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 Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions and the Crown.
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 Some of the acts were repealed in Canada by the Constitution Act, 1982.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.
Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada —united to form a federation, becoming a fully independent country over the next century. Over its history, Canada's international borders have changed several times as it has added territories and provinces, making it the world's second-largest country by area.
The Canada Act 1982 is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of Commons of Canada to patriate Canada's constitution, ending the power of the British Parliament to amend the constitution. The act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request.
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.
Newfoundland was a British dominion in eastern North America, today the modern Canadian province of Newfoundland and Labrador. It included the island of Newfoundland, and Labrador on the continental mainland. Newfoundland was one of the original dominions under the Balfour Declaration of 1926, and accordingly enjoyed a constitutional status equivalent to the other dominions of the time. Its dominion status was confirmed by the Statute of Westminster, 1931, although the statute was not otherwise applicable to Newfoundland.
Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because, at the time, under the Statute of Westminster, 1931, and with Canada's agreement, the British Parliament retained the power to amend Canada's British North America Acts and to enact, more generally, for Canada at the request and with the consent of the Dominion. That authority was removed from the UK by the enactment of the Canada Act, 1982, on March 29, 1982, by the Parliament of the United Kingdom, as requested by the Parliament of Canada.
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.
The constitutional history of Canada begins with the 1763 Treaty of Paris, in which France ceded most of New France to Great Britain. Canada was the colony along the St Lawrence River, part of present-day Ontario and Quebec. Its government underwent many structural changes over the following century. In 1867 Canada became the name of the new federal Dominion extending ultimately from the Atlantic to the Pacific and the Arctic coasts. Canada obtained legislative autonomy from the United Kingdom in 1931, and had its constitution patriated in 1982. Canada's constitution includes the amalgam of constitutional law spanning this history.
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 Newfoundland National Convention of 1946 to 1948 was a forum established to decide the constitutional future of Newfoundland.
A dominion was any of several largely self-governing countries of the British Empire, once known collectively as the British Commonwealth of Nations. Progressing from colonies, their degrees of colonial self-governance increased unevenly over the late 19th century through the 1930s. Vestiges of empire lasted in some dominions well into the late 20th century. With the evolution of the British Empire following the 1945 conclusion of the Second World War into the modern Commonwealth of Nations, finalised in 1949, the dominions became independent states, either as Commonwealth republics or Commonwealth realms.
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.
Section 93 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to education. It gives the provinces a broad legislative jurisdiction over education. Section 93 also contains guarantees of publicly funded denominational and separate schools for Catholic or Protestant minorities in some provinces.
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.
Section 55 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the power of the Governor General of Canada to give royal assent to a bill passed by the federal houses of Parliament. It also contains the former power of the Governor General to reserve a bill for the consideration of the British government. The provision no longer has any effect, as a result of the growth of Canadian autonomy and constitutional conventions in the 20th century.
Section 56 of the Constitution Act, 1867 is a provision of the Constitution of Canada which previously set out the power of the British government to disallow laws passed by the Parliament of Canada. This power was only used once and no longer exists. The British government gave up the power as a result of the Balfour Declaration of 1926, which recognised Canada and the other British Dominions as equals of the United Kingdom.
