T hec an di h rt e of r g sf m gu ar n ts rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably. The constitution act, 1982 contains the canadian charter of rights and freedoms and other provisions, including the procedure for amending the constitution of canada. This act may be cited as the constitution act, 1982, and the constitution acts 1867 to 1975 no 2 and this act may be cited together as the constitution acts, 1867 to 1982. 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. 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.
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. It achieved full independence for canada by allowing the country to change its constitution without approval from britain. Constitution acts, 1867 to 1982 justice laws website. Whereas canada is founded upon principles that recognize the. The canadian government did not initially plan to include aboriginal rights so extensively within the constitution when the act was being redrafted in the early 1980s. More about consolidation the constitution act, 1982 also contains a schedule of repeals of certain constitutional enactments and provides for the renaming of others. The charter is a bill of rights to protect certain political rights, legal rights and human rights of people in canada from the policies and actions of all levels of government. Constitution act, 1982 section 35 university of british. The british north ameri ca act, 1949, for example, is renamed as the newfoundland act. Constitutional documents canadian charter of rights and freedoms.
The constitution acts 1867 to 1982 justice laws website. Whereas canada is founded upon principles that recognize the supremacy of god and the rule of law. Constitution act 1982 document the canadian encyclopedia. The canadian charter of rights and freedoms is the first part of the constitution act, 1982. Canadian charter of rights and freedoms, part i of the. Constitution act 1982, section 35 senate of canada.
For some parts of the act, the senate, the house of commons and all provinces must agree to any amendments changes. Consolidation of the constitution acts, 1867 to 1982 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 creation of the canadian charter of rights and freedoms was a key aspect of the constitutional reform agreed to in 1981 by the federal government and nine provinces excluding quebec. Constitution act, 1982 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. Constitution act, 1982 our country, our parliament. It achieved full independence for canada by allowing the country to. The document contains the original statute that established the canadian confederation in 1867 the british north america act, the amendments made to it by the british. Continuance of existing election laws until parliament of canada otherwise provides. The act also formally ended the request and consent provisions of the. The new names of these enactments are used in this consolidation, but their former names may be found in the schedule. The 1982 constitution act and the canadian charter of. The constitution act, 1982 is a landmark document in canadian history. 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.
The act was passed after a fierce, 18month political and legal struggle that dominated. The constitution act, 1982 was enacted as schedule b to the canada act 1982, 1982, c. Canadas constitution of 1867 with amendments through 2011. 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. Early drafts and discussions during the patriation of the canadian constitution did. An additional goal of the charter is to unify canadians around a set of principles that embody those rights. The canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject only to such. It also enshrined the charter of rights and freedoms in canadas constitution, the highest law of the land. The charters inclusion in the constitution means that any law found to violate basic freedoms and individual and minority rights becomes invalid. Constitution act 1982 document, last edited december 16, 20. The constitution act, 1982 contains the canadian charter of rights and freedoms and other. 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. Section 35 is the part of the constitution act that recognizes and affirms aboriginal rights.
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