Jonah Patel
The Canadian Constitution, also known as the Constitution Act, 1982, is a fundamental document that outlines the country's governing principles and the roles of various governmental entities. When citing this document in academic or legal writing using the APA (American Psychological Association) style, there are specific guidelines to follow. Unlike most Canadian laws, the Constitution Act was enacted by the British Parliament in 1982 as part of the Canada Act. Therefore, when citing the Canadian Constitution in APA style, it is essential to reference both the Constitution Act and the Canada Act, along with the year and other relevant information.
| Characteristics | Values |
|---|---|
| Style guide | APA Style |
| Law type | Canadian law |
| Guide | McGill Law Journal's Canadian Guide to Uniform Legal Citation |
| In-text citations | Footnotes |
| Bibliography | Required |
| Reference example | Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 |
| Abbreviation | Use familiar abbreviations |
| Full name | Spell out in full first, then abbreviate |
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What You'll Learn
- Citing the Canadian Constitution in APA: use Bluebook Legal Citation style
- The Canadian Constitution is a law, so use the Canadian Guide to Uniform Legal Citation
- The Constitution Act, 1982: cite as a schedule to the UK's Canada Act 1982
- The Canadian Charter of Rights and Freedoms: cite as Part I of the Constitution Act
- Citing the Canadian government in APA: use the SFU Library guide
Citing the Canadian Constitution in APA: use Bluebook Legal Citation style
When citing the Canadian Constitution in APA format, it is recommended that you use the Bluebook Legal Citation style. This is because the Publication Manual of the APA does not cover Canadian government sources, although it does include some American government sources.
The Bluebook: A Uniform System of Citation includes examples of Canadian citation, including the constitution. The McGill Law Journal's Canadian Guide to Uniform Legal Citation should also be used as a reference, as it provides rules for citing Canadian laws, such as the Canadian Charter of Rights and Freedoms.
When citing the Canadian Constitution, the following format can be used:
> Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
This format includes the names of both the Constitution Act and the Canada Act, as the former was enacted by the British Parliament in 1982 as part of the latter.
When citing specific sections of the act, pinpoint references should be placed immediately after the title. For example:
> Canadian Charter of Rights and Freedoms, s 7, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
Here, 's 7' refers to the specific section of the Canadian Charter of Rights and Freedoms being cited. The section number will change depending on the part of the Charter being referenced.
It is important to note that in-text citations to legal documents are typically presented as footnotes, and bibliography entries may be required in addition to references, depending on the specific style guide being used.
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The Canadian Constitution is a law, so use the Canadian Guide to Uniform Legal Citation
The Canadian Constitution is a law, so to cite it in APA style, you should refer to the Canadian Guide to Uniform Legal Citation, also known as the McGill Guide or Red Book. This guide is the most common one used in law for citing references and is officially adopted by courts and major law reviews throughout Canada. It is published by the McGill Law Journal of the McGill University Faculty of Law and is used by law students, scholars, and lawyers.
The McGill Guide uses footnotes or endnotes, along with a bibliography of all works cited at the end of the research paper. It is worth noting that the guide itself is not available online, but you can learn how to cite the most common types of documents from the MacOdrum Library website. If you need to cite a particular item that is not found in this guide, you can consult the print edition or contact the library for help.
Constitutional statutes are cited slightly differently from other sources. For example, Indigenous laws and constitutions require additional information to help readers track the source. Translate titles using square brackets and no italics, but do not translate the names of Indigenous groups. URLs are usually necessary to include in these citations.
The neutral citation should be the main (first) citation, according to the 10th edition of the McGill Guide. If no neutral citation is available, then cite the case using the CanLII citation. A neutral citation is used to identify a case separately from any print reporter or online database, indicating the year of the decision, the court, and a decision number. CanLII citations are provided by the Canadian Legal Information Institute, which offers free, public access to Canadian case law, legislation, and some commentary.
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The Constitution Act, 1982: cite as a schedule to the UK's Canada Act 1982
The Canadian Constitution, or the Constitution Act, 1982, is cited as a schedule to the UK's Canada Act 1982. This is because, unlike most Canadian laws, the Constitution Act was enacted by the British Parliament in 1982 as part of the Canada Act.
When citing the Canadian Constitution in APA style, it is recommended to refer to the Bluebook Legal Citation style. The Bluebook: A Uniform System of Citation includes examples of citing Canadian legal sources, including the Constitution.
Reference example:
Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
This example is taken from the Canadian Guide to Uniform Legal Citation (2023, E-28). It includes the names of both acts, as well as the statute source for the Constitution Act, which is the United Kingdom's Canada Act 1982.
It is important to note that when citing specific sections of the act, you should follow the formatting guidelines for citing laws. Additionally, if you are citing the Canadian Charter of Rights and Freedoms from the Constitution Act, there may be specific guidelines to follow for that as well.
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The Canadian Charter of Rights and Freedoms: cite as Part I of the Constitution Act
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter, is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982. It was adopted in 1982, but it was not until 1985 that the main provisions regarding equality rights (section 15) came into effect. The Charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society.
The Charter is one part of the Canadian Constitution, which is a set of laws containing the basic rules about how the country operates. The Constitution is the supreme law of Canada; all other laws must be consistent with the rules set out in it. Since the Charter is part of the Constitution, it is the most important law in Canada. The rights and freedoms in the Charter are not absolute, however. They can be limited to protect other rights or important national values.
The Charter guarantees certain political rights to Canadian citizens and civil rights to everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter applies to the legislation and policies of the federal government and guarantees rights and freedoms similar to those found in the Charter. For example, with respect to language rights, the Charter has reinforced the rights of official language minorities. In criminal matters, the Charter has clarified the state's powers with respect to the rights of the accused.
The Bluebook: A Uniform System of Citation and the Canadian Guide to Uniform Legal Citation include Canadian citation examples, including Common Law and Civil Law (Quebec), constitutions, statutes, and regulations. For legal sources, the APA recommends using Bluebook Legal Citation style.
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Citing the Canadian government in APA: use the SFU Library guide
The SFU Library guide provides a comprehensive set of instructions for citing Canadian government documents in APA style. The guide is based on the APA Publication Manual, which does not cover Canadian government sources but includes some American government sources (Section 7.03, p. 205 and Appendix 7.1, pp. 216-224). The SFU guide offers clear and concise advice on how to navigate the challenges of citing government publications, which can come from various sources.
For legal sources, the SFU guide recommends using the Bluebook Legal Citation style. It also suggests referring to The Canadian Guide to Uniform Legal Citation, also known as McGill style, which is the country's primary style guide for legal citation. The latest edition of this guide includes updates relevant to online sources, such as emphasizing permalinks and citing Indigenous law sources. The SFU guide also provides a useful tip for long names of government bodies, suggesting that they be spelled out in full the first time and abbreviated thereafter, with the abbreviation in square brackets after the full name in the first citation.
The guide also offers specific examples of citing Canadian government documents in APA style. For instance, it demonstrates how to cite court cases, acts, and statutes, with instructions on italicization and inclusion of dates. It also provides examples of citing government reports, with guidance on including agency names, report titles, and retrieval information, such as URLs.
Additionally, the SFU Library guide emphasizes the importance of consistency and providing sufficient information for readers to follow up on cited records. It also highlights the differences between citing a document online and in print, reflecting that most government documents are accessed online. The guide also directs researchers to other resources, such as Concordia University's Government Information Citation Guides, and Queen's University's Brief Guide to Citing Canadian Government Sources, which offers valuable examples.
In summary, the SFU Library guide is a valuable resource for anyone seeking to cite Canadian government sources in APA style. It provides clear instructions, examples, and tips for navigating the complexities of citing government publications, legal sources, and online documents. By following this guide, researchers can ensure their citations are accurate, consistent, and accessible to readers.
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Frequently asked questions
The APA recommends using the Bluebook Legal Citation style for legal sources.
The Bluebook: A Uniform System of Citation is a guide that contains examples of legal citation styles for both Common Law and Civil Law (Quebec) in Canada.
The citation should include the names of both the Constitution Act, 1982, and the Canada Act, 1982 (UK), as well as the chapter and schedule number.
Place pinpoint references after the title for the Constitution Act and after the chapter number for other constitutional statutes.
