1. THE CANADIAN CONSTITUTION
An Outline

2. The Canadian Constitution, 1867
The Fathers of Confederation

3. Three Essential Components
The Constitution Act, 1867 outlines:
who has the authority to make laws;
how the authority is divided among levels of government (federal vs. provincial);
how government power is limited to protect individual rights.

4. Federal & Provincial Responsibilities
POWERS/RESPONSIBILITIES
national defence
printing money
post office
(un)employment insurance
POWERS/RESPONSIBILITIES
education
health care
natural resources
property

5. The Role of the Courts & Government Responsibility
It’s intra-vires!
(You’re following the rules!)
The Role of the Courts & Government Responsibility
It’s ultra-vires!
(You’re breaking the rules!)

6. The Judiciary & The Constitution
interprets and applies the law and the Constitution
must be non-partisan in all cases
provides a balance of power that is protected by law

7. The Repatriation of the Constitution
Prime Minister Pierre Elliott Trudeau
and
Her Majesty Queen Elizabeth II
April 17, Ottawa

8. The Constitution Act, 1982 NEW & IMPROVED:
an amending formula (which allows the Canadian government to change the Constitution without Britain’s approval)
A written protection of people’s rights in Canada (called The Canadian Charter of Rights & Freedoms)
The Constitution Act, 1982

9. The Purpose of the Charter

10. Limitations on Rights Section 1: The Reasonable Limits Clause
CONSTITUTION ACT, 1982 
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
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.
Limitations on Rights Section 1: The Reasonable Limits Clause

11. Limitations on Rights Section 33: The Notwithstanding Clause
Section 33 allows parliament or provincial legislatures to override certain sections of the Charter
Section 2: Fundamental Freedoms
(expression; religion; thought; belief; peaceful assembly; association)
Section : Legal Rights
(life, liberty, & security of the person; search or seizure; detention or imprisonment; arrest or detention; proceedings in criminal or penal matters; treatment or punishment; self-crimination; interpreter)
Section 15: Equality Rights
(equality before and under law and equal protection and benefit of the law; affirmative action programs)
Limitations on Rights Section 33: The Notwithstanding Clause