Constitution of Canada

Constitution of Canada. The supreme law of Canada, it outlines the system of government and the fundamental rights of its citizens. It is a complex blend of written statutes, judicial decisions, and unwritten conventions inherited from the United Kingdom. The framework establishes Canada as a federal constitutional monarchy with a parliamentary system based on the Westminster system.

History

The constitutional foundations were laid by the Constitution Act, 1867 (originally the British North America Act, 1867), which united the colonies of the Province of Canada, New Brunswick, and Nova Scotia into the Dominion of Canada. This act was an act of the Parliament of the United Kingdom. Subsequent amendments required approval from Westminster, a process that continued for over a century. Key developments included the Statute of Westminster 1931, which granted full legislative autonomy, and the Patriation of the constitution in 1982. This final step was achieved with the enactment of the Constitution Act, 1982 by Queen Elizabeth II, which included the Canadian Charter of Rights and Freedoms and a domestic amending formula, severing the last legal tie requiring British parliamentary approval.

Structure and content

It comprises a set of over thirty acts and orders, with the Constitution Act, 1867 and the Constitution Act, 1982 being the principal documents. The Constitution Act, 1867 establishes the division of powers between the federal Parliament of Canada and the provincial legislatures. The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedoms, which guarantees fundamental freedoms and legal rights, and outlines the amendment procedures. Also included are other historic texts like the Manitoba Act, 1870 and unwritten principles recognized by the Supreme Court of Canada, such as parliamentary sovereignty, the rule of law, and the protection of minorities.

Amendment process

The general procedure for amendments is outlined in Part V of the Constitution Act, 1982. The most common formula requires the assent of the Senate and House of Commons, plus the legislative approval of at least two-thirds of the provincial legislatures representing at least 50% of the national population, known as the 7/50 formula. Some changes, like those affecting the monarchy or the composition of the Supreme Court of Canada, require unanimous consent of all provinces and the federal Parliament. The Meech Lake Accord and the Charlottetown Accord were two notable, but ultimately unsuccessful, attempts at major constitutional reform using these processes.

Interpretation and judicial review

The ultimate authority for interpreting its provisions rests with the Supreme Court of Canada. Courts employ a "living tree" doctrine, a principle established in cases like Edwards v Canada (AG), which allows for a progressive interpretation adaptable to changing times. Judicial review is particularly significant regarding the Canadian Charter of Rights and Freedoms, where courts can invalidate laws that contravene guaranteed rights, as seen in landmark cases like R v Morgentaler. The court also adjudicates disputes between the federal and provincial governments over their respective spheres of authority under the division of powers.

Federalism and distribution of powers

The Constitution Act, 1867 allocates legislative authority between the federal Parliament and the provincial legislatures through sections 91 and 92. The federal government holds exclusive power over areas such as criminal law, national defence, banking, and interprovincial trade. Provincial governments have exclusive jurisdiction over matters like education, health care, property and civil rights, and the administration of justice within the province. This division has been the source of continuous negotiation and litigation, shaping the relationship between Ottawa and provinces like Quebec, Alberta, and Ontario.

Constitutional monarchy and the Crown

Canada is a constitutional monarchy, with the monarch (currently Charles III) as the head of state. The monarch's constitutional and ceremonial duties in Canada are carried out by the Governor General at the federal level and by Lieutenant Governors in each province. Executive government is formally vested in the King-in-Council, but by constitutional convention, power is exercised by the Prime Minister and the Cabinet, who are responsible to the House of Commons. The Crown also embodies the state in its dealings, including the signing of treaties like the James Bay and Northern Quebec Agreement. Category:Constitution of Canada Category:Canadian law