PATRIATING THE CONSTITUTION
Over the years the BNA Act was amended as new statutes were added by the British Parliament. In 1931,
Canada's law-making powers were extended with the Statute of Westminster was passed into law by Britain.
Canada could now:
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Make its own laws that Britain could not overrule.
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Enter into treaties with other countries.
BUT Canada still could not amend its own Constitution.
Problems with the BNA Act
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Canada did not have actual independence regarding the Constitution.
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The BNA Act was actually kept in Britain.
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Canada had to ask permission to add laws to the Act.
Canada could not agree on what to do if they actually got the Constitution. Canada delayed bringing
home the Constitution after WW1 like Australia and New Zealand.
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Federal and provincial governments could never agree on procedures to amend the Constitution.
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Confusion existed about the division of powers, with one area being who had control over natural
resources. Fishing was federal, and timber and wood were provincial. The question was who was
responsible for resources such as water, uranium, oil and natural gas? This was not identified in the
BNA Act, and both the federal government and the provinces wanted resource control. Sometimes
Britain would intervene by creating shared cost agreements – the feds paid for the costs, but the
provinces would have to use it the way the feds told them.
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No civil liberties – basic individual rights such as freedom of speech – were mentioned in the
Constitution.
Constitution Act, 1982
Pierre Elliot Trudeau, prime minister, wanted to patriate our constitution. Patriate means to bring legislative
power under the authority of the country to which it applies (bring home the constitution).
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Called the first ministers together (premiers) and threatened to bring the constitution back without their
approval. Premiers said it was unconstitutional, so took his case to Supreme Court of Canada, and won
– sort of.
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The Court stated that the federal government had the legal authority to patriate the Constitution
without provincial approval, but warned that this action would be contrary to the unwritten
principles of the BNA Act.
In 1982, one last attempt to get the premiers to agree to terms.
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The premiers and federal government officials met for four days, engaging in heated debate and
bargaining. Quebec wanted more economic and cultural powers.
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During the night in the absence of Quebec Premier Rene Levesque, the nine other provinces agreed
on a compromise bill.
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When Levesque awoke the next morning and found out what had happened, he refused to sign the
proposed bill. This incident is often referred to as the “Night of Long Knives.”
The Constitution Act 1982, which included the BNA Act, 1867, came into being on April 17, 1982.
The new Canadian Constitution, 1982, added four key elements:
1. Principle of Equalization – Section 36 of the Constitution Act – A principle regarding the equalizing
of services across Canada – poor provinces could benefit from essential services, and have access to
social services.
2. Natural Resources – granted provinces powers over resources such as natural gas. The province
cannot charge higher prices or limit the supply when exporting to another part of the country.
3. Amending formula – making future changes. Provinces could make changes with the approval of that
province and of federal government (1997- Provinces could operate denominational schools – schools
that offer religious education. Amending the Constitution requires approval of parliament, 2/3rds of the
provinces, and 50 percent of the population unless the issue only concerns one province.
4. Charter of Rights and Freedoms – gives rights and freedoms constitutional status, could strike down
any law violating the Charter.
1987 – Meech Lake Accord
Tried to get Quebec to sign the Constitution Act

Increased the powers of the provinces and acknowledged Quebec as a distinct society, protect its unique
culture.
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Problems with it:
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Did not meet the deadline for signing.
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Aboriginal issues not dealt with
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Reform party-western provinces against it
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Trudeau thought the provinces had too much power, and many Canadians did not think that any one
province should get special status.
1992- Charlottetown Accord
One more time, 54% of all Canadians voted no because the majority thought it would give:
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Quebec too much power

Aboriginals too much power
Quebec has still not ratified (signed and approved) the Constitution Act, 1982. However, according to the
Supreme Court of Canada, that province is still subject to the Constitution, and the people of Quebec are
protected by the Charter of Rights and Freedoms.