Britain, the Charter of Rights and the spirit of the 1982 Canadian Constitution

Abstract

The Canadian Constitution remained a British statute from 1867 to 1982, a situation that endured even after the country became independent in 1931. As a result, every time Canadians wanted constitutional changes, legislation had to be passed in Westminster. Between 1980 and 1982, following the Quebec referendum on independence, the then Prime Minister Pierre Trudeau undertook to change this situation. This meant devising a Canadian amending formula and, most importantly for Trudeau, the inclusion of an entrenched bill of rights in the constitution. Trudeau's initial project was opposed by eight of 10 provinces and this situation proved difficult for the UK. The opposing provinces lobbied British lawmakers in order to convince them to vote against the federal request. That situation eventually forced Ottawa to accept a diluted version of the Charter of Rights and Freedoms.