The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (UK)) is a part of the Constitution of Canada. The act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867. Elizabeth II, as Queen of Canada, brought the act into effect with a proclamation she signed in Ottawa on April 17, 1982.
The Canadian Charter of Rights and Freedoms forms the first thirty-five sections (counting Section 16.1 and not counting Section 35) of the Constitution Act, 1982.
As of 2015, the government of Quebec has never formally approved of the enactment of the act, though formal consent was never necessary. Nonetheless, it has remained a persistent political issue in Quebec. The Meech Lake and Charlottetown Accords were designed to secure approval from Quebec, but both efforts failed to do so.
Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights. The Charter is intended to protect certain political and civil rights of people in Canada from the policies and actions of all levels of government. It is also supposed to unify Canadians around a set of principles that embody those rights. The Charter was preceded by the Canadian Bill of Rights, which was introduced by the government of John Diefenbaker in 1960. However, the Bill of Rights was only a federal statute, rather than a constitutional document. Therefore, it was limited in scope and was easily amendable. This motivated some within government to improve rights protections in Canada. The movement for human rights and freedoms that emerged after World War II also wanted to entrench the principles enunciated in the Universal Declaration of Human Rights. Hence, the government of Prime Minister Pierre Trudeau enacted the Charter in 1982.
The Constitution Act 1986 is the principal formal statement of New Zealand's constitution. It ended the last remaining associations of New Zealand with the British Parliament.
Background
1984 constitutional crisis
After the 1984 election, there was an awkward transfer of power from the outgoing Third National government to the new Fourth Labour government in the midst of a financial crisis. Outgoing Prime Minister Sir Robert Muldoon was unwilling initially to accept instructions from the incoming Prime Minister-elect David Lange to devalue the currency. Eventually he relented, but only after his own party caucus had threatened to replace him.
An Officials Committee on Constitutional Reform was established by the Labour Government to review New Zealand's constitutional law, and the Constitution Act resulted from two reports by this Committee. The issue of the transfer of power from incumbent to elect governments (and hence prime ministers) was not resolved by this Act, however, and the transfer of executive powers remains an unwritten constitutional convention, known as the 'caretaker convention'.
The New Zealand Constitution Act 1852 (15 & 16 Vict. c. 72) was an Act of the Parliament of the United Kingdom that granted self-government to the Colony of New Zealand. It was the second such Act, the previous 1846 Act not having been fully implemented.
The Act remained in force as part of New Zealand's constitution until it was repealed by the Constitution Act 1986.
The long title of the Act was "An Act to Grant a Representative Constitution to the Colony of New Zealand". The Act received the Royal Assent on 30 June 1852.
Background
The New Zealand Company, which was established in 1839, proposed that New Zealand should have representative institutions, and this was consistent with the findings of the Durham Report, which was commissioned during 1838 following minor rebellions in Upper and Lower Canada. The first settlement of the company, Wellington, briefly had its own elected council during 1840, which dissolved itself on the instruction of Lieutenant Governor William Hobson. The first New Zealand Constitution Act was passed in 1846, though Governor George Grey was opposed to its proposed division of the country into European and Māori districts. As a result, almost all of the Act was suspended for six years pending the new Act of 1852, the only operative part of the 1846 Act being the creation of New Zealand's first provinces, New Ulster Province and New Munster Province. In the meantime, Grey drafted his own Act which established both provincial and central representative assemblies, allowed for Māori districts and an elected Governor. Only the latter proposal was rejected by the Parliament of the United Kingdom when it adopted Grey's constitution.
The Constitution Act, 1867 (originally enacted as The British North America Act, 1867, and referred to as the BNA Act), is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. The British North America Acts, including this Act, were renamed in 1982 with the patriation of the Constitution (originally enacted by the British Parliament); however, it is still known by its original name in United Kingdom records. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.