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Topic: Canadian Constitution Act

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In the News (Sun 21 Apr 19)

  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 Act, 1999 (Nunavut) provides for representation in the House of Commons and the Senate for the Nunavut Territory.
www.nelson.com /nelson/polisci/constitution.html   (1185 words)

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

 Canadian Parliament - MSN Encarta
The prime minister and cabinet ministers together constitute the executive branch, but are also in the legislature as members of Parliament.
For example, the Constitution Act of 1867 grants great power to the governor-general as the British sovereign’s representative, but because the governor-general is appointed and not elected, constitutional conventions have made the governor-general’s role largely symbolic.
One of the main tenets of the Canadian constitution is responsible government, or holding the government accountable to the people of Canada.
encarta.msn.com /encyclopedia_761553359/Canadian_Parliament.html   (908 words)

 Canada in the Making - Specific Events & Topics
The Canadian Constitution is not just made up of written documents: it is also shaped by many conventions that have evolved over the years.
A constitution is generally defined as a set of rules that establish both the structure and the fundamental principles of the government in a nation or other territory.
The Constitution Act, 1867 (previously the British North America Act, 1867), and its amendments.
www.canadiana.org /citm/specifique/written_e.html   (512 words)

 Canada Act 1982 - Wikipedia, the free encyclopedia
Acts of Parliament of the Kingdom of England to 1659
Acts of Parliament of the Kingdom of England to 1699
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.
en.wikipedia.org /wiki/Canada_Act_1982   (723 words)

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   (2955 words)

 Embassy Washington
The Constitution was patriated on April 17, 1982, without the consent of the Quebec legislature, but the Supreme Court of Canada subsequently ruled that the patriation process had respected Canada's laws and conventions, and that the Constitution, including the Constitution Act, 1982, was in force throughout Canada.
The Canadian Charter of Rights and Freedoms guarantees some of the same rights, called "fundamental freedoms," that are protected in the U.S. Bill of Rights: freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of the press; freedom of peaceful assembly; and freedom of association.
Inclusion of the Charter in the Constitution marked a departure from the principle of parliamentary supremacy and an expansion of the role of the courts as federal and provincial laws must now conform to the Charter as well as to the division of powers.
www.canadianembassy.org /government/constitution-en.asp   (1559 words)

 Embassy Washington
The principles of the Official Languages Act, as well as certain education rights for linguistic minorities based on the language in which parents had been educated in Canada, were entrenched in the Constitution with the adoption of the Canadian Charter of Rights and Freedoms in 1982.
To accommodate the growing number of Canadians for whom neither English nor French is their mother tongue, the federal government in 1972 appointed the first minister responsible for multiculturalism, and it has since provided funding for multicultural activities.
Under the Constitution Act, 1867, English may be used in the Quebec National Assembly and in court cases, and all provincial acts and regulations are published in both English and French.
www.canadianembassy.org /government/quebec-en.asp   (1553 words)

 The Constitution Act, 1982
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.
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.
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)

 "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 has never been written down in one spot, nor could it be.
www.blupete.com /Literature/Essays/BluePete/ConstitutionHistory.htm   (3240 words)

 [No title]
Differences between the U.S. and Canadian Federal Systems The Canadians learned from the Civil War in the United States that one source of disagreement and tension between the national and state governments had been the U.S. constitution's failure to specify what the "Reserved Powers" of the states actually were.
To be ratified the Constitution had to be ratified by the Legislative Assemblies (=provincial parliaments) of at least seven of the ten Provinces comprising no less than 50 percent of Canada's population by the year 1992.
With the repatriation of the Canadian constitution in 1982 Canadians sought to amend the document in order to address the needs not only of the French-speaking Canadians but also of the citizens of the Western provinces added since Confederation and also to address the needs of the native peoples of Canada..
www.isu.edu /~andesean/comsek5.txt   (6881 words)

 Indigenous Rights in the Constitutions of Countries in the Americas
Therefore, we believe that it is appropriate that the Constitutional reform process and the revision of the Amerindian Act should be related and that recognition of Amerindian rights in both documents must be based on international human rights standards concerning the rights of Indigenous peoples.
Although the 1991 Constitutional revision was not based entirely on ILO 169, which was enacted through legislation (Law 21 of 4 March 1991), many of its principles are incorporated in the new Constitution.
First, it should be borne in mind that as in most other countries, the Constitution Act is the highest law of Canada and, therefore, any law that conflicts with the Constitution, at least to the extent that it is inconsistent with it is invalid (Constitution Act, Section 52(1)).
www.sdnp.org.gy /apa/topic4.htm   (4353 words)

 The Constitution Act, 1867 - Studies on the Canadian Constitution and Canadian Federalism - Quebec History
The Constitution Act, 1867 is a British statute passed in 1867 for two purposes: to divide the United Province of Canada into two provinces - Quebec and Ontario - and to unite four of the British North American colonies into a federal system.
As such, it was the first time in their history that Canadians were given a predominant voice in constitution making.
The name Constitutional Act is also given to a series of amendments to the original document.
www2.marianopolis.edu /quebechistory/federal/bna-act.htm   (181 words)

 Constitution Act, 1982*
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms sest out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Canadians have enjoyed many of these basic rights and freedoms as a matter of practice for many years.
As Canadians, we are guaranteed the right to worship, or not, as we wish, in the place of worship of our choice.
www.walnet.org /csis/reports/constitution.html   (684 words)

 Afghan Bombing Kills 4 Canadian Troops | The Agonist
His stance doesn't particularly resonate with the majority of Canadians, and as the inevitable body-bag count rises,and more "friendly fire" incidents are reported, sentiment will swing decidedly against his government's posture, count on it.
The Canadian public took it then, and they'll take it now - so long as they have that vague notion that we might be doing good and the death toll stays in the dribs and drabs (i.e., nothing like the BLT in Beirut).
Under the Canadian Constitution (Constitution Act, 1867, sections 15 and 19), command of the armed forces – like other traditional executive powers – is vested in the Queen and exercised in her name by the federal Cabinet acting under the leadership of the Prime Minister.
agonist.org /20060422/afghan_bombing_kills_4_canadian_troops   (1916 words)

 Multiculturalism - Canadian Multiculturalism Act
AND WHEREAS the Constitution of Canada recognizes the importance of preserving and enhancing the multicultural heritage of Canadians;
AND WHEREAS the Constitution of Canada and the Official Languages Act provide that English and French are the official languages of Canada and neither abrogates nor derogates from any rights or privileges acquired or enjoyed with respect to any other language;
The operation of this Act and any report made pursuant to section 8 shall be reviewed on a permanent basis by such committee of the House, of the Senate or of both Houses of Parliament as may be designated or established for the purpose.
www.canadianheritage.gc.ca /progs/multi/policy/act_e.cfm   (1367 words)

 Cow Creek/Umpqua Tribe: Canadian Treaties   (Site not responding. Last check: 2007-10-12)
Turning attention to the Constitution in Canada, Section 35 (2) of the Canadian Constitution Act, 1982 states: "In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit, and Metis peoples of Canada" (A Consolidation of the Constitution Acts, 1867 to 1982, 2001, p.
Hawkes (1989) presents specific chapters on the Inuit and the Metis Section 3 5 (1) of the Canadian Constitution Act, 1982 declares that: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed" (A Consolidation of the Constitution Acts, 1867 to 1982, 200 1, p.
Section 35 (3) of the Constitution Act, 1982, as amended, states: "For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired" (A Consolidation of the Constitution Acts, 1867 to 1982, 2001, p.
www.cowcreek.com /govt/gr12_canadiantreaties.html   (3084 words)

 Thomson Nelson - Political Science -Canadian Politics on the Web/The Constitution of Canada
Constitution Amendment 2001 (Newfoundland and Labrador) officially changed the name of the Province of Newfoundland to the Province of Newfoundland and Labrador.
The federal government enacted legislation in 1996 that effectively places a new amending process on top of the "7 & 50" formula of s.38 of the Constitution Act, 1982, with a statutory requirement that the federal government can only introduce constitutional amendments that have broad regional support.
These limitations were put into law as the Clarity Act, enacted in 2000.
polisci.nelson.com /constitution.html   (1179 words)

 Virtual Law Office: Constitution Act, 1982
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.
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.
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.
www.bloorstreet.com /200block/sconst82.htm   (4682 words)

 Canadian Constitutional Documents
There are other documents that relate to Canada's development as a country, but they do not hold the force of law as each act was superseded by the other until the passing and proclamation of the Constitution Act, 1867.
Below you will find a list of some of these constitutional documents as well as a comprehensive table culled from Appendix II of the Revised Statutes of Canada, 1985, and updated to include the most recent constitutional enactments.
The last act to amend the Canadian constitution to be enacted by the United Kingdom Parliament.
www.efc.ca /pages/law/cons/Constitutions/Canada/English/cons.html   (1216 words)

 Jurisprudence - CCPR - Canada - Waldman v. Canada
They argued that the Education Act, by requiring attendance at school, discriminated against those whose conscience or beliefs prevented them from sending their children to either the publicly funded secular or publicly funded Roman Catholic schools, because of the high costs associated with their children's religious education.
The author refers to the constitutional changes in respect of the education system in Newfoundland and states that it is indicative of the fact that constitutional change in relation to denominational schools is possible even over the objections of those with vested interests.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it disclose a violation of article 26 of the Covenant.
www.bayefsky.com /html/162_canada694vws.php   (6993 words)

 Panel on Import of Alcoholic Drinks (L/6304 - 35S/37) /A
Most Canadian provinces have had a longstanding policy of differential mark-ups for provincial and imported alcoholic beverages, the mark-ups applied by the provincial liquor boards being frequently, but in degrees which vary from province to province and with respect to the type of alcoholic drink, higher than those applied to domestic products.
The European Communities considered that it was within the competence of the Federal Government of Canada, acting in accordance with the relevant provisions of the Canadian constitution, to remove the inconsistency of provincial and federal measures affecting the importation of alcoholic beverages with Canada's GATT commitments.
The fact that discriminatory import mark-ups were applied in addition to the bound duty rates, constituted prima facie evidence of the operation of levels of protection which corresponded to the differential in the mark-ups and thus was contrary to the provisions of Article II:4.
www.sice.oas.org /dispute/gatt/85liquor.asp   (4976 words)

 The Canadian Constitution Act ~ Story and painting by Mona Youssef
I was privileged to be selected among other artists, to produce an oil painting of “The Canadian Constitution Acts”.
I was flown to Ottawa the day before the Queen’s arrival to the Parliament Hill and had an official permission in order to take photographs while the stage had been prepared in front of the Parliament.
Content is contributed by various Canadians and does not necessarily reflect the views of canadianculture.com.
www.canadianculture.com /constitution-act   (1346 words)

 Inter.Canada: Canadian Constitution -- Saskatchewan Act / Alberta Act -- 1905 // minority language rights / droits ...
had been one of the provinces originally united, except in so far as varied by this Act and except such provisions as are in terms made, or by reasonable intendment may be held to be, specially applicable to or only to affect one or more and not the whole of the said provinces.
Until the said Legislature otherwise determines, all the provisions of the law with regard to the constitution of the Legislative Assembly of the North-west Territories and the election of members thereof shall apply, mutatis mutandis, to the Legislative Assembly of the said province and the election of members thereof respectively.
The selection of such arbitrators shall not be made until the Legislatures of the provinces have met, and the arbitrator chosen by Canada shall not be a resident of either province.
www3.sympatico.ca /rd.fournier/inter.canada/doc/sa-1905e.htm   (1213 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,
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.
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)

 Aboriginal peoples in Canada - Wikipedia, the free encyclopedia
Aboriginal peoples in Canada are Indigenous Peoples recognized in the Canadian Constitution Act, 1982, sections 25 and 35, respectively, as Indians (First Nations), Métis, and Inuit.
As of the 2001 Canadian Census there are over 900,000 Aboriginal people in Canada, 3.3% of the country's total popuation.
However, the Canadian Oxford Dictionary, Official Dictionary of the Canadian Press (ISBN 0-19-541816-6), instructs that the term should not be capitalized when used as an adjective.
en.wikipedia.org /wiki/Native_Canadian   (723 words)

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