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Encyclopedia > Patriation
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Patriation is a legal term particularly used in Canada, to describe a process of constitutional change also known as "bringing home" the constitution. The term is based upon the word repatriation, since critics of the use of the word "repatriation" pointed out that the constitution could not "return" to Canada, as it was not formulated in Canada in the first place. Thus the term "patriation" was coined as a word meaning "to make something part of one's own nation." Wikipedia does not have an article with this exact name. ... Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 150 languages. ... Repatriation (from late Latin repatriare - to restore someone to his homeland) is a term used to describe the process of return of refugees or soldiers to their homes, most notably following a war. ...


Canada, as a former British colony, was until 1982 governed by a constitution that was a British law and could be changed only by an Act of the British Parliament. Patriation thus specifically refers to making the constitution amendable by Canada only, with no role for the Parliament of the United Kingdom to play in the amending process. Hence, patriation is associated with the adoption of the Canadian amending formula, and the corresponding acquisition of sovereignty. The British Empire in 1897, marked in pink, the traditional colour for Imperial British dominions on maps. ... The law of the United Kingdom consists of several independent legal systems which use common law principles, civil law principles, or both. ... Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. ... “Sovereign” redirects here. ...

Contents

Early attempts

From 1867, the Constitution of Canada was primarily contained in the British North America Act, 1867 and other British North America Acts, which were passed by the British Parliament in Westminster. The constitution could be changed only by an Act of the British Parliament. Several Canadian Prime Ministers, starting with William Lyon Mackenzie King in 1927, had made attempts to domesticize the amendment formula, but could not obtain agreement with the provincial governments as to how a new amending formula would work. Thus, even after the Statute of Westminster had granted Canada and other Commonwealth nations some independence in 1931, Canada requested that the British North America Act, 1867 be excluded from the laws that were now within Canada's complete control to amend. Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Constitution of Canada is the supreme law in Canada. ... The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), constitutes a major part of Canadas Constitution. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The British North America Acts 1867–1975 are a series of Acts of the Parliament of the United Kingdom dealing with the government of Canada, which was known as British North America until 1867. ... 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). ... Westminster is a district within the City of Westminster in London. ... The Prime Minister of Canada, the head of the Canadian government, is usually the leader of the political party with the most seats in the Canadian House of Commons. ... Not to be confused with William Lyon Mackenzie, Mackenzie Kings grandfather. ... Regions Political culture Foreign relations Other countriesAtlas  Politics Portal      Canada is a federation which consists of ten provinces that, with three territories, make up the worlds second largest country in total area. ... ...


This, however, did not stop continued negotiations between federal and provincial levels of government in Canada to develop a new amending formula in which the United Kingdom would have no part. In the 1960s, efforts by the governments of Prime Ministers John Diefenbaker and Lester Pearson culminated in the Fulton-Favreau formula, but without Quebec's endorsement, the patriation attempt failed. John George Diefenbaker, CH, PC, QC, BA, MA, LL.B, LL.D, DCL, FRSC, FRSA, D.Litt, DSL, (18 September 1895 – 16 August 1979) was the 13th Prime Minister of Canada (1957 – 1963). ... The Right Honourable Lester Bowles Mike Pearson (April 23, 1897 - December 27, 1972) was the fourteenth Prime Minister of Canada from April 22, 1963, to April 20, 1968, and also a 1957 Nobel Laureate. ... The Fulton-Favreau formula was a proposal for an amending formula to the constitution of Canada developed by federal justice minister E. Davie Fulton and Quebec Liberal Guy Favreau in the 1960s. ... , Motto: Je me souviens (French: I remember) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Pierre Duchesne - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area  Ranked 2nd - Total 1,542,056 km² (595...


In 1968, Pearson was succeeded by Pierre Trudeau, who also advocated patriation. He made several attempts, including with the Victoria Charter in 1971 and more proposed amendments in 1978. For other uses, see Pierre Elliott Trudeau (disambiguation). ... The Victoria Charter was a set of proposed amendments to the Constitution of Canada in 1971. ...


Patriation achieved

Pierre Trudeau (L) and Jean Chrétien (R) at one session of the 1981 Constitutional talks.
Pierre Trudeau (L) and Jean Chrétien (R) at one session of the 1981 Constitutional talks.

Patriation was given a new impetus after the 1980 Quebec referendum, in which Trudeau promised a new constitutional agreement if the province voted "No" to sovereignty-association. Trudeau found new allies in Premiers Bill Davis (Ontario) and Richard Hatfield (New Brunswick). However, there was disagreement over Trudeau's proposed Charter of Rights, which the other eight provinces opposed as encroachments on their power. Image File history File links Chretientrudeau. ... Image File history File links Chretientrudeau. ... For other uses, see Pierre Elliott Trudeau (disambiguation). ... Joseph Jacques Jean Chrétien, usually known as Jean Chrétien, PC, QC, BA, BCL, LLD (h. ... The 1980 Quebec referendum was the first referendum in Quebec on the role of Quebec within Canada and whether Quebec should pursue a path toward sovereignty. ... For the actor, professor, and waterskiier, see William B. Davis The Honourable William (Bill) Grenville Davis, PC , CC , O.Ont. ... Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Capital Toronto Largest city Toronto Official languages English Government - Lieutenant-Governor James K. Bartleman - Premier Dalton McGuinty (Liberal) Federal representation in Canadian Parliament - House seats 106 - Senate seats 24 Confederation July 1, 1867 (1st) Area [1] Ranked... Richard Bennett Hatfield, PC , ONB, BA , LL.B (April 9, 1931 – April 26, 1991) was a New Brunswick politician and long time Premier of the province (1970-1987). ... Motto: Spem reduxit (Hope restored) Capital Fredericton Largest city Saint John Official languages English, French (the only constitutionally bilingual province in the country) Government - Lieutenant-Governor Herménégilde Chiasson - Premier Shawn Graham (Liberal) Federal representation in Canadian Parliament - House seats 10 - Senate seats 10 Confederation July 1, 1867 (1st... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ...


Soon the other eight premiers came to an agreement, and submitted their own plan for a constitution, without a Charter of Rights; and with an "opt out" clause for federal programs with equivalent funding given to the province(s). They would be dubbed the "Gang of Eight" by the media. Surprisingly included among them was René Lévesque, because it meant Lévesque was refusing the traditional Quebec demand for a veto power over future constitutional amendments. Lévesque was not trusted by many in the group until he signed the document, and many of the "Gang's" later problems would be attributed to the fact that Lévesque thought the agreement was a final one when he signed it, not a starting point for negotiations as the other premiers understood it. The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... René Lévesque (pronounced ) (August 24, 1922 – November 1, 1987) was a reporter, a minister of the government of Quebec, Canada, (1960 – 1966), the founder of the Parti Québécois political party, and 23rd Premier of Quebec (November 25, 1976 – October 3, 1985). ...


Trudeau rejected the proposed document out of hand, and then threatened to take the case for patriation straight to the U.K. Parliament, "…[without] bothering to ask one premier." The "Gang" soon appealed to the Supreme Court of Canada. Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ...


The Patriation Reference

Main article: Patriation Reference

The court ruled (for the first time, on live television) that the federal government had the right, by letter of the law, to proceed with the unilateral patriation of the Constitution (The decision was 7 to 2 in favour). However, saying that the Constitution was made up as much of convention as written law, it was preferable if it could first work out an agreement with a "substantial" number of premiers (This decision was 6 to 3 in favour). This number was left undefined, Trudeau himself decided it meant 5 to 9 premiers. 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...


The decision was controversial, and a loss for the "Gang." Lévesque would later remark, "In other words, Trudeau's goals might be unconstitutional, illegitimate, and even 'go against the principles of federalism,' but they were legal!"


The Conference

The decision set the stage for a meeting amongst all premiers and Trudeau in Ottawa, in November 1981. After two days of meetings came to a stalemate, Trudeau pitched an idea to Quebec Premier Rene Levesque: that they patriate the Constitution as it was but continue debates for two years and maybe even have a national referendum on certain issues. René Lévesque, feeling threatened that he would be cast as "undemocratic" (especially after his recent referendum) agreed with Trudeau on the issue. Their respective memoirs have very different stories on the conversation - but both books agree on one thing. Both books agree that both men agreed to such a referendum, and both agree that Trudeau was, in effect, lying to Levesque - though Trudeau is not quite so straightforward in saying it as Rene. This article is about the capital city of Canada. ... Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... The 1980 Quebec referendum was the first referendum in Quebec on the role of Quebec within Canada and whether Quebec should pursue a path toward sovereignty. ...


The other 7 opposition premiers were startled: Canadians nationwide were mostly in agreement with Trudeau on the issue, and were tired of the constant constitutional talks. A referendum would surely give him what he wanted with the backing of the people, undermining provincial powers. Even though Lévesque would later back off of the referendum proposal, saying it looked as though it was "written in Chinese," Trudeau had succeeded in breaking up the Gang of Eight. Lévesque went to sleep in Hull, Quebec for the night, telling the other premiers to call him if anything happened. Hull, Québec, as seen from Ottawa Hull is part of the city of Gatineau, Quebec, Canada. ...


The Kitchen Accord

That night, November 4, 1981, Attorney-General Jean Chrétien negotiated with the Attorneys-General of Saskatchewan (Roy Romanow) and Ontario (Roy McMurtry). The premiers agreed to get rid of the "opt out" clause, while Chrétien reluctantly offered the Notwithstanding Clause on the Constitution. Lévesque was not called. Hatfield and Davis agreed to the compromise and told Trudeau that he should take the deal. Trudeau accepted what would be called the "Kitchen Accord" because of the negotiations in a kitchen. is the 308th day of the year (309th in leap years) in the Gregorian calendar. ... Year 1981 (MCMLXXXI) was a common year starting on Thursday (link displays the 1981 Gregorian calendar). ... The Minister of Justice (French: Ministre de la Justice) of Canada is the minister in the Cabinet of Canada who is responsible for the Department of Justice and is also Attorney General of Canada. ... Joseph Jacques Jean Chrétien, usually known as Jean Chrétien, PC, QC, BA, BCL, LLD (h. ... Motto: Multis E Gentibus Vires (Latin: The Strength of Many Peoples) Capital Regina Largest city Saskatoon Official languages English Government - Lieutenant-Governor Gordon Barnhart - Premier Lorne Calvert (NDP) Federal representation in Canadian Parliament - House seats 14 - Senate seats 6 Confederation September 1, 1905 (Split from NWT) (9th (province)) Area  Ranked... Roy John Romanow, PC , OC , SOM , QC , LL.B , DU, (born August 12, 1939 in Saskatoon, Saskatchewan) is a Canadian politician and former Premier of Saskatchewan (1991–2001). ... Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Capital Toronto Largest city Toronto Official languages English Government - Lieutenant-Governor James K. Bartleman - Premier Dalton McGuinty (Liberal) Federal representation in Canadian Parliament - House seats 106 - Senate seats 24 Confederation July 1, 1867 (1st) Area [1] Ranked... Roy McMurtry (right) accompanied by his wife, daughter, and a sample of his art work Roland Roy McMurtry (born May 31, 1932) is a judge and former politician in Ontario, Canada. ... Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ... A kitchen is a room used for food preparation and sometimes entertainment. ...


The next morning, Lévesque walked into the premiers’ breakfast and was told a deal had been made. Lévesque refused to agree to the deal and left the meeting. Quebec announced on November 25, 1981, that it would veto the deal. However, the Supreme Court issued a ruling on December 6, 1982, stating that Quebec had never held such veto powers. Until the Quebec Liberals came to power in 1985, every law passed in Quebec used the "Notwithstanding Clause." is the 329th day of the year (330th in leap years) in the Gregorian calendar. ... Year 1981 (MCMLXXXI) was a common year starting on Thursday (link displays the 1981 Gregorian calendar). ... Quebec Veto Reference (Reference re Amendment to the Canadian Constitution) [1982] 2 S.C.R. 793 is a leading Supreme Court of Canadas decision on whether the province of Quebec has veto power in the patriation of the Constitution of Canada. ... December 6 is the 340th day of the year (341st in leap years) in the Gregorian calendar. ... Year 1982 (MCMLXXXII) was a common year starting on Friday (link displays the 1982 Gregorian calendar). ... The Parti libéral du Québec (Liberal Party of Quebec), or PLQ, is a liberal political party in the Canadian province of Quebec. ...


The events were very divisive in Canada. Many Québécois saw the deal as the English-speaking premiers stabbing Quebec in the back, which would prompt many Quebec nationalists to call it the "Night of the Long Knives."[1] Many in English Canada saw Lévesque as trying to do the same to the English-speaking premiers by accepting the referendum. Among those was Brian Mulroney, who said that "[b]y accepting Mr. Trudeau's referendum idea, Mr. Levesque himself abandoned, without notice, his colleagues of the common front." Jean Chrétien's role in the negotiations made him almost universally reviled among sovereignists. This article or section cites its sources but does not provide page references. ... Quebec nationalism is the subject of many international studies together with the contemporary nationalism of Scotland, Catalonia and other non-sovereign regions of the world. ... Martin Brian Mulroney (born March 20, 1939), was the eighteenth Prime Minister of Canada from September 17, 1984, to June 25, 1993 and was leader of the Progressive Conservative Party of Canada from 1983 to 1993. ... The Quebec sovereignty movement (French: Mouvement souverainiste du Québec) is a political movement aimed at attaining independent statehood (sovereignty) for the Canadian province of Quebec. ...


With this agreement, the Canada Act 1982 was therefore approved by the governments of the United Kingdom, Canada, and all provinces save Quebec. The Canada Act contained the Constitution Act 1982, which included an amending formula involving only Canadian governments. Section 2 of the Canada Act, meanwhile, plainly states that no UK law "shall extend to Canada as part of its law." Wikisource has original text related to this article: Canada Act 1982 The Canada Act 1982 (1982 c. ... // Overview The Constitution Act, 1982 is Schedule B to the Canada Act 1982. ...


Elizabeth II, the Queen of Canada, who proclaimed the patriated constitution in Ottawa in 1982, was aware of the rift Quebec's exclusion had caused. Thus, being aware that this was the first time in Canadian history that a major constitutional change had been made without the Quebec government's agreement, the Queen demonstrated her position as head of the whole Canadian nation, and her role as conciliator, by privately expressing to journalists her regret that Quebec was not part of the settlement.[2] This article is about the monarchy of Canada, one of sixteen that share a common monarch; for information about this constitutional relationship, see Commonwealth realm; for information on the reigning monarch, see Elizabeth II. For information about other Commonwealth realm monarchies, as well as other relevant articles, see Commonwealth realm...


Legal questions

As constitutional scholar Peter Hogg has noted, some might think that, since the Canada Act 1982 is British as well as Canadian law, the UK could theoretically repeal it and declare its laws to be binding in Canada. Hogg, however, disputes this view, noting that since Canada is now sovereign, the Supreme Court of Canada would find a British law supposedly binding in Canada to be just as invalid in Canada "as a law enacted for Canada by Portugal."[3] Peter Wardell Hogg, C.C., Q.C., Ph. ... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ...


References

  1. ^ Pierre Trudeau, in his essay on the Quebec Referendum, regarding the curious and distasteful use of this description, remarked: "The 'Night' in question is of course that of the so-called "Long Knives," a label shamelessly borrowed from Nazi history by separatists suffering from acute paranoia." Originally published in the Montreal Gazette, Feb 3, 1996.
  2. ^ The Canadian Royal Heritage Trust: Elizabeth II, Queen of Canada
  3. ^ Hogg, Peter W. Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003.

  Results from FactBites:
 
The Patriation of the Constitution (1082 words)
Between 1960 and 1978, numerous negotiations were held between the provinces and the federal government to patriate The British North America Act and include an amending formula.
During the night of November 4-5, which would later be referred to as "the night of the long knives," the federal government reached an agreement with the Anglophone provinces, whereas Quebec was excluded from the negotiations.
In 1982, it was renamed the Constitution Act of 1867, as part of the movement toward the "patriation" of the Constitution.
Highbeam Encyclopedia - Search Results for Patriation (912 words)
the country, as happened with the 1982 patriation of the constitution, as the document...
Although the concept of patriation was not politically controversial, Trudeau...
during the negotiations that led to the patriation of the constitution in 1982.
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