Constitution of Canada

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The Constitution of Canada is the supreme law in Canada, forming the foundation of the country's legal system and political structure. It outlines the framework for the organization of the federal government, the distribution of powers between the federal and provincial governments, and the rights and freedoms of Canadian citizens.

Historical Background

The Constitution of Canada has evolved over time, beginning with the Royal Proclamation of 1763, which established British rule over former French territories in North America. The next significant development was the Constitution Act, 1867 (originally the British North America Act, 1867), which created the Dominion of Canada by uniting the provinces of Ontario, Quebec, New Brunswick, and Nova Scotia.

Key Components

The Constitution of Canada consists of several key documents and principles:

Constitution Act, 1867

The Constitution Act, 1867 is one of the primary documents of the Canadian Constitution. It outlines the structure of the federal government, including the House of Commons, the Senate, and the monarchy. It also defines the division of powers between the federal and provincial governments.

Constitution Act, 1982

The Constitution Act, 1982 is another crucial component, which includes the Canadian Charter of Rights and Freedoms. This act patriated the Constitution, meaning that Canada gained full control over its constitutional amendments without requiring approval from the British Parliament. The Charter guarantees fundamental rights and freedoms to all Canadians, including freedom of expression, equality rights, and legal rights.

Other Constitutional Documents

Other important documents that form part of the Constitution include the Statute of Westminster 1931, the Canada Act 1982, and various amendments and judicial interpretations.

Division of Powers

The Constitution delineates the powers of the federal and provincial governments. Sections 91 and 92 of the Constitution Act, 1867, list the areas of jurisdiction for each level of government. For example, the federal government has authority over national defense, trade, and immigration, while provincial governments control education, health care, and natural resources.

Amending Formula

The Constitution Act, 1982, introduced an amending formula, which outlines the procedures for making changes to the Constitution. Most amendments require the approval of the federal Parliament and two-thirds of the provincial legislatures representing at least 50% of the population. Some changes, however, require unanimous consent from all provinces.

Judicial Interpretation

The Supreme Court of Canada plays a vital role in interpreting the Constitution. Its decisions have shaped the understanding and application of constitutional principles, including the division of powers and the rights enshrined in the Charter.

Related Pages

• Canadian Charter of Rights and Freedoms
• Constitution Act, 1867
• Constitution Act, 1982
• Supreme Court of Canada
• Federalism in Canada
• Monarchy of Canada
• House of Commons of Canada
• Senate of Canada