Canadian Constitution: Overview
Component
Description
Title
The Constitution Acts, 1867 to 1982
Foundation
Began with the Constitution Act, of 1867 (originally the British North America Act, of 1867), which was enacted by the British Parliament. The Constitution was patriated to Canada in 1982 with the Constitution Act, 1982.
Significant Amendments
– Constitution Act, 1982: Included the Canadian Charter of Rights and Freedoms, provisions for amending the Constitution in Canada itself, and the addition of a formula for constitutional amendments. – Charter of Rights and Freedoms (1982): Ensures fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, and language rights.
Structure
The Constitution is not a single document but rather a complex amalgam of statutes, principles, and conventions. It includes the Constitution Act, 1867, which outlines the system of government, division of powers, and the federal structure, and the Constitution Act, 1982, which includes the Charter of Rights and Freedoms and provisions related to the amendment of the Constitution.
Division of Powers
Outlines the powers of federal and provincial governments. Sections 91 and 92 of the Constitution Act, 1867 enumerate areas of federal and provincial jurisdiction, respectively, establishing the framework of Canadian federalism.
Indigenous Rights
Section 35 of the Constitution Act, 1982 recognizes and affirms Aboriginal and treaty rights. This section is a significant recognition of the rights of First Nations, Inuit, and Métis peoples in Canada.
Amendment Formula
The amending formula, outlined in Part V of the Constitution Act, 1982, requires varying levels of consent from federal and provincial legislatures, depending on the subject matter of the amendment. Some changes require the consent of at least two-thirds of the provinces representing at least 50% of the population (the “7/50 rule”), while others require unanimity.
Unwritten Principles
The Constitution also includes a number of unwritten principles that have been recognized by the courts as underpinning the constitutional framework. These include the principles of democracy, constitutionalism and the rule of law, respect for minorities, and federalism.
Role of the Judiciary
The judiciary plays a critical role in interpreting the Constitution, ensuring that laws conform to constitutional requirements, particularly the rights and freedoms guaranteed by the Charter. The Supreme Court of Canada is the highest court for constitutional issues....