Canadian Patriation
“Patriation” is a Canadian term
that describes the transformation of Canada’s Constitution from an act of the
British Parliament to an independent Canadian Constitution that was amendable
by Canada. The word itself is taken from ‘repatriation,’ meaning to return
something to its own country. Since the Constitution did not originate in
Canada but in Britain, it could not technically be repatriated. After Prime
Minister Pearson publicly used the term ‘patriation’ in the House of Commons in
1966, it seemed to fit and enjoyed wide use.
Britain’s 1867 British North
America Act (BNA Act) created Canada from three colonies. The BNA Act and acts
and statutes created before and after patriation comprised Canada’s first
Constitution. Because the BNA Act was a law of British Parliament, every time
Canada wanted to amend it, it had to rely on Britain to enact changes. Until
patriation, Canada was tied to Britain constitutionally despite it having
achieved independence in other significant areas.
Canada patriated its Constitution
in 1982. To bring the Constitution home, Canada had to figure out a way to
amend it without having to rely on permission from Britain. Since it was
convention for the federal and provincial governments to agree on such an
important change, the topic periodically came up in federal-provincial meetings
starting in 1927. Until 1981, the federal and provincial governments could not
agree on how amendments should be made to the Constitution.
In 1981, the federal government
and the majority of provincial governments settled on an amending formula that
outlined five processes to change different aspects of the Constitution. This
general formula required a great deal of consent from the provinces: it
required the agreement of Parliament and at least seven provinces that together
make up fifty percent or more of Canada’s population.
Canada then brought the
patriation package to the British Parliament. Through the Canada Act 1982, the
BNA Act came to an end in Britain, and the Constitution Act 1982, came into
force in Canada.
In popular and historical
thought, ‘patriation’ is also regarded as an event in Canada’s developing
nationhood because it signaled Canada’s full sovereignty. Bringing the
Constitution home also meant the federal and provincial governments could
tailor it to reflect current domestic priorities. Therefore, besides the
amending formula, the patriation package also included the Charter of Rights
and Freedoms that entrenched rights for Canadians, sections on equalization and
natural resources to recognize the new strength of provinces, and a section
recognizing Aboriginal rights.
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