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Section 52 of the Constitution Act, 1867 (French: article 52 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada which gives the federal Parliament the power to increase the number of members in the House of Commons, provided any increase respects the principle of proportionate provincial representation in the House of Commons.
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada.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, the ...
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.
Schachter v. Canada [1992] 2 S.C.R. 679 is the leading Supreme Court of Canada (SCC) decision on the remedy provisions in sections 24(1) of the Charter of Rights and Freedoms and 52(1) of the Constitution Act, 1982. [1] The SCC provides a list of remedies available under each section.
Subsection 24(1) must be distinguished from subsection 52(1) of the Constitution Act, 1982. Whereas section 52 allows the courts to invalidate laws or parts of laws for breaches of the constitution (including the Charter), section 24 has broader capabilities (hindered only by the "appropriate and just" requirement) and can only be invoked when ...
Section 35.1 commits the governments of Canada and the provinces "to the principle that, before any amendment is made [to subsection 91(24) of the Constitution Act, 1867, section 25 of the Charter or sections 35 or 35.1 of the Constitution Act, 1982]" that the Prime Minister will convene a conference of first ministers (i.e. provincial premiers ...
The Iowa Consumer Fraud Act "is meant to protect people who buy goods or services, not people who consume news and other sorts of information," Barbas said. "So this is completely far-fetched, in ...
Under the authority of section 52(1) of the Constitution Act, 1982, courts may review all matters of law. Accordingly, the courts have a broad scope of competence. Constitutional issues come before the court through disputes between parties as well as through reference questions. The court has the discretion to hear any Constitutional issues as ...