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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.
- 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).
Jul 30, 2010 · The right to vote involves the right to “meaningful participation”; it recognizes the intrinsic value of voting regardless of the results of an election. Thus, the right to vote is infringed if laws impede the ability of smaller parties to promote themselves. Limits on Financial Contributions to Political Parties
Oct 19, 2015 · The prime minister’s powers are supported by constitutional convention, rather than specific rules written in laws or in the Constitution. For example, section 56 (1) of the Canada Elections Act states that the Governor General can dissolve Parliament and trigger a federal election. [2]
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? The Constitution sets out the basic principles of democratic government in Canada when it defines the powers of the three branches of government: the executive ; the legislative ; the ...
Parliament or a provincial legislature can limit fundamental rights, but only if it can show that the limit. is set out in a law; pursues an important goal which can be justified in a free and democratic society; and; pursues that goal in a reasonable and proportionate manner.
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What is a constitutional convention & Constitutional Law?
Can the legislature override the right to vote?
Is the right to vote a constitutional right?
Is there a constitutional right to vote in municipal elections?
Does a law enacted by Parliament or a provincial legislature have constitutional powers?
What happens if a limit is set out in the law?
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".
