See list of Canadian constitutional documents for details. ==History of the constitution== The first semblance of a constitution for Canada was the Royal Proclamation of 1763.
The proclamation, which established an appointed colonial government, was the constitution of Quebec until 1774 when the British parliament passed the Quebec Act, which expanded the province's boundaries to the Ohio and Mississippi Rivers (one of the grievances listed in the United States Declaration of Independence).
Significantly, the Quebec Act also replaced French criminal law with the English common law system; but the French code or civil law system was retained for non-criminal matters. The Treaty of Paris of 1783 ended the American War of Independence and sent a wave of British loyalist refugees northward to Quebec and Nova Scotia.
In 1784, the two provinces were divided: Nova Scotia was split into Nova Scotia, Cape Breton Island (rejoined to Nova Scotia in 1820), Prince Edward Island, and New Brunswick, while Quebec was split into Lower Canada (southern Quebec) and Upper Canada (southern through lower northern Ontario).
In 1784, the two provinces were divided: Nova Scotia was split into Nova Scotia, Cape Breton Island (rejoined to Nova Scotia in 1820), Prince Edward Island, and New Brunswick, while Quebec was split into Lower Canada (southern Quebec) and Upper Canada (southern through lower northern Ontario).
The winter of 1837–38 saw rebellion in both Canadas, contributing to their re-union as the Province of Canada in 1841. The British North America Act, 1867 established the Dominion of Canada as a federation of provinces.
The winter of 1837–38 saw rebellion in both Canadas, contributing to their re-union as the Province of Canada in 1841. The British North America Act, 1867 established the Dominion of Canada as a federation of provinces.
Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the Constitution Act, 1982, the Canadian Constitution consists of the Canada Act 1982 (which includes the Constitution Act, 1982), acts and orders referred to in its schedule (including in particular the Constitution Act, 1867, formerly the British North America Act, 1867), and any amendments to these documents.
The winter of 1837–38 saw rebellion in both Canadas, contributing to their re-union as the Province of Canada in 1841. The British North America Act, 1867 established the Dominion of Canada as a federation of provinces.
Initially, on 1 July 1867, four provinces entered into confederation as "One dominion under the name of Canada": Canada West (former Upper Canada, now Ontario), Canada East (former Lower Canada, now Quebec), Nova Scotia, and New Brunswick.
Since the act, textual amendments must now conform to certain specified provisions in the written portion of the Canadian constitution. ==Constitution Act, 1867== This was an Act of the British parliament, originally called the British North America Act, 1867.
With the patriation of the Constitution in 1982, this Act was renamed Constitution Act, 1867.
In recent years, the 1867 document has mainly served as the basis on which the division of powers between the provinces and the federal government is analyzed. ==Constitution Act, 1982== Endorsed by all provincial governments except that of Quebec, this was the formal Act of Parliament that effected Canada's full legislative independence from the United Kingdom.
Primarily, these are the orders in Council, which give the government the authority to declare war, conclude treaties, issue passports, make appointments, make regulations, incorporate, and receive lands that escheat to the Crown. Unwritten principles:Principles that are incorporated into the Canadian constitution by the preamble of the Constitution Act, 1867, including a statement that the constitution is "similar in Principle to that of the United Kingdom", much of which is unwritten.
Part V of the Constitution Act, 1867 describes the governmental structure of the original four provinces.
Title to the Northwest Territories was transferred by the Hudson's Bay Company in 1870, out of which the province of Manitoba (the first to be established by the Parliament of Canada) was created.
British Columbia joined Confederation in 1871, followed by Prince Edward Island in 1873.
British Columbia joined Confederation in 1871, followed by Prince Edward Island in 1873.
The Yukon Territory was created by Parliament in 1898, followed by Alberta and Saskatchewan in 1905 (all out of parts of the Northwest Territories).
The Yukon Territory was created by Parliament in 1898, followed by Alberta and Saskatchewan in 1905 (all out of parts of the Northwest Territories).
Nunavut was created in 1999 from the Northwest Territories. An Imperial Conference in 1926 that included the leaders of all Dominions and representatives from India (which then included Burma, Bangladesh, and Pakistan), led to the eventual enactment of the Statute of Westminster 1931.
Nunavut was created in 1999 from the Northwest Territories. An Imperial Conference in 1926 that included the leaders of all Dominions and representatives from India (which then included Burma, Bangladesh, and Pakistan), led to the eventual enactment of the Statute of Westminster 1931.
Newfoundland, Britain's oldest colony in the Americas and by then also a Dominion, joined Confederation in 1949.
Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the Constitution Act, 1982, the Canadian Constitution consists of the Canada Act 1982 (which includes the Constitution Act, 1982), acts and orders referred to in its schedule (including in particular the Constitution Act, 1867, formerly the British North America Act, 1867), and any amendments to these documents.
This was never anything but a rubber stamp. The patriation of the Canadian constitution was achieved in 1982 when the British parliament, with the request and assent of the Canadian parliament, passed the Canada Act 1982, which included in its schedules the Constitution Act, 1982.
In a formal ceremony on Parliament Hill in Ottawa, Queen Elizabeth II proclaimed the Constitution Act, 1982 into law on 17 April 1982. The Constitution Act, 1982, includes the Canadian Charter of Rights and Freedoms.
Before the Charter, various statutes protected an assortment of civil rights and obligations but nothing was enshrined in the constitution until 1982.
With the patriation of the Constitution in 1982, this Act was renamed Constitution Act, 1867.
In recent years, the 1867 document has mainly served as the basis on which the division of powers between the provinces and the federal government is analyzed. ==Constitution Act, 1982== Endorsed by all provincial governments except that of Quebec, this was the formal Act of Parliament that effected Canada's full legislative independence from the United Kingdom.
The version of the Canada Act 1982 which is in force in Britain is in English only, but the version of the Act in force in Canada is bilingual, English and French.
In addition to enacting the Constitution Act, 1982, the Canada Act 1982 provides that no further British acts of Parliament will apply to Canada as part of its law, finalizing Canada's legislative independence. ===Canadian Charter of Rights and Freedoms=== As noted above, this is Part I of the Constitution Act, 1982.
It applies only to government and government actions to prevent the government from creating unconstitutional laws. ===Amending formula=== Instead of the usual parliamentary procedure, which includes the monarch's formal royal assent for enacting legislation, amendments to the Constitution Act, 1982, must be done in accordance with Part V of the Constitution Act, 1982, which provides for five different amending formulae.
Their constitutional structures are described in those statutes, which now form part of Canada's Constitution. Section 45 of the Constitution Act, 1982 allows each province to amend its own constitution.
Courts have not yet ruled about whether this kind of language really would bind future legislatures, but it might do so if the higher bar was met when creating the law. ==Vandalism of the proclamation paper== In 1983, Peter Greyson, an art student, entered Ottawa's National Archives (known today as Library and Archives Canada) and poured red paint mixed with glue over a copy of the proclamation of the 1982 constitutional amendment.
Courts have not yet ruled about whether this kind of language really would bind future legislatures, but it might do so if the higher bar was met when creating the law. ==Vandalism of the proclamation paper== In 1983, Peter Greyson, an art student, entered Ottawa's National Archives (known today as Library and Archives Canada) and poured red paint mixed with glue over a copy of the proclamation of the 1982 constitutional amendment.
For example, section 7 of the Constitution of Alberta Amendment Act, 1990 requires plebiscites of Metis settlement members before that Act can be amended.
This was done, for example, by the Constitution Amendment, 1998, when Newfoundland asked the federal government to amend the Terms of Union of Newfoundland to allow it to end denominational quotas for religion classes. All provinces have enacted legislation that establishes other rules for the structure of government.
Nunavut was created in 1999 from the Northwest Territories. An Imperial Conference in 1926 that included the leaders of all Dominions and representatives from India (which then included Burma, Bangladesh, and Pakistan), led to the eventual enactment of the Statute of Westminster 1931.
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