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Editorial

Editorial: The Canadian Constitution Comes Home

In April 1982, as an Ottawa winter turned to spring, Queen Elizabeth II made her eleventh visit to Canada. She had come to make it official. After more than a half-century of trying, Canada would have its own constitution. A Canadian-made constitution was unfinished business from the country’s colonial past. The British North America Act in 1867 set out the jurisdictions of the federal and provincial governments and created the Dominion of Canada. It was, however, a law of the British Parliament, and it could only be amended (changed) by the British.

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Patriation of the Constitution

In 1982, Canada fully broke from its colonial past and “patriated” its Constitution. It transferred the country’s highest law, the British North America Act (which was renamed the Constitution Act, 1867), from the authority of the British Parliament to Canada’s federal and provincial legislatures. The Constitution was also updated with a new amending formula and a Charter of Rights and Freedoms. These changes occurred after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country.