Understanding Canada's Constitution

Canada does not get a new constitution every year, contrary to a popular misconception. The Canadian Constitution, which outlines the structure of government, the distribution of powers, and the rights of citizens, remains a single foundational legal document. Although amendments can occur to address specific issues or changes in governance, these amendments do not equate to creating a new constitution annually. This article aims to clarify common misunderstandings about the Canadian Constitution and provides insights into constitutional changes and amendments.

The Evolution of the Canadian Constitution

The current Canadian Constitution was first enacted in 1867 through the British North America Act. It was later patriated in 1982 with the adoption of the Constitution Act, which included the Canadian Charter of Rights and Freedoms. Amendments since then have typically been rare and require significant legal processes.

Common Misconceptions About Canadian Constitutions

Some individuals might mistakenly believe that Canada gets a new constitution every year. This belief likely stems from the fact that constitutional amendments can occur, but these are typically based on specific issues or changes in governance. It is important to understand that even these changes do not constitute a new constitution every year.

Historical Context

The misconception about yearly constitutional changes might also be influenced by the perception that laws and societal norms have evolved significantly over the past 100 years. For example, the internet and computers were not available a century ago, and it is true that laws regarding these modern technologies might not be included in the original constitutional framework. However, the 1982 Constitution Act included the Canadian Charter of Rights and Freedoms, which has a significant impact on citizens' rights and societal norms.

The 1982 Constitution Act

The significant changes to the Canadian Constitution occurred in 1982 with the Constitution Act, which patriated the document from British control. This act included the Canadian Charter of Rights and Freedoms, which provided a comprehensive codification of fundamental rights and freedoms. Since 1982, no other major constitutional changes have been made, although minor tweaks can be made by individual provinces.

Minor Constitutional Tweaks

Although the Canadian Constitution remains a static document overall, provinces can make minor changes to how it applies to themselves. These changes can be made through provincial legislation, but they do not impact the constitution as a whole. Some provinces have taken advantage of this mechanism, but none of these changes have had a substantial impact on the constitution. The concept of a "notwithstanding clause" further complicates this picture, as it allows a law to remain valid even if it violates parts of the constitution. However, the use of this clause expires after a certain period, usually five years, unless renewed.

The Notwithstanding Clause

The notwithstanding clause is a somewhat controversial feature of the Canadian Constitution. It allows laws to pass despite constitutional provisions. This clause can be used to make a law valid even if it violates some important parts of the constitution. However, this protection is temporary, lasting for five years unless renewed through a new law. This clause can often lead to complexities in legal proceedings and is a contentious issue in Canadian jurisprudence.

Conclusion

Canada’s Constitution is a single, foundational legal document that remains relatively unchanged despite ongoing societal and technological advancements. Constitutional amendments can occur but do not necessarily result in a new constitution every year. Significant changes to the Constitution have occurred in 1867 and 1982, while minor adjustments can be made by individual provinces without impacting the overarching document. Understanding the nature and evolution of the Canadian Constitution is crucial for grasping the legal and political framework that defines Canadian society.