Refimprove date February 2011 Patriation is a non legal term used in Canada to describe a process of constitution al change, also known as homecoming , of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an Act of Parliament act of the Parliament of the United Kingdom British parliament only with the consent of the Government of Canada Canadian government . Patriation thus specifically refers to making the constitution amendable by Canada only, with no role for the Parliament of the United Kingdom to play in the amending process. Hence, patriation is associated with the adoption of the Amendments to the Constitution of Canada Canadian amending formula and the corresponding acquisition of full sovereignty . The word patriation was invented in Canada and based upon the word repatriation , which means to return to one ..., the patriation attempt failed. In 1968, Pearson was succeeded by Pierre Trudeau , who also advocated patriation. He made several attempts, including the Victoria Charter in 1971 and more proposed amendments in 1978. Patriation achieved File Chretientrudeau.jpg 250px right thumb Pierre Trudeau L and Jean Chr tien R at one session of the 1981 Constitutional talks. Patriation was given a new ... rejected the proposed document out of hand, and then threatened to take the case for patriation ... Still, the case went to the Supreme Court of Canada . The Patriation Reference Main Patriation Reference ..., by letter of the law, to proceed with the unilateral patriation of the constitution the decision ... up as much of convention as written law and ruled that a unilateral patriation was not in accordance ... Trudeau, in his memoirs, paraphrased the court as saying that patriation was legal, but not nice ... such veto powers. ref cite journal last Russell first Peter H. authorlink Peter H. Russell title The Patriation ... hu Patriation ... more details
Reference re a Resolution to amend the Constitution , 1981 1 S.C.R. 753 &ndash also known as the Patriation Reference &ndash is a historic Supreme Court of Canada Reference question reference case that occurred during negotiations for the patriation of the Constitution of Canada . The Court affirmed the existence of an unwritten dimension to the Constitution and the majority held that by Constitutional convention political custom constitutional convention , amendments to the Constitution require a substantial degree of provincial consent. However, a differently constituted majority of the court held that there was no legal barrier to the federal government seeking a constitutional amendment without any provincial consent. Background Under Pierre Elliot Trudeau , the federal government of Canada sought to patriate the Constitution. Specifically, the aim of the government was to make a request to the United Kingdom Parliament then the only body with the appropriate legal authority to amend the British North America Act , adding to it a domestic amendment formula permitting Canada to henceforth modify the Constitution itself and entrenching the Charter of Rights and Freedoms . Canada would have its own constitution, with a procedure for making future amendments to it, and with a Charter of Rights. ref Lorimer, James Introduction , The Supreme Court Decisions on the Canadian Constitution , 1981, pp. vii. ref Eight Canadian provinces eventually came to oppose the government s plan. Three provincial governments Newfoundland, Quebec, and Manitoba asked for rulings from their provincial Courts of Appeal on the constitutionality of the federal government s proposed plan. ref Lorimer, James Introduction , The Supreme Court Decisions on the Canadian Constitution , 1981, pp. vii. ref Among their other reasons for opposing the plan to patriate the Constitution, these three provinces ... 1981 in case law Category 1981 in Canada canada law stub hu Patriation Reference ... more details
Gang of Eight may refer to Gang of Eight , a common colloquial term for a set of eight leaders within the United States Congress Gang of Eight Soviet Union , a group of eight high level officials within the Soviet government who attempted a coup against Mikhail Gorbachev Gang of Eight, eight Premiers that opposed Pierre Trudeau s proposed Canadian Charter of Rights and Freedoms Charter of Rights and Freedoms during patriation disambig ... more details
Quebec Veto Reference Reference re Amendment to the Canadian Constitution 1982 2 S.C.R. 793 is a Supreme Court of Canada opinion on whether there is a Constitutional convention political custom constitutional convention giving the province of Quebec a veto over Amendments to the Constitution of Canada . The issue arose during patriation debates, after the Supreme Court ruled in the Patriation Reference that there is a constitutional convention requiring a substantial degree of provincial consent for amendments to the Constitution of Canada . In November 1981, the Government of Quebec ordered that a Reference question reference be taken in the Quebec Court of Appeal, asking whether the consent of the Province of Quebec is required, by constitutional convention, for constitutional amendments affecting the legislative competence of the Quebec legislature, or the status or role of Quebec s government or legislature. On April 7, 1982, the Quebec Court of Appeal answered in the negative. By that time, the Canada Act 1982 had already been passed by the UK Parliament, though not proclaimed in force. On April 13, 1982, the Attorney General of Quebec appealed to the Supreme Court of Canada, but on April 17, 1982, the Canada Act 1982 was proclaimed in force by Monarchy in Canada the Queen . In June 1982 the Supreme Court heard the appeal. On December 6, 1982, the Supreme Court rendered judgement, upholding the opinion of the Quebec Court of Appeal that Quebec did not have a veto by constitutional convention. External links http www.uni.ca library patriation.html Text of the decision http www.parl.gc.ca information library PRBpubs bp295 e.htm Library of Parliament research report Category Supreme Court of Canada cases Category Canadian constitutional case law Category Supreme Court of Canada case articles without infoboxes ... more details
Jean Casselman Wadds , Order of Canada OC September 16, 1920 &ndash November 25, 2011 was a Canada Canadian politician, who represented the electoral district Canada electoral district of Grenville Dundas from 1958 to 1968. She sat as a member of the Progressive Conservative Party of Canada Progressive Conservative Party . Wadds was born in 1920 in Newton Robinson, Ontario . She was the daughter of William Earl Rowe Wadds and Rowe are, to date, the only father and daughter to sit as Member of Parliament MP s in the same session of Parliament. In 1946, she married Arza Clair Casselman , who represented Grenville Dundas in the House of Commons until his death in 1958, and she was elected to the same seat later that year. Wadds served as parliamentary secretary to the Minister of Health Canada Minister of Health and Welfare in 1962 and 1963. She was the first woman to serve as a parliamentary secretary in the Canadian government. In 1979, Wadds was appointed Canada s List of Canadian High Commissioners to the United Kingdom High Commissioner to the United Kingdom . She served in this capacity until 1983. During this time, the Patriation Canadian Constitution was patriated . Prime Minister Pierre Trudeau was to say of her blockquote I always said it was thanks to three women that we were eventually able to reform our Constitution. Elizabeth II of the United Kingdom The Queen , who was favourable, Margaret Thatcher , who undertook to do everything that our Parliament asked of her, and Jean Wadds, who represented the interests of Canada so well in London. ref cite book last Trudeau first Pierre Elliott title Memoirs publisher McLelland & Stewart year 1993 isbn 0771085885 url http books.google.com books?id ZtMUAAAAYAAJ&q memoirs trudeau&dq memoirs trudeau&pgis 1 accessdate 2008 10 12 ref blockquote In 1982, she was made an Officer of the Order of Canada for carrying out her duties with great competence and conscientiousness, particularly during the period of the patriation ... more details
The Night of the Long Knives was the purge of Adolf Hitler s political opponents in Nazi Germany in 1934. Night of the Long Knives may also refer to Night of the Long Knives Arthurian , the massacre of British chieftains by Saxons at peace negotiations ca. AD 460 Night of the Long Knives 1962 , British Prime Minister Harold Macmillan s dismissal of seven members of his cabinet Night of the Long Knives, the Saturday Night Massacre during the Watergate scandal in 1973 Night of the Long Knives, the Alexander Burnes First Afghan War assassination of Alexander Burnes in November 1841 in Kabul, Afghanistan Night of the Long Knives, Patriation The Kitchen Accord the Kitchen Accord in 1981 in Canada Night of the Long Knives, a song from the 1981 in heavy metal music 1981 album For Those About to Rock We Salute You For Those About to Rock We Salute You , by Australia n Rock music rock Rock band band AC DC . Night of the Long Knives, episode 14 of the 1966 67 Television series The Time Tunnel , featuring the prospect of an uprising on the India and Afghan border in 1886 at the time of Rudyard Kipling . Night of the Long Knives, a night stage in the Monte Carlo Rally Col de Turini Monte Carlo Rally over the Col de Turini . Category Quebec political phrases disambig fr Nuit des Longs Couteaux homonymie vi m c a nh ng con dao d i nh h ng zh ... more details
The Newfoundland Act was an Act of Parliament Act of the Parliament of the United Kingdom that confirmed and gave effect to the Terms of Union agreed to between the then separate British Dominions Dominions of Canada and Dominion of Newfoundland Newfoundland on March 23, 1949. It was originally titled the British North America Acts British North America Act.2C 1949 British North America Act 1949 , but was renamed in Canada on the patriation of the Canadian Constitution from the United Kingdom in 1982 . In exchange for Newfoundland becoming a province, the Canadian government took over the Newfoundland railway, Gander airport, public broadcasting, telegraph services and other services that fell under federal control. The federal government assumed responsibility for Newfoundland s debt. ref Dominion Delegation, St. John s Telegram , December 11, 2005 ref Newfoundland was also given statutory subsidies, a special subsidy of 1.1 million, the right to enter into tax rental agreements with the federal government and an additional transitional grant of 3.5 million, diminishing by 10 per cent per year for a total of 12 years. Also, as a safety net, it was agreed a Royal Commission would review finances. ref Dominion Delegation, St. John s Telegram , December 11, 2005 ref References reflist 2 External links http www.solon.org Constitutions Canada English nfa.html Newfoundland Act text UK LEG title British North America Act 1949 c.22 path ukgpa 1949 22 type ukpga Category Acts of the United Kingdom Parliament involving Canada Category Constitution of Canada Category History of Newfoundland and Labrador Category United Kingdom Acts of Parliament 1949 Category Legal history of Canada Category 1949 in Canada Category 1949 in international relations Category Dominion of Newfoundland pl Akt nowofundlandzki pt Ato de Terra Nova ... more details
Supreme Court of Canada sidebar The Supreme Court Act is an Act passed by the Parliament of Canada which established the Supreme Court of Canada . It was originally passed in 1875 as the Supreme and Exchequer Courts Act . At the time, the Supreme Court was not the supreme authority on Canadian law, as Supreme Court cases could still be appealed to the Judicial Committee of the Privy Council . The Supreme Court Act is not a part of the Constitution of Canada but rather was merely within Parliament s ability to pass by virtue of section 101 of the Constitution Act, 1867 . The Supreme Court Act also was not named as part of the Constitution during patriation in 1982, although the Court itself is mentioned in the Amendments to the Constitution of Canada amending formula . As the Court is defined in a regular statute , in theory, the Court could be abolished by an act of the federal government. However, in practice, the Court is so well entrenched into the fabric of the government that jurists see the abolition of the Court to be extremely unlikely. Section 53 Section 53 gives the government the ability to submit Reference question s. This has been controversial as the Constitution Act, 1867 provides for a general court of appeal, but not for a court that may receive reference questions however, this provision has been upheld as constitutional. ref name 1998 2 S.C.R. 217 http www.canlii.org en ca scc doc 1998 1998canlii793 1998canlii793.html ref In Reference re Secession of Quebec , the Supreme Court examined the applicability of section 53. The Quebec government argued that the right to secede was an invalid basis for a reference question, but the Court disagreed. ref name 1998 2 S.C.R. 217 See also History of the Supreme Court of Canada Notes Reflist External links http laws.justice.gc.ca en S 26 text of the act Category Canadian federal legislation Category Supreme Court of Canada Category 1875 in Canada Category 1875 in law ... more details
Infobox person name John Josiah Robinette image alt caption birth date Birth date 1906 11 20 birth place Toronto, Ontario death date Death date and age 1996 11 18 1906 11 20 death place other names alma mater University of Toronto known for occupation Lawyer nationality awards Order of Canada br Order of Ontario John Josiah Robinette , Post nominals country CAN CC OOnt November 20, 1906 &ndash November 18, 1996 was a Canada Canadian lawyer who was one of Canada s premier legal authorities and litigators. Born in Toronto , Ontario , he received a B.A. in political science from the University of Toronto in 1926. He was a member of the Beta Theta Pi Beta Theta Pi fraternity . He graduated from Osgoode Hall Law School and was called to the bar in 1929. He joined the Toronto firm of McCarthy & McCarthy now McCarthy Tetrault in 1949 and stayed until his retirement in the early 90s. He became renowned as a barrister and was lead counsel in a number of prominent cases. In 1947, he appealed and eventually won the case of Evelyn Dick after her conviction of the murder in 1946. He was lead counsel in the Patriation Reference before the Supreme Court of Canada . Robinette was also hired by opponents of the cancelled Spadina Expressway in 1971 to make their case at the Ontario Municipal Board . He was appointed King s Counsel in 1944. From 1958 until 1962 he was treasurer of the Law Society of Upper Canada. In 1973 he was made a Companion of the Order of Canada . He served as Chancellor of Trent University from 1984 to 1987. References cite web title Oxford Cup Roll N 011 work Beta Theta Pi International Fraternity url http www.betathetapi.org news awards oxfordcup 11robinette.htm accessdate April 7, 2005 cite book author George Finlayson title John J Robinette Peerless Mentor An Appreciation publisher Dundurn Press year 2003 isbn 1 55002 463 9 cite video people Alex Chapple Director , Dennis Foon, Marjorie Freeman Campbell book date 2002 title Torso The Evelyn Dick Story url h ... more details
Infobox Film name Trudeau image image size caption director Jerry Ciccoritti producer writer Wayne Grigsby narrator starring Colm Feore br Polly Shannon music Sandy Moore cinematography Norayr Kasper editing Dean Soltys studio Big Motion Pictures distributor released 31 March 2002 Canada runtime 208 min. country flagicon Canada Canada language English language English & French language French budget gross preceded by followed by Trudeau is a 2002 television miniseries dramatizing the life of former Canadian Prime Minister of Canada Prime Minister Pierre Elliott Trudeau . It aired on CBC Television and was written by Wayne Grigsby and directed by Jerry Ciccoritti . The miniseries was one of the highest rated Canadian television programs of the year. It won several Gemini Award s, including Best Actor, Best Writing and Best Direction. It follows Pierre Trudeau through the major events of his political mandates up to the patriation of the Canadian Constitution . A few of the major characters in the film notably Greenbaum and Duncan are fictional, or composite character s. A prequel, Trudeau II Maverick in the Making , came out in 2005, examining Trudeau s early life. Cast Colm Feore Pierre Elliott Trudeau Polly Shannon Margaret Trudeau Patrick McKenna Duncan Don McKellar Greenbaum Peter Outerbridge Jim Coutts Raymond Cloutier G rard Pelletier Raymond Bouchard Jean Marchand Luc Proulx Ren L vesque R. H. Thomson Mitchell Sharp Guy Richer Jean Chr tien Jean Marchand sup 1 sup Marc Lalonde Geraint Wyn Davies Bill Davis Eric Peterson Tommy Douglas Robert Bockstael Roy McMurtry Ron White actor Ron White James Sinclair politician James Sinclair Sara Botsford Kathleen Sinclair Michael Copeman Robert Stanfield Brian Heighton Brian Peckford Gary Levert Roy Romanow Jean Guy Moreau Jean Drapeau Stephen Morgan Bryce Mackasey William Parsons Lester B. Pearson Hugh Thompson Ron Basford Karl Pruner John Turner David McIlwraith Peter Lougheed Archival footage of Joe Clark , Knowlton N ... more details
1981 2 S.C.R. 181 June 22, 1981 Human rights, tort, discrimination Patriation Reference 1981 1 S.C.R. 753 September 28, 1981 patriation of the Constitution of Canada Minister of Justice v. Borowski ... more details
History of Canada The history of Canada 1982 1992 refers to the period immediately following the early 1980s, and prior to the 1993 resignation of Brian Mulroney the List of Prime Ministers of Canada 18th Prime Minister of Canada . The constitution Main Patriation In 1982, the Canada Act 1982 Canada Act was passed by the Parliament of the United Kingdom British parliament and granted Royal Assent by Queen Elizabeth II on March 29. The corresponding Constitution Act, 1982 Constitution Act was passed by the Parliament of Canada Canadian parliament and granted Royal Assent by the Queen on April 17, thus Patriation patriating the Constitution of Canada , and marking one of Trudeau s last major acts before his resignation in 1984. Previously, the constitution has existed only as an act of British parliament, and the documents remained there. At the same time, the Canadian Charter of Rights and Freedoms Charter of Rights and Freedoms was added in place of the previous Canadian Bill of Rights Bill of Rights . Some of the negotiations between provincial and federal leaders, specifically those concerning the so called Section Thirty three of the Canadian Charter of Rights and Freedoms Notwithstanding Clause , had failed to included Quebec Premier Ren L vesque . Resentment over this stab in the back led to attempts to veto the constitution, which were ultimately Quebec Veto Reference ruled out . ref http archives.cbc.ca politics constitution topics 1092 6045 Charting the Future Canada s New Constitution , CBC Archives ref Air India Disaster Main Air India Flight 182 On June 23, 1985, Air India Flight 182 exploded while at an altitude of 31,000 feet 9500 m above the Atlantic Ocean, south of Ireland all 329 on board were killed, of whom 82 were children and 280 were Canadian citizens. Up until September 11, 2001 attacks September 11, 2001 , the Air India bombing was the single deadliest terrorist attack involving aircraft. It is also the largest mass murder in Canadian history ... more details
The Calgary Declaration , also known as the Calgary Accord , ref name Choice CBC.ca, http www.cbc.ca news story 1998 04 08 chevrette980408a.html Quebecers should have a choice, Chevrette says , URL accessed December 17, 2006. ref was an agreement made between most premiers of the provinces and territories of Canada regarding how to approach future amendments to the Constitution of Canada amendments to the Constitution . It was signed in Calgary, Alberta on September 14, 1997, by all Canadian premiers and territorial leaders except Quebec s Lucien Bouchard . The Declaration had followed controversial and divisive constitutional debate in Canada seen during the patriation of the Constitution in 1982 , and the subsequent collapse of the Meech Lake Accord Meech Lake and Charlottetown Accord s. Content Both the Meech Lake and Charlottetown Accords had controversially bestowed upon Quebec the status of a distinct society . The Declaration thus parted from this trend by referring to the unique character of Quebec society rather than endorsing the recognition of Quebec as a distinct society. The role of the National Assembly of Quebec in promoting this uniqueness specified as including the predominant use of the French language , its culture of Quebec culture and its Quebec law civil law was affirmed. Notwithstanding the uniqueness of Quebec s characteristics and the characteristics of other provinces, the Declaration stated that all provinces must have legal equality. Moreover, powers gained by any province during future constitutional negotiations would also have to be offered to the other provinces. In the process, Canadian federalism was reaffirmed as the form of Canada s government, and it was stated that this system could operate to ensure Canadians would receive social services, as long as the various levels of government work in partnership while respecting each other s jurisdictions. The Declaration also affirmed equality right s including equal opportunity equalit ... more details
Refimprove date December 2007 Constitutional history of Canada Since the Constitution of Canada was patriation patriated , in 1982, only ten minor Amendments to the Constitution of Canada have been passed. There have, however, been a number of unsuccessful attempts to amend the Constitution under the new amending formula . Property Rights Amendment, 1983 On April 18, 1983, Prime Minister Pierre Trudeau expressed support for entrenching property rights in the Constitution, but only if debate were limited to a single day. The debate became engulfed in partisan tactics and eleven days later the Progressive Conservative Opposition introduced a motion of non confidence in the Canadian House of Commons that sought to entrench the right to the enjoyment of property in the Constitution. Trudeau s government was not prepared to support its own defeat by backing such a motion. In any case, its passing would dissolve the House and prevent the Senate from considering the proposed amendment. On May 2, 1983, the motion was defeated, with 88 votes in favour and 126 opposed. ref http dsp psd.pwgsc.gc.ca Collection R LoPBdP BP bp268 e.htm ref Powers of the Senate Amendment, 1984 In 1984, following the election of a Progressive Conservative majority in the House of Commons and the appointment of Brian Mulroney as Prime Minister, the Canadian Senate came under increased scrutiny. Under the Constitution of Canada , senators are appointed by the Governor General on the advice of the Prime Minister, and during his time in office Mulroney s predecessor, Pierre Trudeau, had arranged the appointment of a large number of Senators, giving the Liberal Party of Canada Liberals a majority in the upper house. There was a fear that the Senate would block Mulroney s legislation, so an attempt to amend the Constitution was made to limit the powers of the Senate. Under the proposed amendment the Senate would have a suspensive veto of 30 days on money bills and 45 days on all other bills. The proposed ... more details
Other persons Melvin Smith Melvin H. Smith , Queen s Counsel Q.C. 1934 2000 spent 31 years in the public service of British Columbia . Born in Winnipeg, Manitoba in 1934, Mel Smith graduated from UBC with Commerce and Law degrees. In 1960, Smith was called to the Bar of British Columbia. He became a B.C. public servant and served for 31 years. He was the ranking official on constitutional law and reform issues for four successive provincial administrations from 1967 to 1987. A key player in the patriation of the Constitution in 1981, Smith was also a leader in the NO campaign on the Charlottetown Accord . After retiring from government in 1991, he spent his time as a consultant, commentator and columnist for BC Report , and lecturer at Trinity Western University . He authored the best selling book Our Home or Native Land? , among many other publications and essays. Mel believed Canadians are on the threshold of achieving greater opportunity for a stronger and more balanced Canada, and felt that Canadians, as a nation, must recommit themselves to the transcendent values of hard work, loyalty, honesty, and integrity. ref cite book title Our home or native land? what governments aboriginal policy is doing to Canada last Smith first Melvin H. authorlink coauthors year 1995 publisher Fraser Institute location Victoria, B.C. isbn OCLC 32541892 url http worldcat.org oclc 32541892 ref The Mel Smith Collection This Special Collection, housed in Trinity Western University s Archives, comprises a comprehensive set of professional and personal papers chronicling the events of the most crucial period of federal provincial relations 1967 to 1992. The collection includes documents, briefing papers, position papers, correspondence, books, news clippings, photographs, and memorabilia relating to the events of these years viewed from a B.C. perspective. The collection is available to students and researchers from all institutions. The Mel Smith Scholarship Award An endowment fund has ... more details
Unreferenced stub auto yes date December 2009 Infobox leadership election party Liberal year 1984 logo Commented out because image was deleted Image Lib70s.PNG date June 16, 1984 location Ottawa winner John Turner replaces Pierre Trudeau numcands 7 ballots 2 entryfee spendcap A Liberal Party of Canada leadership election was called for June 16, 1984, to replace retiring Liberal Party of Canada Liberal leader and sitting Prime Minister Pierre Trudeau . The convention elected former Finance Minister John Turner , who at the time was not sitting in the Canadian House of Commons House of Commons , as its leader on the second ballot, defeating another former finance minister, Jean Chr tien . Candidates Jean Chr tien Unsourced image removed Image Chretienconvention.jpg right 90px Chr tien, MP for Saint Maurice electoral district Saint Maurice , was Minister of State for Social Development and Minister Responsible for constitutional negotiations, playing a significant role in the patriation of the Constitution of Canada , and he had previously served in many other senior portfolios, including a time as Minister of Finance. Supporters in caucus 1 MP Bud Cullen . Don Johnston Johnston, MP for Westmount , was President of the Treasury Board, served in several other positions. Supporters in caucus 4 MPs, 1 Senator Jack Burghardt , James Fleming Ontario politician, York West James Fleming , Bryce Mackasey , Raymond Savard and Sen. Gildas Molgat . Mark MacGuigan MacGuigan, long serving MP from Windsor Walkerville , was the Minister of Justice and was a former Minister of External Affairs. John Munro Canadian politician John Munro Munro, a long serving MP from Hamilton East electoral district Hamilton East , was Minister of Indian Affairs and Northern Development. John Roberts Canadian politician John Roberts Roberts, MP for St. Paul s , was Minister of Employment and Immigration. John Turner Turner, former MP for Ottawa Orleans , resigned as Minister of Finance and 1975, and was ... more details
jstor 137699 ref Delay in the patriation of the Canadian constitution was due in large part ... Court of Canada ruled in the Patriation Reference that provincial consent was not technically ... more details
of other Canadian provinces in the so called Patriation Canada Kitchen Compromise . It is unclear ... phase one, patriation with an amending formula and a charter, and phase two, institutional renewal including upper chamber reform, were completed. At the time, support for patriation and the charter was high ... more details
its current name in 1982, with the patriation of the constitution having originally been enacted ... and Federal responsibilities. Therefore, this Act can at best be considered a partial patriation of the Canadian Constitution. This Act was repealed in 1982 with the full patriation of the Canadian ... more details
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