Legal Definition of Patriate

Repatriation is a non-legal term used in Canada to describe a process of constitutional amendment, also known as returning home, to the Constitution. Until 1982, Canada was governed by a constitution, which was a British law and could only be amended by an Act of the British Parliament. Patriation therefore explicitly refers to making the Constitution amenable only by Canada, without the Parliament of the United Kingdom being able to play a role in the amendment process. Therefore, patriation is associated with the adoption of the Canadian amending formula and the corresponding acquisition of full sovereignty. The word repatriation was coined in Canada as a regression from repatriation, which means returning to one`s country. Since the Canadian Constitution was originally a British law, it could not return to Canada. The term was first used by Prime Minister Lester B. in 1966. Pearson answered a question in Parliament: “We intend to do everything in our power to overturn or patriate the Constitution of Canada.” The transfer of governmental power from an old motherland to a new homeland.

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