Jonah Patel
Canada's Constitution is a mix of written and unwritten rules and principles that govern the country. The written portion, which includes the British North America Act of 1867, the Statute of Westminster of 1931, and the Constitution Act of 1982, serves as the country's supreme law, taking precedence over all other laws and limiting government powers. The unwritten portion, known as constitutional conventions, includes practices and precedents that influence how the government functions. Together, these components form the foundation of Canada's stable, democratic government, reflecting the nation's values and principles.
| Characteristics | Values |
|---|---|
| Date written | Summer of 1787 |
| Location written | Philadelphia, Pennsylvania |
| Number of authors | 55 delegates |
| Number of pages | 4 |
| Date signed | September 17, 1787 |
| Number of signatories | 39 delegates |
| Date ratified | N/A (first submitted for ratification on September 28, 1787) |
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What You'll Learn
- The Canadian Constitution is a mix of written and unwritten principles
- The Constitution Act, 1867, created a federal system of government
- The Charter of Rights and Freedoms guarantees citizens' rights
- The Constitution Act, 1982, reaffirms the rights of Indigenous peoples
- The Constitution is Canada's governing legal framework
The Canadian Constitution is a mix of written and unwritten principles
The written Constitution Act, 1867, provides for a constitution "'similar in principle' to the largely unwritten constitution of the United Kingdom. This act recognizes Canada as a constitutional monarchy and a federal state, outlining the legal foundations of Canadian federalism. It also includes provisions that protect the judicial independence of superior courts, but it does not mention the same protections for provincial courts, creating a "gap" in the written Constitution.
The unwritten principles of the Canadian Constitution are rooted in the country's constitutional history and values. They are necessary because the written Constitution cannot address every situation that may arise. These unwritten principles can be used to interpret and evolve the Constitution to adapt to new circumstances. For example, the Supreme Court of Canada has ruled that the unwritten principle of judicial independence must apply to all courts, including provincial courts, even though it is not explicitly mentioned in the written Constitution.
The unwritten principles also include practices such as the existence of the office of the prime minister and the Cabinet, the requirement for the Crown to grant royal assent to bills adopted by both houses of Parliament, and the requirement for the prime minister to resign or request a dissolution of Parliament upon losing a vote of confidence. These unwritten principles have legal force and can create specific legal obligations and impose limitations on government action.
In conclusion, the Canadian Constitution is a complex blend of written and unwritten principles, with the written components providing a framework for governance and the unwritten principles allowing for flexibility and interpretation to address new situations and circumstances. This mix of written and unwritten principles ensures that the Canadian Constitution is a living document that can evolve and adapt to the needs of the country.
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The Constitution Act, 1867, created a federal system of government
The Act outlines the structure of the Canadian government and the distribution of powers between the central Parliament and the provincial legislatures. It establishes a parliamentary system modelled on that of Britain. The Act does not suggest that all provinces are constitutionally equal, and the original four provinces of Confederation had rights that the later Prairie provinces did not, such as the right to their natural resources.
The Constitution Act, 1867, also provided for the establishment of the House of Commons in Canada, consisting of 308 members, with the number of members from each province determined by the Act. The Act also establishes the position of the Governor General, who is responsible for summoning and calling together the House of Commons and choosing and summoning members of the Queen's Privy Council for Canada.
The Act outlines the powers of the central Parliament and the provincial legislatures, with Parliament having jurisdiction over areas such as banking, interest, criminal law, the postal system, and the armed forces. It also gives the federal government power over "Indians and Lands reserved for the Indians." The Act further provides for the eventual admission of other British North American colonies into the Union.
The Constitution Act, 1867, is the foundational document of Canada's Constitution, but it does not contain the entire Constitution. It is complemented by British and Canadian statutes with constitutional effect and unwritten principles known as constitutional conventions, such as the power of the Crown to dissolve Parliament and call a general election.
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The Charter of Rights and Freedoms guarantees citizens' rights
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982, which was enacted as Schedule B to the Canada Act 1982. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982. It was preceded by the Canadian Bill of Rights, enacted in 1960, which was a federal statute rather than a constitutional document.
The Charter guarantees certain political rights to Canadian citizens and the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The enactment of the Charter of Rights and Freedoms has fundamentally changed much of Canadian constitutional law. The act also codified many previously oral constitutional conventions and made the amendment of the constitution in general significantly more difficult.
The Charter sets out rights that deal with the interaction between the justice system and individuals. These rights ensure that individuals are treated fairly at every stage of the justice process, especially if an individual is charged with a criminal offence. The Charter protects everyone against unreasonable laws that could lead to imprisonment or harm their physical safety. The law may still comply with the Charter if it is consistent with a basic set of values. For example, there must be a rational link between the law's purpose and its effect on people's liberty. Also, laws should not have a severe impact on people's rights to life, liberty, or security of the person.
The Charter also protects the right to participate in political activities and the right to a democratic form of government. It guarantees the right to vote and to be eligible to serve as a member of the House of Commons and provincial and territorial legislative assemblies. It also protects the mobility rights of Canadian citizens, including the right to enter, remain in, and leave Canada. Citizens and permanent residents have the right to move to and take up residence in any province to pursue a livelihood.
Equality rights are at the core of the Charter. They are intended to ensure that everyone is treated with the same respect, dignity, and consideration (i.e., without discrimination), regardless of personal characteristics such as race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability, sexual orientation, residency, marital status, or citizenship. As a result, everyone should be treated the same under the law. Everyone is also entitled to the same benefits provided by laws or government policies. However, the Charter does not require the government to always treat people in exactly the same way. Sometimes, protecting equality means that rules or standards must be adapted to take account of people's differences. For example, allowing people to observe different religious holidays without losing their jobs.
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The Constitution Act, 1982, reaffirms the rights of Indigenous peoples
The Canadian Constitution, which includes core written documents and unwritten components, has its foundation in the Constitution Act, 1867 (formerly the British North America Act, 1867). This Act, enacted by the Parliament of the United Kingdom, recognised Canada as a constitutional monarchy and outlined the legal foundations of Canadian federalism.
Over time, the law embodied in the Constitution Act, 1867, has been altered by the Parliament of the United Kingdom, the Parliament of Canada, and provincial legislatures. This led to the creation of the Constitution Act, 1982, which contains the Canadian Charter of Rights and Freedoms and other provisions, including the rights of Indigenous peoples.
Section 35 of the Constitution Act, 1982, legally guarantees that "existing Aboriginal and Treaty Rights of the Aboriginal people of Canada are hereby recognized and affirmed." This section was added in response to the advocacy and demonstrations of Aboriginal organisations and activists, who fought for the explicit recognition of their rights in the Constitution. The term "Aboriginal" in the Act includes Indian, Inuit, and Métis peoples.
The inclusion of Section 35 in the Constitution Act, 1982, is significant as it provides legal protection for the rights of Indigenous peoples in Canada. It falls outside of the Charter of Rights and Freedoms, allowing it to be exempt from the "notwithstanding clause" that applies to the Charter. As a result, the federal government cannot override Aboriginal rights. This affirmation of rights was an important step in recognising the unique ways in which Indigenous peoples govern themselves, distinct from the mainstream federal political system.
However, there are differing perspectives on the impact of Section 35. Some critics argue that it reinforces colonialism by recognising Canadian law as supreme, rather than establishing a true nation-to-nation relationship with Indigenous peoples. Additionally, there is a perceived disparity between the rights upheld in Section 35 and the daily lives of Aboriginal peoples, who have faced legal consequences for exercising their Aboriginal rights, such as hunting or fishing.
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The Constitution is Canada's governing legal framework
The Constitution of Canada is the country's governing legal framework. It is a mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. It defines the powers of the executive branches of government and the legislatures at both the federal and provincial levels. Each province has a legislature composed of a lieutenant-governor and a single legislative house. The Constitution of Canada includes written and unwritten components.
The written Constitution is Canada's supreme law and takes precedence over all other laws in the country. It includes the British North America Act, 1867 (renamed the Constitution Act, 1867); the Statute of Westminster, 1931; the Constitution Act, 1982; and any amendments to these acts. The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedoms, which guarantees and sets limits to the fundamental rights and freedoms of Canadians. It also reaffirms the existing rights of Indigenous peoples in Canada, though it leaves these rights largely undefined. The Charter has placed a strong focus on the individual and collective rights of the people of Canada, fundamentally changing much of Canadian constitutional law.
The Constitution Act, 1867, created the federal system of government in Canada and outlined the legal foundations of Canadian federalism. It also included older documents such as the Treaty of Paris (1763) and the Quebec Act (1774). The Constitution Act, 1867, has been altered many times by the Parliament of the United Kingdom, the Parliament of Canada, and the legislatures of the provinces.
Canada's Constitution is not just one document; it is a complex mix of various sources. It has been described as "a mirror reflecting the national soul." It reflects the nation's values and includes provisions that place substantive limits on government action. The Constitution can also be amended, but this is a difficult process as most provinces must agree on important changes, and provinces often disagree on big issues.
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Frequently asked questions
The U.S. Constitution was written in 1787.
The U.S. Constitution was signed on September 17, 1787.
The U.S. Constitution was written in Philadelphia, Pennsylvania.
The U.S. Constitution was written by 55 delegates to the Constitutional Convention.
The U.S. Constitution was ratified on September 28, 1787, by 13 states.
