Patriation

Definition

Patriation refers to the process of bringing the Constitution of Canada under Canadian control, which was completed with the passage of the Constitution Act, 1982. This act included important components such as the Charter of Rights and Freedoms, which enhanced the protection of individual rights. Patriation was a significant step in Canada's development as a fully independent nation, as it allowed Canada to amend its Constitution without requiring approval from the British Parliament.

5 Must Know Facts For Your Next Test

1. The patriation process was initiated in the early 1980s under Prime Minister Pierre Trudeau's government, leading to significant constitutional negotiations with provincial premiers.
2. One of the most contentious issues during the patriation negotiations was the inclusion of the Charter of Rights and Freedoms, which aimed to protect individual liberties across Canada.
3. The 1980 referendum on Quebec sovereignty highlighted tensions between Quebec and the rest of Canada during the patriation discussions.
4. The final agreement for patriation was reached at a constitutional conference in November 1981, with support from all provinces except Quebec, which did not sign the Constitution Act, 1982.
5. The patriation of Canada's Constitution marked a pivotal moment in Canadian history, symbolizing a shift towards complete legislative independence from Britain and solidifying Canadian identity.

Review Questions

• How did the process of patriation affect the relationship between federal and provincial governments in Canada?
  • The process of patriation significantly impacted the relationship between federal and provincial governments by highlighting jurisdictional disputes and differing perspectives on constitutional authority. The negotiations for patriation required cooperation between levels of government but also brought to light tensions, particularly regarding provincial rights versus federal power. The inclusion of the Charter of Rights and Freedoms further complicated this relationship by establishing certain rights that had to be respected at both levels of governance.
• Discuss the implications of the Charter of Rights and Freedoms on Canadian society following patriation.
  • The inclusion of the Charter of Rights and Freedoms in the Constitution Act, 1982 had profound implications for Canadian society by enshrining fundamental rights and freedoms that apply to all Canadians. This meant that individuals could challenge laws or actions that they believed violated their rights in court. The Charter has led to landmark legal decisions that have shaped Canadian values around equality, freedom of expression, and minority rights, thus having a lasting influence on public policy and social norms.
• Evaluate how the patriation process reflected broader themes of nationalism and sovereignty within Canada during the late 20th century.
  • The patriation process reflected broader themes of nationalism and sovereignty as it symbolized Canada's move towards full independence from British legislative control. The push for a homegrown Constitution resonated with many Canadians who desired to assert their national identity distinct from colonial influences. Additionally, debates around patriation underscored regional disparities, particularly with Quebec's opposition to signing, which highlighted ongoing tensions in Canadian federalism. Overall, this period marked a significant assertion of Canadian sovereignty in both political and cultural contexts.

Related terms

Constitution Act, 1982:

The act that patriated Canada's Constitution, providing the country with full sovereignty and including the Charter of Rights and Freedoms.

Charter of Rights and Freedoms:

A bill of rights entrenched in the Constitution Act, 1982, that guarantees fundamental freedoms and rights to all Canadians.

British North America Act, 1867: The original constitution of Canada, which established the federal structure and created Canada as a self-governing dominion within the British Empire.