Canada Act 1982

The Canada Act 1982 ( engl. Canada Act 1982, French Loi de 1982 sur le Canada) is a statute enacted by the British Act of Parliament, with any remaining constitutional commitments of Canada were separated to the United Kingdom. The Act contains the text of the Constitution Act of 1982 in English and French ( the two official languages ​​of Canada ) in Appendix B and the French translation of the main part in Appendix A. Thus, it is the first British law since the Middle Ages, which was passed in French. By 1982, the British Parliament reserved the right, the Constitutional Act of 1867 ( the effective the Canadian Constitution was ) to change.

Prehistory

Canada's road to full independence began in 1867 with the British North America Act (today called the Constitution Act of 1867 ). This Act created the modern state of Canada by the province Canada ( now Ontario and Quebec ), Nova Scotia and New Brunswick were merged into one Dominion (see also Canadian confederation ). Canada received a Parliament under the Westminster system and an independently acting government; a governor-general represents the British monarch, who only carries symbolic power.

However, the UK still had the right to legislate for Canada. The Statute of Westminster eluded the British Parliament the legislative power in Canada and the other Dominions (Australia, New Zealand, South Africa and Newfoundland), except in constitutional matters. With the revised version of the British North America Act, the Canadian Parliament received significant constitutional competencies, but certain changes approved by the British Parliament was still required.

The delay in the independence of the Canadian Constitution was primarily due to the long prevailing disagreement on a mechanism for constitutional amendments, which (especially Quebec ) would be accepted by all provinces.

Adoption and proclamation

The Canada - law was the last request of the Canadian Act to amend the Constitution. After fruitless negotiations with the governments of the provinces put Prime Minister Pierre Trudeau 's hope for a unilateral implementation by the Federal Parliament. But the Supreme Court ruled that, according to customary law is necessary for a substantial agreement of the provinces. Trudeau was able to convince, which restricts the application of the Charter of Rights and Freedoms, nine out of ten provinces by adding an opt-out provision.

Aside from concerns of some MPs who protested against the previous bad treatment of the natives by Quebec and the Canadian federal government, there was little opposition in the British Parliament against the law. The Canada Act gained on 29 March 1982, the British side force.

Three weeks later, on April 17, Elizabeth II was in her capacity as Queen of Canada on a visit to the Canadian capital Ottawa and signed the Canadian counterpart to the Canada Act, the Constitution Act of 1982.