Eleanor Finch
The Constitution Act of 1982 was a landmark document in Canadian history, patriating Canada's constitution from the United Kingdom and allowing Canada to amend its constitution independently. The Act was signed by Queen Elizabeth II, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General. It was enacted following a request from the Canadian Senate and House of Commons to end Britain's authority and transfer the power to amend the constitution to Canada's federal and provincial governments. The Constitution Act of 1982 included the Canadian Charter of Rights and Freedoms, which protects the rights of all Canadians and guarantees the rights of Indigenous peoples.
| Characteristics | Values |
|---|---|
| Date of enactment | 17 April 1982 |
| Enacting parties | Queen Elizabeth II, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, Registrar General André Ouellet |
| Purpose | To patriate the Constitution of Canada, allowing Canada to amend its Constitution without approval from Britain |
| Other outcomes | Enshrined the Canadian Charter of Rights and Freedoms in the Constitution, guaranteed rights of Indigenous peoples in Canada, entrenched provincial jurisdiction over natural resources, provided for future constitutional conferences, renamed the British North America Act, 1867 to the Constitution Act, 1867 |
| Legislative basis | Passed by the Parliament of the United Kingdom in response to a request from the Canadian Senate and House of Commons |
| Notable sections | Section 35 recognising and affirming aboriginal and treaty rights, Section 45 allowing provincial legislatures to amend their own constitutions, Section 55 providing for the preparation of a French version of the Constitution |
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What You'll Learn
Queen Elizabeth II
On April 17, 1982, Queen Elizabeth II, as Queen of Canada, signed the Proclamation of the Constitution Act, 1982, which brought the Act into force. The Act was proclaimed a few weeks earlier by the United Kingdom as Schedule B of the Canada Act 1982. The Constitution Act, 1982, is a part of the Constitution of Canada.
The Constitution Act, 1982, was the result of a long process and efforts by many successive governments to patriate the Constitution. It was enacted as part of Canada's process of patriating the constitution, making several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867. The Act was passed after an 18-month political and legal struggle that made headlines across Canada.
The Act was introduced following substantial agreement on a new amending formula. The enactment of the Canada Act 1982 by the British Parliament in March 1982 confirmed the patriation of the Constitution and transferred to Canada the power to amend its Constitution. The Constitution Act, 1982, enacted the Canadian Charter of Rights and Freedoms, guaranteeing the rights of Aboriginal peoples in Canada, entrenching provincial jurisdiction over natural resources, providing for future constitutional conferences, and setting out procedures for amending the Constitution.
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Prime Minister Pierre Trudeau
The Constitution Act, 1982, was the culmination of a lengthy process of patriating the Canadian constitution, which involved transferring the power to amend the constitution from the British Parliament to Canada. This process began with the Statute of Westminster in 1931, which granted legislative independence to Canada and other Commonwealth nations. However, Canada requested that the British North America Act, 1867, which formed the basis of the Canadian constitution, be excluded from their control, allowing the British Parliament to retain the power to amend it.
Trudeau was a key figure in the negotiations and discussions surrounding the patriation of the constitution. He returned to the bargaining table multiple times, working towards an agreement that would include a formula for future amendments and a Charter of Rights and Freedoms. In November 1981, the federal government and nine out of ten provincial governments (excluding Quebec) agreed on a proposal to send to Britain. This proposal included the recognition of the rights of Indigenous peoples and the procedures for amending the Constitution of Canada.
The enactment of the Canada Act 1982 by the British Parliament in March 1982 confirmed the patriation of the constitution and transferred the power of amendment to Canada. Trudeau's efforts in this process were acknowledged in his memoirs, where he credited the success to three women, including Queen Elizabeth II, whose support and wisdom he appreciated. The Constitution Act, 1982, marked a significant step towards Canada's full sovereignty and independence, with the country now having the authority to amend its constitution without British involvement.
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Minister of Justice, Jean Chrétien
The Constitution Act, 1982, is a significant piece of legislation in Canadian history, marking a critical step towards full sovereignty and independence from Britain. This act was brought into force on April 17, 1982, when Queen Elizabeth II, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General, signed the proclamation.
Jean Chrétien, as the Minister of Justice, played a pivotal role in the enactment of the Constitution Act, 1982. His responsibilities included ensuring that the Act was properly implemented and upheld. One of his key tasks was addressing the issue of language. Section 55 of the Act mandates the Minister of Justice to prepare a French version of the Constitution of Canada as swiftly as possible. This was a complex undertaking due to the nature, number, and length of the documents involved. The Minister of Justice established the French Constitution Drafting Committee in 1984 to assist with this task, and they presented their work to the Minister in 1990.
As Minister of Justice, Jean Chrétien was also involved in the broader process of patriating the Constitution, which involved introducing amendments to the British North America Act, 1867, including renaming it the Constitution Act, 1867. The Constitution Act, 1982, was a significant milestone in this process, as it transferred the power to amend Canada's constitution from the British Parliament to Canada itself.
Additionally, the Constitution Act, 1982, enshrined the Canadian Charter of Rights and Freedoms, which protects the rights of Canadians and unifies them around a shared set of principles. This Charter expanded the scope of judicial review and empowered courts to enforce creative remedies and exclude improperly obtained evidence in criminal trials.
The Act also guaranteed the rights of Aboriginal peoples in Canada, recognizing and affirming their existing rights and treaty rights. It entrenched provincial jurisdiction over natural resources and outlined procedures for future constitutional amendments. These provisions ensured that any changes to the Constitution would involve input from provincial governments and discussions with representatives of Aboriginal peoples.
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André Ouellet, the Registrar General
The Constitution Act, 1982, was a pivotal moment in Canadian history, marking the country's full independence. It patriated the Constitution, transferring the power to amend Canada's constitution from the United Kingdom to Canada itself. This process was initiated when, in 1981, the Parliament of Canada requested that the United Kingdom relinquish its authority to make amendments. The enactment of the Canada Act 1982 by the British Parliament in March 1982 confirmed this transfer of power.
The Proclamation of the Constitution Act, 1982, is unique in Canadian history as it is the only foundational document signed by the Canadian monarch. Interestingly, there are two copies of the Proclamation. The first copy, signed outdoors, suffered water damage and became known as the "raindrop" copy. The second copy was signed later, inside the Parliament Buildings.
The Constitution Act, 1982, had wide-ranging impacts on Canada's governance. It enacted the Canadian Charter of Rights and Freedoms, which protects the rights of Canadians and unifies them around a shared set of principles. The Act also guaranteed the rights of Aboriginal peoples in Canada, recognizing and affirming their existing rights and treaty rights. Additionally, it entrenched provincial jurisdiction over natural resources and set out procedures for future constitutional amendments.
André Ouellet's signature on the Proclamation of the Constitution Act, 1982, alongside that of Queen Elizabeth II, symbolizes the culmination of Canada's journey towards full sovereignty and the patriation of its Constitution. Ouellet's role as Registrar General was instrumental in this historic moment, solidifying Canada's independence and setting the framework for the nation's future governance.
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The Parliament of Canada
In the years leading up to the passage of the Constitution Act, 1982, the federal government, led by Prime Minister Pierre Trudeau, worked in consultation with provincial governments to draft the Canadian Charter of Rights and Freedoms, which became Part I of the Constitution Act. This process was necessary to patriate the Constitution and transfer the power to amend it from the British Parliament to Canada. The Parliament of Canada requested that the United Kingdom give up its power to amend Canada's Constitution, which had been in place since the Statute of Westminster in 1931.
The Charter of Rights and Freedoms, included in the Constitution Act, is a bill of rights that protects the political, legal, and human rights of Canadians from all levels of government. It also aimed to unify Canadians around a set of principles and rights. The Charter expanded the range of judicial review and granted new powers to the courts to enforce creative remedies and exclude improperly obtained evidence in criminal trials.
The Constitution Act, 1982, also addressed the rights of Indigenous peoples in Canada. Section 35 of the Act recognises and affirms the existing Aboriginal and treaty rights, protecting the activities, practices, traditions, and land use of Aboriginal peoples. It also ensured that these rights extended equally to male and female persons.
Additionally, the Act provided for future constitutional conferences and set out procedures for amending the Constitution. It specified that most amendments require the approval of the federal parliament and two-thirds of the provincial legislatures, representing at least 50% of the country's population. The Act also included provisions for equalisation payments to poorer provinces and addressed issues of federal-provincial relations.
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Frequently asked questions
The Constitution Act of 1982 was signed by Queen Elizabeth II, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General.
The Constitution Act of 1982 patriated Canada's constitution, ending the power of the British Parliament to amend it. It also enshrined the Canadian Charter of Rights and Freedoms, which protects the rights of all Canadians.
The Act achieved full independence for Canada, allowing the country to amend its constitution without British approval. It also expanded the range of judicial review and guaranteed the rights of Indigenous peoples in Canada.
The federal government and nine of the ten provincial governments (all but Quebec) agreed on a proposal to send to Britain, which included a formula for future amendments and the Charter of Rights and Freedoms. However, Quebec has never formally approved of the enactment of the Act, and its status within Canada remained volatile.
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