Malcolm Rivera
The Canadian Constitution is an important document as it is the country's governing legal framework, outlining the rules that the government must follow and serving as the basis for the division of powers between the provinces and the federal government. It is the supreme law of Canada, taking precedence over all other laws in the country and placing substantive limits on government action. The Constitution Act, 1867, is a key component, outlining 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, introduced the Canadian Charter of Rights and Freedoms, which outlines the civil rights of each Canadian citizen and guarantees the rights and freedoms of Canadians. The Constitution also includes unwritten components and fundamental principles such as federalism, democracy, constitutionalism, and the rule of law.
| Characteristics | Values |
|---|---|
| It is the supreme law of Canada | It takes precedence over all other laws in the country |
| It is a set of laws containing the basic rules about how the country operates | It defines the powers of the federal, provincial, and territorial governments |
| It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions | It includes the fundamental principles of federalism, democracy, constitutionalism, the rule of law, and respect for minorities |
| It guarantees and sets limits to the fundamental rights and freedoms of Canadians | It includes the Canadian Charter of Rights and Freedoms, which guarantees the rights of Indigenous peoples |
| It is partly written and partly unwritten | It includes the Constitution Act, 1867, and the Constitution Act, 1982 |
| It is the country's governing legal framework | It outlines Canada's system of government, including the structure of Parliament, the way elections work, the role of the monarchy, and the powers of the executive branch |
| It provides the rules that Canada's government must follow | It established an amending formula for the Canadian Constitution |
| It describes how a country governs itself | It contains rules and principles that tell the government what it can and cannot do |
| It reflects a nation's values | It is similar in principle to the largely unwritten constitution of the United Kingdom |
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What You'll Learn
It is the supreme law of Canada
The Canadian Constitution is the supreme law of Canada. It is a set of laws that outlines the basic rules about how the country operates. It comprises core written documents and provisions that are constitutionally entrenched, taking precedence over all other laws and placing substantive limits on government action.
The Constitution Act, 1867, also known as the British North America Act, is a key component of the Canadian Constitution. It outlines Canada's system of government, including the structure of Parliament, the way elections work, the role of the monarchy, and the powers of the executive branch. It also established a federal system of government, recognising Canada as a constitutional monarchy and federal state.
The Constitution Act, 1982, is another crucial part of the Canadian Constitution. It includes the Canadian Charter of Rights and Freedoms, which outlines the civil rights of each Canadian citizen. This Charter guarantees and sets limits on the fundamental rights and freedoms of Canadians, ensuring that the government respects minority rights.
The Canadian Constitution is not a single document but a collection of different ones that collectively form the highest level of Canadian law. It includes written and unwritten components, with the unwritten aspects consisting of constitutional conventions, or generally accepted practices, that fill in the gaps of the written Constitution.
As the supreme law of Canada, the Canadian Constitution serves as a "mirror reflecting the national soul". It provides a stable, democratic framework for the country's government, ensuring accountability and outlining the division of powers between the federal and provincial levels.
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It guarantees citizens' rights and freedoms
The Canadian Constitution is an important document as it guarantees citizens' rights and freedoms. The Constitution is the supreme law of Canada, and any law that is inconsistent with its provisions is considered invalid. The Constitution sets out the basic principles of democratic government in Canada, defining the powers of the three branches of government.
The Constitution Act, 1982, is a key component of the Canadian Constitution and includes the Canadian Charter of Rights and Freedoms. This charter guarantees and sets limits to the fundamental rights and freedoms of Canadians, including the rights of Indigenous peoples. It outlines the civil rights of each Canadian citizen, such as the right to vote and the right to enter, remain in, and leave Canada. The charter also protects against self-incrimination and double jeopardy, ensuring fair trial processes.
The Constitution Act, 1867, also played a significant role in establishing Canada's system of government. It outlined the structure of Parliament, the electoral process, the role of the monarchy, and the powers of the executive branch. Additionally, it addressed the division of powers between the federal government and the provinces, reflecting the federal nature of Canada's government.
The Constitution's protection of rights and freedoms is not absolute and can be limited to protect other rights or important national values. For instance, freedom of expression may be restricted by laws against hate speech or child pornography. However, these limitations must be reasonable and justified in a free and democratic society.
The Canadian Constitution, through its various components, ensures that the rights and freedoms of Canadians are upheld and safeguarded, contributing to the stability and democratic principles of the country's governance.
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It outlines Canada's system of government
The Canadian Constitution outlines Canada's system of government, which combines Britain's Westminster model of parliamentary government with the division of sovereignty (federalism).
Canada is a constitutional monarchy and a parliamentary democracy, founded on the rule of law and respect for rights and freedoms. The government acts in the name of the Crown but derives its authority from the Canadian people. Canada’s parliamentary system stems from the British, or “Westminster”, tradition.
The Constitution Act, 1867 brought Canada into being with a constitution similar in principle to that of the United Kingdom. It provides for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom, and recognizes Canada as a constitutional monarchy and federal state. It outlines the legal foundations of Canadian federalism. The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedoms and the procedure for amending the Constitution.
The executive authority is formally vested in the Crown (the Sovereign) and is exercised in its name by the Governor General, acting on the advice of the Prime Minister and the cabinet. The Constitution reserves certain prerogatives of government for the Crown, including the powers to: give royal recommendation to bills that propose to spend government revenues; give royal assent to bills passed by the Senate and the House of Commons so that they become law; appoint holders of many important offices (e.g. judicial and diplomatic); dissolve Parliament before elections, and to open and close parliamentary sessions (at the beginning of each parliamentary session, the Governor General reads the Speech from the Throne, prepared by the Prime Minister, outlining the Government’s objectives for the upcoming session); and choose the Prime Minister (by convention, the leader of the party with the most seats in the House of Commons following a general election).
The federal Parliament deals mainly with issues that concern Canada as a whole: trade between provinces, national defence, criminal law, money, patents, and the postal service. It is also responsible for the three territories: Yukon, the Northwest Territories, and Nunavut. Federal law allows territories to elect councils with powers like those of the provincial legislatures. The provinces have the authority to make laws about education, property, civil rights, the administration of justice, hospitals, municipalities, and other local or private matters within the provinces.
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It defines the powers of the executive branches
The Canadian Constitution is an important document for several reasons, one of which is that it defines the powers of the executive branches of government and the legislatures at both the federal and provincial levels. Canada's Constitution is not a single document but a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions.
The Constitution Act, 1867, brought Canada into being with a constitution similar in principle to that of the United Kingdom. It outlined Canada's system of government, a combination of Britain's Westminster model of parliamentary government with the division of sovereignty (federalism). It also authorized Parliament to establish a general court of appeal for Canada and 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, 1982, made several changes to Canada's constitutional structure, including the creation of an amending formula and the addition of the Canadian Charter of Rights and Freedoms. The Charter of Rights and Freedoms guarantees and sets limits to the fundamental rights and freedoms of Canadians. It also reaffirms the existing rights of Indigenous peoples in Canada, though these rights are largely undefined.
The executive branch of the Canadian government is composed of the Monarch (represented by the Governor General), the Prime Minister, and Cabinet. The Governor General is the Monarch's representative in Canada and 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 several roles, including political party leader, Cabinet leader, and Member of Parliament. Cabinet acts as an executive council that develops policies and introduces bills to transform these policies into law.
The executive branch implements laws and policies, with cabinet ministers being collectively and individually accountable to Parliament. The system ensures responsible government, requiring majority support in the House of Commons through the confidence convention.
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It establishes the country's dual legal system
The Canadian Constitution is the country's governing legal framework. It comprises core written documents and provisions that are constitutionally entrenched, taking precedence over all other laws and placing substantive limits on government action.
Canada's Constitution is not a single document, but a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. It includes the Constitution Act, 1867 (formerly the British North America Act, 1867), and the Constitution Act, 1982.
The Constitution Act, 1867, outlines Canada's system of government, including the structure of Parliament, the way elections work, the role of the monarchy, and the powers of the executive branch. It also established a federal system of government, combining Britain's Westminster model of parliamentary government with the division of sovereignty (federalism). This act authorized 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, 1982, includes the Canadian Charter of Rights and Freedoms, which outlines the civil rights of each Canadian citizen. This Charter guarantees and sets limits to the fundamental rights and freedoms of Canadians. It also reaffirms the existing rights of Indigenous peoples in Canada, though these rights remain largely undefined.
The Constitution of Canada recognizes and reaffirms the country's dual legal system, which includes Aboriginal rights and treaty rights. Indigenous peoples in Canada have different types of government. For example, First Nations can exercise governmental powers over reserve lands under the federal Indian Act. Other Indigenous governments, such as self-governments, negotiate agreements with the federal and provincial or territorial governments to exercise certain powers.
The Constitution provides Canada with a legal structure for a stable, democratic government, ensuring that the government is accountable to the legislature and, by extension, to the electorate. It establishes the division of powers between the provinces and the federal government, with the federal Parliament dealing mainly with issues that concern Canada as a whole, such as trade between provinces, national defence, criminal law, money, patents, and the postal service. The provinces have the authority to make laws about education, property, civil rights, the administration of justice, hospitals, municipalities, and other local or private matters within their provinces.
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Frequently asked questions
The Canadian Constitution is the country's governing legal framework, providing the rules that Canada's government must follow. It is the supreme law of Canada, taking precedence over all other laws in the country.
The Canadian Constitution comprises core written documents and provisions that are constitutionally entrenched. The most important of these are the Constitution Act of 1867, also known as the British North America Act, and the Constitution Act of 1982, which includes a long section called the Canadian Charter of Rights and Freedoms.
The Canadian Constitution was created by the United Kingdom as Canada was originally a colony of the UK. Since then, it has evolved to reflect societal values, such as the legalisation of same-sex marriage. In 1982, the Constitution was "patriated" from the UK, giving Canada the power to control and amend its Constitution independently.
