Canada Act 1982 - History

History

Canada's political history began with the British North America Act of 1867 (currently officially called the Constitution Act). 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, the Irish Free State, New Zealand, the Union of South Africa, and the Dominion of Newfoundland ), 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.