Constitution of Canada

Constitution of Canada
Moxy · CC BY-SA 4.0 · source
Name	Canada
Document	Constitution
Created	1867 (Confederation); patriation 1982
Location	Ottawa
Signers	John A. Macdonald, George-Étienne Cartier, Charles Tupper
System	Constitutional monarchy, federal parliamentary democracy

Constitution of Canada The Constitution of Canada is the supreme law of Canada, establishing the legal foundation for the Parliament of Canada, the Monarch of Canada, provincial legislatures such as the Legislative Assembly of Ontario and the Assemblée nationale du Québec, and institutions including the Supreme Court of Canada. Its text and conventions shape relationships among figures like John A. Macdonald, Wilfrid Laurier, and Pierre Trudeau and events from Confederation to the Patriation of the Constitution in 1982. The constitution binds actors such as the Governor General of Canada, federal ministers, and provincial premiers including leaders from Ontario, Quebec, and British Columbia.

History and development

The origins trace to legislation like the British North America Act, 1867 enacted by the Parliament of the United Kingdom and figures including Lord Monck and Viscount Monck. Subsequent milestones include the Statute of Westminster 1931, the Quiet Revolution context in Québec nationalism, and negotiations involving leaders such as Pierre Trudeau and Joe Clark culminating in the Constitution Act, 1982. Key episodes involved the Meech Lake Accord, the Charlottetown Accord, and provincial premiers such as Robert Bourassa, Ralph Klein, and Frank McKenna. Imperial ties with the United Kingdom and instruments like the Canada Act 1982 and actors such as Margaret Thatcher in international context influenced patriation debates alongside courts including the Judicial Committee of the Privy Council and the Supreme Court of Canada.

Written components and documents

The constitution comprises statutes and instruments: the Constitution Act, 1867 (formerly British North America Act), the Constitution Act, 1982, and entrenched instruments like the Canadian Charter of Rights and Freedoms. It includes provisions from the Statute of Westminster 1931, orders-in-council, letters patent pertaining to the Governor General of Canada, and documents such as the Royal Proclamation of 1763 for historical foundations. Provincial constitutions and documents like the Manitoba Act, 1870 and the Newfoundland Act form parts, alongside exchanges between the Privy Council and Canadian institutions such as Rideau Hall.

Constitutional principles and structure

Foundational principles include constitutional monarchy embodied by the Monarch of Canada and responsible government originating with figures like Sir John A. Macdonald and George Brown. The separation of powers among the Legislative Assembly of Ontario, the Senate of Canada, and the Supreme Court of Canada interacts with principles articulated by jurists such as Beverley McLachlin and Antonio Lamer. Conventions from the Westminster system and doctrines debated in cases involving institutions like the Privy Council and the Interprovincial Trade Tribunal inform governance across provinces including Alberta and Nova Scotia.

Federalism and division of powers

Division of powers under sections of the Constitution Act, 1867 allocates subject-matter jurisdictions between the Parliament of Canada and provincial legislatures such as Assemblée nationale du Québec and the Legislative Assembly of British Columbia. Doctrines like interjurisdictional immunity and the pith and substance test arose in rulings by the Supreme Court of Canada and the Judicial Committee of the Privy Council in disputes involving industries like fisheries in the Maritimes and resources in Alberta. Federal-provincial relations were shaped by premiers such as Peter Lougheed and René Lévesque during conflicts over natural resources and fiscal arrangements like the Canada Health Act and equalization debates with institutions including the Department of Finance Canada.

Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms enshrined civil and political rights including freedoms of conscience and religion cited in litigation involving groups such as Canadian Civil Liberties Association and individuals represented before the Supreme Court of Canada. Sections such as the notwithstanding clause (section 33) have been invoked or debated by governments including Ontario and Québec administrations. Landmark decisions by justices like Beverley McLachlin and cases involving parties such as Attorney General of Canada clarified rights under sections 7 and 15 in contexts including criminal law, equality jurisprudence, and indigenous claims involving groups such as the Assembly of First Nations and litigants like Delgamuukw.

Amendment procedures

Amendment formulas in the Constitution Act, 1982 provide multiple routes: the general amending procedure requiring approval by House of Commons, the Senate of Canada, and two-thirds of provinces representing at least fifty percent of the population (the "7/50" formula); the unanimity procedure used for core matters involving provinces such as Québec and Newfoundland and Labrador; and unilateral provincial amendments for provincial constitutions. Historical attempts at reform, including negotiations at the Meech Lake Accord and the Charlottetown Accord, involved actors like Brian Mulroney, Jean Chrétien, and provincial premiers, illustrating political and legal constraints on constitutional change.

Interpretation and judicial review

Interpretation is primarily entrusted to the Supreme Court of Canada, which applies doctrines developed in cases like those heard by justices including Bertha Wilson and John Sopinka. Judicial review enforces constitutional supremacy against statutes of the Parliament of Canada and provincial legislatures, with remedies shaped by rulings involving institutions such as the Canadian Human Rights Commission and doctrines like federal paramountcy. International influences from decisions in the House of Lords and the Judicial Committee of the Privy Council historically informed Canadian jurisprudence, while contemporary practice engages actors such as the Minister of Justice and advocacy groups including the Canadian Civil Liberties Association.

Category:Law of Canada