The Canadian Constitution is the supreme law of Canada. It includes the Constitution Act, 1867, and the Constitution Act, 1982. The Canadian Constitution sets out the basic principles of democratic government in Canada when it defines the powers of the three branches of government:
– The Executive: The Queen has the executive power in Canada, but in our democratic society the Queen’s powers are exercised by constitutional convention on the advice of Ministers who enjoy the confidence of the House of Commons.
– The Legislative: Parliament is the legislative branch of the federal government. Parliament consists of the Queen (who is usually represented by the Governor General), the Senate and the House of Commons.
– The Judicial: The judicial branch of government, composed of judges. The judiciary must interpret and apply the law and the Constitution, and give impartial judgments in all cases.
The Canadian Constitution also includes provisions relating to Aboriginal rights and treaty rights.
It is important to note that the Canadian Constitution was “patriated” from the United Kingdom in 1982. When Canada was created, it was a self-governing British colony. The British North America Act, 1867, codified many constitutional rules for Canada, but major changes to the Constitution could only be made by the United Kingdom Parliament. In 1982, the Charter was enacted as part of Canada’s Constitution along with a set of procedures allowing the Constitution to be amended in Canada.
The Canadian Constitution is a complex document that outlines the framework of the Canadian government and the rights and freedoms of Canadian citizens. It is an important part of Canadian history and democracy, and it continues to shape the country’s laws and institutions today.