- published: 19 May 2014
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Patriation is a non-legal term used in Canada to describe a process of constitutional change, also known as homecoming, of the constitution. Up until 1982, Canada was governed by a constitution that was a British law and could be changed only by an act of the British parliament (only with the consent of the Canadian government). Patriation thus specifically refers to making the constitution amendable by Canada only, with no role for the Parliament of the United Kingdom to play in the amending process. Hence, patriation is associated with the adoption of the Canadian amending formula and the corresponding acquisition of full sovereignty.
The word patriation was invented in Canada and based upon the word repatriation, which means to return to one's country. As the Canadian constitution was originally a British law, it could not return to Canada. The term was first used in 1966 by Prime Minister Lester B. Pearson in response to a question in parliament: "We intend to do everything we can to have the constitution of Canada repatriated, or patriated."