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Constitutional Documents in Canada
The written part of Canada’s constitution consists of statutes
of the Imperial (that is, the United Kingdom) Parliament,
the Parliament of Canada and the legislatures of the Canadian
provinces. The major constitutional document is the British North
America Act, 1867, later renamed the Constitution Act, 1867. This
document is a statute of the United Kingdom Parliament. By this Act,
the United Kingdom Parliament united three British colonies - Canada,
Nova Scotia and New Brunswick - into one Dominion under the name of
Canada, and provided for executive, legislative and judicial
organs of governance for the Dominion of Canada (we would now
say ‘the Federation’, the ‘Federal Government’ or ‘Canada’). The
Act then created four Provinces in the same territory - Ontario,
Quebec, Nova Scotia and New Brunswick - and established executive,
legislative and judicial organs of governance for these provinces.
The Act endowed Canada and the provinces with legislative powers,
which it divided between them. By the terms of the Constitution
Act, 1867, the legislative powers conferred on the Federal
Parliament are "exclusive"; so, too, does the Act "exclusively"
confer legislative powers on the provinces. Because its powers
are "exclusive", Canada’s legislative power acts as a limit on
provincial legislative power, and vice versa.
Canada’s constitution limits governmental power in other ways,
most notably by Part I of the Constitution Act, 1982 (the "Canadian
Charter of Rights and Freedoms") which guarantees certain rights
to individuals and groups; by Part II of the Constitution Act,
1982 and certain other constitutional statutes and rules of the
common law which reserve rights and powers to Aboriginal persons
and groups, and by other constitutional statutes which reserve
further rights and powers to individuals and groups. These
reservations require government power to refrain from acting in
ways that impinge unduly on these rights, or require government
power to be exercised in prescribed ways: equally, for
example, or again, bilingually.
KEY CONSTITUTIONAL DOCUMENTS
OTHER CONSTITUTIONAL DOCUMENTS
PROPOSALS FOR CONSTITUTIONAL CHANGE
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