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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.
section 101 gives Parliament the power to establish a "general court of appeal for Canada", as well as courts "for the better administration of the laws of Canada". [16] In addition, section 44 of the Constitution Act, 1982 gives Parliament the power to legislate for the internal legislative and executive structure of the federal government. [6]
Section 101 gives Parliament power to create a "general court of appeal for Canada" and "additional Courts for the better Administration of the Laws of Canada". Parliament has used this power to create the Supreme Court of Canada and lower federal courts. It has created the Supreme Court under both branches of s. 101. [13]
The Supreme Court of Canada was mentioned for the first time in a constitutional document by the Constitution Act, 1982. The Supreme Court is referred to twice. First, s. 41 lists several amendments to the Constitution of Canada requiring unanimous consent. S. 41(d) includes the "composition of the Supreme Court of Canada" in this list.
The Constitution Act, 1982 (French: Loi constitutionnelle de 1982) is a part of the Constitution of Canada. [a] The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867.
Provinces may also do this with their superior courts. The government of Prince Edward Island initiated the Provincial Judges Reference by asking its provincial Supreme Court a question on judicial independence under section 11. The building of the Supreme Court of Canada, the chief authority on the interpretation of the Charter
In Hunt v T&N plc, [nb 7] the Supreme Court of Canada found that "the integrating character of our constitutional arrangements as they apply to interprovincial mobility" called for the courts of each province to give "full faith and credit" to the judgments of courts of other provinces – even though Canada's constitution does not have an ...
Supreme Court of Canada. According to the Supreme Court of Canada, "our Constitution is based on an allocation of exclusive powers to both levels of government, not concurrent powers, although these powers are bound to interact in the realities of the life of our Constitution." [nb 46] Chief Justice Dickson observed the complexity of that ...