Nicole Friesen EDUC 450B Dec.

. 13, 2012 Debate: What are the most significant events in Canadian history? Historical significance expresses a relationship between ourselves and the past. In order to establish whether events, people or development are historically significant, they must satisfy certain criteria. There are two types of questions that determine historical significance. The first guidepost asks whether the event in question resulted in change; not just a small change, but the change was durable, profound and qualitative. This means that the change had long-lasting consequences that were deep and intense for many people. The next guidepost examines whether or not the event shed any light on the time period in question and maybe even more importantly, whether or not it sheds light on a contemporary issue. Historians construct historical significance by asking these questions. They place the event in question into a storyline that is important and central to a cultures identity. The amazing thing about the Canada Act of 1982 is that it resulted in durable change: the Constitution remains a major part of Canadian law today. It had profound change: the Canada Act of 1982 affected the whole British Empire. The Constitution Act of 1982 (part of the Canada Act of 1982) effected qualitative change: it governs every Canadians life every day. Finally, it reveals the importance of autonomy during that time period and sheds light on the civic rights of all Canadians, including minorities and Aboriginals today. All the events debated here today are significant. The Westminster Statute of 1931 definitely had an impact on Canadian society and the intentional waiting one week to go to war in 1939 also affected Canadian society; but I would argue that the Constitution Act of 1982

resulted in the most change. It had the most durable, profound effect and affected the most people ergo it was the MOST significant. Stuart Langford wrote in his book, To be sure, the Constitution was amended between 1867 and 1982 but only to accomplish limited goals, for example, to admit Newfoundland as a new province (1949), to give the Western provinces control over natural resources (1930), to transfer to the federal government exclusive control over unemployment insurance (1940), to alter the tenure of superior court judges (1960), and etc..1 The Constitution Act of 1982 proves itself the most significant because it fulfills the criteria to the fullest. In terms of change, the effects of the Canada Act of 1982 wrought the longest and deepest on the most people in Canada and Britain. On Canadas path to autonomy, 1931 and 1939 make small dents but 1982 was the full break away from Britain. According to the Canada Act of 1982, from that time on, the United Kingdom Parliament relinquishes the power to affect any Canadian laws: including the Constitution. Never again can the British government make decisions on our behalf. This is a forever change. The Constitution will never again be amended on soil that is not Canadian. Along with the Constitution also came the Canadian Charter of Rights and Freedoms. This charter is the first time the rights and freedoms of Canadian citizens, no matter who you were, were written down. At any point in history before this moment minorities did not have civil rights or freedoms written down, women did not have their civil rights and freedoms written down, the handicapped, the young, the old, and the list goes on. According to Stuart Langford, the Constitution affects so many different people that it is impossible to measure the impact: It (his book) addresses itself primarily to the question of how Canadas new Constitution differs from the old and how the changes in the fundamental law of the land will alter our lives. Certainly our lives will be altered. It is quite impossible to bestow rights on people without some costs. For every right there is a corresponding duty. The rights newly acquired by women, the handicapped, the young and the old will force new
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Stuart Langford, A Practical Guide to the New Canadian Constitution: The Law of Your Land, 19

responsibilities on all Canadians. If women are at last to be recognized as truly equal, the hiring practices will have to change, sexual stereotyping will have to cease, labour laws and a host of others will have to be amended. If the handicapped demand the equality the Constitution promises them, then society will have to spend enormous sums of money to erase the obstacles, man-made and other, with which the handicapped are confronted daily. 2 Stuart Langford clearly lays out how the Charter of Rights and Freedoms affects every individual in Canadian society whether they realize it or not. This changes everyday life for everyday people in Canada. The Constitution Act of 1982 is part of the Canada Act, 1982 which was the last act of the United Kingdom Parliament containing the English and French versions of the Constitution Act, 1982. Part of the Canada Act was the patriation of the Canadian constitution, the act of bring a constitution document to its home country. Part of the Constitution Act, 1982 was the Charter of Rights and Freedoms which included: Canadians fundamental freedoms (conscience, religion, thought, belief, opinion etc), democratic freedoms (vote, run for office), mobility rights (live and work in any part of Canada), legal rights (life, liberty and security of the person, not arbitrarily obtained, habeus corpus), equality rights (bans discrimination based on race, national or ethnic origin, color, race, religion, sex, age, mental or physical disability), language rights (English and French are the designated official languages), minority language educational rights (determines who has the right to be educated in French or English) and Aboriginal rights (the charter cannot conflict with pre-existing rights).3 These rights and freedoms belong to every single Canadian citizen so its impact on Canadian society is immeasurable. It is easy to see how the Charter of Rights and Freedoms alone in this Act have profound and qualitative effect on Canadian society.

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Stuart Langford, 10 http://laws.justice.gc.ca/eng/Const/index.html

The Canada Act, 1982 also sheds light on the enduring issue of autonomy in Canada at that time. This act is the culmination of the long struggle for Canada to become autonomous. Ever since Confederation in 1867, Canadians have fought for autonomy. 1931 and 1939 were both major players in that struggle, but 1982 is the finale. In order for the Canada Act, 1982 to establish its prominence as the most significant event in Canadian history, it also has to shed light on a contemporary issue. This criterion is easily fulfilled in the Charter of Rights and Freedoms and the Constitution itself. Lawyers are constantly referring to the Constitution for precedents in justice. Canadians are interested in protecting their rights and freedoms, for example more than once a week, I will talk about the freedom of religion or my right to believe or think what I want. If the Canada Act, 1982 was not created, Canadians would not enjoy these freedoms in the same as we can today. The fact that provisions are made for all Canadians without reference to race, national or ethnic origin, color, race, religion, sex, age, mental or physical disability speaks to Canadians interest in protecting the minorities rights. The last criterion for historical significance demands that the event occupies a meaningful place in a narrative. The story of Canada as a developing and now developed country climaxes in 1982 with the Canada Act. Again, 1931 and 1939 are events that keep the plot of Canadas story moving forward, but they cannot compare with the peak that is 1982. Now let us look to the durability of change in our classrooms. The Socials 11 IRPs include the Constitution and Charter of Rights and Freedoms: describe major provisions of the Canadian constitution, including the Canadian Charter of Rights and Freedoms, and assess its impact on Canadian society; assess the development and impact of Canadian social policies and programs related to immigration, the welfare state, and minority rights; introduction to the

Constitution (Planning for Assessment) and ensure that students understand the evolution of Canadas political autonomy up to the point of the patriation of the Constitution in 1982.4 It is also mentioned in Unit 4: Provide students with information on minority groups in Canada from World War I to a predetermined time period, as well as background information such as Charter of Rights and Freedoms: students should be able to use the Charter of Rights and Freedoms to better understand minority groups, which we are unable to do with Statute of Westminster and Canada declaring war on Germany on Sept 10, 1939.5 Part of the rationale for teaching about the Charter and the Constitution in the IRPs is: The study of politics and government builds on students prior understanding of government structures, preparing them with the skills, knowledge, and sense of efficacy to become informed and active citizens of Canada. This study will allow students to gain understanding of their Charter rights, political philosophies and parties, elections, and how to influence public policy.6 Even today, the change that occurred in 1982 is being examined in great detail in our classrooms. By fulfilling the criteria for historical significance to a greater degree than the Westminster Statute of 1931 and Canadas decision to intentionally hold off declaring war on Germany in 1939, The Canada Act of 1982 including the Constitution and Charter of Rights and Freedoms is by far a more significant event. Is it the most significant event? That is up to you.

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http://www.bced.gov.bc.ca/irp/pdfs/social_studies/2005ss_11.pdf http://www.bced.gov.bc.ca/irp/pdfs/social_studies/2005ss_11.pdf 6 Curriculum Overview, Socials 11 IRP, http://www.bced.gov.bc.ca/irp/pdfs/social_studies/2005ss_11.pdf, 12

Bibliography 1931 - 1982: Toward Renewal and Patriation http://www.canadiana.ca/citm/themes/constitution/constitution15_e.html Department of Justice. Constitution Acts, 1867 to 1982. http://laws.justice.gc.ca/eng/Const/index.html Langford, Stuart. A Practical Guide to the New Canadian Constitution: The Law of Your Land. Canadian Broadcasting Corporation: 1982. Maton. William F. Canadian Constitutional Documents: A Legal History http://www.solon.org/Constitutions/Canada/English/ Ministry of Education. Social Studies 11: Integrated Resource Package http://www.bced.gov.bc.ca/irp/pdfs/social_studies/2005ss_11.pdf Morton, Desmond. Strains of Affluence (1945-200) in The Illustrated History of Canada, Ed. Craig Brown. Key Porter Books: 2002. Seixas, Peter and Tom Morton. The Big Six: Historical Thinking Concepts. Nelson Education: 2013.