Patriating the Constitution

Problems with the BNA Act Canada did not have actual independence regarding the Constitution. The BNA Act was actually kept in Britain. Canada had to ask permission to add laws to the Act. Canada could not agree on what to do if they actually got the Constitution. Canada delayed bringing home the Constitution after WW1 (like Australia and NZ)

Problems with the BNA Act Federal and provincial governments could never agree on procedures to amend the Constitution.  Confusion about division of powers (natural resources) Fishing was federal and timber and wood was provincial.  Who was responsible for oil? natural gas? This was not identified in the BNA Act, and both wanted resource control. 

Problems with the BNA Act Sometimes to avoid arguing their case in the British Parliament federal and provincial governments created shared cost agreements – the feds paid for the costs, but the provinces would have to use it the way the feds told them. Share cost agreement: an arrangement between the two levels of government to share the cost for programs in areas not identified in the BNA act

Problems with the BNA Act No civil liberties were mentioned in the Constitution nor was Cabinet or office of the prime minister. Civil liberties: basic individual rights protected by law, such as freedom of speech

Constitution Act, 1982 Pierre Elliot Trudeau, Prime Minister, wanted to patriate our constitution.  Patriate- to bring legislative power under the authority of the country to which it applies (bring home the constitution).

What did Trudeau do? Called the first ministers together (premiers) threatened to bring the constitution back without their approval.  Premiers said it was unconstitutional, so Trudueau took his case to Supreme Court of Canada, and won--sort of.  The Court stated that the federal government had the legal authority to patriate the Constitution without provincial approval, but warned that this action would be contrary to the unwritten principles of the BNA Act.

1982: one last attempt Tried to get the premiers to agree to terms. Met for four days, heated debate and bargaining.  Quebec wanted more economic and cultural powers. During the night in the absence of  Quebec Premier Rene Lévesque,  the nine other provinces agreed on a compromise bill.  When Lévesque awoke  the next morning and found out what had happened, he refused to sign the proposed bill. 

The Constitution Act 1982 April 17, 1982 The Constitution Act 1982, which included the BNA Act, 1867, came into being.

The new Canadian Constitution, 1982, added four key elements: Principle of Equalization - Section 36 of the Constitution Act.:  A principle regarding the equalizing of services across Canada. Poor provinces could benefit from essential services, and have access to social services.  

4 key elements cont’d Natural Resources – Granted  provinces powers over resources such as natural gas.  The province cannot charge higher prices or limit the supply when exporting to another part of the country.

4 key elements cont’d Amending formula – making future changes. Provinces could make changes with the approval of that  province and  of federal government.  To amend the Constitution requires approval of parliament, 2/3rds of the provinces and 50 percent of the population.   Eg. 1997- Provinces could operate denominational schools -schools that offer religious education. 

4 key elements cont’d Charter of Rights and Freedoms – Gives rights and freedoms constitutional status. Could strike down any law violating the Charter.

1987--Meech Lake Accord Tried to get Quebec to sign the Constitution Act Increased the powers of the provinces and acknowledged Quebec as a distinct society, protect its unique culture. Problems with it: Did not meet the deadline for signing. Aboriginal issues not dealt with Reform party-western provinces  against it Trudeau thought the provinces had too much power, and many  Canadians did not think that any one province should get special status.  

1992--Charlottetown Accord One more time, 54% of all Canadians voted no. Quebec too much power Aboriginals too much power 

As of Today… Quebec has still not ratified (signed and approved) the Constitution Act, 1982.  However, according to the Supreme Court of Canada, Quebec is still subject to the Constitution, and the people of Quebec are protected by the Charter of Rights and Freedoms.