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With the Constitution Act, 1982, Canada took over the authority to amend its own constitution, achieving full sovereignty. [2] [3] [4] Since then, amendments to the Constitution of Canada have been made using one of five amending formulas requiring consent of some combination of the House of Commons, Senate, and provincial legislatures.
The constitutional history of Canada begins with the 1763 Treaty of Paris, in which France ceded most of New France to Great Britain. Canada was the colony along the St Lawrence River, part of present-day Ontario and Quebec. Its government underwent many structural changes over the following century.
Canada's constitution has roots going back to the thirteenth century, including England's Magna Carta and the first English Parliament of 1275. [19] Canada's constitution is composed of several individual statutes. There are three general methods by which a statute becomes entrenched in the Constitution:
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.
The Senate of Canada (French: Sénat du Canada) is the upper house of the Parliament of Canada. Together with the Crown and the House of Commons, they compose the bicameral legislature of Canada. The Senate is modelled after the British House of Lords, with its members appointed by the governor general on the advice of the prime minister. [1]
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.
The Statute of Westminster (1931) gave Canada legislative independence from the United Kingdom.Canada requested that the British North America Acts (the written portions of the Constitution of Canada) be exempted from the statute because the federal and provincial governments could not agree upon an amending formula for the acts.
The Constitution Act, 1886 (UK), 58 & 59 Vict, c 35, (the Act) is an Act of the Parliament of the United Kingdom that forms part of the Constitution of Canada. [1] It was originally known as the British North America Act, 1886, but it was renamed Constitution Act, 1886 by the Constitution Act, 1982.