Canada’s Constitutional Framework Before the Constitutional Act of 1982

Canada’s governance structure before the Constitutional Act of 1982 was deeply rooted in its historical and legal traditions.

Historical Context and Early Governance

Before the Constitutional Act of 1982, Canada was largely governed under the framework established by the British North America Act of 1867 (also known as the Constitution Act 1867). This act laid the foundation for the governance of the newly formed Canadian Confederation, creating a bicameral legislature (the Senate and the House of Commons), and establishing the underlying principles of parliamentary democracy.

Roles of the Crown and the UK Parliament

One of the key aspects of Canada’s governance before 1982 was the role of the Crown and the UK Parliament. As a constitutional monarchy, Canada was under the legal authority of the British monarch, with representatives in the British Parliament having significant control over Canadian legislation.

Any changes to Canada’s constitutional arrangements required the consent of the UK Parliament through the enactment of British North America Acts. The last of these acts, passed in 1975, made no substantial changes but set the stage for the eventual transfer of constitutional responsibility to Canada under the 1982 Act.

Constitutional Act of 1982: Changing the Governance Framework

The Constitutional Act of 1982 was a landmark for Canada, granting it full constitutional independence from the UK. Section 2 of the 1982 Act stipulated that no acts of the UK Parliament could be part of Canada’s law after the act came into force, effectively ending the UK’s legislative authority over Canada.

Despite this significant move towards self-governance, the 1982 Act itself did not drastically alter the governance framework established by the Constitution Act of 1867. Instead, it focused on integrating the Charter of Rights and Freedoms, providing a legal foundation for individual rights and freedoms, and introducing a process for constitutional amendments that would allow for more Canadian-centric governance.

Role of the Charter of Rights and Freedoms

The Charter of Rights and Freedoms introduced by the 1982 Act has played a crucial role in shaping Canada’s governance. It has placed several fences on the actions and conduct of the Crown and federal and provincial governments to ensure compliance with fundamental human rights and freedoms.

However, the underlying governance structure, which is primarily outlined in the 1867 Act, remains largely intact. This includes the bicameral legislature, the separation of powers, and the framework for federal-provincial relations.

Why the Need for Constitutional Change?

The UK Parliament’s reluctance to grant full constitutional independence to Canada may have been anachronistic. However, over time, the development of a distinct Canadian identity and the desire for more local control over legislation led to strong demands for constitutional reform.

Politicians in the UK likely saw the 1982 Act as a positive step towards modernizing the British Commonwealth, allowing for greater intergovernmental cooperation and the preservation of shared values.

Conclusion

In summary, Canada’s governance before the Constitutional Act of 1982 was heavily influenced by the British North America Act of 1867. While the 1982 Act marked a significant shift towards self-governance, it did not fundamentally alter the established framework. The integration of the Charter of Rights and Freedoms has, however, added a vital layer of protection for individual rights, ensuring that governance remains in line with core democratic values.

For those interested in understanding the evolution of Canada’s governance structure, the Constitution Act of 1867, the British North America Acts, and the Constitutional Act of 1982 are key documents. By examining these, one can better grasp the historical and legal foundations of Canada’s modern governance system.