Patriation in the context of "Canada Act 1982"

⭐ In the context of the Canada Act 1982, patriation is considered a key element in achieving what fundamental constitutional change for Canada?

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⭐ Core Definition: 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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👉 Patriation 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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Patriation in the context of Constitution Act, 1867

The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada. The act created Canada, a federal country, and defines much of its structure, including the Parliament of Canada (composed of the monarch, the House of Commons, and the Senate), the executive, parts of the court system, and the division of powers between the federal government and the provinces. The act also created two new provinces, Ontario and Quebec, and set out their constitutions.

In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this act, were renamed the Constitution Acts. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.

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Patriation in the context of 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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Patriation in the context of Canadian Bill of Rights

The Canadian Bill of Rights (French: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.

The Canadian Bill of Rights remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the Canadian Charter of Rights and Freedoms was established as an unambiguously-constitutional-level Bill of Rights for all Canadians, governing the application of both federal and provincial law in Canada, with the patriation of the Constitution of Canada in 1982. Since patriation, its usefulness at federal law in Canada is mostly limited to issues pertaining to the enjoyment of property, as set forth in its section 1(a)]—a slightly-broader "life, liberty, and security of the person" right than is recognized in section seven of the Canadian Charter of Rights and Freedoms.

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Patriation in the context of Jean Chrétien

Joseph Jacques Jean Chrétien (Canadian French: [ʒɑ̃ kʁetsjẽɪ̯̃]; born January 11, 1934) is a Canadian lawyer and retired politician who served as the 20th prime minister of Canada from 1993 to 2003. He served as leader of the Liberal Party from 1990 to 2003 and as leader of the Official Opposition from 1990 to 1993.

Born and raised in Shawinigan Falls, Quebec, Chrétien studied law at the Université Laval. A Liberal, he was first elected to the House of Commons in 1963 federal election. Chrétien served in various cabinet posts in the governments of Lester B. Pearson and Pierre Trudeau, most notably as minister of Indian affairs and northern development, president of the Treasury Board, minister of finance, and minister of justice. In the latter role, Chrétien played a key role in the patriation of the Constitution of Canada and the establishment of the Canadian Charter of Rights and Freedoms. Chrétien ran for the leadership of the Liberal Party in 1984, placing second to John Turner. He then served as deputy prime minister in Turner's short-lived government, which was defeated in the 1984 federal election. In 1986, Chrétien briefly left politics amid tensions with Turner and began working in the private sector. After the Liberals were defeated again in 1988, he returned to politics and won the leadership of the party in 1990, thereby becoming leader of the Official Opposition. Chrétien led the Liberal Party to a majority government in the 1993 federal election. The party won two additional majorities in 1997 and 2000.

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