Simone Lawson
The Canadian Constitution, which includes the fundamental principles of federalism, democracy, constitutionalism, and the rule of law, was signed in 1982. This landmark document, known as the Constitution Act, 1982, achieved full independence for Canada by allowing the country to amend its Constitution without British approval. The Act also enshrined the Canadian Charter of Rights and Freedoms, which protects the rights of Indigenous peoples and guarantees minority language education rights for Canadian citizens. While the Constitution was patriated in 1982, the first semblance of a constitution for Canada dates back to the Royal Proclamation of 1763, which established an appointed colonial government for the newly renamed Province of Quebec.
| Characteristics | Values |
|---|---|
| Year of signing | 17 April 1982 |
| Signatories | Queen Elizabeth II, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General |
| Previous name | British North America Act, 1867 |
| Current name | Constitution Act, 1982 |
| Previous ability to amend | Could only be amended by the United Kingdom Parliament |
| Current ability to amend | Can be amended with approval from the Senate, the House of Commons, and the legislatures of at least seven Canadian provinces, so long as those provinces contain at least 50% of Canada's population |
| Previous human rights protections | None |
| Current human rights protections | Includes the Canadian Charter of Rights and Freedoms, which protects the rights of Indigenous peoples and the rights of the English or French-speaking minority |
| Previous status of British laws | The Colonial Laws Validity Act applied to British Dominions, including Canada |
| Current status of British laws | The Colonial Laws Validity Act no longer applies to British Dominions, including Canada |
| Previous status of Canadian independence | Canada was a self-governing British colony |
| Current status of Canadian independence | Canada is fully independent and has authority over its constitution |
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What You'll Learn
Canada's system of government
The Constitution Act, 1982, was an amendment to the 1867 act and included the Canadian Charter of Rights and Freedoms. This charter is a bill of rights that protects the human rights of Canadians from the policies and actions of all levels of government. It also unified Canadians around a set of principles and values. The 1982 act also allowed Canada to change its constitution without approval from Britain, marking the country's full legislative independence.
The Canadian constitution includes the fundamental principles of federalism, democracy, constitutionalism, the rule of law, and respect for minorities. It is made up of 30 Acts and Orders, including the Constitution Act, 1867, and any amendments made to these instruments. The constitution also recognises and affirms the rights of Indigenous peoples in Canada, including Aboriginal rights and treaty rights.
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The Canadian Charter of Rights and Freedoms
The Charter was enacted as part of the Constitution Act, 1982, which was signed on April 17, 1982, by Queen Elizabeth II, Prime Minister Pierre Trudeau, the Minister of Justice, Jean Chrétien, and André Ouellet, the Registrar General. This Act provided that the Canadian constitution could be amended in Canada and was the final step towards full sovereignty for Canada.
Before the Charter, various statutes protected an assortment of civil rights and obligations, but nothing was enshrined in the constitution until 1982. The enactment of the Charter has fundamentally changed much of Canadian constitutional law. It has also codified many previously oral constitutional conventions and made the amendment of the constitution significantly more difficult.
The Charter includes a Notwithstanding Clause, which allows the federal Parliament or the provincial legislatures to override certain Charter provisions for short periods. The federal or provincial governments can exempt any law from certain Charter provisions. The Charter also includes sections that guarantee the rights of Indigenous peoples in Canada, including Aboriginal and treaty rights.
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The British North America Act
The Canadian constitution has its roots in the Royal Proclamation of 1763, which was the first semblance of a constitution for Canada. The proclamation renamed the north-easterly portion of the former French province of New France as the Province of Quebec, establishing an appointed colonial government.
The Constitution Act, 1982, was signed on 17 April 1982 by Queen Elizabeth II, Prime Minister Pierre Trudeau, the Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General. This Act included the Canadian Charter of Rights and Freedoms, which protects the political, legal, and human rights of people in Canada from the policies and actions of all levels of government. It also unified Canadians around a set of principles that embody those rights. The enactment of the Charter of Rights and Freedoms fundamentally changed much of Canadian constitutional law, making it significantly more difficult to amend the constitution.
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Canada's legislative independence
Canada's journey towards legislative independence began in 1763 with the Royal Proclamation, which established an appointed colonial government and renamed the northeasterly portion of the former French province of New France as the Province of Quebec. This was the first semblance of a constitution for Canada. The British Parliament then passed the Quebec Act in 1774, which expanded the province's boundaries and replaced French criminal law with the English common-law system.
In 1867, the British North America Act (now known as the Constitution Act, 1867) was passed, establishing the Dominion of Canada as a self-governing part of the British Empire. This act outlined Canada's system of government, combining Britain's Westminster model of parliamentary government with the division of sovereignty (federalism). It joined the Provinces of Upper and Lower Canada, Nova Scotia, and New Brunswick together in one federal union, with the federal legislature given the power to legislate on all matters not explicitly assigned to the provincial legislatures.
The Statute of Westminster in 1931 provided that existing Dominions became fully sovereign and independent of the United Kingdom, and any new Dominions would be fully sovereign upon being granted Dominion status. Canada ratified this statute, but with an exception: the Canadian federal and provincial governments could not agree on an amending formula for the Canadian constitution.
It was not until 1982, with the enactment of the Constitution Act, that Canada achieved full legislative independence from the United Kingdom. This act, brought into force by Queen Elizabeth II and Prime Minister Pierre Trudeau, included the Canadian Charter of Rights and Freedoms, and an amending formula that no longer required an appeal to the British Parliament. The act also codified previously oral constitutional conventions and made amending the constitution more difficult.
The Constitution Act, 1982, is considered a landmark document in Canadian history as it achieved full independence for Canada, allowing the country to change its Constitution without British approval. It reaffirmed Canada's dual legal system and included the protection of Aboriginal and treaty rights. The act also provided a set of procedures for amending the Constitution, with most sections requiring approval from the Senate, the House of Commons, and the legislatures of at least seven provinces representing at least 50% of Canada's population.
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Aboriginal and treaty rights
The Canadian Constitution, also known as the Constitution Act, was signed on April 17, 1982, by Queen Elizabeth II, Prime Minister Pierre Trudeau, the Minister of Justice, Jean Chrétien, and André Ouellet, the Registrar General. This proclamation marked the end of efforts by many successive governments to bring the Constitution under Canadian control and away from the British Parliament, which had previously been able to amend it.
The Constitution Act, 1982, includes the Canadian Charter of Rights and Freedoms, which outlines the rights of people in Canada and unifies Canadians around a set of principles. Section 35 of the Act "recognizes and affirms" the "existing" Aboriginal and treaty rights in Canada. These rights protect the activities, practices, and traditions that are integral to the distinct cultures of Aboriginal peoples. The treaty rights uphold and enforce the agreements made between the Crown and Aboriginal peoples.
Section 35 also provides protection of Aboriginal title, which safeguards the use of land for traditional practices. This section extends rights to Indian, Inuit, and Métis peoples. The affirmation of these rights in the Constitution was a significant step forward, but it did not end the conversation or activism around Aboriginal rights. Since 1982, First Nations, Métis, and Inuit have continued to take action to further affirm their rights.
The concept of "Indigenous difference" is central to the protective purpose of Section 25 of the Charter, which ensures that individual rights in the Charter do not undermine Indigenous difference. This section acts as a shield to protect Indigenous difference in the event of irreconcilable conflict between Charter rights and Aboriginal, treaty, or other rights.
The Government of Canada recognizes the inherent right of self-government as an existing Aboriginal right under Section 35. This right is based on the understanding that Aboriginal peoples have the right to govern themselves regarding matters internal to their communities, integral to their unique cultures, identities, traditions, languages, and institutions, and with respect to their special relationship to their land and resources. The government acknowledges that this right may be enforceable through the courts and that there are differing views on the nature, scope, and content of this right.
The recognition of Aboriginal and Treaty Rights in the Canadian Constitution was the result of activism and civic action by Aboriginal groups, who mobilized across the country to ensure that their rights were affirmed in the new Constitution. The main national Aboriginal groups involved included the National Indian Brotherhood (now the Assembly of First Nations), the Inuit Tapirisat of Canada (now Inuit Tapiriit Kanatami), and the Native Council of Canada (now the Congress of Aboriginal Peoples).
Despite the challenges of being heard during federal-provincial negotiations, the actions taken by First Nations, Métis, and Inuit individuals and groups ultimately bore fruit, with the inclusion of Section 35 in the Constitution Act, 1982, legally guaranteeing the recognition and affirmation of their rights.
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Frequently asked questions
The Canadian Constitution was signed in 1982. This was the year that Queen Elizabeth II, Prime Minister Pierre Trudeau, the Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General, signed the Proclamation, bringing the Constitution Act, 1982 into force.
The Constitution Act, 1982, was a landmark document in Canadian history as it achieved full independence for Canada. It allowed the country to amend its Constitution without seeking approval from Britain. It also enshrined the Charter of Rights and Freedoms in Canada's Constitution, which was the first time that human rights in Canada were protected in a written Constitution.
The first semblance of a constitution for Canada was the Royal Proclamation of 1763, which renamed the northeasterly portion of the former French province of New France as the Province of Quebec. The British North America Act, 1867, is also considered the basis of Canada's current Constitution.
