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The Constitution Acts, 1867 to 1982, s. 91, confer on the Federal Parliament the power " to make Laws for the Peace, Order and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces".
Most individual protections that limit the government derive from the Bill of Rights or the Constitution’s first ten amendments. The 1st Amendment includes freedom of speech and religion and the right to assembly and protests.
- Guarantee of rights and freedoms – section 1 1. 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.
- Fundamental freedoms – section 2 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;
- Democratic rights – sections 3 to 5. Democratic rights of citizens – section 3. Maximum duration of legislative bodies – section 4. Annual sitting of legislative bodies – section 5.
- Mobility rights – section 6. Mobility of citizens 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada. Rights to move and gain livelihood.
- Written Constitution. The written Constitution is Canada’s supreme law. It overrides any laws that are inconsistent with it. The Constitution of Canada includes the British North America Act, 1867; the Statute of Westminster, 1931 (to the extent that it applies to Canada); the Constitution Act, 1982; any amendments to these acts; and the acts and orders that brought new provinces and territories into the Canadian federation.
- Constitution Act, 1867. The British North America Act (now called the Constitution Act, 1867) merged three British colonies — the Province of Canada (present-day Ontario and Quebec), Nova Scotia and New Brunswick — into a new federation called Canada, with its capital in Ottawa.
- Parliament and the Legislatures. The federal Parliament is composed of the monarch and two houses: the Senate and the House of Commons. There are now 105 members of the Senate: 24 each for Ontario, Quebec, and the Maritimes (10 for Nova Scotia, 10 for New Brunswick, 4 for Prince Edward Island); 24 for the West (six each for British Columbia, Alberta, Saskatchewan, Manitoba); six for Newfoundland and Labrador; and one each for Yukon, the Northwest Territories and Nunavut.
- Other Constitutional Statutes. Also part of the written Constitution are the acts and orders that admit new provinces and territories. These include: the Manitoba Act, 1870; the Rupert’s Land and North-Western Territory Order (1870); the British Columbia Terms of Union (1871); the Prince Edward Island Terms of Union (1873); the Adjacent Territories Order (1880); the Canada (Ontario Boundary) Act, 1889; the Alberta Act (1905); the Saskatchewan Act (1905); the Newfoundland Act (1949); and the Constitution Act, 1999 (Nunavut).
Feb 7, 2006 · Section 91 of the Constitution Act, 1867 grants broad powers to the federal government. Its legislative goal is to ensure the “ Peace, Order and good Government of Canada, in relation to all Matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces.”
The Constitution of Canada includes the Constitution Act, 1867, and the Constitution Act, 1982. It is the supreme law of Canada. It reaffirms Canada's dual legal system and also includes Aboriginal rights and treaty rights. What does our Constitution say?
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Oct 16, 2019 · The distribution of legislative powers among the various levels of government is a key feature of federalism. To guide this distribution, the Constitution Act, 1867 divides legislative powers between the Parliament of Canada and the provincial legislatures.
