The Parti Québécois’ electoral victory in Quebec brought sovereignty proposals to the center of federal–provincial relations, intensifying pressures for constitutional change and setting the context for later patriation bargaining.
At a First Ministers’ Conference on the Constitution, governments agreed to a continuing intergovernmental process for constitutional review, including creation of the Continuing Committee of Ministers on the Constitution (CCMC) to carry work forward between leaders’ meetings.
First Ministers reconvened to consider issues raised in the 1978 constitutional talks and to set a future work program—part of the iterative negotiations that preceded the final patriation push.
The 1980 federal election restored Pierre Trudeau’s Liberals to government, enabling Ottawa to relaunch constitutional reform plans that soon centered on patriation and a constitutional bill of rights.
First Ministers met in Ottawa for constitutional negotiations (including patriation and an amending formula), but failed to reach a comprehensive deal—an impasse that set up Ottawa’s decision to proceed differently.
Several provinces initiated reference cases to test whether Ottawa could request UK constitutional amendments without provincial agreement, bringing the patriation dispute squarely into the courts.
In a televised address, Trudeau announced the federal government’s intention to proceed with a patriation package featuring an entrenched rights charter, with unresolved items (including an amending formula) to be addressed through subsequent processes.
The Supreme Court of Canada heard arguments over the legality and constitutional conventions surrounding Ottawa’s proposed unilateral request to the UK to amend Canada’s constitution.
The Court held Ottawa could legally proceed without provincial consent, but that doing so would breach constitutional convention requiring a substantial degree of provincial consent—a ruling that pushed governments back to negotiation.
During the November 1981 First Ministers’ Conference, Ottawa and nine provinces reached an accord (often associated with the overnight “Kitchen Accord”) that unlocked patriation by settling key terms, including the notwithstanding clause framework.
The House of Commons overwhelmingly approved the resolution requesting the UK Parliament enact legislation to patriate the constitution and entrench the new constitutional package, allowing the request to be transmitted to London.
In Westminster, the House of Commons debated the Canada Bill, the UK legislation requested by Canada to give effect to patriation and end the UK Parliament’s remaining role in amending Canada’s constitution.
The UK Parliament enacted the Canada Act 1982, receiving Royal Assent on March 29, 1982, to implement Canada’s request and attach the new Constitution Act, 1982 as a schedule.
In litigation following the 1981 agreement, the Quebec Court of Appeal concluded there was no constitutional convention giving Quebec a unilateral veto over constitutional amendments—part of the post-patriation legal fallout.
Queen Elizabeth II signed the proclamation bringing the Constitution Act, 1982 into force on Parliament Hill, completing patriation, entrenching the Canadian Charter of Rights and Freedoms, and establishing domestic constitutional amending procedures.
The Supreme Court of Canada held there was no constitutional convention granting Quebec a veto over constitutional amendments, affirming the earlier conclusion that Quebec’s formal consent was not constitutionally required for patriation.
Patriation of the Constitution and the Constitution Act, 1982 (1976–1982)
