Jonah Patel
Canada's Constitution was patriated from the United Kingdom in 1982, with the enactment of the Canada Act 1982, which included the Constitution Act, 1982. This act was the result of a lengthy process that began in 1931, when the Statute of Westminster granted Canada and other Commonwealth nations legislative independence. However, Canada chose to allow the UK to retain the power to amend its constitution until Canadian governments could agree on an all-in-Canada amending formula. This was finally achieved in 1981, when the Parliament of Canada requested that the UK Parliament give up its power to amend the Constitution of Canada, marking a significant step towards full Canadian sovereignty.
| Characteristics | Values |
|---|---|
| Year of enactment | 1982 |
| Name of the Act | Canada Act, 1982 |
| Included | Constitution Act, 1982 |
| Removed power from | Parliament of the United Kingdom |
| Transferred power to | Canada |
| Previous amendment process | Amendments were enacted through Acts of the Parliament of the United Kingdom |
| Previous amendment process years | 1867-1982 |
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What You'll Learn
The Canada Act, 1982
Additionally, the Canada Act, 1982, encompassed the Canadian Charter of Rights and Freedoms, which safeguards the rights and freedoms of Canadians and prevents infringement by federal, provincial, and territorial governments. This Charter also includes a ""notwithstanding clause," allowing federal or provincial governments to temporarily override certain Charter provisions if necessary. The Act also addressed the jurisdiction over non-renewable natural resources, granting exclusive authority to provincial governments in this regard.
The enactment of the Canada Act, 1982, was a collaborative effort involving the Canadian Parliament, the British Parliament, and the Queen of Canada and the United Kingdom, Queen Elizabeth II. This Act not only empowered Canada to amend its constitution independently but also symbolised the country's evolving sovereignty and self-determination.
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The Constitution Act, 1982
The Act also included a Charter of Rights and Freedoms, which prevented federal, provincial, and territorial governments from infringing upon the rights and freedoms of Canadians. Additionally, it guaranteed the existing rights of Indigenous peoples in Canada, recognising and affirming their historical occupancy and use of the land.
The patriation process, as it was known, saw the provinces gain influence in constitutional matters. While there was support from most provincial governments, the Quebec government bitterly opposed it, feeling betrayed by the federal government and the other provinces. This led to further efforts to amend the constitution to make it acceptable to Quebec, resulting in the Meech Lake Accord in 1987.
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The British North America Act, 1867
The act established the Dominion of Canada by uniting the North American British colonies of Canada, New Brunswick, and Nova Scotia. The union would take effect within six months of the passage of the act, and the name of the country would be "Canada". The former Province of Canada was divided into two: Canada West and Canada East, which were renamed Ontario and Quebec, respectively, and became full provinces.
The composition of the Commons consists of 308 members: 106 for Ontario, 75 for Quebec, 11 for Nova Scotia, 10 for New Brunswick, 14 for Manitoba, 36 for British Columbia, 4 for Prince Edward Island, 28 for Alberta, 14 for Saskatchewan, 7 for Newfoundland and Labrador, 1 for Yukon, 1 for the Northwest Territories, and 1 for Nunavut. The House is summoned by the governor-general, and senators are forbidden to sit in the Commons. The act also divides the provinces into electoral districts and continues the electoral laws and voting qualifications of the time, subject to revision.
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The Statute of Westminster, 1931
In 1949, the British North America (No. 2) Act granted the Parliament of Canada limited power to amend its constitution in areas under its jurisdiction without UK involvement. This marked a further step towards Canada's constitutional independence. However, it was not until the enactment of the Canada Act, 1982, that the British Parliament's authority to amend Canada's constitution was fully removed, completing the patriation of the Canadian constitution.
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The British North America (No. 2) Act, 1949
The British North America Act, 1867, created the (internally) self-governing Dominion of Canada. However, the United Kingdom retained legislative control over Canada and full control over Canadian foreign policy. Canada did not have any foreign embassies until 1926. Until 1949, changes to the British North America Acts could only be made by the British Parliament.
The Canadian Constitution was fully patriated from the United Kingdom in 1982, with the enactment of the Canada Act, 1982. This act included the Constitution Act, 1982, which contained an amending formula involving only the federal House of Commons and Senate and provincial legislative assemblies.
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Frequently asked questions
The Canada Act, 1982, gave Canada the power to amend its constitution.
Prior to 1982, the power to amend Canada's constitution was held by the Parliament of the United Kingdom. Amendments were enacted through Acts of the UK Parliament called the British North America Acts.
The "7/50 formula" is the amendment formula that applies when the amendment does not fall into any other category. It requires approval from the Senate, the House of Commons, and the legislatures of at least two-thirds (seven) of the provinces, as long as those provinces constitute at least 50% of Canada's population.
In 1931, the Statute of Westminster granted Canada and other Commonwealth nations full legislative independence. However, Canada requested that the British North America Act, 1867, be excluded from the laws that were now within Canada's complete control to amend.
The Constitution Act, 1982, is a part of the Canada Act, 1982, and it outlines the procedure for amending the constitution. It includes a formula for future amendments and a Charter of Rights and Freedoms.
