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If a limit to the right or freedom is set out in the law, the government will have an opportunity to show that the limit is reasonable under section 1 of the Charter. If the court is not convinced by the government’s argument, then it can grant a remedy that is just and appropriate in the circumstances.
Parliament can make laws for all of Canada, but only about matters the Constitution assigns to it. A provincial or territorial legislature can only make laws about matters within the province's borders.
- 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).
- Powers of the Parliament of Canada. The powers of Parliament, enumerated in ss. 91 and 92 (10) of the Constitution Acts, 1867 to 1982, concern matters of national interest (see also notes).
- Exclusive Powers of Provincial Legislatures. The exclusive powers of Provincial legislatures, enumerated in ss. 92, 92(A) and 93 of the Constitution Acts, 1867 to 1982, concern matters of a local nature (also see notes).
- Concurrent/Shared Powers. Concurrent powers are specified in ss. 94A and s. 95 of the Constitution Acts, 1867 to 1982 (also see notes): Old age pensions (see note 51)
- Residuary Power. 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".
The division of powers between the federal and provincial governments is set out in the Constitution Act, 1867, in section 91. The federal legislative power consists of two chambers: the Senate, made up of senators appointed by the government, and; the House of Commons, made up of Members of Parliament elected by the Canadian population.
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.”
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Jun 1, 2006 · There is no limit on how many times a legislature may re-invoke the Notwithstanding clause to protect a particular law or action. This term limit has significance within the context of Canada’s electoral system. Under Canada’s Constitution, general elections (federally, provincially, and territorially) must be held at least every five years.
