Jonah Patel
The Canadian Constitution is a complex mix of statutes, orders, and British and Canadian court decisions, rather than a single document. It includes the Constitution Act of 1867 (formerly the British North America Act, 1867), the Canadian Charter of Rights and Freedoms, and the Constitution Act of 1982, which contains the Charter and other provisions. The Constitution has roots dating back to the 13th century, with influences from England's Magna Carta and the first English Parliament of 1275. While the exact word count is unclear, the Constitution's complexity and long history suggest it would be a lengthy document.
| Characteristics | Values |
|---|---|
| Number of words | Not specified |
| Number of pages | Not specified |
| Number of acts | 2 (Constitution Act, 1867 and Constitution Act, 1982) |
| Number of sections | Multiple (e.g. Sections 26, 27, 28, 35, 45, 51, 90Q.1, 93A, 52(2)) |
| Number of parts | 5 (Part V is one of them) |
| Number of amendments | Multiple (e.g. Canada Act 1982, Statute of Westminster 1931, British North America Act 1949) |
| Number of statutes | Multiple (e.g. English Bill of Rights 1689, Act of Settlement 1701) |
| Number of colonies that joined Canada after Confederation | 3 (British Columbia, Prince Edward Island, Newfoundland and Labrador) |
| Number of remaining provinces created by federal statute | 3 (Manitoba, Saskatchewan, Alberta) |
Explore related products
What You'll Learn
The Canadian Constitution's written and unwritten components
The Canadian Constitution has always been characterized by a duality of written and unwritten components. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The written Constitution is Canada's supreme law, taking precedence over all other laws and placing substantive limits on government action. It includes the Constitution Act of 1867 (formerly the British North America Act, 1867), the Constitution Act of 1982 (which includes the Canadian Charter of Rights and Freedoms), treaties with Indigenous peoples, and a small number of statutes deemed constitutional by the courts. These textual aspects establish the federal branches of the state, divide powers between the federal and provincial governments, create individual rights, affirm Aboriginal and treaty rights of Indigenous peoples, and set parameters for constitutional amendments.
The unwritten elements of the Canadian Constitution are equally significant and include constitutional conventions, prerogative powers, common law rights, Charter values, and constitutional principles and architecture. Constitutional conventions refer to accepted practices such as the existence of the office of the Prime Minister and the requirement for the Crown to grant royal assent to bills adopted by both houses of Parliament. Prerogative powers are the "residual" powers once held by the monarch and now exercised by the modern executive. Common law rights are those articulated by judges before the enactment of the Charter of Rights and Freedoms. Charter values are the values that underpin and animate the individual rights outlined in the Charter. Constitutional principles and architecture refer to the legal principles and structures that provide the foundation for the written Constitution.
The written and unwritten components of the Canadian Constitution are interconnected and mutually reinforcing. The unwritten principles help interpret the written Constitution and allow it to adapt to changing circumstances. They are rooted in Canada's constitutional history and reflect an understanding of the constitutional text, its historical context, and previous court interpretations. While the written Constitution takes precedence, unwritten principles can have legal force and create legal obligations, as demonstrated in the case of Quebec's secession, where the Supreme Court ruled that a "clear majority" vote in favour of secession would trigger negotiations between provincial and federal governments.
The Canadian Constitution, with its written and unwritten elements, provides Canada with a legal structure for a stable, democratic government. It guarantees individual rights and freedoms, promotes multiculturalism, and ensures the protection of Indigenous rights. The interplay between the written and unwritten components allows for flexibility and growth within a framework of established rules and principles, contributing to the dynamic nature of Canada's constitutional framework.
Locke and Rousseau's Influence on the Constitution
You may want to see also
The Constitution Act, 1982
The Act also includes a schedule of repeals of certain constitutional enactments and provides for the renaming of others. For example, the British North America Act, 1949, was renamed the Newfoundland Act. Furthermore, Section 52 of the Act states that "the Constitution of Canada is the supreme law of Canada," and any inconsistent law is null and void. It also specifies the written documents included in the Constitution of Canada, such as the Canada Act 1982 and the Constitution Act, 1982.
The Constitution's Inception: Unlocking America's Founding Principles
You may want to see also
The Canadian Charter of Rights and Freedoms
The Charter guarantees rights and freedoms that Canadians believe are necessary in a free and democratic society. It applies to the Parliament and Canadian government regarding all matters within the Parliament's authority, including all matters related to the Yukon and Northwest Territories. It also applies to provincial legislatures and governments concerning all matters within the legislature's authority. The Charter guarantees rights such as equality, democracy, and mobility. It also guarantees the freedom of conscience, religion, and peaceful assembly. The Charter protects the right to freedom of speech and the press, the right to assemble peacefully, the right to travel, due process, privacy, the right to an attorney, and the right to a speedy trial in criminal cases. It also includes the right to vote and the right "to enter, remain in, and leave Canada".
The rights and freedoms in the Charter are not absolute and can be limited to protect other rights or important national values. For example, freedom of expression may be restricted by laws against hate propaganda or child pornography. The Charter also states that its rights can be limited by law as long as those limits are reasonable in a free and democratic society. It guarantees these rights equally to males and females. It also does not affect the operation of religious schools that are protected under the Constitution.
The Charter has been a source of change and progress and has affirmed the values of Canadian society. It has, for instance, reinforced the rights of official language minorities and led to the recognition and enforcement of the rights of minority and disadvantaged groups.
Mueller Report: Congress' Right to Know?
You may want to see also
Explore related products
Amendments to the Constitution
Canada's constitution is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. It is not one document but a collection of core written documents and provisions that are constitutionally entrenched, take precedence over all other laws, and place substantive limits on government action; these include the Constitution Act, 1867 (formerly the British North America Act, 1867) and the Canadian Charter of Rights and Freedoms.
Constitutional conventions form part of the constitution, but they are not judicially enforceable. They include the existence of the office of prime minister and the Cabinet, the requirement that the Crown, in most circumstances, must grant royal assent to bills adopted by both houses of Parliament, and the requirement that the prime minister either resign or request a dissolution and a general election upon losing a vote of confidence in the House of Commons.
The Canadian Charter of Rights and Freedoms, enacted as part of the Constitution Act, 1982, sets out the rights and freedoms that Canadians believe are necessary in a free and democratic society. It is the most important law in Canada, and it has fundamentally changed much of Canadian constitutional law. The enactment of the Charter also made it significantly more difficult to amend the constitution. Before the Charter came into effect, the Canadian constitution could be amended by an act of the British parliament, an informal agreement between the federal and provincial governments, or by adoption as the custom of an oral convention or performance that shows precedential but unwritten tradition. Now, textual amendments must conform to certain specified provisions in the written portion of the Canadian constitution.
The Constitution Act, 1982, also created an amending formula, outlining the criteria that must be met to make future changes. Most sections of the Constitution can be changed 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. An amendment can proceed without Senate approval if the House of Commons approves the amendment and then does so again at least 180 days later.
There have been thirteen amendments to the constitution since 1982, most of which have been limited in scope, dealing with matters affecting specific provinces. Amendments have dealt with provincial schooling in Newfoundland and Quebec, the changing of the name of Newfoundland to Newfoundland and Labrador, and the seat allocation formula for the House of Commons.
Socialism and the Constitution: A Balancing Act?
You may want to see also
The Constitution's recognition of Indigenous rights
The Canadian Constitution is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. It is not one document, and it includes written and unwritten components.
The Canadian Constitution recognises the rights of Indigenous peoples. The Constitution Act, 1982, gave Canada complete independence from Britain. It also reaffirmed the existing rights of Indigenous peoples and gave them a special constitutional relationship with the Crown. The Supreme Court of Canada has ruled that Section 35 of the Constitution Act, 1982, means that Indigenous rights under treaties or other laws are now protected. This is in addition to reflecting articles 3 and 4 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
The Canadian Charter of Rights and Freedoms, which is part of the Canadian Constitution, sets out the rights and freedoms that Canadians believe are necessary in a free and democratic society. The Charter has placed a strong focus on the individual and collective rights of the people of Canada. It has fundamentally changed much of Canadian constitutional law, and it has been the source of change, progress, and the affirmation of society's values.
Before the Charter came into effect, other Canadian laws protected many of the rights and freedoms that are now included in it, such as the Canadian Bill of Rights, enacted by Parliament in 1960. The Charter guarantees and sets limits to the fundamental rights and freedoms of Canadians. While the rights and freedoms in the Charter are not absolute, they are the most important laws in Canada.
From 1978 to 1982, First Nations, Métis, and Inuit leaders and groups took action nationally and internationally to fight for the affirmation of their rights. When the Government of Canada decided to bring the Constitution from under the control of the British Parliament in the late 1970s, Aboriginal peoples expected to be consulted and be part of its development.
How the Constitution Addresses Congressional Removal
You may want to see also
Frequently asked questions
The Canadian Constitution is not a single document, so it is challenging to calculate the exact word count. The Constitution comprises written and unwritten components, including statutes, orders, court decisions, and practices known as constitutional conventions.
The written components of the Canadian Constitution include the Constitution Act, 1867 (formerly the British North America Act, 1867), and the Canadian Charter of Rights and Freedoms, enacted in 1982. These acts outline the rights, freedoms, and powers of the federal, provincial, and territorial governments in Canada.
Yes, in addition to the written documents, the Canadian Constitution also includes unwritten conventions such as the existence of the office of the Prime Minister, the Cabinet, and the requirement for royal assent in most circumstances. These unwritten conventions are not judicially enforceable but are recognized as part of the total constitution.
The Canadian Constitution has evolved significantly since its early roots in the thirteenth century. In 1982, the enactment of the Canadian Charter of Rights and Freedoms as part of the Constitution Act, 1982, marked a significant change. This act provided a formula for future amendments and made it more challenging to amend the constitution by requiring conformity to specified provisions.
