The constitution act of 1982 updates the original constitution of canada, the british north america act. It achieved full independence for canada by allowing the country to change its constitution without approval from britain. Constitution act, 1982 1 schedule b constitution act, 1982 part i canadian charter of rights and freedoms whereas canada is founded upon the principles that recognize the supremacy of god and the rule of law. For any other constitutional statutes, place pinpoint references after the chapter. Sections 91 and 92 set out the division of powers between the federal and provincial governments. Kennedy,11 which i have, in part, drawn on for this introduction. The act was introduced as part of canada s process of patriating the constitution, introducing several amendments to the british north america act, 1867, including renaming it the constitution act, 1867. The legal text of the charter is published online as constitution act, 1982. The charter of rights is a 1982 addition to the constitution that outlines the civil rights of every canadian citizen.
Constitution act, 1982, includes the canadian charter of rights and freedoms. You can request a printed copy of the canadian charter of rights or freedoms or the canadian bill of rights. 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 into force as provided in that act. Section 35 of the constitution act, 1982 recognizes and affirms existing aboriginal rights, but does not define them. Whereas canada is founded upon principles that recognize the. The canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject. Constitution act, 1982 our country, our parliament. Canadian charter of rights and freedoms, s 7, part 1 of the constitution act, 1982, being schedule b to the canada act 1982 uk, 1982, c 11. References to aboriginal rights in the constitution act, 1982. Canadian charter of rights and freedoms constitution act. Constitution act, 1982 section 35 university of british. Constitution 1982 listen at ecouter a 10 minutes canadians can now amend their constitution duration. Since 1982, all canadian laws are passed in canada without requiring the approval of the british parliament.
The constitution act 1867this was the old british north america act 1867. When canada was created, it was a selfgoverning british colony. Constitution act 1982, section 35 senate of canada. 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. The matters referred to in class 1 are provided for in subsection 42 and part v of the constitution act, 1982. 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. The act was passed after a fierce, 18month political and legal struggle. Constitution act, 1982 wikisource, the free online library. In 1982, the charter was enacted as part of canadas constitution. The firstever primer on canadas constitution for anyone who wants to understand the supreme body of law in the land. Proclamation of the constitution act, 1982 library and. Section 121 provides for free interprovincial trade. Note that pinpoint references to the canadian charter and the constitution act, 1982 are immediately after the title.
Part i, canadian charter of rights and freedoms whereas canada is founded upon principles that recognize the supremacy of god and the rule of law. Canadian history for dummies cheat sheet cheat sheet any place as eclectic and mixed up as canada will never be able to settle on a single unified, national history that will please everyone, but make no mistake. It combined the constitution act of 1867, the manitoba schools act, the canadian charter of rights and freedoms and other documents into one clearly identified constitution, it patriated the canadi. What aboriginal rights include has been the topic of much debate and discussion, and they have been defined over time through supreme court cases such as r.
Whereas canada is founded upon principles that recognize the supremacy of god and the rule of law. The constitution act, 1982 also contains a schedule of repeals of certain constitu tional enactments and provides for the renaming of others. A video made by two western university law students on what the canadian constitution is. Here are some protections that the charter guarantees freedom of religion, of thought, of expression, of the press and of peaceful assembly. This guide explains the canadian charter of rights and freedoms the charter and its importance in the daily lives of canadians. Representation, there shall be added to the number of members so. Constitution act 1982 document the canadian encyclopedia. Candidates should make regular reference to the texts of canadian constitutional documents relevant to the.
The constitution act, 1982 contains the canadian charter of. The constitution act, 1982 introduced several amendments to the british north america act, 1867 and changed its name in canada to the constitution act, 1867. Canadian charter of rights and freedoms part i of the constitution act, 1982 80 assented to march 29th, 1982. To protect and preserve catholic education by ensuring registration of roman. The constitution act, 1982 contains the canadian charter of rights and freedoms and other provisions, including the procedure for amending the constitution. That act and class 1 were repealed by the constitution act, 1982. The criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters.
The constitution act, 1982 is a landmark document in canadian history. In 1982, the queen and the right honourable pierre trudeau, prime minister, signed the constitution act, 1982, which includes the british north america act and the canadian charter of rights and freedoms the constitution act is difficult to change. This consolidation contains the text of the constitution act, 1867 formerly the british north america act, 1867, together with amendments made to it since its enactment, and the text of the constitution act, 1982, as amended since its enactment. Canada act, also called constitution act of 1982, canadas constitution approved by the british parliament on march 25, 1982, and proclaimed by queen elizabeth ii on april 17, 1982, making canada wholly independent. Section 9127 of the constitution act, 1867 wikipedia. The current canadian constitution was written in 1867, and has been repeatedly amended since then. In 1990 canada entered the most serious crisis of its 123year history. The amendment from time to time of the constitution of canada, except as regards matters. The amendment from time to time of the constitution of canada, except as regards matters coming within. The canadian charter of rights and freedoms forms the first thirtyfive sections counting section 16. Many canadians are unaware of the intricacies and overall structure of their own constitution. Canadian charter of rights and freedoms our country, our. His book, the constitution of canada, is still well known to students of the canadian constitution.
The canadian constitution can only be amended with the approval of the provincial governments. Canadian charter of rights and freedoms pdf version. April 17, 1982 was the day the canadian charter of rights and freedoms came into e. The canadian constitution makes canadas constitution readily accessible to readers for the first time. Continuance of existing election laws until parliament of canada otherwise provides. This content is not legal advice and should not be taken as legal interpretation of the provisions of the charter. Prior to the charter, various statutes protected an assortment of civil rights and obligations but nothing was enshrined in the constitution until 1982. Risk published a brilliant article on kennedy, appropriately entitled the many minds of w. Constitution act, 1867 consolidated formerly known as the british north america act, 1867 consolidated u. The base document included in the canadian constitution. Canadas constitution of 1867 with amendments through 2011. It also enshrined the charter of rights and freedoms in canadas constitution, the highest law of the land.
The crisis took most canadians completely by surprise. What is the importance of the constitution act of canada. The canadian constitution about canadas system of justice. The constitution act, 1982 contains the canadian charter of rights and freedoms and other provisions, including the procedure for amending the constitution of canada. The document contains the original statute that established the canadian confederation in 1867 the british north america act, the. Guide to the canadian charter of rights and freedoms. Constitution act, 1982, being schedule b to the canada act 1982 uk, 1982, c 11. The signing of the proclamation on april 17, 1982, marked the end of efforts by many successive governments. The current constitution of canada was enacted in 1982 by the british imperial. Download or order the canadian charter of rights and. The meech lake accord a bundle ofconstitutional amendments that attracted little impassioned supportand that even the accords most. The constitution was patriated from the united kingdom in 1982. Section 9127 of the constitution act, 1867, also known as the criminal law power, grants the parliament of canada the authority to legislate on.
The british north america act, 1867, codified many constitutional rules for canada, but major changes to the constitution could only be made by the united kingdom parliament. These documents set out sections 91, 92, 92a, and 121 of the canadian constitution. The canada act 1982 there are two major components to the canada act 1982. The new constitution was accompanied by the canadian charter of rights and freedoms, and an amending formula that would no longer require an appeal to the british parliament. The constitution act 1982 this was new and contained several important components. The canadian charter of rights and freedoms forms the first part of the constitution act, 1982.
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