Malcolm Rivera
The Constitution Act of 1982 is a significant document in Canadian history, marking a pivotal step towards full sovereignty. The Act, which was signed on April 17, 1982, by Queen Elizabeth II, Prime Minister Pierre Trudeau, and other key officials, brought about several important changes. These included patriating the Constitution, enshrining the Canadian Charter of Rights and Freedoms, and guaranteeing the rights of Indigenous peoples. The Act also addressed the use of English and French in the Constitution and paved the way for future constitutional conferences.
| Characteristics | Values |
|---|---|
| Date | 17 April 1982 |
| Signatories | Queen Elizabeth II, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General |
| Purpose | To patriate the Constitution of Canada, allowing Canada to change its Constitution without approval from Britain |
| Components | The Canadian Charter of Rights and Freedoms, a schedule of constitutional repeals, and procedures for future amendments |
| Amendments | Renamed the British North America Act, 1867 to the Constitution Act, 1867; added a new section, s. 92A; repealed sections 91(1) and 92(1) |
| Rights Guaranteed | Rights of Indigenous peoples in Canada, including the right to provincial jurisdiction over natural resources |
| Equalization Payments | Confirmed the federal government's commitment to providing equalization payments to poorer provinces |
| Constitutional Conference | Required the prime minister and premiers to hold a constitutional conference before 17 April 1983 to discuss Indigenous rights |
| Language | Section 55 requires a French version of the Constitution of Canada to be prepared by the Minister of Justice |
| Quebec | Quebec has never formally approved the enactment of the Act |
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What You'll Learn
The Constitution Act, 1982 was signed in Ottawa
The Constitution Act of 1982 is a significant document in Canadian history, marking a pivotal step towards full sovereignty for the nation. The Act was signed in Ottawa, the Canadian capital, by Queen Elizabeth II on April 17, 1982, alongside Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General. This event symbolically brought the Constitution Act into force, solidifying Canada's authority over its constitution and marking the culmination of an intense 18-month political and legal struggle.
The Constitution Act, 1982, is intimately tied to Canada's journey towards patriating its constitution and achieving full independence. Before this Act, Canada's Constitution comprised various acts of the British Parliament, most notably the British North America Act (now renamed the Constitution Act, 1867). The British Parliament held the sole authority to amend the BNA Act, which meant that Canada lacked the autonomy to modify its constitution independently.
The enactment of the Canada Act 1982 by the British Parliament in March 1982 was a pivotal moment. It confirmed the patriation of the Constitution and transferred the power to amend it to Canada. This transfer of authority was a long-awaited change, as it freed Canada from relying on Britain to make constitutional amendments. The Constitution Act, 1982, was a direct outcome of this shift, serving as Schedule B to the Canada Act 1982.
The Constitution Act, 1982, introduced several amendments to the Constitution Act, 1867, including renaming the British North America Act, 1867, to its current title. Additionally, it enshrined the Canadian Charter of Rights and Freedoms, guaranteeing the rights of Indigenous peoples and entrenching provincial jurisdiction over natural resources. It also set out procedures for future constitutional amendments, requiring approval from the Senate, the House of Commons, and a substantial portion of the provinces.
The signing of the proclamation in Ottawa in 1982 marked a significant milestone in Canada's history, concluding years of efforts by successive governments to establish a fully sovereign nation with its own constitution and a framework to uphold the rights of its citizens.
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It was enacted by Queen Elizabeth II
The Constitution Act of 1982 is a significant document in Canadian history, marking a pivotal step towards full sovereignty and independence from Britain. The Act came into force on April 17, 1982, when it was signed and enacted by Queen Elizabeth II, along with Prime Minister Pierre Trudeau, the Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General. This proclamation symbolised the culmination of Canada's journey towards patriating its constitution and securing the authority to amend it without British intervention.
The enactment of the Constitution Act, 1982, by Queen Elizabeth II, holds immense significance for several reasons. Firstly, it represents the final stage of Canada's transition to full sovereignty. By signing the Act, Queen Elizabeth II affirmed Canada's authority over its constitution, signifying that any future amendments would be solely within Canada's jurisdiction. This marked a departure from the previous arrangement, where the British Parliament retained the power to make changes to Canada's constitution, as outlined in the British North America Act (now known as the Constitution Act, 1867).
Secondly, the Queen's enactment of the Act enshrined the Canadian Charter of Rights and Freedoms, which is considered the highest law of the land. This Charter guarantees the rights and freedoms of Canadians, subject only to reasonable limits prescribed by law in a free and democratic society. It also recognises the rights of Indigenous peoples in Canada and grants provincial governments exclusive jurisdiction over non-renewable natural resources.
The Constitution Act, 1982, also sets out a clear procedure for amending the Constitution in the future. Most sections of the Constitution can now be amended with approval from the Senate, the House of Commons, and at least seven out of ten provinces, representing at least 50% of Canada's population. This process, known as the 7/50 rule, ensures that any changes to the Constitution reflect the consensus of a significant portion of the country.
Lastly, the enactment of the Act by Queen Elizabeth II addressed the issue of bilingualism in the Constitution. While significant portions of the Constitution of Canada were originally enacted only in English, the Act includes sections 55, 56, and 57, which mandate the preparation of an official French version of the Constitution. These sections ensure that the English and French versions of the Constitution carry equal authority.
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It patriated the Constitution to Canada
The Constitution Act of 1982 is a significant document in Canadian history, marking a pivotal moment in the country's journey towards full independence. The Act patriated the Constitution to Canada, transferring the power to amend its Constitution from the United Kingdom to Canada itself. This transfer of authority represented the final step towards Canada's complete sovereignty as an independent nation.
Prior to the enactment of the Constitution Act, 1982, Canada's Constitution consisted of various acts of the British Parliament, the most notable being the British North America Act, 1867 (renamed the Constitution Act, 1867). The British Parliament held the sole authority to amend this act, which posed challenges for Canada in shaping its own constitutional framework.
The patriation of the Constitution to Canada was a complex and protracted process. It involved intense negotiations between federal and provincial governments, with the province of Quebec playing a particularly prominent role. The process was characterised by political and legal struggles, with the federal government ultimately succeeding in patriating the Constitution.
The Constitution Act, 1982 introduced several amendments to the Constitution Act, 1867. One significant change was the inclusion of the Canadian Charter of Rights and Freedoms, which guaranteed the rights of Indigenous peoples and ensured sexual equality and equal rights for individuals with disabilities. The Act also entrenched provincial jurisdiction over non-renewable natural resources and set out procedures for future constitutional amendments.
The patriation of the Constitution had far-reaching implications for Canada's sovereignty and self-governance. It empowered the country to shape its own constitutional destiny, free from external interference. This pivotal moment in Canadian history marked the culmination of a lengthy struggle for independence and self-determination.
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It amended the British North America Act, 1867
The Constitution Act, 1982, is a significant document in Canadian history, marking a crucial step towards full sovereignty for the nation. This act amended the British North America Act, 1867, which was a foundational piece of legislation for Canada's government structure and operations. The 1982 Act brought about several changes to the earlier document, which was initially enacted by the Parliament of the United Kingdom.
One of the key amendments was the renaming of the British North America Act, 1867, to the Constitution Act, 1867. This change reflected the patriation of the constitution back to Canada. The 1982 Act also introduced the Canadian Charter of Rights and Freedoms, which became the highest law of the land. This charter enshrined the rights of Indigenous peoples in Canada, guaranteeing their existing rights, and addressing issues of equalization payments to less wealthy provinces.
The Constitution Act, 1982, also made specific amendments to the earlier act. Section 92A was added, granting provincial governments exclusive jurisdiction and greater control over non-renewable natural resources. Sections 91(1) and 92(1) of the 1867 Act were repealed, and Section 5 of the Canadian Charter of Rights and Freedoms replaced Section 20. These changes reflected the evolving nature of Canada's government and its desire for increased autonomy.
The enactment of the Canada Act 1982 by the British Parliament confirmed the patriation of the Constitution and marked the transfer of power to Canada to amend its constitution independently. This process was a long time coming, as Canada had been working towards full control over its constitution since the Statute of Westminster in 1931. The Constitution Act, 1982, represented the culmination of these efforts, solidifying Canada's independence and sovereignty.
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It enshrined the Canadian Charter of Rights and Freedoms
The Constitution Act, 1982, is a landmark document in Canadian history. It was signed on April 17, 1982, by Queen Elizabeth II of Canada, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General. The Act achieved full independence for Canada, allowing the country to amend its constitution without seeking approval from Britain, thus patriating the constitution.
The Constitution Act, 1982, also enshrined the Canadian Charter of Rights and Freedoms in Canada's Constitution, the country's highest law. The Charter sets out the rights and freedoms that Canadians believe are necessary in a free and democratic society. It guarantees certain political rights to Canadian citizens and civil rights to everyone in Canada. The rights and freedoms enshrined in the Charter include freedom of religion, thought, belief, and expression. It also protects the right of the press and other media to speak out, as well as the right to gather and act in peaceful groups and the right to belong to associations like trade unions. These freedoms are guaranteed to ensure that Canadians are free to create and express their ideas, gather to discuss them, and communicate them widely.
The Canadian Charter of Rights and Freedoms was adopted in 1982, but some provisions, such as those regarding equality rights, did not come into effect until 1985. This delay was intentional, providing federal and provincial governments with an opportunity to review pre-existing statutes and address potential inequalities. The Charter has been amended several times since its enactment, including in 1983 to explicitly recognize more rights regarding Aboriginal land claims and in 1993 with the addition of Section 16.1.
The Charter is not the first document to protect the rights and freedoms of Canadians. Before its enactment, other laws, such as the Canadian Bill of Rights enacted in 1960, already guaranteed similar rights and freedoms. However, the Bill of Rights was not a part of the Constitution of Canada. The Charter has since become a source of change and progress, affirming the values of Canadian society. It has been used by Canadian courts to bring Canadian laws into alignment with societal principles, such as reinforcing the rights of official language minorities and recognizing the rights of minority and disadvantaged groups.
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Frequently asked questions
The Constitution Act of 1982 was signed in Canada.
Queen Elizabeth II, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General, all signed the proclamation.
The Constitution Act of 1982 was signed on April 17, 1982.
The Constitution Act of 1982 is a landmark document in Canadian history. It gave Canada full sovereignty, allowing the country to amend its constitution without British approval. It also enshrined the Canadian Charter of Rights and Freedoms in Canada's Constitution.
The Canada Act 1982 is part of the Constitution of Canada, which includes the Constitution Act, 1982, and 30 other Acts and Orders.
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