The Constitution Act 1982: Patriation and the Charter

The Constitution Act, 1982, is one of the most important events in Canadian history. It brought the Constitution home from Britain and enshrined the Charter of Rights and Freedoms. This is a heavily tested topic.

What Is Patriation?

Before 1982, Canada's Constitution (the British North America Act, 1867) could only be amended by the British Parliament. "Patriation" means bringing the Constitution home — giving Canada the power to amend its own Constitution without British approval.

The Key Players

Pierre Elliott Trudeau

As Prime Minister, Trudeau championed patriation. He believed Canada needed its own Constitution with a strong bill of rights. He negotiated with the provinces for years before reaching a deal.

Queen Elizabeth II

On April 17, 1982, Queen Elizabeth II proclaimed the Constitution Act, 1982, on Parliament Hill in Ottawa. This was the last act of British authority over Canadian law.

The Provinces

Getting agreement from the provinces was difficult. Quebec Premier René Lévesque refused to sign the deal. Quebec has never formally signed the Constitution, though it is bound by it.

What the Constitution Act Contains

Part I: The Canadian Charter of Rights and Freedoms

The most significant addition. The Charter guarantees:

Part II: Rights of Aboriginal Peoples

Section 35 recognises and affirms the existing Aboriginal and treaty rights of First Nations, Inuit, and Métis peoples.

Part V: Amending Formula

The Constitution established how it can be amended:

Before the Charter

Canadian Bill of Rights (1960)

Prime Minister John Diefenbaker enacted the Canadian Bill of Rights in 1960. While important, it had limitations:

The Charter addressed these limitations by being constitutionally entrenched and applying to both federal and provincial governments.

Magna Carta (1215)

The foundation of Canadian freedoms goes back to the Magna Carta, signed in 1215. It established that no one — not even the monarch — is above the law.

Impact of the Charter

Since 1982, the Charter has:

The Notwithstanding Clause

Section 33 of the Charter allows Parliament or a provincial legislature to override certain Charter rights for a renewable period of 5 years. This was a compromise to get provincial support for the Constitution.

The clause cannot override:

The Meech Lake and Charlottetown Accords

After patriation, two attempts were made to amend the Constitution to bring Quebec on board:

Meech Lake Accord (1987)

Proposed recognising Quebec as a "distinct society." It failed when Manitoba and Newfoundland did not ratify it by the 1990 deadline.

Charlottetown Accord (1992)

A broader package of constitutional reforms was put to a national referendum. It was rejected by 54% of voters.

Test Preparation

For the citizenship test:

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