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Topic: Patriation

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	The Patriation of the Constitution
		Between 1960 and 1978, numerous negotiations were held between the provinces and the federal government to patriate The British North America Act and include an amending formula.
		During the night of November 4-5, which would later be referred to as "the night of the long knives," the federal government reached an agreement with the Anglophone provinces, whereas Quebec was excluded from the negotiations.
		In 1982, it was renamed the Constitution Act of 1867, as part of the movement toward the "patriation" of the Constitution.
	www.histori.ca /peace/page.do?pageID=258 (1082 words)

	Highbeam Encyclopedia - Search Results for Patriation
		the country, as happened with the 1982 patriation of the constitution, as the document...
		Although the concept of patriation was not politically controversial, Trudeau...
		during the negotiations that led to the patriation of the constitution in 1982.
	www.encyclopedia.com /SearchResults.aspx?Q=Patriation (912 words)

	Patriation - Studies on the Canadian Constitution and Canadian Federalism - Quebec History
		Constitutional experts call patriation the process by which the power to amend the Canadian constitution would be transferred from the Parliament of the United Kingdom to Canada.
		As it stood until patriation was achieved in 1982, it was clear that the amendment power over the reserved subject matters rested in the hands of the Parliament of Great Britain following a joint address of the two Houses of the Parliament of Canada and some form of provincial participation and consent.
		The Court declared that such unilateral patriation would not be illegal (given the absence of a law) but that it would violate the conventions of the constitution.
	faculty.marianopolis.edu /c.belanger/quebechistory/federal/patriate.htm (826 words)

	Omnipelagos.com ~ article "Patriation" (Site not responding. Last check: )
		Hence, patriation is associated with the adoption of the Canadian amending formula, and the corresponding acquisition of sovereignty.
		Patriation was given a new impetus after the 1980 Quebec referendum, in which Trudeau promised a new Constitutional agreement if the province voted "Non" to sovereignty-association.
		The patriation of the Constitution was dramatized in the climax to the television film Trudeau (2002), which depicts Levesque as allying with the premiers solely for the purpose of disrupting Trudeau's moves for constitutional reform.
	www.omnipelagos.com /entry?n=patriation (1306 words)

	Patriation - Studies on the Canadian Constitution and Canadian Federalism - Quebec History (Site not responding. Last check: )
		Constitutional experts call patriation the process by which the power to amend the Canadian constitution would be transferred from the Parliament of the United Kingdom to Canada.
		As it stood until patriation was achieved in 1982, it was clear that the amendment power over the reserved subject matters rested in the hands of the Parliament of Great Britain following a joint address of the two Houses of the Parliament of Canada and some form of provincial participation and consent.
		The Court declared that such unilateral patriation would not be illegal (given the absence of a law) but that it would violate the conventions of the constitution.
	www2.marianopolis.edu /quebechistory/federal/patriate.htm (826 words)

	Patriation - Karr.net (Site not responding. Last check: )
		Patriation is a legal term particularly used in Canada, to describe a process of constitutional change also known as "bringing home" the constitution.
		Hence, patriation is associated with the adoption of the Canadian amending formula, and the corresponding acquisition of sovereignty.
		Patriation was given a new impetus after the 1980 Quebec referendum, in which Trudeau promised a new constitutional agreement if the province voted "No" to sovereignty-association.
	209.68.55.254 /encyclopedia/Patriation (1127 words)

	Indian Treaties
		In 1980, when the federal government was prepared to push unilaterally for patriation without the sanction of the provinces, native groups were briefly courted by a commitment that the new charter would include a positive affirmation of aboriginal and treaty rights.
		On 5 November 1981, 9 provincial governments (excluding Québec's) entered into the federal government's patriation plan on the condition that the draft constitution's assertion of aboriginal and treaty rights be stripped from the document.
		Their challenge to the legality of patriation ultimately led to the judgement made by Chief Justice Lord Denning in January 1982, in which he confirmed that treaty relationships entered by native people in Canada before 1923 had indeed been with the Crown in respect of the UK.
	www.canadianencyclopedia.ca /index.cfm?PgNm=TCE&Params=A1SEC873897 (708 words)

	Constitution, Patriation of
		Queen Elizabeth II signing the Constitution document as PM Trudeau and aides look on, Ottawa (courtesy SSC).
		The patriation (the term is uniquely Canadian) battle of 1980-81 originated in the failings of a half century of domestic diplomacy and the unexpected second chance offered to Prime Minister Pierre TRUDEAU when the Liberal Party was swept back to power in February 1980, after 9 months of aborted Tory rule.
		Constitutional reform became one of several major Liberal initiatives and, apparently by accident, the immediate response to the ongoing Québec referendum campaign, a political fight the federal Liberals had not expected to wage from the seat of power.
	www.thecanadianencyclopedia.com /index.cfm?PgNm=TCE&Params=A1ARTA0001869 (1575 words)

	Patriation - Public Service Commission - Government of Yukon
		Over the period February 2001 to June 2002 a joint patriation committee made up of representatives from YEU, YTA, Management and Confidential employees, and the employer met to develop a framework of principles to govern the patriation of the pension plan and a first draft of a new pension plan text.
		No further progress has been made on the patriation project and none is foreseeable at this time.
		Until such time as the pension plan is patriated our pension benefits will continue to flow from the Superannuation Plan which is administered by the federal governmentâs Superannuation Directorate and Treasury Board.
	www.psc.gov.yk.ca /benefits/patriation.html (167 words)

	[No title]
		The Government of Canada has refused our request to participate in the Constitutional discussions between the federal and provincial governments.
		The federal government's policy to terminate Indian status and reserve land would be fully achieved through patriation.
		In the City of Rotterdam, between November 24th and 30th, 1980, the Members of the Jury and other bodies of the Fourth Russell Tribunal came together in order to consider alleged violations of the rights of the Indians of America.
	www.cwis.org /fwdp/Americas/billpart.txt (1828 words)

	Constitutional Activity from Patriation to Charlottetown (1980-1992) (BP406e) (Site not responding. Last check: )
		Although various issues were discussed, patriation with a Canadian amending formula was always a central issue.
		With the exception of Ontario and New Brunswick, the provinces were not favourably inclined towards the federal pre-emption of the patriation process.
		As the Trudeau government tried to hurry the resolution through Parliament, and federal and provincial lobbying at Westminister increased, the three provincial Courts of Appeal split on whether the federal action was constitutionally proper.
	www.parl.gc.ca /information/library/PRBpubs/bp406-e.htm (7093 words)

	Patriation - Biocrawler (Site not responding. Last check: )
		Patriation is a legal term that was made up in Canada to describe the process of "bringing home" the Canadian Constitution in 1982.
		For many years the Constitution of Canada was just an act of the British Parliament, and was the property of the British Government, with the original document residing in Britain.
		The term patriation is also used to describe the similar process with regards to the 1986 Constitution Act of New Zealand.
	www.biocrawler.com /encyclopedia/Patriation (165 words)

	Uncorrected Proofs: Disorganized Labour: Unions and the Chater of Rights and Freedoms - Part Three
		The CLC’s position on patriation was shaped by its allies in both the NDP and FTQ.
		Patriation of the Constitution with the Charter of Rights and Freedoms, in many ways, represented the triumph of liberalism in Canada.
		If the patriation debate taught the CLC anything, it was that the Congress could not afford to sit on the sidelines and ignore constitutional questions while the media and politicians obsessed over them.
	uncorrectedproofs.blogspot.com /2007/04/disorganized-labour-unions-and-chater_19.html (1882 words)

	uni.ca - Background on Constitutional Debate
		First Ministers agreed privately in April 1975 to seek patriation of the Constitution with an amending formula and guarantees for the French language and culture, without, however, seeking substantive reform of the Constitution before patriation.
		The Court ruled, on September 28, 1981, that unilateral patriation was legal, but inconsistent with the conventions of the Constitution which required the "substantial" consent of the provinces - the support of more than two provinces but less than 10.
		The amending formula established at the time of patriation in 1982 is silent on this point, except for discussions on matters directly affecting the Aboriginal peoples.
	www.uni.ca /cancon_background.html (7787 words)

	Patriation, the Amending Formula, and Constitutional Renewal
		A more limited exercise, conducted in 1975-76, was aimed at patriation with an amending formula, without pursuing substantive changes to the Constitution at the same time.
		Some of the major issues discussed at the summer meetings had reflected the federal government's own agenda: patriating the Constitution with a made-in-Canada amending formula; a statement of principles; a charter of rights; a constitutional commitment to reduce regional economic disparities (sometimes called "equalization"); and a strengthening of federal powers over the national economy.
		Manitoba, Quebec, and Newfoundland referred the matter to their courts and the matter was ultimately referred to the Supreme Court of Canada by the federal government.
	www.canadian-politics.com /constitution/patriation.shtml (891 words)

	Animus: James Doull, The Philosophical Basis of Constitutional Discussion in Canada.
		The 'patriation' of the Canadian constitution did away with the last remnant of colonial dependence on Great Britain.
		11 That Canada after patriation should be more than a contest between antithetical aspects of the European Union has a certain recognition in the argument often made by Lucien Bouchard, an argument which reflects his own experience and perhaps a continuing difficulty with fiercer and more abstract nationalists.
		The well-founded conclusion from recent Canadian history is rather, as indicated, that the reconciliation of the two peoples, implied and demanded in patriation, is to be found neither in nationalism nor in economic individualism, as conceived in the European model.
	www.swgc.mun.ca /animus/1997vol2/doull1.htm (21701 words)

	[No title] (Site not responding. Last check: )
		In Canada, it is forever 1982, and we are all furiously re-enacting the patriation struggle.
		The reason patriation remains so vital to present debates is the outrage it inspired in the political class outside Quebec.
		Patriation, and what went with it -- the Charter of Rights and Freedoms pre- eminently -- was a decisive defeat for a certain view of Canada, and a certain view of politics.
	www.andrewcoyne.com /columns/NationalPost/1998/19981028.html (623 words)

	The History of Canada's Constitutional Development (Site not responding. Last check: )
		Consequently, on October 6, 1980, the federal government indicated that it intended to patriate the Constitution unilaterally, without the consent of the provincial premiers, by introducing a Joint Address to the Queen in the House of Commons.
		On September 28, 1981, the Supreme Court of Canada rendered its decision that a "unilateral" patriation of the Constitution was legal.
		However, both the government and the National Assembly of Quebec refused to accept the terms for patriation agreed by the Prime Minister and nine Premiers on November 5, 1981, and denounced the political legitimacy of the Constitution Act, 1982, which, by virtue of the Charter, curtailed the powers of the National Assembly without its consent.
	www.pco-bcp.gc.ca /aia/default.asp?Language=E&Page=consfile&Sub=ThehistoryofConstitution (5252 words)

	A New Constitution - The Trudeau Years - National Unity: 1968-2000 - History - Canada - North America: canadian ...
		Patriation would make the BNA Act a Canadian constitution that could be amended by Canadians.
		Trudeau’s constitutional package offered none of the additional powers the provinces had been seeking, but both patriation and the charter were popular.
		For Quebec sovereigntists, the patriation of the constitution against Quebec’s will and without meeting its demands for greater powers became an added grievance.
	www.countriesquest.com /North_America/Canada/History/National_Unity_1968-2000/The_Trudeau_Years/A_New_Constitution.htm (168 words)

	NFB - Collection - The Road to Patriation
		It took over a century of haggling by successive federal and provincial governments to agree on a formula to bring home the Canadian Constitution from England.
		This film concentrates on the politicking and lobbying that finally led to its patriation in 1982.
		Five prime ministers had failed before Prime Minister Pierre Elliott Trudeau took up the challenge in the early 1970s.
	www.nfb.ca /trouverunfilm/fichefilm.php?id=15309&v=h&lg=en&exp=31541 (126 words)

	Canada in the Making - Constitutional History
		By the end of the 1970s, a major movement in Canadian constitutional history was to patriate the Constitution home.
		There were also requests from Québec after the Quiet Revolution for a renewal of Confederation.
		This was upheld in the Supreme Court and led to a second First Minister's meeting in 1981.
	www.canadiana.org /citm/themes/constitution/constitution15_e.html (1010 words)

	Inter.Canada: CONTRIBUTIONS
		Trudeau again announced his intention of patriating the constitution, with a new amending formula more flexible than the existing requirement of unanimity.
		He did not call a referendum on the issue, or go to the people in an election; he backed away from a proposed monster rally against patriation at Montreal's Olympic Stadium, opting instead for a "street march" which, in Montreal on a Saturday, should have no trouble attracting the 25,000 the PQ predicted.
		It is they who will determine whether the patriation taking place this week is the end of the beginning, as Mr.
	www3.sympatico.ca /rd.fournier/inter.canada/paper/conflict.htm (2072 words)

	Supreme Court of Canada - Remarks of the Right Honourable Beverley McLachlin, P.C.
		The Patriation of the Constitution and the adoption of the Charter of Rights, on April 17, 1982, symbolized Canada's Coming of Legal Age.
		But the final stride was the Patriation of the Constitution and adoption of the Charter in 1982.
		When Patriation "brought Canada's Constitution home," ordinary Canadians shared in a sense of renewed purpose for their country.
	www.scc-csc.gc.ca /aboutcourt/judges/speeches/charter_e.asp (3631 words)

	Refugees - The Palestinian Position
		This is not to say, however, that Palestinian officials do not express interest in improving the conditions of Palestinians in refugee camps or enthusiastically encourage financing of permanent housing projects in "non-refugee" communities.
		Therefore, some Palestinian officials have said they could be willing to accept the idea of refugee patriation into Jordan and Syria.
		Also for this reason, the demand for right of return for displaced Palestinians from the 1967 war has not been as ardent as for those refugees from 1948.
	www.adl.org /Israel/final_status/refugees_4.asp (194 words)

	Pierre Trudeau's Essay on the Quebec Referendum
		As for "interests", those of the predominately English provinces were generally the same as Quebec's: to exchange their consent to patriation for increased provincial powers.
		The ruling was that patriation could happen only in the presence of a "substantial level of provincial consent".
		Furthermore, polls have shown that the patriation of the constitution was not being rejected by the people.
	www.clevernet.net /pierre_trudeau/pierre_trudeau_quebec_referendum_2.html (1087 words)

	Patriation - Public Service Commission - Government of Yukon
		Over the period February 2001 to June 2002 a joint patriation committee made up of representatives from YEU, YTA, Management and Confidential employees, and the employer met to develop a framework of principles to govern the patriation of the pension plan and a first draft of a new pension plan text.
		No further progress has been made on the patriation project and none is foreseeable at this time.
		Until such time as the pension plan is patriated our pension benefits will continue to flow from the Superannuation Plan which is administered by the federal governmentâs Superannuation Directorate and Treasury Board.
	psc.gov.yk.ca /benefits/patriation.html (167 words)

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