List of Canadian constitutional documents
Encyclopedia
The following is a list of pre-1982 English, British, and Canadian legislation that forms part of the Constitution of Canada
Constitution of Canada
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. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...

. These pieces of legislation are entrenched in the constitution, meaning their provisions cannot be changed without following the amending formula given in 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...

. There are three general methods of constitutional entrenchment:
  1. Specific mention as a constitutional document in section 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...

    , such as 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...

    .
  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
    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...

    , such as provisions with regard to the monarchy. English and British statutes are part of Canadian law because of the Colonial Laws Validity Act 1865
    Colonial Laws Validity Act 1865
    The Colonial Laws Validity Act 1865 is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws"....

    , section 129 of the Constitution Act, 1867, and the Statute of Westminster, 1931. 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
    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...

    '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.


Legislation under method 1 (section 52(2) entrenchment):
  • 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...

  • Manitoba Act, 1870
  • Rupert's Land and North-Western Territory Order
  • British Columbia Terms of Union
  • Constitution Act, 1871
  • Prince Edward Island Terms of Union
  • Parliament of Canada Act, 1875
  • Adjacent Territories Order
  • Constitution Act, 1886
  • Canada (Ontario Boundary) Act, 1889
  • Alberta Act
    Alberta Act
    The Alberta Act, effective September 1, 1905, was the act of the Parliament of Canada that created the province of Alberta. The act is similar in nature to The Saskatchewan Act, which established the province of Saskatchewan at the same time...

  • Saskatchewan Act
  • Constitution Act, 1907
  • Constitution Act, 1915
  • Constitution Act, 1930
  • 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...

  • Constitution Act, 1940
  • Newfoundland Act
    Newfoundland Act
    The Newfoundland Act was an Act of the Parliament of the United Kingdom that confirmed and gave effect to the Terms of Union agreed to between the then-separate Dominions of Canada and Newfoundland on March 23, 1949...

  • Constitution Act, 1960
  • Constitution Act, 1964
  • Constitution Act, 1965
  • Constitution Act, 1974
  • Constitution Act (No. 1), 1975
  • Constitution Act (No. 2), 1975


Legislation under method 2 (statutes concerning the monarchy):
  • 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 ,...

    (provisions with regard to the monarchy are to be taken literally)
  • Act of Settlement, 1701 (provisions with regard to the monarchy are to be taken literally)


Legislation under method 3 (statutes referenced by other entrenched documents):
  • 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 ,...

    (provisions with regard to civil rights or the constitutional order are to be taken foundationally)
  • Act of Settlement, 1701 (provisions with regard to civil rights or the constitutional order are to be taken foundationally)
  • Proclamation of 1763
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