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Patriation information


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]

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known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution...

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decision in the Patriation Reference, Trudeau decided to begin a new round of negotiations with the provinces, which resulted in the patriation of the Constitution...

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multilateralism, official bilingualism, official multiculturalism, gun control, the patriation of the Constitution of Canada and the establishment of the Canadian Charter...

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series of constitutional conferences resulted in the Canada Act 1982, the patriation of Canada's constitution from the United Kingdom, concurrent with the...

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Elizabeth II

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of office. In 1980, Canadian politicians sent to London to discuss the patriation of the Canadian constitution found Elizabeth "better informed ... than...

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taxation. Blakeney was also a key figure in the negotiations surrounding Patriation of the Canadian Constitution in the early 1980s, and in the development...

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effect on January 1, 1947, and full sovereignty was achieved with the patriation of the constitution in 1982. Canada's nationality law closely mirrored...

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provinces again stalled in 1980, Trudeau threatened to take the case for patriation to the British parliament "[without] bothering to ask one premier". According...

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Canadian Charter of Rights and Freedoms

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to free Canada from the authority of British Parliament (also known as patriation), ensuring the full sovereignty of Canada. Subsequently, Attorney General...

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recognized that Canada had become co-equal with the United Kingdom. The Patriation of the Constitution in 1982 marked the removal of legal dependence on...

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the British North America Act 1949, but was renamed in Canada on the patriation of the Canadian Constitution from the United Kingdom in 1982. In exchange...

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government of Canada. This was never anything but a rubber stamp. The patriation of the Canadian constitution was achieved in 1982 when the British parliament...

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Monarchy of Canada and the Indigenous peoples of Canada

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Steinhauer, held audience with the monarch there. In the prelude to the patriation of the Canadian constitution in 1982, some First Nations leaders campaigned...

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demographic weight of each province came up during the negotiations for the patriation of the Canadian Constitution, and especially discussions around the amending...

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federal and provincial law in Canada, with the patriation of the Constitution of Canada in 1982. Since patriation, its usefulness at federal law in Canada is...

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Declaration of 1926, Statute of Westminster 1931, and ending with the patriation of the Canadian Constitution in 1982. The Dominion of Newfoundland similarly...

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system. In 1982, this Act was renamed the Constitution Act, 1867, with the patriation of the constitution (having originally been enacted by the Parliament...

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Jean Beetz

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Charter constitutional reform process, which was a fore-runner to the patriation of the Constitution in 1982 and the adoption of the Canadian Charter of...

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Pierre Trudeau

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conflicting decisions prompted a Supreme Court decision that stated unilateral patriation was legal, but was in contravention of a constitutional convention that...

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either the traditional manner or in the same fashion as the men. With the patriation in 1988 of oversight of heraldry from the UK to Canada through the Canadian...

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Retrieved August 16, 2021. Sheppard, Robert (May 4, 2020). "Constitution, Patriation of". The Canadian Encyclopedia. Busta, Shannon; Hui, Ann. "Bloc Québécois...

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British crown into several sovereignties by the Statute of Westminster, the patriation of constitutions by the Canada Act 1982 and the Australia Act 1986, and...

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