DRAFT, The Canadian Constitutional Charter (14 February 1979)
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Date: 1979-02-14
By: Canada
Citation: [Draft], The Canadian Constitutional Charter (14 February 1979).
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CONFIDENTIAL
February 14, 1979
THE CANADIAN CONSTITUTIONAL CHARTER
PREAMBLE
Proud of our heritage
Confident of our future
Acting of our sovereign will
We, the people of Canada, declare our common purposes:
To cherish the right of each individual to develop his or her full potential,
To honour each sex, race, colour and creed as equal,
To establish just laws,
To manage our resources,
To seek the reduction of social and economic disparities among our regions,
To strive always to eliminate poverty from our land,
To maintain the beauty of our environment,
To dedicate the efforts of our country to the attainment of peace in the world.
In recognition of these purposes
We therefore
Reaffirm our belief in federalism as the system of government best suited to the achievement of unity through diversity,
Recognize our country as one whose official languages are English and French and whose culture is an inheritance from our native people and from the peoples of many lands
And
Declare our Constitution.
THE CANADIAN FEDERATION
Continuation
Continuation of federation
1. The federation under the name Canada brought into being by the British North America Act, 1867 and subsequent constitutional enactments is hereby continued as a sovereign state (1) with a constitution similar in principle to that of the United Kingdom.
Composition
The Queen of Canada
2. The head of state of Canada continues to be Her Majesty the Queen and thereafter her heirs and successors according to law.
Institutional elements of Canadian Federation
*3. (1) The institutional elements compromising the Canadian federation continue to be
(a) the federal authority for Canada, which consists of the Parliament of Canada and the executive government of and over Canada; and
(b)· the authorities of the provinces known respectively as Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland, which consist of the legislatures and executive governments of those provinces,
Territories
*(2) Within the Canadian federation there is continued the authorities of the territories known respectively as the Yukon Territory and the Northwest Territories.
Note: (1) An alternative to “sovereign state” would be “constitutional monarchy”. If this alternative is chosen, section 2 may not be necessary
Territorial limits of provinces and territories
*4 The territorial limits of each of the provinces and territories named in section 3 continue without change unless and until they are altered in accordance with this Charter.
Territorial limits of Canada
5. The territorial limits of Canada include, in addition to territory comprising the provinces and territories named in section 3, all other territory forming part of Canada.
Ancillary Provisions Respecting Provinces and Territories
Alteration of limits of provinces
*6. Parliament may, after consultation among the Prime Minister of Canada and the first ministers of the provinces, and with the consent of and on terms agreed to by the legislature of any province, alter the territorial limits of that province and provide for the effect and operation of such alteration.
Establishment of new provinces
*7. Parliament may, after consultation among the Prime Minister of Canada and the first ministers of the provinces, establish a new province in any territory not included in any province and may, at the time of such establishment, provide for the constitution and administration of the new province, for the passing of laws for its peace, order and good government and for its representation in Parliament.
Laws establishing new province not to be altered.
*8. Parliament is not competent to alter the provisions of any Act establishing a new province except as provided in section 6 and in accordance with the (1) procedure for amending that section.
Note: (1) This should be re-examined in the light of any amending formula included in the Charter.
Territories: Laws and alteration of limits
*9. Parliament may make provision administration, peace, order and good government of any territory not included in any province, and for the alteration of its territorial limits.
Constitution of Canada
Constitution is supreme law
*10. (1) The Constitution of Canada is the supreme law of Canada.
Constitutional conventions, customs and usages
*(2) Except where otherwise expressly provided in this Charter, this Charter does not abrogate or alter any constitutional conventions, customs or usages.
Symbols
The National Flag of Canada
11.(1) The National Flag of Canada is the red and white unifoliate, as heretofore established by law.
Anthems
(2) The national anthem of Canada is “O Canada”, and the royal anthem of Canada is “God Save the Queen”.
Motto of Canada
(3) The motto of Canada· is “A mari usque ad mare“.
Amendment
(4) Parliament may amplify or modify this Charter with respect to any matter provided for in this section.
12. (1)
Note: (1) The census provision has been moved further on in the Bill and now appears as section 64.1 on page 31.
The Federal Authority in and for Canada
The Governor General of Canada (1)
Application of provisions relating to Governor General.
13. The provisions of the Constitution of Canada referring to the Governor General apply to the Governor General for the time being of Canada or the Administrator for the time being carrying on the executive government of and over Canada, by whatever title that person may be designated.
Note:
(1) Sections 42 to 48 of Bill C-60 are deleted for the purposes.of this draft. Section 9 and sections 12 to 15 of the B.N.A. Act would be left in force. These provisions cover the following subjects:
Provisions of Bill C-60
42. Office of Governor General Established
43. Executive government vested in Governor General
44. Precedence, and relationship to other offices
45. (1) Tenure of office of Governor General
(2) Appointments to office of Governor General
(3) Salary, etc. of Governor General
46. Powers, authorities and functions of Governor General
47. Command of Forces
48.(1) Appointment of deputies
(2) Construction of provisions respecting Governor General; additional provisions respecting office, etc. of Governor General and for appointment of Administrator
(3) Application of Provisions referring to Governor General
Provisions of B.N.A. Act
9. Declaration of Executive Power in the Queen
12. All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone
13. Application of Provisions referring to Governor General in Council
14. Power to Her Majesty to authorize Governor General to appoint Deputies
15. Command of armed Forces to continue to be vested in the Queen
Executive Authority
The Council of State of Canada
Constitution of Council of State of Canada
14. (1) There shall be a council, to be callee the Council of State of Canada, to aid and advise in the government of Canada.
Members of Council of State
(2) The members of the Council of State shall be chosen and summoned from time to time by the Governor General and sworn in as Councillors of State, and may be removed by the Governor General.
Membership to include Ministers
(3) Without limiting the generality of subsection (2), the persons chosen and summoned to be members of the Council of State shall include, if they are not already members thereof,
(a) the Prime Minister of Canada; and
(b) each other person who, on the advice of the Prime Minister, is to be appointed as a Minister of the Crown and a member of the administration for the time being of Canada.
References to Governor in Council
15. The provisions of the Constitution of Canada referring to the Governor General in Council of the Governor in Council shall be construed as referring to the Governor General acting by and with the advice of the Council of State.
The Cabinet
Constitution of the Cabinet
16. There shall be a committee to be called the Cabinet, consisting of the Prime Minister and such other councillors of State as are both Ministers of the Crown and members of the administration for the time being of Canada.
Note:
(1) Query: Should “Council of State” become “Privy Council”?
(2) Privy Council Office officials have expressed concerns regarding the provisions on the_ Cabinet. These concerns are being considered.
Powers of functions of Cabinet as committee of Council of State
17. The Cabinet is a committee of the Council of State and as such may, in the name of the Council of State, act for and exercise and perform the powers, duties and functions of the Council of State. Including the establishment of quorums for particular purposes.
Relationship of Cabinet to House of Commons of Canada
18. (1) The Cabinet is responsible to the House of Commons for the management and direction of the government of Canada.
Advice to be tendered
(2) In the event that the Cabinet is unable to command the confidence of the House of Commons, the Prime Minister shall forthwith so inform the Governor General and as soon as possible thereafter tender to the Governor General his or her advice on
(a) whether Parliament-should on that account be dissolved, or
(b) if the dissolution of Parliament on that account is not advised by the Prime Minister or is refused by the Governor General, whether the resignation of the Prime Minister and of the other members of the Cabinet should be accepted.
Powers of Governor General on receipt of advice
(3) On receipt of advice tendered by the Prime Minister under subsection (2), the Governor General may, in his or her discretion,
(a) if the dissolution of Parliament is advised by the Prime Minister, dissolve or refuse to dissolve Parliament; or
(b) if the dissolution of Parliament is not advised by the Prime Minister or is refused by the Governor General, invite the Prime Minister to form another administration or acce9t the resignation of or dismiss the Prime Minister and the other members of his or her Cabinet and invite someone other than the Prime Minister to form the administration for the time being of Canada.
Confidence to be decided by House
(4) In the event of any dispute arising as to whether the Cabinet commands the confidence of the House of Commons, the matter shall be decided by the House of Commons, whose decision thereon shall be conclusive.
Eligibility to be Cabinet member
19. (1) No person is eligible to be a member of the Cabinet unless he or she is a member of one of the Houses of Parliament or is qualified to be a candidate for election to the House of Commons.
Tenure
(2) A member of the Cabinet who is not a member of one of the Houses of Parliament for a period of six months ceases, at the end of that period, to be a member of the Cab-inet and becomes eligible to be a member of the Cabinet again only upon becoming a member of either such House.
Seat of Government of Canada
Seat of Government of Canada
20. The seat of government of Canada shall be Ottawa.
Legislative Authority
The Houses of Parliament
Constitution of Parliament
21. There shall be one Parliament for Canada, cons is ting of the Queen, an upper house called the senate and the House of Commons.
Summoning of Houses of Parliament
22. The Governor General shall from time to time, in the Queen’s name, by instrument under the Great seal of Canada, summon and call together the Houses of Parliament to meet in Parliament assembled.
Privileges, etc. of Houses
23. The privileges, immunities and powers to be held, enjoyed and exercised by each of the Houses of Parliament and the members thereof respectively shall be such as are from time to time defined by Act of Parliament.
Rules of Houses
24. (1) Subject to this Charter, each House of Parliament shall decide its own rules and those applicable to its respective committees, and shall provide for their administration and enforcement.
Deliberations to be public unless otherwise decided.
(2) The deliberations of each House of Parliament shall be open to the public unless a decision is made in the case of any particular deliberations thereof that they shall be held in closed session.
Form of records, etc. and manner of making available
(3) The records and journals of each House of Parliament shall be made available to the public in such form and manner as each House may decide. (1)
Participation of member of Cabinet in deliberations of other House
25. Where a member of the Cabinet who is a member of one of the Houses of Parliament has been invited, by or with the concurrence of the Speaker of the other House, to participate in the deliberations of the other House on a particular occasion or on occasions of .a particular kind, the member may accordingly so participate, subject to and in ·accordance with the rules of that House, but is not entitled to vote on any matter in that House.
Members to be Canadian citizens
26. No person is eligible to be a member of either of the Houses of Parliament unless he or she is a citizen of Canada.
The Senate (2)
Note: (1) The specific provision for secrecy in subsection 59(3) of Bill C-60 has been deleted as being unnecessary.
(2) The sections relating to the Senate have not been drafted at this time.
The House of Commons
Constitution of House of Commons
27. Subject to this Charter, the House of Commons consists of such number of members from each province and territory as may from time to time be determined by or pursuant to an Act of Parliament.
Increase or decrease in membership of House.
28. Any increase or decrease in the total number of members of the House of Commons or in the number of members from any province shall be so made that as nearly as reasonably may be an equitable representation of the provinces in the House based on representation that is proportional by population, is maintained.
Minimum number of members to represent any province
29. A province is always entitled to be represented in the House of Commons by a number of members not less than the number of Senators representing that province.
Schedule
30. In accordance with the principles set out in sections 28 and 29, until such time as Parliament may, subject to these sections, otherwise provide by amending Schedule A to this Charter or otherwise, membership of the House of Commons is fixed or shall be determined as set out in that Schedule.
Laws respecting House to continue in force until altered
31. Subject to this Charter and until Parliament otherwise provides, the constitution of the House of Commons shall continue as it was at the commencement of this Charter
Appropriation and tax Bills to originate in House of Commons
32. Bills proposed to Parliament for appropriating any part of the public revenue, or for imposing any tax or duty, shall originate in the House of Commons.
Recommendation of money votes
33. It shall not be lawful for the House of Commons to adopt or pass any vote, resolution, address or Bill for the appropriation of any part of the public revenue, or of any tax or duty, to any purpose that has not first been recommended to the House of Commons by message of the Governor General in the session in which that vote, resolution, address or Bill is proposed.
Assent
Assent
34. When a Bill is passed by the Houses of Parliament, it shall be submitted to the Governor General for assent in the Queen’s name.
Limitation
Limitation
35. Nothing in sections 13 to 34 shall be held to derogate from the status of the Lieutenant Governor of any province or from the rights or privileges granted or secured by the Constitution of Canada to the Lieutenant Governor, the legislature or the government of any province.
Provincial Authorities
The Lieutenant Governor
Office of Lieutenant Governor
*36. For each province, there shall be an officer who shall be called the Lieutenant Governor of the province.
Appointment of Lieutenant Governor
*37. (1) Each Lieutenant Governor of a province shall be a Canadian citizen and _shall be appointed by the Governor General in Council by instrument under the Great Seal of Canada, following consultation on his or her appointment with the executive council of that province.
Tenure of office and removal
*(2) Each Lieutenant Governor of a province shall hold office during the pleasure of the Governor General, but shall not be removable from that office within five years from his or her appointment except for cause assigned, which shall be communicated to him or her within thirty days after the order for his or her removal is made, and shall be communicated by message to both Houses of Parliament and to the executive council of that province forthwith thereafter.
Salaries and Pensions
*38. The salaries and pensions of the Lieutenant Governors shall be fixed and provided by Parliament.
Oaths to be made and subscribed.
*39. Each· Lieutenant Governor of a province shall, before assuming the duties of his or her office, make and subscribe, before the Governor General or some person authorized by the Governor General, oaths of allegiance and office similar to those taken by the Governor General.
Powers, authorities and functions
*40. All powers, authorities and functions vested in or exercisable.by the Lieutenant Governor of a province, with the advice or with the advice and consent of the executive council of the province, in conjunction with the or any member thereof, or by the Lieutenant Governor individually, as the case may be, immediately before the coming into effect of this section, continue to be vested in or exercisable by the Lieutenant Governor, on the advice or by and with the advice of the executive council, or any member thereof, or by the Lieutenant Governor individually, as the case requires, subject to being abolished or altered by the legislature of the province except as regards any such power, authority or function conferred or provided for by the Constitution of Canada.
Appointment of deputies
*41. (1) The Lieutenant Governor of a province may appoint deputies to exercise, during the pleasure of the Lieutenant Governor, such of the powers, authorities and functions of the Lieutenant Governor as the Lieutenant Governor assigns to such deputies,-but the appointment of such deputies does not affect the exercise by the Lieutenant Governor personally of any power, authority or function.
Provision for administrator
* (2) The Governor General in Council may, at the request of the executive council of a province, make provision for the appointment of and respecting the office of an administrator to carry on the executive government of the province during the absence or incapacity of the Lieutenant Governor of the province o”r during the period while any vacancy in the office of Lieutenant Governor thereof remains unfilled.
Application of provisions referring to Lieutenant Governor
*(3) The provisions of the Constitution of Canada referring to the Lieutenant Governor of a province apply to the administrator for the time being carrying on the executive government of the province, by whatever title that person may be designated.
Executive Council
Constitution of executive council
*42. (1) In each province, subject as otherwise provided by the constitution of the province, there shall be an executive council, by whatever name the executive council may be called, to aid and advise in the government of the province.
Members of executive council
* (2) The members of the executive council of a province shall be chosen and summoned from time to time by the Lieutenant Governor of the province and sworn in as executive (1) councillors, and may be removed by the Lieutenant Governor.
References to Lieutenant Governor in Council
*43. The provisions of the Constitution of Canada referring to the Lieutenant Governor in Council of a province shall be construed as referring to ·the Lieutenant Governor of the province acting by and with the advice of the executive council of the province.
Seats of Provincial Governments
Seats of Provincial Governments
*44. Until the legislature of ·any province otherwise directs with respect to that province, the seats of government of the provinces are as follows: of Ontario, the City of Toronto; of Quebec, the City of Quebec; of Nova Scotia, the City of Halifax; of New Brunswick, the City of Fredericton; of Manitoba, the City of Winnipeg; of British Columbia, the City of Victoria; of Prince Edward Island, the City of Charlottetown; of Saskatchewan, the City of Regina; of Alberta, the City of Edmonton; and of Newfoundland, the City of St. John’s.
Provincial Legislative Authority
Constitution of legislature
*45. There shall be a legislature for each province consisting of the Lieutenant Governor of the province and the legislative assembly thereof, by whatever name the legislative assembly may be called.
Note: (1) Ontario has asked for provisions relating to provincial executives that are parallel to the federal provisions. Provisions reflecting in part this suggestion have been prepared but are not included in this draft.
Summoning of legislative assembly
*46. The Lieutenant Governor of each province shall from time to time, by instrument under the Great Seal of the province, summon and call together in the Queen’s name the legislative assembly of the province.
Laws respecting legislative assembly to continue in force until altered
*47. Until the legislative of any province otherwise provides, all laws in force in each province with respect to
(a) the election of members to the legislative assembly including controverted elections and proceedings with respect thereto, the qualifications and disqualifications of persons to be elected or to sit or vote as members thereof and the oaths to be made or subscribed by such members,
(b) the election of a Speaker of the legislative assembly after a general election and on any vacancy, the powers and duties of the Speaker and the selection of and the powers and duties of deputies of the Speaker, and
(c) the quorum of and mode of voting in the legislative assembly, appropriation and tax Bills and the recommending of money votes, shall continue in force after the coming into effect of this section and, subject to this Charter, in all other respects, the constitution of the legislative assembly shall continue as it was at the coming into effect of this section.
Distribution of Legislative Powers
Powers of Parliament
Legislative authority of Parliament
* 48. It shall be lawful for Parliament to make laws for the peace, d or er and good government of Canada, in relation to all matters not coming within the classes of subjects by this Charter assigned exclusively to the legislatures of the provinces.
Classes of subjects within legislative authority of Parliament
* (2) For greater certainty, but not so as to restrict the generality of this section, it is hereby declared that, notwithstanding anything in this Charter, the exclusive legislative authority of Parliament extends to all matters within the following classes of subjects:
1. the amendment from time to time of the Constitution of Canada, except as regards matters coming within the classes of subjects by this Charter assigned exclusively to the legislatures of the provinces, or as regards rights or privileges granted or secured by the Constitution of Canada 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 principles with respect to elections to legislative bodies declared by section 70 to be fundamental principles of the Constitution of Canada and the requirements respecting legislative bodies and (2) legislatures set out in sections 71 and 72;
1A. the public debt and property;
2. the regulation of trade and commerce;
2A. unemployment insurance;
Notes: (1) This draft would avoid mentioning the Queen or the Governor General as being part of Parliament. It is not necessary to start section 48 according to the phraseology in the B.N.A. Act. The opening words of section 91 at present read as follows:
“It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make laws … ”
(2) This class would be deleted if the amending formula is included in the Charter. If it remains in the Charter it requires amendment as regards reference to rights and freedoms.
3. the raising of money by any mode or system of taxation
4. the borrowing of money on the public credit;
5. postal service;
6. the census and statistics;
7. Canadian armed forces and defence(1);
8. the fixing of and providing for the salaries, allowances and benefits of civil and other officers of the government of Canada(2);
9. beacons, buoys, lighthouses and Sable Island;
10. navigation and shipping;
11. quarantine and the establishment and maintenance of marine hospitals;
12. sea coast and inland fisheries;
13. ferries between Canada and any other country or between two provinces(13);
14. currency and coinage
15. banking, incorporation of banks and the issue of paper money;
16. savings banks;
17. weights and measures;
18. bills of exchange and promissory notes;
19. Interest
20. legal tender;
21. bankruptcy and insolvency
22. patents of invention and discovery;
23. copyrights;
24. Indians and lands reserve for Indians;
25. Naturalization and aliens;
26. (4)
27. the criminal law, except the constitution of courts of criminal jurisdiction, but including the procedure in criminal matters;
Notes: (1) At present reads: “Militia, military and naval services and defence”. The forces are now made up of the regular, reserve and special forces.
(2) “And benefits” is added
(3) At present reads: “ferries between a province and any British or foreign country or between two provinces”.
(4) “Marriage and Divorce” is deleted in consequence of proposed section 59 on pages 26 and 27.
28. the establishment, maintenance and management of penitentiaries; and
29. such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by this Charter assigned exclusively to the legislatures of the provinces.
Matters deemed not to be of local or private nature
*(3) Any matter coming within any of the classes of subjects enumerated in subsection (2) shall be deemed not to come within the class of matters of a local or private nature comprised in the enumeration of the classes of subject by this Charter assigned exclusively to the legislatures of the provinces.
Exclusive Powers of Provincial Legislatures
Subjects of exclusive provincial legislation
* 49. (1) In each province, the legislature may exclusively make laws in relation to matters coming within the following classes of subjects:
1. the amendment from time to time, notwithstanding anything in this Charter, of the constitution of the province except as regards the office of Lieutenant Governor, or as regards the principles with respect to elections to.legislative bodies declared by section 70 to be fundamental principles of the Constitution of Canada and the requirements respecting legislative bodies and legislatures set out in sections 71 and 72, as those principles and requirements apply by their terms to the (1) legislative assembly and legislature(1);
Note: (1) This class would be deleted if the amending formula is included in the Charter. If it remains in the Charter, it requires amendment as regard references to rights and freedoms.
2. direct taxation within the province for raising revenue for provincial purposes;(1)
3. the borrowing of money on the sole credit of the province;
4. the establishment and tenure of provincial offices and the appointment and payment of provincial officers;
5. the management and sale of the public lands belonging to the province and of the timber and wood thereon;
6. the establishment, maintenance and management of public and reformatory prisons in and for the province;
7. the establishment, maintenance and management of hospitals, asylums, charities and charitable institutions in and for the province, other than marine hospitals; (2)
8. municipal institutions in the province.
9. shop, saloon, tavern, auctioneer and other licenses for raising revenue for provincial, local or municipal purposes; (3)
10. local works and undertakings other than such as are of the following classes:
a) lines of steam or other ships, railways, canals, telegraphs and other works and undertakings…
Notes: (1) The draft proposal to vest indirect taxation powers in the provinces has not been included in view of the disposition of that item at the First Ministers’ Conference.
(2) Can “charitable” replace “eleemosynary”?
(3) “For” replaces “in order to the”.
connecting the province with any other or others of the provinces, or extending beyond the limits of the province,
(b) lines of steam ships between the province and any country other than Canada(1),
(c) such works as, although wholly situate within the province, are before or after their execution declared by Parliament to be for the general advantage of Canada, or for the advantage of two or more provinces, for purposes indicated in the declaration;( 2)
11. the incorporation of companies with provincial objects;
12. marriage, including the validity of marriage, in the province; (3)
13. property and civil rights in the province;
14. the administration of justice in the province, including the constitution, maintenance and organization of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts;
15. the imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter corning within any of the classes of subjects enumerated in this section; and
16. generally all matters of a merely local or private nature in the province.
Notes: (1) At present reads as follows: ships between the province and any foreign country. ”
(2) Modified to accord with Board best effort draft proposal on declaratory power discussed by First Ministers.
(3) Modified in consequence of proposed section 59 on pages 26 and 27.
Requirement to consult with respect to use of declaratory power of parliament.
* (2) (1) before Parliament declares any work to be for the general advantage of Canada or for the advantage of two or more provinces
(a) the government of Canada shall consult with the government of the province or the governments of each of the provinces in which the work is situate; and
(b) if the consultation under paragraph (a) does not result in an agreement that the work be so declared, the Prime Minister of Canada shall consult the first ministers of the provinces about the proposed declaration at a first ministers’ conference.
Declaration on failure of consultation
* (3) Where, after the consultation required by subsection (2), an agreement has not been reached that a work be declared to be for the general advantage of Canada or For the advantage of two or more provinces, a declaration under paragraph (1) 10 (c) s;1all have effect only for such period not exceeding five years from the effective date of the declaration as is stated in the declaration but nothing in this subsection prohibits Parliament from making a further declaration in respect of the work after the requirements of subsection (2) have again been fulfilled.
Limitation on declaratory power with respect to resources
*(4) No declaration under paragraph (1) 10 (c) shall be made by Parliament without the prior consent of the government of the province in which the work to be so declared is situate if it is a work for
(a) the primary production from any non-renewable or forestry resource; or
(b) the generation of electrical energy.
Revocation or limitation of declaration
*(5) Parliament may revoke any declaration of a work to be a work for the general advantage of Canada or for the advantage of two or more provinces made before or after. the coming into force of this section and may limit or, subject to subsections (2) to (4), extend .the purposes for…
Note: (1) Best effort draft Proposal on declaratory power discussed by First Ministers.
which any such declaration has been made.
Education
Education
*50. In each province, the legislature may exclusively make laws in relation t_o education, subject and according to
(a) in the case of Ontario, Quebec, Nova Scotia, New Brunswick, British Columbia and Prince Edward Island, the provisions of section 93 of the British North America Act, 1867
(b) in the case of Manitoba, the provisions of section 22 of The Manitoba Act, 1870,
(c) in the case of Saskatchewan and Alberta, the provisions of section 93 of the British North America Act, 1867 as altered with respect to Saskatchewan by section 17 of The Saskatchewan Act and with respect to Alberta by section 17 of The Alberta Act, and
(d) in the case of Newfoundland, the provisions of Term 17 of the Terms of Union of Newfoundland with Canada,
as those provisions applied or extended to and were in force in that province, immediately before the coming into effect of this section.
Non-renewable, Forestry and Electrical Resources
Exploration, development, etc. of certain resources
*51. (1)(1) In each province, the legislature may exclusively make laws in relation to
(a) exploration for anu the development, exploitation, extraction, conservation and management of non-renewable natural resources in the province, including laws in relation to the rate of primary production therefrom;
Note: (1) Generally based on best effort draft proposal on resources discussed by First Ministers.
(b) the development, exploitation, conservation and management of forestry resources in the province, including laws in relation to the rate of primary production therefrom; and
(c) the development, exploitation, conservation and management of sites and facilities in the province for the generation of electrical energy, including laws in relation to the rate of production therefrom.
Export from the province of certain resources
* (2) In each province, the legislature may make laws in relation to the export from the province of the primary production from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy
Relationship between laws of provinces and laws of Parliament
* (3) Any law enacted by the legislature of a province pursuant to the authority conferred by subsection (2) prevails over a law enacted by Parliament in relation to the regulation of trade and commerce except to the extent that the law so enacted by Parliament,
(a) in the case of a law in relation to the regulation of trade and commerce within Canada, is necessary to serve a compelling national interest that is not merely an aggregate of local interests; or (b) is a law in relation to the regulation of international trade and commerce, but no such law of Parliament may require production from
(i) any non-renewable natural resource of forestry resource in the province, or
(ii) facilities in the province for the generation of electrical energy.
Taxation of certain resources
*(4) In each province, this legislature may make laws in relation to the raising of money by any mode or system of taxation in respect of
(a) non-renewable natural resources and forestry resources in the province and the primary production therefrom, and
(b) sites and facilities in the province for the generation of electrical energy and the production therefrom,
whether or not such production is exported in whole or in part from the province.
Laws to be non-discriminatory within Canada
*(5) No law made by the legislature of a province pursuant to the authority conferred by subsection (2) or (4) is of any force or effect to the extent that it discriminates as between purchases of the primary production from non-renewable or forestry resources or from facilities for the generation of electrical energy for delivery in Canada outside the province and purchases thereof for delivery within the province.
Primary production from resources
* (6) For the purposes of this section,
(a) production from a non-renewable resource is primary production therefrom if
(i) it is in the form in which it exists upon its recovery or severance from its natural state, or
(ii) it is a product resulting from processing or refining the resource, and is not a manufactured product or a product resulting from refining crude oil or refining a synthetic equivalent of crude oil; and
(b) production from a forestry resource is primary production therefrom if it consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product, or wood pulp, and is not a product manufactured from wood.
*(7) Nothing in subsections (1) to (6) derogates from any powers or rights that a legislature or government of a province had immediately before the coming into force of those subsections.
Old Age Pensions
Old age pensions and supplementary benefits
* 52. Parliament may make laws in relation to old age pensions and supplementary benefits, including survivors’ and disability benefits irrespective of age, but no such law shall affect the operation of any law present or future of a provincial legislature in relation to any such matter.
Agriculture and Immigration
Agriculture and Immigration
*53. (1) In each province, the legislature may make laws in relation to agriculture in the province and to immigration into the province.
Idem
*(2) Parliament may make laws in relation to agriculture in all or any of the provinces and to immigration into all or any of the provinces.
Relationship between laws of provinces and laws of Parliament
*(3) Any law of the legislature of a province relative to agriculture or to immigration shall have effect in and for the province as long and as far only as it is not repugnant to any Act of Parliament
Communications
Cable distribution
*54. (1)(1) In each province, the legislature may make laws in relation to cable distribution, within the province, including the reception and redistribution of broadcast signals, within the province.
Idem
*(2) Parliament may make laws in relation. to the matters referred to in subsection (1) for each of the provinces.
Relationships between laws of the provinces and laws of Parliament
*55. Any law enacted by the legislature of a province pursuant to section 54 prevails to the extent of any inconsistency· over any law of Parliament enacted thereunder except in relation to Canadian content,
Canadian broadcast programmes and services, and technical standards, in which case any law of Parliament prevails to the extent of any inconsistency.
Note: (1) Sections 54 to 58 are generally based on the Federal draft proposals on communications discussed by First Ministers.
Consultation
* 56. The government of Canada shall consult the government of the province concerned before Parliament makes a law in relation to cable distribution ·within the province pursuant to section 54.
Telecommunications undertakings
* 57. Telecommunications undertakings that engage in cable distribution activities other than as carriers are, in respect of those acitivities, subject to laws enacted under section 54 by Parliament and the legislature of any province in which they operate.
Existing powers continued
* 58. Except where otherwise expressly provided in sections 54 to 47, nothing therein derogates from the legislative powers that Parliament and the legislatures of the provinces had immediately before the coming into force of those sections.
Family Law
Divorce
59. (1)(1) The legislature of each province may make laws in relation to divorce in the province, except that Parliament has exclusive authority to make laws in relation to the recognition of divorce decrees granted within or outside Canada, and in relation to the jurisdictional basis on which a court may entertain an application for divorce.
Idem
(2) The Parliament of Canada may make laws in relation to divorce, except that the legislature of each province has exclusive authority to make laws in relation to alimony, maintenance, custody and any other relief corollary to divorce.
Note: (1) Based on best efforts draft proposal on family law discussed by First Ministers
Relationship between laws of legislatures of laws of Parliament
(3) Where the legislature of a province enacts a law in respect of any of the matters in which it has concurrent authority with Parliament under this section, Parliament ceases to have authority [· in respect of that province] in all concurrent matters under this section while any such law of the legislature continues in force.
Powers of legislatures to confer jurisdiction of superior court judges
* (4) Notwithstanding that the judges are not appointed under section 103, the legislature of a province may confer, or authorize the Lieutenant Governor of the province to confer, concurrently or exclusively, on any court or division of a court or all or any judges of any court, the judges of which are appointed by the Lieutenant Governor of the province, the jurisdiction of a judge of a superior court of the province in any matters arising out of family relationships and rights and obligations among members of a family recognized as such in law. (1) (2)
Fisheries
*60.
Offshore Resources
*61.
Notes: (1) Additional implementation provisions are set out as section 133.l on page 56
(2) Final agreement on terminology in this provision remains to be settled with the provinces.
Expenditure of Money
Laws of Parliament for the expenditure of money
*62. (1)(1) The Parliament of Canada may make laws for the expenditure of money, or for conferring a benefit equivalent to that which would result from the expenditure of money, in relation to any matter not coming within the legislative jurisdiction of Parliament, and not within the concurrent legislative jurisdiction of Parliament and the legislature where a law of Parliament has paramountcy, subject to such of the following conditions and restrictions as are applicable in any particular case.
Authorization by provincial legislatures
(2) A law of Parliament referred to in subsection (1) that provides for payments to all provinces, or for conferring a benefit capable of providing an equivalent to that which would result from payments to them, and that is such that the payments are or the benefit is conditional on expenditures by the provinces or the foregoing of revenue by them, is of no force or effect unless authorized by the governments of a majority (2) or the provinces that have, according to the then latest general census, at least 50% (3) of the population of Canada.
Payments or benefits to individuals
*(3) A law of Parliament referred to in subsection (2), notwithstanding that.it is authorized as provided in that subsection, is of no force or effect unless it provides for payments or benefits to individuals residing in a province that does not accept payments…
Note: (1) Subsections (1) to (8)based on best efforts draft proposal on spending power discussed by First Ministers. (Alternative preferred by some provinces deleted.)
(2) The Prime Minister proposed “at least seven of the provinces”.
(3) The Prime Minister proposed “80%”.
or benefits thereunder that are in amounts determined by or pursuant to a provision of such law.
Variation between provinces
* (4) Subsections (2) and (3) apply whether or not the payments provided or the benefits conferred are provided or conferred on terms or conditions that may vary as between provinces.
Consultation with provinces
*(5) A law of Parliament referred to in subsection (1) that provides for payments to individuals or bodies, other than provincial governments, in all provinces and that significantly affects the programmes of any province is of no force or effect unless, prior to the enactment thereof, the government of Canada has consulted with the government of each province whose programmes would be so affected.
Idem
*(6) Where the ·government of Canada is of the opinion that a measure providing for payments as described in subsection ~) that it proposes to introduce for enactment by Parliament will significantly affect the programmes of a province, it shall consult with the government of that province before ·introducing the measure.
Advice by provincial government
*(7) A law referred to in subsection (5) shall be deemed not to have the effect therein referred to unless, prior to the enactment of the law, the government of a province has, in writing, advised the government of Canada that, in its opinion, the law will have such an effect.
[Text illegible] in Parliament and further consultation
* ( 8) Where the government of a province has advised the government of Canada as provided in subsection (7) in relation to a particular measure, a copy of the instrument reflecting such advice shall forthwith be laid before Parliament and thereupon no further consideration shall be given to the measure in Parliament for a period of ninety days or such lesser numbers of days as is agreed to by the government of the province, during which period the government of Canada shall consult with the government of the province in relation to the measure at a meeting convened for that purpose or in such other manner as is agreed on.
Conditions or restrictions relating to amendment or repeal
* (9) A particular amendment or the repeal of. a law of Parliament referred to in subsection (3) or (6) that 1 contains conditions or restrictions relating to its amendment or repeal is of no force or effect unless, prior to the coming into force of the amendment or repeal, such of those conditions or restrictions as are applicable to the particular amendment or to the repeal have been complied with. (1)
GENERAL
Revenue and Taxation
Consolidated Revenue Fund of Canada
*62.1 (1) All taxes, duties and other revenues over which Parliament has the power of appropriation shall form one Consolidated Revenue Fund, to be appropriated by Parliament for the public purposes of Canada.
Consolidated Revenue Funds of Provinces
*(2) All taxes, duties and other revenues over which the legislature of any province has the power of appropriation shall form one Consolidated Revenue Fund, to be appropriated.by the legislature of that province for’ the public purposes of that province.
Note: (1) This, was, not part of the best effort draft on spending power. It represents, in part only, section 99 of Bill c-60. It fails to cover conditions-or restrictions in legislation providing for unconditional payments to the provinces that would have been covered by section 99 of Bill c-60.
[Text illegible]
*63. All articles of the growth, produce or manufacture of any province shall be admitted free into each of the other provinces.
Exemption of public lands or property from taxation
*64. No lands or property belonging to Canada or any province shall be liable to taxation.
Census
Census
64 .1. A general census that distinguishes the population of each province and territory shall be taken in 1981 and in every tenth year thereafter.
DELEGATION OF LEGISLATIVE AUTHORITY
Delegation to Parliament
*65. (1)(1) Notwithstanding anything in the Constitution of Canada, but subject to this section, Parliament may make laws in relation to any matter coming within the legislative authority of a province.
Consent of provincial legislatures
*(2) No law enacted under subsection (1) has effect in any province unless
(a) prior to the enactment thereof, the legislature of one or more provinces has consented to the enactment of such a law by Parliament; and
(b) the legislature of that province has consented to the operation of such a law in that province.
Delegation to legislature of a province
*(3) Notwithstanding anything in the Constitution of Canada, but subject to this section, the legislature of a province may make laws in the province in relation to any matter corning within the legislative authority of Parliament.
Consent of Parliament
*(4) No law enacted in a province under subsection (3) has effect unless, prior to the enactment thereof, Parliament has consented to the enactment of such a law by the legislature of that province.
Enforcement
* (5) Parliament or the legislature of a province may make laws for enforcing any law made by it under this section.
Revocation of consent
*(6) A consent given under this section may at any time be revoked, and
(a) if a consent given under subsection (2) is revoked, any law made by Parliament to which the consent relates…
Note: (1) Based on Annex 5 to the Report on Patriation and the Amending Formula by the Continuing Committee of Ministers on the Constitution to First Ministers.
that is operative in the province in which the consent is revoked thereupon ceases to have effect in that province; and
(b) if a consent given under subsection (4) is revoked, any law made by the legislature of a province to which the consent relates thereupon ceases to have effect.
Repeal of law by Parliament
*(7) Parliament may repeal any law made by it under this section, in so far as it is part of the law of one or more provinces, but the repeal does not affect the operation of that law in any province to which the repeal does not relate.
Repeal of law by provincial legislature
*(8) The legislature of a province may repeal any law made by it under this section.
EQUALIZATION AND REGIONAL DISPARITIES
Commitment to promote equal opportunities, etc.
*66. (1)(1) Without altering the legislative authority of Parliament or of the legislatures or of 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 governments of the provinces, are committed to
(a) promoting equal opportunities for the wellbeing of Canadians;
(b) furthering economic development to reduce disparity in opportunities for social and economic well-being; ·and
(c) providing essential public services of reasonable quality to all Canadians.
Equalization Payments
*(2) Parliament and the government of Canada are further committed to the principle of making equalization payments to provinces that are unable to provide essential public services of reasonable quality without imposing an undue burden of taxation, or to the principle…
Note: (1) Based on Annex 1 to the Report on Equalization and Regional Development by the Continuing Committee of Ministers on the Constitution to First Ministers.
of making arrangements equivalent to equalization payments to meet the commitment specified in paragraph (1)(c)
Review by first ministers
*(3) The Prime Minister of Canada and the first ministers of the provinces shall review together the questions of equalization and regional development at least once every five years at a meeting convened pursuant to section 67.
FEDERAL PROVINCIAL CONSULTATION
Conference of first ministers to be convened at least annually
*67. (1) A conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada at least once in every year unless, in any year a majority of those composing the conference decide that it 1shall not be held.
Agenda of conference
* (2) The agenda of any conference convened pursuant to subsection (1) shall be decided by those composing the conference.
RIGHTS AND FREEDOMS WITHIN THE CANADIAN FEDERATION(1)
Title
Canadian Declaration of Rights and Freedoms
68. This section and sections 69 to 89 may be cited as the Canadian Declaration of Rights and Freedoms. (2)
Fundamental Freedoms
Fundament freedoms
69. (1) Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, opinion and expression, including freedom in the dissemination of news, (3) opinion and belief; and
(c) freedom of peaceful assembly and of association.
Justifiable limitations
(2) The manifestation or exercise of the freedoms declared by this section may be made subject only to such limitations prescribed by law as are reasonably justifiable in a free and democratic society in the interests of national security, public safety, order, health or morals or any rights and freedoms of others.
Democratic Rights
Democratic rights of citizens
70. Consistent with the principles of free and democratic elections to the House of Commons and to the legislative assemblies, and of universal suffrage for that purpose, every citizen of Canada shall, without unreasonable distinction or limitation, have 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.
Notes: (1) Except as otherwise noted, these provisions are based on the Federal draft Canadian Charter of Rights and Freedoms prepared for meetings of officials in Ottawa on January 11 and 12.
(2) This section varies from the Ottawa draft represents a proposal and formed by Ontario.
(3) Modified so that freedom of the press becomes implicit rather than explicit.
Declaration of elected legislative bodies
71. (1) No House of, assembly of a province shall continue for ~0mmons and no legislative longer than five Years from the date of the return of the writs for the choosing of its members.
Continuation in special circumstances
(2) Notwithstanding subsection (1)’ in time or real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly of a province may be continued by the legislature thereof beyond the time limited therefor by subsection (1), 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.
Annual sitting of elected legislative bodies
72. There shall be a sitting of Parliament and of each legislature at least once in every year and not more· than twelve months shall intervene between sittings.
Legal Rights
Legal rights
73. (1) Everyone has the right to life, liberty and security of his or her person and the right not to be deprived thereof ·except by due process of law, which process encompasses the following:
(a) the right to be secure against unreasonable searches and seizures;
(b) the right to protection against arbitrary or unlawful interference with privacy;
(c) the right. not to be detained or imprisoned except on grounds provided by law and in accordance with prescribed procedures; (1)
(d) the right on arrest or detention
(i) to be informed promptly of the reason for the arrest or detention,
(ii) to be provided with the opportunity to retain and consult counsel without delay, and
Note: (1) Previously “the right not to be arbitrarily detained or imprisoned”.
(iii) to the remedy by way of habeas corpus for the determination of the validity of his or her detention and for release if the detention is note lawful;
(e) the right of a person charged with an offence (1)
(i) to be informed of a specific charge,
(ii) to be tried within a reasonable time,
(iii) to be presumed innocent until proven guilty in a fair and public hearing by an independent and impartial tribunal,
(iv) not to be denied reasonable bail without just cause having been established, and
(v) not to be found guilty on account of any act or omission that at the time of the act or omission did not constitute an offence
(f) the right not to be tried or punished more than once for an offence of which he or she has been finally convicted or acquitted;
(g) the right to the benefit of the lesser punishment where the punishment for an offence of which he or she has been convicted has been varied between the time of commission and the time of sentencing (2);
(h) the right not to be subjected to any cruel or inhuman treatment or punishment;
(i) the right, when compelled to give evidence before any court, tribunal, commission, board or other authority, to counsel, to protection against self-crimination and to any other constitutional safeguard (3);
(j) the right to the assistance of an interpreter in any proceedings before a court, tribunal, commission, board or other authority, if the party or witness does not understand or speak the language in which the proceedings are conducted; and
Notes: (1) Previously read “the right as an accused person”
(2) Previously read: “conviction”.
(3) Modified extensively.
(k) the right to a fair hearing in accordance with the· principles the determination obligations.
Justifiable derogation
(2 ) In time of serious public emergency, the existence of which is officially proclaimed by or pursuant to a law enacted to deal with such circumstances or by a law specifically referring to this subsection (1), the rights mentioned in this section other than the right to life and those mentioned in subparagraphs (1)(d)(ii) and (1)(e)(v) and paragraphs (1)(h), (i) and (j) may be derogated from to the extent strictly required by the circumstances of the emergency.
Idem
(3) Nothing in this section precludes the enactment of or renders invalid a law that authorizes the holding of all or part of a proceeding in camera in the interests of national security, public safety or order or morality, in the interest of the privacy of one or more of the parties or where, in the opinion of the tribunal, publicity would prejudice the interests of justice.
Non-discrimination Rights
Equality before the law and equal protection of the law
74. (1) Everyone has the right to equality before the law· and. to equal protection of the law without distinction or restriction other than any distinction or restriction provided by law that is fair and reasonable having regard to the object of the law.
Affirmative action programmes
(2) Nothing in this section precludes any programme or activity authorized by or pursuant to law that has as its object the amelioration of conditions of disadvantaged persons or groups.
Notes: (1) Revised to delete reference to War Measures Act.
(2) Modified extensively.
Mobility Rights
Rights of citizens
75. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Rights of citizens and persons lawfully admitted for permanent residence
(2) Every citizen of Canada and every person who has admitted to Canada for permanent been lawfully residence and has not lost the status of a permanent resident has the right…
(a) to move to and take up residence in any province or territory, and
(b) to acquire property in(1), and to pursue the gaining of a livelihood in, any province or territory,
subject to any laws of general application in force in that province or territory other than any such laws that discriminate among citizens of Canada Primarily . on the basis of province or territory of present or previous residence or domicile. (2)
Justifiable limitations
(3) The rights declared by this section may be made subject only to such limitations prescribed by law as are reasonably justifiable in a free and democratic society either in the interests of national security, public, safety, order, health or morals or where there exist overriding economic or social considerations.
Property Rights
Property Rights
76. (1) Everyone has the right to the use and enjoyment of property, individually or in association with others, ·and the right not to be deprived thereof except in accordance with law that is fair and just.
Justifiable limitations
(2) Nothing in this section precludes the enactment of or rendering invalid laws controlling or restricting the use of property in the public interest or securing against property the payment of taxes or duties or other levies or penalties.
Notes: (1) The words “to acquire property in” have been added.
(2) The closing words of 75(2) have been modified extensively.
Idem
(3) The rights declared b subject only to y this section may be made such limitations in d prescribed by law addition to those referred to in subsection (2) as are reasonably Justifiable in a free and democratic interests of national security or society in the public safety, order, health or morals.
Official Languages
Official Languages of Canada
77. (1) English and French are the official languages of Canada, having the status and protection set forth in this Declaration.
Authority not limited
(2) Nothing in this Declaration limits. The authority of Parliament or of the legislature of a province to extend the status, protection or use of the English and French languages.
Language Rights
Proceedings of Parliament
78. (1) Everyone has the right to use English or French, as he or she may choose, in any of the debates or other proceedings of Parliament.
Debates of legislative assembly
(2) Everyone has the right to use English or French, as he or she may choose, in the debates of the legislative assembly of any province.
Statutes and records, etc. of Parliament
79. (1) The statutes and the records and journals of Parliament shall be printed and published in English and French.
Statutes and records, etc. of certain legislatures
(2) The statutes and the records and journals of the legislatures of Ontario, Quebec and New Brunswick (1) shall be printed and published in English and French.
Idem
(3) The statutes and the records and journals of the legislature of each province not referred to in subsection (2) shall be printed and published in English and French to the extent practicable accordingly as the legislature of the province prescribes.
Note: (1) Changed. For transition in relation to Ontario, see subsection 131(6) attached at page 53. Subsection 131(6) would produce an unlimited time for compliance. This could be restricted to a five year period as proposed in respect of court obligations by subsections 131(7) attached at page 53.
[Text illegible] versions of statutes authoritative
(4 ) Where the statutes of . described in any legislative body. any of subsections (1) to (3) printed and Published are in English and French, both language versions are equally authoritative.
Proceedings in Supreme Court and Courts constituted by Parliament
80. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, the Supreme Court of Canada or any court constituted by Parliament.
Proceedings in courts of certain provinces
(2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of Ontario, Quebec or New Brunswick (1).
Idem
(3) Either English or French mav be used bv anv person in, or in any pleading or process in or issuing from, any court of a province not referred to in subsection (2), to the greatest extent possible accordingly as the legislature of the province prescribes.
Proceedings in relation to certain offences
(4) In proceedings in any court in Canada relating to an offence…
(a) created by or pursuant to an Act of Parliament, or
(b) created by or pursuant to an Act of the legislature of a province if the punishment for the offence may be imprisonment,
any person giving evidence before the court has the right to be heard in English or French, as he or she may choose, through the services of an interpreter where necessary, and the right not to be placed at a disadvantage in so being heard.
Rules for orderly implementation and operation
(5) Nothing in this section precludes the application of such rules as may be prescribed by any competent body or authority for the orderly implementation and operation of this section.
Note: (1) Changed. For transition in relation to Ontario and New Brunswick, see subsection 131(7) attached at page 53.
Communication by public with government of Canada
81. (1) Any member of the public in Canada has the right to communicate with and to receive services from any head or central office of an institution of government of Canada in English or French, as he or she may choose, and he or she has the same right with respect to any other principal office of any such institution where that office is located within an area of Canada in which it is determined, in such manner as may be prescribed or authorized by Parliament, that a substantial number of persons within the population use that language.
Communication by public with government of a province
(2) Any member of the public in a province has the right to communicate with and to receive services from any head, central or other principal office of an institution of government of the province in English or French, as he or she may choose, to the extent to which and in the areas of the province in which it is determined, in such manner as may be prescribed or authorized by the legislature of the province, that the right should pertain having regard to the practicability and necessity of providing such services.
Rights and privileges preserved
82. Nothing in sections 77 to 81 abrogates or derogates form any legal or customary right or privilege acquired or enjoyed either before or after the commencement of this Charter with respect to any language that is not English or French.
Language of educational instruction
83.(1)(1) Citizens of Canada in a province who are members of an English-speaking or French-speaking minority population of that province have a right to have their children receive their educational instruction in their minority language at the primary and secondary school level wherever the number of children of such citizens resident in an area of the province is sufficient to warrant the provision out of public funds of minority language education facilities in that area.
Note: (1) This section, particularly subsection (2), has been modified on the basis of discussions with Ontario.
[Text illegible] for determining where numbers warrant
(2) In each province, the legislature may enact provisions for determining where the number of children of citizens of Canada who are members of an English-speaking of French-speaking minority population in an area of the province is sufficient to warrant the provision out of public funds of minority language education facilities in that area.
Preservation of English and French as languages of identifiable minority groups.
84. No law enacted by or under the authority of Parliament or a legislature of a province, after this Declaration extends to matters within its authority, applies or has effect so as to legislative affect adversely the preservation of either English or French as the language spoken or otherwise enjoyed.by any group of persons constituting an identifable and substantial linguistic community in any area of Canada.
Undeclared Rights
Undeclared rights and freedoms
85. Nothing in this Declaration abrogates or derogates from any right or freedom not declared by it that may exist in Canada, including any right or freedom that may pertain to the native peoples of Canada.
General
Laws, etc., not to apply so as to abrogate declared rights and freedoms
86. To the end that the paramountcy of this Declaration be recognized and that full effect be given to the rights and freedoms herein declared, any law and any administrative act that is inconsistent with any provision of ~he Declaration is, except as specifically otherwise provided in or as authorized by this Declaration, inoperative and of no force or effect to the extent of the inconsistency.
Enforcement of declared rights and freedoms
87. Where no other effective recourse or remedy is available or provided for by law, anyone whose rights or freedoms as declared by this Declaration have been infringed or denied to his or her detriment has the right to apply to a court of competent jurisdiction to obtain such relief or remedy as the court deems appropriate and just in the circumstances.
Application to territories and territorial institutions
88. A reference in any of sections 70 to 72 and 77 to 84 to a province or to the legislative assembly or legislature of a province includes a reference to the Yukon Territory or the Northwest Territories or to the Council or Commissioner in Council thereof, as the case may be.
Legislative authority not extended
89. Nothing in this Declaration confers any legislative authority on any competent body or authority in that behalf in Canada, except as expressly contemplated by this Declaration·.
THE COURTS AND JUDICIARY (1)
The Supreme Court of Canada
Supreme Court of Canada
90. There shall be a general court of appeal for Canada called the Supreme Court of Canada.
Constitution of Supreme Court
91. The Supreme Court of Canada shall consist of a chief justice, to be called the Chief Justice of Canada, and eight other judges, who shall be appointed by the Governor General.
Eligibility for appointment
92.(1) A person is eligible to be appointed as a judge of the Supreme Court if, after having been admitted to the bar of any province, the person has, for a total period of at least 10 years, been a judge of any court in Canada or a barrister or advocate at the bar of any province.
Appointment of judges from Quebec
(2) At least three of the judges of the· Supreme Court shall be appointed from among persons who, after having been admitted to the bar of Quebec, have, for a total period of at least ten years, been judges of any court of that province or of a court established by Parliament or advocates at the bar of Quebec.
Procedure on vacancy
93. Where a vacancy in the Supreme Court occurs, the Minister of Justice of Canada shall consult with the Attorney General of the province or Attorneys General of the provinces from which the persons being considered for appointment come.
Tenure of Office of judges of Supreme Court
94. (1) The judges of the Supreme Court hold office during good behaviour until they attain the age of seventy years but are removable by the Governor General on address of the Senate and the House of Commons.
Salaries, allowances and pensions of judges of Supreme Court
(2) The salaries, allowances and pensions of the judges of the Supreme Court shall be fixed and provided by Parliament.
Note: (1) Based on best efforts draft proposal on the Supreme Court and the Judiciary discussed by First Ministers
[Text illegible]
96. The Supreme Court has excluded ultimate appellate civil and criminal jurisdiction within and for Canada.
Appeals with leave of Supreme Court
96. An appeal to the Supreme Court lies from an opinion pronounced by the highest court in a province on any matter referred to it for hearing and consideration by the Lieutenant Governor in Council of that province.
Appeals from references by Lieutenant Governor
97. An appeal to the Supreme Court lies from an opinion pronounced by the highest court in a province on any matter referred to it for hearing and consideration by the Lieutenant Governor in Council of that province.
Additional appeals
98. In addition to any appeal provided for by sections 96 and 97, an appeal to the Supreme Court lies as may be provided by an Act of Parliament
References of questions of law or fact
99. Parliament may make laws authorizing the reference of questions of law or fact to the Court and requiring the Court to hear and determine such questions.
Questions relating to civil law of Quebec
100. Where any case before the Supreme Court involves a question of law relating to the civil law of Quebec and no other question of law, that case shall be heard by a panel of five judges at least three of whom have the qualifications described in subsection 92 (2) or, with the consent of the parties, by a panel of four judges at least two of whom have those qualifications.
Organization, maintenance and operation of Supreme Court
101. Parliament may make laws providing for the organization, maintenance and operation of the supreme Court, and for the effectual execution and working of the provisions of this Charter relating-to the Supreme Court and the attainment of their intention and objects, including laws providing for the appointment of such ad hoe judges as may be necessary to ensure quorums.
Courts for Better Administration of Laws of Canada
Constitution of Courts for better administration of laws of Canada
*102. Parliament may, notwithstanding anything in the Constitution of Canada, provide for the constitution, organization, maintenance and operation of courts for the better administration of the laws of Canada, but no law providing for the constitution, organization, maintenance or operation of any such courts shall derogate form the jurisdictional of the Supreme Court of Canada as a general court of appeal for Canada.
Appointment and Tenure of Office of Judges of Superior, District and County Courts and their Salaries, Allowances and Pensions (1)
Appointment of judges or superior, district and county courts
103. The Governor General shall appoint the judges of the superior, district and county courts in each province, except those of the courts of probate in Nova Scotia and New Brunswick.
Procedure on vacancy
104. Where a vacancy occurs in the superior, district or county courts of province, the Minister of Justice of Canada shall consult with the Attorney General of the province as to persons being considered for appointment.
Selection of judges appointed by Governor General
105. The judges of the courts in each province appointed by the Governor General shall be selected from among members of the bar of the province or from among judges who were members of the bar of the province prior to their appointment as judges.
Tenure of office of judges of superior courts
106. The judges of the superior courts of the provinces hold office during good behaviour until they attain the age of seventy years but are removable by the Governor General on address of the Senate and the House of Commons.
Salaries, allowances and pensions of judges generally
*107. The salaries, allowances and pensions of the judges of the superior, district and county courts in each province, except the courts of probate in Nova…
Note: (1) In view of the Prime Minister’s statement on this subject, this heading and sections 103 to 107 might be deleted.
Scotia and New Brunswick, shall be fixed and provided by Parliament
Deputy Judges
*108. (1) For the purpose of enabling persons being tried or giving evidence in any superior, district or county court in a province to exercise any right they may have by law to be tired or heard in English or French according to their choice, the Governor General may, notwithstanding sections 105 and 106, at the request of the Attorney General and appropriate chief justice of the superior court or chief or senior judge of the district or county courts of that province…
(a) appoint any persons who have been judges of a superior, district or county court of any other province, or
(b) appoint any persons who are judges of such a court of any other province with the consent of the Attorney General and appropriate chief justice or chief judge of such province,
to be deputy judges of any superior, district or county court in the province on behalf of which the request is made.
Tenure of office of deputy judges
*(2) A deputy judge may be appointed pursuant to this section for any period of time during which period, he or she shall perform such judicial duties as are assigned by the appropriate chief justice or chief or senior judge, and his or her appointment may be terminated at the pleasure of the Governor in Council.
Interpretation
109. For the purposes of sections 90 to 108, the term “province” includes the Yukon Territory and the Northwest Territories.
AMENDMENTS TO THE CONSTITITON (1)
General amendment formula
*110. Amendments to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada when so authorized by resolutions of the Senate and House of Commons and of the legislative assemblies of at least two-thirds of…
Note: (1) Based on annex 1 to the Report on the Amending Formula by the Continuing Committee of Ministers on the Constitution to First Ministers.
the provinces that have, according to the then latest general census, at least eighty-five per cent of the population of Canada
Amendments with unanimous consent
*111. Amendments to the Constitution of Canada in relation to ownership of, and legislative jurisdiction in respect of, natural resources and in relation to this section may be made by proclamation issued by the Governor General under the Great Seal of Canada when so authorized by resolutions of the Senate and House of Commons and of the legislative assemblies of all provinces.
Amendments with consent of provinces to which they apply
* 112. Amendments to the Constitution of Canada in relation to any provision that applies to one or more, but not all, of the provinces, may be made by proclamation issued by the Governor General under the Great Seal of Canada when so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which such an amendment applies.
Amendments without resolution of Senate
*113. An amendment may be made by proclamation under section 110, 111 or 112 without a resolution of the Senate authorizing the issue of the proclamation is within ninety days of the passage of a resolution by the House of Commons authorizing its issue the Senate has not passed such a resolution and at any time after the expiration of the ninety days the House of Commons again passes the resolution, but any period when Parliament is prorogued or dissolved shall not be counted in computing the ninety days.(1)
Rules applicable
*114. The following rules apply to the procedures for amendment described in sections 110 to 112:
(a) any of the procedures may be initiated by the Senate or the House of Commons or the legislative assembly of a province; and
Note: (1) This section derives from article 51 of the Victoria Charter. Whether the section [text illegible] in this form will depend on further discussions on the Senate.
(b) a resolution made for the purpose of such a procedure may be revoked at any time before the issue of a proclamation authorized by it.
Amendments within jurisdiction of Parliament
*115. Parliament may exclusively make laws amending the Constitution of Canada in relation to the executive government of Canada and the Senate and House of Commons.
Amendments within jurisdiction of legislatures
*116. In each province, the legislature may exclusively make laws in relation to the amendment from time to time of the Constititon of the province.
Matters to be dealt with under general amendment formula
*117. Notwithstanding sections 115 and 116, the following matters may be amended only in accordance within the procedure set out in section 110:
(a) the office of the Queen, of the Governor General and of the Lieutenant Governors;
(b) the requirements of the Constitution of Canada respecting yearly sessions of Parliament and the legislatures;
(c) the maximum period fixed by the Constitution of Canada for the duration of the House of Commons and the legislative assemblies;
(d) the powers of the Senate;
(e) the number of members by which a province is entitled· to be represented in the Senate, and the residence qualifications of Senators;
(f) the right of a province to a number of members in the House of Commons not less than the number of Senators representing the province;
(g) the principle of, representation of the provinces .in the House of Commons based on representation that is proportional to population prescribed· by the Constitution of Canada; and
(h) the requirements of the Constitution of Canada respecting the use of the English or French language (1).
Further application of general amendment formula
*118. The procedure prescribed in section 110 may not be used to make an amendment when there is another provision for making such amendment in the Constitution of Canada, but that procedure may nonetheless be used to amend any provision for amending the Constitution, including this section but excluding section 111, or in making a general consolidation and revision of the Constitution
Note: (1) This could depend on decisions taken as to provisions on language rights.
SECTIONS TO BE ADDED TO IMPLEMENTATION PROVISIONS
[Text illegible]
131. (1) Nothing in sections 78 to 80 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 Constititon of Canada.
Initial application of Canadian Declaration of Rights and Freedoms
(2) Until such time as this subsection is repealed by subsection (4), the Canadian Declarations of Rights and Freedoms, in this section referred to as the “Declaration”, shall be read and construed as extending only to matter coming within the legislative authority of Parliament, except as otherwise provided by the legislature of any province acting under the authority conferred on it by the Constitution of Canada.
Approval of additional measures to be taken when agreed
(3) In order that effect may be given as soon as may be to the extension of the .Declaration to matters coming with the legislative authority of the legislatures of all the provinces equally as to matters coming within the legislative authority of Parliament as part of the Constitution of Canada, it is hereby declared and directed that, on and after the commencement of this Charter and by virtue of its enactment by Parliament, both Houses of Parliament shall be deemed to have approved of a resolution for the amendment of the Constitution of Canada in the form and to the effect of the Declaration and, subject to subsection (9), for the repeal of
(a) sections 85, 86 and 133 of the British North America Act, 1869, and
(b) section 23 of the Manitoba Act, 1870;
which resolution may be taken up and dealt with by action as on a join address or by proclamation, as the case may be, as and when it may lawfully be so taken up and dealt with in accordance with the procedure for such amendment then recognized by accepted usage or expressly provided for by the Constitution of Canada.
[Text illegible]
(4) At such time as the resolution deemed by subsection (3) to have been approved by both Houses of Parliament has been taken up and dealt with as provided int hat subsection and any further action required by law to give effect thereto has been taken,
(a) subsections (1) and (2) are repealed;
(b) sections 55 to 57 of the British North America Act, 1867 respecting the reservations of assent to Bills, the disallowance of Acts and the signification of pleasure on Bills received, as those sections extended and were applicable immediately before the commencement of this Charter to the legislatures of the several provinces by virtue of and in the manner provided in section 90 of the British North America Act, 1867; and
(c) sections 20, 50 and 55 to 57 of the British North America Act, 1867, and section 90 thereof in so far as it relates to the matters provided for in paragraph (b), are repealed.
Application within some but not all provinces
(5) The legislature of any province, acting within the authority conferred on it by the Constitution of Canada, may at any time provide that,
(a) the provisions of the Declaration as they declare and relate to the fundamental freedoms, democratic rights and language rights referred to in sections 69 to 72 and 78 to 84 extend to matters coming within its legislative authority; or
(b) all provisions of the Declaration extend to matters coming within its legislative authority
(i) without qualification, or
(ii) with the following qualification only: “Section 86 of the Canadian Declaration of Rights and Freedoms does not apply in respect of the rights declared by any of sections 73 to 76 thereof where it is expressly declared by an Act of the legislature that such Act or a specified provision or provisions thereof operate and have force and effect notwithstanding the provisions of the Canadian Declaration of Rights and Freedoms”.
Transitional rules relating to statutes, etc. of Ontario
(6) Where all the provision of the Declaration or the provisions thereof as they declare and relate to language rights referred to in section 78 to 84 extend to matters coming within the legislative jurisdiction of the legislature of Ontario, subsection 79(2) as it relates to the statutes and the records and journals of the legislature of that province applies only to the statutes enacted after and to the records and journals printed and published after such day as is fixed by the legislature, and as it relates to any revision or consolidation of the statutes thereof, applies only to such a revision or consolidation authorized to have effect after such day as is fixed by the legislature.
Transitional rules relating to courts of Ontario and New Brunswick
(7) Where all the provisions of the Declaration or the provisions thereof as they declare and relate to language rights referred to in sections 78 to 84 extend to matters coming within the legislative jurisdiction of the legislature of Ontario or
New Brunswick, subsection 80(2) applied in respect of the courts of that province only so soon as it is practicable accordingly as the legislature of that province prescribes, but in any event not later than five years after the time at which the provisions thereof first extend to matters coming within the legislative jurisdiction of the legislature of Ontario or New Brunswick as the case may be.
[Text illegibile] of application within province
(8) From and after such time as it is provided by the legislature of any province, acting within the authority conferred on it by the Constitution of Canada, that all the provisions of the Declaration extend to matters coming within its legislative authority, either without qualification or with the qualification referred to in subsection (5), subject to subsection (9), the provision of the British North America act, 1867 respecting the reservation of assent to Bills, the disallowance of Acts and the signification of pleasure on Bills reserved, as those provisions extend and are made applicable to the legislature of the several provinces by virtue of an in the manner provided in section 90 of that Act, shall cease to extend and be applicable to the legislature of that province as if they were here repealed or made inapplicable in terms to that province and its legislature.
Idem
(9) Notwithstanding subsections (3) and (8), where the legislature of a province has provided that the Declaration extends to matters coming within its legislative authority with the qualifications referred to in subsection (5), the provisions of the British North America Act, 1867 respecting the reservation of assent to Bills, the disallowance of Acts and the signification of pleasure of Bills reserved, as those provisions extend and are made applicable to the legislatures of the several provinces by virtue of and in the manner provided in section 90 of that Act continue to extend and be applicable in respect of provisions enacted by the legislature of that province to the effect that any Act of the legislature of the province or any provision or provisions thereof operate and have force and effect notwithstanding the provisions of the Canadian Declaration of Rights and Freedoms.
[text illegible] for determination by territorial governments
(10) Notwithstanding subsection (2), for the purposes of that subsection, the legislative authority of Parliament shall be deemed not to extend to the Yukon Territory or the Northwest Territories in relation to any matter provided for in sections 77 to 83 of the Declaration that would not, if those territories were provinces, come within the legislative authority of Parliament, and in relation to any such matter the reference in subsection (2) to the legislature of any province acting under the authority conferred on it by the Constitution of Canada shall be read as extending to the Commissioner in Council of any territory of Canada acting within the authority which is hereby conferred on the Commissioner in Council.
ADDITIONAL SECTION RESPECTING FAMILY LAW TO BE ADDED TO THE IMPLEMENTATION PROVISIONS
Marriage Act
133.1. (1) Notwithstanding paragraph 49(1)(1), the Marriage Act, R.S.C. 1970, c. M-5, continues in effect in a province until repealed in respect of the province by the legislature of the province.
Divorce Act
(2) Notwithstanding subsection 59(1), the provisions of the Divorce Act, R.S.C. 1970, c. D-8, as amended, that are in effect on the date of the coming into effect of this section and that relate to matters within the exclusive jurisdiction of the provinces, continue in effect in a province until repealed in respect of the province by the legislature of the province.
SCHEDULE A
THE HOUSE OF COMMONS
Constitution of House of Commons
1. Subject to the Canadian Constitutional Charter, the House of Commons shall consist of 282 members, of whom 96 shall be elected for Ontario, 75 for Quebec, 11 for Nova Scotia, 10 for New Brunswick, 14 for Manitoba, 28 for British Columbia, 4 for Prince Edward Island, 14 for Saskatchewan, 21 for Alberta, 7 for Newfoundland, 1 for the Yukon Territory and 2 for the Northwest Territories.
Readjustment of representation in Commons
2. Subject to the Canadian Constitutional Charter, on the completion of the decennial census required by that Charter to be taken in the year 1981 and on the completion of each decennial census taken thereafter, the number of members of the House of Commons and the representation of the provinces therein shall be readjusted by such authority, in such manner and from such time as Parliament provides, subject and according to the following rules, and with the Yukon Territory being entitled to one member thereof and the Northwest Territories being entitled to two members thereof:
Quebec members
(1) There shall be assigned to Quebec 79 members in the readjustment following the completion of the decennial census taken in the year 1981 and thereafter 4 additional members in each subsequent readjustment.
Members for large province
(2) Subject to Rules (6) and (7), 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.
Members for small province
(3) Subject to Rules (6) and (7), there shall be assigned to a small province a number of members equal to the number obtaining 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 that 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).
Members for intermediate province
(4) Subject to Rules (5)(a), (6) and (7), 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 that one and a half million by the sum of the number of members assigned to those provinces under any of Rules (3), (5)(b), (6) and (7);
(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).
Idem and members where no increase in population
(5) 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 (6) and (7), 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); and
(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 (6) and (7), be assigned the number of members assigned to it in the readjustment following the completion of that census
Minimum number of members for province
(6) On any readjustment
(a) If, under any of Rules (2) to (5), 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)(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; and
(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.
Modification of Rules in particular cases
(7) 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 (6) 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; and
(b) If, as a result of the application of Rule (9)(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 (6), it shall be assigned that number of members and paragraph (a) shall cease to apply to that province.
Definitions
(8) 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 member to be assigned to it under any of Rules (1) to (7) 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;
“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 a half million.
Interpretation
(9) 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 disregarded the fraction;
(b) If more than one readjustment follows the completion of a decennial census, the most recent of those readjustment shall, upon taking effect, be deemed to be the only readjustment following the completion of that census; and
(c) A readjustment shall not take effect until the termination of the then existing Parliament.
Constitutional Amendment Bill
Index
Preamble……………………………………………………………………………………………………………1
The Canadian Federation ……………………………………………………………………………………2-4
Continuation ……………………………………………………………………………………………. 2.
Composition ………………………………………………………………………………………… 2 & 3
Ancillary Provisions Respecting Provinces and Territories …………………………… 3 & 4
Constitution of Canada ……………………………………………………………………………… 4
Symbols ………………………………………………………………………………………………….. 4
THE FEDERAL AUTHORITY IN AND FOR CANADA ………………………………………………… 5-11
The Governor General of Canada Executive Authority …………………………………… 5
The Council of State of Canada ………………………………………………………………… 6
The Cabinet …………………………………………………………………………………………….6-8
Seat of Government of Canada …………………………………………………………………… 8
Legislative Authority ………………………………………………………………………………8-11
The House of Parliament………………………………………………………………………….8&9
The Senate……………………………………………………………………………………………… 9
The House of Commons ………………………………………………………………………10 & 11
Assent ………………………………………………………………………………………………… 11
Limitation ……………………………………………………………………………………………. 11
PROVINCIAL AUTHORITIES…………………………………………………………………………….. 12-15
The Lieutenant Governor……………………………………………………………………….12&13
Executive Council…………………………………………………………………………………… 14
Seats of Provincial Governments ……………………………………………………………… 14
Provincial Legislative Authority …………………………………………………………… 14 & 15.
DISTRIBUTION OF LEGISLATIVE POWERS ……………………………………………………… 16 – 30
Powers of Parliament ……………………………………………………………………. 16 – 18
Executive Powers of Provincial Legislatures ………………………………………. 18 – 22
Education ……………………………………………………………………………………. 22
Non-renewable, Forestry and Electrical Resources ……………………………… 22 – 25
Old Age Pensions ………………………………………………………………………………… 25
Agriculture and Immigration …………………………………………………………………… 25
Communications ……………………………………………………………………………. 25 & 26
Family Law ……………………………………………………………………………………. 26 & 27
Fisheries …………………………………………………………………………………………… 27
Offshore Resources ……………………………………………………………………………… 27
Expenditure of Money ……………………………………………………………………… 28 – 30
GENERAL …………………………………………………………………………………………………30 & 31
Revenues and Taxation …………………………………………………………………… 30 & 31
DELEGATION OF LEGISLATIVE AUTHORITY ……………………………………………………… 31 & 32
EQUALIZATION AND REGIONAL DISPARITIES …………………………………………………. 32 & 33
FEDERAL PROVINCIAL CONSULTATION ………………………………………………………………… 33
RIGHTS AND FREEDOMS WITHIN THE CANADIAN FEDERATION ………………………… 34 – 43
Title …………………………………………………………………………………………………… 34
Fundamental Freedoms ………………………………………………………………………… 34
Democratic Rights ……………………………………………………………………………34 & 35
Legal Rights …………………………………………………………………………………… 35 & 37
Non-discrimination Rights …………………………………………………………………… 37
Mobility Rights ……………………………………………………………………………………. 38
Property Rights ………………………………………………………………………………. 38 & 39
Official Languages ………………………………………………………………………………. 39
Language Rights ……………………………………………………………………………. 39 – 42
Undeclared rights ………………………………………………………………………………… 42
General ………………………………………………………………………………………. 42 & 43
THE COURTS AND JUDICIARY ……………………………………………………………………… 44 – 47
The Supreme Court of Canada ………………………………………………………… 45 – 47
Courts for Better Administration of Laws of Canada…………………………………… 46
Appointment and Tenure of Office of Judges of Superior, District and County Courts and their Salaries, Allowances and Pensions ………………………………………………… 46&47
AMENDMENTS TO THE CONSTITION ……………………………………………………………… 47 – 50
IMPLEMENTATION PROVISIONS …………………………………………………………………. 51 – 56