Canadian Studies · Grade 10 · The Trudeau Era to the Present · Term 4

Patriation & The Charter of Rights

The 1982 Constitution Act and the Canadian Charter of Rights and Freedoms.

• Ontario Curriculum Expectations
• ON: Canada since 1982 - Grade 10
• ON: Social, Economic, and Political Context - Grade 10

About This Topic

The patriation of the Constitution in 1982 was a landmark moment in Canadian history, marking the final step in the country's legal independence from Britain. Before this, any changes to Canada's constitution had to be approved by the British Parliament. Prime Minister Pierre Trudeau led the effort to 'bring the constitution home' and to include a new Canadian Charter of Rights and Freedoms, which would guarantee fundamental rights for all citizens.

This topic explores the intense negotiations between the federal government and the provinces, culminating in the 'Kitchen Accord' and the eventual signing of the Constitution Act by Queen Elizabeth II. Students examine how the Charter has fundamentally changed the power of the courts and the relationship between citizens and the state. This is a key part of the Ontario curriculum, focusing on the foundations of Canadian democracy. This topic benefits from mock negotiations and collaborative investigations into Charter cases. Students grasp the significance of these changes faster through peer-led discussions and by analyzing how the Charter protects their own rights today.

Key Questions

1. Explain the process and significance of 'patriating' the Canadian constitution.
2. Analyze how the Charter of Rights and Freedoms has altered the power dynamics of Canadian courts.
3. Justify Quebec's decision not to sign the 1982 Constitution.

Learning Objectives

• Analyze the key arguments and compromises made during the constitutional patriation process.
• Evaluate the impact of the Charter of Rights and Freedoms on judicial interpretation and federal provincial relations.
• Explain the historical context and political motivations behind Quebec's decision not to sign the 1982 Constitution.
• Compare the rights guaranteed by the Charter to those that existed previously in Canadian law.
• Synthesize information from primary and secondary sources to construct an argument about the significance of the patriation and the Charter.

Before You Start

Canada's Path to Independence

Why: Students need to understand Canada's historical relationship with Britain and the steps taken towards self-governance before grasping the significance of patriation.

Foundations of Canadian Democracy

Why: A basic understanding of federalism, parliamentary government, and the rule of law is necessary to analyze the Charter's impact on power dynamics.

Key Vocabulary

Patriation	The process of transferring constitutional authority from the British Parliament to Canada, making Canada's constitution fully independent.
Constitution Act, 1982	The act that includes the Charter of Rights and Freedoms and the formula for amending Canada's constitution, marking the end of British control.
Canadian Charter of Rights and Freedoms	A bill of rights that guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the time of its entrenchment in the 1982 Constitution.
Notwithstanding Clause	Section 33 of the Charter, which allows federal or provincial governments to temporarily override certain Charter rights.
Meech Lake Accord	A failed set of proposed amendments to the Constitution of Canada in the late 1980s, intended to bring Quebec into the constitutional fold.

Watch Out for These Misconceptions

Common Misconception

The Charter of Rights and Freedoms was Canada's first-ever bill of rights.

What to Teach Instead

Canada had a Bill of Rights passed in 1960, but it was only a federal law and didn't apply to the provinces. The Charter is part of the Constitution, making it much more powerful and harder to change. Peer comparison of the two documents helps students see the significance of the Charter's constitutional status.

Common Misconception

All provinces agreed to the 1982 Constitution.

What to Teach Instead

The government of Quebec, under René Lévesque, refused to sign the 1982 agreement, feeling that it didn't sufficiently protect Quebec's unique status. This led to decades of further constitutional tension. Using a 'Perspectives on Patriation' analysis helps students understand the roots of this ongoing division.

Active Learning Ideas

Simulation Game: The Constitutional Negotiations

Divide the class into groups representing the federal government and different provinces (including Quebec). They must negotiate the terms of patriation, focusing on the 'notwithstanding clause' and the division of powers, experiencing the difficulty of reaching a national consensus.

60 min·Whole Class

Inquiry Circle: Charter Case Studies

In small groups, students research a landmark Supreme Court case involving the Charter (e.g., related to freedom of expression, equality rights, or legal rights). They identify the issue, the court's decision, and how it has impacted Canadian law and society.

45 min·Small Groups

Think-Pair-Share: The Notwithstanding Clause

Students read about Section 33 of the Charter, which allows governments to temporarily override certain rights. They discuss with a partner whether they think this clause is a necessary 'safety valve' for democracy or a threat to fundamental freedoms.

25 min·Pairs

Real-World Connections

• Civil liberties lawyers frequently cite specific sections of the Charter of Rights and Freedoms when arguing cases before the Supreme Court of Canada, influencing legal precedents for all Canadians.
• Protests and advocacy groups, such as those advocating for Indigenous rights or LGBTQ2S+ equality, often frame their demands and arguments using the language and protections found within the Charter.
• Journalists and political commentators analyze current events and government policies through the lens of the Charter, assessing potential infringements or applications of rights in news reports and opinion pieces.

Assessment Ideas

Discussion Prompt

Pose this question to students: 'Imagine you are a provincial premier in 1981. What would be your top two priorities in negotiating the patriation of the Constitution, and why?' Facilitate a class discussion where students share their perspectives and justify their choices.

Quick Check

Provide students with a short, anonymized scenario involving a potential rights violation (e.g., freedom of expression, legal rights). Ask them to identify which section of the Charter might apply and write one sentence explaining their reasoning.

Exit Ticket

On an index card, have students write one sentence explaining the main goal of patriating the Constitution and one sentence describing the primary function of the Charter of Rights and Freedoms.

Frequently Asked Questions

What does it mean to 'patriate' the constitution?

Patriation means to bring the constitution under the sole control of the country it belongs to. In 1982, this meant that Canada gained the power to amend its own constitution without needing the approval of the British Parliament.

What is the Canadian Charter of Rights and Freedoms?

The Charter is a part of the 1982 Constitution that sets out the fundamental rights and freedoms of all Canadians, including freedom of speech, the right to vote, and protection from discrimination. It is the highest law in the land.

Why did Quebec not sign the 1982 Constitution?

The Quebec government felt that the new constitution and the Charter reduced the province's power over its own affairs and did not recognize Quebec as a 'distinct society.' The fact that the final deal was reached without Quebec's premier (the 'Night of the Long Knives') also caused deep resentment.

How can active learning help students understand the Constitution and the Charter?

Active learning strategies, such as simulating the negotiations and investigating Charter cases, help students understand the legal and political foundations of their rights. By engaging with the difficult compromises and the real-world impact of the law, students move beyond seeing the Constitution as a dry document to seeing it as a living part of their democracy. This hands-on approach fosters a deeper understanding of citizenship and the role of the courts in protecting human rights.