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Topic: Constitution Act, 1982


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In the News (Mon 27 May 19)

  
  Constitution Act, 1982 - Wikipedia, the free encyclopedia
The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (U.K.)) is a part of the Constitution of Canada.
Other sections of the Constitution Act, 1982 that address aboriginal rights include section 25 of the Charter and section 35.1, which sets expectations for aboriginal participation in the amendment of relevant constitutional provisions.
The purpose of this section was to entrench constitutional supremacy and remove the ability of legislators to amend the constitution using simple legislation.
en.wikipedia.org /wiki/Constitution_Act,_1982   (875 words)

  
 Encyclopedia: Constitution Act, 1982   (Site not responding. Last check: 2007-10-29)
The Constitution Act, 1982 is Schedule B to the Canada Act 1982.
The Canada Act 1982 is an Act of Parliament passed by the British Parliament that severed virtually all remaining constitutional and legislative ties between the United Kingdom and Canada.
The British North America Act of 1867 was the act that established the Dominion of Canada, by the fusion of the North American British colonies of the Province of Canada, Province of New Brunswick, Province of Nova Scotia.
www.nationmaster.com /encyclopedia/Constitution-Act,-1982   (683 words)

  
 Constitutional Act, 1982
(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.
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.
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.
laws.justice.gc.ca /en/const/annex_e.html   (3659 words)

  
 Thomson Nelson - Political Science -Canadian Politics on the Web/The Constitution of Canada
When most people refer to the Constitution, they may be thinking of a subset of the rules that makes up the formal "Constitution of Canada." Section 52(2) of the Constitution Act, 1982 outlines what documents are part of the formal Constitution.
Constitution Act, 1985 (Representation) permitted future changes to the distribution of seats for Parliament to be done by ordinary statute.
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)

  
 Canada Act 1982 -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-29)
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.
Her constitutional powers over Canada were not affected by the Act, which some critics say still gives Britain some political power, however superficial or unused, over the government of Canada.
And Whereas section 58 of the Constitution Act, 1982, set out in Schedule B to the Canada Act, provides that the Constitution Act, 1982 shall, subject to section 59 thereof, come into force on a day to be fixed by proclamation issued under the Great Seal of Canada.
www.absoluteastronomy.com /encyclopedia/c/ca/canada_act_1982.htm   (1023 words)

  
 Constitution Act, 1982
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 of a provision included in section 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.
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.
www.rism.org /isg/dlp/bc/background/constitution82.htm   (3987 words)

  
 The Supreme Court of Canada has held that an analysis of the purposes underlying section 35 of the Constitution Act, ...
Constitution Act, 1982, and of that provision's definition and scope, must be informed by a generous and liberal interpretation.
Constitution Act, 1982 "establishes conclusively that Métis Aboriginal and treaty rights are autonomous rights" and that "the law does not subordinate Métis rights to First Nation or Inuit rights".
To deny people access to their constitutional rights because a community may now only be beginning to put together aspects of its identity and culture is to reward the very practices that the Statement of Reconciliation admit were wrong.
aboriginallegal.ca /docs/powley.htm   (6051 words)

  
 The Constitution Act, 1982   (Site not responding. Last check: 2007-10-29)
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)

  
 Constitution Act, 1982   (Site not responding. Last check: 2007-10-29)
Born out of a desire on the part of the Trudeau government to patriate the Constitution of Canada from the United Kingdom, the Constitution Act, 1982 cam into force on 17 April 1982.
The Act forms a part of the Constitution of Canada and is itself comprised of 7 parts.
Section 33, the "notwithstanding clause," allows the Parliament of Canada and the provincial legislatures the option of declaring that a statute that has been found to be in violation of the Charter shall continue to operate notwithstanding sections 2 to 7 and 15 of the Charter.
thecanadianencyclopedia.com /index.cfm?PgNm=TCE&Params=A1ARTA0020072   (500 words)

  
 Thomson Nelson - Political Science Resource Centre
Constitution Act, 1982 includes the Charter of Rights and Freedoms, which places limits on all levels of government.
Constitution Act, 1985 (Representation) gave the federal Parliament the power to legislate changes to the distribution of seats for the House of Commons without having to amend the Constitution Act, 1867. 
Note that a new Yukon Act was passed in 2000, but has not yet come into force; the legislative powers of the territorial legislature are in s.18 of the new Act.
polisci.nelson.com /federalism.html   (1729 words)

  
 Canada in the Making - Constitutional History
The passing of the Constitution Act, 1982, did not mean an end to the constitutional evolution of Canada.
The vote was in favour of a change in the constitution, and in 1997 the government of Newfoundland gained authority over all schools in the province.
This act excluded Québec from section 93 of the Constitution Act, 1867.
www.canadiana.org /citm/themes/constitution/constitution16_e.html   (678 words)

  
 Constitutional Keywords – Constitution Acts   (Site not responding. Last check: 2007-10-29)
The ‘Constitution Acts’ are a set of statutes enacted by the Imperial Parliament, beginning with the Constitution Act, 1867 ((U.K.), 30 and 31 Vict., c.
Of these, the 1867 and the 1982 Constitution Acts are the most important.
The other eleven statutes alter the legal framework established by the Constitution Act, 1867, either by amending the text of that statute, or conferring new powers or imposing new obligations on the federal government and/or the provinces.
www.law.ualberta.ca /ccskeywords/constitutional_acts.html   (466 words)

  
 POL - 221   Canadian Government 
The Dominion was created by the British North America Act, 1867 (The BNA Act); this law is now referred to as the Constitution Act, 1867.
Constitution Amendment, 1997 (Québec) permitted the province to replace the denominational school boards with ones organized on linguistic lines.
Constitution Act, 1999 (Nunavut) provides for representation in the House of Commons and the Senate for the Nunavut Territory.
www.sfu.ca /~aheard/221/221_class_sched.html   (3505 words)

  
 Constitution
In 1982, under Prime Minister Pierre Trudeau, the Constitution Act was passed.
This act did two main things: it added a Charter of Rights and Freedoms and it made the process of changing the constitution something that Canadians could do on their own.
Saskatchewan Act, 1905 (Formerly The Saskatchewan Act, 1905)
www.kidzone.ws /geography/constitution.htm   (1629 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   (977 words)

  
 The Constitution Act, 1982
The Constitution Act, 1982 was originally enacted as Schedule B to a British statute: the Canada Act 1982 (U.K.), 1982, c.
Subsection 52(1) in Part VII states that: "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" (my emphasis).
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 section 7 to 15 of this Charter.
www.ownlife.com /tax/ca_1982.html   (5430 words)

  
 ipedia.com: Canada Act 1982 Article   (Site not responding. Last check: 2007-10-29)
The Canada Act of 1982 was the last request of the Canadian government to amend the country's constitution.
The Canada Act 1982 was signed into law by Her Majesty Elizabeth II Queen of Canada on a rainy April 17, 1982 on Parliament Hill in Ottawa.
While 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 state visit to Canada.
www.ipedia.com /canada_act_1982.html   (1076 words)

  
 The Constitution Act 1982   (Site not responding. Last check: 2007-10-29)
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 by the Constitution Amendment Proclamation 1983.
A Senator who is summoned to the Senate after the coming into force of this subsection shall, subject to this Act, hold his place in the Senate until he attains the age of seventy-five years.
66.- The Provisions of this Act referring to the Lieutenant Governor in Council shall be construed as referring to the Lieutenant Governor of the Province acting by and with the Advice of the Executive Council thereof.
www.iidh.ed.cr /comunidades/redelectoral/docs/legislacion_constituciones/cp%20canada1.htm   (2821 words)

  
 Virtual Law Office: Constitution Act, 1982
It does seem that the The US Constitution originally emphasized states' rights, but the courts have shaped an over-riding federal jurisdiction; similarly, Canada was intended to be a strong federal state, but crucial early cases acknowledged greater provincial powers.
As it stands, our constitution is something of a hodgepodge of British legislation reflecting the growth of Canada from the original 4 colonies to 10 provinces and two territories, as well as changing social policy in matters such as unemployment insurance and emerging technologies such as radio and aviation.
The Constitution Act, 1982 was the last constitutional enactment for Canada to be made by the Parliament of the United Kingdom.
www.bloorstreet.com /200block/sconst82.htm   (4682 words)

  
 ICL - Canada - Constitution Act 1982
The government of Canada and the provincial governments are committed to the principal 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,
Where an amendment is made under Section 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.
This act may be cited as the Constitution Act, 1982, and the Constitution Acts 1867 to 1975 and this act may be cited together as the Constitution Acts, 1867 to 1982.
www.oefre.unibe.ch /law/icl/ca02000_.html   (3646 words)

  
 The Bill of Rights (from United States Constitution) --  Britannica Student Encyclopedia
The makers of the Constitution had considered it unnecessary to forbid some of the elementary invasions of personal liberty and property rights.
The oldest written national constitution in use, the Constitution defines the principal organs of government and their jurisdictions and the basic rights of citizens.
Moreover, it was, for the first time in history, a constitution that specifically limited the powers that the federal government would be able to exercise over its citizens.
www.britannica.com /ebi/article-209604   (1021 words)

  
 Constitution Act 1982   (Site not responding. Last check: 2007-10-29)
The Constitution Act, 1982, is part of the Constitution of Canada.
It made several changes to the British North America Act, including renaming it the Constitution Act, 1867.
The Constitution Act, 1982, contains the Canadian Charter of Rights and Freedoms.
www.thecanadianencyclopedia.com /PrinterFriendly.cfm?ArticleId=J0020072   (49 words)

  
 CanLII >> Canada >> Constitutional Documents >> The Constitution Act, 1982   (Site not responding. Last check: 2007-10-29)
Citation: The Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c.
An Act to amend and continue the Act 32-33 Victoria chapter 3; and to establish and provide for the Government of the Province of Manitoba, 1870, 33 Vict., c.
Order of Her Majesty in Council admitting all British possessions and Territories in North America and islands adjacent thereto into the Union, dated the 31st day of July, 1880.
www.canlii.org /ca/const_en/const1982.html   (4209 words)

  
 Constitution Act 1982, Government of Canada - Agreements Database Legislation   (Site not responding. Last check: 2007-10-29)
Summary Information: The Constitution Act of 1982 was the first Canadian-made amendment to the Constitution.
The Constitution Act 1982 was signed into law by Her Majesty Elizabeth II Queen of Canada on April 17, 1982 in Ottawa.
The rights of the Aboriginal peoples of Canada are set out in section 35 of the Act.
www.atns.net.au /biogs/A001487b.htm   (159 words)

  
 Constitution Act, 1982*
However, when the legislation is passed by the British Parliament, it will become the Constitution Act, 1982.
This part of the Constitution Act, 1982, sets out a Canadian Charter of Rights and Freedoms that establishes for all Canadians protection of certain basic rights and freedoms essential to maintaining our free and democratic society and a united country.
The value of this clause is that it will ensure that legislatures rather than judges have the final say on important matters of public policy.
www.walnet.org /csis/reports/constitution.html   (684 words)

  
 Constitution Act,1982 - Indian and Northern Affairs Canada   (Site not responding. Last check: 2007-10-29)
Elliott, David W. The Legal Status of Aboriginal and Treaty Rights in Section 35 (1) of the Constitutional Act, 1982.
Hurley, J. "Aboriginal Rights, the Constitution and the Marshall Court." Themis 17 (1983): 403-43.
"The Constitution Act, 1982, Sections 25 and 35." Canadian Native Law Reporter 1, no. 1 (1988): 1-13.
www.ainc-inac.gc.ca /pr/trts/hti/bib/con_e.html   (352 words)

  
 cric.ca - Canada's Portal - Quick Guide   (Site not responding. Last check: 2007-10-29)
The constitutional evolution of Canada now spans over four centuries.
Constitution Act (1867) (Consolidated) (Formerly known as the British North America Act (1867) [Consolidated])
Constitution Amendment Proclamation, 1983, regarding the rights of Aboriginals.
www.cric.ca /en_html/guide/constitution/constitution.html   (199 words)

  
 Internet Resources   (Site not responding. Last check: 2007-10-29)
Constitution Act, 1982 - Canadian Charter of Rights and Freedoms
It will be useful for teachers when clarification is needed on the Charter.
Also included are links to all of the constitutional acts that proceeded it.
www.sasked.gov.sk.ca /pls/urldb/udb_url_pkg.get_resource?a_udb_recommend_url_id=7027   (59 words)

  
 The Constitution Act, 1982
(1) Enacted as Schedule B to the Canada Act, 1982, Statutes of Great Britain (1982), chapter11, proclaimed in Ottawa on April 17, 1982.
(26) Section 54.1 which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), provided for the repeal of repeal of Part IV.1 and section 54.1 on April 18, 1987.
See also section 3 of the Constitution Act, 1985 (Representation), S.C. 1986, c.8, Part I and the Constitution Amendment, 1987 (Newfoundland Act) SI/88-11.
home.cc.umanitoba.ca /~sprague/con82.htm   (4999 words)

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