Canada Act 1982
Categories: Quebec history | Constitution of Canada | 1982 in law
The Canada Act 1982 is an Act of Parliament passed by the British Parliament that severed virtually all remaining constitutional and legislative ties between the United Kingdom and Canada. It contains the text of the Constitution Act, 1982 of Canada in Schedule B, in both of Canada's official languages, making it the only British Act of Parliament to be in both English and French.
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History
Canada's road to political self government began with the British North America Act, 1867 (now called in Canada the "Constitution Act, 1867"). This act created the modern state of Canada by combining the Province of Canada (now Ontario and Quebec), Nova Scotia, and New Brunswick into a dominion within the British Empire. From this Canada adopted a Westminster style government with a Parliament. A Governor General fulfilled the constitutional duties of the British Sovereign on Canadian soil.
Despite this, the United Kingdom still had the power to legislate for Canada. The Statute of Westminster 1931 removed this power of the British Parliament for Canada, as well as the other British Dominions (Australia, the Irish Free State, New Zealand, South Africa, and Newfoundland). Also, the British North America Act 1949 No.2 was passed by the British Parliament, giving the Canadian Parliament significant constitutional amending powers. However, an Act of the British Parliament was still required to make some amendments in the Canadian constitution.
This delay in repatriating the Canadian constitution was due in large part to the lack of agreement over a mechanism for amending the constitution that would be acceptable to all of the provinces, particularly Quebec.
Enactment of the Act
The Canada Act was the last request of the Canadian government to amend the country's constitution. Pierre Trudeau had hoped originally that the federal Parliament could unilaterally change the constitution, but the Supreme Court of Canada ruled in the Patriation Reference that a substantial level of consent from the provinces was needed according to constitutional conventions (though not in law). Trudeau succeeded in convincing nine provinces out of ten by adding the Notwithstanding Clause to limit the application of the Canadian Charter of Rights and Freedoms.
There were no objections on the part of the British Government or Parliament to the passing of the Act into law, and many MPs were surprised that such an anomaly still existed. Through section 2 of the Canada Act 1982, the United Kingdom ended its involvement in further amendments to the Canadian constitution.
The Canada Act 1982 was signed into law by Her Majesty Elizabeth II Queen of Canada on a rainy April 17, 1982 on Parliament Hill in Ottawa. Queen Elizabeth remains Queen and Head of State of Canada to this day. Her constitutional powers over Canada were not affected by the Act. Canada has full sovereignty over its realm and the Queen's role is separate from her role as the British monarch.
Proclamation by the Queen of Canada
Whilst the Canada Act 1982 received the Royal Assent on March 29, 1982 in London, it was not until the Queen came to Canada that the Constitution Act, 1982, its Canadian equivalent, was proclaimed by Letters patent as a statutory instrument by the Queen on her visit to Canada.
See also
External link
- Full text of the Constitution Act, 1982 including the Canadian Charter of Rights and Freedoms
- Canada and the Constitution Act
- Table of Constitutional Documents