dress their concerns. After the referendum failed,
he initiated a process to make significant amend-
ments to the country’s constitution, including ac-
quiring complete control over it.
A Difficult Process Trudeau met with the provin-
cial premiers in an attempt to reach an agreement
on constitutional changes. The discussions ad-
dressed several topics in addition to an amending
process. The various parties could not, however, find
a resolution to their differences. Only two provincial
leaders supported Trudeau’s initial proposal for
constitutional reform. After a legal challenge to the
proceedings, Canada’s Supreme Court ruled inRef-
erence re a Resolution to Amend the Constitution(1981,
also known as the Patriation Reference) that the fed-
eral government’s process was strictly legal, but it vi-
olated constitutional conventions held by the prov-
inces. In general, this decision meant that the
provinces should have input into the amendment
process but that the federal government had the au-
thority to demand patriation of and changes to the
constitution. After the Supreme Court ruling, Tru-
deau restarted the process of pursuing constitu-
tional change. Nine of the ten provincial leaders
eventually reached an agreement with Trudeau in
November, 1981. Only Quebec premier René Lé-
vesque opposed the final constitutional package.
Major Aspects of the Constitution The legislation
approved by the Canadian parliament that adopted
the constitutional changes was called the Constitu-
tion Act, 1982. It included several important alter-
ations in addition to patriating the constitution from
the United Kingdom. The formal approval given by
the British parliament is known as the Canada Act,
and it includes the entire text of the Constitution
Act. With this new legislation, the Constitution Act
was added to the Canadian constitution, which, like
its British counterpart, is not contained in any one
document. The British North America Act of 1867
was renamed the Constitution Act, 1867, and was in-
corporated with some amendments into the new
constitution. Indeed, the Constitution Act, 1982, in-
cluded a schedule listing thirty other documents
that were part of the Canadian constitution, from
the Constitution Act, 1867, through the two Consti-
tution Acts of 1975.
The Constitution Act, 1982, is divided into two
primary parts. One provides an amendment pro-
cess. It states that changes may occur in one of two
ways. Some changes require the unanimous ap-
proval of the federal parliament and all of the pro-
vincial legislatures. Most amendments, however,
need only the approval of the federal parliament
and two-thirds of the provincial legislatures, so long
as they represent at least 50 percent of the country’s
population. If such an amendment limits the powers
of the provincial governments, however, it will not
take effect within a province whose legislature dis-
sents from it.
The other primary part of the constitution is theFreedoms Canadian Charter of Rights and
cludes civil and political rights typically associated
with Western democracies. Examples include free-
dom of religion, freedom of expression, freedom to
assemble peacefully, freedom of the press, and the
right to vote. The charter also includes language
rights and mobility rights. Other noteworthy provi-
sions of the constitution require a yearly first minis-
ters’ conference, address aboriginal rights and gen-
der equity, and state a commitment to reducing
individual and regional economic inequality.Impact The Canada Act of 1982 severed the final,
formal ties between the United Kingdom and Can-
ada’s domestic politics. More important, it provided
a formal process regarding the conduct of federal-
provincial relations in Canada and outlined specific
rights enjoyed by all Canadians. Despite this prog-
ress, Quebec’s failure to approve of the constitu-
tional changes meant that its status within Canada
remained volatile.Subsequent Events The Canadian government
made later attempts to address Quebec’s concerns.
The Meech Lake Accord was a proposal put forth in
1987 to amend the constitution to recognize Que-
bec as a “distinct society.” Not all of the provinces ap-
proved of the amendment. The greatest obstacle to
its passage was the concern of aboriginal (or First
Nations) peoples that they were not also recognized
as having a distinct society. The Canadian govern-
ment then pursued the Charlottetown Agreement
in 1992, which addressed the First Nations as well as
the Québécois. When submitted for approval in a
national referendum, however, it was also rejected.Further Reading
Bothwell, Robert.Canada and Quebec: One Countr y,
Two Histories.Vancouver: University of British Co-
lumbia Press, 1995. Transcript of a joint presenta-The Eighties in America Canada Act of 1982 175