Decoding: The Constitution of Canada

by Apathy is Boring — March 26, 2010

What is a constitution? 

Basically, the constitution is the law that all must abide by in Canada - even the highest of government officials. Think of a user’s manual that lawmakers must follow carefully for the country to work properly. That’s right, even the Prime Minister has to consult it. Constitutions define what processes must be respected when making a project into law. Also, laws can be re-examined or even discarded later if their application is found to violate our constitution. 

Where did ours come from and what is in it?

The Canadian Constitution is made up of multiple elements. Central to its use are two main acts: the Consitutition Act of 1867, which was passed by the British Parliament to establish Canada as a country, and the Constitution Act of 1982, which made our constitution fully Canadian and added the Charter of Rights and Freedoms.

The Charter of Rights and Freedoms is among the most important and most controversial part of our constitution. The Charter is used to protect individuals from being discriminated against by laws and policies. If someone challenges a law by through the courts, the Charter is used to determine the law’s validity - something that frequently occurs during with disagreements over minority rights.

Constitutional conventions

Canada does have a written constitution, but it also relies on unwritten rules. These "constitutional conventions: are customs and traditions that guide the government. If a government violates one or more of them, they will be called on it by opposition parties and by society as a whole. So constitutional conventions still have clout, and they have the advantage of being able to evolve more easily through time. Examples of these conventions in Canada are the vote of non-confidence that can bring down the government, or the Prime Minister’s selection of cabinet ministers who oversee the different government departments. 

Changing the constitution

Although it represents permanence and stability in government, our constitution can still be changed. Constitutional changes (called amendments) are often required to adapt to changing circumstance. Most parts of the Constitution Act can be amended with a majority vote in Parliament and two thirds of provincial legislatures, but some parts need a majority in all provincial legislatures as well.

How can we use the constitution?

So there you have it folks. Next time you see a law in Canada that seems to violate the guiding principles of our country or discriminates against individuals, look it up! It might just be unconstitutional. There are courts in every province that are devoted to reviewing Canada’s existing laws and provide citizens with a means to challenge legislation. Cases on challenging legislation will often go to all the way to the Supreme  Court, where the buck stops and the law is changed.


Here are some resources that would help us further understand that process:

Both Constitution Acts in full

CBC Archives Dossier : “Charting the Future: Canada's New Constitution”

Canada In the Making

The Canadian Encyclopedia, Youth Encyclopedia 

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