Supreme Court of Canada (which it did,
except as regards the offi
ce of lieutenant-
in 1875).
governor.
? Sixth, it guaranteed certain limited rights
? Twelfth, it gave the national government
equally to the English and French languages
(the Governor-in-Council: that is, the federal
in the federal Parliament and courts and in
cabinet) certain controls over the provinces:
the legislatures and courts of Quebec and
appointment, instruction and dismissal
Manitoba.
of lieutenant-governors (two have been
dismissed); disallowance of provincial acts
within one year after their passing (112 have
? Seventh, it guaranteed separate schools for
been disallowed ? the last in 1943 ? from
the Protestant and Roman Catholic minorities
every province except Prince Edward Island
in Quebec and Ontario. It also guaranteed
and Newfoundland and Labrador); power
separate schools in any other province where
of lieutenant-governors to send provincial
they existed by law in 1867, or were set up
bills to Ottawa unassented to (in which case
by any provincial law after 1867. There were
they do not go into eff ect unless the central
special provisions for Manitoba (created in
executive assents within one year; of 70 such
1870), which proved ineff ective; more limited
A Federal State
11
How Canadians Govern Themselves
bills, the last in 1961, from every province but
Act, 1867), and the Manitoba Act, 1870, suff ered
Newfoundland and Labrador, only 14 have
a few minor deletions. The part of the United
gone into eff ect).
Kingdom Statute of Westminster, 1931, that is
included had minor amendments.
These are the main things the written
Constitution did as it stood at the end of 1981.
The rest, apart from changes of name, are
They provided the legal framework within which
untouched. What we have now is not a new
we could, and did, adapt, adjust, manoeuvre,
Constitution but the old one with a very few
innovate, compromise, and arrange, by what
small deletions and four immensely important
Prime Minister Sir Robert Borden called
additions; in an old English slang phrase, the
?the exercise of the commonplace quality of
old Constitution with knobs on.
common sense.?
What are the big changes that the Constitution
The fi nal British Act of 1982, the Canada Act,
Act, 1982, made in our Constitution?
provided for the termination of the British
Parliament?s power over Canada and for the
First, it established four legal formulas or
?patriation? of our Constitution. Under the
processes for amending the Constitution. Until
terms of the Canada Act, the Constitution Act,
1982, there had never been any legal amending
1982, was proclaimed in Canada and ?patriation?
formula (except for a narrowly limited power
was achieved.
given to the national Parliament in 1949, a
power now superseded).
Under the Constitution Act, 1982, the British
