Constitution Act, 1982

Constitution Act, 1982

The Constitution Act, 1982 is a part of the Constitution of Canada and is a landmark document in Canadian history. It was enacted as Schedule B to the Canada Act 1982 by the Parliament of the United Kingdom and came into force on April 17, 1982. The Act is notable for patriating the Canadian Constitution, thereby ending the power of the British Parliament to legislate for Canada, and for enshrining the Canadian Charter of Rights and Freedoms.

Historical Background

Prior to 1982, the Constitution of Canada was primarily contained in the British North America Act, 1867 and subsequent amendments. These acts were British statutes, and any changes required the approval of the British Parliament. The movement to patriate the Constitution was driven by a desire for full sovereignty and the ability to amend the Constitution within Canada.

Key Provisions

Patriation

The Constitution Act, 1982, patriated the Canadian Constitution, meaning that Canada gained full control over its constitutional amendments. This was achieved through the enactment of the Canada Act 1982 by the UK Parliament, which declared that no British law would thereafter apply to Canada.

Canadian Charter of Rights and Freedoms

One of the most significant parts of the Constitution Act, 1982, is the Canadian Charter of Rights and Freedoms. The Charter guarantees fundamental rights and freedoms to all Canadians, including freedom of expression, the right to a fair trial, and equality rights. It has had a profound impact on Canadian law and society.

Amending Formula

The Act introduced a new amending formula for the Constitution of Canada. There are several procedures for amendment, depending on the nature of the change, including the "7/50 formula," which requires the approval of the Parliament of Canada and two-thirds of the provinces representing at least 50% of the population.

Aboriginal Rights

Section 35 of the Constitution Act, 1982, recognizes and affirms the existing Aboriginal and treaty rights of the Indigenous peoples in Canada. This section has been pivotal in the legal recognition and protection of Indigenous rights.

Impact and Legacy

The Constitution Act, 1982, has had a lasting impact on Canadian law and society. The Canadian Charter of Rights and Freedoms has been used to challenge and overturn laws that violate fundamental rights. The recognition of Aboriginal rights has led to significant legal and political developments in the relationship between the Canadian government and Indigenous peoples.

See Also

• Canada Act 1982
• British North America Acts
• Canadian federalism
• History of the Canadian Constitution

References

• Hogg, Peter W. Constitutional Law of Canada. Toronto: Carswell, 2011.
• Russell, Peter H. Constitutional Odyssey: Can Canadians Become a Sovereign People? Toronto: University of Toronto Press, 2004.

External Links

• Constitution Act, 1982 - Full text at the Department of Justice Canada