Malcolm Rivera
The Canadian Constitution Act 1982, also known as Schedule B to the Canada Act 1982 (UK), is a pivotal piece of legislation that forms the foundation of Canada's legal system. This act sets out the rights and freedoms guaranteed to Canadians, including fundamental liberties such as freedom of thought, belief, opinion, and expression. It is essential to understand the proper way to cite this significant act in academic or legal writing. The citation format may vary depending on the style guide being used, such as the McGill Guide or APA Style rules. This act can be cited as Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), c 11. This citation format includes the year of enactment, the specific schedule it belongs to, and the relevant chapter number.
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What You'll Learn
Citing the Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a Canadian law that guarantees the rights and freedoms set out in the Constitution Act, 1982. As the Charter of Rights is not an independent enactment, it is cited as Part I of the Constitution Act, 1982.
To cite the Canadian Charter of Rights and Freedoms, the following information must be included:
- The full name of the charter: Canadian Charter of Rights and Freedoms
- The section number: this will change depending on the part of the charter being referenced (e.g., s 7, s 15)
- The part of the Constitution Act, 1982 that the charter is part of: Part 1 or Part I
- The schedule of the Canada Act, 1982 (UK) that the Constitution Act is enacted under: Schedule B
- The Canada Act, 1982 (UK) citation: 1982, c 11
> 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.
Note that pinpoint references to the Canadian Charter and the Constitution Act, 1982 are placed immediately after the title. For any other constitutional statutes, place pinpoint references after the chapter number.
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Using the McGill Guide
When using the McGill Guide to cite the Canadian Constitution Act 1982, there are several conventions to follow. Firstly, it is important to use the current title of the constitutional statute, in this case, "Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11". This is because the McGill Guide instructs users to cite constitutional statutes under their new titles, not the title they were originally enacted under.
The citation should follow a specific order of information, punctuation, and capitalization. The citation would look like this:
- Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11
- Constitution Act, 1982: This is the current title of the constitutional statute, with the year included as part of the title.
- Schedule B: This indicates that the act is a schedule to another act, in this case, the Canada Act 1982.
- Canada Act 1982 (UK): This is the act to which the Constitution Act is schedule. The jurisdiction, in this case, the United Kingdom, is indicated in parentheses.
- 1982: This is the year of the Canada Act.
- C 11: This refers to the chapter number within the Canada Act where the Constitution Act can be found.
It is worth noting that if you are specifically citing the Canadian Charter of Rights and Freedoms, which is Part I of the Constitution Act, 1982, the citation would include this information as well. The citation would look like this:
Canadian Charter of Rights and Freedoms, s 7, Part I 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 within the Canadian Charter of Rights and Freedoms that is being cited.
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Referencing the Canada Act 1982
The Canada Act 1982, also known as the Constitution Act 1982, is a significant piece of legislation in Canadian history. It is closely linked to the Canadian Charter of Rights and Freedoms and plays a crucial role in guaranteeing the rights and freedoms of Canadian citizens. When referencing this important act, it is essential to ensure accuracy and consistency. Here is a detailed guide on referencing the Canada Act 1982:
Understanding the Act's Structure
The Canada Act 1982 comprises several key components, including the Constitution Act 1982, which is often cited as Schedule B to the Canada Act 1982. This structure is essential to keep in mind when referencing specific sections or provisions within the act.
Referencing the Act in Writing
When referencing the Canada Act 1982 in academic or legal writing, it is crucial to follow a recognised citation style. The specific format may vary depending on the style guide you are using, but here are some general guidelines:
In-Text Citation:
When referring to the act in the body of your text, provide a brief citation, including the name of the act, the year, and the relevant section or schedule. For example:
> "The Canada Act 1982, s. 1(2), outlines the rights of Indigenous peoples in Canada..."
> "As outlined in Schedule B to the Canada Act 1982, the Constitution Act 1982 has legal force in Canada..."
Reference List Entry:
In your reference list or bibliography, provide a full citation for the act. Here is an example in APA style:
> Canada. (1982). Canada Act 1982 (c. 11). Retrieved from [URL]
Or, if you are specifically citing the Constitution Act 1982 within the Canada Act:
> Canada. (1982). Constitution Act 1982, Schedule B to the Canada Act 1982 (c. 11). Retrieved from [URL]
Pinpoint References:
When referring to specific sections or provisions within the act, include pinpoint references 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.
Online Sources and Databases
When referencing the Canada Act 1982 in online sources or legal databases, ensure that you provide the correct links or database information. For example, when citing the act on a website, include the URL from which the act was retrieved. Additionally, when using legal databases like CanLII, include the relevant database information and retrieval date.
Consistency and Style Guide Adherence
Always remember to maintain consistency in your referencing style throughout your document. Be sure to follow a recognised style guide, such as the Canadian Guide to Uniform Legal Citation or your discipline-specific guidelines, for detailed instructions on formatting and punctuation.
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Citing the Constitution Act 1867
The Constitution Act 1867, originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada. The act established the Dominion of Canada by uniting the North American British colonies of Canada, New Brunswick, and Nova Scotia.
When citing the Constitution Act 1867, it is important to refer to the specific section or provision being referenced. The act can be cited as follows:
"The Constitution Act, 1867 (30 & 31 Vict. c. 3), s section number [or part number]"
For example, if you are referencing Section 91 of the Act, which outlines the legislative jurisdiction of the federal government, the citation would be:
"The Constitution Act, 1867 (30 & 31 Vict. c. 3), s 91"
Alternatively, if you are referencing a specific part of the Act, such as Part I, the citation would be:
"The Constitution Act, 1867 (30 & 31 Vict. c. 3), Part I"
In addition, when citing the Act, it is important to note that it is often cited in conjunction with other related acts, such as the Constitution Act 1982. Together, they may be cited as the "Constitution Acts, 1867 to 1982". This is because, in 1982, with the patriation of the Constitution, the British North America Acts, including the Constitution Act 1867, were renamed, and amendments were made.
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Amendments to the Constitution
The Constitution Act, 1982, is a part of the Constitution of Canada. It was introduced as part of Canada's process of patriating the constitution and making amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867. The Constitution Act, 1982, was enacted by the Parliament of the United Kingdom and set out the procedures for amending the Constitution in the future.
Amending the Canadian Constitution has been a topic of great debate in Canada. There is a general agreement among provincial governments that some parts of the Constitution need to be amended to address long-standing demands from many provinces. For example, there are demands from Western provinces for more power at the federal level, and demands from Quebec for greater protection for its status as a distinct society.
Section 52(2) of the Constitution Act, 1982, defines the "Constitution of Canada". It includes:
- The Canada Act 1982 (which includes the Constitution Act, 1982, in Schedule B).
- 30 Acts and Orders contained in the Schedule to the Constitution Act, 1982 (including the Constitution Act, 1867).
- Any amendments made to any of the instruments in the first two categories.
Section 52(3) of the Constitution Act, 1982, requires constitutional amendments to be made in accordance with the authority contained in the Constitution of Canada. An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada, where authorised by:
- Resolutions of the Senate and House of Commons.
- Resolutions of the legislative assemblies of at least two-thirds of the provinces, which together have at least 50% of the population of all provinces.
There have been thirteen amendments to the Constitution since it was amended in 1982. Most of these amendments have been limited in scope, dealing with matters affecting specific provinces. Some examples of amendments include those dealing with provincial schooling in Newfoundland and Quebec, and the changing of the name of Newfoundland to Newfoundland and Labrador.
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Frequently asked questions
The Canadian Constitution Act 1982 can be cited as the "Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11".
The Canadian Charter of Rights and Freedoms is cited as "Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11".
In-text citations to legal documents are presented as footnotes. An example of an in-text citation for the Canadian Constitution Act 1982 is: "The Constitution Act, 1982, being Sch B to the Canada Act 1982 (UK), c 11 [short title], s 52(2)".
An example of an in-text citation for the Canadian Charter of Rights and Freedoms is: "Canadian Charter, s 7, Part 1 of the Constitution Act, 1982, being Sch B to the Canada Act 1982 (UK), c 11".
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