But more and more Canadians felt this was
acts); by custom (the prime minister, the
not good enough. The whole process should
cabinet, responsible government, political
take place here. The Constitution should be
parties, federal-provincial conferences); by
?patriated? ? brought home.
judgements of the courts (interpreting what
the Act of 1867 and its amendments mean);
and by agreements between the national and
Attempts to bring this about began in 1927.
provincial governments.
Until 1981, they failed, not because of any British
reluctance to make the change, but because
the federal and provincial governments could
If the written Constitution is silent on all
not agree on a generally acceptable method
these things, which are the living reality of our
of amendment. Finally, after more than half
Constitution, what does it say? If it leaves out so
a century of federal-provincial conferences
much, what does it put in?
and negotiations, the Senate and the House
of Commons, with the approval of nine
Before we answer that question, we must
provincial governments, passed the necessary
understand that our written Constitution,
Joint Address asking for the fi nal British act.
unlike the American, is not a single document.
This placed the whole process of amendment
It is a collection of 25 primary documents
in Canada, and removed the last vestige of the
outlined in the Constitution Act, 1982.
British Parliament?s power over our country.
10
A Federal State
The core of the collection is still the Act of 1867.
guarantees for Alberta and Saskatchewan
This, with the amendments added to it down to
(created in 1905); and for Newfoundland
the end of 1981, did 12 things.
(which came into Confederation in 1949), a
guarantee of separate schools for a variety
? First, it created the federation, the provinces,
of Christian denominations. (Constitutional
the territories, the national Parliament, the
amendments have since changed the school
provincial legislatures and some provincial
systems in Quebec and in Newfoundland and
cabinets.
Labrador, as the Province of Newfoundland is
now offi
cially known.)
? Second, it gave the national Parliament power
to create new provinces out of the territories,
? Eighth, it guaranteed Quebec?s distinctive
and also the power to change provincial
civil law.
boundaries with the consent of the provinces
concerned.
? Ninth, it gave Parliament power to assume
the jurisdiction over property and civil
? Third, it set out the power of Parliament and
rights, or any part of such jurisdiction, in
of the provincial legislatures.
other provinces, provided the provincial
legislatures consented. This power has never
been used.
? Fourth, it vested the formal executive power
in the Queen, and created the Queen?s Privy
Council for Canada (the legal basis for the
? Tenth, it prohibited provincial tariff s.
federal cabinet).
? Eleventh, it gave the provincial legislatures the
? Fifth, it gave Parliament power to set up a
power to amend the provincial constitutions,
