Statute of Westminster     from TCE Standard

Statute of Westminster, 11 Dec 1931, a British law clarifying the powers of Canada's Parliament and those of the other Dominions, and granting the former colonies full legal freedom except in those areas where they chose to remain subordinate. Until this time the British government had certain ill-defined powers, and ultimately overriding authority, over Dominion legislation.

The Imperial Conference of 1926 began to give legal substance to the BALFOUR REPORT declaration that Britain and the Dominions were constitutionally "equal in status."

The 1929 Conference on the Operation of Dominion Legislation and the Imperial Conference of 1930 continued to work towards agreement on fundamental changes in the COMMONWEALTH'S complex legal system.

Finally, at the request and with the consent of the Dominions, the Statute of Westminster was passed by the British Parliament.

After consultation between Canada's federal and provincial governments, the repeal, amendment or alteration of the BRITISH NORTH AMERICA ACTS, 1867-1930, was specifically excepted from the terms of the statute: the amendment of the Canadian Constitution remained exclusively the preserve of the British Parliament until passage of the CONSTITUTION ACT, 1982.

Nor did Canada immediately take up all of its new powers under the statute.

Not until 1949, for instance, did the JUDICIAL COMMITTEE OF THE PRIVY COUNCIL cease to be a final court of appeal for Canadians.

Author NORMAN HILLMER

Statute of Westminster