Canada's Constitution

What is a Constitution?

• A constitution is the supreme law of the land, taking precedence over all other laws in the country.
• It describes how a country governs itself, including rules and principles that tell the government what it can or cannot do.
• A constitution can also guarantee rights and freedoms for citizens.

Canada's Constitution

• Canada's Constitution is partly written and partly unwritten.
• The written parts include the Constitution Act, 1867, and the Constitution Act, 1982, which includes the Canadian Charter of Rights and Freedoms.
• The Constitution Act, 1867 created the Dominion of Canada, describing the basic structure of Canada's government, including provincial legislatures, the Senate, and the courts.
• The Constitution Act, 1982 patriated the Constitution, giving Canada full control over its Constitution, and included the Canadian Charter of Rights and Freedoms, which protects the rights of Aboriginal peoples.

Unwritten Parts of the Constitution

• The Constitution is partly unwritten, similar to the Constitution of the United Kingdom.
• Unwritten principles, such as democracy, breathe life into the Constitution and fill in gaps in the text.
• Constitutional conventions are also unwritten, political rules that are not found in the Constitution but are part of Canada's political fabric.

Evolution of the Constitution

• The Constitution is often referred to as a "living tree" because its meaning can evolve over time as society changes.
• The Supreme Court of Canada has said that the Constitution must be viewed as a "living tree capable of growth and expansion within its natural limits".
• The Constitution can adapt to new social realities, such as the evolution of the definition of marriage from 1867 to 2004.

History of the Constitution

• Canada's Constitution was created by the United Kingdom because Canada was originally a colony of the UK.
• The Constitution has evolved over time, including the addition of more provinces and the patriation of the Constitution in 1982.
• The Constitution now includes the Canadian Charter of Rights and Freedoms, which protects individual rights and freedoms.

Learn about the supreme law of Canada, its role in governance, and how it affects the country's laws. Understand the principles and rules that guide the government's actions.