Simone Lawson
The Constitution Act of 1867 was enacted for the union of Canada, Nova Scotia, and New Brunswick, with a constitution similar to that of the United Kingdom. It outlines the desire for these provinces to unite under the crown of the United Kingdom of Great Britain and Ireland. The act also mentions the eventual admission of other parts of British North America into the union. The Constitution Act of 1867 is a foundational document that sets the framework for Canada's governance, including the division of the country into four provinces: Ontario, Quebec, Nova Scotia, and New Brunswick. This act has been amended over time, with the latest amendments being made in 1982, and it continues to play a crucial role in shaping Canada's political landscape.
| Characteristics | Values |
|---|---|
| Title | The Constitution Act, 1867 |
| Jurisdiction | United Kingdom |
| Short Title | Constitution Act, 1867 |
| Year | 1867 |
| Volume | 30 & 31 Vict |
| Chapter | c 3 |
| Reprints | RSC 1985, App II, No 5 |
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What You'll Learn
Citing the Constitution Act 1867 in APA style
The APA Publication Manual provides some information on citing legal sources in Chapter 11 (page 355). For more in-depth information on citing legal materials, refer to The Bluebook: A Uniform System of Citation. The Bluebook sets the standard for all legal citations, and the style for legal citations in the Publication Manual comes directly from it.
The Bluebook recommends that all citations of the U.S. Constitution begin with "U.S. Const.," followed by the article, amendment, section, and/or clause numbers as relevant. The terms article, amendment, section, and clause are always abbreviated as "art.," "amend.," "§," and "cl.," respectively. Preamble is abbreviated as "pmbl." Article and amendment numbers are given in Roman numerals (I, II, III), while section and clause numbers are given in Arabic numerals (1, 2, 3).
When citing the Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5, use the current title of the constitutional statute. Since the Constitution Act was enacted in another jurisdiction, use the citation form of the relevant jurisdiction (in this case, the United Kingdom).
> Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5, § 91.
This citation refers to Section 91 of the Constitution Act, 1867, which can be found in 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5.
It is important to note that older statutes, such as the Constitution Act, 1867, were not published annually but were instead published at the end of each parliamentary session.
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Referencing the Act in academic papers
The APA Publication Manual provides some information on citing legal sources in Chapter 11 (page 355). For more in-depth information on citing legal materials, refer to The Bluebook: A Uniform System of Citation. The Bluebook sets the standard for all legal citations.
If you simply want to make a passing reference to the Constitution Act of 1867 in an APA Style paper, you can mention it in the text without a reference list entry. However, if you are using a part of the Act as evidence to support a point, you should construct the citation using Bluebook Rule 11, which covers federal and state constitutions.
The citation should begin with "U.K. Const." (since the Act was enacted by the British Parliament), followed by the article, amendment, section, and/or clause numbers as relevant. The terms article, amendment, section, and clause are always abbreviated as "art.," "amend.," "§," and "cl.," respectively. Preamble is abbreviated as "pmbl." Article and amendment numbers are given in Roman numerals (I, II, III), while section and clause numbers are given in Arabic numerals (1, 2, 3).
> U.K. Const., amend. II, § 7, cl. 3
Note that this example assumes that you are citing the second amendment, seventh section, and third clause of the Constitution Act of 1867. Be sure to substitute the appropriate numbers for the section of the Act you are citing.
Additionally, when citing the Constitution Act of 1867, it is important to use the current title of the constitutional statute. In this case, the full title of the Act is "An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith." However, when referring to the Act in your paper, you can use the official short title, which is "Constitution Act, 1867."
It is also worth noting that the Constitution Act of 1867 was reprinted in RSC 1985, App II, No 5. So, when citing the Act, you could include this information as well. Here is an example of how the citation might look with this additional information:
> Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5
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The Bluebook citation system
Firstly, it is important to note that The Bluebook's rules primarily focus on citing the United States Constitution and state constitutions within the US. If you are citing a constitutional statute from another jurisdiction, such as the Constitution Act 1867 from Canada, you would typically use the citation form of the relevant jurisdiction. In this case, the citation would follow the format for the United Kingdom, as the Constitution Act 1867 was enacted under British rule before Confederation.
Now, let's break down the citation elements for the Constitution Act 1867 (UK):
- Jurisdiction and Type: Start with the jurisdiction and type of document. In this case, it is "Constitution Act, 1867 (UK)". The year "1867" indicates the date of enactment.
- Volume and Chapter: Provide the volume and chapter information. For the Constitution Act 1867, it is cited as "30 & 31 Vict, c 3". Here, "30 & 31 Vict" refers to the volume, which represents the regnal year of the monarch, and "c 3" indicates the chapter number.
- Additional Information: Include any additional information relevant to the citation. In this case, it is "reprinted in RSC 1985, App II, No 5". This indicates that the Constitution Act 1867 was reprinted in the Revised Statutes of Canada in 1985, Appendix II, Number 5.
Putting it all together, the Bluebook citation for the Constitution Act 1867 would look like this:
Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5.
It is worth noting that The Bluebook citation system may have additional rules and nuances for citing constitutional statutes from other jurisdictions. It is always advisable to refer to the latest edition of The Bluebook for comprehensive and up-to-date guidelines on legal citation.
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The Canada Act 1982
The process of amending the Constitution of Canada is now outlined in Part V of the Constitution Act, 1982, and no longer involves the British Parliament. The monarch's constitutional powers and roles over Canada were also not affected by the Canada Act 1982.
To cite the Constitution Act 1867 in APA style, you would typically refer to The Bluebook: A Uniform System of Citation. This is because the APA Publication Manual does not include specific guidelines for citing constitutions. The Bluebook is a comprehensive guide to legal citations, and it is recommended to refer to it for further guidance on citing the Constitution Act or any other legal document.
The general format for citing a constitutional statute is to use the current title, unless an older version is being referenced. For example, the Canada Act 1982 would be cited as (Canada Act 1982, UK, c 11). If you are simply referring to the act in passing, you may mention it in the text without a reference list entry. However, if you are using a specific part of the act as evidence, you should include more detailed information in your citation, such as the article, section, and clause numbers.
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Citing the Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a Canadian law and should be cited using the McGill Law Journal's Canadian Guide to Uniform Legal Citation rules, not the APA Style rules.
> 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. The section number (s #) will change depending on what part of the Charter of Rights and Freedoms you are looking at.
> Canadian Charter of Rights and Freedoms, s 15, 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. The McGill Guide asks authors to provide bibliography entries, which is different from the references required by the APA Style rules. If you are working with both the McGill Guide rules and the APA Style rules, check with your instructor to see if you should include the bibliography entry for the Canadian Charter of Rights and Freedoms in the list of references or create a separate bibliography.
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Frequently asked questions
The Constitution Act of 1867 was enacted by the British Parliament as part of the Canada Act, so the statute source for the Constitution Act is the United Kingdom's Canada Act 1982. The citation would therefore be:
> Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5.
If you want to cite a specific section of the Constitution Act of 1867, you can use the following format:
> Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5, [section number].
The Canadian Charter of Rights and Freedoms is cited as Part I of the Constitution Act of 1982. The citation would be:
> Canadian Charter of Rights and Freedoms, [section number], Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
