Isabella Carter
The Constitution Act, 1982, is a part of the Constitution of Canada and was enacted as Schedule B to the Canada Act 1982, 1982, c 11 (U.K.). It was signed on April 17, 1982, by Queen Elizabeth II, Prime Minister Pierre Trudeau, the Minister of Justice, Jean Chrétien, and André Ouellet, the Registrar General. The Constitution Act, 1982, is made up of seven parts, including the Canadian Charter of Rights and Freedoms, which is the first part of the Act.
| Characteristics | Values |
|---|---|
| Number of Parts | 7 |
| First Part | Canadian Charter of Rights and Freedoms |
| Second Part | Guarantees the existing rights of Indigenous peoples in Canada |
| Third Part | Recognizes the federal government’s practice of providing equalization payments to poorer provinces |
| Fourth Part | Called for a constitutional conference to discuss the rights of Indigenous peoples |
| Fifth Part | Contains the procedure for amending the Constitution |
| Sixth Part | Amends the BNA Act, 1867, to specify that provincial governments have exclusive jurisdiction over non-renewable natural resources |
| Seventh Part | Contains several minor, miscellaneous provisions |
Explore related products
What You'll Learn
The Canadian Charter of Rights and Freedoms
The Canadian Constitution of 1982 consists of seven parts, the first of which is the Canadian Charter of Rights and Freedoms. This charter was drafted by the federal government in consultation with provincial governments and came into force on April 17, 1982, when it was signed by Queen Elizabeth II, Prime Minister Pierre Trudeau, the Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General.
The charter also includes important legal protections, such as the right to not be found guilty of any act or omission that was not an offence under Canadian or international law at the time it was committed. It also protects against double jeopardy, ensuring that an acquitted person cannot be tried for the same offence again. Additionally, it provides that a witness's incriminating testimony in any proceeding cannot be used to incriminate them in other proceedings, except in cases of perjury or contradictory evidence.
The Building Blocks of Scientific Nomenclature
You may want to see also
Rights of Aboriginal peoples
The Canadian Constitution, also known as the Constitution Act, 1982, consists of seven parts. The Act was introduced as part of Canada's process of patriating the constitution, bringing it under the country's authority and introducing several amendments. One of the key aspects of the Constitution Act was the recognition and protection of the rights of Aboriginal peoples in Canada.
The rights of Aboriginal peoples in Canada, including First Nations, Métis, and Inuit communities, were a significant focus of the 1982 Canadian Constitution. The Constitution Act, 1982, includes the Canadian Charter of Rights and Freedoms, which is designed to prevent the federal, provincial, and territorial governments from infringing on the rights and freedoms of Canadians. While the Charter of Rights and Freedoms is an important component of the Constitution, it is essential to note that it is separate from the recognition of Aboriginal rights, which are specifically addressed in Section 35.
Section 35 of the Constitution Act, 1982, is dedicated to recognizing and affirming the existing Aboriginal and Treaty Rights of Aboriginal peoples in Canada. This section defines "Aboriginal peoples of Canada" as including Indian, Inuit, and Métis peoples, acknowledging their distinct identities and rights. The inclusion of Section 35 was a direct result of the advocacy and mobilization of Aboriginal groups and leaders across the country, who fought for the recognition and protection of their rights.
The movement for the inclusion of Aboriginal rights in the Constitution was marked by grassroots efforts, demonstrations, and campaigns. One notable example is the "Constitution Express," organized by the Union of British Columbia Indian Chiefs in 1980. This demonstration involved two trains travelling from Vancouver to Ottawa, raising awareness and engaging Canadians along the way. The efforts of Aboriginal peoples and their leaders were instrumental in ensuring that their rights were enshrined in the Constitution.
It is important to acknowledge that while Section 35 recognizes and affirms Aboriginal rights, it did not create those rights. Aboriginal rights have existed prior to the inclusion of Section 35 in the Constitution. Additionally, the interpretation and enforcement of Aboriginal rights in daily life continue to be a complex issue, with some arguing that there is a disparity between the rights upheld by Section 35 and the lived experiences of Aboriginal peoples. Nonetheless, Section 35 plays a crucial role in guiding court and government decisions that directly impact Indigenous Peoples in Canada.
The Constitution and Political Parties: Partners or Strangers?
You may want to see also
Provincial jurisdiction over natural resources
The Constitution Act, 1982, is a part of the Constitution of Canada. It was introduced to patriate the Constitution and make several amendments to the British North America Act, 1867, including renaming it the Constitution Act, 1867. The Constitution Act, 1982, is comprised of seven parts, and it addresses the provincial jurisdiction over natural resources.
The sixth part of the Constitution Act, 1982, amends the BNA Act, 1867, to specify that the provincial governments have exclusive jurisdiction over non-renewable natural resources. This amendment was set out in sections 50 and 51 of the 1982 Act. The new provisions, Section 92A and the Sixth Schedule, give the provinces the exclusive right to regulate the development of non-renewable natural resources and electrical generation.
The provincial jurisdiction over natural resources was entrenched by the Constitution Act, 1982, which provided that any law inconsistent with the Constitution is of no force or effect. This means that a law that contradicts the Constitution is theoretically invalid from the moment it is made. However, in practice, such a law is not considered invalid until a court declares it to be inconsistent with the Constitution.
The provincial jurisdiction over natural resources is not absolute, and there are instances where federal approval may be required. For example, if a mining or forestry project within a province has potential impacts on fisheries or migratory birds, it falls under the Migratory Birds Convention Act, which is under Canada's international treaty-making jurisdiction. In such cases, conflicts may arise between the application of provincial and federal legislative powers, as seen in the litigation surrounding the Trans Mountain Pipeline and the greenhouse gas tax litigation.
The Constitution Act, 1982, also guarantees the rights of Indigenous peoples in Canada, including their land claims to natural resources resulting from treaties and Indigenous land claims in non-treaty areas. Section 35 of the Constitution Act, 1982, "recognizes and affirms" the "existing" Aboriginal and treaty rights, protecting the activities, practices, traditions, and land use for traditional practices integral to the distinct cultures of Aboriginal peoples.
The Executive Branch: Key Positions and Their Powers
You may want to see also
Explore related products
Judicial review
The Constitution Act, 1982, is a part of the Constitution of Canada and was enacted as Schedule B to the Canada Act 1982. The Act was introduced as part of Canada's process of patriating the constitution, making several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867.
The Constitution Act, 1982, consists of seven parts. The first part is the Canadian Charter of Rights and Freedoms, which prevents the federal, provincial, and territorial governments from infringing upon the rights and freedoms of Canadians. The second part guarantees the existing rights of Indigenous peoples in Canada, although these rights are not explicitly defined. The third part recognizes the federal government's practice of providing equalization payments to poorer provinces to reduce disparities in services between provinces.
The fourth part of the Act called for a constitutional conference to be held before April 17, 1983, to discuss the rights of Indigenous peoples, with the participation of representatives of Aboriginal peoples. The fifth part outlines the procedure for amending the Constitution, specifying that most sections can be changed with approval from the Senate, the House of Commons, and at least seven provincial legislatures representing at least 50% of Canada's population (known as the 7/50 rule). Certain provisions, such as those dealing with the composition of the Supreme Court, language use, and parliamentary representation, require unanimous approval from the Senate, the House of Commons, and all ten provincial legislatures.
The sixth part of the Act amends the Constitution Act, 1867, to specify that provincial governments have exclusive jurisdiction over non-renewable natural resources. The seventh part contains miscellaneous provisions.
The Constitution Act, 1982, significantly expanded the scope of judicial review in Canada. The Canadian Charter of Rights and Freedoms is more explicit than the previous Canadian Bill of Rights in guaranteeing rights and outlining the role of judges in enforcing them. As a result, courts have been empowered to strike down unconstitutional statutes or parts of statutes that violate the Charter rights. This expanded role of the judiciary in interpreting and enforcing constitutional rights has been a notable effect of the adoption of the Charter.
Understanding the Constitution: Amendments Explained
You may want to see also
Amendments
The Constitution Act of 1982 is a part of the Constitution of Canada. It was introduced to patriate the Constitution and make several amendments to the British North America Act, 1867, including renaming it the Constitution Act, 1867. The Act also set out the procedures for future amendments to the Constitution.
The fifth part of the Constitution Act, 1982, outlines the procedure for amending the Constitution. Most sections of the Constitution can be amended with approval from the Senate, the House of Commons, and the legislatures of at least two-thirds (seven) of the provinces, as long as those provinces contain at least 50% of Canada's population. This is known as the 7/50 rule.
Unanimous approval from the Senate, the House of Commons, and all ten provincial legislatures is required to amend provisions concerning the composition of the Supreme Court, the use of French and English languages, the right of a province to have at least as many members of Parliament as senators, and the offices of the Queen, the governor general, or the lieutenant-governors. The amending formula does not mention the abolition of the Senate.
The sixth part of the Constitution Act, 1982, amends the BNA Act, 1867, to specify that provincial governments have exclusive jurisdiction over non-renewable natural resources. The seventh part contains several minor and miscellaneous provisions.
There have been several amendments to the Constitution since 1982, mostly limited in scope, addressing specific provinces' concerns. For example, there have been amendments related to provincial schooling in Newfoundland and Quebec and the change of Newfoundland's name to Newfoundland and Labrador. The two most comprehensive attempts to revise the Constitution, the Meech Lake Accord and the Charlottetown Accord, were defeated and never came into effect.
Exploring Constitution Revisions: What's Been Recinded?
You may want to see also
Frequently asked questions
The Canadian Constitution of 1982 has 7 parts.
The first part of the 1982 Canadian Constitution is the Canadian Charter of Rights and Freedoms. This was enacted to prevent the federal, provincial, and territorial governments from infringing on the rights and freedoms of Canadians.
The second part of the 1982 Canadian Constitution guarantees the existing rights of Indigenous peoples in Canada.
