The sovereignty of Canada is, in legal terms, the power of Canada to govern itself and its subjects; it is the ultimate source of Canada's law and order. Sovereignty is also a major cultural matter in Canada. Several matters currently define Canadian sovereignty: the Canadian monarchy , telecommunication , the autonomy of the provinces , and Canada's Arctic border.
112-424: [REDACTED] Canada portal 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
224-597: A British law which purported to be binding in Canada just as invalid in Canada "as a law enacted for Canada by Portugal ." Paul Romney argued in 1999 that, regardless of what the British authorities did, the constitutional principle of responsible government in Canada denied them the right to ever again legislate for Canada; he stated: "[T]he constitutional convention known as responsible government entailed legal as well as political sovereignty. Responsible government meant that
336-588: A century, until policy shifted to self-determination for Indigenous peoples, to be achieved through treaties and self-government agreements. Unlike in the United States, Indigenous peoples in Canada are not considered to be sovereign; rulings by the Supreme Court of Canada reinforced the notion that the Crown holds sovereignty throughout the country. A still burgeoning jurisprudence developed by
448-441: A charter without language rights and constitutional amendment by any seven provinces, regardless of population and the removal of financial compensation, while Bennett would allow Trudeau his language rights provisions in exchange for other considerations. Lyon and Lévesque were angered and refused to go along, with Lougheed successfully suggesting the ideas be proposed to test Trudeau's negotiating position. In return, Trudeau launched
560-491: A charter would fail, agreed in principle. Trudeau promptly announced a "Canada–Quebec alliance" on the issue to the press, stating " the cat is among the pigeons ." The other seven opposition premiers were startled: Campaigning against the protection of rights was generally seen as political suicide and a national referendum could be seen as "conventionalizing" the charter without the need for provincial approval. Further, Canadians nationwide were mostly in agreement with Trudeau on
672-574: A completely sovereign nation. Charles III , King of Canada, as well as of the United Kingdom and 13 other Commonwealth realms , is the country's monarch and, as such, is the focus of the Oath of Allegiance taken by various government officials, civil servants, military members, and new citizens. The King is constitutionally vested with legislative , executive , and judicial power. However, sovereignty in Canada has never rested solely with
784-536: A custom air horn that sounded the first four notes of " O Canada ." The train was inaugurated on January 9 in Victoria and made 83 stops across the country before reaching its final stop in Montreal on December 5. The Bank of Canada issued into circulation a redesigned version of the $ 1 banknote from the 1954 Series . The image on the reverse of this version shows the original Parliament Buildings , and
896-418: A different six-to-three majority, the court said that the constitution was made up as much of convention as written law and ruled that a unilateral patriation was not in accordance with constitutional convention. Although the courts enforce laws, not constitutional conventions, the court's decision stated that agreement by a "substantial" number of premiers would be required to abide by the convention. This number
1008-572: A general opening toward the provincial proposal, though Trudeau declared the charter was non-negotiable. On November 3, a compromise put to Trudeau involving amending the Group of Eight's proposal with a limited charter was met with a blunt refusal, with federal officials declining a "gutted charter", while Lévesque and Trudeau argued on the language provisions of the charter. On November 4, the premiers' breakfast meeting saw two new proposals floated: The Premier of Saskatchewan, Allan Blakeney , would accept
1120-539: A less certain view of how things might proceed through the British legislature, sensing the provincial opposition would make the legislation controversial in Parliament. Trudeau announced his belief that the premiers were dealing in bad faith and met with his caucus to propose a new course. After offering a wide range of options and proposing full reform, a Quebec MP shouted " Allons-y en Cadillac! " (translated by Trudeau to mean "let's go first class ... be liberal to
1232-503: A margin of 50.58 per cent "no" to 49.42 per cent "yes") proposed "sovereignty", along with an optional partnership offer to the rest of Canada, asking the question, "do you agree that Québec should become sovereign after having made a formal offer to Canada for a new economic and political partnership within the scope of the bill respecting the future of Québec and of the agreement signed on June 12, 1995?" This proposed an economic and political “partnership” with Canada; sovereignty-partnership
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#17327754427721344-584: A new and distinctively Canadian typeface . The first proof of Cartier was published as "the first Canadian type for text composition" to mark the centenary of Canadian Confederation . The Canadian Armed Forces contributed to Centennial celebrations by producing a military tattoo unlike any other in Canadian history. It was formed in Picton, Ontario in February 1967 by members from the three branches of
1456-444: A new federal initiative to the premiers: patriate the constitution as it was, but continue debates for two years and, if deadlock resulted, hold a national referendum on the amending formula and charter. Lévesque, fearing the alliance was crumbling and facing mocking remarks by Trudeau that as a "great democrat" (especially after the recent referendum he initiated on Quebec's independence), but confident he could ensure any referendum on
1568-467: A proposal brought to the meeting by the Newfoundland delegation. Efforts were made to reach the other provinces, including Quebec, but to no avail. Peckford further asserted that Chrétien was not contacted and he had no knowledge of the "so-called kitchen meetings". The proposal agreed upon that night was essentially the same as the Newfoundland delegation's, except for minor alterations to wording and
1680-685: Is a constitutional monarchy . Though unitary, the Canadian Crown is also "divided" equally among the country's 11 jurisdictions : one federal (wherein the sovereign is represented by the governor general ) and 10 provincial (the monarch being represented in each by a lieutenant governor ). The greater autonomy of each province and territory within the construct of Canadian federalism is also important to Canadian sovereignty. Quebec has twice voted on seceding from Canada . Sovereignty has also been an issue for some of Canada's indigenous peoples . Canada's Telecommunications Act "specifies
1792-558: Is legislated to be owned and controlled by Canadians. In this case, the Canadian Broadcasting Corporation , inaugurated 2 November 1936, has had the role of representing Canadians. CBC was established by the Broadcasting Act , which received royal assent on 23 June 1936, following "a royal commission that was concerned about the growing American influence in radio ." Radios, television, and
1904-560: Is the personification of each provincial state . The Fathers of Confederation viewed this system of constitutional monarchy as a bulwark against any potential fracturing of the Canadian federation . As the institution from which the power of the state flows, the terms the Crown in Right of Canada , His Majesty in Right of Canada , and the King in Right of Canada or any of those terms with
2016-567: The British North America Act, 1867 , be excluded from the laws that were now within Canada's complete control to amend; until 1949, the constitution could only be changed by a further act at Westminster . The British North America (No.2) Act, 1949 , granted the Parliament of Canada limited power to amend the constitution in many areas of its own jurisdiction, without involvement of the United Kingdom. The constitution
2128-742: The Caribana parade and festival was launched in 1967 as a celebration of Caribbean culture, and as a gift from Canada's West Indian community in tribute to the Centennial year. The Centennial Voyageur Canoe Pageant was a canoe race started on May 24 in the Rocky Mountains by ten teams representing eight provinces and the two territories. Two provinces were not entered. 3,283 miles were paddled and portaged in 104 days by 100 men using six man shifts per team. They arrived in Montreal on September 4. Other privately sponsored canoes from across
2240-524: The Fulton–Favreau formula , but without Quebec 's endorsement, the patriation attempt failed. In 1968, Pearson was succeeded by Pierre Trudeau , who also advocated patriation. He made several attempts, including the Victoria Charter in 1971 and more proposed amendments in 1978. At the 1978–1979 conference, Trudeau prepared for the first time to provide some federal concessions with regard to
2352-553: The Parliament of the United Kingdom . Several Canadian prime ministers , starting with William Lyon Mackenzie King in 1927, had made attempts to domesticize the amending formula, but could not obtain agreement with the provincial governments as to how such a formula would work. Thus, even after the Statute of Westminster granted Canada and other Commonwealth nations full legislative independence in 1931, Canada requested that
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#17327754427722464-496: The Quiet Revolution . René Lévesque introduced the concept of sovereignty-association in his manifesto, Option Québec (An Option for Quebec) , published in 1967, proposing an association between the governments of Quebec and Canada, evolving from an agreement under international law. Lévesque saw this as the ultimate goal of Quebec separatism. In October 1978, by which time Lévesque was Premier of Quebec , he spelled out
2576-579: The Saskatchewan First Act on 16 March 2023. The Federation of Sovereign Indigenous Nations opposed the bill, stating the Executive Council failed in its duty to consult. The Métis Nation—Saskatchewan unanimously rejected the Saskatchewan First Act , stating it "does nothing to advance or recognize Métis rights." Canadian Centennial The Canadian Centennial was a yearlong celebration held in 1967 to celebrate
2688-588: The Statute of Westminster by removing the "request and consent" provision. Elizabeth II then, as Queen of Canada , proclaimed the patriated constitution in Ottawa on April 17, 1982. Today I have proclaimed this new constitution [...] There could be no better moment for me, as Queen of Canada, to declare again my unbounded confidence in the future of this wonderful country. Elizabeth II , Queen of Canada , Ottawa , Ontario, April 17, 1982 Canada had established
2800-692: The United Nations Convention on the Law of the Sea , a country has a 10-year period to make claims to extend its 200-nautical-mile zone . Due to this, Norway (ratified the convention in 1996 ), Russia (ratified in 1997 ), Canada (ratified in 2003 ) and Denmark (ratified in 2004 ) launched projects to base claims that certain Arctic sectors should belong to their territories. The United States has signed, but not yet ratified this treaty . The status of
2912-748: The United Nations Declaration on the Rights of Indigenous Peoples . Under international law, no country currently owns the North Pole or the region of the Arctic Ocean surrounding it. The five Arctic states—Canada, Denmark (via Greenland ), Norway , Russia , and the United States (via Alaska )—are limited to a 200- nautical-mile (370 km; 230 mi) economic zone around their coasts. Upon ratification of
3024-464: The 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
3136-403: 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 the monarch of Canada is distinct from that of
3248-460: The 100th anniversary of Canadian Confederation . Celebrations in Canada occurred throughout the year but culminated on Dominion Day , July 1. Commemorative coins were minted, that were different from typical issues with animals on each — the cent , for instance, had a dove on its reverse. Communities and organizations across Canada were encouraged to engage in Centennial projects to celebrate
3360-673: The 17th and 18th centuries, governmental institutions in areas that today comprise Canada. As such, Canada was affected by the conflicts in England in the 17th century, between monarch and parliament, over which was the ultimate authority, culminating in the Glorious Revolution of 1688 and the Bill of Rights, 1689 , which is today part of Canadian law. With the enactment of the British North America Act, 1867 ,
3472-457: The American notion of the supremacy of the law . Nonetheless, the monarch is still the sovereign of Canada. The term the Crown is used to represent the power of the monarch and the royal authority is symbolized by elements included in the insignia of various government institutions, the main one being the crest of the royal coat of arms of Canada —a gold lion standing on a wreath of
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3584-610: The Arctic area, such as when, in 1970, the federal Cabinet advised the Queen of Canada , Elizabeth II , along with her husband, Prince Philip, Duke of Edinburgh , and two of her children, Prince Charles (now King Charles III ) and Princess Anne , to tour Inuvik and Tuktoyaktuk , in the Northwest Territories , the latter being on the coast of the Northwest Passage. To emphasise the point, Charles returned
3696-553: The Arctic sea region is in dispute. While Canada (since 1925 ), Denmark, Russia, and Norway all regard parts of the Arctic seas as "national waters" or " internal waters ", the United States and most European Union countries officially regard the whole region, including the Northwest Passage , as international waters . The Canadian government considers the Northwest Passage to be Canadian Internal Waters . Canada has orchestrated certain events to assert its sovereignty in
3808-692: The British Parliament the necessary legislation to patriate the constitution. The resolution contained the text of what was to become the Canada Act, 1982 , which included the Constitution Act, 1982 . Though certain British parliamentarians continued to oppose the bill based on concerns about the rights of Canada's Indigenous peoples, the Parliament at Westminster passed the Canada Act, 1982 , and Queen Elizabeth II , as Queen of
3920-619: The CBC have significantly helped reunite Canadians and build its sovereignty. The Legislature of Alberta enacted, on 15 December 2022, the Alberta Sovereignty Within a United Canada Act , with the Executive Council claims to give " Alberta a democratic legislative framework for defending the federal-provincial division of powers while respecting Canada's constitution and the courts" and will be used only when
4032-496: The Canada Bill was constitutional. Nova Scotia and Saskatchewan remained neutral. At the insistence of British Columbia, the premiers who opposed unilateral patriation drafted an alternative proposal to showcase the disagreement between the sides and to counter the federal government's charges of obstructionism if the document were to proceed to Westminster. The idea was for patriation to take place with no charter of rights and
4144-581: The Centennial Commission, convened in January 1963, various projects were commissioned to commemorate the Centennial year. The prime minister, Lester Pearson , appointed in 1965 a committee headed by Ernest Côté to plan events in Ottawa for 1967. The CBC commissioned Gordon Lightfoot to write the song the " Canadian Railroad Trilogy " for broadcast on January 1, 1967. The Canadian Government commissioned typographer Carl Dair to create
4256-616: The Crown in each sphere within Canadian Confederation is also taken to be immune from the Crown in the other spheres; though, the degree to which has changed with the enactment of certain laws and changes in legal thinking. British colonial policy in what is today Canada acknowledged Indigenous tribes as sovereign nations. After Confederation in 1867, the federal approach moved toward the earlier, absolute French Crown 's desire for cultural assimilation and Canadian government policy continued that way for approximately
4368-677: The Quebec referendum and abhorred the possibility of another one, recommended the compromise to Trudeau, but the Prime Minister felt, given the previous chaos, it would still be impossible to obtain the agreement of his provincial counterparts and demurred. In the evening, Davis, however, agreed in principle to the compromise and told Trudeau that he should do so as well, informing him he would not be on his side if he proceeded unilaterally at that point. Trudeau, who knew that his position in London
4480-644: The Queen having signed the Constitution Act, 1982 . As constitutional scholar Robin White has noted, some might think that, since the Canada Act, 1982 , is British as well as Canadian law, the United Kingdom could theoretically repeal it and declare its laws to be binding in Canada. Peter Hogg, however, disputes this view, noting that since Canada is now sovereign, the Supreme Court of Canada would find
4592-402: The Queen of Canada could constitutionally act for Canada only on the advice of her Canadian ministers. If the British Parliament were to legislate for Canada, except at the request of the competent Canadian authorities, and the Queen assented to that legislation on the advice of her British ministers, Canadian courts would refuse to enforce that legislation." Canadian sovereignty Canada
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4704-727: The Supreme Court's rulings, some aboriginal groups have taken to using names that suggest sovereignty on the part of their members, such as the Federation of Sovereign Indigenous Nations in Saskatchewan, which changed its name from the Federation of Saskatchewan Indian Nations in 2016, while others, like the Chiefs of Ontario and the Union of British Columbia Indian Chiefs, claim First Nations are sovereign. Canada in 2016 endorsed
4816-837: The U.S., Europe and even Russia but the Prime Minister at the time scuttled the idea. CBC Television and the National Film Board of Canada filmed the Tattoo, as did the Military. Tattoo 1967 was the largest undertaking by the military during peacetime and has never been reproduced since. The Tattoo depicted the military history of Canada from the first French military and settlers in Canada in 1665 right up to Canada's UN Peace Keeping role in 1967. Challenge for Change (in Quebec Societé Nouvelle )
4928-620: The UK Parliament, as well as the entrenchment of a charter of rights, and would call for a referendum to be held within two years on the amending formula for the new constitution, which would be a choice between the Victoria Charter veto formula and any joint proposal by the provinces that could be approved by provinces totalling 80% of the population. In the same month, the attorneys general of six provinces launched suits in three provincial courts, seeking clarity on whether or not
5040-458: The United Kingdom , granted royal assent on March 29, 1982, 115 years to the day when Queen Victoria gave assent to the British North America Act, 1867 . The Constitution Act, 1982 , included an amending formula involving only the federal House of Commons and Senate and provincial legislative assemblies. Section 2 of the Canada Act states that no subsequent UK law "shall extend to Canada as part of its law", while item 17 of its schedule also amends
5152-418: The United Kingdom to enact the proposals regardless of the provincial opposition. The Courts of Appeal in Newfoundland, Quebec, and Manitoba delivered their opinions on the reference questions in the second quarter of 1981. The Manitoba and Quebec Courts of Appeal answered the questions posed by their provincial governments in favour of the federal government, ruling that there was no constitutional objection to
5264-1016: The Yukon Fish and Game Association. It was a voyage down the Yukon River from Whitehorse to Dawson City commemorating the memory of the Klondike gold-seekers who sailed the Yukon River from Bennett Lake to Dawson City during the Klondike Gold Rush of 1898. On August 6, 54 craft departed Whitehorse on a ten-day voyage to Dawson carrying 108 adults, 45 children, and 9 dogs. Participants came from four provinces, thirteen states and one European country. They sailed in different types of watercraft to include rubber-rafts, canoes, kayaks, river-boats, power-boats, skiffs, cabin cruisers, and four Amphicars . In addition to these major projects there were commemorative projects throughout
5376-459: The act, as did the chiefs representing Treaties 6 , 7 , and 8 , pointing out that the Executive Council had not consulted with indigenous communities. Among potential constitutional challenges envisioned by law professors Martin Olszynski and Nigel Bankes is the "impermissible delegation of legislative authority"—the so-called " Henry VIII clause ", which gives the provincial Crown-in-Council
5488-500: The addition of a new section, and the final draft was to go to all the provinces for approval the following morning. Peckford's assertions have, in turn, been challenged by Howard Leeson, who was then the Saskatchewan Deputy Minister for Intergovernmental Affairs and present during all of the negotiations that night. He claimed that, while the officials did work from Newfoundland's draft, it was only because it
5600-556: The amending formula would permit amendment with the approval of seven provinces consisting of 50% of the population, referred to as the Vancouver Formula . The premiers' innovation was a clause allowing for dissenting provinces to "opt out" of new amendments that superseded provincial jurisdiction and receive equivalent funding to run a substitute programme if two-thirds of the members of the provincial legislature acquiesced. Nova Scotia and Saskatchewan approved of this, prompting
5712-446: The anniversary. The projects ranged from special one-time events to local improvement projects, such as the construction of municipal arenas and parks. The Centennial Flame was also added to Parliament Hill. Children born in 1967 were declared Centennial babies. In 1961, Prime Minister John Diefenbaker announced that the federal government would provide funding for the construction of about 860 buildings as centennial projects. Under
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#17327754427725824-524: The centennial as "the last good year" in his book 1967: The Last Good Year . In 1961, Prime Minister John Diefenbaker proposed a travelling exhibit on a train that would traverse the country and bring exhibits on the history of Canada to the citizens. The train consisted of six exhibit cars and seven cars for staff and equipment pulled by two diesel locomotives, one from each from Canadian Pacific Railway and Canadian National Railway . The locomotives were painted in purple, grey, and black livery and had
5936-565: The centennial year. In a political and cultural context, Expo 67 was seen as a landmark moment in Canadian history. Expo 67 in particular was a signifier of the nation's mood of extreme optimism and confidence on heading into its second century. In retrospect, the centennial is seen as a high point of Canadian aspirations prior to the anxious decade of the 1970s that saw the nation divided over issues relating to inflation , an economic recession , government budget deficits and Quebec separatism . Popular Canadian historian Pierre Berton referred to
6048-470: The charter, which the premiers of six provinces (Lyon, René Lévesque of Quebec, Bill Bennett of British Columbia , Angus MacLean of Prince Edward Island , Peter Lougheed of Alberta , and Brian Peckford of Newfoundland ) opposed as encroachments on their power; the press dubbed this the Gang of Six . Manitoba, Newfoundland, and Quebec launched references to their respective Courts of Appeal asking if
6160-803: The common front." Chrétien's role in the negotiations made him reviled among sovereigntists . Until the Quebec Liberals came to power in 1985, every law passed in Quebec used the notwithstanding clause. Further, Peckford rebuked in an article in The Globe and Mail claims the events that night resembled anything akin to the Kitchen Accord or Night of the Long Knives. According to Peckford, four premiers—from Newfoundland, Saskatchewan, Prince Edward Island, and Nova Scotia—and senior representatives from Alberta and British Columbia, worked from
6272-583: The constitution. Thatcher's reply was that the British Parliament would allow this, with provincial approval or not. After a number of days of negotiation between Trudeau and the premiers and the leak of the Kirby Memo by an "internal federal source", which antagonized Quebec, the premiers consulted at the Chateau Laurier and drafted a list of 10 powers to be devolved to the provinces in exchange for consent to patriation. Trudeau, when presented with
6384-409: The constitutional debate and the three found the monarch "better informed on both the substance and politics of Canada's constitutional case than any of the British politicians or bureaucrats." Trudeau commented in his memoirs: "I always said it was thanks to three women that we were eventually able to reform our Constitution[, including] The Queen, who was favourable... I was always impressed not only by
6496-403: The country made similar trips. In November 1967, the Confederation of Tomorrow conference was held at the newly built Toronto-Dominion Bank Tower . Called by Ontario Premier John Robarts , the summit of provincial premiers led to a new round of federal-provincial negotiations to amend the Canadian Constitution . The Yukon River Flotilla was a Centennial project organized and sponsored by
6608-431: The country. Municipal funding for approved centennial projects was matched dollar for dollar by both the province and the federal government. Providing a concrete reminder of the centennial year celebrations these projects included the 1,500 seat Norbrock Stadium in Kamloops , British Columbia, the National Arts Centre in Ottawa , the Centennial Building in Fredericton and many others. Approximately $ 25 million
6720-407: The court as saying "that patriation was legal, but not nice". Both the United Kingdom and Canada undertook contingency preparations: Margaret Thatcher 's British cabinet explored simply unilaterally patriating the constitution to Canada with an amending formula requiring unanimous approval of the provinces. Trudeau began to plan for a referendum proposing a unilateral declaration of independence in
6832-458: The court, however, is the monarch's duty to consult with and accommodate First Nations , Inuit , and Métis , where their rights and interests may be at stake. This derives "from the Crown's assertion of sovereignty in the face of prior Aboriginal occupation", with the honour of the Crown at stake. It has been argued that, by international law , the concept of domestic sovereignty should apply to Indigenous nations within Canada. Contrary to
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#17327754427726944-448: The deal as the English-speaking premiers betraying Quebec, which prompted use of the term Nuit des longs couteaux , or "Night of the Long Knives". In English Canada, Lévesque was seen as having tried to do the same to the English-speaking premiers by accepting the referendum. Among those was Brian Mulroney , who said that by "accepting Mr. Trudeau's referendum idea, Mr. Levesque [sic] himself abandoned, without notice, his colleagues of
7056-411: The decisions of the Courts of Appeal in those provinces and the federal government appealed from the decision of the Newfoundland Court of Appeal. On September 28, 1981, the court ruled (on live television, for the first time) that the federal government had the right, by letter of the law, to proceed with the unilateral patriation of the constitution (the decision was seven to two in favour). However, by
7168-407: The division of powers, including family law, fisheries, and resources. However, the other premiers balked, which led to speculation they were waiting to see if the more province-friendly Progressive Conservatives would win the coming federal election . In that campaign, the Liberals ran on constitutional change, including a speech at Maple Leaf Gardens in which Trudeau promised unilateral action if
7280-446: The document, refused to accept it and reiterated his threat that he would seek the House of Commons' approval to proceed with a unilateral amendment. Faced with Premier of Manitoba Sterling Lyon 's charge that it would "tear the country apart", Trudeau responded that, if Canada could not have control of its own constitution and a charter when most provinces had their own, the country would deserve to be torn apart. This led Thatcher to take
7392-401: The economic advantages of the federal union and the benefits of political independence. The term sovereignty-association fell out of use after the referendum on Quebec's sovereignty in 1980, replaced by the simpler term sovereignty . Whereas the question in that referendum proposed to negotiate sovereignty-association with the Canadian Crown, the referendum in 1995 (which was defeated by
7504-449: The end ... not to temper our convictions with political expediency"). Taking the proposal to Cabinet, some ministers suggested using the manoeuvre to increase federal power over the economy, but Trudeau demurred, replying "we shouldn't upset the balance". On October 2, 1980, he announced on national television his intention to proceed with unilateral patriation in what he termed the "people's package". The proposal would request patriation from
7616-399: The event of a United Kingdom refusal. The decision set the stage for a meeting amongst all premiers and Trudeau in Ottawa , on November 2, 1981. The conference opened with Trudeau announcing an openness to a new amending formula, Davis postulating that his cabinet could accept an agreement without an Ontario veto, and Hatfield proposing deferral of some elements of a charter. This was seen as
7728-415: The federal Cabinet could request the British Parliament pass legislation that would alter the balance of power between the provincial and federal crowns without the support of provincial governments. The British government became adverse to introducing any bill that might be found to be unconstitutional. Trudeau found new allies in Premiers Bill Davis ( Ontario ) and Richard Hatfield ( New Brunswick ) and
7840-411: The federal New Democratic Party, under Ed Broadbent, announced its support after persuading Trudeau to devolve some resource powers to the provinces. The Prime Minister's proposal in the House of Commons, which would be tabled as the Canada Bill, invited Aboriginal, feminist, and other groups to Ottawa for their input on the charter of rights in legislative committees. However, there was disagreement over
7952-426: The federal and provincial parliaments each having the sovereign ability to make law, as granted by the Constitution Act, 1867 , can lead to conflicts over jurisdiction, which the courts resolve by ruling on which source of sovereign power trumps the other. Per the convention of sovereign immunity , the monarch, whether in his federal or provincial jurisdictions, is free from the scope of foreign courts. Domestically,
8064-467: The federal government proceeding unilaterally. The Court of Appeal of Newfoundland, however, ruled in favour of the provincial government. It held that both as a matter of constitutional law and constitutional convention, the federal government could not request the proposed amendments from the British Parliament without the consent of the provinces. The case was then appealed to the Supreme Court of Canada . The governments of Manitoba and Quebec appealed from
8176-473: The federal powers of disallowance and reservation from the draft Constitution. At the end of this period of negotiations, René Lévesque left to sleep at Hull, a city on the other side of the Ottawa river, before leaving he asked the other premiers (who were all lodged in Ottawa) to call him if anything happened. Lévesque and his people, all in Quebec, remained ignorant of the agreement until Lévesque walked into
8288-463: The final step in complete sovereignty as an independent country, with the Queen's role as monarch of Canada separate from her role as the British monarch or the monarch of any of the other Commonwealth realms. Paul Martin Sr , who was in 1981 sent, along with John Roberts and Mark MacGuigan , to the UK to discuss the patriation project, noted that, during that time, the Queen had taken a great interest in
8400-523: The following day and head to Westminster if agreement was not reached. Peckford announced that Newfoundland would forward a proposal the next day. Lévesque and the Quebec delegation went to sleep in Hull, Quebec , for the night. That afternoon—November 4, 1981—the Minister of Justice , Jean Chrétien , met with Attorney General of Saskatchewan Roy Romanow and Attorney General of Ontario Roy McMurtry in
8512-468: The following year to scuba dive under the Arctic ice. In 1969, the SS Manhattan , an American oil tanker , became the first commercial vessel to transit the passage, prompting much debate about Canada's claims to that body of water. In August 2007, Canada's claims in the Arctic were challenged after a Russian underwater expedition to the North Pole . Telecommunications play an essential role in
8624-461: The goal. However, the latter is the term most commonly employed. The most apparent reason for separatism is Quebec having a Francophone or predominantly (80%) French-speaking ( French-Canadian or Québécois ) majority, as compared to the rest of Canada, which consists of eight overwhelmingly (greater than 90%) English-speaking provinces and New Brunswick , which is officially bilingual and about one-third French-speaking. The origins and evolution of
8736-401: The grace she displayed in public at all times, but by the wisdom she showed in private conversation." Being aware that this was the first time in Canadian history that a major constitutional change had been made without the Quebec government's agreement and Quebec's exclusion from the patriation agreement had caused a rift, the Queen privately conveyed to journalists her regret that the province
8848-487: The head of state is not a part of either the federal or provincial jurisdictions; the King reigns impartially over the country as a whole, meaning the sovereignty of each jurisdiction is passed on not by the federal viceroy or the Canadian Parliament , but through the Crown itself. Thus, the Crown is "divided" into 11 legal jurisdictions, or 11 "crowns"—one federal and 10 provincial —and the monarch similarly
8960-686: The issue and were tired of the constant constitutional talks; The draft text of the Federal proposal was later revealed to involve the approval of Trudeau's reforms, with referendums being only if provinces representing 80% of the population demanded them within the two years. This prompted Lévesque to back away from the referendum proposal, saying it looked as though it was "written in Chinese." The conference descended again into acrimony, with Trudeau and Lévesque angrily clashing over language rights. Trudeau announced that he would attend one final meeting at 9am
9072-462: The kitchen of Ottawa's Government Conference Centre . The attorneys general discussed a scenario in which the provinces would agree to the charter and disallowing opting-out with compensation, while Chrétien agreed to the Vancouver amending formula and reluctantly offered to include the notwithstanding clause in the constitution. Chrétien, who had been deeply involved in supporting the "no" side of
9184-579: The leadership of the United Conservative Party in 2022. During the bill's third reading in the legislature, Smith explained, "it's not like Ottawa is a national government. The way our country works is that we are a federation of sovereign, independent jurisdictions. They are one of those signatories to the constitution and the rest of us, as signatories to the constitution, have a right to exercise our sovereign powers in our own areas of jurisdiction." Various Alberta politicians opposed
9296-464: The legislature passes a motion identifying a "specific federal program or piece of legislation as unconstitutional or causing harm to Albertans." The cabinet admits it will abide by court decisions if the aforementioned response is successfully challenged. The act was conceived of as a means by which the province would "no longer recognize [the federal Cabinet's and parliament's] claimed authority over provincial areas of constitutional sovereignty." It
9408-405: The maintenance of Canada's identity and sovereignty. The Parliament of Canada created the Canada's Telecommunications Act to govern the use of telecommunications. Some of its objectives are "to facilitate the orderly development throughout Canada of a telecommunications system that serves to safeguard, enrich, and strengthen the social and economic fabric of Canada and its regions [...] Promote
9520-532: The military providing service personnel at the Picton base for training purposes. The "show" was produced by Colonel Ian Fraser of the Black Watch and would eventually included 1700 military men and women in a show that would travel across Canada from March to November performing over 150 performances. Some said that Tattoo 1967 was the major event that year and there were calls to have the Tattoo travel through
9632-564: The modern polity of Canada was founded and was granted self-government. Sovereignty was "carried over" into Canadian constitutional law, but the country's government and legislature were still under the authority of the monarch in her British Council and parliament at Westminster and the final court of appeal was the Judicial Committee of the Privy Council . According to the Supreme Court of Canada , Canadian "sovereignty
9744-554: The monarch, due to the constitutional theories of Edward Coke , refined by Albert Venn Dicey , and the Bill of Rights 1689 , later inherited by Canada, establishing the principle of parliamentary sovereignty ; the British model of legislative sovereignty vesting in the king-in-parliament. This was later superseded by the Canadian Charter of Rights and Freedoms (within the Constitution Act, 1982 ), which brought into Canada
9856-542: The movement are actually fairly complex, however, and extend beyond simply language issues. Some scholars may point to historical events as framing the cause for ongoing support for sovereignty in Quebec, while more contemporary pundits and political actors may point to the aftermath of more recent developments like the Meech Lake Accord or the Charlottetown Accord . The movement itself began in
9968-442: The name of a province replacing Canada , may also be used to refer to the entire executive of the government in each jurisdiction . I want the Crown to be seen as a symbol of national sovereignty belonging to all. It is not only a link between Commonwealth nations, but, between Canadian citizens of every national origin and ancestry. Elizabeth II , Queen of Canada, Toronto , Ontario, 1973 This division of sovereignty, with
10080-499: The need for national ownership and control of Canadian carriers". Since 2005, arctic ice melting in Northern Canada has caused issues affecting Canadian sovereignty, as some arctic countries have come in conflict over an agreement on who owns certain areas in the oil-rich Arctic. The origins of Canada's sovereignty lie in the constitutional English and British crowns and the absolute French crown establishing, in
10192-424: The obverse includes a green monochrome adaptation of the stylised maple leaf Centennial logo marked with the years 1867 and 1967. Two variants of the design were printed; the first had the serial number at the top of the obverse, whereas the second and more common variant had the years 1867 and 1967 printed twice flanking the apex of the coat of arms. The Canadian Centennial Medal was issued in 1967 to commemorate
10304-412: The official colours of Canada, wearing the royal crown, and holding a red maple leaf in its right paw—a symbol of Canadian sovereignty. The King's coat of arms themselves are considered a symbol of Canada's sovereignty. The authority of the monarch is also communicated through the names of various government institutions, such as Court of King's Bench and King's Printer . In Canada's federal system ,
10416-519: The power to amend laws without debate in the legislature —and added that the bill was both "significant" and "unprecedented" in the way it intrudes into the jurisdiction of Canada's superior courts. The Quebec sovereignty movement is a political movement aimed at attaining independent statehood for the province of Quebec , with future possibilities of various collaborations with Canada, including sovereignty-association . In practice, separatism , independence , and sovereignty are all used to describe
10528-419: The premiers did not agree to patriation. Patriation was given a new impetus after the 1980 referendum on Quebec independence , before which Trudeau promised a new constitutional agreement if the majority of Quebecers voted "No". As the referendum did result in a majority rejecting separation, Trudeau approached his British counterpart, Margaret Thatcher , to inform her the Canadian government wanted to patriate
10640-534: The premiers' breakfast and was told the agreement had been reached. Lévesque refused to give his support to the deal and left the meeting; the government of Quebec subsequently announced on November 25, 1981, that it would veto the decision. However, both the Quebec Court of Appeal and the Supreme Court, which issued its ruling on the matter on December 6, 1982, stated that Quebec had never held such veto powers. The events were divisive. Quebec nationalists saw
10752-612: The presence in the National Archives of Canada of the Kitchen Accord leaves no doubt about its existence and it was one of several crucial linkages in the patriation negotiations. With the agreement of the majority of provincial governments, the federal government moved to implement the patriation package. Joint resolutions of the Canadian House of Commons and the Senate requested that the Queen cause to be introduced in
10864-509: The press to now call the opposition premiers the Gang of Eight . Trudeau rejected the proposed document out of hand and again threatened to take the case for patriation straight to the British Parliament "[without] bothering to ask one premier." The federal Cabinet and Crown counsel took the position that if the British Crown—in Council, in Parliament, and on the bench—was to exercise its residual sovereignty over Canada, it did so at
10976-619: 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
11088-404: The request of the federal ministers of the Crown only. Further, officials in the United Kingdom indicated that the British Parliament was under no obligation to fulfill any request for legal changes made by Trudeau, particularly if Canadian convention was not being followed. The British Commons Foreign Affairs Committee drafted a report in January 1981 stating it would be wrong for the Parliament of
11200-427: The requirements for sovereignty-association in his White Paper on Sovereignty-Association , calling for a common monetary system and a free trade zone, permitting the free passage of goods and people between Quebec and Canada. Any disputes would be settled by a "community council", composed of an equal number of ministers from each side and presided over, alternately, by a Canadian and a Quebecer. This would give Quebec
11312-486: 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
11424-631: The use of Canadian transmission facilities for telecommunications within Canada and between Canada and points outside Canada [...] To respond to the economic and social requirements of users of telecommunications services [...] And to contribute to the protection of the privacy of persons." Furthermore, the Telecommunications Act references the Broadcasting Act , which prescribes that broadcasting has an important role in Canadian sovereignty. The Canadian broadcasting system
11536-501: Was a participatory film and video project created by the National Film Board of Canada in 1967 as a response to the Centennial. Active until 1980, Challenge for Change used film and video production to illuminate the social concerns of various communities within Canada, with funding from eight different departments of the Canadian government . The impetus for the program was the belief that film and video were useful tools for initiating social change and eliminating poverty. In Toronto,
11648-534: Was acquired in the period between its separate signature of the Treaty of Versailles in 1919 and the Statute of Westminster, 1931 ", which brought the Balfour Declaration of 1926 into law and its enactment is considered to be moment when the separate Canadian monarchy was established. The Constitution Act, 1982 , removed the final few reliances Canada had on the British Parliament, making Canada
11760-512: Was amended in this manner five times: in 1952, 1965, 1974, and twice in 1975. Negotiations continued sporadically between federal and provincial governments on the development of a new amending formula in which the United Kingdom would have no part. In the 1960s, efforts by the governments of Prime Ministers John Diefenbaker and Lester Pearson , including the Confederation of Tomorrow conference in Canada's centennial year , culminated in
11872-513: Was based on the Free Alberta Strategy , co-authored by Rob Anderson , Barry Cooper , and Derek From. Cooper was also a co-author of the 2001 Alberta Agenda , which Premier of Alberta Danielle Smith —then a columnist and a 770 CHQR radio host—referred to in her 17 October 2019 Calgary Herald opinion piece as enabling Alberta to become, like Quebec, a "nation within a nation", a view she repeated through her campaign to win
11984-634: Was defined more as a form of political independence. Sovereignty-association, in contrast, meant a new agreement on Confederation. The Executive Council of Saskatchewan tabled the Saskatchewan First Bill in the provincial parliament on 1 November 2022, intending it to "confirm Saskatchewan's sovereign autonomy." The Attorney General and Minister of Justice , Bronwyn Eyre claimed the law would "help protect our economic growth and prosperity from intrusive federal policies that encroach upon our legislative sovereignty." The bill passed into
12096-562: Was growing tenuous, even with the support he had, accepted. Thus, working with the draft proposal created by the Newfoundland delegation, the six groups worked through the night to prepare the compromise proposal. This period would be called the Kitchen Accord ; the men at the table that night became known as the Kitchen Cabinet . In exchange for agreeing to the inclusion of the notwithstanding clause, Trudeau declined to remove
12208-436: Was largely similar to the Kitchen Accord, which had already been developed and agreed to by the governments of Ontario and Saskatchewan and was known to the federal government. Further, Peckford played only a minor role that evening, entering later, with the majority of the negotiating being done by Blakeney and Davis. Leeson concluded that Davis and Lougheed were the most important players in securing an agreement. In his opinion,
12320-605: Was made available by the Centennial Committee for local projects. Some projects, such as the Ontario Science Centre , were completed after the 1967 centennial. The 1967 International and Universal Exposition, or Expo 67 as it was commonly known, was the general exhibition, Category One World's Fair held in Montreal from April 27 to October 29. Expo 67 was Canada's main celebration during
12432-400: Was not defined and commentators later criticized the court's failure to rule that the approval of all provinces was required. The decision was controversial and a loss for the premiers. Lévesque would later remark, "in other words, Trudeau's goals might be unconstitutional, illegitimate, and even 'go against the principles of federalism', but they were legal!" Trudeau, in his memoirs, paraphrased
12544-609: Was not part of the settlement. Quebec sovereigntists have, since 1982, demanded that the Queen or another member of the Canadian Royal Family apologize for the enactment of the Constitution Act, 1982 , calling the event a part of a "cultural genocide of francophones in North America over the last 400 years". In 2002, Premier of Quebec Bernard Landry directed the executive council and lieutenant governor not to recognise Elizabeth's golden jubilee in protest of
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