Canada Act 1982

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The Canada Act 1982 (1982 c 11) is a legally enforced Royal Parliament Act (as stated in the opening) at the request of the Canadian Parliament, for the "patriate" of the Canadian Constitution, ending the necessity for the British parliament to involved in making changes to the Canadian Constitution. The law also officially ends the 1931 Statute of Westminster's "demand and approval" terms with Canada, where the British parliament has the general power to pass legislation extending to Canada at its own request.

Chanted as the Schedule B of the Act is the text of the Constitution Act, 1982, in both official Canadian languages ​​(ie English and French). Due to the official bilingualism requirement, the body of the Canadian Act itself is also governed in French in Schedule A for the Act, expressed by s. 3 to have "the same authority in Canada as its English version".

Video Canada Act 1982

Histori

The modern political history of Canada as a composite of previously separated provinces begins with the British North American Act, 1867 (currently formally called the Constitution Act, 1867). This action combines Canadian Provinces (now Ontario and Quebec) with Nova Scotia and New Brunswick being Dominion in the United Kingdom. Canada adopted a Westminster-style government with the Canadian Parliament. A Governor-General fulfills the constitutional duties of British Sovereignty on Canadian soil. Similar arrangements are applied in each province.

Despite this autonomy, the United Kingdom still has the power to legislate for Canada. The Statute of Westminster 1931 eliminated the power of the British Parliament for Canada, as well as for other British Dominions (Australia [adopted 1942], Irish Free State, New Zealand [adopted 1947], South African Union, and Dominion of Newfoundland [never ratified, with Canada in 1949]), except (part 4) Dominion requests and approves Imperial legislation. Also, the North American Act (No. 2), 1949 was adopted by the British Parliament, granting constitutional amendment to the Canadian House of Representatives.

However, with the Canadian agreement at that time, under the Statute of Westminster (part 7 (1)) the British Parliament also retained the power to amend the constitution of Canada's constitution, the Story of North America of Britain. As a result, the British Parliament Act is required to make certain changes to the Canadian constitution. The delay in the patrolling of the Canadian constitution is largely due to a lack of agreement on the method of amending the constitution to be accepted by all provinces, particularly Quebec.

Maps Canada Act 1982

Approval of the Act

The Canadian Act of 1982 was adopted by the Royal Parliament in response to a request from the Canadian Parliament to take over the authority to amend its own constitution. After negotiating with the provincial government, Pierre Trudeau stated that the federal Parliament would unilaterally comply with the constitution. After numerous references by the province, the Supreme Court of Canada ruled in the Restricted Reference that provincial approval was not legally required, but to do so without substantial agreement would be contrary to the old constitutional conventions. Trudeau succeeded in convincing nine provinces out of ten by agreeing to the addition of the Unlimited Clause to limit the application of Canada's Right and Freedom Charter as a result of discussions during the First Ministerial conference and other minor changes in November 1981.

In Britain, 44 MPs voted against the Act, including 24 Conservatives and 16 Labor MPs, citing concerns over Canada's past misconduct against Quebec and Aboriginal people (as frustrated by Jean Chrà ©  © tien in his memoir < i> Straight from the Heart ); Overall there is little opposition from the British government to pass the Act. However, new research into Thatcher's government documents shows that Britain has serious concerns about the entry of the Canadian Charter of Rights and Freedom in Canadian Law. Part of this concern stems from letters of protest received by the British about it from provincial actors, but also because the Charter undermines the principle of parliamentary supremacy, which until then has always been a core feature of any government practicing the Westminster system.

Through section 2 of the Canadian Act of 1982, Britain ended its involvement with further amendments to the Canadian constitution. The procedure for amending the Constitution Act, 1982 must be in accordance with Section V, not the usual parliamentary procedure which requires Royal Assent of the kingdom to enact legislation.

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Proclamation by Queen of Canada

While the Canadian Act of 1982 received royal approval on March 29, 1982 in London, it was not until the Queen visited Canada the following month that the Constitution Act, 1982, the Canadian equivalent, was proclaimed by the patent as a legal instrument by the Queen during her presence in Canada.

The 1982 Constitution Act of Canada, signed into law by Elizabeth II as Queen of Canada on April 17, 1982 at Parliament Hill in Ottawa. Queen Elizabeth's constitutional power over Canada is unaffected by the Act, and she remains the Queen and Head of State of Canada. Canada has full sovereignty as an independent state, however, and the role of Queen as king of Canada is separate from her role as king of England or king of one of the other Commonwealth kingdoms.

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See also

• Australia Act 1986
• New Zealand Constitution Act 1986
• Patrix

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References

src: www.monarchist.ca

External links

• Table of Constitutional Documents

Source of the article : Wikipedia