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Topic: Canadian constitution


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In the News (Sat 1 Nov 14)

  
  Constitution of Canada - Wikipedia, the free encyclopedia
The composition of the Constitution of Canada is defined in section 52(2) of the Constitution Act, 1982 as consisting of the Canada Act (including the Constitution Act, 1982), all acts and orders referred to in the schedule (including the Constitution Act, 1867), and any amendments to these documents.
The proclamation was considered as the de facto constitution of Quebec until 1774 when the British government passed the Quebec Act of 1774 which set out many procedures of governance in the area of Quebec.
Further, Part I of this Act is the Canadian Charter of Rights and Freedoms which outlines the civil rights and liberties of every citizen in Canada, such as freedom of speech, of religion, of mobility, etc. Part II deals with the rights of Canada's Aboriginal peoples.
en.wikipedia.org /wiki/Constitution_of_Canada   (1274 words)

  
 Section Thirty-three of the Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia
Section Thirty-three of the Canadian Charter of Rights and Freedoms (known as "la Charte canadienne des droits et libert├ęs" in French) is part of the Constitution of Canada.
At the end of a conference on the constitution that was poised to end in deadlock Jean Chr├ętien, the federal justice minister, as well as Roy McMurtry and Roy Romanow, both provincial ministers, met in a kitchen in the National Conference Centre in Ottawa and sowed the seeds for a deal.
Under present interpretation of the "due process" clause of the 14th Amendment to the United States Constitution, most of the restrictions of the U.S. Bill of Rights also apply to the states; before the passage of the 14th Amendment, states could pass laws which abridged rights that the federal Congress was not allowed to pass.
en.wikipedia.org /wiki/Notwithstanding_clause   (1245 words)

  
 "The Canadian Constitution, A History Lesson."
We, in Canada, are blessed with a constitution which is fully traceable to the constitution of England, rooted deep, as it is, in English common law, a subject with which I deal elsewhere.
The English constitution was formed by the common law and it continues to move with it; and, the common law was allowed to grow and flourish, because of the English constitution.
The English constitution is without a measurable depth and breadth; it is, by its nature, undefinable; it is has never been written down in one spot, nor could it be.
www.blupete.com /Literature/Essays/BluePete/ConstitutionHistory.htm   (3230 words)

  
 Canada Act 1982 - Wikipedia, the free encyclopedia
This delay in repatriating the Canadian constitution was due in large part to the lack of agreement over a mechanism for amending the constitution that would be acceptable to all of the provinces, particularly Quebec.
Whilst the Canada Act 1982 received the Royal Assent on March 29, 1982 in London, it was not until the Queen came to Canada that the Constitution Act, 1982, its Canadian equivalent, was proclaimed by Letters patent as a statutory instrument by the Queen on her visit to Canada.
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.
www.wikipedia.org /wiki/Canadian_Constitution_Act   (899 words)

  
 Thomson Nelson - Political Science -Canadian Politics on the Web/The Constitution of Canada
Constitution Act, 1985 (Representation) permitted future changes to the distribution of seats for Parliament to be done by ordinary statute.
Constitution Amendment, 1997 (Quebec) permitted the province to replace the denominational school boards with ones organized on linguistic lines.
Constitution Amendment 2001 (Newfoundland and Labrador) officially changed the name of the Province of Newfoundland to the Province of Newfoundland and Labrador.
polisci.nelson.com /constitution.html   (1179 words)

  
 uni.ca - Constitution Act 1982   (Site not responding. Last check: 2007-10-21)
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: Guarantee of Rights and Freedoms 1.
A constitutional conference of the Prime Minister of Canada and the first ministers 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.
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.
www.uni.ca /charter.html   (2265 words)

  
 - Research Note - Canada's Constitution prior to 1982
The express provisions of the Constitution are not, as the Chief Justice contends, 'elaborations of the underlying, unwritten, and organizing principles found in the preamble to the Constitution Act, 1867 (para 107).
Whereas, in constitutional law, conflicts between the Constitution and an ordinary statute render the ordinary statute void to the extent of the inconsistency, such is not the case where two ordinary statutes conflict with each other.
Since the Canadian Bill of Rights is not a constitutional statute in the sense that it renders the conflicting statute void and of no effect, the significance of the statement that the court shall not apply the conflicting statute affects the doctrine of implied repeal.
www.constitutional-law.net /chartersample.html   (2097 words)

  
 CANADIAN CONSTITUTION
The Canadian Constitution is a quilt, that has been put together piece by piece, with some pieces more elaborate than others (somewhat like the federal tax laws!).
So, the Canadian Constitution has, (a) a written section to reconcile with the laws relating to federalism; (b) an unwritten section to accommodate whatever was passed or understood prior to confederation.
The idea of responsible government is found in Canada's constitutional development because it is the keystone of Canadian constitutional conventions (the unwritten principles which underlie the Constitution).
www.shannonthunderbird.com /canadian_constitution.htm   (2965 words)

  
 Canadian Constitutional Documents   (Site not responding. Last check: 2007-10-21)
Set conditions that the Canadian government was to allow Hudson's Bay Company to trade without hinderance, and to pay them compensation, plus allow the Company the right to claim blocks of land of specific sizes for their own use under certain conditions and in certain areas.
Constitution Act 1867, which excludes Quebec from the section relating to the organization of schools in the province (section 93).
Amends the Constitution Act, 1867, to raise the number of senators to 105 from 104, to allow Nunavut to be represented by one Senator.
www.solon.org /Constitutions/Canada/English   (2858 words)

  
 Enhancing Environmental Protection In The Canadian Constitution
West Coast Environmental Law Association applauds the federal government's proposed constitutional commitment to protection of the environment, and the Minister of Constitutional Affairs' statement that the government's intention is not to weaken the federal role in protecting the environment.
Yet, astonishingly, nowhere in the government's constitutional proposals except in the passage cited above are the economy and the environment even discussed in the same context, despite the fact that the economy and economic prosperity are raised on numerous occasions throughout the document.
The government's Constitutional Proposals describe the important role played by the federal government regarding inter-jurisdictional environmental problems such as acid rain pollution.78 And in the context of interprovincial mobility the government notes the importance of the federal government having clear constitutional authority.79 Exactly the same problem arises regarding interprovincial environmental degradation.
www.wcel.org /wcelpub/5173.html   (10794 words)

  
 shared   (Site not responding. Last check: 2007-10-21)
The Canadian political system embodies the four following characteristics: i) it is a constitutional monarchy; ii) it is a federal system; iii) it is a parliamentary system on the British model; iv) and it is a representative democracy.
Although the Constitution does not mention labour relations specifically, the courts have placed that subject under provincial jurisdiction, except for certain industries that are under federal jurisdiction, such as navigation and shipping industries.
As the final interpreter of the Constitution, its decisions may influence the direction of federalism, in terms of the division of powers, or may question the constitutionality of government policies, in terms of human rights and fundamental freedoms.
www.sen.parl.gc.ca /lpearson/htmfiles/hill/20_htm_files/v20_jurisdiction.htm   (2317 words)

  
 Thesis on Canadian Constitution
The constitution is the basic system of laws of a country, which defines and limits the powers of the ruling body.
The Canadian constitution is a written document, which states the rules that construe and interpret the powers of federal and provincial governments, and authenticate the responsibilities and rights of the Canadian citizens.
The constitution is a powerful document that should never be taken forgranted as it is there to protect the people.
www.emailessay.com /paper/Canadian_Constitution-119647.html   (192 words)

  
 Canadian Constitution   (Site not responding. Last check: 2007-10-21)
It is the nature of Constitution to formally present the ideal type of a society.
Distribution of power in the state is unlikely to spring from the constitution itself, but from a deeper social balance of which the law and constitutional law are part.
The authority of the constitution, as a higher form of law, can be traced to the special place which the legal profession came to occupy in these societies and to the central part it took in the early development of constitutional government."
publish.uwo.ca /~jnewman/canadian_constitution.htm   (1682 words)

  
 The Constitution Act, 1982   (Site not responding. Last check: 2007-10-21)
PART VI (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.
Constitution Act 1867, which was repealed as set out in subitem 1(3) of the Schedule to this Act.
Constitution Act, 1867, and the references to the Manitoba Act, 1870, in the footnote thereto.
www.solon.org /Constitutions/Canada/English/ca_1982.html   (4935 words)

  
 Justice and the Law   (Site not responding. Last check: 2007-10-21)
Its mission is to engage Canadians in the renewal of the law to ensure that it is relevant, responsive, effective, and equally accessible to all.
PSEPC is dedicated to protecting the safety of Canadians – from risks to personal safety from crime or naturally occurring events such as severe blizzards, floods or forest fires, to threats to national security from terrorist activity.
The Canadian Bar Association (CBA) is a professional, voluntary organization which was formed in 1896, and incorporated by a special act of Parliament on April 15, 1921.
canada.justice.gc.ca /en/jus/index.html   (1815 words)

  
 CNEWS - Canadiana: Constitution Acts
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.
The Constitution Act, 1982, was enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c.
A consolidation of the Constitution Acts with only such subsequent enactments as directly alter the text of the Act would therefore not produce a true statement of the law.
www.canoe.ca /Canadiana/constitution.html   (983 words)

  
 The Statute of Westminster (1931) - Studies on the Canadian Constitution and Canadian Federalism - Quebec History
The next sixty years were to see a gradual take-over by the federal government of the responsibilities in external sovereignty that had remained, to this point, in the hands of the government and Parliament of Great Britain.
55-57 of the Constitution Act, 1867, and the establishment of the Department of External Affairs (1909).
Until 1982, all attempts to patriate the constitution were unsuccessful so that Canada continued to seek amendments in London and an element of colonial status remained in force (one might also add that appeals to the Judicial Committee of the Privy Council existed until abolished in 1949).
www2.marianopolis.edu /quebechistory/federal/1931.htm   (687 words)

  
 Constitutional Act, 1867
The Part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec.
The Constitution of the Executive Authority in each of the Provinces of Nova Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until altered under the Authority of this Act.
The Constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until altered under the Authority of this Act.
laws.justice.gc.ca /en/const/c1867_e.html   (3376 words)

  
 Constitutional Keywords – Notwithstanding Clause   (Site not responding. Last check: 2007-10-21)
Confronted by wide differences between the opponents and the supporters of an entrenchment of rights in the constitution, the parties comprised on an entrenched Charter, subject to a ‘notwithstanding clause’, which would then allow legislatures to deviate from the rule of rights protection.
Others believe that the ‘notwithstanding clause’ should be viewed not as compromising the supremacy of the constitution, but as compromising the supremacy of the judiciary.
The ‘notwithstanding clause’ makes it possible for the legislature to assert its own understanding of the constitutional values in the case of a disagreement between the courts and the legislature about the interpretation and application of these values.
www.law.ualberta.ca /ccskeywords/notwithstanding.html   (704 words)

  
 Studies on the Canadian Constitution and Canadian Federalism - Quebec History
Canadian Federalism, the Tax Rental Agreements of the period of 1941-1962 and Fiscal Federalism from 1962 to 1977
The Constitutional Act, 1867, the Confederation Debates and Provincial Autonomy
The Judicial Committee of the Privy Council and the Canadian Constitution
www2.marianopolis.edu /quebechistory/federal   (142 words)

  
 SFU Library - The Canadian Constitution
Canadian Government Information is a selective collection of links to Canadian government sites and key federal documents maintained by the National Library of Canada.
This is the Canadian section from a W A C Bennett Library guide to Government Resources (http://www.lib.sfu.ca/researchhelp/subjectguides/general/govtres.htm) which is the work of Cindy Swoveland.
Maple Leaf Web is a non-profit, non-partisan Canadian political education web-site that aims to provide educators, students and the attentive public with a credible source for political education and information.
www.lib.sfu.ca /researchhelp/subjectguides/pol/classes/poli042324.htm   (3318 words)

  
 Fathers of Confederation - Studies on the Canadian Constitution and Canadian Federalism - Quebec History
Title given to the parliamentarians of the United Province of Canada (Quebec and Ontario), Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland that attended at least one of the three constitutional conferences held to hammer out the federal constitution of 1867.
It is of interest to note that some of the Fathers of Confederation were actually opposed to the plan of Union, and fought the project bitterly at the conferences and before public opinion.
The image that Canadians have of the Fathers of Confederation is derived from the famous painting of the scene of the Quebec conference that Robert Harris was commissioned to paint in 1883.
www2.marianopolis.edu /quebechistory/federal/fathers.htm   (515 words)

  
 Constitutional Act, 1982
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:
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.
A reference to the "Constitution Acts, 1867 to 1982" shall be deemed to include a reference to the "Constitution Amendment Proclamation, 1983".
laws.justice.gc.ca /en/const/annex_e.html   (3659 words)

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