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Constitution of Canada

Constitution of Canada

Overview
The Constitution of Canada (La Constitution du Canada in French
Canadian French
Canadian French is an umbrella term referring to the varieties of French spoken in Canada. French is the mother tongue of nearly seven million Canadians, a figure constituting roughly 22% of the national population. At the federal level it has co-official status alongside English...

) is the supreme law in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

; the country's constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 is an amalgamation of codified act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

s and uncodified traditions and convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...

s. It outlines Canada's system of government, as well as the civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 of all Canadian citizens and those in Canada. Interpretation of the Constitution is called Canadian constitutional law.
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Encyclopedia
The Constitution of Canada (La Constitution du Canada in French
Canadian French
Canadian French is an umbrella term referring to the varieties of French spoken in Canada. French is the mother tongue of nearly seven million Canadians, a figure constituting roughly 22% of the national population. At the federal level it has co-official status alongside English...

) is the supreme law in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

; the country's constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 is an amalgamation of codified act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

s and uncodified traditions and convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...

s. It outlines Canada's system of government, as well as the civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 of all Canadian citizens and those in Canada. Interpretation of the Constitution is called Canadian constitutional law.

The composition of the Constitution of Canada is defined in subsection 52(2) of the Constitution Act, 1982
Constitution Act, 1982
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, and changing the latter's name in Canada to the Constitution Act, 1867...

 as consisting of the Canada Act 1982
Canada Act 1982
The Canada Act 1982 is an Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the...

 (including the Constitution Act, 1982), all acts and orders referred to in the schedule (including the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...

, formerly the British North America Act), and any amendments to these documents. The Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 held that the list is not exhaustive and includes unwritten components as well.

History of the Constitution



The first semblance of a Constitution for Canada was the Royal Proclamation of 1763
Royal Proclamation of 1763
The Royal Proclamation of 1763 was issued October 7, 1763, by King George III following Great Britain's acquisition of French territory in North America after the end of the French and Indian War/Seven Years' War...

. The Act renamed the northeasterly portion of the former French Province of New France
New France
New France was the area colonized by France in North America during a period beginning with the exploration of the Saint Lawrence River by Jacques Cartier in 1534 and ending with the cession of New France to Spain and Great Britain in 1763...

. The newly British “Province of Quebec” was roughly coextensive with the lower third of contemporary Quebec. The Proclamation, which established an appointed colonial government, was the “de facto” constitution of Quebec until 1774, when the British Parliament passed the Quebec Act
Quebec Act
The Quebec Act of 1774 was an Act of the Parliament of Great Britain setting procedures of governance in the Province of Quebec...

, which expanded the province’s boundaries to the Ohio
Ohio River
The Ohio River is the largest tributary, by volume, of the Mississippi River. At the confluence, the Ohio is even bigger than the Mississippi and, thus, is hydrologically the main stream of the whole river system, including the Allegheny River further upstream...

 and Mississippi rivers
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...

, which was one of the grievances listed in the United States Declaration of Independence
United States Declaration of Independence
The Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a...

. Significantly, the Quebec Act also replaced the French criminal law presumption of ‘guilty until proven innocent’ with the English criminal law presumption of ‘innocent until proven guilty’; but the French code or civil law system was retained for non-criminal matters.

The Treaty of Paris of 1783 ended the American War for Independence and sent a wave of British loyalist refugees northward to Quebec and Nova Scotia. In 1784, the two provinces were divided. Nova Scotia, Cape Breton Island (rejoined to Nova Scotia in 1820), Prince Edward Island, and New Brunswick; while Quebec was split into Lower Canada (southerly Quebec) and Upper Canada (southerly through lower northern Ontario and all or parts of Michigan until 1796, 1818 and 1847).

The winter of 1837-38 saw rebellion in both of the Canadas, with the result they were rejoined as the Province of United Canada in 1841. This was reversed by the British North America Act in 1867 which established the Dominion of Canada.

Initially, on 1 July 1867, there were four provinces in confederation as “One dominion under the name of Canada”: Canada West (former Upper Canada
Upper Canada
The Province of Upper Canada was a political division in British Canada established in 1791 by the British Empire to govern the central third of the lands in British North America and to accommodate Loyalist refugees from the United States of America after the American Revolution...

; now, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

), Canada East
Canada East
Canada East was the eastern portion of the United Province of Canada. It consisted of the southern portion of the modern-day Canadian Province of Quebec, and was primarily a French-speaking region....

 (former Lower Canada
Lower Canada
The Province of Lower Canada was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence...

; now, Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

), Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...

, and New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...

. Title to the Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...

 was transferred by the Hudson’s Bay Company in 1868, and the Province of Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...

 was the first created out of it, and the first province created by Ottawa instead of London, in 1870. British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

 joined confederation in 1871, followed by Prince Edward Island in 1873. Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...

 and Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....

 were created by Ottawa in 1905, followed by the Yukon Territory in 1912. The Dominion of Newfoundland
Dominion of Newfoundland
The Dominion of Newfoundland was a British Dominion from 1907 to 1949 . The Dominion of Newfoundland was situated in northeastern North America along the Atlantic coast and comprised the island of Newfoundland and Labrador on the continental mainland...

, Britain’s oldest colony in the Americas, joined Canada as a Province in 1949. Nunavut Territory was created in 1999.

An Empire Conference in 1931 that included the leaders of all dominions, and representatives from India (which then included Burma, Bangladesh and Pakistan) produced the Statute of Westminster
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...

. The Statute, an essential transitory step from “British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

” to “Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

”, provided that all existing dominions became fully independent of the United Kingdom upon its ratification by the dominion legislatures (for Canada and Australia, the federal legislatures only); and all new dominions would be fully independent upon the grant of dominion status. There were two exceptions – Newfoundland and Canada.

Newfoundland never ratified the Statute, so that it was still subject to imperial authority when its entire system of government and economy collapsed utterly in the mid-1930s. Canada did ratify the Statute, but had requested an exception because the Canadian federal and provincial governments could not agree on an amending formula for the Canadian Constitution. It would be another 50 years before this was achieved. In the interim, the British Parliament periodically passed enabling acts with respect to amendments to Canada’s Constitution; this was never anything but a rubber stamp
Rubber stamp (politics)
A rubber stamp, as a political metaphor, refers to a person or institution with considerable de jure power but little de facto power; one that rarely disagrees with more powerful organs....

.

The patriation of the Canadian Constitution was achieved in 1982 when the British and Canadian parliaments passed parallel acts – the Canada Act, 1982
Canada Act 1982
The Canada Act 1982 is an Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the...

([UK] 1982, c.11) in London, and the Constitution Act 1982 in Ottawa. Thereafter, the United Kingdom was formally absolved of any remaining responsibility for, or jurisdiction over, Canada; and Canada became responsible for her own destiny. In a formal ceremony on Parliament Hill in Ottawa, the Queen signed both acts into law on April 17, 1982.

The Canada Act/Constitution Act included the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

. Prior to the Charter, there were various statutes which protected an assortment of civil rights and obligations, but nothing was enshrined in the Constitution until 1982. The Charter has thus placed a strong focus upon individual and collective rights of the people of Canada.

Enactment of the Charter of Rights and Freedoms has also fundamentally changed much of Canadian constitutional law. Before the Charter, civil rights and liberties had no solid constitutional protection in Canada. 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. Even the Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...

, which does have constitutional status in Canada, was occasionally called into service in legal argument. Since 1982, however, the arguments have been easier to make, because lawyers have been able to cite the relevant sections of the constitution rather than rely upon legal abstraction.

The Act also codified many previously oral constitutional conventions, and has made amendment of the Constitution significantly more difficult. Previously, the Canadian federal constitution could be amended by solitary act of the Canadian or British parliaments, by formal or informal agreement between the federal and provincial governments, or even simply by adoption as ordinary custom of an oral convention or unwritten tradition that was perceived to be the best way to do something — or just the way things had always worked; there remains no legal definition as to what the office of prime minister specifically is. Since the Act, amendments must now conform to certain specified provisions in the written portion of the Canadian Constitution (see amendment formula
Amendments to the Constitution of Canada
Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution.- History :...

).

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
British North America
British North America is a historical term. It consisted of the colonies and territories of the British Empire in continental North America after the end of the American Revolutionary War and the recognition of American independence in 1783.At the start of the Revolutionary War in 1775 the British...

 (Province of Canada
Province of Canada
The Province of Canada, United Province of Canada, or the United Canadas was a British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham in the Report on the Affairs of British North America following the Rebellions of...

, New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...

, and Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...

) and allowed for subsequent provinces and colonies to join this union in the future. It outlined Canada's system of government, which combines Britain's Westminster model of parliamentary government with division of sovereignty (federalism
Canadian federalism
Canada is a federation with two distinct jurisdictions of political authority: the country-wide federal government and the ten regionally-based provincial governments. It also has three territorial governments in the far north, though these are subject to the federal government...

). Although it is the first of 20 British North America Acts
British North America Acts
The British North America Acts 1867–1975 are the original names of a series of Acts at the core of the constitution of Canada. They were enacted by the Parliament of the United Kingdom and the Parliament of Canada. In Canada, some of the Acts were amended or repealed by the Constitution Act, 1982....

, it is still the most famous of these and is understood to be the document of Canadian Confederation (i.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 1867 document has mainly served as the basis on which the division of powers between the provinces and federal government have been analyzed.

Constitution Act, 1982



Endorsed by all provinces, except by the Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

 government led by René Lévesque
René Lévesque
René Lévesque was a reporter, a minister of the government of Quebec, , the founder of the Parti Québécois political party and the 23rd Premier of Quebec...

, this was the formal Canadian Act of Parliament that achieved full and final political independence from the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

. Part V of this Act established an amending formula for the Canadian Constitution, the lack of which (due to more than 50 years of disagreement between the federal and provincial governments) was the only reason Canada's constitutional amendments still required approval by the British Parliament after ratification of the Statute of Westminster
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...

 in 1931.

More importantly, Part I of the Act is the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

 which outlines the civil rights and liberties of every citizen in Canada, such as freedom of expression, of religion, and of mobility. Part II addresses the rights of Canada's Aboriginal people.

In UK, the parallel act passed simultaneously by the British Parliament was called the Canada Act 1982
Canada Act 1982
The Canada Act 1982 is an Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the...

. As a bilingual act of parliament, the Canada Act 1982 has the distinction of being the only legislation in French that has been passed by an English or British Parliament since Norman French ceased to be the language of government in England.

Canadian Charter of Rights and Freedoms



As noted above, this is Part I of the Constitution Act, 1982. 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. Only applies to government and government actions with the intention to prevent government from creating laws that are unconstitutional.

Amending formula



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 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
    Monarchy in Canada
    The monarchy of Canada is the core of both Canada's federalism and its Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of the Canadian government and each provincial government...

    , 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.
  • 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 proclamation paper


In 1983, Peter Greyson, an art student, entered Ottawa's National Archives (known today as Library and Archives Canada
Library and Archives Canada
Library and Archives Canada is a national memory institution dedicated to providing the best possible account of Canadian life through acquiring, preserving and making Canada's documentary heritage accessible for use in the 21st century and beyond...

) and poured red paint over a copy of the proclamation of the 1982 constitutional amendment. 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 he believed the government to be. A grapefruit-sized stain remains on the original document; restoration specialists opted to leave most of the paint intact, fearing that removal attempts would merely cause further damage.

Sources of the Constitution


There are three general methods of constitutional entrenchment:
  • 1. 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
    Bill of Rights 1689
    The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...

     or the Act of Settlement 1701
    Act of Settlement 1701
    The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...

    . 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
    Statute of Westminster 1931
    The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...

    . 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
    Constitution Act, 1982
    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, and changing the latter's name in Canada to the Constitution Act, 1867...

    's reference of the Proclamation of 1763.

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
Reference re Secession of Quebec, [1998] 2 S.C.R. 217 was an opinion of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada....

.

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 convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...

s form part of the constitution, but they are not legally enforceable. They include the existence of a Prime Minister and Cabinet, the fact that the Governor General is required to grant Royal assent to bills adopted by both Houses of Parliament, and the requirement that the Prime Minister either resign or request a new general election upon losing a vote of non-confidence in the House of Commons.
Royal prerogative : Reserve powers of the Canadian Crown
Monarchy in Canada
The monarchy of Canada is the core of both Canada's federalism and its Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of the Canadian government and each provincial government...

; being remnants of the powers once held by the British Crown, reduced over time by the parliamentary system. 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
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...

 to the Crown.
Unwritten principles : Principles that are incorporated into the Canadian constitution by reference from the preamble of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...

. Unlike conventions, they are legally binding. Amongst the recognized constitutional principles are federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...

, democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...

, constitutionalism
Constitutionalism
Constitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....

 and the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...

, and respect for minorities. Other principles include responsible government
Responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...

, representation by population, judicial independence
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...

, parliamentary supremacy and an implied bill of rights
Implied Bill of Rights
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
Provincial Judges Reference
The Provincial Judges Reference [1997] 3 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges...

(1997), it was found a law can be held invalid for contradicting unwritten principles, in this case judicial independence.

See also



  • Law of Canada
    Law of Canada
    The Canadian legal system has its foundation in the British common law system, inherited from being a former colony of the United Kingdom and later a member of the Commonwealth of Nations. Quebec, however, still retains a civil system for issues of private law...

  • Canadian Bill of Rights
    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, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...

  • Canadian Confederation
    Canadian Confederation
    Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...

  • Constitution Act (British Columbia)
    Constitution Act (British Columbia)
    Constitution Act, 1996 is a provincial Act passed by the British Columbia legislature. The Act outlines the powers and rules governing the executive and legislative branches of the provincial government of British Columbia....

  • Constitution of Quebec
    Constitution of Quebec
    The constitution of Quebec comprises a set of legal rules which fall in either one of the follow categories:* The provisions of the Constitution Act, 1867 pertaining to the provinces of Canada in general and Quebec in particular;...

  • Constitution
    Constitution
    A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

  • Constitutional law
    Constitutional law
    Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....

  • Constitutional economics
    Constitutional economics
    Constitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...

  • Constitutionalism
    Constitutionalism
    Constitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....


External links