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On June 10, 1791, the Constitutional Act was enacted in London and gave Canada its first parliamentary constitution. Containing 50 articles, the act brought the following changes: The Province of Quebec was divided into two distinct provinces, Province of Lower Canada (present-day Quebec) and Province of Upper Canada (present-day Ontario).
The Constitution Act, 1867 provides for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom, recognizes Canada as a constitutional monarchy and federal state, and outlines the legal foundations of Canadian federalism. [5] The Constitution of Canada includes written and unwritten components. [4]
Canada is a constitutional monarchy, wherein the role of the reigning sovereign is both legal and practical, but not political. [55] The monarch is vested with all powers of state [56] and sits at the centre of a construct in which the power of the whole is shared by multiple institutions of government acting under the sovereign's authority.
He succeeded in 1982 with the passage of the Canada Act 1982 in the British Parliament, which enacted the Constitution Act, 1982 as part of the Constitution of Canada. Prime Minister Pierre Trudeau was a major advocate of the Charter. The inclusion of a charter of rights in the patriation process was a much-debated issue.
Canadian constitutional law (French: droit constitutionnel du Canada) is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada , both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
The Constitutional debate of Canada is an ongoing debate covering various political issues regarding the fundamental law of the country. The debate can be traced back to the Royal Proclamation, issued on October 7, 1763, following the signing of the Treaty of Paris (1763) wherein France ceded most of New France to Great Britain in favour of keeping Guadeloupe.
The division of powers is set out in the Constitution Act, 1867 (originally called the British North America Act, 1867), a key document in the Constitution of Canada. Some amendments to the division of powers have been made in the past century and a half, but the 1867 act still sets out the basic framework of the federal and provincial ...
Constitutional Act of 1791 (June 10, 1791) Ninety-Two Resolutions (February 21, 1834) Report of the Royal Commission for the Investigation of all Grievances Affecting His Majesty's Subjects of Lower Canada (1837) Lord John Russell's Ten Resolutions (March 6, 1837) Declaration of Independence of Lower Canada (February 22, 1838)