key term - Constitution Act, 1982

Definition

The Constitution Act, 1982 is a significant piece of legislation that patriated the Canadian Constitution from Britain and included the Canadian Charter of Rights and Freedoms. This act marked a pivotal moment in Canada's history as it established the legal framework for Canadian governance and ensured the protection of individual rights and freedoms. It also allowed Canada to amend its constitution without requiring approval from the British Parliament, emphasizing Canada's legislative independence.

5 Must Know Facts For Your Next Test

1. The Constitution Act, 1982 was enacted on April 17, 1982, and included both the patriation of the Constitution and the introduction of the Charter.
2. The Canadian Charter of Rights and Freedoms is considered a landmark achievement that provides a framework for protecting individual liberties against government infringement.
3. Before 1982, any constitutional changes required approval from the British Parliament, highlighting Canada's colonial past and its need for legislative autonomy.
4. The amending formula established by the Constitution Act, 1982 requires both federal and provincial agreement for most amendments, balancing power between different levels of government.
5. The act also recognized Indigenous rights for the first time in Canadian constitutional history, laying groundwork for future discussions about Aboriginal sovereignty and treaties.

Review Questions

• How did the Constitution Act, 1982 influence Canada's legal independence from Britain?
  • The Constitution Act, 1982 was pivotal in establishing Canada's legal independence by patriating the Constitution from Britain. Prior to this act, any constitutional amendments had to be approved by the British Parliament, which limited Canada's ability to govern itself fully. By allowing Canada to amend its constitution independently, it marked a significant step in asserting national sovereignty and self-governance.
• Discuss the significance of the Canadian Charter of Rights and Freedoms included in the Constitution Act, 1982.
  • The Canadian Charter of Rights and Freedoms is a crucial aspect of the Constitution Act, 1982 that fundamentally changed how rights are protected in Canada. It guarantees essential freedoms such as freedom of speech and religion while promoting equality rights. The Charter allows individuals to challenge laws that may infringe upon these rights in court, thereby enhancing judicial oversight and accountability in protecting civil liberties.
• Evaluate the impact of the Constitution Act, 1982 on Indigenous rights within Canada’s constitutional framework.
  • The Constitution Act, 1982 had a profound impact on Indigenous rights by recognizing them within Canada's constitutional framework for the first time. Section 35 of the act acknowledges existing Aboriginal and treaty rights, providing a basis for Indigenous groups to assert their rights legally. This recognition has led to significant legal battles and negotiations over land claims and self-governance, influencing contemporary discussions about reconciliation and Indigenous sovereignty across Canada.

Related terms

Patriation:

The process of transferring legal authority over the Canadian Constitution from the United Kingdom to Canada, culminating in the Constitution Act, 1982.

Canadian Charter of Rights and Freedoms:

A part of the Constitution Act, 1982 that guarantees fundamental rights and freedoms for all Canadians, including freedom of expression, the right to equality, and legal rights.

Amending Formula: A set of procedures outlined in the Constitution Act, 1982 that dictates how changes can be made to the Constitution, ensuring a degree of provincial participation in amendments.