The Constitution

By definition, constitutional laws define the powers and limits of government and override all other statutes inconsistent with their principles. Canadian constitutional law follows this convention, setting out the basic framework of democratic government in Canada and entrenching certain fundamental principles within the supreme law of the country.

Prior to 1982, the British North America Act, 1867 (BNA Act)—a British statute—held supremacy over all Canadian laws and was regarded as the foundation for Canada's constitutional law. When the United Kingdom passed the Canada Act, 1982, Canada's own constitution was born and British law ceased to extend to Canada.

The Constitution Act, 1982 received the approval of Canada's Parliament and all provinces except Quebec. The Constitution Act, 1982 and the Constitutions Acts, 1867 to 1975 collectively make up the Canadian constitution. The constitution defines the powers of the three branches of government (executive, legislative and judicial), the distribution of powers between the federal and provincial governments, and the rights of Aboriginal peoples of Canada. It also outlines the procedure for making constitutional amendments.

The most notable section of the Constitution Act is the Charter of Rights and Freedoms, entrenched as Part I of the constitution of Canada.