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The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.
The SCC ruled, in Re British North America Act and the Federal Senate (1979), 30 NR 271, that the federal government could act in matters related to section 91.1 [6] of the British North America Act only with regards to matters of exclusive federal jurisdiction. The government chose to discontinue Bill C-60 as a result of this decision.
The United Kingdom transferred most of its remaining land in North America to Canada, with the North-Western Territory and Rupert's Land becoming the North-West Territories. [e] The British government made the transfer after Canada and the Hudson's Bay Company agreed to the terms, including a payment of £300,000 from Canada to the Company. [18]
[3] The Canadian constitution includes core written documents and provisions that are constitutionally entrenched, take precedence over all other laws and place substantive limits on government action; these include the Constitution Act, 1867 (formerly the British North America Act, 1867) and the Canadian Charter of Rights and Freedoms. [4]
This final Act of the British Parliament regarding Canada had a different name, since it renamed all the unrepealed earlier British North America Acts, amended some of them, and repealed all others, patriated all remaining legislative and constitutional powers to Canada, and included the Constitution Act, 1982 as its schedule. It is the only UK ...
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada , including its federal structure , the House of Commons ...
Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Canadian Constitution.In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada (which upon Confederation was divided into Ontario and Quebec)—united to form a federation, becoming a fully ...
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.