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Canada Act 1982
The Canada Act 1982 (1982 c. 11) is an Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the British parliament. The Act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request.
Annexed as Schedule B to the Act is the text of the Constitution Act, 1982, in both of Canada's official languages (i.e. English and French). Because of the requirements of official bilingualism, the body of the Canada Act itself is also set out in French in Schedule A to the Act, which is declared by s. 3 to have "the same authority in Canada as the English version thereof".〔(''Canada Act 1982'' ), s. 3.〕
==History==
Canada's political history began with the ''British North America Act, 1867'' (currently officially called the ''Constitution Act, 1867''). This act created the modern state of Canada by combining the Province of Canada (now Ontario and Quebec), Nova Scotia, and New Brunswick into a dominion within the British Empire.〔 From this Canada adopted a Westminster style government with a Parliament of Canada. A Governor General fulfilled the constitutional duties of the British Sovereign on Canadian soil.
Despite this, the United Kingdom still had the power to legislate for Canada. The Statute of Westminster 1931 removed this power of the British Parliament for Canada, as well as the other British Dominions (Australia (1942 ), the Irish Free State, New Zealand (1947 ), the Union of South Africa, and the Dominion of Newfoundland (ratified, joined Canada in 1949 )), except where the Dominion consented to Imperial legislation. Also, the ''British North America (No. 2) Act, 1949'' was passed by the British Parliament, giving the Parliament of Canada significant constitutional amending powers. However, an Act of the ''British'' Parliament was still required to make some amendments in the Canadian constitution. Delay in the patriation of the Canadian constitution was due in large part to the lack of agreement concerning a method for amending the constitution that would be acceptable to all of the provinces, particularly Quebec.
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