Why is the constitution act 1982 important

However, Trudeau faced opposition from eight of the ten provincial governments — all but Ontario and New Brunswick. See Gang of Eight. So, he announced that he would proceed alone. In September , the Supreme Court issued a confused ruling. See Patriation Reference. Legally, Trudeau could proceed with a resolution of the Senate and the House of Commons. But a constitutional convention required Ottawa to seek substantial provincial support before asking Britain for amendments. Trudeau returned to the bargaining table one last time.

In November , the federal government and nine of the 10 provincial governments all but Quebec agreed on a proposal to send to Britain.

It would also include a Charter of Rights and Freedoms. Despite being enshrined in the Constitution, the Charter contained clauses that could be overridden for short periods by the federal Parliament or the provincial legislatures.

See Notwithstanding Clause. It prevents the federal , provincial and territorial governments from infringing on Canadian rights and freedoms. Under the notwithstanding clause , the federal or provincial governments can exempt any law from certain Charter provisions. See also Constitution Act, Document. The second part of the Act guarantees the existing rights of Indigenous peoples in Canada.

These rights, however, are left undefined. These payments reduce disparities in services from one province to another. The fourth part called for the prime minister and premiers to hold a constitutional conference before 17 April to discuss the rights of Indigenous peoples.

The fifth part of the Constitution Act, contains the procedure for amending changing the Constitution. Unanimous approval from the Senate , the House of Commons and all 10 provincial legislatures is required to amend provisions that deal with: the composition of the Supreme Court ; the use of the French and English languages; the right of a province to have at least as many members of Parliament as senators; and the offices of the Queen , the governor general , or the lieutenant-governors.

The amending formula does not specifically mention abolition of the Senate. In , the federal government asked the Supreme Court about limiting the terms of senators to nine years.

The court also said that abolishing the Senate would require the consent of Parliament and all 10 provinces. Amendments that deal with some but not all provinces e. An amendment can proceed without Senate approval if the House of Commons approves the amendment and then does so again at least days later. The sixth part of the Constitution Act, amends the BNA Act, to specify that the provincial governments have exclusive jurisdiction over non-renewable natural resources.

The Canadian Constitutional Act, In , Canada ended its relationship with the United Kingdom in which the British Parliament was authorized to make changes the Canadian Constitution. From that time forward, Canada was authorized to make its own laws without stricture. Log in. History of Canada. Canada Politics. See Answer. Best Answer. Formula for constitutional amendments The Act also created a formula for future constitutional amendments.

Study guides. Q: Why is the Constitution Act of important in Canadian history? Write your answer Related questions. Why is Dominion Day an important turning point in Canadian history? What was one important political result of the Canadian constitution in ? In which year was the canadian constitution patriated? The Canadian Constitution of was the first constitution that Canada had complete control over.

Which Canadian province did not support the independent constitution? How much is constitution Canadian coin worth? What document protects Canadian citizenship rights? When did the Canadian charter of rights and freedom become a part of your constitution? What is the Canada Act of ? What was one of the political result of the Canadian Constitution of ? When was the Canadian constitution created? When did the Canadian Charter of Rights and Freedoms come into force? What did Pierre Trudea do as a prime minister?

When did the charter oftion rights and freedom become part of your constitution? What did the Canadian constitution of do? The Constitution of Canada. The executive authority is formally vested in the Queen and exercised by the Governor-General. In addition to patriating the Constitution, the Constitution Act, enacted the Canadian Charter of Rights and Freedoms; guaranteed rights of the Aboriginal peoples of Canada; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future.

Section 35 of the Constitution Act, explicitly recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada. Broadly speaking, section 91 of the Constitution Act, assigns matters that affect the entire country to the federal Parliament.