The Canadian Bill of Rights

The Canadian Bill of Rights

The Canadian Bill of Rights

Click on image above to see it full sized in a new tab then right click on it to download it.

Commentary;

The Canadian Bill of rights, are your human rights.

The Canadian Charter does not state the human anywhere in the document…the charter only applies to the corporate employees of the Corporation of Canada.

Please understand that Canada is our Common Wealth Country where we the common people are are the government.

Our Common Law government only gets its authority if we the people give it our authority. and not the other way around.

The peoples government has no authority over us. The only law in Canada is Common Law and not corporate law.

Prime Minister Trudeau committed the most serious crime against Canada by shutting down the function of the Bank of Canada. We the common peoples bank.

The only real bank that has the authority to create and put money into our economy.

When Trudeau gave the creation of money to corporate banksters.

The Banksters then went about stealing our country with their fake money they create on a computer bank account screen.

Now all our public utilities have been stolen by corporate criminals.

All the the peoples common law governments across Canada have now been taken over and have been corporatized.

We the people have been dis empowered and have lost our common sense ways.

The less common sense a person has, the stranger they get.

Now we have all become strangers, strangers to common truth.

We need to take the corporate criminals out of our governments.

If you want to understand how this take over took place please read “Corrupt Canadian Elections (vote fixing)

https://canadiansituations.wordpress.com/2012/06/05/corrupt-canadian-elections-vote-fixing/

For rights of the disabled see. https://wheelchairrights.wordpress.com/2012/01/16/u-n-treaty-for-rights-of-persons-with-disabilities/

Daniel J Towsey

https://canadiansituations.wordpress.com/prime-minister-john-diefenbaker/

Canada Is A Commonwealth

Bill of Rights in Canada

The 1960 federal Bill of Rights was an important step in the evolution of human rights in Canada. Following two petitions submitted to Parliament by Jehovah’s Witnesses, many of whom were arrested in Québec during the 1940s, the Bill was championed by Prime Minister John Diefenbaker, who had been a strong defender of the Witnesses during the Second World War.

The Bill had several weaknesses: it had no constitutional force and could be amended in Parliament like any other law. It was restricted to federal matters, and did not affect the provinces in any way. The Bill of Rights made little legal impact, but its shortcomings demonstrated the importance of a constitutional bill of rights and paved the way for the Charter.

Canada is a Common Wealth and NOT a Corporation

https://canadiansituations.wordpress.com/2013/08/18/canada-is-a-common-wealth-and-not-a-corporation/

SCROLL down for The Canadian Charter of Rights and Freedoms (Documents)

Click on image then click on it again to download the full sized extra large image, right click to download.

The Canadian Bill of Rights..

NOTE..This has an actual John Diefenbaker signature. singed in Sept 26 1976..at the age of 81, one year before he died.

You can download this high resolution photo in this PDF file. Great for printing.

Right click this link to download it.

The Canadian Bill of Rights (Photo).pdf

 

http://www.dtic.mil/dtic/tr/fulltext/u2/a564120.pdf

http://www.dtic.mil/dtic/

UN adopts landmark bill for disabled rights

The UN General Assembly Wednesday adopted the first UN convention to protect the rights of the disabled.

The convention, which will protect the rights of more than 600 million disabled persons, requires countries to adopt laws prohibiting discrimination on the basis of any form of disability, from blindness to mental illness.

Its purpose is to “Promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.”

It also protects the rights that have already been granted, such as ensuring wheelchair-accessible buildings.

Upon ratification participating nations must eliminate any existing laws that discriminate against the disabled.

Nations will be largely responsible for enforcing the rights, though an optional protocol to the treaty binds states accused of violating the terms to respond to a complaint through a proceeding before a special committee.

http://www.cbc.ca/news/world/un-adopts-landmark-bill-for-disabled-rights-1.609133

Below the comments you will find the full text of the Canadian Charter.

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https://en.wikipedia.org/wiki/John_Diefenbaker

John George Diefenbaker, PC, CH, QC (September 18, 1895 – August 16, 1979) was the 13th Prime Minister of Canada, serving from June 21, 1957, to April 22, 1963. He was the only Progressive Conservative (PC or Tory) party leader between 1930 and 1979 to lead the party to an election victory, doing so three times, although only once with a majority of seats in the Canadian House of Commons.

Diefenbaker was born in southwestern Ontario in 1895. In 1903, his family migrated west to the portion of the Northwest Territories which would shortly thereafter become the province of Saskatchewan.

He grew up in the province, and was interested in politics from a young age. After brief service in World War I, Diefenbaker became a lawyer. He contested elections through the 1920s and 1930s with little success until he was finally elected to the House of Commons in 1940.

In the House of Commons, Diefenbaker was repeatedly a candidate for the PC leadership.

He attained leadership of the party in 1956, leading it for eleven years. In 1957, he led the party to its first electoral victory in 27 years; a year later he called a snap election and spearheaded the Tories to one of their greatest triumphs.

Diefenbaker appointed the first female minister in Canadian history to his Cabinet, as well as the first aboriginal member of the Senate. During his six years as Prime Minister, his government obtained passage of the Canadian Bill of Rights and granted the vote to the First Nations and Inuit peoples.

In foreign policy, his stance against apartheid helped secure the departure of South Africa from the Commonwealth of Nations, but his indecision on whether to accept Bomarc nuclear missiles from the United States led to his government’s downfall.

Diefenbaker is also remembered for his role in the 1959 cancellation of the Avro Arrow project.

Even though factionalism within the party was muted by Diefenbaker’s electoral success, it surged again as the Progressive Conservatives lost support, falling from office in 1963, and his opponents were able to force a leadership convention in 1967.

Diefenbaker stood for re-election as party leader at the last moment, but only attracted minimal support and withdrew.

He remained an MP until his death in 1979, two months after Joe Clark became the first Tory Prime Minister since Diefenbaker.

Readers Comments.

Joe Bucks says, Is this worth the paper it’s printed on?

Canadian Situations says, it is worth fighting for..it has no value unless YOU put the value on it…

Scott Duncan says, “The Bill of Rights is American” –

EVERY Canadian cop says this (Making them legally incompetent for the job) and a printed copy is fun to have on hand.

Laura Ludwig says, Did you create this bill of rights Daniel J Towsey, I see your signature. John George Diefenbaker must have thought this was worth signing to sign it. Is this on file with the gov?

Canadian Situations says, Laura.. I signed this document to prove that i own it..Plus I signed it to put my approval and endorsement on it.. Plus if you read this you will discover that I sat across the prime minister Lester B. Pearson’s desk in late 1967. And freely walked the halls of Ottawas Parliament. I never met Diefenbaker.. But I learned of his legacy and the meaning of Common Law..

https://canadiansituations.wordpress.com/2012/06/05/my-visits-to-ottawas-parliament/

Laura Ludwig says, really nice.

 

See this highly detailed post of the History of Human Rights in Canada

http://www.thecanadianencyclopedia.ca/en/article/human-rights/

The Freeman View: Bill of Rights VS. Charter of Rights & Freedoms

Published on Nov 21, 2012

Canadian Bill of Rights VS. the CORPORATE Charter of Rights and Freedoms CONSENT OF THE GOVERNED The Freeman Movement Defined Canadian Bill of Rights Freeman on the land Robert Menard dean clifford

COMMENTS: Newer comments are on top

IonUCanada

Excellent Video… Detailed and precise info! However, on the issue of property rights not being in the Charter – they actually are hidden in section 26.
It’s not as obvious as the CBR 1960 but still in the Charter under the heading of “General” Sec 26 states:

“The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of ANY OTHER RIGHTS OR FREEDOMS THAT EXISAT IN CANADA.” … other rights includes/means property rights. Ta Da!?
Reply

WakeUpToTheNWO2

I see what you mean.

However, I have done more research on this topic, and I have come to the conclusion that the REAL difference between the 2 documents is that the BILL lists the rights of the INDIVIDUAL, whereas the CHARTER has no individual rights whatsoever.

In truth, the CHARTER is for the rights of SOCIETY AS A WHOLE.

A perfect example of this was the recent striking down of the prostitution laws. That case began in lower courts as a fight for the rights of the INDIVIDUAL (one prostitute), and ended up being a fight for the rights of ALL prostitutes in Canada or in other words, SOCIETY AS A WHOLE.?
Reply

msslilyofgoldenia

+WakeUpToTheNWO2 CANADA is a state signatory to the Universal Declaration of Humain Right (UN), could it be that our right is protected by that declaration and section 26 might refer to that??
Reply

Stépheuni Pepinsky

+WakeUpToTheNWO2

About the prostutution law, the case is about the inconstitutionnality of the dispositions of the Criminal Code about prostitution.
It has ALWAYS been about ALL prostitutes, as the Criminal Code applies to everybody.
Even if it’s only one prostitute goes in court with the case.
The lower courts and Supreme courts treat of the same case with the same legal questions and the same legal tests.
Except for the fact that a Supreme court decisions are more important because of the rule of the stare decisis, there really isnt any difference as the case goes up.
The prostitutes could have decided to based their case on the article 7 Charter or on the article 1 Bill of Rights, that doesnt change a thing.?
Reply

FolkPhotographer

This is no property rights in Canada..There is only Deeds..Meaning you stake your claim by posting four markers and a year later if no one disputes your claim you then apply for a deed.. Which just means in deed you have a claim. Canada is common wealth where the whole country always belongs to the common people…?
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Kyle Findlay

Corporations are people my friend. Just ask the American government. ?
Reply

T crow

Canada as a state party to the UN and is obligated by 2 important documents call the International Covenant of Civil and political Rights and International Covenant of Social and Cultural Rights. Canada had to by international law, enter the human rights into Canada’s charter…which they did.
You just have to understand the word magic. ?
Reply

WakeUpToTheNWO2

The CHARTER has nothing what-so-ever to do with “Human Rights”.

As I stated in this video, the word “HUMAN” doesn’t appear in the CHARTER even one time.

The purpose of the CHARTER was to move Canada into a COLLECTIVIST system, where the rights of the INDIVIDUAL are sacrificed for the GREATER GOOD of the group as a whole !!!

The BILL OF RIGHTS is where your INDIVIDUAL RIGHTS are listed – and it features the word “HUMAN” 4 times !!!?
Reply

T crow

+WakeUpToTheNWO2
Fuck the UN too…no good for nothin. Stay away from all their stuff too.?
Reply

T crow

+WakeUpToTheNWO2

CHAPTER S-16
Surety Bonds Act
1(1)Subject to section 5, the council of a municipality or rural community may accept the bonds or policies of guarantee of any incorporated company,
empowered to issue or grant guarantee bonds or policies and approved of by the Lieutenant-Governor in Council as provided by section 5,
for the integrity and faithful accounting of any of their officers,
instead of or in addition to the bond or security of the officer or servant of the corporation,
in all cases when by law or a by-law of the governing body the officer or servant is required to give security,
either by the officer or servant or by the officer or servant and a surety or sureties,
and where the parties directed or authorized to take such security see fit to accept the bond or policy of the company,
and approve the terms and conditions;
and all the provisions in the law or by-law relating to the security to be given by the officer or servant or his or her sureties apply to the bonds and policies of guarantee of the company.
1(2)Such bonds or policies of guarantee may be taken instead of, or in substitution for, any existing securities, in which case,
if the persons directed or authorized as aforesaid see fit,
such existing securities may be delivered up to be cancelled.

R.S., c.222, s.1; 1966, c.109, s.1; 2005, c.7, s.80.
2(1)The Lieutenant-Governor in Council may authorize and require any and all public officers or servants of the Crown,
where by law or by Order in Council such officers or servants are required to give security, to give,
and when so requiring may accept,
the like policies of guarantee or bonds, as mentioned in section 1,
from such public officers and servants instead of or in addition to other security required;
and any Act of the Legislature or Order in Council relating to such security applies to the bonds or policies of guarantee;
and when bonds or policies of guarantee as aforesaid are accepted in substitution for existing securities,
the Lieutenant-Governor in Council may authorize the existing securities to be delivered up to be cancelled.

2(2)Where a public officer or servant of the Crown is required to give security by a bond or policy of guarantee of an incorporated company,
as aforesaid, the Lieutenant-Governor in Council may, by Order in Council, order that the whole,
or such percentage as he may see fit,
of the premium payable in respect thereof, shall be borne by the Province and paid out of the Consolidated Fund by warrant in the usual manner;
and the Lieutenant-Governor in Council may make a contract for such time,
and upon such terms and conditions,
as he may see fit, and upon the expiration of any such contract, continue the same,
or make a new contract with any incorporated company,
so approved as provided by section 5 and empowered to issue or grant guarantee bonds or policies as aforesaid,
to issue policies of guarantee, or bonds,
as security for any public officers or servants of the Crown required by any statute, or by order of the Lieutenant-Governor in Council,
to give such security.

R.S., c.222, s.2.
3Where a person appointed by a Court to an office or position requiring or authorizing the performance of any duty,
or the exercise or discharge of any trust,
and by law the person so appointed is required at the time of his appointment,
or may be required subsequently thereto,
to give any bond or security for the performance of the duties or trusts confirmed to him or in connection with the office or position to which he is so appointed,
the Court appointing him may by order require or allow that the person so appointed give security to the amount by law required by the policy or contract of indemnity or security of an incorporated company having the right to do business in the Province,
and incorporated with power to become sureties or guarantors in such case,
and which shall be chosen and designated by such Court to give or become such surety.

R.S., c.222, s.3.
4(1)Where a person is, by law or by order of a Court,
required to give security to any other person or to the Queen for a sum of money or the performance of any act,
or the refraining from doing any act,
and in all cases where security is required to be given in a proceeding in a Court,
and in all cases where such security could be given by recognizance under the provisions of the Judicature Act,
such security may be given, if so permitted by the order of the Court,
or by competent authority in the matter,
by the policy or contract of security of any such incorporated company as is mentioned in section 3,
the company and the particular form and terms of the contract being subject to the approval of the Court or other competent authority.

4(2)Where surety is given by an order of The Court of Queen’s Bench of New Brunswick or a judge thereof,
the same shall be given to a clerk of the Court in his name of office,
and the contract of security shall be in such form as the Court or judge may order,
and where such security is given in a matter or proceeding in The Probate Court of New Brunswick,
its form shall comply with the requirements of the Probate Court Act.

4(3)In an action brought to recover an amount under said bond or security,
any and every order or judgment of the Court,
made in reference to any matter in respect to which the said bond shall have been given as security,
or that may come in question in a suit upon such bond,
shall be taken and deemed to be conclusive evidence of the facts found or stated in such order or judgment,
although the company shall not have been a party to the particular proceeding in which such order or judgment was made,
and in any such suit upon said bond or security the defendant shall not be allowed to plead,
or set up,
any laches upon the part of any person at whose instance,
or for whose protection, the bond or security was given,
without an order of a judge of The Court of Queen’s Bench of New Brunswick allowing such laches to be pleaded or set up,
which order shall be granted only after notice to the parties interested.

4(4)The enforcement of any bond, obligation or contract given under this Act to,
or in the name of a clerk of The Court of Queen’s Bench of New Brunswick may be by suit in the name of the said clerk subject to any order of the Court,
and for the benefit of any person interested;
or where such bond or security is given in respect to any proceeding that would, prior to July 1, 1966,
have been assigned to the Chancery Division,
any person interested may apply by petition or otherwise to the Court or a judge thereof for relief,
and, upon due notice of the application to all parties interested,
the Court may make such order as to the payment by the company of any sum due under or secured by such bond or security,
or of any part thereof, which order shall be subject to the like appeal,
as in cases of other orders or judgments made in the said Court,
and shall be enforceable by execution,
and may also be enforced in the same manner as any other order or judgment by the said Court.

4(5)When a bond or contract is given in The Probate Court of New Brunswick,
all the provisions of the Probate Court Act respecting bonds of sureties or other securities to be given in such Court shall,
as far as applicable,
apply and extend to such bond or contract.

4(6)It is not necessary for the principal for whom such bond or security is given,
to join in such bond or security,
and although the individual bond or security of the principal,
either with or without sureties,
may be required by the Court or competent authority in that behalf to be given,
no failure on the part of such principal or a surety to give such individual bond,
and no subsequent alteration or change of such individual bond,
shall relieve said company from liability on any bond or security,
or prejudice, or affect any security given by such company.
4(7)The premium upon the bond or security given may be made a charge upon the estate in respect of which it is given, where the judge so orders.

4(8)When the Court or judge so orders, service of a notice, summons,
process or order, may be made upon such company by mailing,
postpaid and registered, a copy of the notice, summons, process or order,
addressed to the said company at the place where the head office of said company is indicated in such bond or security to be at the time of the execution thereof,
or otherwise as the Court or Judge directs.
4(9)The bond or security shall, in any case that would, prior to July 1, 1966,
have been assigned to the Chancery Division, be taken for such amount as the judge deems sufficient,
having regard to all the circumstances, and orders.

R.S., c.222, s.4; 1979, c.41, s.117; 1980, c.32, s.40; 1986, c.4, s.50; 1987, c.6, s.109.

5(1)No bond or policy of guarantee of any incorporated company shall be accepted under this Act unless the company has been first approved by the Lieutenant-Governor in Council as a company that may issue bonds or policies of guarantee hereunder.

5(2)Upon such approval being given, notice of same shall be published in The Royal Gazette.

5(3)An approval may be at any time revoked by the Lieutenant-Governor in Council, by notice of such revocation published in The Royal Gazette,
but no such revocation shall in any way affect or impair the validity of any bond or policy or guarantee issued by any such company, or any rights or liabilities thereunder.
R.S., c.222, s.5; 1985, c.4, s.65.

N.B. This Act is consolidated to July 15, 2005?
Reply

WakeUpToTheNWO2

+T crow
#1 – The “Surety Bonds Act” was old legislation for the Province of New Brunswick.

#2 – It was REPEALED on Dec. 19, 2008 (in the aftermath of the 2008 Financial Collapse) by “An Act to Repeal the Surety Bonds Act”:

“Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Surety Bonds Act, chapter S-16 of the Revised Statutes, 1973, is repealed.”

PLEASE DO BETTER RESEARCH IN THE FUTURE !!!?
Reply

Cassie Kennedy

I have a question, “If a natural human, was to become a “person” in Canada, would they we protected under the charter? ei. buying a home under a corporation. ?
Reply

WakeUpToTheNWO2

#1 – A person can be a NATURAL person or an ARTIFICIAL person.

#2 – A Natural Person IS a Human Being.

#3 – An Artificial Person is NOT a “corporation” – it is legally defined as an ENTITY.

#5 – The Charter protects the rights of SOCIETY as a whole – however, under the Charter there is no such thing as a right to “the enjoyment of property”.

#6 – The right to “the enjoyment of property” is protected by the Canadian Bill of Rights.

#7 – Your right to “the enjoyment of property” depends on whether you registered your property under the LAND TITLES ACT – which splits the TITLE,
granting the Municipal Corporation (town or city) the LEGAL TITLE to the land, allowing them to charge you PROPERTY TAX !!!?
Reply

Cassie Kennedy

Thank you.. ?
Reply

T crow

In the Charter when it says “Everyone” has the right to liberty it stalking about human beings ie:
living man because natural person still is a fictional character and can’t have liberty rights.
Only a human living man can have freedom of movement rights that are already preordained by God. ?
Reply

WakeUpToTheNWO2

“when it says “Everyone” has the right to liberty it stalking about human beings ie:
living man because natural person still is a fictional character”

100% Incorrect.

In law, the word “everyone” means “every PERSON” – google it for yourself.

“Everyone” means every person in the group counted as a whole.

“Every One” (2 words) means each individual.

Secondly, a Natural Person is not a “fictional character”.

An Artificial Person is a “fictional character”, but not a Natural Person.?
Reply

T crow

+WakeUpToTheNWO2
My new opinion is dont worry about the Charter its not for man.
Stay away from the word human being just stick to man or wo(man) thats it.
Dont use their words at all cause they’ll fuck you everytime. Keep it common english and dont open your mouth in court.
Do everything in writting…I’m going to court again in November so i’ll let you know how I make out lol?
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T crow

Yes the Charter is most definitely a private charter but as a business operating on Canadian soil it has to by international law,
protect human fundamental rights.
That is why all public officers/ servants have to by law have to purchase surety bond insurance ( Surety Bond Act ).
And where does the money come from to purchase the bond? The Consolidated Revenue Fund…which is approved by Lieutenant-Governor.
So if any official tresspasses on your rights or injures you,
you put a Notice of action against all involved and get certified copy of there bond?
Reply

WakeUpToTheNWO2

“all public officers/ servants have to by law have to purchase surety bond insurance ”

I think that is only in the States. I can not find anything on the internet about that for Canada !!!

Essentially, the Crown is the Surety in Canada, as all laws in the Criminal Code are “binding on Her Majesty”.?
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T crow

Never ever call yourself a CITIZEN or RESIDENT…thats a title, a fiction.
Dont worry to much about finding their bonds,
if any public official causes you loss or harm file your own claim as a man or wo(man).
Do not use their forms…you’ll be under their jurisdiction.
On your claim you are the prosecutor as “i” the man and state you are “at” not “in” the provincial court or district federal court. Check out Karl Lentz on youtube or his sites?
Reply

T crow

You cannot but a claim on a bond until a criminal conviction has been made,?
Reply

Chronic’les of Sarnia

I appreciate this video very much?
Reply

Annie Fitzsimmons

The British just don’t want to let us go… :)?
Reply

H Horsley

Excellent video, At Uni I wrote my legal thesis on the evolution of ‘Dominion status’ and people think I am crackers when I say that those countries we used to call the ‘Dominions’
(Canada Australia, NZ et al) have their independence by the grace of the British Empire and that their constitutions are not really constitutions but UK Acts of parliament that say they will govern themselves in the same (or similar) manner as the UK.?
Reply

Storm Surge

If anyone can help me with a charter law.
What is the definition of “unnecessary”
8. Everyone has the right to be secure against unreasonable search or seizure?
Reply

WakeUpToTheNWO2

unreasonable, adj. (l4c)
1. Not guided by reason; irrational or capricious.
2. Not supported by a valid exception to the warrant requirement <unreasonable search and seizure>.
– BLACK’S LAW DICTIONARY, 2009

Keep in mind, this is an American Law Dictionary definition,
but I suspect the Canadian definition would be the same.
It is definition #2 that pertains to unreasonable search or seizure.

What this means is basically, police must follow a set of rules.
If they go outside those rules, they must have a “valid exception to the warrant requirement”, meaning,
they have to be able to prove (to a judge) that there was a valid reason for doing so,
otherwise the search or seizure will be deemed “unreasonable”.?

Police will often use “fear for the officer’s safety” as a valid reason for an unreasonable search.?
Reply

Storm Surge

+WakeUpToTheNWO2 Thanks alot for your time, this is becoming more clear.
Although the seizure was not initiated by a cop.
I was initiated my the state through the garnishing of wages.
Would I be wrong if I was to say that in this instances.
The state/province would only have access to my wages if I committed a crime?
I am seeing all over the net that a crime has to be committed in order to have a seizure!
This issue does not have to do with “child support”, cause, if a child is neglected, then it is a crime,
and then there would be tort for garnishing the wages, in my case it is a civil suit! ?
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WakeUpToTheNWO2

+Storm Surge I think for your case, “unreasonable search and seizure” does NOT apply.

Usually “unreasonable search and seizure” only applies to those who have been stopped and/or placed under arrest by the police
(and the subsequent search of a residence or vehicle).

I have never heard of it being used to stop wage garnishing.
If you have a CIVIL judgement against you,
then this is merely a case of the government intervening on behalf of the injured party.

I am not certain of the circumstances of your case, or what the injured party claims you did – but in the end, you lost the case – PAY UP !!!

If you came here to look for a way to get out of having to pay the injured party – you have come to the wrong man.

An honorable man pays his DEBT when he has injured (dishonored) another party.?
Reply

Storm Surge

+WakeUpToTheNWO2Thanks for your help again!
Yes, I agree with you, although the landlord violated,
“landlord and tenant Act”,
I could not believe the judge did not mention the fact that I entered evidence and did not mention it in the judgement.
I am willing to pay some money but not all.
Section 8 applies to all levels of government according to the Canadian Constitution.
Section 8 does not combine “search and seizure” together. Our Charter say’s, “search ‘or’ seizure”.
I tried to contact the landlord to work-out a deal, but the landlord does not reply.
I am only working one day a week now atm because of a sickness, therefore,
I am within my exemption of 800 dollars a month.

According to Black’s dict; Since the Constitution only applies to crimes as being reasonable.
It would be safe to say that, I am in my full right to section 8 of the constitution.
The only “probable” cause would be evidence of a crime or a conviction of a crime!

Seizure

n. (15c) The act or an instance of taking possession of a person or property by legal right or process; esp.,
in constitutional law,
a confiscation or arrest that may interfere with a person’s reasonable expectation of finding evidence of a crime – Because the Fourth Amendment prohibits,
Unreasonable searches (as well as seizures), a search cannot ordinarily be conducted without probable cause.
unreasonable, adj. (14c)
1. Not guided by reason; irrational or capricious.
2. Not supported by a valid exception to the warrant requirement <unreasonable search and search seizer>.

Canadian Constitution
https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CC0QFjAA&url=http%3A%2F%2Flaws-lois.justice.gc.ca%2FPDF%2FCONST_E.pdf&ei=zyh6U6rJN4f0oASM4oBI&usg=AFQjCNHzVbfwUtL_YK7e0VOIAvBX08IICQ&sig2=GcaebLbBxvyMA3MQKnCaHQ&bvm=bv.66917471,d.cG

Thanks again?
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mike rossiter

Unnecessary would be excessive.?
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Stépheuni Pepinsky

Great video overall but still a lot of problems with a lot of stuff you said…
In 1931, the Britishs gave the independance to all of its colonies.
They all chose to became independant right away except for the Canada because the provinces and the federal couldnt get along on many important constitutionnal subjects,
as the division of their new competences (91 and 92 of the constitutionnal law of 1982).

They wanted to get rid of us for a looong time, I think you should get back to your history documents…
Also, in human rights law,
the use of «human rights» and «rights of the person»,
«rights of man», etc. as been debated for a long time on the international scene.
You really can’t conclude anything serious about that of anything about the number of use of the word «human».
And the article 32 means that the Charter applies to the State (Parliament and law,
government and gouvernemental action) in its relation with the citizens.
You’ll find the same thing in different words at the articles 2 and 5(2) of the Bill of rights.
It means that all the actions taken by the state have to be conform to the Charter and that the Charter can’t be invoked in a private persons dispute.
There are so many judgements eaily accessible on the web (canlii.org),
how can you even say that the Charter can only be invoked by the governement employees??
Go back to your constitutionnal law bascis and get your stuff right,
you risk to confuse people about the fact that those rights DO exist.?
Reply

frankjames1980

and it applies to Canadian Citizens?
Reply

frankjames1980

i like a good conspiracy theory as much as the next guy, but this dude is confusing me.
to all of you i say, “take the time to educate yourselves on your rights and what all of these words mean.”
not telling us the meaning of some of the terms he used, and then using them a whole bunch is a little twisted, and misleading.?
Reply

WakeUpToTheNWO2

+frankjames1980 Apparently you seem think the term “educate yourselves” means
“rely on others to supply you with the answers” !!!

Educating yourself means exactly that … TEACH YOURSELF !!!

I did … I downloaded 14 different LAW DICTIONARIES, and taught myself !!!?
Reply

frankjames1980

kinda what i was getting at… educate yourself. don’t rely on others’?
Reply

frankjames1980

natural person? he wont tell us, but he uses it so much.
it seems to be kind of important to his video.
“52. (1) The Constitution of Canada is the supreme law of Canada,
and any law that is inconsistent with the provisions of the Constitution is,
to the extent of the inconsistency, of no force or effect.”
most important line in the charter of rights and freedoms.
we all need to educate ourselves. it’s important?
Reply

WakeUpToTheNWO2

+frankjames1980 “natural person? he wont tell us, but he uses it so much.

Apparently you seem think the term “educate yourselves” means “rely on others to supply you with the answers” !!!

“most important line in the charter of rights and freedoms.”

The corporate CHARTER is completely useless for defending your INDIVIDUAL RIGHTS !!!

The CHARTER only protects the rights of SOCIETY as a whole – not INDIVIDUALS !!!?
Reply

frankjames1980

i know right?! his video kinda depends on the term “natural person”?
Reply

SimplySimplistic

i coudnt find out what a natural person and a artificial person could someone explain what they are?
Reply

aj arj

This video has really opened my eyes. I’m very new at learning this stuff but everyday a new world opens up.
I’m going to learn this topic inside out.
Thank you for this video.
What is really depressing, is that a FANTASTIC and IMPORTANT video like this has 8000 hits and some garbage about justine bieber has millions.?
Reply

WakeUpToTheNWO2
in reply to Christopher Miller

A Constitution is in law a “SOCIAL CONTRACT”, which is defined as:
The expressed agreement between citizens and their government by which individuals agree to surrender certain freedoms in exchange for mutual protection; an agreement forming the foundation of a political society. Did you “express agreement” to “surrender certain freedoms”? I know I sure as hell didn’t !!!
Christopher Miller

in reply to WakeUpToTheNWO2

To the extent Canada has has a “corporate” identity,
it is only in virtue of the Crown’s existence as a “corporation sole”.
Before 1982 as after, Canada has constitutionally been nothing but “Her Majesty the Queen in right of Canada”.
The whole of the state or Crown — the Queen in Council, the Queen in Parliament,
and the Queen on the Bench — is embodied in the Sovereign acting by and with the advice of the three bodies.

WakeUpToTheNWO2
in reply to Christopher Miller

The word citizen is defined in law as a person who owes allegiance to a political community.
~ Black’s Law Dictionary, 9th Edition The word allegiance is defined in law as a citizen’s obligation of fidelity and obedience to the government in return for the benefits of the protection of the state. ~ Black’s Law Dictionary, 9th Edition SOUNDS LIKE SLAVERY TO ME !!!

WakeUpToTheNWO2
in reply to Christopher Miller

Look up the court case R. v. Dell This was a case where a guy was beat up by security at bar that he was thrown out of.
He sued the bar for violating his rights under the corporate charter.
The judge ruled: “Private security guards are neither government agents nor employees …
it cannot be said that the security guards were acting as delegates of the government carrying out its policies or programs.”

WakeUpToTheNWO2
in reply to Animkigabo

“I am confused, I have a SIN, yet? I NEVER asked for it.”
This means your parents APPLIED for the SIN for you when you were younger,
or even at the same time as the birth certificate.
If you look on the government website for registering a newborn’s birth,
there is an option to apply for a SIN at the same time.

WakeUpToTheNWO2
in reply to MrEthanhines

“the SIN does not make a natural person a corporate employee”
The SIN has never made anyone a “corporate employee”, or an employee of the Federal Government.
In truth, the SIN makes those who APPLY for it a VOLUNTARY SERVANT !!! Does that answer your question?

Animkigabo
in reply to WakeUpToTheNWO2

I am confused, I have a SIN, yet I NEVER asked for it.

Christopher Miller
in reply to Christopher Miller

#2: I never said that. I know it’s not part of the Charter.
But the Charter is part of the Constitution of Canada, being Part I of the Constitution Act, 1982.
The Canadian Bill of Rights applies solely to Parliament and, by the wording of s.2,
bars anyone from interpreting Acts of Parliament so as to allow persons under their authority to violate the rights enumerated there.
Same “corporate” (as you put it) effect.

ogopaulo

wow! very good! i needed that. thanks

WakeUpToTheNWO2
in reply to Christopher Miller

Let me break it down for you:
CROWN CORPORATION – C.E.O. Elizabeth II (aka House of Windsor)
CANADA – C.E.O. David Johnston (aka Governor General)
GOVERNMENT OF CANADA – C.E.O. Stephen Harper (aka Prime Minister)
PROVINCE OF ONTARIO – C.E.O. Kathleen Wynne (aka Premier)
CITY OF TORONTO – C.E.O. Rob Ford (aka Mayor)
EVERYTHING IS A CORPORATIOn …PERIOD !!!

Christopher Miller
in reply to WakeUpToTheNWO2

#1: No. It applies to Parliament/the legislatures and their governments.
It restricts the content of laws Parliament and the legislatures can pass and also obliges them to legislate to ensure equality of treatment in conformity with the Charter.
The government employees question is merely one aspect of its application to Canadian governments.
You can call this a “private corporate charter” if you want,
but then you have to take the position that the Queen in Council is a private corporation.

Christopher Miller
in reply to WakeUpToTheNWO2

Here’s the difficulty: you claim it applies only to government employees.
The Canadian Heritage site’s comment applies only to the way it applies *directly*.
But again, what is in the authority of Parliament and the government or the legislatures and governments of the provinces is what is set out in Part VI of the 1867 Act,
“Distribution of Legislative Powers”:
Parliament and the legislatures together can legislate on anything including what private businesses and individuals can or can’t do.

Christopher Miller
in reply to WakeUpToTheNWO2

Now I see what you are talking about.
This is only half the question: actions of private individuals ungoverned by any specific statute and actions of officers subject to the Crown,
either of Parliament/a legislature or the executive.
Sure, the distinction applies there,
but for anything under Parliament’s or a legislature’s jurisdiction
(which together amount to anything under the sun), they can legislate to enforce charter rights, e.g. non-discrimination,
service in official languages etc.

CDNSOF7

Know your rights and a human being. God given rights cannot be taken away, they are god given.

WakeUpToTheNWO2
in reply to Christopher Miller

I assume that you are completely unaware that there is a SEPARATE document that deals with PRIVATE human rights in the CORPORATION called CANADA?
This document is called the Canadian Human Rights Act, which was passed in 1977.
This is where PRIVATE human beings turn to in order to sue a bar for their security beating them up.
I am starting to realise that you actually are not as smart as you think you are !!!

Christopher Miller
in reply to Christopher Miller

“Equality Rights 15.
(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular,
without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
” Hence the obligatory nature of the CHRA, which after 1982 springs from “the right to the equal protection and equal benefit of the law without discrimination” (etc.).

Christopher Miller
in reply to WakeUpToTheNWO2

I have long been aware of the Canadian Human Rights Act.
It is an Act of Parliament that extended human rights protections beyond the barebones basics in the Canadian Bill of Rights,
based on Parliament’s legislative jurisdictions.

This was done while the Trudeau government was still trying to entrench a charter in the Constitution.

The CHRA is one of the legislative extensions of the principle in the Charter’s s.32(a) that I was referring to.

The Charter’s s.15 made the CHRA an obligation.

MrEthanhines

I would be interested in seeing your video proof of how the SIN does not make a natural person a corporate employee.
You could call it Freeman Myths #4

Jonathan Seagull
in reply to Jonathan Seagull

or better yet, Stand on the Bill of Rights and claim “Your demands of me are inconsistent with your private corporate charter, section 32”. ?

WakeUpToTheNWO2
in reply to Jonathan Seagull

This is where BOTH Robert Menard & Dean Clifford are 100% WRONG !!! Under your SIN number,
you are NOT am “employee” of the Federal Government?
– you are a “REGISTERED VOLUNTARY SERVANT” of the Federal Government.
What is the difference between an “EMPLOYEE” and a “VOLUNTEER”??? ANSWER – one gets paid,
and the other doesn’t !!! Regardless,
the rules of the Federal Government apply to both “EMPLOYEES” and a “VOLUNTEERS” !!!

WakeUpToTheNWO2
in reply to anon awaken

WRONG – This is where people get confused.
You are calling the ALL CAPS name a “corporation”, when it is not. It is an “ARTIFICIAL PERSON”.
An Artificial Person is a fictional entity, “such as a corporation”, that has been giver certain legal rights of a human being.
The “such as” is meant to be used as an example of what a “fictional entity” is.
A corporation is not the ONLY type of “fictional entity” that can be legally labeled an ARTIFICIAL PERSON.

WakeUpToTheNWO2
in reply to Christopher Miller

So, what have we learned?
#1 – You were WRONG about the FACT that the CHARTER is in fact a PRIVATE corporate charter,
only applicable to government employees.
#2 – You were WRONG about the FACT that Section 52 of the Constitution Act is NOT actually a part of the corporate charter.
#3 – You REFUSED to even acknowledge legal definitions from court accepted LAW DICTIONARIES.
#4 – You think you are smarter than you actually are – UNTIL YOU MET ME (LOL) !!!

chris king

More Canadians should see this

WakeUpToTheNWO2
in reply to Jonathan Seagull

Dude, you have a lot to learn. For example, you state,
“claim any charge is of no force or effect”.
“any charge” is a tall order, and carries no weight.
Are you talking about a MURDER charge, a RAPE OF A 5 YEAR OLD MINOR charge,
or are you talking about a SPEEDING TICKET???

Christopher Miller

A constitution is what it defines itself as. Not what some external commentator says.
I see you have a rather eccentric understanding of slavery.

Perhaps you would like to construct yourself a little island raft somewhere,
all the other remaining land being under the rule of what you take to be slavedrivers.

I should point out that the “application” clause of the Charter has nothing to do with government employees.

It refers to the 1867 Act’s ss. 91-101 distribution of legislative powers.

Christopher Miller

“Technically, it’s not a real constitution”?
Britain itself doesn’t have a single constitutional document.

The British constitution is just the set of laws,
customs and conventions that form the basis of how government works there.

Ours is based on that constitution with the other 31 texts added on top.

What the Canadian Constitution is is “technically” defined by section 52 of the 1982 Act.

This is *not* a “private, corporate charter”: you are making things up.

WakeUpToTheNWO2
in reply to Christopher Miller

I meant that the CHARTER OF RIGHTS AND FREDOM was a “private corporate charter” (as opposed to the entire Constitution).
The CHARTER only consists of 34 sections,
ending with the Citation. Section 52 is NOT even a part of the CHARTER.

Christopher Miller

You are reading something into the wording of the Charter that is not there.
There is no way it can be interpreted as you think it is,
and the courts have repeatedly interpreted it according to the same broad constitutional principles as the Bill of Rights.

“We the people” is an American phrase.
They never actually voted on their constitution either.
Only their elected representatives, in the various states.
Just like here and most countries around the (therefore “PATHETIC”?) world.

Christopher Miller
in reply to WakeUpToTheNWO2

#4: Well, you can imagine I think whatever you wish to.
Your access to my thoughts, from my point of view, is severely limited and inaccurate.

WakeUpToTheNWO2
in reply to Christopher Miller

Nothing of which you said or quoted refutes anything that I stated.
Of course the had a legal obligation to tell us what our HUMAN RIGHTS are before they transformed the country known as “Canada” into the corporation known as “CANADA”.

Apparently you have never seen the listing of the company known as “GOVERNMENT OF CANADA” on Dun and Bradstreet (d & b DOT ca). ”
GOVERNMENT OF CANADA”,
also traded as “STEPHEN HARPER”

WakeUpToTheNWO2
in reply to Jonathan Seagull

“to claim any charge is of no force or effect,because crown needs to prove that charged human was implementing government business.

” Section 32 was put in place so that you can SUE the government if any of their employees violate your “Charter Rights”.

It has absolutely NOTHING to do with any kind of DEFENSE in a criminal proceeding against “the Crown”.

They already know that you are NOT a government employee, and that you are NOT “performing a specific function of government”. DUHHH !!!

WakeUpToTheNWO2
in reply to Christopher Miller

THE BOTTOM LINE IS: If you, as a FREE HUMAN BEING,
are not at all bothered by the FACT that every aspect of your FREE human existence is GOVERNED & CONTROLLED by CORPORATIONS,
than there is something seriously wrong with the wiring in your brain !!!

Christopher Miller
in reply to WakeUpToTheNWO2

#3: ? Law dictionaries can be used in courts for certain purposes,
but the ultimate definition of a constitution is up to the particular constitution.

It might be a single legal instrument, as in the US and many other countries,
or as in our case, the definition is found in s. 52 of the Constitution Act, 1982.

That’s all I was talking about. And by s.52, the Constitution of Canada is Canada’s supreme law.

WakeUpToTheNWO2
in reply to Christopher Miller

“the “application” clause of the Charter has nothing to do with government employees” SO WRONG !!!
Google “application of charter” and the first link that comes up is the Government of Canada’s CANADIAN HERITAGE website, where they state:
“The purpose of this section is to make it clear that the Charter only applies to governments,
and not to private individuals, businesses or other organizations.”

Jonathan Seagull

I would like to bring into discussion using Section 32 of the Charter in a defacto court to claim any charge is of no force or effect,
because crown needs to prove that charged human was implementing (paid by and working for government) government business.

Section 32 Application of Charter “The purpose of this section is to make it clear that the Charter only applies to governments,
and not to private individuals, businesses or other organizations.”

WakeUpToTheNWO2
in reply to Christopher Miller

It sounds to me as though you are defending and embracing a (so-called)
Constitution that was SUPPLIED to us, and was NEVER once voted upon by WE THE PEOPLE !!! Very sad indeed !!! PATHETIC in fact.

silkhead44

very accurate info…good job

WakeUpToTheNWO2
in reply to tritowns

There was full disclosure, just 99% of people didn’t read it.
It’s called the Income Tax Act in Canada.
I only have to read the first LINE to know it doesn’t apply to me:
“An income tax shall be paid, as required by this Act, on the taxable income for each taxation year of every person RESIDENT in Canada at any time in the year.”

I am not a RESIDENT in Canada, I was born on this land, and that is called “Domiciled in Canada” !!!
My wife is from the UK, but she is a PERMINENT RESIDENT here.

WakeUpToTheNWO2
in reply to Jonathan Seagull

Section 32 merely states that the Charter is only applicable AGAINST government employees.

Such as in the case, R.v. Dell, where a man sued a Bar and the security staff from that bar claiming that they had violated his “Charter Rights”.

The Judge threw the case OUT, siting that the Charter only applies to government employees,
and since the security staff at this bar were not “performing a specific function of government”,
then this case had no merit !!! NEXT DUMBASS !!!

tritowns
in reply to WakeUpToTheNWO2

and if that is not disclosed to us at the time it was signed for then that in itself would be a fraud,
which means that now i know i can tell them i know and that that contract is void.

silkhead44

Sect 52 of the charter……therefore all other Acts federally or provincial apply to government employees

anon awaken
in reply to WakeUpToTheNWO2

actually in a minor form the sin does corparatize you.
you so signed last name middle initial firs name, become a fictitious coporation,
and hence moneys can be issued to or from your corporation by any available means.
bills can be sent to you only through means of this corporation.
how ever this does not give you the rights of any corporation per say other than that which i above stated

————————————————————————————–

CanadianCharter

The french document is extra large and easy to read.

Scroll down below for text in English of the Charter.

CanadianCharterOfRights(FrenchFullSized)

http://laws-lois.justice.gc.ca/eng/Const/page-15.html
CONSTITUTION ACT, 1982 (80)
1982, c. 11 (U.K.), Schedule B
PART I
CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
Marginal note:Rights and freedoms in Canada

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
Marginal note:Fundamental freedoms

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

Democratic Rights
Marginal note:Democratic rights of citizens

3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Marginal note:Maximum duration of legislative bodies

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members. (81)
Marginal note:Continuation in special circumstances

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. (82)

Marginal note:Annual sitting of legislative bodies

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (83)
Mobility Rights
Marginal note:Mobility of citizens

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Marginal note:Rights to move and gain livelihood

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(a) to move to and take up residence in any province; and

(b) to pursue the gaining of a livelihood in any province.
Marginal note:Limitation

(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and

(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
Marginal note:Affirmative action programs

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

Legal Rights
Marginal note:Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Marginal note:Search or seizure

8. Everyone has the right to be secure against unreasonable search or seizure.
Marginal note:Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.
Marginal note:Arrest or detention

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right; and

(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Marginal note:Proceedings in criminal and penal matters

11. Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause;

(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and

(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Marginal note:Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Marginal note:Self-crimination

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
Marginal note:Interpreter

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Equality Rights
Marginal note:Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note:Affirmative action programs

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (84)

Official Languages of Canada
Marginal note:Official languages of Canada

16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.
Marginal note:Official languages of New Brunswick

(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.
Marginal note:Advancement of status and use

(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.

Marginal note:English and French linguistic communities in New Brunswick

16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.
Marginal note:Role of the legislature and government of New Brunswick

(2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed. (85)

Marginal note:Proceedings of Parliament

17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament. (86)
Marginal note:Proceedings of New Brunswick legislature

(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick. (87)

Marginal note:Parliamentary statutes and records

18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative. (88)
Marginal note:New Brunswick statutes and records

(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative. (89)

Marginal note:Proceedings in courts established by Parliament

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament. (90)
Marginal note:Proceedings in New Brunswick courts

(2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick. (91)

Marginal note:Communications by public with federal institutions

20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where

(a) there is a significant demand for communications with and services from that office in such language; or

(b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.
Marginal note:Communications by public with New Brunswick institutions

(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.

Marginal note:Continuation of existing constitutional provisions

21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada. (92)
Marginal note:Rights and privileges preserved

22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.
Minority Language Educational Rights
Marginal note:Language of instruction

23. (1) Citizens of Canada

(a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or

(b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,

have the right to have their children receive primary and secondary school instruction in that language in that province. (93)
Marginal note:Continuity of language instruction

(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
Marginal note:Application where numbers warrant

(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province

(a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and

(b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.

Enforcement
Marginal note:Enforcement of guaranteed rights and freedoms

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Marginal note:Exclusion of evidence bringing administration of justice into disrepute

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

General
Marginal note:Aboriginal rights and freedoms not affected by Charter

25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including

(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired. (94)

Marginal note:Other rights and freedoms not affected by Charter

26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.
Marginal note:Multicultural heritage

27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.
Marginal note:Rights guaranteed equally to both sexes

28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.
Marginal note:Rights respecting certain schools preserved

29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools. (95)
Marginal note:Application to territories and territorial authorities

30. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.
Marginal note:Legislative powers not extended

31. Nothing in this Charter extends the legislative powers of any body or authority.
Application of Charter
Marginal note:Application of Charter

32. (1) This Charter applies

(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and

(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
Marginal note:Exception

(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.

Marginal note:Exception where express declaration

33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
Marginal note:Operation of exception

(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.
Marginal note:Five year limitation

(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.
Marginal note:Re-enactment

(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).
Marginal note:Five year limitation

(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).

Citation
Marginal note:Citation

34. This Part may be cited as the Canadian Charter of Rights and Freedoms.

PART II
RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA
Marginal note:Recognition of existing aboriginal and treaty rights

35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

Definition of “aboriginal peoples of Canada”

(2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.
Marginal note:Land claims agreements

(3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.
Marginal note:Aboriginal and treaty rights are guaranteed equally to both sexes

(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. (96)

Marginal note:Commitment to participation in constitutional conference

35.1 The government of Canada and the provincial governments are committed to the principle that, before any amendment is made to Class 24 of section 91 of the “Constitution Act, 1867”, to section 25 of this Act or to this Part,

(a) a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and

(b) the Prime Minister of Canada will invite representatives of the aboriginal peoples of Canada to participate in the discussions on that item. (97)

PART III
EQUALIZATION AND REGIONAL DISPARITIES
Marginal note:Commitment to promote equal opportunities

36. (1) Without altering the legislative authority of Parliament or of the provincial legislatures, or the rights of any of them with respect to the exercise of their legislative authority, Parliament and the legislatures, together with the government of Canada and the provincial governments, are committed to

(a) promoting equal opportunities for the well-being of Canadians;

(b) furthering economic development to reduce disparity in opportunities; and

(c) providing essential public services of reasonable quality to all Canadians.
Marginal note:Commitment respecting public services

(2) Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation. (98)

PART IV
CONSTITUTIONAL CONFERENCE

37. Repealed. (99)
PART IV.I
CONSTITUTIONAL CONFERENCES

37.1 Repealed. (100)
PART V
PROCEDURE FOR AMENDING CONSTITUTION OF CANADA (101)
Marginal note:General procedure for amending Constitution of Canada

38. (1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by

(a) resolutions of the Senate and House of Commons; and

(b) resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.
Marginal note:Majority of members

(2) An amendment made under subsection (1) that derogates from the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the Senate, the House of Commons and the legislative assemblies required under subsection (1).
Marginal note:Expression of dissent

(3) An amendment referred to in subsection (2) shall not have effect in a province the legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment.
Marginal note:Revocation of dissent

(4) A resolution of dissent made for the purposes of subsection (3) may be revoked at any time before or after the issue of the proclamation to which it relates.

Marginal note:Restriction on proclamation

39. (1) A proclamation shall not be issued under subsection 38(1) before the expiration of one year from the adoption of the resolution initiating the amendment procedure thereunder, unless the legislative assembly of each province has previously adopted a resolution of assent or dissent.
Marginal note:Idem

(2) A proclamation shall not be issued under subsection 38(1) after the expiration of three years from the adoption of the resolution initiating the amendment procedure thereunder.

Marginal note:Compensation

40. Where an amendment is made under subsection 38(1) that transfers provincial legislative powers relating to education or other cultural matters from provincial legislatures to Parliament, Canada shall provide reasonable compensation to any province to which the amendment does not apply.
Marginal note:Amendment by unanimous consent

41. An amendment to the Constitution of Canada in relation to the following matters may be made by proclamation issued by the Governor General under the Great Seal of Canada only where authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province:

(a) the office of the Queen, the Governor General and the Lieutenant Governor of a province;

(b) the right of a province to a number of members in the House of Commons not less than the number of Senators by which the province is entitled to be represented at the time this Part comes into force;

(c) subject to section 43, the use of the English or the French language;

(d) the composition of the Supreme Court of Canada; and

(e) an amendment to this Part.

Marginal note:Amendment by general procedure

42. (1) An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1):

(a) the principle of proportionate representation of the provinces in the House of Commons prescribed by the Constitution of Canada;

(b) the powers of the Senate and the method of selecting Senators;

(c) the number of members by which a province is entitled to be represented in the Senate and the residence qualifications of Senators;

(d) subject to paragraph 41(d), the Supreme Court of Canada;

(e) the extension of existing provinces into the territories; and

(f) notwithstanding any other law or practice, the establishment of new provinces.
Marginal note:Exception

(2) Subsections 38(2) to (4) do not apply in respect of amendments in relation to matters referred to in subsection (1).

Marginal note:Amendment of provisions relating to some but not all provinces

43. An amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces, including

(a) any alteration to boundaries between provinces, and

(b) any amendment to any provision that relates to the use of the English or the French language within a province,

may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies.
Marginal note:Amendments by Parliament

44. Subject to sections 41 and 42, Parliament may exclusively make laws amending the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons.
Marginal note:Amendments by provincial legislatures

45. Subject to section 41, the legislature of each province may exclusively make laws amending the constitution of the province.
Marginal note:Initiation of amendment procedures

46. (1) The procedures for amendment under sections 38, 41, 42 and 43 may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province.
Marginal note:Revocation of authorization

(2) A resolution of assent made for the purposes of this Part may be revoked at any time before the issue of a proclamation authorized by it.

Marginal note:Amendments without Senate resolution

47. (1) An amendment to the Constitution of Canada made by proclamation under section 38, 41, 42 or 43 may be made without a resolution of the Senate authorizing the issue of the proclamation if, within one hundred and eighty days after the adoption by the House of Commons of a resolution authorizing its issue, the Senate has not adopted such a resolution and if, at any time after the expiration of that period, the House of Commons again adopts the resolution.
Marginal note:Computation of period

(2) Any period when Parliament is prorogued or dissolved shall not be counted in computing the one hundred and eighty day period referred to in subsection (1).

Marginal note:Advice to issue proclamation

48. The Queen’s Privy Council for Canada shall advise the Governor General to issue a proclamation under this Part forthwith on the adoption of the resolutions required for an amendment made by proclamation under this Part.
Marginal note:Constitutional conference

49. A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada within fifteen years after this Part comes into force to review the provisions of this Part.
PART VI
AMENDMENT TO THE CONSTITUTION ACT, 1867

50. (102)

51. (103)
PART VII
GENERAL
Marginal note:Primacy of Constitution of Canada

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
Marginal note:Constitution of Canada

(2) The Constitution of Canada includes

(a) the Canada Act 1982, including this Act;

(b) the Acts and orders referred to in the schedule; and

(c) any amendment to any Act or order referred to in paragraph (a) or (b).
Marginal note:Amendments to Constitution of Canada

(3) Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.

Marginal note:Repeals and new names

53. (1) The enactments referred to in Column I of the schedule are hereby repealed or amended to the extent indicated in Column II thereof and, unless repealed, shall continue as law in Canada under the names set out in Column III thereof.
Marginal note:Consequential amendments

(2) Every enactment, except the Canada Act 1982, that refers to an enactment referred to in the schedule by the name in Column I thereof is hereby amended by substituting for that name the corresponding name in Column III thereof, and any British North America Act not referred to in the schedule may be cited as the Constitution Act followed by the year and number, if any, of its enactment.

Marginal note:Repeal and consequential amendments

54. Part IV is repealed on the day that is one year after this Part comes into force and this section may be repealed and this Act renumbered, consequentially upon the repeal of Part IV and this section, by proclamation issued by the Governor General under the Great Seal of Canada. (104)

54.1 Repealed. (105)
Marginal note:French version of Constitution of Canada

55. A French version of the portions of the Constitution of Canada referred to in the schedule shall be prepared by the Minister of Justice of Canada as expeditiously as possible and, when any portion thereof sufficient to warrant action being taken has been so prepared, it shall be put forward for enactment by proclamation issued by the Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada.
Marginal note:English and French versions of certain constitutional texts

56. Where any portion of the Constitution of Canada has been or is enacted in English and French or where a French version of any portion of the Constitution is enacted pursuant to section 55, the English and French versions of that portion of the Constitution are equally authoritative.
Marginal note:English and French versions of this Act

57. The English and French versions of this Act are equally authoritative.
Marginal note:Commencement

58. Subject to section 59, this Act shall come into force on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada. (106)
Marginal note:Commencement of paragraph 23(1)(a) in respect of Quebec

59. (1) Paragraph 23(1)(a) shall come into force in respect of Quebec on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.
Marginal note:Authorization of Quebec

(2) A proclamation under subsection (1) shall be issued only where authorized by the legislative assembly or government of Quebec. (107)
Marginal note:Repeal of this section

(3) This section may be repealed on the day paragraph 23(1)(a) comes into force in respect of Quebec and this Act amended and renumbered, consequentially upon the repeal of this section, by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.

Marginal note:Short title and citations

60. This Act may be cited as the Constitution Act, 1982, and the Constitution Acts 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1982.
Marginal note:References

61. A reference to the “Constitution Acts, 1867 to 1982” shall be deemed to include a reference to the “Constitution Amendment Proclamation, 1983”. (108)

NOTES

(1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as follows:

Be it therefore enacted and declared by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

(2) As enacted by the Constitution Act, 1982, which came into force on April 17, 1982. The section originally read as follows:

1. This Act may be cited as The British North America Act, 1867.

(3) Section 2, repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), read as follows:

2. The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland.

(4) The first day of July, 1867, was fixed by proclamation dated May 22, 1867.

(5) Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section originally read as follows:

4. The subsequent Provisions of this Act shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the Day appointed for the Union taking effect in the Queen’s Proclamation; and in the same Provisions, unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act.

(6) Canada now consists of ten provinces (Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Alberta, Saskatchewan and Newfoundland) and three territories (Yukon, the Northwest Territories and Nunavut).

The first territories added to the Union were Rupert’s Land and the North-Western Territory (subsequently designated the Northwest Territories), which were admitted pursuant to section 146 of the Constitution Act, 1867 and the Rupert’s Land Act, 1868, 31-32 Vict., c. 105 (U.K.), by the Rupert’s Land and North-Western Territory Order of June 23, 1870, effective July 15, 1870. Prior to the admission of those territories the Parliament of Canada enacted An Act for the temporary Government of Rupert’s Land and the North-Western Territory when united with Canada (32-33 Vict., c. 3), and the Manitoba Act, 1870 (33 Vict., c. 3), which provided for the formation of the Province of Manitoba.

British Columbia was admitted into the Union pursuant to section 146 of the Constitution Act, 1867, by the British Columbia Terms of Union, being Order in Council of May 16, 1871, effective July 20, 1871.

Prince Edward Island was admitted pursuant to section 146 of the Constitution Act, 1867, by the Prince Edward Island Terms of Union, being Order in Council of June 26, 1873, effective July 1, 1873.

On June 29, 1871, the United Kingdom Parliament enacted the Constitution Act, 1871 (34-35 Vict., c. 28) authorizing the creation of additional provinces out of territories not included in any province. Pursuant to this statute, the Parliament of Canada enacted the Alberta Act (July 20, 1905, 4-5 Edw. VII, c. 3) and the Saskatchewan Act (July 20, 1905, 4-5 Edw. VII, c. 42), providing for the creation of the provinces of Alberta and Saskatchewan, respectively. Both of these Acts came into force on September 1, 1905.

Meanwhile, all remaining British possessions and territories in North America and the islands adjacent thereto, except the colony of Newfoundland and its dependencies, were admitted into the Canadian Confederation by the Adjacent Territories Order, dated July 31, 1880.

The Parliament of Canada added portions of the Northwest Territories to the adjoining provinces in 1912 by The Ontario Boundaries Extension Act, S.C. 1912, 2 Geo. V, c. 40, The Quebec Boundaries Extension Act, 1912, 2 Geo. V, c. 45 and The Manitoba Boundaries Extension Act, 1912, 2 Geo. V, c. 32, and further additions were made to Manitoba by The Manitoba Boundaries Extension Act, 1930, 20-21 Geo. V, c. 28.

The Yukon Territory was created out of the Northwest Territories in 1898 by The Yukon Territory Act, 61 Vict., c. 6.

Newfoundland was added on March 31, 1949, by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), which ratified the Terms of Union of Newfoundland with Canada.

Nunavut was created out of the Northwest Territories in 1999 by the Nunavut Act, S.C. 1993, c. 28.

(7) See note (65) to section 129, infra.

(8) Repealed and re-enacted by the Parliament of Canada Act, 1875, 38-39 Vict., c. 38 (U.K.). The original section read as follows:

18. The Privileges, Immunities, and Powers to be held, enjoyed, and exercised by the Senate and by the House of Commons and by the Members thereof respectively shall be such as are from Time to Time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the Members thereof.

(9) Spent. The first session of the first Parliament began on November 6, 1867.

(10) Section 20, repealed by the Constitution Act, 1982, read as follows:

20. There shall be a Session of the Parliament of Canada once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Parliament in one Session and its first sitting in the next Session.

Section 20 has been replaced by section 5 of the Constitution Act, 1982, which provides that there shall be a sitting of Parliament at least once every twelve months.

(11) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.) and modified by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows:

21. The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall be styled Senators.

The Manitoba Act, 1870, added two for Manitoba; the British Columbia Terms of Union added three; upon admission of Prince Edward Island four more were provided by section 147 of the Constitution Act, 1867; the Alberta Act and the Saskatchewan Act each added four. The Senate was reconstituted at 96 by the Constitution Act, 1915. Six more Senators were added upon union with Newfoundland, and one Senator each was added for the Yukon Territory and the Northwest Territories by the Constitution Act (No. 2), 1975. One Senator was added for Nunavut by the Constitution Act, 1999 (Nunavut).

(12) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), and the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53 and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows:

22. In relation to the Constitution of the Senate, Canada shall be deemed to consist of Three Divisions:

1. Ontario;

2. Quebec;

3. The Maritime Provinces, Nova Scotia and New Brunswick;

which Three Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by Twenty-four Senators; Quebec by Twenty-four Senators; and the Maritime Provinces by Twenty-four Senators, Twelve thereof representing Nova Scotia, and Twelve thereof representing New Brunswick.

In the case of Quebec each of the Twenty-four Senators representing that Province shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada.

(13) Section 44 of the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2, provided that, for the purposes of that Part (which added one Senator for Nunavut), the word “Province” in section 23 of the Constitution Act, 1867 has the same meaning as is assigned to the word “province” by section 35 of the Interpretation Act, R.S.C. 1985, c. I-21, as amended, which provides that the term “province” means “a province of Canada, and includes Yukon, the Northwest Territories and Nunavut”.

Section 2 of the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, provided that for the purposes of that Act (which added one Senator each for the Yukon Territory and the Northwest Territories) the term “Province” in section 23 of the Constitution Act, 1867 has the same meaning as is assigned to the term “province” by section 28 of the Interpretation Act, R.S.C. 1970, c. I-23, which provides that the term “province” means “a province of Canada, and includes the Yukon Territory and the Northwest Territories”.

(14) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

25. Such Persons shall be first summoned to the Senate as the Queen by Warrant under Her Majesty’s Royal Sign Manual thinks fit to approve, and their Names shall be inserted in the Queen’s Proclamation of Union.

(15) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original section read as follows:

26. If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Three or Six Members be added to the Senate, the Governor General may by Summons to Three or Six qualified Persons (as the Case may be), representing equally the Three Divisions of Canada, add to the Senate accordingly.

(16) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original section read as follows:

27. In case of such Addition being at any Time made the Governor General shall not summon any Person to the Senate except on a further like Direction by the Queen on the like Recommendation, until each of the Three Divisions of Canada is represented by Twenty-four Senators and no more.

(17) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows:

28. The Number of Senators shall not at any Time exceed Seventy-eight.

(18) As enacted by the Constitution Act, 1965, S.C. 1965, c. 4, which came into force on June 2, 1965. The original section read as follows:

29. A Senator shall, subject to the Provisions of this Act, hold his Place in the Senate for Life.

(19) Provision for exercising the functions of Speaker during his absence is made by Part II of the Parliament of Canada Act, R.S.C. 1985, c. P-1 (formerly the Speaker of the Senate Act, R.S.C. 1970, c. S-14). Doubts as to the power of Parliament to enact the Speaker of the Senate Act were removed by the Canadian Speaker (Appointment of Deputy) Act, 1895, 2nd Sess., 59 Vict., c. 3 (U.K.), which was repealed by the Constitution Act, 1982.

(20) The figures given here result from the application of section 51, as enacted by the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I, and amended by the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2 and readjusted pursuant to the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3. The original section (which was altered from time to time as the result of the addition of new provinces and changes in population) read as follows:

37. The House of Commons shall, subject to the Provisions of this Act, consist of one hundred and eighty-one members, of whom Eighty-two shall be elected for Ontario, Sixty-five for Quebec, Nineteen for Nova Scotia, and Fifteen for New Brunswick.

(21) Spent. The electoral districts are now established by proclamations issued from time to time under the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, as amended for particular districts by Acts of Parliament (see the most recent Table of Public Statutes and Responsible Ministers).

(22) Spent. Elections are now provided for by the Canada Elections Act, S.C. 2000, c. 9; qualifications and disqualifications of members by the Parliament of Canada Act, R.S.C. 1985, c. P-1. The right of citizens to vote and hold office is provided for in section 3 of the Constitution Act, 1982.

(23) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

42. For the First Election of Members to serve in the House of Commons the Governor General shall cause Writs to be issued by such Person, in such Form, and addressed to such Returning Officers as he thinks fit.

The Person issuing Writs under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning Officers to whom Writs are directed under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the returning of Writs for the Election of Members to serve in the same respective House of Assembly or Legislative Assembly.

(24) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

43. In case a Vacancy in the Representation in the House of Commons of any Electoral District happens before the Meeting of the Parliament, or after the Meeting of the Parliament before Provision is made by the Parliament in this Behalf, the Provisions of the last foregoing Section of this Act shall extend and apply to the issuing and returning of a Writ in respect of such Vacant District.

(25) Provision for exercising the functions of Speaker during his absence is now made by Part III of the Parliament of Canada Act, R.S.C. 1985, c. P-1.

(26) The term of the twelfth Parliament was extended by the British North America Act, 1916, 6-7 Geo. V., c. 19 (U.K.), which Act was repealed by the Statute Law Revision Act, 1927, 17-18 Geo. V, c. 42 (U.K.). See also subsection 4(1) of the Constitution Act, 1982, which provides that no House of Commons shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members, and subsection 4(2) thereof, which provides for continuation of the House of Commons in special circumstances.

(27) As enacted by the Fair Representation Act, S.C. 2011, c. 26, s. 2, which came into force on royal assent on December 16, 2011.

The section, as originally enacted, read as follows:

51. On the Completion of the Census in the Year One Thousand eight hundred and seventy-one, and of each subsequent decennial Census, the Representation of the Four Provinces shall be readjusted by such Authority, in such Manner, and from such Time, as the Parliament of Canada from Time to Time provides, subject and according to the following Rules:

(1) Quebec shall have the fixed Number of Sixty-five Members:

(2) There shall be assigned to each of the other Provinces such a Number of Members as will bear the same Proportion to the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the Number of the Population of Quebec (so ascertained):

(3) In the Computation of the Number of Members for a Province a fractional Part not exceeding One Half of the whole Number requisite for entitling the Province to a Member shall be disregarded; but a fractional Part exceeding One Half of that Number shall be equivalent to the whole Number:

(4) On any such Re-adjustment the Number of Members for a Province shall not be reduced unless the Proportion which the Number of the Population of the Province bore to the Number of the aggregate Population of Canada at the then last preceding Re-adjustment of the Number of Members for the Province is ascertained at the then latest Census to be diminished by One Twentieth Part or upwards:

(5) Such Re-adjustment shall not take effect until the Termination of the then existing Parliament.

The section was amended by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.) by repealing the words after “of the census” to “seventy-one and” and the word “subsequent”.

By the British North America Act, 1943, 6-7 Geo. VI, c. 30 (U.K.), which Act was repealed by the Constitution Act, 1982, redistribution of seats following the 1941 census was postponed until the first session of Parliament after the war. The section was re-enacted by the British North America Act, 1946, 9-10 Geo. VI, c. 63 (U.K.), which Act was also repealed by the Constitution Act, 1982, to read as follows:

51. (1) The number of members of the House of Commons shall be two hundred and fifty-five and the representation of the provinces therein shall forthwith upon the coming into force of this section and thereafter on the completion of each decennial census be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:

(1) Subject as hereinafter provided, there shall be assigned to each of the provinces a number of members computed by dividing the total population of the provinces by two hundred and fifty-four and by dividing the population of each province by the quotient so obtained, disregarding, except as hereinafter in this section provided, the remainder, if any, after the said process of division.

(2) If the total number of members assigned to all the provinces pursuant to rule one is less than two hundred and fifty-four, additional members shall be assigned to the provinces (one to a province) having remainders in the computation under rule one commencing with the province having the largest remainder and continuing with the other provinces in the order of the magnitude of their respective remainders until the total number of members assigned is two hundred and fifty-four.

(3) Notwithstanding anything in this section, if upon completion of a computation under rules one and two, the number of members to be assigned to a province is less than the number of senators representing the said province, rules one and two shall cease to apply in respect of the said province, and there shall be assigned to the said province a number of members equal to the said number of senators.

(4) In the event that rules one and two cease to apply in respect of a province then, for the purpose of computing the number of members to be assigned to the provinces in respect of which rules one and two continue to apply, the total population of the provinces shall be reduced by the number of the population of the province in respect of which rules one and two have ceased to apply and the number two hundred and fifty-four shall be reduced by the number of members assigned to such province pursuant to rule three.

(5) Such readjustment shall not take effect until the termination of the then existing Parliament.

(2) The Yukon Territory as constituted by Chapter forty-one of the Statutes of Canada, 1901, together with any Part of Canada not comprised within a province which may from time to time be included therein by the Parliament of Canada for the purposes of representation in Parliament, shall be entitled to one member.

The section was re-enacted as follows by the British North America Act, 1952, S.C. 1952, c. 15 (which Act was also repealed by the Constitution Act, 1982):

51. (1) Subject as hereinafter provided, the number of members of the House of Commons shall be two hundred and sixty-three and the representation of the provinces therein shall forthwith upon the coming into force of this section and thereafter on the completion of each decennial census be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:

1. There shall be assigned to each of the provinces a number of members computed by dividing the total population of the provinces by two hundred and sixty-one and by dividing the population of each province by the quotient so obtained, disregarding, except as hereinafter in this section provided, the remainder, if any, after the said process of division.

2. If the total number of members assigned to all the provinces pursuant to rule one is less than two hundred and sixty-one, additional members shall be assigned to the provinces (one to a province) having remainders in the computation under rule one commencing with the province having the largest remainder and continuing with the other provinces in the order of the magnitude of their respective remainders until the total number of members assigned is two hundred and sixty-one.

3. Notwithstanding anything in this section, if upon completion of a computation under rules one and two the number of members to be assigned to a province is less than the number of senators representing the said province, rules one and two shall cease to apply in respect of the said province, and there shall be assigned to the said province a number of members equal to the said number of senators.

4. In the event that rules one and two cease to apply in respect of a province then, for the purposes of computing the number of members to be assigned to the provinces in respect of which rules one and two continue to apply, the total population of the provinces shall be reduced by the number of the population of the province in respect of which rules one and two have ceased to apply and the number two hundred and sixty-one shall be reduced by the number of members assigned to such province pursuant to rule three.

5. On any such readjustment the number of members for any province shall not be reduced by more than fifteen per cent below the representation to which such province was entitled under rules one to four of this subsection at the last preceding readjustment of the representation of that province, and there shall be no reduction in the representation of any province as a result of which that province would have a smaller number of members than any other province that according to the results of the then last decennial census did not have a larger population; but for the purposes of any subsequent readjustment of representation under this section any increase in the number of members of the House of Commons resulting from the application of this rule shall not be included in the divisor mentioned in rules one to four of this subsection.

6. Such readjustment shall not take effect until the termination of the then existing Parliament.

(2) The Yukon Territory as constituted by chapter forty-one of the statutes of Canada, 1901, shall be entitled to one member, and such other part of Canada not comprised within a province as may from time to time be defined by the Parliament of Canada shall be entitled to one member.

Subsection 51(1) was re-enacted by the Constitution Act, 1974, S.C. 1974-75-76, c. 13, to read as follows:

51. (1) The number of members of the House of Commons and the representation of the provinces therein shall upon the coming into force of this subsection and thereafter on the completion of each decennial census be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following Rules:

1. There shall be assigned to Quebec seventy-five members in the readjustment following the completion of the decennial census taken in the year 1971, and thereafter four additional members in each subsequent readjustment.

2. Subject to Rules 5(2) and (3), there shall be assigned to a large province a number of members equal to the number obtained by dividing the population of the large province by the electoral quotient of Quebec.

3. Subject to Rules 5(2) and (3), there shall be assigned to a small province a number of members equal to the number obtained by dividing

(a) the sum of the populations, determined according to the results of the penultimate decennial census, of the provinces (other than Quebec) having populations of less than one and a half million, determined according to the results of that census, by the sum of the numbers of members assigned to those provinces in the readjustment following the completion of that census; and

(b) the population of the small province by the quotient obtained under paragraph (a).

4. Subject to Rules 5(1)(a), (2) and (3), there shall be assigned to an intermediate province a number of members equal to the number obtained

(a) by dividing the sum of the populations of the provinces (other than Quebec) having populations of less than one and a half million by the sum of the number of members assigned to those provinces under any of Rules 3, 5(1)(b), (2) and (3);

(b) by dividing the population of the intermediate province by the quotient obtained under paragraph (a); and

(c) by adding to the number of members assigned to the intermediate province in the readjustment following the completion of the penultimate decennial census one-half of the difference resulting from the subtraction of that number from the quotient obtained under paragraph (b).

5. (1) On any readjustment,

(a) if no province (other than Quebec) has a population of less than one and a half million, Rule 4 shall not be applied and, subject to Rules 5(2) and (3), there shall be assigned to an intermediate province a number of members equal to the number obtained by dividing

(i) the sum of the populations, determined according to the results of the penultimate decennial census, of the provinces, (other than Quebec) having populations of not less than one and a half million and not more than two and a half million, determined according to the results of that census, by the sum of the numbers of members assigned to those provinces in the readjustment following the completion of that census, and

(ii) the population of the intermediate province by the quotient obtained under subparagraph (i);

(b) if a province (other than Quebec) having a population of

(i) less than one and a half million, or

(ii) not less than one and a half million and not more than two and a half million

does not have a population greater than its population determined according to the results of the penultimate decennial census, it shall, subject to Rules 5(2) and (3), be assigned the number of members assigned to it in the readjustment following the completion of that census.

(2) On any readjustment,

(a) if, under any of Rules 2 to 5(1), the number of members to be assigned to a province (in this paragraph referred to as “the first province” ) is smaller than the number of members to be assigned to any other province not having a population greater than that of the first province, those Rules shall not be applied to the first province and it shall be assigned a number of members equal to the largest number of members to be assigned to any other province not having a population greater than that of the first province;

(b) if, under any of Rules 2 to 5(1)(a), the number of members to be assigned to a province is smaller than the number of members assigned to it in the readjustment following the completion of the penultimate decennial census, those Rules shall not be applied to it and it shall be assigned the latter number of members;

(c) if both paragraphs (a) and (b) apply to a province, it shall be assigned a number of members equal to the greater of the numbers produced under those paragraphs.

(3) On any readjustment,

(a) if the electoral quotient of a province (in this paragraph referred to as “the first province” ) obtained by dividing its population by the number of members to be assigned to it under any of Rules 2 to 5(2) is greater than the electoral quotient of Quebec, those Rules shall not be applied to the first province and it shall be assigned a number of members equal to the number obtained by dividing its population by the electoral quotient of Quebec;

(b) if, as a result of the application of Rule 6(2)(a), the number of members assigned to a province under paragraph (a) equals the number of members to be assigned to it under any of Rules 2 to 5(2), it shall be assigned that number of members and paragraph (a) shall cease to apply to that province.

6. (1) In these Rules,

“electoral quotient” means, in respect of a province, the quotient obtained by dividing its population, determined according to the results of the then most recent decennial census, by the number of members to be assigned to it under any of Rules 1 to 5(3) in the readjustment following the completion of that census;

“intermediate province” means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census but not more than two and a half million and not less than one and a half million;

“large province” means a province (other than Quebec) having a population greater than two and a half million;

“penultimate decennial census” means the decennial census that preceded the then most recent decennial census;

“population” means, except where otherwise specified, the population determined according to the results of the then most recent decennial census;

“small province” means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census and less than one and half million.

(2) For the purposes of these Rules,

(a) if any fraction less than one remains upon completion of the final calculation that produces the number of members to be assigned to a province, that number of members shall equal the number so produced disregarding the fraction;

(b) if more than one readjustment follows the completion of a decennial census, the most recent of those readjustments shall, upon taking effect, be deemed to be the only readjustment following the completion of that census;

(c) a readjustment shall not take effect until the termination of the then existing Parliament.

Subsection 51(1) was re-enacted by the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I, as follows:

51. (1) The number of members of the House of Commons and the representation of the provinces therein shall, on the coming into force of this subsection and thereafter on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:

Rules
1.
There shall be assigned to each of the provinces a number of members equal to the number obtained by dividing the total population of the provinces by two hundred and seventy-nine and by dividing the population of each province by the quotient so obtained, counting any remainder in excess of 0.50 as one after the said process of division.
2.
If the total number of members that would be assigned to a province by the application of rule 1 is less than the total number assigned to that province on the date of coming into force of this subsection, there shall be added to the number of members so assigned such number of members as will result in the province having the same number of members as were assigned on that date.

(28) As enacted by the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. Note that the description of the territory of Yukon is now set out in Schedule 1 to the Yukon Act, S.C. 2002, c. 7, which replaced R.S.C. 1985, c. Y-2. Subsection 51(2) was previously amended by the Constitution Act (No. 1), 1975, S.C. 1974-75-76, c. 28, and read as follows:

(2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1970, shall be entitled to one member, and the Northwest Territories as bounded and described in section 2 of chapter N-22 of the Revised Statutes of Canada, 1970, shall be entitled to two members.

(29) As enacted by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.).

(30) Provided for by the Salaries Act, R.S.C. 1985, c. S-3.

(31) Now provided for in Ontario by the Executive Council Act, R.S.O. 1990, c. E.25, and in Quebec by the Executive Power Act, R.S.Q., c. E-18.

(32) A similar provision was included in each of the instruments admitting British Columbia, Prince Edward Island, and Newfoundland. The Executive Authorities for Manitoba, Alberta and Saskatchewan were established by the statutes creating those provinces. See note (6) to section 5, supra.

(33) See note (65) to section 129, infra.

(34) Spent. Now covered by the Representation Act, 2005, S.O. 2005, c. 35, Schedule 1.

(35)  An Act respecting the Legislative Council of Quebec, S.Q. 1968, c. 9, provided that the Legislature for Quebec shall consist of the Lieutenant Governor and the National Assembly of Quebec, and repealed the provisions of the Legislature Act, R.S.Q. 1964, c. 6, relating to the Legislative Council of Quebec. Now covered by the National Assembly Act, R.S.Q. c. A-23.1. Sections 72 to 79 following are therefore completely spent.

(36)  An Act respecting the electoral districts, S.Q. 1970, c. 7, provides that this section no longer has effect.

(37) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

81. The Legislatures of Ontario and Quebec respectively shall be called together not later than Six Months after the Union.

(38) Probably spent. The subject-matter of this section is now covered in Ontario by the Legislative Assembly Act, R.S.O. 1990, c. L.10, and in Quebec by the National Assembly Act, R.S.Q. c. A-23.1.

(39) Probably spent. The subject-matter of this section is now covered in Ontario by the Election Act, R.S.O. 1990, c. E.6, and the Legislative Assembly Act, R.S.O. 1990, c. L.10, and in Quebec by the Election Act, R.S.Q. c. E-3.3 and the National Assembly Act, R.S.Q. c. A-23.1.

(40) The maximum duration of the Legislative Assemblies of Ontario and Quebec has been changed to five years. See the Legislative Assembly Act, R.S.O. 1990, c. L.10, and the National Assembly Act, R.S.Q. c. A-23.1, respectively. See also section 4 of the Constitution Act, 1982, which provides a maximum duration for a legislative assembly of five years but also authorizes continuation in special circumstances.

(41) See also section 5 of the Constitution Act, 1982, which provides that there shall be a sitting of each legislature at least once every twelve months.

(42) Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), which deleted the following concluding words of the original enactment:

and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless soooner dissolved, continue for the Period for which it was elected.

A similar provision was included in each of the instruments admitting British Columbia, Prince Edward Island and Newfoundland. The Legislatures of Manitoba, Alberta and Saskatchewan were established by the statutes creating those provinces. See note (6) to section 5, supra.

See also sections 3 to 5 of the Constitution Act, 1982, which prescribe democratic rights applicable to all provinces, and subitem 2(2) of the Schedule to that Act, which sets out the repeal of section 20 of the Manitoba Act, 1870. Section 20 of the Manitoba Act, 1870 has been replaced by section 5 of the Constitution Act, 1982. Section 20 read as follows:

20. There shall be a Session of the Legislature once at least in every year, so that twelve months shall not intervene between the last sitting of the Legislature in one Session and its first sitting in the next Session.

(43) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

89. Each of the Lieutenant Governors of Ontario, Quebec and Nova Scotia shall cause Writs to be issued for the First Election of Members of the Legislative Assembly thereof in such Form and by such Person as he thinks fit, and at such Time and addressed to such Returning Officer as the Governor General directs, and so that the First Election of Member of Assembly for any Electoral District or any Subdivision thereof shall be held at the same Time and at the same Places as the Election for a Member to serve in the House of Commons of Canada for that Electoral District.

(44) A new class 1 was added by the British North America (No. 2) Act, 1949, 13 Geo. VI, c. 81 (U.K.). That Act and class 1 were repealed by the Constitution Act, 1982. The matters referred to in class 1 are provided for in subsection 4(2) and Part V of the Constitution Act, 1982. As enacted, class 1 read as follows:

1. The amendment from time to time of the Constitution of Canada, except as regards matters coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces, or as regards rights or privileges by this or any other Constitutional Act granted or secured to the Legislature or the Government of a province, or to any class of persons with respect to schools or as regards the use of the English or the French language or as regards the requirements that there shall be a session of the Parliament of Canada at least once each year, and that no House of Commons shall continue for more than five years from the day of the return of the Writs for choosing the House: provided, however, that a House of Commons may in time of real or apprehended war, invasion or insurrection be continued by the Parliament of Canada if such continuation is not opposed by the votes of more than one-third of the members of such House.

(45) The original class 1 was re-numbered by the British North America (No. 2) Act, 1949, 13 Geo. VI, c. 81 (U.K.), as class 1A.

(46) Added by the Constitution Act, 1940, 3-4 Geo. VI, c. 36 (U.K.).

(47) Legislative authority has been conferred on Parliament by other Acts as follows:

1. The Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.):

2. The Parliament of Canada may from time to time establish new Provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any Province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such Province, and for the passing of laws for the peace, order, and good government of such Province, and for its representation in the said Parliament.

3. The Parliament of Canada may from time to time, with the consent of the Legislature of any province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby.

4. The Parliament of Canada may from time to time make provision for the administration, peace, order, and good government of any territory not for the time being included in any Province.

5. The following Acts passed by the said Parliament of Canada, and intituled respectively, — “An Act for the temporary government of Rupert’s Land and the North Western Territory when united with Canada”; and “An Act to amend and continue the Act thirty-two and thirty-three Victoria, chapter three, and to establish and provide for the government of “the Province of Manitoba”, shall be and be deemed to have been valid and effectual for all purposes whatsoever from the date at which they respectively received the assent, in the Queen’s name, of the Governor General of the said Dominion of Canada.

6. Except as provided by the third section of this Act, it shall not be competent for the Parliament of Canada to alter the provisions of the last-mentioned Act of the said Parliament in so far as it relates to the Province of Manitoba, or of any other Act hereafter establishing new Provinces in the said Dominion, subject always to the right of the Legislature of the Province of Manitoba to alter from time to time the provisions of any law respecting the qualification of electors and members of the Legislative Assembly, and to make laws respecting elections in the said Province.

The Rupert’s Land Act, 1868, 31-32 Vict., c. 105 (U.K.) (repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.)), had previously conferred similar authority in relation to Rupert’s Land and the North-Western Territory upon admission of those areas.

2. The Constitution Act, 1886, 49-50 Vict., c. 35 (U.K.):

1. The Parliament of Canada may from time to time make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any province thereof.

3. The Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.):

3. It is hereby declared and enacted that the Parliament of a Dominion has full power to make laws having extra-territorial operation.

4. Under section 44 of the Constitution Act, 1982, Parliament has exclusive authority to amend the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons. Sections 38, 41, 42 and 43 of that Act authorize the Senate and House of Commons to give their approval to certain other constitutional amendments by resolution.

(48) Class 1 was repealed by the Constitution Act, 1982. As enacted, it read as follows:

1. The Amendment from Time to Time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the Office of Lieutenant Governor.

Section 45 of the Constitution Act, 1982 now authorizes legislatures to make laws amending the constitution of the province. Sections 38, 41, 42 and 43 of that Act authorize legislative assemblies to give their approval by resolution to certain other amendments to the Constitution of Canada.

(49) Added by section 50 of the Constitution Act, 1982.

(50) An alternative was provided for Manitoba by section 22 of the Manitoba Act, 1870, 33 Vict., c. 3 (confirmed by the Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.)), which section reads as follows:

22. In and for the Province, the said Legislature may exclusively make Laws in relation to Education, subject and according to the following provisions:

(1) Nothing in any such Law shall prejudicially affect any right or privilege with respect to Denominational Schools which any class of persons have by Law or practice in the Province at the Union:

(2) An appeal shall lie to the Governor General in Council from any Act or decision of the Legislature of the Province, or of any Provincial Authority, affecting any right or privilege, of the Protestant or Roman Catholic minority of the Queen’s subjects in relation to Education:

(3) In case any such Provincial Law, as from time to time seems to the Governor General in Council requisite for the due execution of the provisions of this section, is not made, or in case any decision of the Governor General in Council on any appeal under this section is not duly executed by the proper Provincial Authority in that behalf, then, and in every such case, and as far only as the circumstances of each case require, the Parliament of Canada may make remedial Laws for the due execution of the provisions of this section, and of any decision of the Governor General in Council under this section.

An alternative was provided for Alberta by section 17 of the Alberta Act, 1905, 4-5 Edw. VII, c. 3, which section reads as follows:

17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph:

(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances.

2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29 or any Act passed in amendment thereof, or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29.

3. Where the expression “by law” is employed in paragraph 3 of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30, and where the expression “at the Union” is employed, in the said paragraph 3, it shall be held to mean the date at which this Act comes into force.

An alternative was provided for Saskatchewan by section 17 of the Saskatchewan Act, 1905, 4-5 Edw. VII, c. 42, which section reads as follows:

17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93, of the following paragraph:

(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances.

2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29, or any Act passed in amendment thereof or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29.

3. Where the expression “by law” is employed in paragraph (3) of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30; and where the expression “at the Union” is employed in the said paragraph (3), it shall be held to mean the date at which this Act comes into force.

An alternative was provided for Newfoundland by Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)). Term 17 of the Terms of Union of Newfoundland with Canada, set out in the penultimate paragraph of this note, was amended by the Constitution Amendment, 1998 (Newfoundland Act) (see SI/98-25) and the Constitution Amendment, 2001 (Newfoundland and Labrador) (see SI/2001-117), and now reads as follows:

17. (1) In lieu of section ninety-three of the Constitution Act, 1867, this term shall apply in respect of the Province of Newfoundland and Labrador.

(2) In and for the Province of Newfoundland and Labrador, the Legislature shall have exclusive authority to make laws in relation to education, but shall provide for courses in religion that are not specific to a religious denomination.

(3) Religious observances shall be permitted in a school where requested by parents.

Prior to the Constitution Amendment, 1998 (Newfoundland Act), Term 17 of the Terms of Union of Newfoundland with Canada had been amended by the Constitution Amendment, 1997 (Newfoundland Act) (see SI/97-55) to read as follows:

17. In lieu of section ninety-three of the Constitution Act, 1867, the following shall apply in respect of the Province of Newfoundland:

In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but

(a) except as provided in paragraphs (b) and (c), schools established, maintained and operated with public funds shall be denominational schools, and any class of persons having rights under this Term as it read on January 1, 1995 shall continue to have the right to provide for religious education, activities and observances for the children of that class in those schools, and the group of classes that formed one integrated school system by agreement in 1969 may exercise the same rights under this Term as a single class of persons;

(b) subject to provincial legislation that is uniformly applicable to all schools specifying conditions for the establishment or continued operation of schools,

(i) any class of persons referred to in paragraph (a) shall have the right to have a publicly funded denominational school established, maintained and operated especially for that class, and

(ii) the Legislature may approve the establishment, maintenance and operation of a publicly funded school, whether denominational or non-denominational;

(c) where a school is established, maintained and operated pursuant to subparagraph (b)(i), the class of persons referred to in that subparagraph shall continue to have the right to provide for religious education, activities and observances and to direct the teaching of aspects of curriculum affecting religious beliefs, student admission policy and the assignment and dismissal of teachers in that school;

(d) all schools referred to in paragraphs (a) and (b) shall receive their share of public funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature; and

(e) if the classes of persons having rights under this Term so desire, they shall have the right to elect in total not less than two thirds of the members of a school board, and any class so desiring shall have the right to elect the portion of that total that is proportionate to the population of that class in the area under the board’s jurisdiction.

Prior to the Constitution Amendment, 1997 (Newfoundland Act), Term 17 of the Terms of Union of Newfoundland with Canada had been amended by the Constitution Amendment, 1987 (Newfoundland Act) (see SI/88-11) to read as follows:

17. (1) In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland:

In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education,

(a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and

(b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis.

(2) For the purposes of paragraph one of this Term, the Pentecostal Assemblies of Newfoundland have in Newfoundland all the same rights and privileges with respect to denominational schools and denominational colleges as any other class or classes of persons had by law in Newfoundland at the date of Union, and the words “all such schools” in paragraph (a) of paragraph one of this Term and the words “all such colleges” in paragraph (b) of paragraph one of this Term include, respectively, the schools and the colleges of the Pentecostal Assemblies of Newfoundland.

Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)), which Term provided an alternative for Newfoundland, originally read as follows:

17. In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland:

In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education,

(a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and

(b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis.

See also sections 23, 29 and 59 of the Constitution Act, 1982. Section 23 provides for new minority language educational rights and section 59 permits a delay in respect of the coming into force in Quebec of one aspect of those rights. Section 29 provides that nothing in the Canadian Charter of Rights and Freedoms abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.

(51) Added by the Constitution Amendment, 1997 (Quebec) (see SI/97-141).

(52) Amended by the Constitution Act, 1964, 12-13 Eliz. II, c. 73 (U.K.). As originally enacted by the British North America Act, 1951, 14-15 Geo. VI, c. 32 (U.K.), which was repealed by the Constitution Act, 1982, section 94A read as follows:

94A. It is hereby declared that the Parliament of Canada may from time to time make laws in relation to old age pensions in Canada, but no law made by the Parliament of Canada in relation to old age pensions shall affect the operation of any law present or future of a Provincial Legislature in relation to old age pensions.

(53) Amended by the Constitution Act, 1960, 9 Eliz. II, c. 2 (U.K.), which came into force on March 1, 1961. The original section read as follows:

99. The Judges of the Superior Courts shall hold Office during good Behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons.

(54) Now provided for in the Judges Act, R.S.C. 1985, c. J-1.

(55) See the Supreme Court Act, R.S.C. 1985, c. S-26, the Federal Courts Act, R.S.C. 1985, c. F-7 and the Tax Court of Canada Act, R.S.C. 1985, c. T-2.

(56) Now covered by the Governor General’s Act, R.S.C. 1985, c. G-9.

(57) Manitoba, Alberta and Saskatchewan were placed in the same position as the original provinces by the Constitution Act, 1930, 20-21 Geo. V, c. 26 (U.K.).

These matters were dealt with in respect of British Columbia by the British Columbia Terms of Union and also in part by the Constitution Act, 1930.

Newfoundland was also placed in the same position by the Newfoundland Act, 12-13 Geo. V1, c. 22 (U.K.).

With respect to Prince Edward Island, see the Schedule to the Prince Edward Island Terms of Union.

(58) The obligations imposed by sections 114, 115 and 116, and similar obligations under the instruments creating or admitting other provinces, have been carried into legislation of the Parliament of Canada and are now to be found in the Provincial Subsidies Act, R.S.C. 1985, c. P-26.

(59) Repealed by the Statute Law Revision Act, 1950, 14 Geo. VI, c. 6 (U.K.). The section originally read as follows:

118. The following Sums shall be paid yearly by Canada to the several Provinces for the Support of their Governments and Legislatures:
Dollars.
Ontario     Eighty thousand.
Quebec     Seventy thousand.
Nova Scotia     Sixty thousand.
New Brunswick     Fifty thousand.
Total     Two hundred and sixty thousand;

and an annual Grant in aid of each Province shall be made, equal to Eighty Cents per Head of the Population as ascertained by the Census of One thousand eight hundred and sixty-one, and in the Case of Nova Scotia and New Brunswick, by each subsequent Decennial Census until the Population of each of those two Provinces amounts to Four hundred thousand Souls, at which Rate such Grant shall thereafter remain. Such Grants shall be in full Settlement of all future Demands on Canada, and shall be paid half-yearly in advance to each Province; but the Government of Canada shall deduct from such Grants, as against any Province, all Sums chargeable as Interest on the Public Debt of that Province in excess of the several Amounts stipulated in this Act.

The section was made obsolete by the Constitution Act, 1907, 7 Edw. VII, c. 11 (U.K.), which provided:

1. (1) The following grants shall be made yearly by Canada to every province, which at the commencement of this Act is a province of the Dominion, for its local purposes and the support of its Government and Legislature:

(a) A fixed grant

where the population of the province is under one hundred and fifty thousand, of one hundred thousand dollars;

where the population of the province is one hundred and fifty thousand, but does not exceed two hundred thousand, of one hundred and fifty thousand dollars;

where the population of the province is two hundred thousand, but does not exceed four hundred thousand, of one hundred and eighty thousand dollars;

where the population of the province is four hundred thousand, but does not exceed eight hundred thousand, of one hundred and ninety thousand dollars;

where the population of the province is eight hundred thousand, but does not exceed one million five hundred thousand, of two hundred and twenty thousand dollars;

where the population of the province exceeds one million five hundred thousand, of two hundred and forty thousand dollars; and

(b) Subject to the special provisions of this Act as to the provinces of British Columbia and Prince Edward Island, a grant at the rate of eighty cents per head of the population of the province up to the number of two million five hundred thousand, and at the rate of sixty cents per head of so much of the population as exceeds that number.

(2) An additional grant of one hundred thousand dollars shall be made yearly to the province of British Columbia for a period of ten years from the commencement of this Act.

(3) The population of a province shall be ascertained from time to time in the case of the provinces of Manitoba, Saskatchewan, and Alberta respectively by the last quinquennial census or statutory estimate of population made under the Acts establishing those provinces or any other Act of the Parliament of Canada making provision for the purpose, and in the case of any other province by the last decennial census for the time being.

(4) The grants payable under this Act shall be paid half-yearly in advance to each province.

(5) The grants payable under this Act shall be substituted for the grants or subsidies (in this Act referred to as existing grants) payable for the like purposes at the commencement of this Act to the several provinces of the Dominion under the provisions of section one hundred and eighteen of the Constitution Act, 1867, or of any Order in Council establishing a province, or of any Act of the Parliament of Canada containing directions for the payment of any such grant or subsidy, and those provisions shall cease to have effect.

(6) The Government of Canada shall have the same power of deducting sums charged against a province on account of the interest on public debt in the case of the grant payable under this Act to the province as they have in the case of the existing grant.

(7) Nothing in this Act shall affect the obligation of the Government of Canada to pay to any province any grant which is payable to that province, other than the existing grant for which the grant under this Act is substituted.

(8) In the case of the provinces of British Columbia and Prince Edward Island, the amount paid on account of the grant payable per head of the population to the provinces under this Act shall not at any time be less than the amount of the corresponding grant payable at the commencement of this Act, and if it is found on any decennial census that the population of the province has decreased since the last decennial census, the amount paid on account of the grant shall not be decreased below the amount then payable, notwithstanding the decrease of the population.

See the Provincial Subsidies Act, R.S.C. 1985, c. P-26, and the Federal-Provincial Fiscal Arrangements Act, R.S.C. 1985, c. F-8.

See also Part III of the Constitution Act, 1982, which sets out commitments by Parliament and the provincial legislatures respecting equal opportunities, economic development and the provision of essential public services and a commitment by Parliament and the government of Canada to the principle of making equalization payments.

(60) Spent.

(61) Spent. Now covered by the Customs Act, R.S.C. 1985, c. 1 (2nd Supp.), the Customs Tariff, S.C. 1997, c. 36, the Excise Act, R.S.C. 1985, c. E-14, the Excise Act, 2001, S.C. 2002, c. 22 and the Excise Tax Act, R.S.C. 1985, c. E-15.

(62) Spent.

(63) These dues were repealed in 1873 by 36 Vict., c. 16 (N.B.). Also, see An Act respecting the Export Duties imposed on Lumber, etc. (1873) 36 Vict., c. 41 (Canada), and section 2 of the Provincial Subsidies Act, R.S.C. 1985, c. P-26.

(64) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

127. If any Person being at the passing of this Act a Member of the Legislative Council of Canada, Nova Scotia, or New Brunswick, to whom a Place in the Senate is offered, does not within Thirty Days thereafter, by Writing under his Hand addressed to the Governor General of the Province of Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as the Case may be), accept the same, he shall be deemed to have declined the same; and any Person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a Place in the Senate shall thereby vacate his Seat in such Legislative Council.

(65) The restriction against altering or repealing laws enacted by or existing under statutes of the United Kingdom was removed by the Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.), except in respect of certain constitutional documents. Comprehensive procedures for amending enactments forming part of the Constitution of Canada were provided by Part V of the Constitution Act, 1982.

(66) Spent.

(67) A similar provision was enacted for Manitoba by section 23 of the Manitoba Act, 1870, 33 Vict., c. 3 (confirmed by the Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.)). Section 23 read as follows:

23. Either the English or the French language may be used by any person in the debates of the Houses of the Legislature, and both these languages shall be used in the respective Records and Journals of those Houses; and either of those languages may be used by any person, or in any Pleading or Process, in or issuing from any Court of Canada established under the British North America Act, 1867, or in or from all or any of the Courts of the Province. The Acts of the Legislature shall be printed and published in both those languages.

Sections 17 to 19 of the Constitution Act, 1982 restate the language rights set out in section 133 in respect of Parliament and the courts established under the Constitution Act, 1867, and also guarantees those rights in respect of the legislature of New Brunswick and the courts of that province.

Sections 16, 20, 21 and 23 of the Constitution Act, 1982 recognize additional language rights in respect of the English and French languages. Section 22 preserves language rights and privileges of languages other than English and French.

(68) Spent. Now covered in Ontario by the Executive Council Act, R.S.O. 1990, c. E.25 and in Quebec by the Executive Power Act, R.S.Q. c. E-18.

(69) Probably spent.

(70) Probably spent.

(71) Probably spent.

(72) Spent. Penitentiaries are now provided for by the Corrections and Conditional Release Act, S.C. 1992, c. 20.

(73) Spent.

(74) Probably spent. Two orders were made under this section on January 24, 1868.

(75) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14, (U.K.). The section read as follows:

145. Inasmuch as the Provinces of Canada, Nova Scotia, and New Brunswick have joined in a Declaration that the Construction of the Intercolonial Railway is essential to the Consolidation of the Union of British North America, and to the Assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that Provision should be made for its immediate Construction by the Government of Canada; Therefore, in order to give effect to that Agreement, it shall be the Duty of the Government and Parliament of Canada to provide for the Commencement, within Six Months after the Union, of a Railway connecting the River St. Lawrence with the City of Halifax in Nova Scotia, and for the Construction thereof without Intermission, and the Completion thereof with all practicable Speed.

(76) All territories mentioned in section 146 are now part of Canada. See note (6) to section 5, supra.

(77) Spent. See notes [(11), (12), (15), (16) and (17)] to sections 21, 22, 26, 27 and 28, supra.

(78) Spent. See Representation Act, R.S.O. 1990, c. R.26.

(79) As enacted by section 51 of the Constitution Act, 1982.

(80) Enacted as Schedule B to the Canada Act 1982, 1982, c. 11 (U.K.), which came into force on April 17, 1982. The Canada Act 1982, other than Schedules A and B thereto, reads as follows:

An Act to give effect to a request by the Senate and House of Commons of Canada

Whereas Canada has requested and consented to the enactment of an Act of the Parliament of the United Kingdom to give effect to the provisions hereinafter set forth and the Senate and the House of Commons of Canada in Parliament assembled have submitted an address to Her Majesty requesting that Her Majesty may graciously be pleased to cause a Bill to be laid before the Parliament of the United Kingdom for that purpose.

Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. The Constitution Act, 1982 set out in Schedule B to this Act is hereby enacted for and shall have the force of law in Canada and shall come into force as provided in that Act.

2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force shall extend to Canada as part of its law.

3. So far as it is not contained in Schedule B, the French version of this Act is set out in Schedule A to this Act and has the same authority in Canada as the English version thereof.

4. This Act may be cited as the Canada Act 1982.

(81) See section 50, and notes (40) and (42) to sections 85 and 88, of the Constitution Act, 1867.

(82) Replaces part of Class 1 of section 91 of the Constitution Act, 1867, which was repealed as set out in subitem 1(3) of the Schedule the Constitution Act, 1982.

(83) See notes (10), (41) and (42) to sections 20, 86 and 88 of the Constitution Act, 1867.

(84) Subsection 32(2) provides that section 15 shall not have effect until three years after section 32 comes into force. Section 32 came into force on April 17, 1982; therefore, section 15 had effect on April 17, 1985.

(85) Section 16.1 was added by the Constitution Amendment, 1993 (New Brunswick) (see SI/93-54).

(86) See section 133 of the Constitution Act, 1867 and note (67).

(87)  Ibid.

(88)  Ibid.

(89)  Ibid.

(90)  Ibid.

(91)  Ibid.

(92) See, for example, section 133 of the Constitution Act, 1867 and the reference to the Manitoba Act, 1870 in note (67) to that section.

(93) Paragraph 23(1)(a) is not in force in respect of Quebec. See section 59, infra.

(94) Paragraph 25(b) was repealed and re-enacted by the Constitution Amendment Proclamation, 1983 (see SI/84-102). Paragraph 25(b) as originally enacted read as follows:

(b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.

(95) See section 93 of the Constitution Act, 1867 and note (50).

(96) Subsections 35(3) and (4) were added by the Constitution Amendment Proclamation, 1983 (see SI/84-102).

(97) Section 35.1 was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102).

(98) See notes (58) and (59) to sections 114 and 118 of the Constitution Act, 1867.

(99) Section 54 of the Constitution Act, 1982 provided for the repeal of Part IV one year after Part VII came into force. Part VII came into force on April 17, 1982 thereby repealing Part IV on April 17, 1983. Section 37 read as follows:

37. (1) A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada within one year after this Part comes into force.

(2) The conference convened under subsection (1) shall have included in its agenda an item respecting constitutional matters that directly affect the aboriginal peoples of Canada, including the identification and definition of the rights of those peoples to be included in the Constitution of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on that item.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of the conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

(100) Part IV.1 (section 37.1), which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), was repealed on April 18, 1987 by section 54.1 of the Constitution Act, 1982. Section 37.1 read as follows:

37.1 (1) In addition to the conference convened in March 1983, at least two constitutional conferences composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that date.

(2) Each conference convened under subsection (1) shall have included in its agenda constitutional matters that directly affect the aboriginal peoples of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on those matters.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of a conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

(4) Nothing in this section shall be construed so as to derogate from subsection 35(1).

(101) Prior to the enactment of Part V, certain provisions of the Constitution of Canada and the provincial constitutions could be amended pursuant to the Constitution Act, 1867. See notes (44) and (48) to section 91, Class 1 and section 92, Class 1 of that Act, respectively. Other amendments to the Constitution could only be made by enactment of the Parliament of the United Kingdom.

(102) The text of this amendment is set out in the Constitution Act, 1867, as section 92A.

(103) The text of this amendment is set out in the Constitution Act, 1867, as the Sixth Schedule.

(104) Part VII came into force on April 17, 1982 (see SI/82-97).

(105) Section 54.1, which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), provided for the repeal of Part IV.1 and section 54.1 on April 18, 1987. Section 54.1 read as follows:

54.1 Part IV.1 and this section are repealed on April 18, 1987.

(106) The Act, with the exception of paragraph 23(1)(a) in respect of Quebec, came into force on April 17, 1982 by proclamation issued by the Queen (see SI/82-97).

(107) No proclamation has been issued under section 59.

(108) Section 61 was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102). See also section 3 of the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I and the Constitution Amendment, 1987 (Newfoundland Act) (see SI/88-11).

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