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 Some of the acts were repealed in Canada by the Constitution Act, 1982.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.
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The Constitution Act, 1867, originally enacted as the British North America Act, 1867, is a major part of the Constitution of Canada.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 In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed.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.
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.
Section 91 of the Constitution Act, 1867 is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament. The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the Constitution Act, 1867. The dynamic tension between these two sets of legislative authority is generally known as the "division of powers". The interplay between the two lists of powers have been the source of much constitutional litigation since the Confederation of Canada in 1867.
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 96 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the appointment of judges of the provincial superior, district and county courts. It provides that the judges of those courts are appointed by the Governor General of Canada. By constitutional convention, the Governor General exercises that power on the advice of the federal Cabinet
Section 94 of the Constitution Act, 1867 is a provision of the Constitution of Canada allowing the federal Parliament to implement uniform laws relating to property and civil rights, and procedure in the civil courts, in three of the original provinces: New Brunswick, Nova Scotia, and Ontario. The power under section 94 cannot be used without the consent of those provinces, as those subject matters are normally within exclusive provincial jurisdiction. The power has never been used.
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 17 of the Constitution Act, 1867 is the provision of the Constitution of Canada which created the federal Parliament of Canada. The Parliament is composed of the King of Canada; the appointed upper house, the Senate of Canada; and the elected lower house, the House of Commons of Canada. Political power rests mainly with the elected House of Commons.
Section 37 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the composition of the House of Commons, the lower house of the federal Parliament of Canada.
The Proclamation of the Constitution Act, 1867 was a royal proclamation issued by Queen Victoria on the advice of the British government, bringing the Constitution Act, 1867 into force and creating the new country of Canada, effective July 1, 1867.
Section 25 of the Constitution Act, 1867 is a repealed provision of the Constitution of Canada relating to the appointment of the first members of the Senate of Canada in 1867.
Section 128 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the oath of allegiance for members of the Senate and the House of Commons of Canada, as well as members of the provincial legislative assemblies. The section also requires members of the Senate to make a declaration of qualification. The texts of the oath and the declaration of qualification are set out in the Fifth Schedule of the Act. The section also applied to members of the provincial legislative councils, but since they have all been abolished, it no longer has any application in that regard.
Section 145 of the Constitution Act, 1867 is a repealed provision of the Constitution of Canada which required the federal government to build a railway connecting the River St. Lawrence with Halifax, Nova Scotia.
Section 147 of the Constitution Act, 1867 is a provision of the Constitution of Canada dealing with the representation of Prince Edward Island and Newfoundland in the Senate of Canada, in the event either of those two colonies joined Canada after 1867.
Section 89 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the first elections after Confederation in the provinces of Ontario, Quebec and Nova Scotia.
Section 68 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the seats of government of the four original provinces, New Brunswick, Nova Scotia, Ontario and Quebec.
