Eleanor Finch
The Canadian Constitution, which comprises core written documents and unwritten components, was established in 1867 with the British North America Act, now known as the Constitution Act, 1867. The Constitution Act, 1867, outlines Canada's system of government, including the structure of Parliament, the role of the monarchy, and the division of powers between the federal government and the provinces. The Constitution Act, 1982, which includes the Canadian Charter of Rights and Freedoms, was added to the Constitution in 1982, when the British Parliament passed the Canada Act, patriating the Constitution and renouncing any remaining jurisdiction over Canada.
| Characteristics | Values |
|---|---|
| Date of enactment | 1867 |
| Original name | British North America Act |
| Current name | Constitution Act |
| Type of document | Written constitution |
| Key principles | Democracy, federalism, and respect for difference and diversity |
| Key provisions | Defines the powers of the three branches of government, outlines Canada's system of government, including the structure of Parliament, the way elections work, the role of the monarchy, the powers of the executive branch, and the division of powers between the federal government and the provinces |
| Amendments | Can only be amended with the approval of provincial governments |
| Human rights protections | Includes the Canadian Charter of Rights and Freedoms, which outlines the civil rights of each Canadian citizen, and protects the rights of Indigenous peoples |
| Judicial system | Establishes a general court of appeal for Canada, as well as additional courts such as the Federal Courts, the Tax Court, and the Supreme Court of Canada |
| Provincial constitutions | Not all provinces have written constitutions, some are a combination of uncodified constitution, provisions of the Constitution of Canada, and provincial statutes |
| Legislative power | The federal legislature has power over matters not explicitly assigned to provincial legislatures, with the right to disallow any provincial act within two years of its passage |
| Taxation | Provinces can levy direct taxation, while the federal government can use any mode of taxation |
| Sovereign status | Canada became fully sovereign from the United Kingdom in 1931 with the enactment of the Statute of Westminster, though the Canadian constitution remained a British Act of Parliament |
Explore related products
What You'll Learn
The British North America Act, 1867
The Act recognised Canada as a constitutional monarchy and a federal state, authorising the establishment of a general court of appeal and additional courts to administer Canadian laws. It provided for a centralised federation, with the federal legislature empowered to legislate on matters not explicitly assigned to provincial legislatures. The Act also addressed taxation rights, with provinces limited to direct taxation, while the Dominion could employ any mode of taxation.
The Constitution Act, 1982, which includes the Canadian Charter of Rights and Freedoms, was enacted as a result. This charter outlines the civil rights of Canadian citizens and provides for the protection of the rights of Indigenous peoples, including Aboriginal and treaty rights. The 1982 Act also established a process for amending constitutional laws, marking a significant evolution in Canada's constitutional history.
Congressional Powers: Constitutional Authority Explained
You may want to see also
The Constitution Act, 1982
The Act was signed into force on April 17, 1982, by Queen Elizabeth II, Prime Minister Pierre Trudeau, Minister of Justice Jean Chrétien, and André Ouellet, the Registrar General. The Constitution Act, 1982, includes 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 was drafted through consultations between the federal government and provincial governments.
The Act also guarantees the rights of Indigenous peoples in Canada. Section 35 of the Act "recognizes and affirms" the "existing" Aboriginal and treaty rights, protecting the activities, practices, traditions, and use of land that are integral to the distinct cultures of Indigenous peoples. It also provides protection of Aboriginal title. Subsection 35(2) ensures that these rights "are guaranteed equally to any male and female persons", while subsection 35(3) clarifies that "treaty rights" include "rights that now exist by way of land claims agreements or may be so acquired".
In addition, the Constitution Act, 1982, entrenched provincial jurisdiction over natural resources and provided for future constitutional conferences. It also set out the procedures for amending the Constitution in the future. This included a schedule of repeals of certain constitutional enactments and the renaming of others. For example, the British North America Act, 1949, was renamed the Newfoundland Act.
The Constitution's Take on Happiness and Pursuit
You may want to see also
The Charter of Rights and Freedoms
The Canadian Constitution comprises core written documents and provisions that are constitutionally entrenched and take precedence over all other laws. It includes the Constitution Act, 1867 (formerly the British North America Act, 1867), and the Canadian Charter of Rights and Freedoms, which was added in 1982.
Slavery in the Colonies: Constitutions and Their Dark Legacy
You may want to see also
Explore related products
The Statute of Westminster, 1931
The framers of the Canadian Constitution include the leaders of all Dominions and representatives from India (which then included Burma, Bangladesh, and Pakistan) who attended an Imperial Conference in 1926. This conference led to the enactment of the Statute of Westminster in 1931.
The statute implemented decisions made at British Imperial Conferences in 1926 and 1930. The 1926 conference declared that the self-governing Dominions were "autonomous communities within the British Empire," equal in status and not subordinate to one another or to Britain in their domestic or external affairs. The statute recognized the sovereign right of each Dominion to control its domestic and foreign affairs, establish its diplomatic corps, and (except for Newfoundland) to be separately represented in the League of Nations.
The Statute of Westminster also affirmed, according to the provinces, that provincial jurisdiction could not be unilaterally altered by the federal government. This meant that, in constitutional theory, London was no more central politically than Ottawa or Canberra, Australia. The Crown, formerly indivisible, became divided.
The British North America Acts, the written elements of the Canadian Constitution in 1931, were excluded from the application of the statute due to disagreements between the Canadian provinces and the federal government over amendments. These disagreements were only resolved in time for the passage of the Canada Act 1982, which completed the patriation of the Canadian Constitution to Canada. The Statute of Westminster, as amended, remains a part of the Canadian Constitution by virtue of Section 52(2)(b) of the Constitution Act, 1982.
The Constitution and the White House: A Historical Overview
You may want to see also
The Quebec Act, 1774
One of the principal components of the Quebec Act was the expansion of the province's territory to include part of the Indian Reserve, now southern Ontario, Illinois, Indiana, Michigan, Ohio, Wisconsin, and parts of Minnesota. This expansion was done to address the lack of effective regulation of native affairs and the governance of French settlers along the Ohio and Mississippi rivers. The boundaries of the province were now defined by the Act, and it extended Quebec's southwest boundary to the junction of the Mississippi and Ohio rivers, impeding American westward expansion.
The Quebec Act also preserved the French Civil Code, the seigneurial system of land tenure, and the Roman Catholic Church. It removed references to the Protestant faith from the oath of allegiance, guaranteeing the free practice of Catholicism and restoring the Church's power to impose tithes. Additionally, it restored the use of French civil law for matters of private law, with English common law maintained for public law, including criminal law, administrative appeals, court procedure, and criminal prosecution.
The Act was an attempt to gain the loyalty of the French-speaking majority in Quebec and address conflicting demands between Canadien subjects and newly arrived British subjects. However, it was viewed negatively by many American colonists, who saw it as a coercive measure and a threat to the unity and security of British America. The Quebec Act was one of the "'intolerable acts'" that led to the American Revolutionary War (1775-1783) and prompted an invasion of Quebec by the armies of the revolting colonies.
Understanding North Carolina Residency Requirements for College
You may want to see also
Frequently asked questions
The Canadian Constitution is a collection of different documents that make up the highest levels of Canadian law.
The Constitution Act of 1867, also known as the British North America Act, and the Constitution Act of 1982, which includes the Canadian Charter of Rights and Freedoms.
The British North America Act was passed in 1867, uniting the British colonies of the Province of Canada, Nova Scotia, and New Brunswick into a single, self-governing confederation under the British Crown.
The Canadian Charter of Rights and Freedoms is a part of the Constitution Act of 1982 that outlines the civil rights of every Canadian citizen.
The Canadian Constitution can only be amended with the approval of the provincial governments.
