Simone Lawson
The Canadian Charter of Rights and Freedoms is a Canadian law enacted as part of the Constitution Act, 1982, by the British Parliament. While there are specific rules for citing the Charter of Rights, the Constitution Act, 1982, is cited as per the rules for citing a law. This paragraph introduces the topic of citing the Constitution Act, 1982, in APA style and provides relevant background information.
| Characteristics | Values |
|---|---|
| Date | 1982 |
| Country | Canada |
| Enacted by | British Parliament |
| Part of | Canada Act |
| Reference example | Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 |
| Charter of Rights and Freedoms | Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 |
| Citation Guide | The Bluebook: A Uniform System of Citation |
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What You'll Learn
Citing the Canadian Constitution Act 1982 in APA
When citing the Canadian Constitution Act 1982 in APA style, there are a few key things to keep in mind. Firstly, it's important to note that the APA style guide may not include specific guidelines for citing constitutions. In such cases, it is recommended to refer to "The Bluebook: A Uniform System of Citation," which sets the standard for legal citations.
> Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
This citation includes the name of the act, the year it was enacted, and the statute source, which is the United Kingdom's Canada Act 1982. The specific section or part of the act being referenced can be included after the date, such as "Part I" or "Schedule B."
When citing specific sections or provisions of the Canadian Constitution Act 1982, such as the Canadian Charter of Rights and Freedoms, the citation may look like this:
> 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.
Again, the section number and part number will vary depending on which section of the act is being cited. It's important to include pinpoint references to the specific part of the act being cited to provide accurate and detailed information in your APA citation.
Remember to consult the latest edition of the APA style guide, as well as The Bluebook, for the most up-to-date and accurate guidelines on citing legal documents, including the Canadian Constitution Act 1982.
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Referencing the UK's Canada Act 1982
The Canada Act 1982 was passed by the Parliament of the United Kingdom to end Britain's authority and transfer the power to amend the Constitution of Canada to federal and provincial governments. The Act received royal assent on March 29, 1982, in London, and was proclaimed in force by Queen Elizabeth II as Queen of Canada on April 17, 1982, on Parliament Hill in Ottawa.
The Canada Act 1982 is closely linked to Canada's Constitution Act, 1982, which is included as Schedule B to the Canada Act 1982. The Constitution Act, 1982, set out the legal framework for amending the Canadian Constitution and established the Canadian Charter of Rights and Freedoms.
When referencing the UK's Canada Act 1982, it is important to acknowledge the integral connection with the Constitution Act, 1982. The following example from the Canadian Guide to Uniform Legal Citation provides a reference that includes both acts:
> Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
This reference format recognises that the Constitution Act, 1982, is a critical component of the UK's Canada Act 1982 and ensures that both acts are appropriately cited.
It is worth noting that the specific formatting and style guidelines for referencing may vary depending on the citation style you are using (such as APA, MLA, or Chicago). The provided example is consistent with the Canadian Guide to Uniform Legal Citation. When referencing the UK's Canada Act 1982, it is always advisable to consult the latest guidelines of the specific citation style you are required to use.
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Citing the Charter of Rights
The Canadian Charter of Rights and Freedoms is a Canadian law, so authors should refer to the McGill Law Journal's Canadian Guide to Uniform Legal Citation rules when citing it, rather than the APA Style rules. This is because the Charter of Rights is not an independent enactment and is instead cited as Part I of the Constitution Act, 1982.
The general citation for the Charter of Rights and Freedoms is as follows:
> 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 the part of the Charter of Rights and Freedoms being referenced.
> Canadian Charter of Rights and Freedoms, s 15, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
It is important to note that the Constitution Act, 1982, is unique among Canadian laws in that it was enacted by the British Parliament in 1982 as part of the Canada Act. Therefore, the statute source for the Constitution Act is the United Kingdom's Canada Act 1982. As such, both acts are included in the citation and reference.
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Using Bluebook Rule 11 for US citations
The Bluebook contains rules that prescribe how to cite a variety of legal documents. There are numerous rules, but this answer will focus on Bluebook Rule 11 for US citations.
Rule 11: Citing Constitutional Provisions
Rule 11 explains how to cite provisions of the US Constitution and state constitutions. A citation to a constitution includes three elements: the country or state abbreviation, followed by "Const." (the Bluebook's abbreviation for "constitution"), and then the specific constitutional provision. For example:
> U.S. Const. art. I, § 3, cl. 1
The above example is a citation to Article I, Section 3, Clause 1 of the US Constitution. Note that "art." is the abbreviation for "article", "§" is used to designate section, and "cl." stands for clause. These abbreviations can be found in Table 16.1 of the Bluebook.
Citing Amendments
When citing amendments to the US Constitution, use the abbreviation "amend." from Table 16.1. For example:
> U.S. Const. amend. I
This citation refers to the First Amendment to the US Constitution.
State Constitutions
State constitutions are cited in a similar manner. For example, to cite a provision of the Washington State Constitution:
> Wash. Const. art. I, § 1
Here, "Wash." is the abbreviation for Washington State, as indicated in Table 10.1 of the Bluebook.
Citing Constitutional Statutes
When citing constitutional statutes, refer to the relevant style guide for your jurisdiction. For example, the Canadian Guide to Uniform Legal Citation provides guidance on citing the Canadian Constitution Act, 1982, which is part of the UK's Canada Act, 1982.
In summary, Bluebook Rule 11 provides a standard format for citing constitutional provisions in the US and at the state level. It is important to consult the Bluebook and the relevant tables for specific abbreviations and guidance on citing constitutional amendments and state constitutions accurately.
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Citing the Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a Canadian law, so authors should refer to the McGill Law Journal's Canadian Guide to Uniform Legal Citation rules to cite the law, rather than the APA Style rules.
The following example from the Canadian Guide to Uniform Legal Citation (2023, E-28) includes the names of both acts in both the citations and the reference to the law:
> 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 a.
Note that the section number (s #) will change depending on what part of the Charter of Rights and Freedoms you are looking at. For instance, if you are citing section 15, your citation should look like this:
> Canadian Charter of Rights and Freedoms, s 15, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
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 about including the bibliography entry for the Canadian Charter of Rights and Freedoms in the list of references.
For in-text citations, the APA Style requires the title, year, and section pinpoint:
> (Canadian Charter of Rights and Freedoms, 1982, s 8)
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Frequently asked questions
Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
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.
No, when citing parts of the Constitution that are currently in force, a date is not included.
Begin with "U.S. Const." followed by the article, amendment, section, or clause number as relevant. The terms article, amendment, section, and clause are abbreviated to "art.," "amend.," "§," and "cl.," respectively.
