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.

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.

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

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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

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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

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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.

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.

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