Canada Act of 1982

Act of the British parliament that relinquished all control over Canada’s governance and modified Canada’s constitution

Date Came into force on April 17, 1982

The Canada Act not only made Canada a sovereign country but also provided a codified, legal process for the functioning of the country’s federal government and enacted an explicit list of rights of its citizens.

The Canada Act of 1982 patriated Canada’s constitution from the United Kingdom. An act of the British parliament, it was the most important part of the Canadian constitutional process since the British North America Act of 1867 first created a Canadian constitution. Before the 1982 act passed, the involvement of the United Kingdom was necessary for any modification of Canada’s constitution, because the British retained formal, legal powers over their former colony. Afterward, Canadians gained complete control of their nation and its laws.

The Catalyst for Change

More than a century elapsed between the creation of a constitution for Canada in 1867 and its patriation. The exceptionally long delay had little to do with British opposition. The several amendments made to the constitution were automatically adopted by the United Kingdom’s legislature. The primary reason for the extensive time lag was the substantial disagreement among Canadians regarding a process for amending their constitution. In particular, they failed to agree on the degree to which the federal government needed the provinces’ approval for changes prior to sending the British a formal request for an amendment.

Precipitating Canada’s efforts finally to patriate its constitution was Quebec’s referendum on independence in 1980. In an attempt to persuade the Québécois to vote against the measure, Canadian prime ministerPierre Trudeau stated that he would pursue constitutional changes as a method to address their concerns. After the referendum failed, he initiated a process to make significant amendments to the country’s constitution, including acquiring complete control over it.

A Difficult Process

Trudeau met with the provincial premiers in an attempt to reach an agreement on constitutional changes. The discussions addressed several topics in addition to an amending process. The various parties could not, however, find a resolution to their differences. Only two provincial leaders supported Trudeau’s initial proposal for constitutional reform. After a legal challenge to the proceedings, Canada’s Supreme Court ruled in Reference re a Resolution to Amend the Constitution (1981, also known as the Patriation Reference) that the federal government’s process was strictly legal, but it violated constitutional conventions held by the provinces. In general, this decision meant that the provinces should have input into the amendment process but that the federal government had the authority to demand patriation of and changes to the constitution. After the Supreme Court ruling, Trudeau restarted the process of pursuing constitutional change. Nine of the ten provincial leaders eventually reached an agreement with Trudeau in November, 1981. Only Quebec premier René Lévesque opposed the final constitutional package.

Major Aspects of the Constitution

The legislation approved by the Canadian parliament that adopted the constitutional changes was called the Constitution Act, 1982. It included several important alterations in addition to patriating the constitution from the United Kingdom. The formal approval given by the British parliament is known as the Canada Act, and it includes the entire text of the Constitution Act. With this new legislation, the Constitution Act was added to the Canadian constitution, which, like its British counterpart, is not contained in any one document. The British North America Act of 1867 was renamed the Constitution Act, 1867, and was incorporated with some amendments into the new constitution. Indeed, the Constitution Act, 1982, included a schedule listing thirty other documents that were part of the Canadian constitution, from the Constitution Act, 1867, through the two Constitution Acts of 1975.

The Constitution Act, 1982, is divided into two primary parts. One provides an amendment process. It states that changes may occur in one of two ways. Some changes require the unanimous approval of the federal parliament and all of the provincial legislatures. Most amendments, however, need only the approval of the federal parliament and two-thirds of the provincial legislatures, so long as they represent at least 50 percent of the country’s population. If such an amendment limits the powers of the provincial governments, however, it will not take effect within a province whose legislature dissents from it.

The other primary part of the constitution is the Charter of Rights and Freedoms. This charter includes civil and political rights typically associated with Western democracies. Examples include freedom of religion, freedom of expression, freedom to assemble peacefully, freedom of the press, and the right to vote. The charter also includes language rights and mobility rights. Other noteworthy provisions of the constitution require a yearly first ministers’ conference, address aboriginal rights and gender equity, and state a commitment to reducing individual and regional economic inequality.

Impact

The Canada Act of 1982 severed the final, formal ties between the United Kingdom and Canada’s domestic politics. More important, it provided a formal process regarding the conduct of federal-provincial relations in Canada and outlined specific rights enjoyed by all Canadians. Despite this progress, Quebec’s failure to approve of the constitutional changes meant that its status within Canada remained volatile.

Subsequent Events

The Canadian government made later attempts to address Quebec’s concerns. The Meech Lake Accord was a proposal put forth in 1987 to amend the constitution to recognize Quebec as a “distinct society.” Not all of the provinces approved of the amendment. The greatest obstacle to its passage was the concern of aboriginal (or First Nations) peoples that they were not also recognized as having a distinct society. The Canadian government then pursued the Charlottetown Agreement in 1992, which addressed the First Nations as well as the Québécois. When submitted for approval in a national referendum, however, it was also rejected.

Bibliography

Bothwell, Robert. Canada and Quebec: One Country, Two Histories. Vancouver: University of British Columbia Press, 1995. Transcript of a joint presentation and discussion featuring top scholars on the history of Quebec’s relationship with the federal government in Canada.

Clarke, Harold D., et al. A Polity on the Edge: Canada and the Politics of Fragmentation. Peterborough, Ont.: Broadview Press, 2000. A comprehensive examination of contemporary divisive issues in Canada and their impact on the country’s politics.

McRoberts, Kenneth. Misconceiving Canada: The Struggle for National Unity. Toronto: Oxford University Press, 1997. Overview and analysis of the Canadian federal government’s efforts to reach a final agreement with Quebec to keep the province within the country.

Monahan, Patrick J. Constitutional Law. 3d ed. Toronto: Irwin Law, 2006. Comprehensive study of Canadian constitutional law and history. Includes the complete texts of both the Constitution Act, 1867, and the Constitution Act, 1982.

Riendeau, Roger. A Brief History of Canada. New York: Facts on File, 2000. Despite the title, a lengthy and detailed coverage of major issues in Canadian history. Particularly strong discussion of the federal government’s relationship with Quebec.

Russell, Peter H. Constitutional Odyssey: Can Canadians Become a Sovereign People? 3d ed. Buffalo, N.Y.: University of Toronto Press, 2004. Thorough discussion of the history of Canadian constitutionalism and sovereignty. Bibliographic references and index.

See, Scott W. The History of Canada. Westport, Conn.: Greenwood Press, 2001. Another work that explains the primary issues in Canadian history. Also includes a list and brief descriptions of noteworthy people in Canadian history.