Talk:Constitution of Canada
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I'm starting to put some work into this article and so far made a few changes that may prove controversial. Particularly, I've removed the British legislation from the list of "frequently cited" parts of the constitution. I did this because those two acts, at least in Canadian Constitutional law, are not cited that much at all. I don't deny they are important parts of the constitution but nevertheless they are more historical than anytihing else. They aren't given that much analysis in Courts. If anyone disagrees with any of my changes I hope we can work it out. -- PullUpYourSocks 22:09, 11 September 2005 (UTC)
In some of the wikipedia articles on the Constitution of Canada, including this one and Amendments to the Constitution of Canada, I have noticed that there is a suggestion that provincial legislatures can make amendments to the Constitution of Canada unilaterally. It is my understanding that this is not true and these articles may be misrepresenting the actual amending formula. The amending formula states that provincial legislatures may make laws amending to the constitution of the province (such as the Quebec legislature did in 1968, abolishing the Legislative Council and renaming the Legislative Assembly to the National Assembly), but not that they may make amendments unilaterally to the Constitution of Canada itself. It is my understanding that any amendment whatsoever to the Constitution of Canada requires the support of Parliament at least. Some confusion may be caused by the complex amending formula and its different levels of support required for different types of amendments: some amendments require unanimous consent of Parliament and the provincial legislatures, some require the 7/50 formula, some require only Parliament and the legislatures of the provinces affected, and some can be made by Parliament alone, but none can be made by a provincial legislature alone. If I am correct and these articles incorrect, the articles should be changed appropriately. —Preceding unsigned comment added by 99.235.250.111 (talk) 01:43, 23 February 2008 (UTC)
[edit] List
I forgot to log in when I did it, but I added to the article a list of the documents that form the Canadian constitution. These are the acts and orders listed in the Constitution Act, 1982, as well as the further ammendments to those acts. --Q Canuck 14:52, 9 August 2006 (UTC)
- It's a good list, but it should be moved to List of Canadian constitutional documents. CanadianCaesar Et tu, Brute? 15:31, 9 August 2006 (UTC)
- I'd agree .. but that article seems a list of historical pre-patriation constitutional documents. There's a whole slew of stuff that isn't considered part of our constitution anymore, and none of the 1982 and forward documents. I could try merging the current documents onto that page, and making a "historical" section for a good deal of what's there now? --Q Canuck 17:06, 9 August 2006 (UTC)
- For historical stuff we have a List of documents from the constitutional history of Canada CanadianCaesar Et tu, Brute? 17:11, 9 August 2006 (UTC)
- Ah. Okies, I'll work on merging the information when I have some time. --Q Canuck 18:59, 9 August 2006 (UTC)
- For historical stuff we have a List of documents from the constitutional history of Canada CanadianCaesar Et tu, Brute? 17:11, 9 August 2006 (UTC)
- I'd agree .. but that article seems a list of historical pre-patriation constitutional documents. There's a whole slew of stuff that isn't considered part of our constitution anymore, and none of the 1982 and forward documents. I could try merging the current documents onto that page, and making a "historical" section for a good deal of what's there now? --Q Canuck 17:06, 9 August 2006 (UTC)
I think the list of British acts that are part of Canada's constitution includes documents that are pre-1867, and much more than the Act of Settlement, as per section 129 of the BNA, 1867. No provincial or Dominion act can repeal or contradict an act of the British parliament. This was true until 1931 when the UK then gave up the right to legislate for Canada with the Statute of Westminster as well as permitting Dominion and provincial laws to contradict British laws.
For instance, the notion that public law is common, not civil, law in Quebec was established in the Quebec Act and has not been mentioned since, yet it is still cited as valid constitutional law (probably per section 129 of the BNA). This is the case because later British acts did not repeal the Quebec Act in full (few laws fully replace previous laws) and certain provisions remain law. The question is whether, because of the above process, is it now just statutory law or has it acquired the aura of constitutional entrenchment.
All told this was a very messy way to create a constitution. You really need a constitutional expert to compile a list of extant laws which form part of Canada's constitution. -- G. Csikos, 30 April 2007
[edit] Vandalism
I added this section after recently seeing the actual vandalized constitution in a new public display at the Ottawa archives where I work. I think it's a fact not known by most canadians that both original copies of our constitution are physically damaged - one by rain and one by paint.Bennyxbo 12:27, 26 July 2007 (UTC)
[edit] Fair use rationale for Image:Can-pol w.jpg
Image:Can-pol w.jpg is being used on this article. I notice the image page specifies that the image is being used under fair use but there is no explanation or rationale as to why its use in this Wikipedia article constitutes fair use. In addition to the boilerplate fair use template, you must also write out on the image description page a specific explanation or rationale for why using this image in each article is consistent with fair use.
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BetacommandBot 05:39, 27 October 2007 (UTC)
