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. In Canada, some of the Acts were repealed in Canada by the Constitution Act, 1982.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 only having effect in Canada. The Canadian versions of the Constitution Acts make up the Constitution of Canada, and can only be amended in Canada.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers.
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; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future.
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.
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 not itself 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.
The Constitution Act, 1886 (UK), 58 & 59 Vict, c 35, is an Act of the Parliament of the United Kingdom and forms part of the Constitution of Canada. It was originally known as the British North America Act, 1886, but it was renamed by the Constitution Act, 1982.
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 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 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 94A of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to old age pensions and supplemental benefits. It was originally added to the Constitution Act, 1867 in 1951, dealing with old age pensions. It was expanded by a further constitutional amendment in 1964 to include supplemental benefits, such as disability benefits and benefits for young survivors of pensioners.
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 98 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 province of Quebec.
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 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 53 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to taxation and appropriation statutes.
Section 58 of the Constitution Act, 1867 is a provision of the Constitution of Canada creating the office of provincial lieutenant governors, and providing for appointment by the Governor General of Canada.
