Explain Constitution Act of 1982.
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Explain Constitution Act of 1982.
The Constitution Act of 1982 is a landmark piece of legislation that marked a significant milestone in Canada's constitutional development. It represents the patriation of Canada's Constitution from the United Kingdom, meaning that Canada gained full control over its constitutional amendment process, ending the ability of the British Parliament to amend the Canadian Constitution.
Key features of the Constitution Act of 1982 include:
Canadian Charter of Rights and Freedoms: The Act enshrines the Canadian Charter of Rights and Freedoms as part of the Constitution, providing constitutional protection for fundamental rights and freedoms such as freedom of expression, freedom of religion, and equality rights. The Charter serves as a cornerstone of Canadian democracy and guarantees the rights and liberties of all Canadians.
Division of Powers: The Act reaffirms the division of powers between the federal government and the provincial governments, as outlined in the original Constitution Act of 1867. It delineates the legislative authority of the federal Parliament and the provincial legislatures, specifying areas of jurisdiction such as criminal law, immigration, and natural resources.
Amending Formula: The Act outlines the procedure for amending the Constitution, known as the "amending formula." It requires the consent of the federal Parliament and a specified number of provinces representing a certain percentage of the population. This formula ensures that constitutional amendments require broad consensus and support from both the federal government and the provinces.
Aboriginal and Treaty Rights: The Act recognizes and affirms the existing Aboriginal and treaty rights of Indigenous peoples in Canada, including rights related to land, resources, and self-government. It marks an important recognition of Indigenous rights and a commitment to reconciliation between Indigenous and non-Indigenous peoples.
Overall, the Constitution Act of 1982 represents a significant moment in Canada's constitutional history, marking the country's full sovereignty and independence, strengthening protections for individual rights and freedoms, and recognizing the rights of Indigenous peoples. It continues to shape Canada's legal and political landscape and serves as the foundation of the country's democratic governance.