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Patriating The
Constitution
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Statute of Westminster
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A 1931 constitutional change that extended the law-making
power of Canada.
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Canada was now allowed to make its own laws independently
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Laws could not be overruled by Britain if the law contradicted
British laws
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Canada could now enter into agreements with other countries
without Britain’s approval.
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However, we could not make changes to our Constitution (at this
point the BNA Act 1867).
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Homecoming…
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Post WWI, Australia and New Zealand ‘took home’ their
Constitutions, which basically means that they now had
complete power over all legislative authority.
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Britain wanted Canada to do the same but there were issues:
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Federal and provincial governments could not agree on
procedures to amend the constitution.
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Confusion regarding the division of powers
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Who would have the power to make laws concerning
responsibilities that were non-existent
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No mention of civil liberties (basic individual rights)
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Constitution Act, 1982

Pierre Elliot Trudeau made one of his mandates to patriate
the Constitution.
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This was not an easy feat:
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After numerous failed negotiations with the first ministers
(provincial premiers), Trudeau threatened to bring back the
constitution without their approvals.
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Trudeau took his case to the Supreme Court of Canada, who ruled
that the federal government can bring home the constitution
without the consent of the provinces.
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Attempted once more to get the ministers together to come to a
decision.
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Over 4 days of debates, 8 premiers came to a decision without
Rene Levesque (Quebec) present.
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The Constitution Act, 1982, was signed and the Constitution was
patriated on April 17, 1982.
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Constitution Act, 1982
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What stayed the same:
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Division of power
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Mandate for the federal government to make laws within its
jurisdiction
4 Key elements that were added:
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A principle regarding the equalization of services across Canada
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An interpretation of who was responsible for control and
management of natural resources
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A formula indicating what terms would be necessary to make
future amendments
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A charter guaranteeing individual rights and freedoms.
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Key Elements
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All Canadians should have essential services but it is harder
for smaller provinces to collect enough provincial tax
revenue to fund these services.
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Principle of Equalization: the richer provinces equalized
services for all Canadians.
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Natural Resources: Granted provincial powers over
resources (Natural Gas in Alberta and Oil in Newfoundland);
however there is a restriction that a province cannot charge
higher prices or limit supplies of exports to other parts of
Canada.
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Key Elements
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Amending Formula: this is a method of making future
changes. Any amendment requires the approval of
Parliament plus two-thirds of the provincial legislatures
representing 50% of the population (very hard to get
changes through hence why the Constitution does not ever
change)
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Charter of Rights and Freedoms: Perhaps the most
significant part of the Constitution. Any government who
violates these rights and freedoms will be declared invalid
and may be struck down.
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Conflicts . . . Meech Lake Accord
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In 1987, Prime Minister Brian Mulroney believed he had all
the provincial premiers prepared to sign the Meech Lake
Accord. This agreement increase the provincial powers and
acknowledged Quebec as a “distinct society” with a right to
its unique culture.

Elijah Harper, a Cree member of the Manitoba legislature,
used delaying tactics that prevented the province from
meeting the deadline. Harper disagreed with any agreement
that did not deal with First Nations issues.

Due to the delay in Manitoba, Premier Clyde Wells did not
take a vote in the Newfoundland legislature because he felt
NFLD’s vote with be irrelevant without Manitoba’s.

The deadline passed and the Accord Collapsed.
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Conflicts . . . Meech Lake Accord
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Issues with the Accord:
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Failed to include First Nation’s Rights
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Opposition came from the newly created Reform Party, who
received most of their support from out West
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Many Canadians objected to giving any kind of special status.
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Trudeau spoke out against the reform:
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Too much power to the provinces
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Weakened the federal government
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There was nothing stopping the other provinces from seeking
special status if it was granted to another province
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Mulroney Tries Again . . .
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Hired former prime minister Joe Clark to travel across the
country and ask Canadians what they wanted.
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This committee was mandated to draft an amendment to the
constitution that would satisfy all Canadians.
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Met in Charlottetown to discuss this amendment, called the
Charlottetown Accord. It was supported by many First
Nation’s political leaders. It was not supported by the Reform
Party, the Bloc Quebecois, and the Parti Quebecois.
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Quebec felt the Accord did not give them enough power,
others felt it gave them too much power.
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On Oct. 25, 1992, 54% of all Canadians voted ‘no’ and the
Accord was dead.