patriation


Also found in: Dictionary, Wikipedia.

patriation

(Canada) the process by which laws made in the UK became accepted by Canada as law for Canada.
References in periodicals archive ?
See also Guy Tremblay, "La portee elargie de la procedure bilaterale de modification de la Constitution du Canada" (2011) 41:2 Revue generale de droit 417; Jose Woehrling, "Le recours a la procedure de modification de l'article 43 de la Loi constitutionnelle de 1982 pour satisfaire certaines revendications constitutionnelles du Quebec" in Pierre Thibault, Benoit Pelletier & Louis Perret, eds, Les melanges Gerald -A Beaudoin: Les defis du constitutionnalisme, (Cowansville, QC: Les Editions Yvon Blais Inc, 2002) 449; Stephen A Scott, "Pussycat, Pussycat or Patriation and the New Constitutional Amendment Processes" (1982) 20:2 UWO L Rev 247.
The Charter reform was a major advance, leading to the same "judicialization" of politics in Canada after patriation and extending clearly into the language politics of the province.
(82) Dominic DiFruscio, "Patriation, Politics and Power: The State of Balance between the Supreme Court and Parliament after Thirty Years of the Charter" (2014) 8 JPPL 29 at 57.
On the constitutional front, Aivalis argues that while patriation of the Constitution with a Charter of Rights and Freedoms was Trudeau's greatest political accomplishment, it was flawed insofar as it excluded positive social and economic rights, including specifically enumerated workers' rights.
When in April 1981, eight provinces (including Quebec) proposed to proceed with patriation and the adoption of an amending formula, while postponing changes to institutions such as the Senate and the Supreme Court, Quebec suddenly saw the opportunity to increase its quota on the Court disappear.
Think of the extension of unemployment insurance to fishers in the 1950s, the creation of the Atlantic Adjustment Grants (which were the foundation of the later equalization program) in the 1960s, the coalition to stop Pierre Trudeau's unilateral constitutional patriation in 1980-81, and the ongoing development of the Muskrat Falls hydro site by accessing markets other than Quebec.
Although some provincial premiers at the time of patriation tried to avoid this outcome by insisting that the word existing be inserted before "aboriginal and treaty rights," this modification has had little or no effect.
Patriation Reference, supra note 6; Veto Reference, supra note 6; Upper House Reference, supra note 6; Secession Reference, supra note 6.
This is particularly apparent when he critiqued the political changes caused by the Liberal Party Prime Minister Pierre Trudeau's pursuit of constitutional 'patriation', a process that would address the fact that Canada was still governed by British laws that could only be revised by parliamentary acts in Westminster.
Since patriation of the Constitution in 1982, courts in Canada have been spelling out consultation and accommodation required when a project might infringe on First Nations aboriginal and treaty rights.
He provides an informed description of the "patriation" process (by which Canada gained formal control over changes in her constitution), and the political and pragmatic beginnings of the charter, including high-profile personalities such as Frank Scott and Pierre Trudeau.