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The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
Canada's constitution has roots going back to the thirteenth century, including England's Magna Carta and the first English Parliament of 1275. [19] Canada's constitution is composed of several individual statutes. There are three general methods by which a statute becomes entrenched in the Constitution:
Official Languages Act (1969) Victoria Charter (1971) Report of the Gendron Commission of Inquiry on the Situation of the French Language and Linguistic Rights in Quebec (1972) Charter of the French Language (1977) Report of The Pépin Robarts Commission - Task Force on Canadian Unity (1978) Sovereignty-Association Act (1980) Canada Act 1982 (1982)
Such elements are almost always written down somewhere (perhaps across multiple documents and/or publications), however written in documents that are not enforceable in law. Approximate dates have been listed below based on fundamental founding documents on governance of the respective countries. Constitution of Canada (1867, 1982)
Canada Act 1982; Canadian Charter of Rights and Freedoms; Canadian constitutional law; Charlottetown Accord; Citizens' Forum on Canada's Future; Clergy Reserves in Canada Act 1840; Colonial Laws Validity Act 1865; Constitution Act, 1867; Constitution Act, 1871; Constitution Act, 1886; Constitution Act, 1982; Constitutional Act 1791 ...
The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. [6] The Constitution Act, 1867 (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. [7]
The Court held that the rule of law is also supported by the Preamble to the Constitution Act, 1867, by means of the statement that Canada is to have a constitution "similar in principle" to that of the United Kingdom. The Court concluded that the rule of law is one of the foundational principles of the British constitution, and therefore the ...
In Lower Canada, the coexistence of French civil law and English criminal law continued. Although it solved the immediate problems related to the settlement of the Loyalists in Canada, the new constitution brought a whole new set of political problems which were rooted in the constitution.