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What laws must be consistent with the rules in the Constitution?
What is a constitutional convention & Constitutional Law?
Is the Constitution a valid law in Canada?
What if a law is inconsistent with the Constitution of Canada?
What is constitutional law?
What does the constitution say about the judicial branch?
The Constitution is the supreme law of Canada; all other laws must be consistent with the rules set out in it. If they are not, they may not be valid. Since the Charter is part of the Constitution, it is the most important law we have in Canada.
In general, all other laws must be consistent with the rules in the Constitution. The Charter is a section of the Canadian constitution. The Charter contains the rights and freedoms that Canadians believe are essential in a free and democratic country.
(iv) Other than legislation and regulations, what “law” must be consistent with the Charter? The broad language of subsection 52(1) dictates that all law, including the common law, must be consistent with the Charter (RWDSU v. Dolphin Delivery Ltd., [1986] 2 S.C.R. 573 at paragraph 25).
- 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 · The primary sources of Canadian constitutional law are legislative rules—in the form of documents and statutes created over time: the Constitution Acts of 1867 and 1982 (see Patriation of the Constitution), and other documents that make up the Constitution of Canada.
Jul 15, 2021 · The Charter of Rights and Freedoms is an important part of Canada’s Constitution. Among other things, constitutions outline the rules and laws of a country. They also outline the kind of government a country has and how it should work. A right is something a person has. It is also something a person can do.
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?
