Patriation

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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.[4]

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.[5] 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.

The monarch's constitutional powers over Canada were not affected by the act. Canada has complete sovereignty as an independent country; the role of the monarch of Canada is distinct from that of the monarch of the UK or any other Commonwealth realm.[9]

  1. ^ "Proclamation of the Constitution Act, 1982". Government of Canada. May 5, 2014. Retrieved February 10, 2017.
  2. ^ "A statute worth 75 cheers". Globe and Mail. Toronto. March 17, 2009. Retrieved February 10, 2017.
  3. ^ Couture, Christa (January 1, 2017). "Canada is celebrating 150 years of… what, exactly?". CBC. Retrieved February 10, 2017.
  4. ^ [1][2][3]
  5. ^ Lauterpacht, Elihu (1988). International law reports. Volume 78. Cambridge: Cambridge University Press. p. 457. ISBN 9781316152065. OCLC 898874831.
  6. ^ Trepanier, Peter (2004). "Some Visual Aspects of the Monarchical Tradition" (PDF). Canadian Parliamentary Review. Retrieved 10 February 2017.
  7. ^ Bickerton, James; Gagnon, Alain, eds. (2004). Canadian politics (4th ed.). Peterborough: Broadview Press. pp. 250–254, 344–347. ISBN 1551115956. OCLC 55973728.
  8. ^ Cyr, Hugo (2009). Canadian federalism and treaty powers: organic constitutionalism at work. Bruxelles: P.I.E. Peter Lang. ISBN 9789052014531. OCLC 263146956.
  9. ^ [6][7][8]