Constitution of Canada

The Constitution of Canada is the supreme law of the country. It defines the structure of government, division of powers, and fundamental rights. It consists of written documents and unwritten conventions.

Main Components

Constitution Act, 1867: Establishes federalism, institutions (Parliament, courts), and division of powers (e.g., s.91 federal, s.92 provincial).
Constitution Act, 1982: Patriated the Constitution, added the Canadian Charter of Rights and Freedoms, affirmed Aboriginal and treaty rights (s.35), and set amending formulas.
Other Instruments and Conventions: Statute of Westminster (1931), royal prerogatives, constitutional conventions, and court decisions.

Division of Powers

Federal (s.91): Trade and commerce, defence, criminal law, Indigenous affairs, banking, citizenship, interprovincial works.
Provincial (s.92): Property and civil rights, education (with denominational protections), hospitals and health, municipalities.
Shared/Overlap: Agriculture and immigration (s.95); environment often involves both.

Amending the Constitution

General 7/50 Rule (s.38): Approval by Parliament plus 7 provinces with at least 50% of the population.
Unanimity (s.41): Required for fundamental changes (e.g., the Crown, official languages, Supreme Court composition).
Bilateral/Unilateral (ss.43–45): Regional or internal institutional changes.

Indigenous Rights

Section 35 recognizes and affirms existing Aboriginal and treaty rights of First Nations, Inuit, and Métis.
Courts interpret scope and duty to consult/accommodate through case law.

The Charter

The Canadian Charter of Rights and Freedoms guarantees fundamental rights and guides constitutional review of laws and government action.

Constitutional Monarchy and Conventions

Canada is a constitutional monarchy with the King as Head of State. Unwritten conventions (e.g., responsible government) guide how written rules operate in practice.