Canada Act 1982

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The Canada Act 1982 (English Canada Act 1982 , French Loi de 1982 sur le Canada ) is a law passed by the British Parliament , with which all remaining constitutional ties of Canada to the United Kingdom were separated. The Act contains the text of the 1982 Constitutional Act in English and French (the two official languages ​​of Canada) in Appendix B and the French translation of the main part in Appendix A. Thus, it is the first British law since the Middle Ages to be passed in French.

Until 1982, the British Parliament retained the right to amend the Constitutional Act of 1867 (which was effectively the Canadian Constitution).

prehistory

Canada's road to full independence began in 1867 with the British North America Act (now known as the Constitutional Act of 1867 ). This law created the modern state of Canada by merging the province of Canada (now Ontario and Québec ), Nova Scotia and New Brunswick into a Dominion (see also Canadian Confederation ). Canada was given a Westminster system of parliament and an autonomous government; a governor general represents the British monarch, who only exercises symbolic power.

However, the UK still had the right to legislate for Canada. The Westminster Statute removed legislative power from the British Parliament in Canada and the other Dominions ( Australia , New Zealand , South Africa and Newfoundland ), except on constitutional issues. The revised version of the British North America Act gave the Canadian Parliament significant constitutional powers, but certain changes still required the approval of the British Parliament.

The delay in making the Canadian constitution independent resulted in particular from the long-standing disagreement over a mechanism for constitutional amendments that would be accepted by all provinces (especially Québec ).

Enactment and proclamation

The Canada Act was the final request from Canadian law to amend the Constitution. After unsuccessful negotiations with the provincial governments, Prime Minister Pierre Trudeau placed his hopes on unilateral implementation by the federal parliament . But the Supreme Court ruled that under customary law, substantial provincial approval was required. Trudeau was able to convince nine out of ten provinces by adding a non-application clause, which restricts the application of the Charter of Rights and Freedoms .

There was little opposition to the law in the UK Parliament, aside from concerns of some MPs protesting the Canadian federal government's previous ill treatment of Québec and the indigenous people. The Canada Act came into force on March 29, 1982 on the British side.

Three weeks later, on April 17, Elizabeth II, in her capacity as Queen of Canada , was visiting the Canadian capital, Ottawa, and signed the Canadian counterpart to the Canada Act, the 1982 Constitutional Act.

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