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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.
Section 52(2) of the Constitution Act, 1982 says "The Constitution of Canada includes (a) the Canada Act 1982, including this Act; (b) the Acts and orders referred to in the schedule; and (c) any amendment to any Act or order referred to in paragraph (a) or (b)." The schedule, in turn, lists the following documents.
Section 52(2), in addition to containing many Imperial Statutes, contains eight Canadian statutes, three of which created the provinces of Alberta, Manitoba and Saskatchewan, and five of which were amendments to the Constitution Act, 1867.
Thus, parliamentary privilege cannot be negated by another part of the Constitution. Furthermore, the "Constitution of Canada" in section 52(2) of the Constitution Act, 1982 is not meant to be exhaustive, and unwritten convention "can be" part of the constitution.
Section 45 of the Constitution Act, 1982 allows each province to amend its own constitution. This applies, for example, to provincial statute laws like Constitution of Quebec and Constitution Act (British Columbia). However, if the desired change would require an amendment to any documents that form part of the Constitution of Canada, it would ...
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 ...
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada.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 ...
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.