only security against it is the federal power of
consequences.
disallowance (exercised in the Nova Scotia case)
and the fact that today very few legislatures
The fourth big change made by the Constitution
would dare to try it, save in most extraordinary
Act, 1982, gives the provinces wide powers
circumstances: the members who voted for it
over their natural resources. Each province is
would be too much afraid of being defeated in
now able to control the export, to any other
the next election.
part of Canada, of the primary production
from its mines, oil wells, gas wells, forests and
The Constitution Act, 1982, makes other
electric power plants, provided it does not
changes and one of these looks very signifi cant.
discriminate against other parts of Canada in
The British North America Act, 1867, gave the
prices or supplies. But the national Parliament
national Parliament exclusive authority over
is still able to legislate on these matters, and if
?Indians, and lands reserved for the Indians,?
provincial and federal laws confl ict, the federal
and the courts have ruled that ?Indians?
will prevail. The provinces are also able to levy
includes the Inuit. Until 1982, that was all the
indirect taxes on their mines, oil wells, gas wells,
Constitution said about the native peoples. The
forests and electric power plants and primary
Constitution now has three provisions on the
production from these sources. But such taxes
subject.
must be the same for products exported to other
parts of Canada and products not so exported.
First, it says that the Charter?s guarantee
of certain rights and freedoms ?shall not
These four big changes, especially the
be construed so as to abrogate or derogate
amending formulas and the Charter, are
from any aboriginal, treaty or other rights or
immensely important. But they leave the main
freedoms that pertain to the aboriginal peoples
structure of government, and almost the whole
of Canada,? including rights or freedoms
of the division of powers between the national
recognized by the Royal Proclamation of 1763,
Parliament and the provincial legislatures, just
and any rights or freedoms acquired by way of
what they were before.
land claims settlement.
Incidentally, they leave the provincial
Second, ?The existing aboriginal and treaty
legislatures their power to confi scate the
rights of the aboriginal peoples of Canada
property of any individual or corporation and
are hereby recognized and affi
rmed,? and the
give it to someone else, with not a penny of
aboriginal peoples are defi ned as including the
compensation to the original owner. In two
Indian, Inuit and Métis peoples.
cases, Ontario and Nova Scotia did just that,
18
A Federal State
Third, in 1983, the amending formula was used
the preservation and enhancement of the
for the fi rst time to add to the aboriginal and
multicultural heritage of Canada.?
treaty rights of Canada?s native peoples, rights
or freedoms that already existed by way of land
Finally, the Act provides for English and French
