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The Constitution of Canada is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples, uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world.
The British North America Acts, 1867–1975, are a series of acts of Parliament that were at the core of the Constitution of Canada. Most were enacted by the Parliament of the United Kingdom and some by the Parliament of Canada. Some of the acts were repealed in Canada by the Constitution Act, 1982. The rest were renamed the Constitution Acts and amended, with those changes having effect only in Canada. The Canadian versions of the Constitution Acts are part of the Constitution of Canada, and can be amended only in Canada.
Canadian Confederation was the process by which three British North American provinces—the Province of Canada, Nova Scotia, and New Brunswick—were united into one federation, called the Dominion of Canada, on July 1, 1867. This process occurred in accordance with the rising tide of Canadian nationalism that was then beginning to swell within these provinces and others. Upon Confederation, Canada consisted of four provinces: Ontario and Quebec, which had been split out from the Province of Canada, and the provinces of Nova Scotia and New Brunswick. The province of Prince Edward Island, which had hosted the first meeting to consider Confederation, the Charlottetown Conference, did not join Confederation until 1873. Over the years since Confederation, Canada has seen numerous territorial changes and expansions, resulting in the current number of ten provinces and three territories.
Canadian federalism involves the current nature and historical development of the federal system in Canada.
The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867. In addition to patriating the Constitution, the Constitution Act, 1982 enacted the Canadian Charter of Rights and Freedoms; guaranteed rights of the Aboriginal peoples of Canada; entrenched provincial jurisdiction over natural resources; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future.
The Constitution Act, 1867, originally enacted as the British North America Act, 1867, is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
Disallowance and reservation are historical constitutional powers that were instituted in several territories throughout the British Empire as a mechanism to delay or overrule legislation. Originally created to preserve the Crown's authority over colonial governments, these powers are now generally considered politically obsolete, and in many cases have been formally abolished.
Before 1982, modifying the Constitution of Canada primarily meant amending the British North America Act, 1867. Unlike most other constitutions, however, the Act had no amending formula; instead, changes were enacted through Acts of the Parliament of the United Kingdom called the British North America Acts.
The Government of British Columbia is the body responsible for the administration of the Canadian province of British Columbia. The term Government of British Columbia can refer to either the collective set of all three institutions, or more specifically to the executive—ministers of the Crown of the day, and the non-political staff within each provincial department or agency, i.e. the civil services, whom the ministers direct—which corporately brands itself as the Government of British Columbia, or more formally, His Majesty's Government.
The royal prerogative is a body of customary authority, privilege, and immunity recognized in common law as belonging to the sovereign, and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out.
The Preamble to the Constitution Act, 1867 is a provision of the Constitution of Canada, setting out some of the general goals and principles of the Act. Although the Preamble is not a substantive provision, the courts have used it as a guide to the interpretation of the Constitution of Canada, particularly unwritten constitutional principles which inform the history and meaning of the Constitution.
Disallowance and reservation are historical constitutional powers in Canada that act as a mechanism to delay or overrule legislation passed by Parliament or a provincial legislature. In contemporary Canadian history, disallowance is an authority granted to the governor general in council to invalidate an act passed by a provincial legislature. Reservation is an authority granted to the lieutenant governor to withhold royal assent from a bill which has been passed by a provincial legislature; the bill is then "reserved" for consideration by the federal cabinet.
Section 3 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the union of the original three provinces into Canada. Under the authority of this section, Queen Victoria issued the Proclamation of the Constitution Act, 1867, which brought the Act into force on July 1, 1867, creating Canada.
Section 146 of the Constitution Act, 1867 is a provision of the Constitution of Canada authorising the expansion of Canada by admitting British Columbia, Newfoundland, Prince Edward Island, Rupert's Land, and the North-Western Territory into Canada.
Dobie v Temporalities Board is a Canadian constitutional law case. It was decided in 1881 by the Judicial Committee of the Privy Council, at that time the highest court in the British Empire, including Canada. The case concerned the power of the provinces and the federal Parliament to deal with legal rights created by statutes enacted prior to Confederation in 1867.
Section 90 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to provincial appropriation and taxation bills, the recommendation for money votes in provincial legislative assemblies, and the federal government's power of disallowance and reservation with respect to provincial laws.
References
- ↑ Albert, Richard (June 2015). "Constitutional Amendement by Stealth". McGill Law Journal. Retrieved 2024-04-13.
A constitution can be, but does not need to be, contained in a single document called the constitution. There is very little that is singular about provincial constitutions in Canada. Provincial constitutions are found in multiple sources, including portions of the Constitution of Canada, ordinary provincial legislation, common law, and the unwritten constitutional conventions typical of Westminster-style governing. With the exception of British Columbia, which is the only province that has a written document titled a constitution, the contents of provincial constitutions are not exhaustively listed or defined.
- ↑ Albert, Richard (June 2015). "Constitutional Amendement by Stealth". McGill Law Journal. Retrieved 2024-04-13.
Even British Columbia's Constitution Act does not contain the entirety of the province's constitution and what may be missing from the Act is not necessarily clear.
- ↑ Government of Canada, Department of Justice (1999-11-03). "Department of Justice - Final Report of the French Constitutional Drafting Committee". www.justice.gc.ca. Retrieved 2024-04-13.
- ↑ Branch, Legislative Services (2020-08-07). "Consolidated federal laws of canada, THE CONSTITUTION ACTS, 1867 to 1982". laws-lois.justice.gc.ca. Retrieved 2024-04-13.
