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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 ...
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.
Report of the Royal Commission for the Investigation of all Grievances Affecting His Majesty's Subjects of Lower Canada (1837) Lord John Russell's Ten Resolutions (March 6, 1837) Declaration of Independence of Lower Canada (February 22, 1838) Report on the Affairs of British North America (1839) (February, 1839) Act of Union (1840) (February 10 ...
The Court held that the rule of law is also supported by the Preamble to the Constitution Act, 1867, by means of the statement that Canada is to have a constitution "similar in principle" to that of the United Kingdom. The Court concluded that the rule of law is one of the foundational principles of the British constitution, and therefore the ...
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. Second, s. 42(1) lists several amendments to the Constitution of Canada requiring the general amendment procedure.
Canadian Prime Minister Jean Chrétien referred the matter over whether a province could unilaterally secede from the federation to the Supreme Court of Canada in December 1999. In its Quebec Secession Reference decision, the Court ruled that the Canadian constitution did not give provinces the power to unilaterally secede. However, it also ...
The court noted the importance of these rights to the justice system, stating that sections 8 to 14 "have been recognized as essential elements of a system for the administration of justice which is founded upon a belief in 'the dignity and worth of the human person' (preamble to the Canadian Bill of Rights, R.S.C. 1970, App. III) and on "the ...
The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982.
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