Omar Bennett
The Canadian Constitution is a combination of written and unwritten components. It outlines the country's system of government and the civil and human rights of its citizens and non-citizens. The written components include the Constitution Act of 1867, which established the country's federal structure and recognised Canada as a constitutional monarchy, and the Constitution Act of 1982, which includes the Canadian Charter of Rights and Freedoms. The unwritten components include constitutional conventions, such as the existence of the office of the Prime Minister and the Cabinet, and the requirement for royal assent to be granted to bills passed by Parliament.
| Characteristics | Values |
|---|---|
| Written components | The Constitution of Canada includes written documents such as the Constitution Act, 1867, the Constitution Act, 1982, and the Canadian Charter of Rights and Freedoms. |
| Unwritten components | The Canadian constitution also includes unwritten components and principles, such as constitutional conventions, which fill the holes in the written Constitution. |
| Supremacy | Section 52 of the Constitution Act, 1982 states that "the Constitution of Canada is the supreme law of Canada." |
| Federalism | The Canadian constitution outlines a federal system of government, with powers divided between the federal government and the provinces. |
| Democracy | The Constitution sets out the basic principles of democratic government, including the powers of the three branches of government: executive, legislative, and judicial. |
| Constitutionalism | The Constitution establishes a system of rules and principles that govern the exercise of constitutional authority and limit government action. |
| Rule of law | The Constitution includes the fundamental principle of the rule of law, where laws are created and enforced by Parliament and the courts. |
| Respect for minorities | The Constitution guarantees the rights of minorities, including official language minorities and Indigenous peoples. |
| Human rights | The Canadian Charter of Rights and Freedoms protects the human rights of all people in Canada, including civil and political rights, equality rights, and social and economic rights. |
| Amending formula | The Constitution Act, 1982 established an amending formula, outlining the criteria that must be met to make future changes to the Constitution. |
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What You'll Learn
- The Canadian Constitution is a combination of written and unwritten components
- The Constitution Act, 1867, and the Constitution Act, 1982, are core written documents
- The Canadian Charter of Rights and Freedoms protects human rights in the written Constitution
- The Constitution outlines the basic principles of democratic government in Canada by defining the powers of the three branches of government
- The Constitution includes treaties between the Crown and Indigenous Peoples (both historical and modern)
The Canadian Constitution is a combination of written and unwritten components
The unwritten components of the Canadian Constitution include constitutional conventions, which are the unwritten rules of a system of government. These conventions ensure that the government is accountable to the legislature and, by extension, to the electorate. For example, by constitutional convention, royal assent is always given to bills passed by the Senate and the House of Commons. Additionally, the existence of the office of the prime minister and the Cabinet is an unwritten component. The reserve powers of the Canadian Crown, which are remnants of the powers once held by the British Crown, are also considered an unwritten constitutional convention.
The Canadian Constitution, as a whole, is more than just a written text. It embraces a global system of rules and principles that govern the exercise of constitutional authority. This includes treaties with Indigenous Peoples, such as the Royal Proclamation of 1763, which is referenced in the Constitution Act, 1982, and guarantees Indigenous land rights. The Constitution Act, 1982, also includes the fundamental principles of federalism, democracy, constitutionalism, and the rule of law, and respect for minorities.
The written and unwritten components of the Canadian Constitution work together to provide a framework for Canada's system of government and the protection of civil and human rights. The written documents outline the basic principles, while the unwritten conventions fill in the gaps and provide flexibility to the system. This combination of written and unwritten elements allows for a dynamic and adaptable constitution that can evolve with the changing needs of Canadian society.
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The Constitution Act, 1867, and the Constitution Act, 1982, are core written documents
The Constitution of Canada includes core written documents, such as The Constitution Act, 1867, and the Constitution Act, 1982. The Constitution Act, 1867, initially called the British North America Act, 1867, was enacted by the Parliament of the United Kingdom. It outlines Canada's system of government, which combines Britain's Westminster model of parliamentary government with the division of sovereignty (federalism). The Act also recognises Canada as a constitutional monarchy and a federal state, and outlines the legal foundations of Canadian federalism. It provided for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom.
The Act also authorised the Parliament to establish a general court of appeal for Canada, as well as any additional courts to better administer the laws of Canada. The Federal Courts, the Tax Court, and the Supreme Court of Canada were established under this authority. The Constitution Act, 1867, also divided Canada into four provinces: Ontario, Quebec, Nova Scotia, and New Brunswick.
The Constitution Act, 1982, was enacted as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including renaming it the Constitution Act, 1867. The Constitution Act, 1982, also enacted the Canadian Charter of Rights and Freedoms, which is a bill of rights to protect the political, legal, and human rights of people in Canada from the policies and actions of all levels of government. The Charter also aimed to unify Canadians around a set of principles that embody those rights. The Charter was drafted with consultations with the provincial governments in the years leading up to the passage of the Constitution Act, 1982.
The Constitution Act, 1982, also entrenched provincial jurisdiction over natural resources and provided for future constitutional conferences. It set out the procedures for amending the Constitution in the future, transferring the power to amend the Constitution of Canada to Canada itself. This was necessary because, after the Statute of Westminster, 1931, Canada allowed the British Parliament to retain the power to amend Canada's constitution until Canadian governments could agree on an all-Canada amending formula.
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The Canadian Charter of Rights and Freedoms protects human rights in the written Constitution
The Canadian Constitution includes written and unwritten components. The written components include the Canada Act 1982, the acts and orders referred to in its schedule, and any amendments to these documents. The unwritten components include constitutional conventions, such as the existence of the office of prime minister and the requirement for the prime minister to either resign or call an election if they lose a vote of confidence.
The Canadian Charter of Rights and Freedoms is a part of the written Canadian Constitution. It is the most important law in Canada and outlines the civil and human rights of citizens and non-citizens. The Charter has been a source of change and progress in Canadian society, bringing Canadian laws in line with societal values. For example, the Charter has reinforced the rights of official language minorities and led to the recognition and enforcement of the rights of minority and disadvantaged groups.
The Charter guarantees certain rights and freedoms, including the right to communicate with the federal government in either English or French. It also protects the rights of Aboriginal Peoples of Canada, also referred to as Indigenous Peoples, to protect their culture, customs, traditions, and languages. The Charter explicitly states that other rights contained within it must not interfere with the rights of Aboriginal Peoples.
While the rights and freedoms in the Charter are extensive, they are not absolute. They 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 outlines certain rights that are exclusive to Canadian citizens, such as the right to vote and the right to enter, remain in, and leave Canada.
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The Constitution outlines the basic principles of democratic government in Canada by defining the powers of the three branches of government
The Canadian Constitution is a combination of written and unwritten components. It includes core written documents and provisions that are constitutionally entrenched and take precedence over all other laws. These include the Constitution Act, 1867 (formerly the British North America Act, 1867) and the Canadian Charter of Rights and Freedoms. The Constitution Act, 1867, brought Canada into being with a constitution similar in principle to that of the United Kingdom.
Canada's system of government has three branches: the legislative, the executive, and the judicial. Each branch has separate powers and responsibilities that are defined in the Constitution. The legislative branch passes laws, the executive implements them, and the judicial interprets them. The legislative branch, or Parliament, is bicameral, consisting of the Monarch (represented by the Governor General), the Senate, and the House of Commons. Members of the Senate and the House of Commons propose, review, and pass bills, which then become laws. The executive branch is composed of the Monarch (represented by the Governor General), the Prime Minister, and the Cabinet. The Governor General has important constitutional responsibilities, including signing bills into law, summoning and dissolving Parliament, and swearing in the Prime Minister and Cabinet. The Prime Minister is the Head of Government and plays many roles, including political party leader, Cabinet leader, and Member of Parliament. The Cabinet is the key decision-making forum in the Canadian government and acts as an executive council that develops policies to govern the country and introduces bills to transform these policies into law. The judiciary, the third branch of government, must interpret and apply the law and the Constitution, and give impartial judgments in all cases, whether they involve public law or private law.
The Constitution of Canada sets out the basic principles of democratic government in the country by defining the powers of these three branches of government. It outlines Canada's system of government and the civil and human rights of citizens and non-citizens. It includes the fundamental principles of federalism, democracy, constitutionalism, and the rule of law, and respect for minorities. The Constitution also includes provisions relating to the judicial branch of government, composed of federally appointed judges. It governs the roles of the Crown as well as the Executive and Legislative branches.
The Constitution Act, 1867, authorized Parliament to establish a general court of appeal for Canada and any additional courts to better administer the laws of Canada. It also brought Canada into being with a constitution similar in principle to that of the United Kingdom, recognizing Canada as a constitutional monarchy and federal state. The British North America Act, 1867, outlined Canada's system of government, which combines Britain's Westminster model of parliamentary government with the division of sovereignty (federalism).
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The Constitution includes treaties between the Crown and Indigenous Peoples (both historical and modern)
The Canadian Constitution is an amalgamation of various codified acts, treaties, uncodified traditions, and conventions. It includes the Constitution Act, 1867, and the Constitution Act, 1982, which is the supreme law of Canada.
The Constitution Act, 1867, previously known as the British North America Act, 1867, outlines Canada's system of government and the country's federal structure. It also provides for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom, recognizing Canada as a constitutional monarchy and a federal state.
The Constitution Act, 1982, includes the Canadian Charter of Rights and Freedoms, which protects the human rights of all individuals in Canada, both citizens and non-citizens. This Charter is the most important law in Canada, as it takes precedence over all other laws and places substantive limits on government action.
The Canadian Constitution also includes treaties between the Crown and Indigenous Peoples, both historical and modern. The British Crown began signing treaties with Indigenous groups in 1701, and over the next 200 years, these treaties defined the respective rights of Indigenous Peoples and European newcomers to use the North American lands that Indigenous Peoples traditionally occupied. The Government of Canada recognizes 70 historic treaties signed between 1701 and 1923, which form the basis of the relationship between the Crown and 364 First Nations, representing over 600,000 First Nations people in Canada.
These treaties include the Royal Proclamation of 1763, which established the treaty-making process and provided large areas of land occupied by First Nations to the Crown in exchange for reserve lands and other benefits. Modern treaties include land-claims agreements and continue to define specific rights, benefits, and obligations for the signatories. Treaty rights are set out in Section 35 of the Constitution Act, 1982, and are also recognized as a key part of the United Nations Declaration on the Rights of Indigenous Peoples, which Canada has committed to implementing in partnership with Indigenous Peoples.
Canada has embarked on a journey of reconciliation with Indigenous Peoples, aiming to address the wrongs of the past and work together to implement Indigenous rights. This includes recognizing the prior existence of Indigenous Peoples and their inherent rights to self-determination, as well as the negotiation and implementation of pre-Confederation, historic, and modern treaties.
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Frequently asked questions
The Canadian Constitution includes both written and unwritten components.
The written components of the Canadian Constitution include the Constitution Act, 1867 (formerly the British North America Act, 1867), the Constitution Act, 1982, and the Canadian Charter of Rights and Freedoms.
The unwritten components of the Canadian Constitution include constitutional conventions 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.
There are three sources of unwritten constitutional law in Canada: constitutional conventions, the common law, and the royal prerogative.
The Canadian Constitution can be amended by obtaining approval from the Senate, the House of Commons, and the legislatures of at least seven provinces, representing at least 50% of Canada's population. This is known as the 7/50 rule.
