Canada patriates its constitution
A country that could not amend its own constitution until 1982
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Canada's constitution was until 1982 an act of the British parliament, and only London could amend it. The Charter made Canadian courts far more powerful and has become one of the most copied rights texts in the world. It also contains a notwithstanding clause allowing legislatures to set aside certain rights for five years at a time — a compromise that has been used more since than anyone anticipated. Section 35 recognised Indigenous and Métis rights in the constitution for the first time.
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Until 1982, Canada had to ask the British parliament to amend its own constitution. That year it was brought home, and the country gained a charter of rights. Quebec refused to sign, and still has not.
Sources
- Constitution Act (1982), med Canadian Charter of Rights and Freedoms
- Bibliothèque et Archives Canada: patriation
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