Canadian Constitutional Documents
(Part 1 of the Constitution Act, 1982)
Part 2 Rights of the Aboriginal Peoples of Canada Part 3 Equalization and Regional Disparities Part 4 Constitutional Conference Part 5 Procedure for Amending Constitution of Canada Part 6 Amendment to the Constitution Act , 1867 Part 7 General
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 2.Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association. Democratic Rights3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members. (2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. 5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. Mobility Rights6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada. (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right (a) to move to and take up residence in any province; and (b) to pursue the gaining of a livelihood in any province. (3) The rights specified in subsection (2) are subject to (a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and (b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services. (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.Legal Rights7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.8. Everyone has the right to be secure against unreasonable search or seizure. 9. Everyone has the right not to be arbitrarily detained or imprisoned. 10. Everyone has the right on arrest or detention (a) to be informed promptly of the reasons therefore; (b) to retain and instruct counsel without delay and to be informed of that right; and (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. 11. Any person charged with an offence has the right (a) to be informed without unreasonable delay of the specific offence; (b) to be tried within a reasonable time; (c) not to be compelled to be a witness in proceedings against that person in respect of the offence; (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; (e) not to be denied reasonable bail without just cause; (f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment; (g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations; (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and (i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment. 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. 14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. Equality Rights15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.Official Languages of Canada16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada. (2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick. (3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French. 16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities. (2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed. 17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament. (2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick. 18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative. (2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative. 19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament. (2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick. 20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where (a) there is a significant demand for communications with and services from that office in such language; or (b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French. (2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French. 21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada. 22. Nothing in sections 16 to 20 abrogates or derogates from any legal or
customary right or privilege acquired or enjoyed either before or after the
coming into force of this Charter with respect to any language that is not
English or French. Minority Language Educational Rights23. (1) Citizens of Canada (a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or (b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province. (2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language. (3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province (a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and (b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.Enforcement24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.General25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any Aboriginal, treaty or other rights or freedoms that pertain to the Aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired. 26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada. 27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. 28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons. 29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools. 30. A reference in this Charter to a Province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be. 31. Nothing in this Charter extends the legislative powers
of any body or authority. Application of Charter32. (1) This Charter applies (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. (2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. (2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration. (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration. (4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1). (5) Subsection (3) applies in respect of a re-enactment made under subsection (4). Citation34. This Part may be cited as the Canadian Charter of Rights and Freedoms.
( PART I1 of the Constitution Act, 1982)
35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada. (3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired. (4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. 35.1 The government of Canada and the provincial governments are committed to the principle that, before any amendment is made to Class 24 of section 91 of the "Constitution Act, 1867", to section 25 of this Act or to this Part, a) a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and b) the Prime Minister of Canada will invite representatives of the aboriginal peoples of Canada to participate in the discussions on that item. ( Part 3 of the Constitution Act, 1982) 36. (1) Without altering the legislative authority of Parliament or of the provincial legislatures, or the rights of any of them with respect to the exercise of their legislative authority, Parliament and the legislatures, together with the government of Canada and the provincial governments, are committed to
(2) Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation. 37. ( PART
IV of the Constitution Act, 1982)
( PART IV.I of the Constitution Act, 1982) CONSTITUTIONAL CONFERENCES 37.1 (1) In addition to the conference convened in March 1983, at least two constitutional conferences composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that date. (2) Each conference convened under subsection (1) shall have included in its agenda matters that directly affect the aboriginal peoples of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on those matters. (3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participating the discussions on any item on the agenda of a conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories. (4) Nothing in this section shall be construed as to derogate from subsection 35(1).(
( PART V
of the Constitution Act, 1982) 38. 1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by
(2) An amendment made under subsection (1) that derogates from the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the Senate, the House of Commons and the legislative assemblies required under subsection (1). (3) An amendment referred to in subsection (2) shall not have effect in a province the legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment. (4) A resolution of dissent made for the purposes of subsection (3) may be revoked at any time before or after the issue of the proclamation to which it relates. 39. (1) A proclamation shall not be issued under subsection 38(1) before the expiration of one year from the adoption of the resolution initiating the amendment procedure thereunder, unless the legislative assembly of each province has previously adopted a resolution of assent or dissent. (2) A proclamation shall not be issued under subsection 38(1) after the expiration of three years from the adoption of the resolution initiating the amendment procedure thereunder. 40. Where an amendment is made under subsection 38(1) that transfers provincial legislative powers relating to education or other cultural matters from provincial legislatures to Parliament, Canada shall provide reasonable compensation to any province to which the amendment does not apply. 41.An amendment to the Constitution of Canada in relation to the following matters may be made by proclamation issued by the Governor General under the Great Seal of Canada only where authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province:
42. (1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1):
(2) Subsections 38(2) to (4) do not apply in respect of amendments in relation to matters referred to in subsection (1). 43. An amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces, including
44. Subject to sections 41 and 42, Parliament may exclusively make laws amending the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons. 45. Subject to section 41, the legislature of each province may exclusively make laws amending the constitution of the province. 46. (1) The procedures for amendment under sections 38, 41, 42 and 43 may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province. (2) A resolution of assent made for the purposes of this Part may be revoked at any time before the issue of a proclamation authorized by it. 47. (1) An amendment to the Constitution of Canada made by proclamation under section 38, 41, 42 or 43 may be made without a resolution of the Senate authorizing the issue of the proclamation if, within one hundred and eighty days after the adoption by the House of Commons of a resolution authorizing its issue, the Senate has not adopted such a resolution and if, at any time after the expiration of that period, the House of Commons again adopts the resolution. (2) Any period when Parliament is prorogued or dissolved shall not be counted in computing the one hundred and eighty day period referred to in subsection (1). 48. The Queen's Privy Council for Canada shall advise the Governor General to issue a proclamation under this Part forthwith on the adoption of the resolutions required for an amendment made by proclamation under this Part. 49. A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada within fifteen years after this Part comes into force to review the provisions of this Part.
(PART
VI of the Constitution Act, 1982) AMENDMENT TO THE CONSTITUTION ACT, 1867
50. 51. (PART
VII of the Constitution Act, 1982) GENERAL
52.( 1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. (2) The Constitution of Canada includes
53. (1) The enactments referred to in Column I of the schedule are hereby repealed or amended to the extent indicated in Column II thereof and, unless repealed, shall continue as law in Canada under the names set out in Column III thereof. (2) Every enactment, except the Canada Act 1982, that refers to an enactment referred to in the schedule by the name in Column I thereof is hereby amended by substituting for that name the corresponding name in Column III thereof, and any British North America Act not referred to in the schedule may be cited as the Constitution Act followed by the year and number, if any, of its enactment. 54. Part IV is repealed on the day that is one year after this Part comes into force and this section may be repealed and this Act renumbered, consequentially upon the repeal of Part IV and this section, by proclamation issued by the Governor General under the Great Seal of Canada. 54.1 Repealed 55. A French version of the portions of the Constitution of Canada referred to in the schedule shall be prepared by the Minister of Justice of Canada as expeditiously as possible and, when any portion thereof sufficient to warrant action being taken has been so prepared, it shall be put forward for enactment by proclamation issued by the Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada. 56. Where any portion of the Constitution of Canada has been or is enacted in English and French or where a French version of any portion of the Constitution is enacted pursuant to section 55, the English and French versions of that portion of the Constitution are equally authoritative. 57. The English and French versions of this Act are equally authoritative. 58. Subject to section 59, this Act shall come into force on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada. 59. (1) Paragraph 23(1)(a) shall come into force in respect of Quebec on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada. (2) A proclamation under subsection (1) shall be issued only where authorized by the legislative assembly or government of Quebec. (3) This section may be repealed on the day paragraph 23(1)(a) comes into force in respect of Quebec and this Act amended and renumbered, consequentially upon the repeal of this section, by proclamation issued by the Queen or the Governor General under the Great Seal of Canada. 60. This Act may be cited as the Constitution Act, 1982, and the Constitution Acts 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1982. 61. A reference to the "Constitution Acts, 1867 to 1982" shall be deemed to include a reference to the "Constitution Amendment Proclamation, 1983".
Amendments Proclaimed since 1982 The high profile failures to amend the Constitution under the terms of the Meech Lake and Charlottetown Accords may have created the perception that constitutional change is not possible. However, that is not the case. Since the amending formula was adopted in 1982, seven amendments to the Constitution have been successfully completed and proclaimed into law. The first, the Constitution Amendment Proclamation, 1983, occurred in 1984 and was concerned with Aboriginal rights. The second, the Constitution Amendment, 1987 (Newfoundland Act), dealt with the entrenchment of the denominational school rights of the Pentecostal Assemblies in Newfoundland. The third, the Constitution Amendment, 1993 (New Brunswick), established the equality of the English-speaking and French-speaking communities in New Brunswick. The fourth, the Constitution Amendment, 1994 (Prince Edward Island), relieved Canada of the obligation to provide steamboat service to the Prince Edward Island upon completion of a "fixed link" joining the Island to New Brunswick. The fifth, the Constitution Amendment, 1997 (Newfoundland Act), granted the Newfoundland House of Assembly additional powers to organize and administer the province's denominational school system. The sixth, the Constitution Amendment, 1997 (Quebec), removed the province's requirement to provide denominational schools, facilitating the establishment of a linguistically-based system of education. The seventh, the Constitution Amendment, 1998 (Newfoundland Act), removed the province's requirement to provide denominational schools and enabled the province to modernize its school system.
The Canada Act, 1982including the Constitution Act, 1982 1982, c. 11 (U.K.) [29th March 1982] An Act to give effect to a request by the Senate and House of Commons of Canada Whereas Canada has requested and consented to the enactment of an Act of the Parliament of the United Kingdom to give effect to the provisions hereinafter set forth and the Senate and the House of Commons of Canada in Parliament assembled have submitted an address to Her Majesty requesting that Her Majesty may graciously be pleased to cause a Bill to be laid before the Parliament of the United Kingdom for that Purpose. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. The Constitution Act, 1982 set out in schedule B to this Act is hereby enacted for and shall have the force of law in Canada and shall come unto force as provided in that Act. 2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force shall extend to Canada as part of its law. 3. So far as it is not contained in Schedule B, the French version of this Act is set out in Schedule A to this Act and has the same authority in Canada as the English version thereof. 4. This Act may be cited as the Canada Act 1982.
Constitution Amendment Proclamation, 1983 SI/84-102 By Her Excellency the Right Honourable Jeanne Sauvé, Governor General and Commander-in-Chief of Canada. To All to Whom these Presents shall come. Greeting: JEANNE SAUVÉ A Proclamation Whereas the "Constitution Act, 1982" provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by the resolutions of the Senate and House of Commons and resolutions of the legislative assemblies as provided for in section 38 thereof; And Whereas a constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces was convened pursuant to section 37 of the "Constitution Act, 1982; And Whereas that conference had included in its agenda an item respecting constitutional matters that directly affect the aboriginal peoples of Canada, including the identification and definition of the rights of those peoples to be included in the Constitution of Canada; And Whereas the Prime Minister of Canada invited representatives of the aboriginal peoples of Canada and elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in discussions at that conference; And Whereas, following that conference, the Senate, the House of Commons and the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the latest general census, at least fifty per cent of the population of all the provinces, have, by resolution, authorized an amendment to the Constitution of Canada to be made by proclamation issued by the Governor General under the Great Seal of Canada; And Whereas one year, and not more than three years, have expired from the adoption of the resolution initiating the amendment procedure relating to the amendment to the Constitution of Canada set forth in the schedule hereto; And Whereas the Queen's Privy Council for Canada has advised me to issue this proclamation; Now Know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule hereto. In Testimony Whereof I have caused these Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. At Government House, in the City of Ottawa, this twenty-first day of June in the Year of Our Lord one thousand nine hundred and eighty-four. By Command,
SCHEDULE PROCLAMATION AMENDING THE CONSTITUTION OF CANADA 1. Paragraph 25(b) of the "Constitution Act, 1982" is repealed and the following substituted thereof: "(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired." 2. Section 35 of the "Constitution Act, 1982" is amended by adding thereto the following subsections: "(3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired. (4) Notwithstanding any other provision in this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons." 3.The said Act is further amended by adding thereto, immediately after section 35 thereof, the following section: "35.1 The government of Canada and the provincial governments are committed to the principle that, before any amendment is made to Class 24 of section 91 of the "Constitution Act, 1867", to section 25 of this Act or to this Part, (a) a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and (b) the Prime Minister of Canada will invite the representatives of the aboriginal peoples of Canada to participate in the discussion on that item." 4. The said Act is further amended by adding thereto, immediately after section 37 thereof, the following Part: "PART IV.1 CONSTITUTIONAL CONFERENCES 37.1 (1) In addition to the conference convened in March 1983, at least two constitutional conferences composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that date. (2) Each conference convened under subsection (1) shall have included in its agenda constitutional matters that directly affect the aboriginal peoples of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussion of those matters. (3)The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in discussions on any item in the agenda of a conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories. (4)Nothing in this section shall be construed so as to derogate from subsection 35(1)." 5. The said Act is further amended by adding thereto, immediately after section 54 thereof, the following section: "54.1 Part IV.1 and this section are repealed on April 18, 1987." 6. The said Act is further amended by adding thereto the following section: "61. A reference to the "Constitution Acts, 1867 to 1982" shall be deemed to include a reference to the "Constitution Amendment Proclamation, 1983". 7. This Proclamation may be cited as the "Constitution Amendment Proclamation, 1983".
Constitution Amendment Proclamation, 1987By Her Excellency the Right Honourable Jeanne Sauvé, Governor General and Commander-in-Chief of Canada. To All to Whom these Presents shall come. Greeting: JEANNE SAUVÉ A Proclamation Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by the resolutions of the Senate and House of Commons and resolutions of the legislative assembly of each province to which the amendment applies; And Whereas the Senate, the House of Commons and the House of Assembly of the Province of Newfoundland have, by resolution, authorized an amendment to the Constitution of Canada to be made by proclamation issued by the Governor General under the Great Seal of Canada. And Whereas the Queen's Privy Council for Canada has advised me to issue this proclamation; Now Know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule hereto. In Testimony Whereof I have caused these Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. At Government House, in the City of Ottawa, this twenty-second day of December in the Year of Our Lord One Thousand Nine Hundred and Eighty-seven. By Command,
BRIAN MULRONEY SCHEDULEAmendment to the Constitution of Canada 1. (1) Section 3 of the Newfoundland Act is renumbered as subsection 3(1). (2) Section 3 of the said Act is further amended by adding thereto the following subsection:
2. (1)Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the said Act is renumbered as Term 17(1). (2) Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the said Act is further amended by adding thereto the following:
Citation 3. This Amendment may be cited as the Constitution Amendment, 1987.
Constitution Amendment Proclamation, 1993 (New Brunswick Act)
By His Excellency the Right Honourable Ramon John Hnatyshyn, Governor General and Commander-in-Chief of Canada To All to Whom these Presents shall come, Greeting: A Proclamation Whereas section 43 of the Constitution Act, 1982, provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House Commons and of the legislative assembly of each province to which the amendment apply; And Whereas the Senate, the House of Commons and the Legislative Assembly of the Province of New Brunswick have, by resolution, authorized an amendment to the Constitution of Canada to be made by proclamation issued by the Governor General under the Great Seal of Canada; And Whereas the Queen's Privy Council for Canada has advised me to issue this proclamation; Now Know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule hereto. In Testimony Whereof, We have caused these Letters to be made patent and the Great Seal of Canada to be hereunto affixed. At Government House, in the City of Ottawa, this twelfth day of March in the Year of Our Lord One Thousand Nine Hundred and Ninety-three. By Command,
SCHEDULE Amendment to the Constitution of Canada 1. The "Constitution Act, 1982" is amended by adding thereto, immediately after section 16 thereof, the following section: "16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities. (2) The role of the legislature and the government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed." 2. This amendment may be cited as the "Constitution Amendment, 1993 (New Brunswick)".
Constitution Amendment Proclamation, 1993 (Prince Edward Island)R.J. HNATYSHYN Canada Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of Commonwealth, Defender of the Faith. By His Excellency the Right Honourable Ramon John Hnatyshyn, Governor General and Commander-in-Chief of Canada To All to Whom these Presents shall come, Greeting: A Proclamation Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies: And whereas the Senate, the House of Commons and the Legislative Assembly of the Province of Prince Edward Island have, by resolution, authorized an amendment to the Constitution of Canada to be made by proclamation issued by the Governor General under the Great Seal of Canada; And whereas the Queen's Privy Council for Canada has advised me to issue this proclamation; Now know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule thereto. In Testimony Whereof I have caused these Letters to be made patent and the Great Seal of Canada to be hereunto affixed. At Government House, in the City of Ottawa, this fifteenth day of April in the Year of Our Lord One Thousand Nine Hundred and Ninety-four. By Command,
JEAN CHRÉTIEN Prime Minister of Canada SCHEDULEAMENDMENT TO THE CONSTITUTION OF CANADA 1. The Schedule to the Prince Edward Island Terms of Union is amended by adding thereto, after the portion that reads
the following
That, for greater certainty, nothing in this Schedule prevents the imposition of tolls for the use of such a fixed crossing between the Island and the mainland, or the private operation of such a crossing;" 2. This Amendment may cited as the "Constitution Amendment, 1993 (Prince Edward Island)".
Bill C-110First Reading, November 29, 1995. 1st Session, 35th Parliament, THE HOUSE OF COMMONS OF CANADA An Act respecting constitutional amendments Her Majesty, by and with the consent and of the Senate and House of Commons of Canada, enacts as follows: 1. (1) No Minister of the Crown shall propose a motion for a resolution to authorize an amendment to the Constitution of Canada, other than an amendment in respect of which the legislative assembly of a province may exercise a veto under section 41 or 43 of the Constitution Act, 1982 or may express its dissent under subsection 38(3) of that Act, unless the amendment has first been consented to by a majority of the provinces that includes
(b) Quebec; (c) two or more of the Atlantic provinces that have, according to the then latest general census, combined populations of at least fifty per cent of the population of all the Atlantic provinces; and (d) two or more of the Western provinces that have, according to the then latest general census, combined populations of at least fifty per cent of the population of all the Western provinces. (2) In this section, "Atlantic provinces" means the provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland; "Western provinces" means the provinces of Manitoba, British Columbia, Saskatchewan and Alberta.
Constitution Amendment Proclamation, 1997 (Newfoundland Act)[21st April 1997] Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. By His Excellency the Right Honourable Roméo Leblanc, Governor General and Commander-in-Chief of Canada To All to Whom these Presents shall come, Greeting: A Proclamation Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies; And whereas section 47 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation under section 43 may be made without a resolution of the Senate authorizing the issue of the proclamation if, within one hundred and eighty days after the adoption by the House of Commons of a resolution authorizing its issue, the Senate has not adopted such a resolution and if, at any time after the expiration of that period, the House of Commons again adopts the resolution; And whereas the House of Commons adopted a resolution on June 3, 1996, authorizing an amendment to the Constitution of Canada and, the Senate not having adopted such a resolution, the House of Commons again adopted the resolution on December 4, 1996; And whereas Parliament was neither prorogued nor dissolved between June 3, 1996 and December 4, 1996; And whereas the Legislative Assembly of the Province of Newfoundland adopted a resolution on October 31, 1995 authorizing an amendment to the Constitution of Canada; And whereas the Queen's Privy Council for Canada has advised me to issue this proclamation; Now know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule hereto. In Testimony Whereof I have caused these Letters to be made patent and the Great Seal of Canada to be hereunto affixed. At Government House, in the City of Ottawa, this twenty-first day of April in the Year of Our Lord One Thousand Nine Hundred and Ninety-seven. By Command, SCHEDULEAMENDMENT TO THE CONSTITUTION OF CANADA 1. Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act is repealed and the following substituted therefore: "17. In lieu of section ninety-three of the Constitution Act, 1982, the following shall apply in respect of the Province of Newfoundland: 2. This Amendment may be cited as the Constitution Amendment, 1997 (Newfoundland Act).
Constitutional Amendment Quebec (1997) WHEREAS the Government intends to institute linguistic school boards as soon as possible;WHEREAS it is desirable, for that purpose, to amend the Constitution Act, 1867, so that Québec may recover its full capacity to act in matters of education; WHEREAS such amendment in no way constitutes recognition by the National Assembly of the Constitutional Act, 1982, which was adopted without its consent; WHEREAS undertakings were given by the Federal Government to proceed rapidly with such amendment, through bilateral action and with the agreement of the National Assembly and of the Federal Parliament; THEREFORE, BE IT RESOLVED THAT the National Assembly authorizes the amendment to the Constitution of Canada by proclamation of His Excellency the Governor General under the Great Seal of Canada, in accordance with the following text: AMENDMENT TO THE CONSTITUTION OF CANADA CONSTITUTION ACT, 1867 1. The Constitutional Act 1867, is amended by inserting the following after section 93:
"93A. Subsections 93(1) to (4) do not apply to Québec.". TITLE 2. Title of this Amendment: "Constitutional Amendment, 1999, (Québec)."
Constitution Amendment Proclamation, 1998 (Newfoundland Act)[14 January 1998] Canada By His Excellency the Right Honourable Roméo Leblanc, Governor General and Commander-in-Chief of Canada To All to Whom these Presents shall come, Greeting: A Proclamation Whereas section 43 of the Constitutional Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies; And whereas the Senate adopted a resolution on December 18, 1997 authorizing an amendment to the Constitution of Canada; And whereas the House of Commons adopted a resolution on December 9, 1997 authorizing an amendment to the Constitution of Canada; And whereas the House of Assembly of the Province of Newfoundland adopted a resolution on September 5, 1997 authorizing an amendment to the Constitution of Canada; And whereas the Queen's Privy Council for Canada has advised me to issue this proclamation; Now know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule hereto. In Testimony Whereof I have caused these Letters to be made patent and the Great Seal of Canada to be hereunto affixed. At Government House, in the City of Ottawa, this eighth day of January in the Year of Our Lord One Thousand Nine Hundred and Ninety-eight. By Command, SCHEDULEAMENDMENT TO THE CONSTITUTION OF CANADA 1. Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act is repealed and the following substituted therefore: "17. (1) In lieu of section ninety-three of the Constitutional Act, 1867, this Term shall apply in respect of the Province of Newfoundland: 2. This Amendment may be cited as the Constitution Amendment, 1998 (Newfoundland Act).
Constitution Amendment 2001 (Newfoundland and Labrador)[IS/2001-117 - 6 December 2001] Canada By Her Excellency the Right Honorable Adrienne Clarkson, Governor General and Commander-in-Chief of Canada To All to Whom these Presents shall come, Greeting: A Proclamation Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies; And whereas the Senate adopted a resolution on November 20, 2001 authorizing an amendment to the Constitution of Canada; And whereas the House of Commons adopted a resolution on October 30, 2001 authorizing an amendment to the Constitution of Canada; And whereas the House of Assembly of the Province of Newfoundland adopted a resolution on April 29, 1999 authorizing an amendment to the Constitution of Canada; And whereas the Queen's Privy Council for Canada has advised me to issue this proclamation; Now Know You that I do issue this proclamation amending the Constitution of Canada in accordance with the schedule hereto. In Testimony Whereof I have caused these Letters to be made patent and the Great Seal of Canada to be hereunto affixed At Government House, in the City of Ottawa, this sixth day of December in the Year of Our Lord Two Thousand and One. By Command, SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA 1. The Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act are amended by striking out the words "Province of Newfoundland" wherever they occur and substituting the words "Province of Newfoundland and Labrador". 2. Paragraph (g) of Term 33 of the Schedule to the Act is amended by striking out the word "Newfoundland" and substituting the words "the Province of Newfoundland and Labrador" 3. Term 38 of the Schedule to the Act is amended by striking out the words "Newfoundland veterans" wherever they occur and substituting the words "Newfoundland and Labrador veterans" 4. Term 42 of the Schedule to the Act is amended by striking out the words "Newfoundland merchant seamen" and "Newfoundland merchant seaman" wherever they occur and substituting the words "Newfoundland and Labrador merchant seamen" and "Newfoundland and Labrador merchant seaman" respectively. 5. Subsection (2) of Term 46 of the Schedule to the Act is amended by adding immediately after the word "Newfoundland" where it first occurs the words "and Labrador" 6. This Amendment may be cited as the Constitution Amendment, 2001 (Newfoundland and Labrador).
Judicial Interpretation of the Constitution (this section is not part of the Canadian Constitution) By interpreting the general provisions of the formal Constitution and applying them to specific disputes, the courts have played a central role adjusting the Constitution to changing conditions and ideas. They have, in the words of one constitutional expert, added the "flesh and blood to the bare bones" of the Constitution. The courts' decisions have shaped the Constitution and the country immeasurably. Although the Supreme Court of Canada was established in 1875, Canada's court of final appeal until 1949 was the Judicial Committee of the Privy Council in London, England. Until 1982 and the coming into force of the Canadian Charter of Rights and Freedoms, the majority of constitutional cases considered by the courts concerned sections 91 and 92 and related sections of the Constitution Act, 1867, where legislative powers are enumerated and distributed between Parliament and the provincial legislatures. The Judicial Committee was acutely sensitive to the conflicting claims of the central and provincial authorities in Canada, and to the need to create a balance between these two levels of government. The Committee's legacy – the principle that both Parliament and the provincial legislatures are supreme in their respective legislative jurisdictions – is one of the principal themes of Canadian history. The Judicial Committee not only resisted the centralizing tendencies of the Constitution, but also, over time, shaped the constitutional distribution of powers in the most fundamental way. The Committee established precedents that gave, for example, narrow interpretation to the principal federal powers, such as the "residual" and "trade and commerce" powers, and wide interpretation to the provincial power over "property and civil rights", which became, for all intents and purposes, an alternative residual power. In 1949, Canadian appeals to the Judicial Committee were ended, and the Supreme Court of Canada became the court of final appeal. Since 1949, the Supreme Court has presided over a general strengthening of government power at both the federal and the provincial levels as Canadian society and the economy have become more complex and difficult to manage. However, the Court has been conscious not to tilt the balance of power between Parliament and the provincial legislatures unduly one way or another. If a government is displeased with the Court's ruling on any matter, it may seek an amendment to the formal Constitution, although this is not an easy process. Saskatchewan and Alberta, however, pressed successfully in the 1981 accord for an amendment to section 92, increasing provincial control over natural resources with respect to taxation and interprovincial exports. The Charter of Rights, in place since 1982, has significantly expanded the scope of judicial review in Canada. Now, a government's legislation not only must be within its legislative jurisdiction, but also must not violate the provisions of the Charter. Although it has given the courts new power to prescribe constitutional norms with respect to fundamental rights and freedoms in the relations between state and society, and therefore to transform Canadian society, the Charter does not directly affect the distribution of powers between Ottawa and the provinces, which remains guided principally by sections 91 to 95.
Constitution Act, 1999 (Nunavut)[ Extracts of An Act to amend the Nunavut Act and the Constitution Act, 1867 ] 46-47 Elizabeth II, 1997-98, c. 15 (Canada) [Assented to 13th June 1998.] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: ...... PART II CONSTITUTION ACT, 1867 43. (1) The number of Senators provided for in section 21 of the Constitution Act, 1867, as amended, is increased from one hundred and four to one hundred and five. (2) The maximum number of Senators referred to in section 28 of that Act is increased from one hundred and twelve to one hundred and thirteen. (3) The Yukon Territory, the Northwest Territories and Nunavut are entitled to be represented in the Senate by one member each. 44. For the purposes of this Part, the word "Province" in section 23 of the Constitution Act, 1867, has the same meaning as is assigned to the word "province" by section 35 of the Interpretation Act. 45. The member of the Senate who represents the Northwest Territories immediately before the day that section 3 of the Nunavut Act comes into force shall, on and after that day, continue as the member of the Senate who represents one of the following:
(a) Nunavut, if the member resides in the part of the Northwest Territories referred to in section 3 of that Act immediately before that day; or 46. Subsection 51(2) of the Constitution Act, 1867 as enacted by the Constitution (No. 1), 1975, is replaced by the following:
(2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1985, shall be entitled to one member, the Northwest Territories as bounded and described in section 2 of chapter N-27 of the Revised Statutes of Canada, 1985, as amended by section 77 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member, and Nunavut as bounded and described in section 3 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member. 47. This Part may be cited as the Constitution Act, 1999 (Nunavut), and a reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to the Constitution Act, 1999 (Nunavut). ...... Coming into Force 52. (1) Despite section 79 of the Nunavut Act, section 2 of that Act, as amended by section 1 of this Act, section 50.1 of that Act, as enacted by section 9 of this Act, and sections 76.01 to 76.07 and 76.09 of that Act, as enacted by section 16 of this Act, come into force on the day that this Act is assented to. (2) Part 2 comes into force on the day that section 3 of the Nunavut Act comes into force. This web site does not claim to have the most complete, accurate and updated version of the Canadian Constitutional Documents. They are up here to just give readers the general thrust and content of Canada's Constitution, since so few Canadians seem to know much about the Constitution. Canada is unlike most countries regarding its Constitution. Most nation's basic law (their constitution) is derived from one document. However, Canada's basic law is derived from a set of legal documents (Constitutional Acts), as well as from unwritten laws and conventions. Add all these together from 1867(and even from before 1867) to the present year 2010, and you have the basic law of the land. All the various laws, rules, and practices that structure the way the Canadian political system runs - add up to the "constitution" of Canada. This Constitution includes many statutes, orders-in-council, and judicial decisions that interpret these documents. As well informal rules exist, which are called constitutional conventions, which govern how the political actors behave. There are also some traditions and customs which are not legally required, but are followed nevertheless. When most people refer to the Constitution, perhaps they are thinking of the subset of rules that make up the formal Canadian Constitution. Section 52 of the Constitutional Act, 1982 outlines what documents are part of the formal Constitution. These special collection of rules, are declared the "supreme law of Canada," that takes precedence over any other law. The Constitution can only be changed according to the amending formula set out in Part V of the Constitution Act, 1982. Over two dozen (24) documents were included in the 1982 description of the Constitution, and since then over six new constitutional amendments have been added to that already very long and crowded list !!
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