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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.
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]
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 ...
Section 128 of the Constitution Act, 1867; Section 144 of the Constitution Act, 1867; Section 145 of the Constitution Act, 1867; Section 146 of the Constitution Act, 1867; Section 147 of the Constitution Act, 1867; Section 35 of the Constitution Act, 1982; Select Committee of the House of Commons on the Civil Government of Canada; Separate school
[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 ...
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 .
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 ...
The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.