Account for Britain’s continued control of the constitution of Canada up to 1982.

Britain’s continued control of the constitution of Canada up to 1982 can be attributed to several key factors:

• British North America Act (1867): The British North America Act (BNA Act) of 1867, which served as Canada’s constitution, was an act of the British Parliament. As such, any amendments to the BNA Act required approval from the British Parliament.
• Statute of Westminster (1931): The Statute of Westminster granted full legislative independence to the self-governing dominions of the British Empire, including Canada. However, Canada did not immediately adopt an amending formula for its constitution, which meant that the British Parliament retained the authority to amend the BNA Act until Canada could agree on a domestic process for constitutional amendments.
• Provincial Consent: One of the major challenges in patriating the constitution was the need to secure agreement among Canada’s provinces on an amending formula. There were disagreements over whether amendments should require unanimous consent from all provinces or a majority, and how to balance the interests of larger and smaller provinces.
• Quebec’s Role: The question of Quebec’s role in the constitutional process added complexity to the negotiations. There were debates over whether Quebec should have a veto power to protect the interests of its French-speaking population.
• Political and Legal Struggles: The process of patriating the constitution involved intense political and legal struggles. It wasn’t until 1981, when substantial agreement was reached on a new amending formula, that the Canadian Parliament requested the British Parliament to relinquish its power to amend Canada’s constitution.
• Patriation of the Constitution (1982): The Constitution Act, 1982, which included the Canadian Charter of Rights and Freedoms, was enacted to patriate the constitution. This act transferred the authority to amend the constitution from the British Parliament to Canada, marking the final step to full sovereignty.

These factors combined to delay the patriation of Canada’s constitution until 1982, when the Constitution Act, 1982, was finally enacted.

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Dr. Bbosa Science