CANADA HISTORY - Documents

Pierre Trudeau - Patriation of Constitution

Analysis of the Document - (The Document follows below the Analysis)

On April 17, 1982, Prime Minister Pierre Elliott Trudeau delivered his Remarks at the Proclamation Ceremony, celebrating the historic patriation of the Canadian Constitution and the adoption of the Canadian Charter of Rights and Freedoms. This moment, which took place at Parliament Hill in Ottawa, marked the culmination of a long struggle for Canada to gain full legal independence from Britain, giving Canadians control over their constitution.

Trudeau’s speech embodied his deep belief in the power of federalism and individual rights, representing the essence of his political philosophy. In his remarks, he underscored that the patriation of the Constitution and the Charter was not merely a legal or administrative milestone but a reaffirmation of Canada’s commitment to democracy, justice, and equality. His words echoed with optimism and a sense of pride, for he saw this moment as the fulfillment of the promise of Confederation—a fully sovereign Canada that recognized and protected the rights of all its citizens.

At the heart of Trudeau’s address was the idea of the Canadian Charter of Rights and Freedoms, which he described as a transformative document that enshrined fundamental rights for every Canadian. He stressed that the Charter would ensure that individuals’ freedoms—freedom of speech, religion, and assembly, among others—were protected from government overreach. Trudeau viewed the Charter as a safeguard that would guarantee civil liberties and protect minority rights, securing a balance between individual freedoms and the powers of the state. His conviction was that the Charter would not only protect citizens’ rights but also bind Canadians together with shared values.

The implications of the 1982 Proclamation Ceremony were profound for Canada. First, it marked the end of Canada’s reliance on Britain for constitutional amendments, bringing full sovereignty to the Canadian Parliament and its people. From this moment forward, Canada could amend its own Constitution without the need for British approval. This moment of legal and political independence was symbolically powerful and reflected Canada’s maturity as a nation.

Secondly, the adoption of the Canadian Charter of Rights and Freedoms reshaped Canadian law and society. The Charter established a new legal framework that empowered courts to strike down laws that violated constitutional rights. Over the ensuing decades, the Charter would become a central document in Canadian jurisprudence, influencing landmark cases related to equality, language rights, and Indigenous issues. Trudeau’s belief in the universality of human rights found expression in the Charter, and his vision of a just and equal society became a reality through its legal and moral influence.

Furthermore, Trudeau’s speech also addressed the challenges posed by Canadian federalism. He acknowledged the divisions within the country—particularly in Quebec, where the provincial government had refused to sign the constitutional agreement—but expressed hope that, over time, the Constitution would become a unifying force for all Canadians. His speech appealed to the principles of equality, fairness, and inclusiveness, arguing that the Constitution was designed to strengthen Canada’s federal system by ensuring that all provinces, and all Canadians, had a voice in how the country was governed.

For Trudeau, the patriation of the Constitution and the Charter of Rights and Freedoms were not just legal triumphs but moral victories that embodied Canada’s most cherished ideals. His speech celebrated the Charter as a statement of Canadian values, emphasizing that the protection of individual rights and freedoms was fundamental to the country's democratic fabric. Trudeau believed that Canada’s diverse and multicultural society could thrive only if the rights of minorities were protected, and the Charter would serve as a tool to guarantee this protection.

In conclusion, Pierre Trudeau’s Remarks at the Proclamation Ceremony on April 17, 1982, marked a watershed moment in Canadian history. The patriation of the Constitution, along with the adoption of the Charter of Rights and Freedoms, represented the culmination of Trudeau’s vision for a united, sovereign, and just Canada. The speech not only celebrated Canada’s full independence from Britain but also reinforced the principles of federalism, equality, and individual rights that would define Canada’s political and legal landscape for decades to come. Trudeau’s legacy, enshrined in the Charter, continues to shape the nation, securing rights for generations of Canadians and solidifying the country’s identity as a bastion of democracy and human rights.

The Right Honourable Pierre Elliott Trudeau

Remarks at the Proclamation Ceremony

April 17, 1982

(Translation)

Your Majesty, Your Royal Highness, Excellencies, Fellow Canadians,

Today, at long last, Canada is acquiring full and complete national sovereignty. The Constitution of Canada has come home. The most fundamental law of the land will now be capable of being amended in Canada, without any further recourse to the Parliament of the United Kingdom.

In the name of all Canadians, may I say how pleased and honoured we are that Your Majesty and Your Royal Highness have journeyed to Canada to share with us this day of historic achievement.

For more than half a century, Canadians have resembled young adults who leave home to build a life of their own, but are not quite confident enough to take along all their belongings. We became an independent country for all practical purposes in 1931, with the passage of the Statute of Westminster. But by our own choice, because of our inability to agree upon an amending formula at that time, we told the British Parliament that we were not ready to break this last colonial link.

After fifty years of discussion we have finally decided to retrieve what is properly ours. It is with happy hearts, and with gratitude for the patience displayed by Great Britain, that we are preparing to acquire today our complete national sovereignty. It is my deepest hope that Canada will match its new legal maturity with that degree of political maturity which will allow us all to make a total commitment to the Canadian ideal.

I speak of a Canada where men and women of aboriginal ancestry, of French and British heritage, of the diverse cultures of the world, demonstrate the will to share this land in peace, in justice, and with mutual respect. I speak of a Canada which is proud of, and strengthened by its essential bilingual destiny, a Canada whose people believe in sharing and in mutual support, and not in building regional barriers.

I speak of a country where every person is free to fulfill himself or herself to the utmost, unhindered by the arbitrary actions of governments.

(Text)

The Canadian ideal which we have tried to live, with varying degrees of success and failure for a hundred years, is really an act of defiance against the history of mankind. Had this country been founded upon a less noble vision, or had our forefathers surrendered to the difficulties of building this nation, Canada would have been torn apart long ago. It should not surprise us, therefore, that even now we sometimes feel the pull of those old reflexes of mutual fear and distrust.

-- Fear of becoming vulnerable by opening one's arms to other Canadians who speak a different language or live in a different culture.

-- Fear of becoming poorer by agreeing to share one's resources and wealth with fellow citizens living in regions less favoured by nature.

The Canada we are building lies beyond the horizon of such fears. Yet it is not, for all that, an unreal country, forgetful of the hearts of men and women. We know that justice and generosity can flourish only in an atmosphere of trust.

For if individuals and minorities do not feel protected against the possibility of the tyranny of the majority, if French-speaking Canadians or native peoples or new Canadians do not feel they will be treated with justice, it is useless to ask them to open their hearts and minds to their fellow Canadians.

Similarly, if provinces feel that their sovereign rights are not secure in those fields in which they have full constitutional jurisdiction, it is useless to preach to them about co-operation and sharing.

The Constitution which is being proclaimed today goes a long way toward removing the reasons for the fears of which I have spoken.

We now have a Charter which defines the kind of country in which we wish to live, and guarantees the basic rights and freedoms which each of us shall enjoy as a citizen of Canada.

It reinforces the protection offered to French-speaking Canadians outside Quebec, and to English-speaking Canadians in Quebec. It recognizes our multicultural character. It upholds the equality of women, and the rights of disabled persons.

The Constitution confirms the longstanding division of powers among governments in Canada, and even strengthens provincial jurisdiction over natural resources and property rights. It entrenches the principle of equalization, thus helping less wealthy provinces to discharge their obligations without excessive taxation. It offers a way to meet the legitimate demands of our native peoples. And, of course, by its amending formula, it now permits us to complete the task of constitutioal renewal in Canada.

(Translation)

The government of Quebec decided that it wasn't enough. It decided not to participate in this ceremony, celebrating Canada's full independence. I know that many Quebecers feel themselves pulled in two directions by that decision. But one need look only at the results of the referendum in May, 1980, to realize how strong is the attachment to Canada among the people of Quebec. By definition, the silent majority does not make a lot of noise; it is content to make history.

History will show, however, that in the guarantees written into the Charter of Rights and Freedoms, and in the amending formula -- which allows Quebec to opt out of any constitutional arrangement which touches upon language and culture, with full financial compensation -- nothing essential to the originality of Quebec has been sacrificed.

Moreover, the process of constitutional reform has not come to an end. The two orders of government have made a formal pledge to define more precisely the rights of native peoples. At the same time, they must work together to strengthen the Charter of Rights, including language rights in the various provinces. Finally, they must try to work out a better division of powers among governments.

(Text)

It must however be recognized that no Constitution, no Charter of Rights and Freedoms, no sharing of powers can be a substitute for the willingness to share the risks and grandeur of the Canadian adventure. Without that collective act of the will, our Constitution would be a dead letter, and our country would wither away.

It is true that our will to live together has sometimes appeared to be in deep hibernation; but it is there nevertheless, alive and tenacious, in the hearts of Canadians of every province and territory. I wish simply that the bringing home of our Constitution marks the end of a long winter, the breaking up of the ice-jams and the beginning of a new spring.

For what we are celebrating today is not so much the completion of our task, but the renewal of our hope -- not so much an ending, but a fresh beginning.

Let us celebrate the renewal and patriation of our Constitution; but let us put our faith, first and foremost, in the people of Canada who will breathe life into it.

It is in that spirit of faith, and of confidence, that I join with Canadians everywhere in sharing this day of national achievement. It is in their name, Your Majesty, that I now invite you, the Queen of Canada, to give solemn proclamation to our new Constitution.