The Canadian Constitution1982

• A Constitution is the body of laws that sets out who has the authority to MAKE laws.

• Canada’s constitution defines how: • we elect Parliament• the division of lawmaking authority between the Federal

and Provincial governments• the laws and rights and freedoms are applied for all

Canadians.

• An important part of Canada’s constitution is The Charter of Rights and Freedoms.

• Our rights are clearly outlined and no law can exist if it is contrary to the Charter.

• The Charter became part of our constitution in 1982, and was not part of our original constitution, the British North America Act, 1867.

• Canada has a Federal System of Government, which means that we have two levels of lawmaking authority.

– 1. The Federal Government

– 2. The Provincial and Territorial Governments

• Some of our laws originate from the Federal government, and some originate from the Provincial/Territorial government.

• The Provincial governments also give powers to Municipalities to create laws within those communities – called by-laws.

• The Provincial governments are currently lobbying for more powers over certain matters. (e.g.: Health Care)

• The Provincial governments have authority over more local matters, which can vary from province to province.

• The Municipal governments have authority over very local matters effecting the community. (e.g.: the height of fences, snow removal, dogs on a leash in parks, etc.)

• … Governments derive their just powers from the consent of the governed. That is you!

• The constitution establishes the relationship between the branches of governments.

• It tells the government what it may, and may not do.

• The government may not do a lot of things…