| Canada | |
 This article is part of the series: | |
General | |
 | |
Other countries · Atlas Politics Portal | |
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The politics of Canada function within a framework of Constitutional monarchy and a federal system of parliamentary government with strong democratic In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government TalkCommonewalth realm.-->The monarchy of For the ship see RMS Queen Elizabeth 2 Elizabeth II (Elizabeth Alexandra Mary Context States headed by Elizabeth II The Governor General of Canada ( French: Gouverneure générale du Canada, or: Gouverneur général du Canada) is the vice-regal representative Michaëlle Jean, CC CMM COM CD ʒɑ̃ (born September 6, 1957, in Port-au-Prince, The Queen's Privy Council for Canada (QPC (Conseil privé de la Reine pour le Canada (CPR sometimes called Her Majesty's Privy Council for Canada or the Privy Council The Prime Minister of Canada ( French: Premier ministre du Canada) is the primary Minister of the Crown, chairman of the Cabinet, and thus WikipediaManual of Style (biographies#Honorific prefixes --> Stephen Joseph Harper PC The Cabinet of Canada (Cabinet du Canada plays an important role in the Government of Canada, in accordance with the Westminster System. The Twenty-Eighth Canadian Ministry is the combined Cabinet, chaired by Prime Minister Stephen Harper, and Secretaries of State that have governed The following list outlines the Structure of the Canadian federal government. In the Canadian cabinet the President of The Queen's Privy Council for Canada (President du Conseil privé de la Reine pour le Canada is nominally in charge of the Privy In Canada the Privy Council Office (Bureau du Conseil privé is the Secretariat of the federal cabinet and the department of the Prime Minister The Clerk of the Privy Council (Greffier du Conseil privé is the senior Civil servant in the government and the Secretary to the Canadian Cabinet. The Canadian Government, formally Her Majesty's Government in Canada, is the Federal government of Canada. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation The Parliament of Canada (Parlement du Canada is Canada 's legislative branch, seated at Parliament Hill in Ottawa, Ontario. The 39th Canadian Parliament was in session from April 3 2006 until September 7 2008 The Senate of Canada (Le Sénat du Canada is a component of the Parliament of Canada, along with the sovereign (represented by the governor general The Speaker of the Senate of Canada ( French: Président du Sénat du Canada) is the presiding officer of the Senate of Canada. The Leader of the Government in the Senate (Leader du gouvernement au Sénat is a Canadian cabinet minister who leads the government side in the Canadian Senate In Canada, the Leader of the Official Opposition in the Senate ( French: Leader de l'opposition au Sénat) is the leader of the largest party in the Representation in the Canadian Senate is divided into seats on a provincial basis The House of Commons (Chambre des communes is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and In Canada the Speaker of the House of Commons ( French: Président de la Chambre des communes) is the presiding officer of the The Leader of the Government in the House of Commons (Leader du gouvernement à la Chambre des communes more commonly known as the Government House Leader, is the In Canada Her Majesty's Loyal Opposition ( French: L'Opposition Loyale de Sa Majesté) commonly known as the Official Opposition, is usually In Canada, each political party with representation in the House of Commons has a House Leader who is a Front bench Member of Parliament (MP and an expert The Official Opposition Shadow Cabinet of the 39th Canadian parliament is listed below See also Canadian electoral system, Timeline of Canadian elections The Parliament of Canada (Parlement du Canada has two chambers. The Canadian electoral system is based on a Parliamentary system of Government, modelled on that of the United Kingdom. The 2006 Canadian federal election (more formally the 39th General Election) was held on January 23 2006 to elect members of the Canadian House of Commons of the In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian The Supreme Court of Canada consists of the Chief Justice of Canada ( Juge en chef du Canada) and eight Puisne Justices all appointed by Beverley McLachlin PC (born September 7, 1943) is the Chief Justice of Canada, the first woman to hold that position List of final courts of appeal in Canada. For details on the court system see Canadian court system. The British North America Acts 1867&ndash1975 are the original names of a series of Acts at the core of the Constitution of Canada. In many Commonwealth jurisdictions the phrase "peace order and good government" is an expression used in law to express the legitimate objects of Legislative The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply the Charter) is a Bill of rights entrenched in the The provinces and territories of Canada combine to make up the world's second largest country in total area. Canadian federalism is one of the three pillars of the constitutional order along with Responsible government and the Canadian Charter of Rights and Freedoms. Federal and provincial aspects Across the country the Canadian Crown is unitary the headship of state is not a part of either the federal or provincial jurisdictions In Canada, the Lieutenant-Governor (lɛfˈtɛnənt often without a Hyphen) ( French: lieutenant-gouverneur, or: lieutenant-gouverneure Executive Councils in the Provinces and territories of Canada are constitutional organs headed by the Lieutenant-Governor. National regions Provinces and territories are normally grouped into the following Regions (generally from west to east Northern Canada Canadian political culture is in some ways part of a greater North American and European political culture, which emphasizes Constitutional law The foreign relations of Canada are Canada 's relations with other governments and peoples This is a list of leaders and office-holders of Canada. See also Canadian incumbents by year. Information on politics by country is available for every Country, including both De jure and De facto independent Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity Alternative meaning Constitutional convention (political meeting A constitutional convention is an informal and uncodified procedural agreement that is It outlines Canada's system of government, as well as the civil rights of all Canadian citizens. A system of government is a term that refers to the set of political Institutions by which a Government of a State is organized in order to exert its powers
The composition of the Constitution of Canada is defined in subsection 52(2) of the Constitution Act, 1982 as consisting of the Canada Act 1982 (including the Constitution Act, 1982), all acts and orders referred to in the schedule (including the Constitution Act, 1867, formerly the British North America Act), and any amendments to these documents. The Constitution Act 1982 (Schedule B of the Canada Act 1982 (UK is a part of the Constitution of Canada. The Canada Act 1982 (1982 c 11 is an Act of Parliament passed by the British Parliament that severed all remaining legislative dependence of Canada The Constitution Act 1867 (formerly called the British North America Act 1867, and still known informally as the BNA Act) constitutes a major part of [1] The Supreme Court of Canada held that the list is not exhaustive and includes unwritten doctrines as well. The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian [2]
Contents |
History of the Constitution
The first semblance of a Constitution for Canada was the Royal Proclamation of 1763. The Constitutional history of Canada begins with the 1763 Treaty of Paris, in which France ceded most of New France to Great Britain The Constitution Act 1867 (formerly called the British North America Act 1867, and still known informally as the BNA Act) constitutes a major part of The Proclamation of 1763 was issued October 7, 1763 by King George III following Great Britain 's acquisition of French territory The Act renamed Canada "The Province of Quebec" and redefined its borders and established a British-appointed colonial government. The proclamation was considered the de facto constitution of Quebec until 1774 when the British government passed the Quebec Act of 1774 which set out many procedures of governance in the area of Quebec. The Quebec Act of 1774 was an Act of the Parliament of Great Britain (citation 14 Geo It extended the boundaries of the colony and adopted the British criminal code among other things.
The colony of Canada received its first full constitution in the Constitutional Act of 1791 which established much of the composition of the government. The Constitutional Act of 1791 was an Act of the Parliament of Great Britain (1791 (31 Geo This was later superseded by the British North America Act in 1867 which established the Dominion of Canada. The British North America Acts 1867&ndash1975 are the original names of a series of Acts at the core of the Constitution of Canada.
In 1931, the British Parliament passed the Statute of Westminster, 1931 (22 Geo. Year 1931 ( MCMXXXI) was a Common year starting on Thursday (link will display full 1931 calendar of the Gregorian calendar. The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom (22 & 23 Geo V, c. 4 (UK)). This Act gave all dominion countries equal legislative authority with the United Kingdom. This was followed up in 1982, when the British Parliament passed the Canada Act, 1982 ([UK] 1982, c. Year 1982 ( MCMLXXXII) was a Common year starting on Friday (link displays the 1982 Gregorian calendar) The Canada Act 1982 (1982 c 11 is an Act of Parliament passed by the British Parliament that severed all remaining legislative dependence of Canada 11) giving up all remaining constitutional and legislative authority over Canada. The enactment of the Canada Act is often referred to in Canada as the 'patriation' of the constitution and it was largely due to the work of Pierre Elliot Trudeau, the Prime Minister of Canada at the time. The Prime Minister of Canada ( French: Premier ministre du Canada) is the primary Minister of the Crown, chairman of the Cabinet, and thus
With the introduction of the Canada Act and the accompanying Charter, much of Constitutional law in Canada has changed. The Canada Act has entrenched many constitutional conventions and has made amendments significantly more difficult (see amendment formula). Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government The Charter has shifted the focus of the Constitution to individual and collective rights of the inhabitants of Canada. Before the enactment of the Canadian Charter of Rights and Freedoms in 1982, civil rights and liberties had no solid constitutional protection in Canada. Year 1982 ( MCMLXXXII) was a Common year starting on Friday (link displays the 1982 Gregorian calendar) Whenever one level of government passed a law that seemed oppressive to civil rights and liberties, Canadian constitutional lawyers had to argue creatively, such as by saying that the oppressive law violates division of federal and provincial powers or by citing some other technical flaw that had little to do with the concept of civil rights and liberties. Since 1982, however, the Charter has become the most often cited part of the Constitution and has thus far solidified the protection of rights for people in Canada.
Constitution Act, 1867
This was an Act of the British Parliament, originally called the British North America Act 1867, that created the Dominion of Canada out of three separate provinces in British North America (Province of Canada, New Brunswick, and Nova Scotia) and allowed for subsequent provinces and colonies to join this union in the future. The Constitution Act 1867 (formerly called the British North America Act 1867, and still known informally as the BNA Act) constitutes a major part of The Province of Canada or the United Province of Canada was a British colony in North America from 1841 to 1867 New Brunswick ( French: Nouveau-Brunswick /nuvobʁɔnzwik/ is one of Canada 's three Maritime provinces and is the only constitutionally Nova Scotia (ˌnəʊvəˈskəʊʃə ( Latin for New Scotland; Alba Nuadh Nouvelle-Écosse is a Canadian province located on Canada 's It outlined Canada's system of government, which combines Britain's Westminster model of parliamentary government with division of sovereignty (federalism). Canadian federalism is one of the three pillars of the constitutional order along with Responsible government and the Canadian Charter of Rights and Freedoms. Although it is one of many British North America Acts to come, it is still the most famous of these and is understood to be the document of Canadian Confederation (i. The British North America Acts 1867&ndash1975 are the original names of a series of Acts at the core of the Constitution of Canada. e. union of provinces and colonies in British North America). With the patriation of the Constitution in 1982, this Act was renamed Constitution Act, 1867. In recent years, the Constitution Act, 1867 has mainly served as the basis on which the division of powers between the provinces and federal government have been analyzed.
Constitution Act, 1982
- See also: Constitution Act, 1982
Endorsed by all the provincial governments except Quebec's, this was an Act by the Canadian Parliament requesting full political independence from Britain. Part V of this Act created a constitution-amending formula that did not require an Act by the British Parliament. Further, Part I of this Act is the Canadian Charter of Rights and Freedoms which outlines the civil rights and liberties of every citizen in Canada, such as freedom of expression, of religion, and of mobility. The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply the Charter) is a Bill of rights entrenched in the Part II deals with the rights of Canada's Aboriginal peoples.
Canadian Charter of Rights and Freedoms
- See also: Canadian Charter of Rights and Freedoms
As noted above, this is Part I of the Constitution Act, 1982. The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply the Charter) is a Bill of rights entrenched in the The Charter is the constitutional guarantee of collective and individual rights. It is a relatively short document and written in plain language in order to ensure accessibility to the average citizen. It is said that it is the part of the constitution that has the greatest impact on Canadians' day-to-day lives, and has been the fastest developing area of constitutional law for many years.
Amending formula
- See also: Amendments to the Constitution of Canada
With the Constitution Act, 1982, amendments to the constitution must be done in accordance with Part V of the Constitution Act, 1982 which provides for five different amending formulas. Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government Amendments can be brought forward under section 46(1) by any province or either level of the federal government. The general formula is set out in section 38(1), known as the "7/50 formula", requires: (a) assent from both the House of Commons and the Senate; (b) the approval of two-thirds of the provincial legislatures (at least seven provinces), representing at least 50% of the population (effectively, this would include at least Quebec or Ontario, as they are the most populous provinces). This formula specifically applies to amendments related to the proportionate representation in Parliament, powers, selection, and composition of the Senate, the Supreme Court and the addition of provinces or territories. The other amendment formulas are for exceptional cases as provided by in the Act:
- In the case of an amendment related to the Office of the Queen, the number of senators, the use of either official language (subject to section 43), the amending formula, or the composition of the Supreme Court, the amendment must be adopted by unanimous consent of all the provinces in accordance with section 41. TalkCommonewalth realm.-->The monarchy of
- However, in the case of an amendment related to provincial boundaries or the use of an official language within a province alone, the amendment must be passed by the legislatures affected by the amendment (section 43).
- In the case of an amendment that affects the federal government alone, the amendment does not need approval of the provinces (section 44). The same applies to amendments affecting the provincial government alone (section 45).
Vandalism of the paper proclamation
In 1983, Toronto artist Peter Greyson entered Ottawa's National Archives (known today as Library and Archives Canada) and poured red paint over a copy of the proclamation of the 1982 constitutional amendment. Library and Archives Canada (in French: Bibliothèque et Archives Canada) is a Canadian federal government department responsible for the collection He said he was displeased with the federal government's decision to allow U. S. missile testing in Canada, and had wanted to "graphically illustrate to Canadians" how wrong the government was. A grapefruit-sized stain still remains on the original document. Specialists opted to leave most of the paint intact fearing attempts at removing it would only do further damage. [3]
Sources of the Constitution
- Further information: List of Canadian constitutional documents
There are three general methods of constitutional entrenchment:
- 1. The following is a list of pre-1982 English British and Canadian legislation that forms part of the Constitution of Canada. Specific mention as a constitutional document in section 52(2) of the Constitution Act, 1982, such as the Constitution Act, 1867.
- 2. Constitutional entrenchment of an otherwise statutory English, British, or Canadian document because of subject matter provisions in the amending formula of the Constitution Act, 1982, such as provisions with regard to the monarchy in the English Bill of Rights 1689 or the Act of Settlement 1701. The Bill of Rights (or Declaration of Rights) is an act of the Parliament of England, with the Long title An Act Declaring the Rights and Liberties The Act of Settlement is an act of the Parliament of England, originally filed in 1700 and passed in 1701 to settle the succession to the English throne English and British statutes are part of Canadian law because of the Colonial Laws Validity Act, 1865, section 129 of the Constitution Act, 1867, and the Statute of Westminster 1931. The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom (22 & 23 Geo Those laws then became entrenched when the amending formula was made part of the constitution.
- 3. Reference by an entrenched document, such as the Preamble of the Constitution Act, 1867's entrenchment of written and unwritten principles from the constitution of the United Kingdom or the Constitution Act, 1982's reference of the Proclamation of 1763. The Constitution Act 1982 (Schedule B of the Canada Act 1982 (UK is a part of the Constitution of Canada. The Proclamation of 1763 was issued October 7, 1763 by King George III following Great Britain 's acquisition of French territory
Unwritten sources
The existence of an unwritten constitution was reaffirmed by the Supreme Court in Reference re Secession of Quebec. Reference re Secession of Quebec, 2 SCR 217 was an opinion of the Supreme Court of Canada regarding the legality under both Canadian and International law
The Constitution is more than a written text. It embraces the entire global system of rules and principles which govern the exercise of constitutional authority. A superficial reading of selected provisions of the written constitutional enactment, without more, may be misleading.
In practice, there have been three sources of unwritten constitutional law:
Conventions: Constitutional conventions form part of the Constitution, but they are not legally enforceable. Alternative meaning Constitutional convention (political meeting A constitutional convention is an informal and uncodified procedural agreement that is They include the existence of the Prime Minister and Parliamentary Cabinet, the fact that the Governor General is required to give assent to Bills, and the requirement that the Prime Minister call an election upon losing a vote of non-confidence.
Royal Prerogative: Reserve powers of the Canadian Crown; being remnants of the powers once held by the British Crown, reduced over time by the Parliamentary system. TalkCommonewalth realm.-->The monarchy of Primarily, these are the Orders-in-Council which give the Government the authority to declare war, conclude treaties, issue passports, make appointments, make regulations, incorporate, and receive lands that escheat to the Crown. An Order-in-Council is a type of legislation in Commonwealth Realms.
Unwritten Principles: Principles that are incorporated into the Canadian Constitution by reference from the preamble of the Constitution Act, 1867. Unlike conventions, they are legally binding. Amongst the recognized Constitutional principles are federalism, democracy, constitutionalism and the rule of law, and respect for minorities. The rule of law, in its most basic form is the principle that no one is above the law [4] Other principles include responsible government, judicial independence and an Implied Bill of Rights. Responsible government is a conception of a System of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster Judicial independence is the doctrine that decisions of the Judiciary should be impartial and not subject to influence from the other branches of government or from private or The Implied Bill of Rights is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada. In one case, the Provincial Judges Reference (1997), it was found a law can be held invalid for contradicting unwritten principles, in this case judicial independence. Background The reference was the amalgamation of three different sets of challenges to the impartiality and independence of provincial court judges in Manitoba, Prince
External links
- Full text of the Constitution
- Canada in the Making - a comprehensive history of the Canadian Constitution with digitized primary sources.
- Fundamental Freedoms: The Charter of Rights and Freedoms - Charter of Rights and Freedoms website with video, audio and the Charter in over 20 languages
- Meech Lake Accord, 1987
- Charlottetown Accord, 1992
- Results of Referendum on the Charlottetown Accord, 1992
- CBC Digital Archives - Charting the Future: Canada's New Constitution
- CBC Digital Archives - Canada's Constitutional Debate: What Makes a Nation?
References
- ^ See list of Canadian constitutional documents for details. The following is a list of pre-1982 English British and Canadian legislation that forms part of the Constitution of Canada.
- ^ New Brunswick Broadcasting Co. v. Nova Scotia [1993] 1 S. New Brunswick Broadcasting Co v Nova Scotia (Speaker of the House of Assembly is a leading Supreme Court of Canada Decision wherein the court has ruled that C. R. 319
- ^ Missile Protestor defaces Constitution - "On This Day" - CBC Archives
- ^ these were identified in Reference re Secession of Quebec [1998] 2 S. Reference re Secession of Quebec, 2 SCR 217 was an opinion of the Supreme Court of Canada regarding the legality under both Canadian and International law C. R. 217
See also
- Law of Canada. The Canadian legal system has its foundation in the British Common law system inherited from being a part of the Commonwealth.
- Canadian Bill of Rights. The Canadian Bill of Rights is a federal statute and Bill of rights enacted by Prime Minister John Diefenbaker 's government on August 10
Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic