Eleanor Finch
The Constitution Act, 1982, is a significant document in Canadian history, marking the country's full independence and sovereignty. Before 1982, Canada's Constitution consisted of various acts of the British Parliament, primarily the British North America Act of 1867, which was later renamed the Constitution Act, 1867. The British Parliament retained the power to amend Canada's Constitution until Canadian governments could agree on a unified approach. This power dynamic changed with the enactment of the Canada Act 1982, which transferred authority to amend the Constitution to Canada. The Constitution Act, 1982, was proclaimed by Queen Elizabeth II on April 17, 1982, in Ottawa, marking a pivotal moment in Canada's journey towards full sovereignty.
| Characteristics | Values |
|---|---|
| Name | Queen Elizabeth II |
| Role | Queen of Canada, Head of the Commonwealth |
| Event | Proclamation of the Constitution Act, 1982 |
| Date | April 17, 1982 |
| Location | Ottawa, Ontario, Canada |
| Significance | Established patriation of the Canadian Constitution, granting Canada full legal sovereignty |
| Amendments | Included a Charter of Rights and Freedoms, and clarified provincial and federal powers |
| Result | Created a fully independent Canada with a codified constitution |
| Impact | Changed the amendment process, requiring a consensus among provincial and federal governments |
| Legacy | Ensured the protection of individual rights and clarified the distribution of powers within Canada |
| Ref | https://en.wikipedia.org/wiki/Constitution_Act,_1982 |
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What You'll Learn
The Canada Act 1982 was passed by the Parliament of the UK
The Canada Act 1982 was passed by the Parliament of the United Kingdom in March 1982. It was passed in response to a request from the Canadian Senate and House of Commons to end Britain's authority and transfer the authority for amending the Constitution of Canada to the federal and provincial governments.
The Canada Act 1982 was passed to confirm the patriation of the Constitution and transfer to Canada the power to amend its Constitution. The Act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, which had allowed the British Parliament to pass laws extending to Canada at its request.
The Canada Act 1982 received royal assent from Queen Elizabeth II on March 29, 1982, in London. However, it did not take full effect immediately. It was proclaimed in force by Queen Elizabeth II as Queen of Canada on April 17, 1982, on Parliament Hill in Ottawa. This proclamation marked the end of a long process and multiple governments' efforts to patriate the Constitution.
The Canada Act 1982 also included the Constitution Act, 1982, as Schedule B, written in both English and French, Canada's two official languages. The Constitution Act, 1982, amended the British North America Act, 1867, including renaming it the Constitution Act, 1867. It also included the Canadian Charter of Rights and Freedoms, which enshrined rights and freedoms to be observed across Canada, such as freedom of religion, linguistic rights, and educational rights.
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The Act ended Britain's authority to amend Canada's constitution
The Constitution Act, 1982, is a significant document in Canadian history, marking the country's full independence and sovereignty. Before 1982, the power to amend Canada's constitution rested with the Parliament of the United Kingdom. This arrangement stemmed from the Statute of Westminster in 1931, where Britain offered self-governing parts of its empire, including Canada, full legal autonomy. However, Canada chose not to accept full control over its constitution, as there was no agreement on how amendments should be made.
The Canada Act 1982 was passed by the Parliament of the United Kingdom at the request of the Canadian Senate and House of Commons. This Act ended Britain's authority to amend Canada's constitution and transferred that authority to Canada's federal and provincial governments. It was a culmination of a long and challenging process, involving multiple successive governments, to patriate the Constitution. The Act introduced a formula for future amendments, outlined in Part V of the Constitution Act, 1982, which consists of five different amendment procedures.
The new "repatriated" Constitution included the Canadian Charter of Rights and Freedoms, which enshrined rights and freedoms for all Canadians and guaranteed the rights of Indigenous peoples. It also entrenched provincial jurisdiction over natural resources and set out procedures for future constitutional conferences. The Constitution Act, 1982, achieved full sovereignty for Canada, allowing the country to amend its Constitution without seeking approval from Britain. This transfer of authority was marked by a proclamation brought into force by Queen Elizabeth II on April 17, 1982, on Parliament Hill in Ottawa.
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The Act transferred authority to amend the constitution to Canada
The Constitution Act, 1982, is a significant document in Canadian history, marking a turning point in the country's journey towards full independence. The Act was introduced as part of Canada's process of patriating the constitution, which involved transferring the authority to amend the constitution from the United Kingdom to Canada itself.
Prior to 1982, the British Parliament retained the power to amend Canada's constitution. This arrangement stemmed from the Statute of Westminster in 1931, when Britain offered full autonomy to self-governing parts of its empire, including Canada. However, Canadians faced a dilemma: they wanted to accept the transfer of constitutional power but struggled to agree on a method for amending the constitution that would satisfy all provinces, particularly Quebec. As a result, Canada temporarily allowed the British Parliament to retain the power to amend its constitution.
The Canada Act 1982, enacted by the British Parliament, addressed this long-standing issue by transferring the authority for amending the Constitution of Canada to the federal and provincial governments. This marked the end of Britain's involvement in amending Canada's constitution and the beginning of Canada's full sovereignty. The Canada Act 1982 received royal assent on March 29, 1982, in London, but it was not until April 17, 1982, that Queen Elizabeth II, as Queen of Canada, proclaimed the Constitution Act, 1982, into force on Parliament Hill in Ottawa.
The Constitution Act, 1982, introduced several amendments, including renaming the British North America Act, 1867, as the Constitution Act, 1867. It also enacted the Canadian Charter of Rights and Freedoms, guaranteed the rights of Aboriginal peoples of Canada, entrenched provincial jurisdiction over natural resources, and provided for future constitutional conferences. The Act set out dense rules for amending Canada's constitution, with five different amendment procedures outlined in Part V of the Act. These procedures depend on the specific part of the constitution being amended and require various combinations of approval from the Senate, the House of Commons, and provincial legislatures.
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The Act was proclaimed in force by Queen Elizabeth II
The Constitution Act, 1982, is a significant document in Canadian history, marking a crucial step towards full sovereignty and independence for Canada. The Act was proclaimed in force by Queen Elizabeth II, who signed it on April 17, 1982, on Parliament Hill in Ottawa. This proclamation was a pivotal moment, bringing an end to a lengthy process of patriating the Constitution and transferring the power to amend it from the British Parliament to Canada.
Prior to the Constitution Act, 1982, the British Parliament retained the authority to amend Canada's Constitution, as granted by the Statute of Westminster in 1931. Canada chose to temporarily allow the United Kingdom to maintain this power until Canadians could agree on an amending formula acceptable to all provinces, particularly Quebec. However, this agreement proved elusive due to substantial disagreements, and it took over a century for Canada to patriate its Constitution fully.
The enactment of the Canada Act 1982 by the British Parliament in March 1982 was a response to the request from the Canadian Senate and House of Commons to end Britain's authority and transfer the power to amend the Constitution to Canada. This act included the entire text of the Constitution Act, 1982, as an annex, and it received royal assent on March 29, 1982. The Constitution Act, 1982, itself introduced several amendments, such as renaming the British North America Act, 1867, to the Constitution Act, 1867, and enacting the Canadian Charter of Rights and Freedoms.
The proclamation of the Constitution Act, 1982, by Queen Elizabeth II marked the culmination of this process, confirming Canada's assumption of authority over its constitution and ending any role for the British Parliament in Canadian law. The Act enshrined a formula for future amendments, guaranteeing that any changes to the Constitution would be made by Canadians themselves. This formula includes various procedures, such as the 7/50 rule, requiring approval from the Senate, the House of Commons, and at least two-thirds of the provincial legislative assemblies representing at least 50% of the total population of the provinces.
The proclamation by Queen Elizabeth II was a historic moment, witnessed by Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General. It signified the completion of Canada's journey toward full sovereignty and the ability to amend its Constitution independently, without seeking approval from Britain. This event holds immense significance in Canada's constitutional history and solidifies the country's self-governance and legislative autonomy.
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The Act patriated the Constitution from the UK
The Constitution Act, 1982, patriated the Constitution from the UK. This was a landmark document in Canadian history, as it allowed Canada to achieve full independence by enabling the country to change its Constitution without requiring Britain's approval.
The process of patriation was necessary because, after the Statute of Westminster in 1931, Canada allowed the British Parliament to retain the power to amend Canada's constitution. This was due to a lack of agreement among the provinces on a method for amending the constitution that would be acceptable to all, particularly Quebec. The Constitution of Canada, up until 1982, was primarily contained in the British North America Act, 1867, and other British North America Acts, passed by the Parliament of the United Kingdom.
In 1981, the federal government and most provincial governments agreed on an amending formula with five processes to change different aspects of the Constitution. This formula required significant provincial consent, including the agreement of Parliament and at least seven provinces representing at least 50% of Canada's population. Canada then presented this patriation package to the British Parliament.
The Canada Act 1982, passed by the British Parliament, ended Britain's authority over the Constitution of Canada and transferred the power to amend it to Canada. This Act included the Constitution Act, 1982, as an annex in both English and French, Canada's two official languages. Section 2 of the Canada Act explicitly states that no subsequent UK law "shall extend to Canada as part of its law", further emphasising Canada's independence.
The Constitution Act, 1982, was proclaimed in force by Queen Elizabeth II as Queen of Canada, alongside Prime Minister Pierre Trudeau and Minister of Justice Jean Chrétien, on April 17, 1982, on Parliament Hill in Ottawa. This proclamation marked the end of a long process and the achievement of full Canadian sovereignty.
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Frequently asked questions
The amended constitution of Canada, also known as the Canada Act 1982, was proclaimed by Queen Elizabeth II on April 17, 1982.
The proclamation marked the end of British parliamentary authority over the Canadian constitution and transferred the power to amend it to Canada, achieving full sovereignty for the country.
The process of patriating the Canadian constitution involved substantial negotiations and legal challenges. The Canadian Parliament requested that the UK Parliament give up its power to amend the Constitution, which was met with resistance from some provincial governments, particularly Quebec. After the Supreme Court ruled in favour of the federal government's authority to pursue patriation, an agreement was reached with nine out of ten provincial leaders in November 1981. The Canada Act 1982 was then passed by the UK Parliament, confirming the transfer of authority to Canada.
