Constitution
Canadian Charter of Rights and Freedoms
Introduction The Canadian Charter of Rights and Freedoms (the Charter) comprises Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c. 11. It is the primary …
Canadian Federalism
Introduction Canadian federalism is the constitutional framework by which sovereign authority is divided between a central Parliament of Canada and ten provincial legislative assemblies, each supreme …
Constitution Act, 1867
Introduction The Constitution Act, 1867 (originally enacted as the British North America Act, 1867) is the foundational statute of the Canadian federation. Passed by the Imperial Parliament at …
Constitution Act, 1982
Introduction The Constitution Act, 1982, enacted as Schedule B to the Canada Act 1982 (UK), 1982, c. 11, represents the single most significant transformation of Canada’s constitutional …
Constitutional Amendment in Canada
Introduction The constitutional amendment process in Canada is governed by Part V of the Constitution Act, 1982 (ss. 38–49), which codified for the first time a domestic amending formula, ending the …
Constitutional Interpretation in Canada
Introduction The interpretation of the Canadian Constitution is governed by a distinctive set of methodological principles that distinguish Canadian constitutional law from other legal traditions, …
Indigenous Peoples and Canadian Constitutional Law
Introduction The constitutional status of Indigenous peoples in Canada has undergone a fundamental transformation since the enactment of s. 35 of the Constitution Act, 1982. From a position of …
Interjurisdictional Immunity and Paramountcy
Introduction Two doctrines govern the resolution of federal-provincial jurisdictional conflicts in Canadian constitutional law: interjurisdictional immunity and federal paramountcy. Both arise from …
Judicial Independence in Canada
Introduction Judicial independence is a foundational principle of the Canadian constitutional order, recognized as an unwritten constitutional principle that structures and constrains the exercise of …