The Constitution Act is divided into 11 parts which are divided into 147 sections. There are also six “schedules” at the end that clarify in greater detail things mentioned earlier in the document. Parts I and II are essentially the preamble, that describe the context of Canada’s 1867 union.
What are sections 91 and 92 of the Canadian Constitution?
Sections 91 and 92 (and to a lesser extent sections 93 to 95) of the Constitution Act, 1867 assign areas of legislative authority to the federal and provincial legislatures.
What are Canada’s 2 constitutions called?
The Constitution of Canada includes the Constitution Act, 1867, and the Constitution Act, 1982. It is the supreme law of Canada. It reaffirms Canada’s dual legal system and also includes Aboriginal rights and treaty rights.
How many Constitution acts are there in Canada?
1985, Appendix II, No. 5), and culminating in the Constitution Act, 1982 (being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11), that lay down much of the framework of government in Canada. There are thirteen statutes in total.
What is the current Constitution of Canada?
Even though Canada patriated its Constitution in 1982, the Constitution Act, 1867 remains in full force. The Constitution Act, 1982 has several parts. It includes the Canadian Charter of Rights and Freedoms.
What is Section 93 of the Constitution Act Canada?
Section 93 of the 1867 British North America Act lays down the constitutional framework of public education in Canada. It authorizes provincial legislatures to make laws related to education in their provinces but disallows laws that infringe upon the interests of certain groups.
What is Section 45 of the Canadian Constitution?
45 Subject to section 41, the legislature of each province may exclusively make laws amending the constitution of the province. 46 (1) The procedures for amendment under sections 38, 41, 42 and 43 may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province.
What are 10 laws in Canada?
Top 10 Weird Canadian Laws
- It’s Forbidden to Pay in Coins.
- It’s Illegal to Drag a Dead Horse Along the Street.
- It’s Illegal to Remove a Bandage in Public.
- It’s Not Allowed To Carry a Snake in Public.
- It’s Unacceptable to Hold Too Many Sales.
- It’s Illegal To Accidentally Scare a Child to Death.
- It’s Forbidden To Pick Trillium.
What are the 3 founding nations of Canada?
The founding peoples of Canada include: Aboriginal peoples. French Canadians.
What are the 5 most important Rights in Canada?
Everyone has the following fundamental freedoms:
- a) freedom of conscience and religion;
- b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- c) freedom of peaceful assembly; and.
- d) freedom of association.
What are the 4 types of law in Canada?
Public law and private law
- criminal law.
- Constitutional law.
- administrative law.
What are 5 laws in Canada?
Canadian (Federal) Laws and Acts
- Access to Information Act.
- Canada Evidence Act.
- Canadian Charter of Rights and Freedoms.
- Canadian Human Rights Act.
- Constitution Act, 1867.
- Constitution Act, 1982.
- Contraventions Act.
- Controlled Drugs and Substances Act.
Does Canada have 3 types of law?
Canada is a bijural country – that means it has both common and civil law systems. Matters of private law in Quebec are governed by the civil law, while the common law applies in the other provinces.
Does Canada have two constitutions?
The Canadian Constitution has two written parts: the Constitution Act, 1867 (formerly known as the British North America Act, 1867) and the Constitution Act, 1982.
Does the Constitution have 27 or 33 amendments?
Since 1789 the Constitution has been amended 27 times; of those amendments, the first 10 are collectively known as the Bill of Rights and were certified on December 15, 1791.
Can I read the Canadian Constitution?
You can download, save and print a copy of Canadian Charter of Rights and Freedoms. A version in Braille Ready Format is also available to download from Justice Canada. The legal text of the Charter is published online as Constitution Act, 1982.
What does Section 75 of the Constitution say?
Section 75(v) of the Constitution provides that ‘[i]n all matters … in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth … the High Court shall have original jurisdiction‘.
What is Section 67 of the Canadian Human Rights Act?
Section 67 prevented anyone from filing a complaint about anything related to the Indian Act. Now that Section 67 is gone, Aboriginal people can file a human rights complaint against the federal government if the Indian Act or policies made under the Indian Act cause discrimination.
What is the difference between Section 91 and 92?
Section 91(26) gives Parliament exclusive jurisdiction over marriage and divorce, while section 92(12) grants the provincial legislatures exclusive power to legislate in relation to the solemnization of marriage.
Why is no one above the law in Canada?
It means that all people are treated equally by the same standards. It means that political influences or popularity polls have no part in a Court of Law. It means that no person is above the law. The requirement that our courts follow the Rule of Law is a fundamental principle of Canada’s democracy.
What is Section 42 of the Criminal Code of Canada?
42 (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.