The Preamble to the ''Constitution Act, 1867'' (french: Préambule de la Loi constitutionnelle de 1867) is a provision of the

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 a ...

, setting out some of the general goals and principles of the Act. Although not itself a substantive provision, the courts have used it as a guide to the interpretation of the

, particularly unwritten constitutional principles which inform the history and meaning of the Constitution. The ''

Constitution Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...

'' is the constitutional statute which established

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

. Originally named the ''

British North America Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...

'', 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

and thus part of the "supreme law of Canada".Act, 1982'', s. 52, s. 53, and Schedule, item 1.
/ref> It was the product of extensive negotiations between the provinces of

British North America British North America comprised the colonial territories of the British Empire in North America from 1783 onwards. English overseas possessions, English colonisation of North America began in the 16th century in Newfoundland (island), Newfound ...

at the

Charlottetown Conference The Charlottetown Conference (Canada's Conference) was held in Charlottetown, Prince Edward Island for representatives from colonies of British North America to discuss Canadian Confederation. The conference took place between September 1 thro ...

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 framework of Canada, including the structure of the

federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...

and the powers of the federal government and the provinces. It was enacted by the

British Parliament 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 ...

under the name the ''British North America Act, 1867''.Hogg and Wright, ''Constitutional Law of Canada'', para. 1:2. In 1982 the Act was brought under full Canadian control through the

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 o ...

of the Constitution, and was re-named the ''

''. Since

the Act can only be amended in Canada, under the amending formula set out in the ''

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 t ...

''.

Text of the Preamble

The Preamble reads:

Legislative history

The origins of the Preamble are in the first three resolutions adopted by the Fathers of Confederation at the Quebec Conference in 1864: * Resolution 1 stated that "The best interests and present and future prosperity of British North America" would be promoted by a federal union under the British Crown, on terms that were just for all the Provinces. * Resolution 2 summarised the proposed federation, with a general government "charged with matters of common interest to the whole country", and local governments "charged with the control of local matters in their respective sections", and with provision for the future entry of the other British North American provinces and territory. * Resolution 3 affirmed that the Conference desired "to follow the model of the British Constitution, so far as our circumstances will permit." These three resolutions were continued at the

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 Brunsw ...

, which finalised the agreement for Confederation. They became the basis for the Preamble, which took its current form in the final draft of the bill, dated February 9, 1867. The Preamble has not been amended since it was enacted in 1867.

Purpose and interpretation

The Preamble has had a significant impact on constitutional jurisprudence concerning the nature of

Canadian Confederation Canadian Confederation (french: Confédération canadienne, link=no) was the process by which three British North American provinces, the Province of Canada, Nova Scotia, and New Brunswick, were united into one federation called the Canada, Dom ...

and the independence of the Canadian courts. Although significant cases had been decided on the general nature of Confederation since the 1930s, it was not until 1997 that the

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

endeavoured to explain and consolidate its jurisprudence that derives from the Preamble. Lamer C.J. summarized it thus:''Reference_re_Remuneration_of_Judges_of_the_Provincial_Court_of_Prince_Edward_Island'',_[1997
/nowiki>_3_SCR_3,_paras._93109..html" ;"title="997">''Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island'', 997">''Reference_re_Remuneration_of_Judges_of_the_Provincial_Court_of_Prince_Edward_Island'',_[1997
/nowiki>_3_SCR_3,_paras._93109./ref> :*_preambles_can_be_used_to_identify_the_purpose_of_a_statute,_and_also_as_an_aid_to_construing_ambiguous_statutory_language :*_the_preamble_is_not_only_a_key_to_construing_the_express_provisions_of_the_Constitution_Act,_1867,_but_also_invites_the_use_of_those_organizing_principles_to_fill_out_gaps_in_the_express_terms_of_the_constitutional_scheme :*_it_speaks_of_the_desire_of_the_founding_provinces_“to_be_federally_united_into_One_Dominion”,_and_thus,_addresses_the_structure_of_the_division_of_powers :*_by_its_reference_to_“a_Constitution_similar_in_Principle_to_that_of_the_United_Kingdom”,_the_preamble_indicates_that_the_legal_and_institutional_structure_of_constitutional_democracy_in_Canada_should_be_similar_to_that_of_the_legal_regime_out_of_which_the_Canadian_Constitution_emerged :*_it_points_to_the_nature_of_the_legal_order_that_envelops_and_sustains_Canadian_society._In_''Reference_re_Manitoba_Language_Rights.html" ;"title="997
/nowiki> 3 SCR 3, paras. 93109.">997">''Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island'', [1997
/nowiki> 3 SCR 3, paras. 93109./ref> :* preambles can be used to identify the purpose of a statute, and also as an aid to construing ambiguous statutory language :* the preamble is not only a key to construing the express provisions of the Constitution Act, 1867, but also invites the use of those organizing principles to fill out gaps in the express terms of the constitutional scheme :* it speaks of the desire of the founding provinces “to be federally united into One Dominion”, and thus, addresses the structure of the division of powers :* by its reference to “a Constitution similar in Principle to that of the United Kingdom”, the preamble indicates that the legal and institutional structure of constitutional democracy in Canada should be similar to that of the legal regime out of which the Canadian Constitution emerged :* it points to the nature of the legal order that envelops and sustains Canadian society. In ''Reference re Manitoba Language Rights">Re Manitoba Language Rights'' that is described as “an actual order of positive laws”, which is embraced by the notion of the rule of law :* one example where the Court has inferred a fundamental constitutional rule which is not found in express terms is the doctrine of full faith and credit, where the courts of one province are under a constitutional obligation to recognize the decisions of the courts of another province (as noted in '' Hunt v. T&N plc'') :* another example where the Court has inferred a basic rule of Canadian constitutional law despite the silence of the constitutional text is the doctrine of

paramountcy Suzerainty () is the rights and obligations of a person, state or other polity who controls the foreign policy and relations of a tributary state, while allowing the tributary state to have internal autonomy. While the subordinate party is calle ...

:* it also provides for the constitutionalization of legislative privileges for Parliament and the provincial legislatures, to ensure that they can perform their functions free from interference by the Crown and the courts :* there is interdependence between democratic governance and freedom of political speech, and only Parliament can legislate any limitation of political expression :* the judicial independence of the courts is guaranteed

Notable cases

* '' Re Manitoba Language Rights'',

985 Year 985 ( CMLXXXV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Henry II (the Wrangler) is restored as duke of Bavaria by Empress Theoph ...

1 SCR 721, 1985 CanLII 33 (SCC)

Related provisions of the ''Constitution Act, 1867''

Section 9 of the Act states that the executive authority is vested in the Queen.