Patriation

Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because, at the time, under the Statute of Westminster, 1931, and with Canada's agreement, the British Parliament retained the power to amend Canada's British North America Acts and to enact, more generally, for Canada at the request and with the consent of the Dominion. That authority was removed from the UK by the enactment of the Canada Act, 1982, on March 29, 1982, by the Parliament of the United Kingdom, as requested by the Parliament of Canada. A proclamation bringing the Constitution Act, 1982, into effect was signed by Elizabeth II, as Queen of Canada, Prime Minister Pierre Trudeau, and Minister of Justice Jean Chrétien on April 17, 1982, on Parliament Hill in Ottawa. The patriation process saw the provinces granted influence in constitutional matters and resulted in the constitution being amendable by Canada only and according to its amending formula, with no role for the United Kingdom. The monarch's constitutional powers over Canada were not affected by the act. Canada has complete sovereignty as an independent country; the role of monarch of Canada is distinct from that of monarch of the UK or any other Commonwealth realm. The word patriation was coined in Canada as a back-formation from repatriation (returning to one's country). Prior to 1982, power to amend the Canadian constitution was held by the Parliament of the United Kingdom (subject in some respects to request and consent from Canada); hence some have felt that the term patriation was more suitable than the term repatriation (returning something). The term was first used in 1966 by Prime Minister Lester B. Pearson in response to a question in Parliament: "We intend to do everything we can to have the constitution of Canada repatriated, or patriated." From 1867, the constitution of Canada was primarily contained in the British North America Act, 1867 and other British North America Acts, which were passed by the Parliament of the United Kingdom.