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Patriation AI simulator
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Patriation AI simulator
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Patriation
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.
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. 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.
The Constitution Act, 1982 formed the template for the removal of the British Parliament's powers over other similar Commonwealth realms. In 1986, the Australia Act 1986 and the Constitution Act 1986 (New Zealand) also confirmed the total independence of the two countries' political processes from the United Kingdom.
The word patriation was coined in Canada as a back-formation from repatriation (returning to one's country). Prior to 1982, power to amend the Canadian constitution was held by the Parliament of the United Kingdom (subject in some respects to request and consent from Canada); hence some have felt that the term patriation was more suitable than the term repatriation (returning something). The term was first used in 1966 by Prime Minister Lester B. Pearson in response to a question in Parliament: "We intend to do everything we can to have the constitution of Canada repatriated, or patriated."
From 1867, the constitution of Canada was primarily contained in the British North America Act, 1867 and other British North America Acts, which were passed by the Parliament of the United Kingdom. Several Canadian prime ministers, starting with William Lyon Mackenzie King in 1927, had made attempts to domesticize the amending formula, but could not obtain agreement with the provincial governments as to how such a formula would work. Thus, even after the Statute of Westminster granted Canada and other Commonwealth nations full legislative independence in 1931, Canada requested that the British North America Act, 1867, be excluded from the laws that were now within Canada's complete control to amend; until 1949, the constitution could only be changed by a further act at Westminster. The British North America (No. 2) Act, 1949, granted the Parliament of Canada limited power to amend the constitution in many areas of its own jurisdiction, without involvement of the United Kingdom. The constitution was amended in this manner five times: in 1952, 1965, 1974, and twice in 1975.
Negotiations continued sporadically between federal and provincial governments on the development of a new amending formula in which the United Kingdom would have no part. In the 1960s, efforts by the governments of prime ministers John Diefenbaker and Lester Pearson, including the Confederation of Tomorrow conference in Canada's centennial year, culminated in the Fulton–Favreau formula, but without Quebec's endorsement, the patriation attempt failed.
In 1968, Pearson was succeeded by Pierre Trudeau, who also advocated patriation. He made several attempts, including the Victoria Charter in 1971 and more proposed amendments in 1978. At the 1978–1979 conference, Trudeau prepared for the first time to provide some federal concessions with regard to the division of powers, including family law, fisheries, and resources. However, the other premiers balked, which led to speculation they were waiting to see if the more province-friendly Progressive Conservatives would win the coming federal election. In that campaign, the Liberals ran on constitutional change, including a speech at Maple Leaf Gardens in which Trudeau promised unilateral action if the premiers did not agree to patriation.
Patriation
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.
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. 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.
The Constitution Act, 1982 formed the template for the removal of the British Parliament's powers over other similar Commonwealth realms. In 1986, the Australia Act 1986 and the Constitution Act 1986 (New Zealand) also confirmed the total independence of the two countries' political processes from the United Kingdom.
The word patriation was coined in Canada as a back-formation from repatriation (returning to one's country). Prior to 1982, power to amend the Canadian constitution was held by the Parliament of the United Kingdom (subject in some respects to request and consent from Canada); hence some have felt that the term patriation was more suitable than the term repatriation (returning something). The term was first used in 1966 by Prime Minister Lester B. Pearson in response to a question in Parliament: "We intend to do everything we can to have the constitution of Canada repatriated, or patriated."
From 1867, the constitution of Canada was primarily contained in the British North America Act, 1867 and other British North America Acts, which were passed by the Parliament of the United Kingdom. Several Canadian prime ministers, starting with William Lyon Mackenzie King in 1927, had made attempts to domesticize the amending formula, but could not obtain agreement with the provincial governments as to how such a formula would work. Thus, even after the Statute of Westminster granted Canada and other Commonwealth nations full legislative independence in 1931, Canada requested that the British North America Act, 1867, be excluded from the laws that were now within Canada's complete control to amend; until 1949, the constitution could only be changed by a further act at Westminster. The British North America (No. 2) Act, 1949, granted the Parliament of Canada limited power to amend the constitution in many areas of its own jurisdiction, without involvement of the United Kingdom. The constitution was amended in this manner five times: in 1952, 1965, 1974, and twice in 1975.
Negotiations continued sporadically between federal and provincial governments on the development of a new amending formula in which the United Kingdom would have no part. In the 1960s, efforts by the governments of prime ministers John Diefenbaker and Lester Pearson, including the Confederation of Tomorrow conference in Canada's centennial year, culminated in the Fulton–Favreau formula, but without Quebec's endorsement, the patriation attempt failed.
In 1968, Pearson was succeeded by Pierre Trudeau, who also advocated patriation. He made several attempts, including the Victoria Charter in 1971 and more proposed amendments in 1978. At the 1978–1979 conference, Trudeau prepared for the first time to provide some federal concessions with regard to the division of powers, including family law, fisheries, and resources. However, the other premiers balked, which led to speculation they were waiting to see if the more province-friendly Progressive Conservatives would win the coming federal election. In that campaign, the Liberals ran on constitutional change, including a speech at Maple Leaf Gardens in which Trudeau promised unilateral action if the premiers did not agree to patriation.