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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.
The Supreme Court of Canada has held that this list is not exhaustive and that the Constitution of Canada includes a number of pre-confederation acts and unwritten components as well. [7] [8] The Canadian constitution also includes the fundamental principles of federalism, democracy, constitutionalism and the rule of law, and respect for ...
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]
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 ...
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.
Currently the court includes nine justices, but “the Constitution does not set a specific number of seats for the Supreme Court,” Feldman said. The push to reform the court isn’t new.
The Parliament of Canada is the legislative body of the government of Canada. The Parliament is composed of the House of Commons (lower house), the Senate (upper house), and the sovereign, represented by the governor general. Most major legislation originates from the House, as it is the only body that is directly elected.
Given the narrow federalist victory in 1995, a reference was made by the Chrétien government to the Supreme Court of Canada in 1998 regarding the legality of unilateral provincial secession. The court decided that a unilateral declaration of secession would be unconstitutional. This resulted in the passage of the Clarity Act in 2000.