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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.
[4] [5] These legal and constitutional limitations were a significant reason that the Canadian Charter of Rights and Freedoms was established as an unambiguously-constitutional-level Bill of Rights for all Canadians, governing the application of both federal and provincial law in Canada, with the patriation of the Constitution of Canada in 1982
The courts have also held that "salary or compensation (in whatever form they may take), are in my view a purely economic right, and are not protected by section 7". [ 13 ] Theoretically, security of the person would be breached if the government limits a person's ability to make an income, by denying welfare , taking away property essential to ...
Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the Constitution Act, 1982. Section 26 clarifies that other rights and freedoms in Canada are not invalidated by the Charter. Section 27 requires the Charter to be interpreted in a multicultural context. Section 28
The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. [6] The Constitution Act, 1867 (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. [7]
Prior to 1947, Canadian law continued to refer to Canadian nationals as British subjects, [4] despite the country becoming independent from the United Kingdom in 1931. As the country shared the same person as its sovereign with the other countries of the Commonwealth, people immigrating from those states were not required to recite any oath upon immigration to Canada; those coming from a non ...
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Canadian constitutional law (French: droit constitutionnel du Canada) is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada , both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.