The Statute of Westminster 1931 is one of the most significant legal documents in Canadian history, marking a decisive step in the evolution of Canada from a dominion within the British Empire to a fully sovereign nation. The statute, passed by the British Parliament, granted Canada—and other dominions like Australia, New Zealand, and South Africa—complete legislative independence, formally ending the authority of British law over Canadian affairs. It symbolized Canada’s growing maturity as a nation and its ability to manage its domestic and foreign policies without the need for British oversight.
The origins of the statute can be traced to the Imperial Conferences of the 1920s, where Canada, under Prime Minister William Lyon Mackenzie King, pushed for greater autonomy, particularly in foreign relations. The Balfour Declaration of 1926, issued at the Imperial Conference, recognized the dominions as “autonomous communities within the British Empire, equal in status, and in no way subordinate.” The Statute of Westminster was the legislative embodiment of this principle, codifying the equality of the dominions with Britain and establishing the legal framework for their independence.
One of the key aspects of the statute was its recognition that no act of the British Parliament would extend to Canada unless requested by the Canadian government. This formally ended the practice by which Britain could legislate for Canada, ensuring that Canadian laws could no longer be overridden by British legislation. The statute also gave the Canadian Parliament the power to amend or repeal British laws that had previously applied to Canada, further strengthening its legislative sovereignty.
The statute also had profound implications for Canada's relationship with the monarchy and its status as a member of the British Commonwealth. While Canada remained a constitutional monarchy with the British monarch as head of state, the statute made it clear that the Crown was a separate legal entity in each of the dominions. The monarchy would remain a unifying symbol, but Canada’s government was now fully responsible for its own affairs, including the appointment of its own Governor General and the conduct of its foreign policy.
While the Statute of Westminster was a momentous step toward full independence, it left certain issues unresolved. Notably, it did not address the question of amending Canada’s constitution, as the British North America Act (1867) remained a British statute. This meant that any constitutional amendments still required approval from the British Parliament. It would not be until the Constitution Act of 1982 that Canada fully patriated its constitution, giving it complete control over constitutional amendments without British involvement.
The influence of the Statute of Westminster on Canadian history is vast. It marked the formal end of colonial governance, transforming Canada into an equal partner within the British Commonwealth and setting the stage for its emergence as an independent nation on the world stage. The statute’s recognition of legislative autonomy allowed Canada to develop its foreign policy, leading to greater involvement in international organizations such as the United Nations and the North Atlantic Treaty Organization (NATO). It also allowed Canada to pursue its own course in areas such as trade, defense, and social policy, without needing to align with British interests.
Domestically, the statute symbolized a maturing national identity. Canadians began to see their country as a fully sovereign nation rather than as a dominion of the British Empire. While ties to Britain remained strong, particularly during World War II, the statute laid the groundwork for a distinct Canadian identity that would evolve throughout the 20th century. This growing sense of independence was reflected in Canada's diplomatic actions, such as its participation in the founding of the United Nations and its leadership in peacekeeping missions under the guidance of Prime Minister Lester B. Pearson.
The Statute of Westminster 1931 thus stands as a defining moment in Canadian history. It legally recognized Canada’s autonomy, allowing it to take its place on the world stage as a fully sovereign nation. While the road to full constitutional independence would not be completed until 1982, the statute was a crucial step in Canada’s evolution from colony to nation. Its legacy continues to shape Canada’s political, legal, and international identity, symbolizing the country’s long journey toward full self-determination./p>
An Act to give effect to certain resolutions passed by Imperial Conferences held in the years 1926 and 1930
[Preamble] Whereas the delegates to His Majesty's Governments in the United Kingdom, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland, at Imperial Conferences holden at Westminster in the years of our Lord nineteen hundred and twenty-six and nineteen hundred and thirty did concur in making the declarations and resolutions set forthin the Reports of the said Conference: And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol to the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom: And whereas it is in accord with the established constitutional position that no law hereafter made by the Parliament of the United Kingdom shall extend to any of the said Dominions as part of the law of that Dominion otherwise than at the request and with the consent of that Dominion. And whereas it is necessary for the ratifying, confirming and establishing of certain of the said declarations and resolutions of the said Conferences that a law be made and enacted in due form by authority of the Parliament of the United Kingdom: And whereas the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland have severally requested and consented to the submission of a measure to the Parliament of the United Kingdom for making such provision with regard to the matters aforesaid as is hereafter in this Act contained: Now, therefore, be in enacted by the King's Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Section 1 [Meaning of "Dominion" in this Act] In this Act the expression "Dominion" means any of the following Dominions, that is to say, the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, the Irish Free State and Newfoundland.
Section 2 [Validity of laws made by Parliament of a Dominion]
(1) The Colonial Laws Validity Act, 1865, shall not apply to any law made after the commencement of this Act by the Parliament of a Dominion.
(2) No law and no provision of any law made after the commencement of this Act by the Parliament of a Dominion shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order, rule, or regulation made under any such Act, and the powers of the Parliament of a Dominion shall include the power to repeal or amend any such Act, order, rule or regulation in so far as the same is part of the law of the Dominion.
Section 3 [Power of Parliament of Dominion to legislate extra-territorially] It is hereby declared and enacted that the Parliament of a Dominion has full power to make laws having extra-territorial operation.
Section 4 [Parliament of United Kingdom not to legislate for Dominion except by its consent] No Act of Parliament of the United Kingdom passed after the commencement of this Act shall extend or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that that Dominion has requested, and consented to, the enactment thereof.
Section 5 [Powers of Dominion Parliaments in relation to merchant shipping] Without prejudice to the generality of the foregoing provisions of this Act, sections seven hundred and thirty-five and seven hundred and thirty-six of the Merchant Shipping Act, 1894, shall be construed as though reference therein to the Legislature of a British possession did not include reference to the Parliament of a Dominion.
Section 6 [Powers of Dominion Parliaments in relation to Courts of Admiralty] Without prejudice to a generality of the foregoing provisions of this Act, section four of the Colonial Courts of Admiralty Act, 1890 (which requires certain laws to be reserved for the signification of His Majesty's pleasure or to contain a suspending clause), and so much of section seven of that Act as requires the approval of His Majesty in Council to any rules of Court for regulating the practice and procedure of a Colonial Court of Admiralty, shall cease to have effect in any Dominion as from the commencement of this Act.
Section 7 [Saving for British North America Acts and applications of the Act to Canada]
(1) Nothing in this Act shall be deemed to apply to the repeal, amendment or alteration of the British North America Acts, 1867 to 1930, or any order, rule or regulation made thereunder.
(2) The provisions of section two of this Act shall extend to laws made by any of the Provinces of Canada and to the powers of the legislatures of such Provinces.
(3) The powers conferred by this Act upon the Parliament of Canada or upon the legislatures of the Provinces shall be restricted to the enactment of laws in the relation to matters within the competence of the Parliament of Canada or of any of the legislatures of the Provinces respectively.
Section 8 [Saving for Constitution Acts of Australia and New Zealand] Nothing in this Act shall be deemed to confer any power to repeal or alter the Constitution or the Constitution Act of the Commonwealth of Australia or the Constitution Act of the Dominion of New Zealand otherwise than in accordance with the law existing before the commencement of this Act.
Section 9 [Saving with respect to States of Australia]
(1) Nothing in this Act shall be deemed to authorize the Parliament of the Commonwealth of Australia to make laws on any matter within the authority of the States of Australia, not being a matter within the authority of the Parliament or Government of the Commonwealth of Australia.
(2) Nothing in this Act shall be deemed to require the concurrence of the Parliament or Government of the Commonwealth of Australia, in any law made by the Parliament of the United Kingdom with respect to any matter within the authority of the States of Australia, not being a matter within the authority of the Parliament or Government of the Commonwealth of Australia, in any case where it would have been in accordance with the constitutional practice existing before the commencement of this Act that the Parliament of the United Kingdom should make that law without such concurrence.
(3) In the application of this Act to the Commonwealth of Australia the request and consent referred to in section four shall mean the request and consent of the Parliament and Government of the Commonwealth.
Section 10 [Certain sections of Act not to apply to Australia, New Zealand or Newfoundland unless adopted]
(1) None of the following sections of this Act, that is to say, sections two, three, four, five and six, shall extend to a Dominion to which this section applies as part of the law of that Dominion unless that section is adopted by the Parliament of the Dominion, and any Act of that Parliament adopting any section of this Act may provide that the adoption shall have effect either from the commencement of this Act or from such later date as is specified in the adopting Act.
(2) The Parliament of any such Dominion as aforesaid may at any time revoke the adoption of any section referred to in subsection (1) of this section.
(3) The Dominions to which this section applies are the Commonwealth of Australia, the Dominion of New Zealand and Newfoundland.
Section 11 [Meaning of "Colony" in future Acts] Notwithstanding anything in the Interpretation Act, 1889, the expression "Colony" shall not, in any Act of the Parliament of the United Kingdom passed after the commencement of this Act, include a Dominion or any Province or State forming a part of a Dominion.
Section 12 [Short title] This Act may be cited as the Statute of Westminster, 1931.
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