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Section 1 Of The Constitution Act, 1867
Section 1 of the ''Constitution Act, 1867'' (french: article 1 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada, setting out the title to the Act. The ''Constitution Act, 1867'' is the constitutional statute which established Canada. Originally named the ''British North America Act, 1867'', the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada. ''Constitution Act, 1867'' The ''Constitution Act, 1867'' is part of the Constitution of Canada and thus part of the supreme law of Canada. It was the product of extensive negotiations between the provinces of British North America at the Charlottetown Conference in 1864, the Quebec Conference in 1864, and the London Conference in 1866. Those conferences were followed by consultations with the British government in 1867. The Act sets out the constitutional frame ...
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Proclamation Canadian Confederation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state. A proclamation is (usually) a non-binding notice. A general distinction is made between official proclamations from states or state organs with a binding character and proclamations from political-social groups or organizations, both of which try to win over the mood of those addressed. In addition, the procedure of proclaiming the beginning of a rule over a certain ruling territory is called a proclamation. For example, on July 26, 1581, the Proclamation of Dutch Independence was signed which led to the creation of the Dutch Republic in 1588, formally recognized in 1648 by the Peace of Münster. The announcement of the intention to marry two people, the bidding, was referred to ...
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Canadian Federalism
Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten provincial governments. All eleven governments derive their authority from the Constitution of Canada. There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament, and municipal governments which exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in the ''Constitution Act, 1867'' (originally called the ''British North America Act, 1867''), a key docum ...
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Short And Long Titles
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ...
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British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts established by England between the late 16th and early 18th centuries. At its height it was the largest empire in history and, for over a century, was the foremost global power. By 1913, the British Empire held sway over 412 million people, of the world population at the time, and by 1920, it covered , of the Earth's total land area. As a result, its constitutional, legal, linguistic, and cultural legacy is widespread. At the peak of its power, it was described as "the empire on which the sun never sets", as the Sun was always shining on at least one of its territories. During the Age of Discovery in the 15th and 16th centuries, Portugal and Spain pioneered European exploration of the globe, and in the process established large overse ...
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Quebec Resolutions
The Quebec Resolutions, also known as the seventy-two resolutions, are a group of statements written at the Quebec Conference of 1864 which laid out the framework for the Canadian Constitution. They were adopted by the majority of the provinces of British North America, and became the basis for the London Conference of 1866. Some of the major points that were addressed in the resolutions are as follows: Canada will have a strong central government (federal government), the central government is to be responsible for the legislation of peace, order and good government, provinces will have defined powers and will be accountable for handling local affairs and social and cultural issues, the United Province of Canada The Province of Canada (or the United Province of Canada or the United Canadas) was a British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham, in the Report on the ... (as they called it ...
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Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that the Act may be called the "''Constitution Act, 1982''", and that the ''Constitution Acts'' can be collectively called the "''Constitution Acts, 1867 to 1982''". The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the ''British North America Act, 1867'', including re-naming it the ''Constitution Act, 1867''.Section 1 of the ''British North America Act, 1867'' was amended to be re-named as the ''Constitution Act, 1867.'' Section 20 of the ''Constitution Act, 1867'' was repealed and replaced by section 5 of the Canadian Charter of Rights and Freedoms; and sections 91(1) and 92(1) were repealed: ''Constitution Act, 1982'', s. 53 and Sche ...
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Patriation
Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the Parliament of the United Kingdom, British parliament had retained the power to amend Canada's British North America Acts, Constitution Acts (Statute of Westminster sec. 7(1)), and to enact more generally for Canada at the request and with the consent of the Dominion (sec. 4). That authority was removed from the UK by the enactment of the Canada Act 1982 on March 29, 1982, by the Parliament of the United Kingdom, as requested by the Parliament of Canada. Patriation was subsequently confirmed by the Constitution Act, 1982, part of the Canada Act 1982. A proclamation bringing the Constitution Act, 1982 into effect was signed by Elizabeth II, as Queen of Canada, Prime Minister Pierre Trudeau and Minister of Justice Jean Chrétien on April 17, 1982, on Par ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all governme ...
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Government Of Canada
The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in-Council''; the legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ..., as the ''Crown-in-Parliament''; and the courts, as the ''Crown-on-the-Bench''. Three institutions—the Privy Council ( conventionally, the Cabinet); the Parliament of Canada; and the Judiciary of Canada, judiciary, respectively—exercise the powers of the Crown. The term "Government of Canada" (french: Gouvernement du Canada, links=no) more commonly refers specifically to the executive—Minister of the Crown, ministers of the Crown (the Cabinet) and th ...
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Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ...
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London Conference Of 1866
The London Conference was held in London, in the United Kingdom, in 1866. It was the third and final in a series of conferences that led to Canadian Confederation in 1867. Sixteen delegates from the Province of Canada, Nova Scotia, and New Brunswick gathered to set out the final outline of the proposed Canadian Confederation, resulting in the ''British North America Act, 1867'' (now the ''Constitution Act, 1867''). Upon the conclusion of the discussions by the delegates, the British government directed that a bill be drafted to implement the resolutions of the Conference. Introduced in 1867, the ''British North America Act, 1867'' was passed by both Houses of Parliament and then received royal assent from Queen Victoria on March 29, 1867. It was proclaimed in force on July 1, 1867, creating the Dominion of Canada. The Conference The London Conference began on December 4, 1866. It was a continuation of the Quebec Conference held in 1864, which had produced the Quebec Resol ...
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Quebec Conference, 1864
The Quebec Conference was held from October 10 to 24, 1864, to discuss a proposed Canadian confederation. It was in response to the shift in political ground when the United Kingdom and the United States had come very close to engaging in war with each other. Therefore, the overall goal of the conference was to elaborate on policies surrounding federalism and creating a single state, both of which had been discussed at the Charlottetown Conference around a month earlier. Canada West leader John A. Macdonald requested Governor-General Charles Monck to invite all representatives from the three Maritime provinces and Newfoundland to meet with the candidates who formed the United Canada to Quebec in October 1864. Although Newfoundland sent two observers, it did not participate directly in the proceedings. The beginnings at Charlottetown The Charlottetown Conference of September 1864, laid the foundations for the Quebec Conference and was a significant meeting that would determi ...
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