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Encyclopedia > Canada Act 1982
Wikisource has original text related to this article:
Canada Act 1982
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The Canada Act 1982 (1982 c. 11) is an Act of Parliament passed by the British Parliament that severed all remaining constitutional and legislative ties between the United Kingdom and Canada, in a process referred to as "patriation". It contains the text of the Constitution Act, 1982, in both of Canada's official languages, in Schedule B, and a translation of the main body into French in Schedule A, making it the first British Act of Parliament, since mediaeval times, to be in both English and French. Image File history File links Wikisource-logo. ... The original Wikisource logo. ... This is a list of Acts of Parliament of the English Parliament during that bodys existence prior to the Act of Union of 1707. ... This is a list of Acts of Parliament of the English Parliament during that bodys existence prior to the Act of Union of 1707. ... This is a list of Acts of Parliament of the English Parliament during that bodys existence prior to the Act of Union of 1707. ... This is a list of Acts of Parliament of the English Parliament during that bodys existence prior to the Act of Union of 1707. ... This is a list of Acts of Parliament of the Scottish Parliament. ... This is an incomplete list of Acts of the Parliament of Ireland for the years up to its dissolution in 1800. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1707-1719. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1720-1739. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1740-1759. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1760-1779. ... This is an incomplete list of Acts of the Parliament of Great Britain for the years 1780-1799. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1800-1819. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1820-1839. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1840-1859. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1860-1879. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1880-1899. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1900-1919. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1920-1939. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1940-1959. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1960-1979. ... This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1980-1999. ... This is an list of Acts of the Parliament of the United Kingdom for the years 2000 to the present. ... This is a list of Acts of the Scottish Parliament. ... This is a list of Acts passed by the Parliament of Northern Ireland. ... This is a list of Acts of the Northern Ireland Assembly passed by that body during its existence between 2000 and 2002 when it was suspended. ... The is a list of Orders in Council for Northern Ireland which are primary legislation for the province when the it is being directly ruled from London and also for those powers not devolved to the Northern Ireland Assembly. ... Statutory Instruments (SIs) are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. ... The is a list of Church of England Measures which are church legislation Church of England. ... In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... Patriation is a legal term particularly used in Canada, to describe a process of constitutional change also known as bringing home the constitution. ... The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (U.K.)) is a part of the Constitution of Canada. ... The English language is a West Germanic language that originates in England. ...

Contents

History

Canada's road to political self government began with the British North America Act, 1867 (now called in Canada the "Constitution Act, 1867," although it is still often referred to by its British name, or simply the "BNA Act"). 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. The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), comprises a major part of Canadas constitution. ... Note: for information about Canadas present-day provinces, see Provinces and territories of Canada. ... Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Official languages English (French has some legal status but is not fully co-official) Flower White Trillium Tree Eastern White Pine Bird Common Loon Capital Toronto Largest city Toronto Lieutenant-Governor James K. Bartleman Premier Dalton McGuinty... Motto: Je me souviens (French: I remember) Official languages French Flower Blue Flag Iris (Iris versicolor Linné) Tree Yellow Birch Bird Snowy Owl Capital Quebec City Largest city Montreal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation  - House seat  - Senate seats 75 24 Area Total  - Land  - Water  (% of... Motto: Munit Haec et Altera Vincit (Latin: One defends and the other conquers) Official languages None (English,French,Gaelic) Flower Trailing arbutus Tree Red Spruce Bird Osprey Capital Halifax Largest city Halifax Lieutenant-Governor Mayann E. Francis Premier Rodney MacDonald (PC) Parliamentary representation  - House seat  - Senate seats 11 10 Area... Motto: Spem reduxit (Hope restored) Official languages English, French Flower Purple Violet Tree Balsam Fir Bird Black-capped Chickadee Capital Fredericton Largest city Saint John Lieutenant-Governor Herménégilde Chiasson Premier Shawn Graham (Liberal) Parliamentary representation  - House seat  - Senate seats 10 10 Area Total  - Land  - Water  (% of total)  Ranked... A dominion, often Dominion, is the territory or the authority of a dominus (a lord or master). ... The British Empire in 1897, marked in pink, the traditional colour for Imperial British dominions on maps. ... The Westminster system is a democratic system of government modelled after that of the United Kingdom system, as used in the Palace of Westminster, the location of the Parliament of the United Kingdom. ... A Governor-General (in Canada, Governor General) is most generally a governor of high rank, or a principal governor ranking above ordinary governors [1]. The most common contemporary usage of the term is to refer to the royally-appointed territorial governor of a region, or royal representative in a country... Look up monarch in Wiktionary, the free dictionary. ...


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, Union of South Africa, and Newfoundland), save where the Dominion consented to Imperial legislation. Also, the British North America (No. 2) Act 1949 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. The Statute of Westminster 1931 was the enactment of the United Kingdom Parliament (December 11, 1931) which established a status of legislative equality between the self-governing dominions of the British Empire and the United Kingdom. ... A dominion, often Dominion, is the territory or the authority of a dominus (a lord or master). ... The Irish Free State (Irish: Saorstát Éireann) (1922–1937) was the name of the state comprising the 26 of Irelands 32 counties that were separated from the United Kingdom of Great Britain and Ireland under the Irish Free State Agreement (or Anglo-Irish Treaty) signed by British and... National motto: Ex Unitate Vires (Latin: From Unity, strength} Official languages Afrikaans, Dutch and English. ... Motto: Quaerite Prime Regnum Dei (Latin: Seek ye first the kingdom of God) Official languages English and French Flower Purple pitcher plant (Sarracenia purpurea) Capital St. ... The British North America Act 1949 (No. ... The Parliament of Canada (French: Parlement du Canada) is Canadas legislative branch, seated at Parliament Hill in Ottawa, Ontario. ...


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

Queen Elizabeth II signs the Canada Act into law in Ottawa on April 17, 1982
Queen Elizabeth II signs the Canada Act into law in Ottawa on April 17, 1982

The Canada Act was the last request of the Canadian government to amend the country's constitution. After unpromising negotiations with the provincial governments, Pierre Trudeau eventually came to hope that the federal Parliament could unilaterally patriate 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. Image File history File linksMetadata Ouellet_approaches_to_sign_the_Constitution. ... Image File history File linksMetadata Ouellet_approaches_to_sign_the_Constitution. ... Elizabeth II (Elizabeth Alexandra Mary Windsor; born 21 April 1926) is Queen of 16 sovereign states, collectively known as the Commonwealth Realms. ... April 17 is the 107th day of the year in the Gregorian calendar (108th in leap years). ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ... Trudeau redirects here. ... The Supreme Court Building in Ottawa The Supreme Court of Canada (French: Cour suprême du Canada) is highest court of Canada and is the final court of appeal for all litigants in the Canadian justice system. ... Reference re a Resolution to amend the Constitution, [1981] 1 S.C.R. 753 – also known as the Patriation Reference – is a leading opinion of the Supreme Court of Canada where the Court affirmed the existence of an unwritten dimension to the Constitution and held that constitutional convention did not... Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ...


Aside from some objections from British MPs who protested Canada's past mistreatment of Quebec and Aboriginal peoples (as recalled with frustration by Jean Chrétien in his memoirs Straight from the Heart), 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 in further amendments to the Canadian constitution. Jean Chrétien (born January 11, 1934), was the twentieth Prime Minister Of Canadal, serving from November 4, 1892 to December 12, 2003. ...


The Canada Act 1982 was signed into law by Elizabeth II as 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. Canada is a constitutional monarchy and a Commonwealth Realm with Queen Elizabeth II as its reigning monarch and head of state. ... April 17 is the 107th day of the year in the Gregorian calendar (108th in leap years). ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ... Centre Block, Parliament Hill, Ottawa, Canada Parliament Hill, (French Colline du Parlement), -The Hill for locals- is a scenic location on the banks of the Ottawa River in downtown Ottawa, Canada. ... Motto: Advance Ottawa/Ottawa en avant Coordinates: Country Canada Province Ontario County Established 1850 as Bytown City Mayor Bob Chiarelli Governing body Ottawa City Council MPs / MPPs Members of Parliament (MPs) Mauril Bélanger (LPC), Paul Dewar (NDP), John Baird (CPC), Royal Galipeau (CPC), David McGuinty (LPC),Pierre Lemieux (CPC... Queen Elizabeth II, is the Head of State of 16 countries including: the United Kingdom, Canada, Australia, Jamaica, New Zealand and the Bahamas, as well as crown colonies and overseas territories of the United Kingdom. ... Sovereignty is the exclusive right to exercise supreme political (e. ...


Proclamation by the Queen of Canada

Wikisource has original text related to this article:

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. Image File history File links Wikisource-logo. ... The original Wikisource logo. ... The granting of Royal Assent is the formal method by which the Sovereign of the United Kingdom, or the Sovereigns representative in Commonwealth Realms, completes the process of the enactment of legislation by formally assenting to an Act of Parliament. ... March 29 is the 88th day of the year in the Gregorian Calendar (89th in Leap years). ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government granting an office, a right, monopoly, title, or status to someone or some entity such as... Statutory Instruments (SIs) are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. ...


See also

Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra The Australia Act 1986 (No. ...

External links


  Constitution of Canada  v·d·e 
Constitution Act, 1867
Division of powers | Peace, order and good government | Criminal law power | Trade and Commerce clause | Works and Undertakings | Property and civil rights | Disallowance and reservation

Canada Act 1982
Constitution Act, 1982
Canadian Charter of Rights and Freedoms | Aboriginal Rights clause | Amending formula

List of Canadian constitutional documents

History of the Constitution
Royal Proclamation of 1763 | Quebec Act | Constitutional Act of 1791 | Act of Union 1840 | British North America Acts | Statute of Westminster 1931
Constitutional debate
Fulton-Favreau formula | Victoria Charter | Meech Lake Accord | Charlottetown Accord | Calgary Declaration | Other unsuccessful amendments
Interpretation of the Constitution
Pith and substance | Double aspect | Paramountcy | Living tree | Implied Bill of Rights | Dialogue principle | Interjurisdictional immunity

  Results from FactBites:
 
The Constitution (188 words)
Canada is a constitutional monarchy and a Commonwealth Realm with a federal system of parliamentary government and strong democratic traditions.
It is an amalgam of codified acts and uncodified traditions and conventions.
The composition of the Constitution of Canada is defined in section 52(2) of the Constitution Act, 1982 as consisting of the Canada Act 1982 (including the Constitution Act, 1982), all acts and orders referred to in the schedule (including the Constitution Act, 1867), and any amendments to these documents.
  More results at FactBites »

 
 

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