Constitution Act, 1982 in the context of Métis in the United States


Constitution Act, 1982 in the context of Métis in the United States

⭐ Core Definition: Constitution Act, 1982

The Constitution Act, 1982 (French: Loi constitutionnelle de 1982) is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867. In addition to patriating the Constitution, the Constitution Act, 1982 enacted the Canadian Charter of Rights and Freedoms; guaranteed rights of the Aboriginal peoples of Canada; entrenched provincial jurisdiction over natural resources; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future.

This process was necessary because, after the Statute of Westminster, 1931, Canada allowed the British Parliament to retain the power to amend Canada's constitution, until Canadian governments could agree on an all-in-Canada amending formula. In 1981, following substantial agreement on a new amending formula, the Parliament of Canada requested that the Parliament of the United Kingdom give up its power to amend the Constitution of Canada. The enactment of the Canada Act 1982 by the British Parliament in March 1982 confirmed the Patriation of the Constitution and transferred to Canada the power of amending its own Constitution.

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Constitution Act, 1982 in the context of British North America Acts

The British North America Acts, 1867–1975, are a series of acts of Parliament that were at the core of the Constitution of Canada. Most were enacted by the Parliament of the United Kingdom and some by the Parliament of Canada. Some of the acts were repealed in Canada by the Constitution Act, 1982. The rest were renamed the Constitution Acts and amended, with those changes having effect only in Canada. The Canadian versions of the Constitution Acts are part of the Constitution of Canada, and can be amended only in Canada.

The British versions of the acts which remain in force in Britain are ordinary British statutes. They can be amended by the British Parliament, but those amendments would not have any effect in Canada. They retain their original names and do not include any amendments made after 1964.

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Constitution Act, 1982 in the context of Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.

The Charter was preceded by the Canadian Bill of Rights, enacted in 1960, which was a federal statute rather than a constitutional document. The Bill of Rights exemplified an international trend towards formalizing human rights protections following the United Nations' Universal Declaration of Human Rights, instigated by the country's movement for human rights and freedoms that emerged after World War II. As a federal statute, the Bill of Rights could be amended through the ordinary legislative process and had no application to provincial laws. The Supreme Court of Canada also narrowly interpreted the Bill of Rights, showing reluctance to declare laws inoperative. Between 1960 and 1982, only five of the thirty-five cases concerning the Bill of Rights that were heard by the Supreme Court of Canada resulted in a successful outcome for claimants. The relative ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada. The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the government of Prime Minister Pierre Trudeau.

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Constitution Act, 1982 in the context of Canada Act 1982

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".

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Constitution Act, 1982 in the context of Inuit

Inuit (singular: Inuk) are a group of culturally and historically similar Indigenous peoples traditionally inhabiting the Arctic and Subarctic regions of North America and Russia, including Greenland, Labrador, Quebec, Nunavut, the Northwest Territories, Yukon (traditionally), Alaska, and the Chukotsky District of Chukotka Autonomous Okrug. The Inuit languages are part of the Eskaleut languages, also known as Inuit-Yupik-Unangan, and also as Eskimo–Aleut.

Canadian Inuit live throughout most of Northern Canada in the territory of Nunavut, Nunavik in the northern third of Quebec, the Nunatsiavut in Labrador, and in various parts of the Northwest Territories and Yukon (traditionally), particularly around the Arctic Ocean, in the Inuvialuit Settlement Region. These areas are known, by Inuit Tapiriit Kanatami and the Government of Canada, as Inuit Nunangat. In Canada, sections 25 and 35 of the Constitution Act of 1982 classify Inuit as a distinctive group of Aboriginal Canadians who are not included under either the First Nations or the Métis.

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Constitution Act, 1982 in the context of Canadian legal system

The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous law systems developed by the various Indigenous Nations.

The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The Constitution Act, 1867 (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the Constitution Act, 1982 ended all legislative ties to Britain, as well as adding a constitutional amending formula and the Canadian Charter of Rights and Freedoms. The Charter guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding clause allows Parliament and the provincial legislatures to override certain sections of the Charter for a period of five years.

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Constitution Act, 1982 in the context of Patriation

Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because, at the time, under the Statute of Westminster, 1931, and with Canada's agreement, the British Parliament retained the power to amend Canada's British North America Acts and to enact, more generally, for Canada at the request and with the consent of the Dominion. That authority was removed from the UK by the enactment of the Canada Act, 1982, on March 29, 1982, by the Parliament of the United Kingdom, as requested by the Parliament of Canada.

A proclamation bringing the Constitution Act, 1982, into effect was signed by Elizabeth II, as Queen of Canada, Prime Minister Pierre Trudeau, and Minister of Justice Jean Chrétien on April 17, 1982, on Parliament Hill in Ottawa. The patriation process saw the provinces granted influence in constitutional matters and resulted in the constitution being amendable by Canada only and according to its amending formula, with no role for the United Kingdom.

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Constitution Act, 1982 in the context of Royal Proclamation of 1763

The Royal Proclamation of 1763 was issued by King George III of Great Britain on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The proclamation at least temporarily forbade all new settlements west of a line drawn along the Appalachian Mountains, which was delineated as an Indian Reserve. Exclusion from the vast region of Trans-Appalachia created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the Thirteen Colonies and became a contributing factor leading to the American Revolution. The 1763 proclamation line is more or less similar to the Eastern Continental Divide, extending from Georgia in the south to the divide's northern terminus near the middle of the north border of Pennsylvania, where it intersects the northeasterly St. Lawrence Divide, and extends further through New England.

The Royal Proclamation continues to be of legal importance to First Nations in Canada, being the first legal recognition of aboriginal title, rights and freedoms. It is recognized in the Constitution Act, 1982, partly due to direct action by Indigenous peoples of Canada, known as the Constitution Express movement of 1980–1982.

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Constitution Act, 1982 in the context of Métis

The Métis (/mɛˈt(s)/ meh-TEE(SS); French: [metis], Canadian French: [meˈt͡sɪs], Michif: [mɪˈt͡ʃɪf]) are a mixed-race Indigenous people whose historical homelands include Canada's three Prairie Provinces extending into parts of Quebec, Ontario, British Columbia, the Northwest Territories and the northwest United States. They have a shared history and culture, deriving from specific mixed European (primarily French, Scottish, and English) and Indigenous ancestry (primarily Cree with strong kinship to Cree people and communities), which became distinct through ethnogenesis by the mid-18th century, during the early years of the North American fur trade.

In Canada, the Métis, with a population of 624,220 as of 2021, are one of three legally recognized Indigenous peoples in the Constitution Act, 1982, along with the First Nations and Inuit.

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