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The three colonies that joined Canada after Confederation (British Columbia, Prince Edward Island, and Newfoundland and Labrador) had existing UK legislation which described their governmental structure, and this was affirmed in each colony's Terms of Union, which now form part of Canada's Constitution. [32]
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.
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada , including its federal structure , the House of Commons ...
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) Report on the Affairs of British North America (1839) (February, 1839) Act of Union (1840) (February 10 ...
The Constitution Act, 1982 (French: Loi constitutionnelle de 1982) is a part of the Constitution of Canada. [ a ] The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867 , including re-naming it the Constitution Act, 1867 .
The Constitution Act, 1867 is part of the Constitution of Canada and thus part of the supreme law of Canada. [1] [2] The Act sets out the constitutional framework of Canada, including the structure of the federal government and the powers of the federal government and the provinces.
[3] [4] Those conferences were followed by consultations with the British government in 1867. [3] [5] The Act was then enacted by the British Parliament under the name the British North America Act, 1867. [6] [7] In 1982 the Act was brought under full Canadian control through the Patriation of the Constitution, and was renamed the Constitution ...
Sections 41 and 42 of the Constitution Act, 1982, thus appear to include the Supreme Court of Canada in the Constitution of Canada. However, this conclusion is questionable because the "Constitution of Canada" is expressly defined in s. 52(2) as a set of 30 instruments that does not include the Supreme Court Act. Some scholars, including Peter ...