Canada Act 1982 facts for kids
- Canada Act 1982
- Loi de 1982 sur le Canada
| Act of Parliament | |
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| Long title |
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|---|---|
| Citation | 1982 c. 11 |
| Territorial extent | Canada |
Quick facts for kids Dates |
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| Royal assent | 29 March 1982 |
| Commencement | 17 April 1982 |
| Other legislation | |
| Relates to | British North America Act 1867 |
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Status: Current legislation
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| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Canada Act 1982 is a special law passed by the Parliament of the United Kingdom in 1982. It is a very important part of the Constitution of Canada. This law was created because Canada's own Senate and House of Commons asked for it.
The main goal of the Canada Act was to bring Canada's constitution home. This process is called patriation. Before this act, the British Parliament still had the power to change Canada's constitution. The Canada Act ended this power. It also stopped the "request and consent" rule from the Statute of Westminster 1931. This rule meant Britain could pass laws for Canada if Canada asked them to.
Inside the Canada Act, there's another very important law called the Constitution Act, 1982. This part is included in both English and French, Canada's official languages. This made sure both versions were equally official in Canada.
Contents
How Canada's Constitution Grew
Canada's journey to becoming a fully independent country happened over many years. It started with the Constitution Act, 1867. This act officially created Canada as a Dominion within the British Empire. It joined provinces like Ontario, Quebec, Nova Scotia, and New Brunswick.
Canada adopted a government style similar to Britain's, called the Westminster System. This meant Canada had its own Parliament of Canada. A governor general acted as the British King or Queen's representative in Canada.
Steps Towards Independence
Even with its own government, the United Kingdom could still make laws for Canada. This meant Canada was still legally a self-governing British dominion. The Statute of Westminster 1931 was a big step. It limited Britain's power to make laws for Canada. Britain could only do so if Canada specifically asked for it. This made Canada much more independent.
Later, in 1949, the British Parliament passed another law. This law gave Canada's Parliament more power to change its own constitution. However, some key parts of Canada's constitution, like the original British North America Acts, still needed Britain's approval to be changed.
For a long time, Canada wanted to bring its constitution completely home. But there was a big problem: the provinces couldn't agree on how to change the constitution once it was fully Canadian. This disagreement, especially with Quebec, caused delays.
Making the Canada Act Happen
The Canada Act 1982 was passed by the British Parliament because Canada's Parliament asked them to. This request was to finally end Britain's power over Canada's constitution. It would transfer the power to change the constitution to Canada's federal and provincial governments.
Prime Minister Trudeau's Efforts
Canada's Prime Minister at the time, Pierre Trudeau, worked hard to bring the constitution home. After difficult talks with the provincial governments, he announced that the federal government would try to patriate the Constitution on its own.
Some provinces, like Manitoba, Newfoundland, and Quebec, challenged this idea in court. They questioned if the federal government could do this without their full agreement. In September 1981, the Supreme Court of Canada made a ruling. It said that provincial consent was not legally required. However, the court also said that it would go against a long-standing tradition to do it without significant provincial agreement.
Prime Minister Trudeau then worked to get more provinces to agree. He managed to convince nine out of ten provinces. This happened after discussions in November 1981. One key agreement was to add a Notwithstanding Clause. This clause allowed provinces to temporarily limit some parts of the Canadian Charter of Rights and Freedoms.
British Concerns and Support
In the UK, some members of Parliament voted against the act. They were worried about how Canada had treated Quebec and Indigenous peoples in the past. However, the British government generally supported passing the act.
New information shows that Britain was concerned about including the Canadian Charter of Rights and Freedoms in the Canada Act. This was partly because of protests from some Canadian provinces. Also, the Charter introduced new ideas about rights that were different from Britain's system of parliamentary supremacy.
With section 2 of the Canada Act 1982, the United Kingdom officially ended its role in changing Canada's constitution. Now, any changes to the Canadian Constitution must be made using special rules set out in the Constitution Act, 1982.
The Big Day: Proclamation
The Canada Act 1982 became law in London on March 29, 1982. But it didn't fully take effect until later. Canada's Constitution Act, 1982, was officially declared in force by Elizabeth II on April 17, 1982. This happened on Parliament Hill in Ottawa, Canada.
This special day marked the end of a long journey to bring the constitution home. It meant that the British Parliament no longer had any say in Canadian law. It also officially brought into force the important Canadian Charter of Rights and Freedoms.
The act did not change the powers or role of the monarch in Canada. Canada is a completely independent country. The King's role as monarch of Canada is separate from his role as the British monarch. Canada, like some other Commonwealth realms, still has the King as its head of state.
See also
- Patriation
- Canadian sovereignty
- Australia Act 1986
- New Zealand Constitution Act 1986
Note
