Isabella Carter
The Constitution Act of 1982 is a significant milestone in Canadian history, marking the patriation of Canada's constitution from the United Kingdom and achieving full independence for the country. The Act was passed after an 18-month political and legal struggle, during which politicians decided it was time for Canada to have full control over its constitution without requiring British approval for amendments. The Act includes the Canadian Charter of Rights and Freedoms, which protects the rights of Aboriginal peoples and outlines fundamental civil and political rights for all Canadians. It also provides an amendment process for changing the Constitution and guarantees provincial jurisdiction over natural resources.
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What You'll Learn
To patriate Canada's constitution from the UK
The Constitution Act of 1982 was created to patriate Canada's constitution from the United Kingdom. Before the Act, Canada's constitution was subject to the British North America Act of 1867, which meant that the British Parliament retained the power to amend Canada's constitution.
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 own constitution. This was a significant milestone in Canadian history, marking the country's full independence and sovereignty.
The Constitution Act of 1982 contains several parts, including the Canadian Charter of Rights and Freedoms, which protects the rights of Aboriginal peoples and guarantees equality for all male and female persons. It also affirms the supremacy of the Constitution as the highest law of Canada, allowing courts to strike down laws that are deemed unconstitutional.
Another important aspect of the Act is the provision of an amendment process for changing the Constitution. 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. This process ensures that Canada has full control over its legal framework and governance, without needing British approval for constitutional changes.
The patriation of Canada's constitution was a lengthy process due to substantial disagreements among Canadians regarding the amendment process. However, with the Constitution Act of 1982, Canada gained the ability to make changes to its Constitution independently, marking a significant step towards complete sovereignty and control over its nation and its laws.
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To grant Canada full control over its legal framework
The Constitution Act, 1982, is a significant milestone in Canadian history, marking the patriation of Canada's constitution from the United Kingdom. This act ended the requirement for British approval for constitutional amendments, granting Canada full control over its legal framework and governance.
Before the Constitution Act, 1982, the British Parliament had the authority to amend the British North America Act, 1867 (now called the Constitution Act, 1867), which was the most important act in Canada's constitution. The Constitution Act, 1982, was introduced as part of Canada's process of patriating the constitution, making several amendments to the Constitution Act, 1867, including re-naming it.
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 own Constitution. This was a result of a substantial agreement on a new amending formula, which was requested by the Parliament of Canada in 1981. The Constitution Act, 1982, was signed into force by Queen Elizabeth II on 17 April 1982, marking the formal assumption of authority over Canada's constitution and the final step to full sovereignty.
The Constitution Act, 1982, is divided into several parts, with the first part being the Canadian Charter of Rights and Freedoms. This charter is a bill of rights that protects the civil, legal, and political rights of people in Canada from the policies and actions of all levels of government. It also outlines the role of judges in enforcing these rights and grants new powers to the courts to enforce creative remedies and exclude improperly obtained evidence in criminal trials. The second part of the Act guarantees the existing rights of Indigenous peoples in Canada, while the third part recognises the federal government's practice of providing equalisation payments to poorer provinces. The fourth part called for a constitutional conference to discuss the rights of Indigenous peoples, and the fifth part contains the procedure for amending the Constitution, requiring approval from the Senate, the House of Commons, and a majority of provincial legislatures. The sixth part gives the provinces exclusive jurisdiction over non-renewable natural resources, and the seventh part contains several minor provisions.
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To introduce the Charter of Rights and Freedoms
The Constitution Act, 1982, was a landmark document in Canadian history, marking the country's full independence and sovereignty. A key aspect of this Act was the introduction of the Canadian Charter of Rights and Freedoms, which became the first part of Canada's Constitution.
The Charter of Rights and Freedoms is a bill of rights that protects the legal, political, and human rights of all people in Canada. It ensures that the federal, provincial, and territorial governments cannot infringe upon the rights and freedoms outlined in the Charter. These include civil and political rights typically associated with Western democracies, such as freedom of religion, freedom of expression, freedom to assemble peacefully, freedom of the press, and the right to vote.
The Charter also guarantees the rights of Indigenous peoples in Canada. Section 35 of the Constitution Act, 1982, "recognizes and affirms" the "existing" Aboriginal and treaty rights. These rights protect the activities, practices, traditions, and use of land integral to the distinct cultures of Indigenous peoples. Additionally, the Charter provides for the equal protection of these rights for male and female persons.
The introduction of the Charter of Rights and Freedoms had a significant impact on judicial review in Canada. The Charter is more explicit in its guarantee of rights and the role of judges in enforcing them compared to the previous Canadian Bill of Rights. As a result, courts have been empowered to strike down unconstitutional statutes and enforce creative remedies to protect the rights outlined in the Charter.
Overall, the inclusion of the Charter of Rights and Freedoms in the Constitution Act, 1982, was a crucial step in unifying Canadians around a set of fundamental rights and freedoms, ensuring their protection and guaranteeing the rights of Indigenous peoples in the country.
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To recognise and affirm the rights of Indigenous peoples
The Constitution Act, 1982, is a significant milestone in Canadian history, marking the patriation of Canada's constitution from the United Kingdom. The Act allowed Canada to amend its constitution without British approval, granting the country full control over its legal framework and governance.
One of the key purposes of the Constitution Act, 1982, was to recognise and affirm the rights of Indigenous peoples in Canada. This is reflected in Section 35 of the Act, which "recognises and affirms" the "existing" Aboriginal and treaty rights. These rights encompass the activities, practices, and traditions integral to the distinct cultures of Indigenous peoples. Treaty rights, specifically, protect and enforce agreements made between the Crown and Indigenous peoples.
Subsection 35(2) guarantees that these rights apply equally to male and female persons among the Indigenous Indian, Inuit, and Métis peoples. Furthermore, subsection 35(3) clarifies that "treaty rights" encompass "rights that now exist by way of land claims agreements or may be so acquired". This provision ensures that Indigenous peoples can continue to exercise their rights over traditional lands.
The Act also provided for future constitutional conferences to further discuss and protect the rights of Indigenous peoples. This demonstrated a commitment to ongoing dialogue and recognition of Indigenous rights within the Canadian constitutional framework.
In summary, the Constitution Act, 1982, played a pivotal role in recognising and affirming the rights of Indigenous peoples in Canada. By enshrining these rights in the country's constitution, Canada took a significant step towards respecting and preserving the unique cultures and traditions of its Indigenous populations.
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To outline procedures for amending the Constitution
The Constitution Act, 1982, is a significant milestone in Canadian history, marking the patriation of Canada's constitution from the United Kingdom. This act ended the requirement for British approval for constitutional amendments, granting Canada full control over its legal framework and governance. The Act includes a new amending process, which outlines the procedures for making changes to the Constitution.
The Act itself is divided into several parts, with the fifth part containing the method for amending the Constitution. This part sets out the rules and requirements for making changes to the Constitution, which must be followed by any proposed amendments. It establishes that most sections of the Constitution can be amended with approval from the Senate, the House of Commons, and at least two-thirds (seven) of the provincial legislatures, as long as they represent at least 50% of the country's population. This is commonly referred to as the 7/50 rule.
However, certain sections of the Constitution require unanimous approval from the federal parliament and all provincial legislatures. For example, changes to the makeup of the Supreme Court, the use of French and English, the right of a province to have an equal number of members of Parliament and senators, and matters concerning the Queen, the governor general, or the lieutenant-governors, all require the consent of the Senate, the House of Commons, and all ten provinces.
The Act also provides for a unilateral amending procedure in Section 45, which allows a provincial legislature to amend its own constitution. This procedure empowers provinces to make changes to their own constitutions without requiring the approval of the federal parliament or other provincial legislatures.
The Constitution Act, 1982, with its outlined procedures for amendment, represents a significant shift in Canada's constitutional history, allowing the country to have full sovereignty and control over its legal framework.
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Frequently asked questions
The Constitution Act of 1982 is a part of the Constitution of Canada. It was introduced as part of Canada's process of patriating the constitution, which gave Canada the power to amend its constitution without approval from Britain.
The Act is a landmark document in Canadian history as it represents the country's full independence. It also added the Charter of Rights and Freedoms to the Constitution, which protects the rights of Aboriginal peoples.
The Charter of Rights and Freedoms is a bill of rights that protects the political, legal, and human rights of people in Canada. It also prevents the federal, provincial, and territorial governments from infringing on Canadian rights and freedoms.
In addition to patriating the constitution and enacting the Charter of Rights and Freedoms, the Act also guaranteed the rights of Indigenous peoples in Canada, entrenched provincial jurisdiction over natural resources, and provided for future constitutional conferences.
The Act was created after substantial agreement was reached on a new amending formula in 1981. The federal government and nine of the 10 provincial governments (all but Quebec) agreed on a proposal to send to Britain, which was approved and signed by Queen Elizabeth II on April 17, 1982.
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