17 apr 1982 anni - Constitution Act

Descrizione:

The Canadian Constitution Act replaced the British North America (BNA) Act as Canada’s constitution. Before the BNA Act was amended, Canada could not make changes without British Parliament approval, as the Act fell under British jurisdiction. The amendment was made under Prime Minister Trudeau's government, patriating Canada - giving parliament the ablility to independently make changes.

Agreeing on an amending formula was very challenging; no formula could be made to satisfy the needs of each province and territory. Many premiers believed that Trudeau's proposed constitution would put courts above provincial legislature. Quebec, especially, did not like the idea of amending the constitution, as it was believed that the ammendment would override the legislation put in place to protect its unique identity. Though multiple sessions were held to reach a final agreement, it could not be done. One late night meeting held in the kitchen of the National Conference Centre, on November 4, 1981, was the final attempt to reach an agreement. By the end of the night, the Kitchen Accord was formed, acknowledging compromise: a Notwithstanding Clause was added, giving provinces/territories the ability to avoid some clauses in the constitution. Without the Notwithstanding Clause, many regions would not have agreed to amend the constitution.

Although the compromise had been agreed by most provinces, Quebec did not. Regardless, the amendment followed through. This slowed progress in French-English relations.

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