The Charter at 40

The Charter at 40
1982 Patriation of the Constitution

UPDATED April 14, 2022 1:31pmET

This week marks the 40th anniversary of a seminal moment in Canada's political history and democratic evolution. 

The Canadian Constitution came home on April 17, 1982 when Queen Elizabeth signed a proclamation on Parliament Hill bringing the Constitution Act into force.

Patriation gave Canada full national sovereignty and the ability to amend the country's most fundamental laws without the say or approval of the British Parliament at Westminster.

The other aspect of the new constitution -- a Charter of Rights and Freedoms -- provided a protected set of rights and freedoms that went beyond previous legislative measures.

But it emerged from a complex, arduous and often bitter negotiating process.

Quebec's refusal to ratify the new Constitution led to more talks over the next decade -- and no agreement. And there was tension over what should be included in the new Charter -- and whether Parliament or the courts should have the last say.

Watch the CPAC documentary Law of the Land: Canada's Charter

Outburst: Marking the 40th Anniversary

Here's a closer look at how we reached this point, with some key constitutional moments since Confederation.

1867

The British North America Act passes through the British Parliament, creating the Dominion of Canada.

1919

Canada achieves its own representation within the British Empire delegation to the Paris Peace Conference following the First World War.

Canada signed the Treaty of Versailles along with the other British Dominions and later sat in the League of Nations. Canadians had automatically gone to war in 1914 with the British Empire.

1926

An Imperial Conference results in the Balfour Report, which defines British dominions as autonomous communities.

1931

The Statute of Westminster confirms Canada's legislative autonomy, though the power to amend the constitution continues to reside with the United Kingdom.

But Canadian politicians could not agree on a suitable amending formula at conferences in 1927 and this year. Amendments to the BNA Act still need a formal vote in British Parliament.

1960

John Diefenbaker's government passes a Bill of Rights. It is not entrenched in the constitution, however, and only applies to federal jurisdiction.

1971

The Victoria Conference gives hope to an agreement between Ottawa and the provinces. Quebec Premier Robert Bourassa, however, rejects the plan.

1978

Two first ministers' conferences end in failure, following meetings in 1975 and 1976.

1980

A May referendum on Quebec sovereignty wins only 40.4-per-cent support. 

On June 10 the federal government tables a "Statement of Principles for a New Constitution" and Priorities for a New Canadian Constitution in the House of Commons. 

Later that year, Justice Minister Jean Chrétien kicks off debate on unilateral patriation of the Canadian Constitution:

Meanwhile, the Special Joint Committee on the Constitution of Canada sits from November 1980 to February 1981 — the first parliamentary committee to have its proceedings televised.

Its 25 MPs and senators would hold more than 100 meetings and receive nearly 1,000 written submissions. They consider issues that have defined debate — and court cases — about the Charter ever since: civil liberties, women’s rights, sexual orientation, religion, Indigenous rights, and language. 

Why was the Special Joint Committee significant? Here’s University of Ottawa law professor Adam Dodek with CPAC's Peter Van Dusen in 2017:

1981

The Supreme Court rules that Ottawa has the legal right to push forward alone on patriation, but historical convention requires substantial consent from the provinces.

Intense negotiation surrounds the constitutional conference that took place in Ottawa in early November. Prime Minister Pierre Trudeau, supported by Ontario and New Brunswick, has to contend with the "Gang of Eight" of premiers who oppose patriation without their consent.

The so-called "kitchen accord" between Attorney General Jean Chrétien and his Ontario and Saskatchewan counterparts (Roy McMurtry and Roy Romanow) leads to agreement on the "notwithstanding clause" in exchange for the premiers dropping their demand to "opt out" of federal programs and receive equivalent funding.

Quebec Premier René Lévesque refuses to sign the accord.

On Nov.5, Trudeau addressed the House of Commons after reaching the agreement. Opposition Leader Joe Clark and NDP Leader Ed Broadbent respond.

On Nov. 20, Chrétien, Clark, and Broadbent take part in the debate on the final resolution concerning patriation:

Here's how the federal government described those tense days in "The Constitution and You," a pamphlet designed to inform Canadians about patriation:

"It wasn't easy. Along the way, we were subjected to long and often angry debate .. the 11 first ministers resumed bargaining in early November of 1981, and in our uniquely Canadian way the breakthrough came with the kind of consensus that had eluded our leaders for more than half a century. The constitutional impasse was at last broken. Canada was finally able to complete the process of gaining full independence that had begun nearly 115 years ago."

1982 

Queen Elizabeth travels to Ottawa to sign a proclamation bringing the Constitution Act into force. It incorporates the BNA Act and adds several items, including the Charter of Rights and Freedoms, an amending formula, the equalization principle, and greater provincial control over natural resources.

Trudeau calls it "not the completion of our task, but the renewal of our hope. Not so much an ending, but a fresh beginning."

1990

The Meech Lake Accord fails after a multi-year process. The measures included recognition of Quebec as a "distinct society" and a constitutional veto for the provinces. Aboriginal groups protested that they were left out of the negotiations.

1992

Canadian voters reject the Charlottetown Accord in a national referendum.

1995

The "NO" side narrowly wins a Quebec referendum on independence from Canada.

2006

The House of Commons passes a motion by a vote of 265 to 16: That this House recognize that the Québécois form a nation within a united Canada. Intergovernmental Affairs Minister Michael Chong resigns from cabinet in opposition to the motion. Watch CPAC's full coverage from that historic day.

2021 

MPs vote 281 to 2 in favour of a Bloc Québécois motion supporting Quebec's Bill 96, which would unilaterally amend the Constitution and use the notwithstanding clause to confirm 1) Quebec nationhood, and 2) French as the province's official and common language.

TOP PHOTO: The Queen signs Canada's constitutional proclamation in Ottawa on April 17, 1982 as Prime Minister Pierre Trudeau looks on. THE CANADIAN PRESS/Ron Poling