Constitution Act, 1982
Introduction
The Constitution Act, 1982, is a landmark legal document that forms a fundamental part of the Constitution of Canada. It was enacted by the Parliament of the United Kingdom and is notable for patriating the Canadian Constitution, thereby granting Canada full sovereignty over its constitutional framework. This Act is also significant for incorporating the Canadian Charter of Rights and Freedoms, which enshrines various civil liberties and rights for Canadian citizens and residents.
Historical Context
The Constitution Act, 1982, emerged from a long-standing desire for Canada to gain full constitutional independence from the United Kingdom. Prior to 1982, the British North America Act, 1867, served as the primary constitutional document, but any amendments required approval from the British Parliament. The push for patriation gained momentum in the late 20th century, driven by a need for a domestic amending formula and the desire to enshrine fundamental rights and freedoms.
Key Provisions
Canadian Charter of Rights and Freedoms
One of the most significant components of the Constitution Act, 1982, is the Canadian Charter of Rights and Freedoms. The Charter guarantees a wide array of rights and freedoms, including freedom of expression, the right to a fair trial, and equality rights. It also includes provisions for the protection of minority language rights and the rights of Indigenous peoples.
Amending Formula
The Constitution Act, 1982, introduced a comprehensive amending formula, which outlines the procedures for making changes to the Constitution. This formula includes several different procedures, depending on the nature of the amendment. The general amending formula requires the approval of the federal Parliament and two-thirds of the provincial legislatures representing at least 50% of the Canadian population.
Equalization and Regional Disparities
The Act also addresses the issue of equalization payments, which are designed to reduce fiscal disparities among provinces. Section 36 of the Constitution Act, 1982, commits the federal government to the principle of equalization, ensuring that all Canadians have access to reasonably comparable levels of public services at reasonably comparable levels of taxation.
Impact on Canadian Federalism
The Constitution Act, 1982, has had a profound impact on Canadian federalism. By establishing a domestic amending formula, it empowered Canada to make constitutional changes independently. The inclusion of the Charter has also led to a significant increase in judicial review, with courts playing a more active role in interpreting and enforcing constitutional rights.
Indigenous Rights and the Constitution Act, 1982
The Act recognizes and affirms the existing aboriginal and treaty rights of the Indigenous peoples in Canada. Section 35 of the Constitution Act, 1982, acknowledges these rights, which has led to numerous legal challenges and negotiations aimed at defining and implementing them.
Challenges and Criticisms
Despite its achievements, the Constitution Act, 1982, has faced criticism and challenges. The lack of unanimous provincial consent, particularly from Quebec, has been a point of contention. Quebec did not sign the agreement, leading to ongoing debates about its constitutional status and the need for further reforms.