Canada Act

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Canada Act,

also called the Constitutional Act of 1982, which made Canada a fully sovereign state. The British Parliament approved it on Mar. 25, 1982, and Queen Elizabeth II proclaimed it on Apr. 17, 1982. When Quebec residents voted (May, 1980) in a referendum not to seek sovereignty, Prime Minister Trudeau moved to create an amended constitution. The final document, agreed upon in Nov., 1981, by the federal government and every province except Quebec, combines the British North America ActBritish North America Act,
law passed by the British Parliament in 1867 that provided for the unification of the Canadian provinces into the dominion of Canada. Until 1982 the act also functioned as the constitution of Canada.
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 of 1867, subsequent amendments to that act by the British Parliament, and new material resulting from 18 months of intense negotiations between federal and provincial powers. It contains a Charter of Rights and Freedoms, which guarantees 34 rights including religious freedom, minority language education, and cultural tolerance. The Charter contains a clause which allows many rights to be overridden in federal or provinical legislatures by a "notwithstanding clause." Other parts of the Act recognize native treaty rights, increase the power provinces have over their natural resources, and provide an amendment formula, which requires approval of two-thirds (seven) of the provinces and 50% of the country's population. Quebec's attempts to oppose the Canada Act ended in Dec., 1982, when its claim to constitutional veto was rejected by the Supreme Court of Canada. Negotiations with Quebec continued with the Meech Lake AccordMeech Lake Accord,
set of constitutional reforms designed to induce Quebec to accept the Canada Act. The Accord's five basic points, proposed by Quebec Premier Robert Bourassa, include a guarantee of Quebec's special status as a "distinct society" and a commitment to Canada's
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, which failed in 1990, and with subsequent federal initiatives.
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References in periodicals archive ?
Over three decades ago, the Canada Act 1982 (4) and its Schedule B, the English and French versions of the Constitution Act, 1982 (CA 1982), (5) transferred full and exclusive constituent competency to Canada.
When the final deal was sent to London for enactment as the Canada Act 1982, Quebec had still not provided its consent.
Yet, the Constitution Act, 1982 owes its very existence to an Act of the British Parliament, namely the Canada Act 1982, numbered as Chapter 11 of the 1982 United Kingdom statutes of the U.K.
(27) Canada Act 1982 (UK), 1982, c 11 s 2; Constitution Act, 1982, s 53 (item 17), being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Constitution Act 1982]; Australia Act 1986 (UK), 1986, c 2, s 1 and s 12; Australia Act 1986 (Cth), s 1 and s 12; Constitution Act 1986 (NZ), ss 15(2) and 26.
There are some who have tried to argue that, since the enactment of the Canada Act 1982, no law of the United Kingdom Parliament can extend to Canada as part of its law and that, therefore, the United Kingdom Succession to the Throne Bill cannot apply to Canada and our Canadian bill has no effect.
(Oxford: Oxford University Press, Inc., 2007) at 478; Constitution Act, 1982, s.35(2), being Schedule B to the Canada Act 1982 (U.K.), 1982, c.
The Charter is contained within the Constitution Act 1982, being Schedule B to the Canada Act 1982 (UK) c 11, and can be amended via extraordinary procedures.
The culmination of this political turnaround is found in the constitutional entrenchment of Aboriginal rights in the Canada Act 1982,(154) essentially a redrafting of the Canadian Constitution.
This distinction between the Crown in right of the United Kingdom and the Crown in right of Canada crystallized with the evolution of Canada towards the status of an independent state, which began with the Balfour Report in 1926 and the Statute of Westminster, 1931, and culminated with the Canada Act 1982. (14)