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.
Section 92 of the Constitution Act, 1867 is a provision in the Constitution of Canada that sets out the legislative powers of the legislatures of the provinces of Canada. The provincial powers in section 92 are balanced by the list of federal legislative powers set out in section 91 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 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 92A of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to provincial jurisdiction over natural resources. It was added to the Constitution Act, 1867 in 1982, as part of the Patriation of the Constitution.
Section 93A of the Constitution Act, 1867 is a provision of the Constitution of Canada, extinguishing the right to publicly funded denominational and separate schools in the province of Quebec. It was enacted as a bilateral constitutional amendment in 1997.
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 95 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to federal and provincial legislative jurisdiction over agriculture and immigration.
Section 97 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the qualifications for judges of the provincial superior, district and county courts in the common law provinces.
Section 99 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the tenure and retirement age of the provincial superior court judges in Canada.
Section 100 of the Constitution Act, 1867 is a provision of the Constitution of Canada requiring the federal Parliament to fix and provide for the salaries for judges of the provincial superior, district and county courts.
Section 101 of the Constitution Act, 1867 is a provision of the Constitution of Canada giving the federal Parliament the power to create the Supreme Court of Canada and the federal courts. Although Parliament created the Supreme Court by an ordinary federal statute in 1875, the Court is partially entrenched by the amending formula set out in the Constitution Act, 1982. The composition of the Court can only be changed by a unanimous constitutional amendment, passed by the two houses of Parliament, and all of the provincial legislative assemblies.
Section 1 of the Constitution Act, 1867 is a provision of the Constitution of Canada, setting out the title to the Act.
Section 2 of the Constitution Act, 1867 is a repealed provision of the Constitution of Canada relating to the monarch of Canada. It defined the term "Her Majesty the Queen" for the purposes of the Constitution Act, 1867.
Section 21 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the composition of the Senate of Canada. The section sets out the total number of senators, currently set at 105. Section 21 originally provided that the Senate would be composed of 72 senators, but that number has gradually increased as new provinces and territories joined Confederation.
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.
Section 69 of the Constitution Act, 1867 is a provision of the Constitution of Canada creating the Legislature of the province of Ontario, which did not exist prior to 1867. The Constitution Act, 1867 created Ontario, including the institutions of the new provincial government, such as the Legislature.
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 144 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the creation of townships in Quebec.
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.
