Canada Act 1982
Act of Parliament | |
Long title |
|
---|---|
British North America Act 1867 | |
Status: Current legislation | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Canada Act 1982 (1982 c. 11; French: Loi de 1982 sur le Canada) is an
Annexed as Schedule B to the act is the text of the Constitution Act, 1982, in both of Canada's official languages (i.e. English and French). Because of the requirements of official bilingualism, the body of the Canada Act itself is also set out in French in Schedule A to the act, which is declared by s. 3 to have "the same authority in Canada as the English version thereof".[1]
History
Canada's modern political history as a union of previously separate provinces began with the
Despite this autonomy, the
However, with Canada's agreement at the time, under s. 7(1) of the Statute of Westminster, the British Parliament also retained the power to amend the key Canadian constitutional statutes, namely the British North America Acts.[5][6][7] In effect, an act of the British Parliament was required to make certain changes to the Canadian constitution.[8] Delay in the patriation of the Canadian constitution was due in large part to the lack of agreement concerning a method for amending the constitution that would be acceptable to all of the provinces, particularly Quebec.[9]
Enactment
The Canada Act 1982 was passed by the
There was little opposition from the British government to passing the act,
Through section 2 of the Canada Act 1982, the United Kingdom ended its involvement with further amendments to the Canadian constitution.[17] Amendments to the Constitution now must be made under the various amending formulas set out in Part V of the Constitution Act, 1982.
Proclamation
The Canada Act 1982 received
The monarch's constitutional powers and roles over Canada were not affected by the act.
See also
- Patriation
- Canadian sovereignty
- Australia Act 1986
- New Zealand Constitution Act 1986
References
- ^ Canada Act 1982, s. 3.
- ^ a b "Canada in the Making – Constitutional History". .canadiana.org. Archived from the original on February 9, 2010. Retrieved October 18, 2010.
- ^ "The Statute of Westminster, 1931, s.4". Efc.ca. Archived from the original on September 27, 2022. Retrieved October 18, 2010.
- ^ "British North America (No. 2) Act, 1949". Solon.org. Retrieved October 18, 2010.
- ^ a b c "Proclamation of the Constitution Act, 1982". Canada.ca. Government of Canada. May 5, 2014. Retrieved February 10, 2017.
- ^ "A statute worth 75 cheers". Globe and Mail. Toronto. March 17, 2009. Retrieved February 10, 2017.
- ^ Couture, Christa (January 1, 2017). "Canada is celebrating 150 years of… what, exactly?". CBC. Retrieved February 10, 2017.
... the Constitution Act itself cleaned up a bit of unfinished business from the Statute of Westminster in 1931, in which Britain granted each of the Dominions full legal autonomy if they chose to accept it. All but one Dominion — that would be us, Canada — chose to accept every resolution. Our leaders couldn't decide on how to amend the Constitution, so that power stayed with Britain until 1982.
- JSTOR 137699.
- ^ "Intellectuals for the Sovereignty of Quebec". Rocler.qc.ca. October 30, 1995. Archived from the original on October 21, 2010. Retrieved October 18, 2010.
- ^ "The Constitution—The Monarchist League of Canada". Monarchist.ca. Archived from the original on January 3, 2011. Retrieved October 18, 2010.
- ^ Re: Resolution to amend the Constitution, [1981] 1 SCR 753.
- ^ Library of Parliament Background Paper (Marc-André Roy and Laurence Brosseau; Publication No. 2018-17-E, 2015-05-07): "The Notwithstanding Clause of the Charter".
- ^ Siddiqui, Haroon (April 15, 2012). "Canada's cherished Charter could not have happened without "kitchen accord"". Toronto Star. Retrieved April 15, 2012.
- ^ "Canada Act Canada-United Kingdom [1982]". britannica.com. Retrieved August 17, 2019.
- ISBN 1-55013-576-7.
- ^ Frédéric Bastien. 2010. ―Britain, the Charter of Rights and the spirit of the 1982 Canadian Constitution.‖ Commonwealth & Comparative Politics 48 (3): 320–347.
- ^ Feasby, Colin (2006). "Constitutional Questions About Canada's New Political Finance Regime" (PDF). Osgoode Hall Law School York University. p. 18 Volume 48, Number 1. Archived from the original (PDF) on July 6, 2011. Retrieved October 18, 2010.
- ISBN 0-521-46423-4. Retrieved October 18, 2010.
- ISBN 978-90-5201-453-1. Retrieved October 18, 2010.
- ^ Trepanier, Peter. "Some Visual Aspects of the Monarchical Tradition" (PDF). www.revparl.ca. Archived from the original (PDF) on October 10, 2017.[verification needed]
Note
- ^ The act had the effect in the United Kingdom of ending Parliament's authority over Canada (see s.2); however the more substantive Schedule A and B (the Constitution Act, 1982 (Loi constitutionnelle de 1982) ) had effect only in Canada.