Document Information

Date: 1980-10-02 (Table 1980-10-06)
By: Canada (Parliament), Prime Minister, Pierre Trudeau
Citation: Canada, Parliament, “Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada” in Sessional Papers (1980).
Other formats: Click here to view the original document (PDF).

Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada

Tabled by Mr. Trudeau, Oct. 6, 1980.

THE PRIME MINISTER

[Page 1]

Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada

WHEREAS in the past certain amendments to the Constitution of Canada have been made by the Parliament of the United Kingdom at the request and with the consent of Canada;

AND WHEREAS it is in accord with the status of Canada as an independent state that Canadians be able to amend their Constitution in Canada in all respects;

AND WHEREAS it is also desirable to provide in the Constitution of Canada for the recognition of certain fundamental rights and freedoms and to make other amendments to that Constitution.

NOW THEREFORE the Senate and the House of Commons, in Parliament assembled, resolved that a respectful address be presented to Her Majesty the Queen in the following words:

To the Queen’s Most Excellent Majesty; Most Gracious Sovereign:

We, Your Majesty’s loyal subjects, the Senate and the House of Commons of Canada in Parliament assembled, respectfully approach Your Majesty, requesting that you may graciously be pleased to cause to be laid before the parliament of the United Kingdom a measure containing the recitals and clauses hereinafter set forth:

[Page 2]

An act to amend the constitution of Canada

Where is Canada has requested and consented to the enactment of an act of the Parliament of the United Kingdom to give a fact to the provisions hereinafter set forth in the Senate and the House of Commons of Canada in Parliament assembled have submitted an address to Her Majesty requesting that Her Majesty may graciously be pleased to cause a bill to be laid before the parliament of the United Kingdom for that purpose.

Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, by Commons, in this present parliament assembled and by the authority of the same, as follows:

_{­Constitution Act, 1980 enacted}

1. The Constitution Act, 1980 set out in Schedule B to this act is hereby enacted for and shall have the force of law in Canada and shall come into force is provided in that Act.

­_{Parliament of United Kingdom not to legislate for Canada}

2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1980 comes into force shall extend to Canada as part of its law.

­_{French version}

3. So far as it is not contained in Schedule B, The French version of this act is set out in Schedule A to this act and has the same authority in Canada as the English version thereof.

_{Short title}

4. This act may be cited as the Canada Act.

[Page 3]

SCHEDULE B

CONSTITUTION ACT, 1980

PART 1

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Guarantee of Rights and Freedoms

_{­Rights and Freedoms in Canada}

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits as are generally accepted in a free and democratic society with a parliamentary system of government.

Fundamental Freedoms

_{­Fundamental freedoms}

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of information; and

(c) freedom of peaceful assembly and association.

Democratic Rights

­_{Democratic rights of citizens}

3. Every citizen of Canada has, without unreasonable distinction or limitation, the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

­_{Duration of elected legislative bodies}

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members.

_{Continuation in special circumstances}

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.

[Page 4]

_{Annual sitting of legislative bodies}

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months.

Mobility Rights

_{­Rights of citizens to move}

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

_{­Rights to move and gain livelihood}

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(a) to move to and take up residence in any province; and

(b) to pursue the gaining of a livelihood in any province.

(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and

(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

Legal Rights

_{Life, liberty and security of person}

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

_{Search or seizure}

8. Everyone has the right not to be subjected to search or seizure except on grounds, and in accordance with procedures, established by law.

_{­­Detention or imprisonment}

9. Everyone has the right not to be arbitrarily detained or imprisoned except on grounds, and in accordance with procedures, established by law.

_{Arrest or detention}

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

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(b) to retain and instruct counsel without delay; and

(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

­_{Proceedings in criminal and penal matters}

11. Any person charged with an offence has the right

(a) to be informed promptly of the specific offence;

(b) to be tried within a reasonable time;

(c) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(d) not to be denied reasonable bail except on grounds, and in accordance with procedures, established by law;

(e) not to be found guilty on account of any act or omission that at the time of the act or omission did not constitute an offence;

(f) not to be tried or punished more than once for an offence of which he or she has been finally convicted or acquitted; and

(g) to the benefit of the lesser punishment where the punishment for an offence of which he or she had been convicted has been varied between the time of commission and the time of sentencing.

­_{Treatment or punishment}

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

_{Self-crimination}

13. A witness has the right when compelled to testify not to have any incriminating evidence so given used to incriminate him or her in any other proceedings, except a prosecution for perjury or for the giving of contradictory evidence.

_Interpreter

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted has the right to the assistance of an interpreter.

[Page 6]

Non-discrimination Rights

_{Equality before the law and equal protection of the law}

15. (1) Everyone has the right to equality before the law and to the equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

_{Affirmative action programs}

(2) This section does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged persons or groups.

Official Languages of Canada

_{Official languages of Canada}

16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

_{­Extension of status and use}

(2) Nothing in this Charter limits the authority of Parliament or a legislature to extend the equality of status or use of English and French or either of those languages.

_{­Proceedings of Parliament}

17. Everyone has the right to use English or French in any debates and other proceedings of Parliament.

_{Parliamentary statutes and records}

18. The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.

_{­Proceedings in courts established by Parliament}

19. Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.

­_{Communications by public with federal institutions}

20. Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where that office is located within an area of Canada in which it is determined, in such manner as may be

[Page 7]

prescribed or authorized by Parliament, that a substantial number of persons within the population use that language.

­_{Continuation of existing constitutional provisions}

21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.

_{Rights and privileges preserved}

22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.

Minority Language Educational Rights

_{Language of instruction}

23. (1) Citizens of Canada whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside have the right to have their children receive their primary and secondary school instruction in that minority language if they reside in an area of the province in which the number of children of such citizens is sufficient to warrant the provision out of public funds of minority language educational facilities in that area.

_{Continuity of language instruction}

(2) Where a citizen of Canada changes residence from one province to another and, prior to the change, any child of that citizen has been receiving his or her primary or secondary school instruction in either English or French, that citizen has the right to have any or all of his or her children receive their primary and secondary school instruction in that same language if the number of children of citizens resident in the area of the province to which the citizen has moved, who have a right recognized by this section, is sufficient to warrant the provision out of public funds of minority language educational facilities in that area.

[Page 8]

Undeclared Rights and Freedoms

Undeclared rights and freedoms

24. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada, including any rights or freedoms that pertain to the native peoples of Canada

General

­_{Primacy of Charter}

25. Any law that is inconsistent with the provisions of this Charter is, to the extent of such inconsistency, inoperative and of no force or effect.

­_{Laws respecting evidence}

26. No provision of this Charter, other than section 13, affects the laws respecting the admissibility of evidence in any proceedings or the authority of Parliament or a legislature to make laws in relation thereto.

_{­Applications to territories and territorial authorities}

27. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.

­_{Legislative powers not extended}

28. Nothing in this Charter extends the legislative powers of any body or authority.

Application of Charter

­_{Application of Charter}

29. (1) This Charter applies

(a) to the Parliament and government of Canada and to all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and

(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

_Exception

(2) Notwithstanding subsection (1), section 15 shall not have application until three years after this Act, except Part V, comes into force.

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Citation

­_Citation

30. This Part may be cited as the Canadian Charter of Rights and Freedoms.

PART II

EQUALIZATION AND REGIONAL DISPARITIES

_{Commitment to promote equal opportunities}

31. (1) Without altering the legislative authority of Parliament or of the provincial legislatures, or the rights of any of them with respect to the exercise of their legislative authority, Parliament and the legislatures, together with the government of Canada and the provincial governments, are committed to

(a) promoting equal opportunities for the well-being of Canadians;

(b) furthering economic development to reduce disparity in opportunities; and

(c) providing essential public services of reasonable quality to all Canadians.

_{Commitment respecting essential public services}

(2) Parliament and the government of Canada are committed to taking such measures as are appropriate to ensure that provinces are able to provide the essential public services referred to in paragraph (1)(c) without imposing an undue burden of provincial taxation.

PART III

CONSTITUTIONAL CONFERENCES

­_{Constitutional conferences}

32. Until Part V comes into force, a constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada at least once in every year unless, in any year, a majority of those composing the conference decide that it shall not be held.

PART IV

INTERIM AMENDING PROCEDURE AND RULES FOR ITS REPLACEMENT

_{­Interim procedure for amending Constitution of Canada}

33. Until Part V comes into force, an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and by

[Page 10]

the legislative assembly or government of each province.

­_{Amendment of provisions relating to some but not all provinces}

34. Until Part V comes into force, an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and by the legislative assembly or government of each province to which the amendment applies.

­_{Rules applicable to amendment procedures}

35. (1) The procedures for amendment described in sections 33 and 34 may be initiated either by the Senate or House of Commons or by the legislative assembly or government of a province.

­_Idem

(2) A resolution made or other authorization given for the purposes of this Part may be revoked at any time before the issue of a proclamation authorized by it.

­_{Limitation on use of interim amending procedure}

36. Sections 33 and 34 do not apply to an amendment to the Constitution of Canada where there is another provision in the Constitution for making the amendment, but the procedure prescribed by section 33 shall be used to amend the Canadian Charter of Rights and Freedoms and any provision for amending the Constitution, including this section, and may be used in making a general consolidation and revision of the Constitution.

­_{Coming into force of Part V}

37. Part V shall come into force

(a) with or without amendment, on such day as may be fixed by proclamation issued pursuant to the procedure prescribed by section 33, or

(b) on the day that is two years after the day this Act, except Part V, comes into force.

whichever is the earlier day but, if a referendum is required to be held under subsection 38(3), Part V shall come into force as provided in section 39.

­_{Provincial alternative procedure}

38. (1) The governments or legislative assemblies of eight or more provinces that have, according to the then latest general

[Page 11]

census, combined populations of at least eighty per cent of the population of all the provinces may make a single proposal to substitute for paragraph 41(1)(b) such alternative as they consider appropriate/

­_{Procedure for perfecting alternative}

(2) One copy of an alternative proposed under subsection (1) may be deposited with the Chief Electoral Officer of Canada by each proposing province within two years after this Act, except Part V, comes into force but, prior to the expiration of that period, any province that has deposited a copy may withdraw that copy.

_­Referendum

(3) Where copies of an alternative have been filed as provided by subsection (2) and, on the day that is two years after this Act, except Part V, comes into force, at least eight copies remain filed by provinces that have, according to the then latest general census, combined populations of at least eighty per cent of the population of all the provinces, the government of Canada shall cause a referendum to be held within two years after that day to determine whether

(a) paragraph 41(1)(b) or any alternative thereto proposed by the government of Canada by depositing a copy thereof with the Chief Electoral Officer at least ninety days prior to the day on which the referendum is held, or

(b) the alternative proposed by the provinces,

shall be adopted.

_{­Coming into force of Part V where referendum held}

39. Where a referendum is held under subsection 38(3), a proclamation under the Great Seal of Canada shall be issued within six months after the date of the referendum bringing Part V into force with such modifications, if any, as are necessary to incorporate the proposal approved by a majority of the persons voting at the referendum and with such other changes as are reasonably consequential on the incorporation of that proposal.

_{­Rules for referendum}

40. (1) Subject to subsection (2), Parliament may make laws respecting the rules applicable to the holding of a referendum under subsection 38(3).

[Page 12]

_{­Right to vote}

(2) Every citizen of Canada, has without unreasonable distinction or limitation, the right to vote in a referendum held under subsection 38(3).

PART V

PROCEDURE FOR AMENDING CONSTITUTION OF CANADA

_{General procedure for amending Constitution of Canada}

41. (1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by

(a) resolutions of the Senate and House of Commons; and

(b) resolutions of the legislative assemblies of at least a majority of the provinces that includes

(i) every province that at any time before the issue of the proclamation had, according to any previous general census, a population of at least twenty-five per cent of the population of Canada,

(ii) at least two of the Atlantic provinces that have, according to the then latest general census, combined populations of at least fifty per cent of the population of all the Atlantic provinces, and

(iii) at least two of the Western provinces that have, according to the then latest general census, combined populations of at least fifty per cent of the population of all the Western provinces.

_{­Definitions}

(2) in this section,

_{­“Atlantic provinces”}

“Atlantic provinces” means the provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland;

­_{“Western provinces”}

“Western provinces” means the provinces of Manitoba, British Columbia, Saskatchewan and Alberta.

_{­Amendment authorized by referendum}

42. (1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the

[Page 13]

Great Seal of Canada where so authorized by a referendum held throughout Canada under subsection (2) at which

(a) a majority of persons voting thereat, and

(b) a majority of persons voting thereat in each of the provinces, resolutions of the legislative assemblies of which would be sufficient, together with resolutions of the Senate and House of Commons, to authorize the issue of a proclamation under subsection 41(1),

having approved the making of the amendment.

­_{Authorization of referendum}

(2) A referendum referred to in subsection (1) shall be held where directed by proclamation issued by the Governor General under the Great Seal of Canada authorized by resolutions of the Senate and House of Commons.

­_{Amendment of provisions relating to some but not all provinces}

43. An amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies.

­_{Amendments without Senate resolution}

44. An amendment to the Constitution of Canada may be made by proclamation under subsection 41(1) or section 43 without a resolution of the Senate authorizing the issue of the proclamation if, within ninety days after the passage by the House of Commons of a resolution authorizing its issue, the Senate has not passed such a resolution and if, at any time after the expiration of those ninety days, the House of Commons again passes the resolution, but any period when Parliament is prorogued or dissolved shall not be counted in computing those ninety days.

_{­Rules applicable to amendment procedures}

45. (1) The procedures for amendment described in subsection 41(1) and section 43 may be initiated either by the Senate or House of Commons or by the legislative assembly of a province.

­_Idem

(2) A resolution made for the purposes of this Part may be revoked at any time before the issue of a proclamation authorized by it.

­_{Rules for referendum}

46. (1) Subject to subsection (2), Parliament may make laws respecting the rules applicable to the holding of a referendum under section 42.

­_{Right to vote}

(2) Every citizen of Canada has, without unreasonable distinction or limitation, the right to vote in a referendum held under section 42.

­_{Limitation on use of general amending formula}

47. The procedures prescribed by section 41, 42 or 43 do not apply to an amendment to the Constitution of Canada where there is another provision in the Constitution for making the amendment, but the procedures prescribed by section 41 or 42 shall nevertheless be used to amend any provision for amending the Constitution, including this section, and section 41 may be used in making a general consolidation or revision of the Constitution.

­_{Amendments by Parliament}

48. Subject to section 50, Parliament may exclusively make laws amending the Constitution of Canada in relation to the executive government of Canada or the Senate or House of Commons.

_{­Amendments by provincial legislatures}

49. Subject to section 50, the legislature of each province may exclusively make laws amending the constitution of the province.

­_{Matters requiring amendment under general formula}

50. An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with a procedure prescribed by section 41 or 42:

(a) the office of the Queen, the Governor General and the Lieutenant Governor of a province;

(b) the Canadian Charter of Rights and Freedoms;

(c) the commitments relating to equalization and regional disparities set out in section 31;

(d) the powers of the Senate;

(e) the number of members by which a province is entitled to be represented in the

[Page 15]

Senate and the residence qualifications of Senators;

(f) the right of a province to a number of members in the House of Commons not less than the number of Senators representing the province; and

(g) the principles of proportionate representation of the provinces in the House of Commons prescribed by the Constitution of Canada.

_{­Consequential amendments}

51. Class 1 of section 91 and class 1 of section 92 of the Constitution Act, 1867 (formerly named the British North America Act, 1867), the British North America (No. 2) Act, 1949, referred to in item 21 of Schedule I to this Act and Parts III and IV of this Act are repealed.

PART VI

GENERAL

_{Constitution of Canada}

52. (1) The Constitution of Canada includes

(a) the Canada Act;

(b) the Acts and orders referred to in Schedule I; and

(c) any amendment to any Act or order referred to in paragraph (a) or (b).

_{Amendments to Constitution of Canada}

(2) Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.

_{Repeals and new names}

53. (1) The enactments referred to in Column I of Schedule I are hereby repealed, or amended to the extent indicated in Column II thereof, and, unless repealed, shall continue as law in Canada under the names set out in Column III thereof.

_{Consequential amendments}

(2) Every enactment, except the Canada Act, that refers to an enactment referred to in Schedule I by the name in Column I thereof is hereby amended by substituting for that name the corresponding name in Column III thereof, and any British North America Act not referred to in Schedule I may be cited as the Constitution Act fol-

[Page 16]

lowed by the year and number, if any, of its enactment.

­_{French version of Constitution of Canada}

54. A French version of the portions of the Constitution of Canada referred to in Schedule I shall be prepared by the Minister of Justice of Canada as expeditiously as possible and, when any portion thereof sufficient to warrant action being taken has been so prepared, it shall be put forward for enactment by proclamation issued by the Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada.

_{English and French versions}

55. Where any portion of the Constitution of Canada has been or is enacted in English and French or where a French version of any portion of the Constitution is enacted pursuant to section 54, the English and French versions of that portion of the Constitution are equally authoritative.

_{English and French versions}

56. The English and French versions of this Act are equally authoritative.

_Commencement

57. Subject to section 58, this Act shall come into force on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.

­_{Exception respecting amending formula}

58. Part V shall come into force as provided in Part IV.

_­Citations

59. This Schedule may be cited as the Constitution Act, 1980 and the Constitution Acts, 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1980.

[Page 17]

SCHEDULE I

to the

CONSTITUTION ACT, 1980

MODERNIZATION OF THE CONSTITUTION

[Page 18]

SCHEDULE I

to the

CONSTITUTION ACT, 1980—Continued

[Page 19]

SCHEDULE I

to the

CONSTITUTION ACT, 1980—Continued

[Page 20]

SCHEDULE I

to the

CONSTITUTION ACT, 1980—Concluded