List of Canadian constitutional documents
From Wikipedia, the free encyclopedia
The following is a list of pre-1982 British legislation, Orders-in-Council and Statutory Instruments of the United Kingdom that form, or formed, part of the Constitution of Canada. Much of their significance is historical only and is not typically brought up in constitutional case law.
Section 52(2) of the Constitution Act, 1982 identifies which documents are part of the constitution. It states that:
- (2) 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 lists 30 statutes that comprise the Constitution and their amended names.[1]
In total, the Constitution consists of the following documents:
- Act of Settlement, 1701- stipulates that judges remain in office during good behaviour, instead of the "pleasure of the sovereign", also dictates royal succession
- Constitution Act, 1867 (Consolidated) (Formerly known as the British North America Act, 1867 [Consolidated]- Establishment of Dominion of Canada as self-governing British colony, with own national parliament and four provincial legislatures
- Rupert's Land Act, 1868- annexation of Rupert's Land territory
- Temporary Government of Rupert's Land Act, 1869- creation of Northwest Territories
- Manitoba Act, 1870- creation of the province of Manitoba
- Rupert's Land and North-Western Territory Order
- British Columbia Terms of Union (Formerly Order of Her Majesty in Council admitting British Columbia into the Union)- joining of the province of British Columbia
- Constitution Act, 1871 (Formerly British North America Act, 1871)
- Prince Edward Island Terms of Union (1873)- joining of Province of Prince Edward Island
- Parliament of Canada Act, 1875- allowing the Parliament of Canada to expand lawmaking powers
- Adjacent Territories Order 1880
- Constitution Act, 1886 (Formerly British North America Act, 1886)
- Canada (Ontario Boundary) Act, 1889
- Statute Law Revision Act, 1893
- Canadian Speaker (Appointment of Deputy) Act, 1895, Session 2 (Repealed by the Constitution Act, 1982)- acceptance of the constitutional validity of the post of deputy speaker
- Yukon Territory Act, 1898- creation of Yukon Territory
- Alberta Act, 1905 (Formerly The Alberta Act, 1905)- creation of Province of Alberta
- Saskatchewan Act, 1905 (Formerly The Saskatchewan Act, 1905)- creation of Province of Saskatchewan
- Constitution Act, 1907 (Formerly British North America Act, 1907)
- Constitution Act, 1915 (Formerly British North America Act, 1915)
- British North America Act, 1916 (Repealed by Statute Law Revision Act, 1927)
- Statute Law Revision Act, 1927
- Constitution Act, 1930
- Statute of Westminster, 1931- removing all remaining lawmaking powers from British Parliament, allowing for Canadian parliament to modify British-made legislation
- Constitution Act, 1940 (Formerly British North America Act, 1940)
- British North America Act, 1943 (Repealed by the Constitution Act, 1982)
- British North America Act, 1946 (Repealed by the Constitution Act, 1982)
- Letters Patent Constituting the Office of Governor General of Canada- Order delegating many of the political powers of the Crown over Canada to the Governor General
- Newfoundland Act (Formerly British North America Act, 1949)- joining of the Province of Newfoundland
- British North America Act 1949 (Repealed by the Constitution Act, 1982)
- Statute Law Revision Act, 1950
- British North America Act, 1951 (Partially repealed by the Constitution Act, 1964, Repealed by the Constitution Act, 1982)
- British North America Act, 1952 (Repealed by the Constitution Act, 1982)
- Constitution Act, 1960 (Formerly British North America Act, 1960)
- Constitution Act, 1964 (Formerly British North America Act, 1964)
- Constitution Act, 1965 (Formerly British North America Act, 1965)
- Constitution Act, 1974 (Formerly British North America Act, 1974)
- Constitution Act (No. 1), 1975 (Formerly British North America Act (No. 1), 1975)
- Constitution Act (No. 2), 1975 (Formerly British North America Act (No. 2), 1975)
- Miscellaneous Statute Law Revision Act, 1977
