Constitution Act, 1982

Part of a series on the
Constitution of Canada
Constitutional history
Document list
Constitutional law

flag Canada portal

icon Law portal

The Constitution Act, 1982 (French: Loi constitutionnelle de 1982) is a part of the Constitution of Canada.[a] 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.[b] 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.[1]

On April 17, 1982, Queen Elizabeth II and Prime Minister Pierre Trudeau, as well as the Minister of Justice, Jean Chrétien, and André Ouellet, the Registrar General, signed the Proclamation which brought the Constitution Act, 1982 into force.[2][3] The proclamation confirmed that Canada had formally assumed authority over its constitution, the final step to full sovereignty.[c][d][1][3][4]

As of 2024, the Government of Quebec has never formally approved of the enactment of the act,[citation needed] though the Supreme Court concluded that Quebec's formal consent was never necessary[5] and 15 years after ratification the government of Quebec "passed a resolution authorizing an amendment."[6] Nonetheless, the lack of formal approval has remained a persistent political issue in Quebec.[citation needed] The Meech Lake and Charlottetown Accords were designed to secure approval from Quebec, but both efforts failed to do so.


Cite error: There are <ref group=lower-alpha> tags or {{efn}} templates on this page, but the references will not show without a {{reflist|group=lower-alpha}} template or {{notelist}} template (see the help page).

  1. ^ a b Library and Archives Canada (2017). "Proclamation of the Constitution Act, 1982". Library and Archives Canada. Government of Canada. Retrieved February 13, 2017.
  2. ^ "A statute worth 75 cheers". Globe and Mail. Toronto. March 17, 2009. Retrieved February 10, 2017.
  3. ^ a b Couture, Christa (January 1, 2017). "Canada is celebrating 150 years of… what, exactly?". CBC News. CBC/Radio-Canada. Retrieved February 10, 2017.
  4. ^ "A statute worth 75 cheers". Globe and Mail. Toronto. March 17, 2009. Retrieved February 10, 2017.
  5. ^ Reference re Amendment to the Canadian Constitution, [1982] 2 SCR 793. (aka Quebec Veto Reference). See also Reference re Resolution to Amend the Constitution, [1981] 1 SCR 753 (aka Patriation Reference).
  6. ^ Dion, Stéphane (1997). "Stéphane Dion on Amendment To The Constitution Of Canada (Quebec)". Open Parliament.