Canada Act 1982 instance of Public General Act of the Parliament of the United Kingdom
The Canada Act 1982 (1982 c. 11; French: Loi de 1982 sur le Canada) is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of Commons of Canada to patriate Canada's constitution, ending the power of the British Parliament to amend the constitution. The act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request.
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".Enactment
The Canada Act 1982 was passed by the Parliament of the United Kingdom in response to the request from the Canadian Senate and House of Commons to end Britain's authority and transfer the authority for amending the Constitution of Canada to the federal and provincial governments. After unpromising negotiations with the provincial governments, Prime Minister Pierre Trudeau announced that the federal government would unilaterally patriate the Constitution from Britain. Manitoba, Newfoundland and Quebec responded by posing references to the provincial courts of appeal, challenging the federal government's power to seek unilateral amendments from Britain. In September 1981, the Supreme Court of Canada ruled in the Patriation Reference that provincial consent was not legally necessary, but to do so without substantial consent would be contrary to a longstanding constitutional convention. Trudeau succeeded in convincing nine provinces out of ten to consent to patriation by agreeing to the addition of a Notwithstanding Clause to limit the application of the Canadian Charter of Rights and Freedoms as a result of discussions during a First Ministers' conference and other minor changes in November 1981.In the UK, 44 members of Parliament voted against the act, including 24 Conservative and 16 Labour MPs, citing concerns over Canada's past mistreatment of Quebec and Indigenous peoples (as recalled with frustration by Jean Chrétien in his memoirs Straight from the Heart); overall there was little opposition from the British government to passing the act. However, new research into documents of the Margaret Thatcher government indicate that Britain had serious concerns about the inclusion of the Canadian Charter of Rights and Freedoms within the Canada Act. Part of this concern stemmed from letters of protest the British received about it from provincial actors, but also because the Charter undermined the principle of parliamentary supremacy, which until that time had always been a core feature of every government practising the Westminster system.Through section 2 of the Canada Act 1982, the United Kingdom ended its involvement with further amendments to the Canadian constitution. Amendments to the Constitution now must be made under the various amending formulas set out in Part V of the Constitution Act, 1982.
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