The constitution act, 1982 also contains a schedule of repeals of certain constitu tional enactments and provides for the renaming of others. The guarantee in this charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of canada including. These documents set out sections 91, 92, 92a, and 121 of the canadian constitution. To protect and preserve catholic education by ensuring registration of roman. His book, the constitution of canada, is still well known to students of the canadian constitution. 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 renaming it the constitution act, 1867. The constitution act, 1982 introduced several amendments to the british north america act, 1867 and changed its name in canada to the constitution act, 1867. Constitution act, 1982 section 35 university of british. Constitution act, 1982, includes the canadian charter of rights and freedoms. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this charter with respect to any language that is not english or french. The firstever primer on canadas constitution for anyone who wants to understand the supreme body of law in the land. It also enshrined the charter of rights and freedoms in canadas constitution, the highest law of the land. The constitution act, 1982 contains the canadian charter of rights and freedoms and other provisions, including the procedure for amending the constitution of canada. Section 121 provides for free interprovincial trade.
In 1982, the queen and the right honourable pierre trudeau, prime minister, signed the constitution act, 1982, which includes the british north america act and the canadian charter of rights and freedoms the constitution act is difficult to change. The current constitution of canada was enacted in 1982 by the british imperial. April 17, 1982 was the day the canadian charter of rights and freedoms came into e. The base document included in the canadian constitution. Sections 91 and 92 set out the division of powers between the federal and provincial governments. Since 1982, all canadian laws are passed in canada without requiring the approval of the british parliament. When canada was created, it was a selfgoverning british colony. Proclamation of the constitution act, 1982 library and. The constitution act of 1982 updates the original constitution of canada, the british north america act. Here are some protections that the charter guarantees freedom of religion, of thought, of expression, of the press and of peaceful assembly. The canadian charter of rights and freedoms forms the first thirtyfive sections counting section 16.
Canadian charter of rights and freedoms pdf version. Constitution act, 1867 consolidated formerly known as the british north america act, 1867 consolidated u. This consolidation contains the text of the constitution act, 1867 formerly the british north america act, 1867, together with amendments made to it since its enactment, and the text of the constitution act, 1982, as amended since its enactment. The canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject. Constitution act, 1982, being schedule b to the canada act 1982 uk, 1982, c 11. The criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters. It achieved full independence for canada by allowing the country to change its constitution without approval from britain. Candidates should make regular reference to the texts of canadian constitutional documents relevant to the. Whereas canada is founded upon principles that recognize the. The canadian constitution makes canadas constitution readily accessible to readers for the first time. Guide to the canadian charter of rights and freedoms. The amendment from time to time of the constitution of canada, except as regards matters coming within. Section 35 of the constitution act, 1982 recognizes and affirms existing aboriginal rights, but does not define them. References to aboriginal rights in the constitution act, 1982.
Constitution of canada 2 th eco n st i uf a dcl a the canada act 1982, including this act. It includes the complete text of the constitution acts of 1867 and 1982 as well as a glossary of key terms, a short history of the constitution, and a. Constitution act 1982, section 35 senate of canada. That act and class 1 were repealed by the constitution act, 1982. Constitution act 1982 document the canadian encyclopedia. In 1990 canada entered the most serious crisis of its 123year history. What is the importance of the constitution act of canada.
The constitution was patriated from the united kingdom in 1982. The charter of rights is a 1982 addition to the constitution that outlines the civil rights of every canadian citizen. Constitution act, 1982 1 schedule b constitution act, 1982 part i canadian charter of rights and freedoms whereas canada is founded upon the principles that recognize the supremacy of god and the rule of law. This content is not legal advice and should not be taken as legal interpretation of the provisions of the charter. The act was passed after a fierce, 18month political and legal struggle.
Canadian charter of rights and freedoms our country, our. Canadian charter of rights and freedoms part i of the constitution act, 1982 80 assented to march 29th, 1982. Canada act, also called constitution act of 1982, canadas constitution approved by the british parliament on march 25, 1982, and proclaimed by queen elizabeth ii on april 17, 1982, making canada wholly independent. The constitution act 1982 this was new and contained several important components.
Constitution 1982 listen at ecouter a 10 minutes canadians can now amend their constitution duration. It combined the constitution act of 1867, the manitoba schools act, the canadian charter of rights and freedoms and other documents into one clearly identified constitution, it patriated the canadi. The british north america act, 1867, codified many constitutional rules for canada, but major changes to the constitution could only be made by the united kingdom parliament. An amendment is a change to the act, and a constitutional conference is a meeting of government leaders to discuss anything related. Constitution act, 1982 our country, our parliament.
The canada act 1982 there are two major components to the canada act 1982. The constitution act, 1982 set out in schedule b to this act is hereby enacted for and shall have the force of law in canada and shall come into force as provided in that act. Canadian charter of rights and freedoms constitution act. Section 9127 of the constitution act, 1867, also known as the criminal law power, grants the parliament of canada the authority to legislate on.
In 1982, the charter was enacted as part of canadas constitution. For any other constitutional statutes, place pinpoint references after the chapter. Representation, there shall be added to the number of members so. Continuance of existing election laws until parliament of canada otherwise provides. The new constitution was accompanied by the canadian charter of rights and freedoms, and an amending formula that would no longer require an appeal to the british parliament. Canadas constitution of 1867 with amendments through 2011. You can request a printed copy of the canadian charter of rights or freedoms or the canadian bill of rights. Canadian charter of rights and freedoms, s 7, part 1 of the constitution act, 1982, being schedule b to the canada act 1982 uk, 1982, c 11. Prior to the charter, various statutes protected an assortment of civil rights and obligations but nothing was enshrined in the constitution until 1982. For some parts of the act, the senate, the house of commons and all provinces must agree to any amendments changes. Section 9127 of the constitution act, 1867 wikipedia. What aboriginal rights include has been the topic of much debate and discussion, and they have been defined over time through supreme court cases such as r. The document contains the original statute that established the canadian confederation in 1867 the british north america act, the. No act of the parliament of the united kingdom passed after the constitution act, 1982 comes into force shall extend to canada as part of its law.
The canadian constitution about canadas system of justice. Kennedy,11 which i have, in part, drawn on for this introduction. The canadian charter of rights and freedoms forms the first part of the constitution act, 1982. The constitution act, 1982 contains the canadian charter of rights and freedoms and other provisions, including the procedure for amending the constitution. The signing of the proclamation on april 17, 1982, marked the end of efforts by many successive governments. Risk published a brilliant article on kennedy, appropriately entitled the many minds of w.
A video made by two western university law students on what the canadian constitution is. Download or order the canadian charter of rights and. The crisis took most canadians completely by surprise. This guide explains the canadian charter of rights and freedoms the charter and its importance in the daily lives of canadians. The meech lake accord a bundle ofconstitutional amendments that attracted little impassioned supportand that even the accords most. The amendment from time to time of the constitution of canada, except as regards matters. Canadian history for dummies cheat sheet cheat sheet any place as eclectic and mixed up as canada will never be able to settle on a single unified, national history that will please everyone, but make no mistake. The legal text of the charter is published online as constitution act, 1982. Note that pinpoint references to the canadian charter and the constitution act, 1982 are immediately after the title. The constitution act, 1982 is a landmark document in canadian history. Part i, canadian charter of rights and freedoms whereas canada is founded upon principles that recognize the supremacy of god and the rule of law. Based on meetings in charlottetown, quebec city 72 resolutions and london.