81-639: The Heritage Property Act (the Act) is a provincial statute which allows for the preservation of cultural heritage properties, archaeological sites and palaeontological sites in the province of Saskatchewan , Canada . The Act offers two types of protection: Provincial Heritage Properties are provincially significant places designated by the Minister of Tourism, Parks, Culture and Sport. As of March 2013, there are 50 such sites in Saskatchewan. Once designated,
162-770: A base to the navy of an adversary), as well as to support amphibious operations throughout the region (such as the Chesapeake campaign during the American War of 1812 ). Bermuda was consequently the most important British naval and military base in the Americas. Canadian confederation resulted in the Canadian Militia becoming responsible for the defence of the Maritimes, the abolition of the British Army's commander-in-chief there, and
243-665: A great deal of power relative to the federal government, with jurisdiction over many public goods such as health care, education, welfare, and intra-provincial transportation. They receive " transfer payments " from the federal government to pay for these, as well as exacting their own taxes. In practice, however, the federal government can use these transfer payments to influence these provincial areas. For instance, in order to receive healthcare funding under Medicare , provinces must agree to meet certain federal mandates, such as universal access to required medical treatment. Provincial and territorial legislatures have no second chamber like
324-509: A greater share of power at the federal level, and demands from Quebec for greater protection for its status as a distinct society . Quebec, in particular, has not formally agreed to the Constitution Act, 1982 , although this does not affect the legal applicability of the Act . Nevertheless, agreement on details of amendments has been elusive. Further complicating attempts to amend the constitution
405-515: A lieutenant-general termed a general officer commanding and the Bermuda garrison becoming a command in its own right. Bermuda was consequently left out of the confederation of Canada, though it retained naval links with Halifax and the state church (or established church ), the Church of England , continued to place Bermuda under the bishop of Newfoundland until 1919 (Bermuda also remained linked to
486-631: A prolonged economic crisis , and the legislature turned over political control to the Newfoundland Commission of Government in 1933. Following Canada's participation in the Second World War , in a 1948 referendum , a narrow majority of Newfoundland citizens voted to join the Confederation, and on March 31, 1949, Newfoundland became Canada's tenth province. The province was officially renamed Newfoundland and Labrador in 2001. Bermuda ,
567-631: A provincial constitution framed as an addition to part of the Constitution of Canada. An official at the Department of Justice , in June 2022, stated to Le Devoir that the additions to the constitution ostensibly made by the Quebec Legislature , through its Act respecting French, the official and common language of Quebec , would be "reproduced in the codification of the constitutional laws [...] in
648-745: Is called the National Assembly . Ontario has a legislative assembly but its members are called members of the Provincial Parliament or MPPs. The legislative assemblies use a procedure similar to that of the House of Commons of Canada . The head of government of each province, called the premier , is generally the head of the party with the most seats. This is also the case in Yukon, but the Northwest Territories and Nunavut have no political parties at
729-753: Is deemed to be the property of the Crown , and no person may disturb or dislocate such objects without a valid permit issued under the Act. Also protected are Sites of Special Interest, consisting of First Nations or Métis sites which the Act defines as properties containing any pictographs , petroglyphs , human skeletal material, burial objects, burial places or mounds, boulder effigies or medicine wheels. No one may destroy, deface, excavate or alter such sites. The Act also provides for: Provinces and territories of Canada Canada has ten provinces and three territories that are sub-national administrative divisions under
810-651: Is entrenched in the Constitution of Canada. The Supreme Court of Canada was not created by the constitution, rather the power to create a "Court of General Appeal for Canada" was granted to Parliament by s. 101 of the British North America Act, 1867 . Parliament proceeded to create the Supreme Court of Canada under the authority of s. 101 in 1875 by passing the Supreme Court Act , which was an ordinary piece of legislation with no constitutional significance at
891-682: Is formalized as a proclamation of the Governor General in Council. Officially, therefore, the constitution is amended by Proclamation, and the issue of the Proclamation requires prior approval by resolutions of the House of Commons, the Senate, and the necessary number of provincial legislative assemblies. The following matters are explicitly reserved to the "7/50 formula", by virtue of s. 42: No specific mention
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#1732906153257972-503: Is implied as entrenched into s. 52(2) because of sections 41 and 42. S. 52(2) uses the words "includes ..." to introduce the list of thirty instruments, suggesting that the provision does not contain an exhaustive list. The Supreme Court itself has confirmed in New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly) , [1993] 1 S.C.R. 319 that s. 52(2) is not exhaustive, but has not yet ruled on whether
1053-532: Is made in the procedure for amendments affecting what falls within the federal/provincial distribution of powers. Therefore, they can be dealt with generally under s. 38, or with respect to specific provinces under s. 43. However, a s. 38 amendment in that regard will not apply to a province that has passed a resolution of dissent from it, and s. 40 states that a s. 38 amendment that transfers provincial jurisdiction over an education or cultural matter to Parliament must be accompanied by reasonable compensation by Canada to
1134-497: Is required. Eight of the thirteen amendments passed since 1982 have been of this nature, four being passed by and for Newfoundland and Labrador , one for New Brunswick , one for Prince Edward Island , one for Quebec , and one for Saskatchewan . This formula is contained in section 43 of the Constitution Act, 1982 . According to s. 44, constitutional provisions concerning federal institutions (executive government of Canada, Senate, and House of Commons) can be amended unilaterally by
1215-547: Is the complexity of the procedure for doing so, which in most cases requires approval from both the federal government and two-thirds of the provincial governments representing at least 50 per cent of the population, and in some cases require the approval of the federal government and all ten provincial governments. There have been several amendments to the constitution since it was patriated in 1982 including amendments dealing with provincial schooling in Newfoundland and Quebec and
1296-602: The Alberta Party and Saskatchewan Party . The provincial political climate of Quebec is different: the main split is between sovereignty , represented by the Parti Québécois and Québec solidaire , and federalism , represented primarily by the Quebec Liberal Party . The Coalition Avenir Québec , meanwhile, takes an abstentionist position on the question and does not support or oppose sovereignty. Currently,
1377-555: The Atlantic (New Brunswick, Nova Scotia , Newfoundland and Labrador, and Prince Edward Island). The 1987 Meech Lake Accord , a package of constitutional amendments, intended to address Quebec's objections to the Constitution Act, 1982 , failed in 1990 when it was not ratified by all ten provincial governments. The last attempt at a comprehensive package of constitutional amendments was the Charlottetown Accord, which arose out of
1458-516: The British Columbia Terms of Union and documents that altered the structure of the government of Canada, such as the Parliament of Canada Act, 1875 . Amending the constitution has been a topic of much debate in contemporary Canada, and the two most comprehensive attempts to revise the document have both been defeated. There have, however, been thirteen amendments to the constitution since it
1539-560: The Canadian Senate . Originally, most provinces had such bodies, known as legislative councils , with members titled councillors. These upper houses were abolished one by one, Quebec's being the last in 1968. In most provinces, the single house of the legislature is known as the Legislative Assembly; the exceptions are Nova Scotia and Newfoundland and Labrador, where the chamber is called the House of Assembly , and Quebec where it
1620-548: The Colony of British Columbia . NWT included the northern two-thirds of Ontario and Quebec. After the province of Manitoba was established in 1870, in a small area in the south of today's province, almost all of present-day Manitoba was still contained in the NWT. (Manitoba expanded to its present size in 1912.) The British claims to the Arctic islands were transferred to Canada in 1880, adding to
1701-497: The Constitution Act are divided between the Government of Canada (the federal government) and the provincial governments to exercise exclusively. A change to the division of powers between the federal government and the provinces requires a constitutional amendment , whereas a similar change affecting the territories can be performed unilaterally by the Parliament of Canada or government. In modern Canadian constitutional theory ,
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#17329061532571782-426: The Constitution Act, 1867 , which provide that Quebecers form a nation and that French is the only official language of Quebec. Because the House of Commons did not authorize these additions to the Constitution Act, 1867 , they would only have effect if they were amendments to the constitution of Quebec made by the section 45 amending process. Constitutional scholars are divided on the validity of an amendment to
1863-401: The Constitution Act, 1982 , and is known as the "unanimity formula". It is reserved for the following matters: For some constitutional provisions, amendments can be passed only if identical resolutions are adopted by the House of Commons, the Senate and two-thirds or more of the provincial legislative assemblies (i.e. at least seven) representing at least 50 per cent of the total population of
1944-627: The Hudson's Bay Company . In 1870, the company relinquished its claims for £300,000 (CND$ 1.5 million), assigning the vast territory to the government of Canada. Subsequently, the area was re-organized into the province of Manitoba and the North-West Territories. The North-West Territories encompassed all of current northern and western Canada, except for the British holdings in the Arctic islands and
2025-772: The Keewatin Region . It occupied the area that is now the Kenora District of Ontario, northern Manitoba, and mainland Nunavut. The government of Keewatin was based in Winnipeg, Manitoba. The territory did not have any representation in federal parliament. The vast majority of Canada's population is concentrated in areas close to the Canada–US border . Its four largest provinces by area ( Quebec , Ontario , British Columbia and Alberta ) are also (with Quebec and Ontario switched in order) its most populous; together they account for 86% of
2106-562: The River St. Lawrence and Coast of America and North America and West Indies Station , the North America and Newfoundland Station , the North America and West Indies Station , and finally the America and West Indies Station ) main bases, dockyards, and Admiralty Houses. The squadron of the station was based at Royal Naval Dockyard, Halifax , during the summers and Royal Naval Dockyard, Bermuda , in
2187-578: The Supreme Court Act is included in the Constitution of Canada. In Reference re Supreme Court Act , ss. 5 and 6 2014 SCC 21, a majority of the Supreme Court ruled that clauses concerning the appointment of Justices from Quebec are entrenched. There was debate about whether the Succession to the Throne Act, 2013 , a federal statute, was a constitutional amendment that should have been passed under
2268-403: The Supreme Court Act . Some scholars, including Peter Hogg, have suggested that the references to the Supreme Court of Canada in sections 41 and 42 are ineffective. They argue that these references are "anticipatory" and will become effective only if Parliament adds the Supreme Court Act to the list in s. 52(2). Other scholars, including Professor Cheffins, have argued that the Supreme Court Act
2349-563: The world's second-largest country by area. The major difference between a Canadian province and a territory is that provinces receive their power and authority from the Constitution Act, 1867 (formerly called the British North America Act, 1867 ), whereas territories are federal territories whose governments are creatures of statute with powers delegated to them by the Parliament of Canada . The powers flowing from
2430-646: The 60° parallel, Ontario's to Hudson Bay and Quebec's to encompass the District of Ungava . In 1869, the people of Newfoundland voted to remain a British colony over fears that taxes would increase with Confederation, and that the economic policy of the Canadian government would favour mainland industries. In 1907, Newfoundland acquired dominion status. In the middle of the Great Depression in Canada , Newfoundland underwent
2511-416: The 7/50 formula), and that the failure to use the appropriate formula could result in future constitutional difficulties. Section 45 of the Constitution Act, 1982 allows provinces to amend their own provincial constitutions. However, many parts of provincial constitutions are embedded in documents forming part of the Constitution of Canada, and could require approval of the Senate and House of Commons under
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2592-583: The Act had no amending formula; instead, changes were enacted through Acts of the Parliament of the United Kingdom (or "Imperial Parliament") called the British North America Acts . Other Commonwealth countries had taken over the authority for constitutional amendment after the Statute of Westminster 1931 , but at the time, Canada decided to allow the Parliament of the United Kingdom to retain
2673-465: The Arctic , particularly as global warming could make that region more open to exploitation leading to more complex international waters disputes . Amendments to the Constitution of Canada [REDACTED] Canada portal Before 1982, modifying the Constitution of Canada primarily meant amending the British North America Act, 1867 . Unlike most other constitutions, however,
2754-673: The British Columbia Constitution contained in those documents. Quebec and Saskatchewan both passed amendments to their provincial constitutions framed as amendments to the Constitution of Canada. In 2021, the Quebec parliament passed a bill titled An Act respecting French, the official and common language of Quebec , which was largely amendments to the Charter of the French Language . The act purports to add sections 90Q.1 and 90Q.2 to
2835-531: The Canadian mainland (from those in James Bay to the Queen Elizabeth Islands ). The following table lists the territories in order of precedence (each province has precedence over all the territories, regardless of the date each territory was created). Another territory, the District of Keewatin , existed from October 7, 1876, until September 1, 1905, when it rejoined the Northwest Territories and became
2916-818: The French government donated the land used for the Vimy Memorial "freely, and for all time, to the Government of Canada the free use of the land exempt from all taxes". The site of the Somme battlefield near Beaumont-Hamel site was purchased in 1921 by the people of the Dominion of Newfoundland . These sites do not, however, enjoy extraterritorial status and are thus subject to French law. Since Confederation in 1867, there have been several proposals for new Canadian provinces and territories. The Constitution of Canada requires an amendment for
2997-620: The Maritimes under the Methodist and Roman Catholic churches). In 1903, resolution of the Alaska Panhandle Dispute fixed British Columbia's northwestern boundary. This was one of only two provinces in Canadian history to have its size reduced. The second reduction, in 1927, occurred when a boundary dispute between Canada and the Dominion of Newfoundland saw Labrador enlarged at Quebec's expense; this land returned to Canada, as part of
3078-556: The North, for organizational and economic purposes. For much of the Northwest Territories' early history it was divided into several districts for ease of administration. The District of Keewatin was created as a separate territory from 1876 to 1905, after which, as the Keewatin Region, it became an administrative district of the Northwest Territories. In 1999, it was dissolved when it became part of Nunavut. Theoretically, provinces have
3159-467: The Parliament of Canada if the provisions are not those explicitly reserved for unanimity or 7/50 formula. For example, in 2022, the Canadian government used this amendment method to modify the House of Commons seat allocation formula . According to s. 45, each province has the exclusive power to modify its own constitution, if the changes do not concern matters outlined in s. 41. This section has been
3240-500: The Section 43 Amendment by Bilateral Agreement procedures A majority of the constitutional amendments before 1982 were acts of the United Kingdom or Canadian parliaments to amend the British North America Act, 1867 (now the Constitution Act, 1867 ). In some cases, amendments were made to the constitutional structure of Canada by adding entire extra documents to the constitution. These include orders that added provinces to Canada, such as
3321-419: The Senate has not adopted such a resolution and if, at any time after the expiration of that period, the House of Commons again adopts the resolution. Any period when Parliament is prorogued or dissolved shall not be counted in computing the 180-day period. Section 47 only applies to amendments made under the Section 38(1) Amendment by General Procedure, the Section 41 Amendment by Unanimous Consent, Section 42 and
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3402-561: The Université Laval, Geneviève Motard and Patrick Taillon, began a lawsuit in the Quebec courts, arguing that the amendment should have been enacted using the unanimous amending formula under section 41. The Superior Court of Quebec and the Quebec Court of Appeal both rejected the claim, holding that, according to the Statute of Westminster, 1931 , a constitutional amendment is not required to match Canada's rules of succession to those of
3483-402: The authority to amend its own constitution, achieving full sovereignty. Since then, amendments to the Constitution of Canada have been made using one of five amending formulas requiring consent of some combination of the House of Commons, Senate, and provincial legislatures. Demographic weight of each province (2021) As part of the patriation of the constitution in 1982 an amending formula
3564-494: The changing of the name of Newfoundland to Newfoundland and Labrador (see below). Although the amending formula has not been formally altered, the Canadian government under Prime Minister Jean Chrétien after the 1995 Quebec referendum recognized regional vetoes over proposed amendments, held by the provinces of Ontario , Quebec and British Columbia , and by the regions the Prairies ( Alberta , Saskatchewan and Manitoba ) and
3645-636: The constitutional amending formula requiring unanimous provincial consent. The Canadian Parliament passed the act to give its assent to the Succession to the Crown Bill (then still under debate in the Parliament of the United Kingdom ), which aimed to remove male preference in the line of succession to Britain's throne, consistent with the Perth Agreement of the Commonwealth realms . Two professors of law from
3726-501: The country's population. The territories (the Northwest Territories , Nunavut and Yukon ) account for over a third of Canada's area but are only home to 0.3% of its population, which skews the national population density value. Canada's population grew by 5.0% between the 2006 and 2011 censuses. Except for New Brunswick , all territories and provinces increased in population during this time. In terms of percent change,
3807-411: The creation of a new province but the creation of a new territory requires only an act of Parliament , a legislatively simpler process. In late 2004, Prime Minister Paul Martin surprised some observers by expressing his personal support for all three territories gaining provincial status "eventually". He cited their importance to the country as a whole and the ongoing need to assert sovereignty in
3888-581: The failure of the Meech Lake Accord. The Charlottetown Accord was defeated in a national referendum in 1992. Various provisions of the Canadian Constitution are subject to the notwithstanding clause , which is Section Thirty-three of the Canadian Charter of Rights and Freedoms . This section authorizes federal and provincial parliaments to temporarily override the rights and freedoms in sections 2 and 7–15 for up to five years, subject to renewal. The federal parliament has never invoked it, although provincial parliaments have done so. The notwithstanding clause
3969-483: The fastest-growing province or territory was Nunavut with an increase of 12.7% between 2011 and 2016, followed by Alberta with 11.6% growth, while New Brunswick's population decreased by 0.5%. Generally, Canadian provinces have steadily grown in population along with Canada. However, some provinces such as Saskatchewan, Prince Edward Island and Newfoundland and Labrador have experienced long periods of stagnation or population decline. Ontario and Quebec have always been
4050-408: The federal level, and as a result, have a commissioner that represents the federal government. There are three territories in Canada. Unlike the provinces, the territories of Canada have no inherent sovereignty and have only those powers delegated to them by the federal government. They include all of mainland Canada north of latitude 60° north and west of Hudson Bay and all islands north of
4131-403: The federal party. The Liberal Party of Canada shares such an organizational integration with Atlantic Canada provincial Liberals in New Brunswick , Newfoundland and Labrador , Nova Scotia , and Prince Edward Island . Other provincial Liberal parties are unaffiliated with their federal counterpart. Some provinces have provincial political parties with no clear federal equivalent, such as
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#17329061532574212-402: The following statement: "Whereas such amendment in no way constitutes recognition by the National Assembly of the Constitution Act, 1982 , which was adopted without its consent." NB: At the time of the Act's adoption, Leader of the Opposition Preston Manning argued that both this Act and the Nunavut Act of 1993 ought to have been adopted using a more inclusive amendment formula (probably
4293-412: The general amendment procedure. S. 42(1)(d) includes "subject to s. 41(d), the Supreme Court of Canada" in this list. Sections 41 and 42 of the Constitution Act, 1982 , thus appear to include the Supreme Court of Canada in the Constitution of Canada. However, this conclusion is questionable because the "Constitution of Canada" is expressly defined in s. 52(2) as a set of 30 instruments that does not include
4374-427: The higher bar was met when creating the law. British Columbia has an Act titled Constitution Act that outlines the powers and rules governing the executive and legislative branches of the provincial government. However, the act specifically says that it is subject to the Constitution Act, 1867 and the British Columbia Terms of Union , presumably because a section 43 amendment would be needed to change any part of
4455-415: The indicia of sovereignty from the United Kingdom. Prior to this, Ontario and Quebec were united as the Province of Canada. Over the following years, Manitoba (1870), British Columbia (1871), and Prince Edward Island (1873) were added as provinces. The British Crown had claimed two large areas north-west of the Canadian colony, known as Rupert's Land and the North-Western Territory , and assigned them to
4536-479: The jurisdiction of the Canadian Constitution . In the 1867 Canadian Confederation , three provinces of British North America — New Brunswick , Nova Scotia , and the Province of Canada (which upon Confederation was divided into Ontario and Quebec )—united to form a federation , becoming a fully independent country over the next century. Over its history, Canada's international borders have changed several times as it has added territories and provinces, making it
4617-424: The last British North American colony, which had been somewhat subordinated to Nova Scotia, was one of two Imperial fortress colonies in British North America – the other being Nova Scotia, and more particularly the city of Halifax. Halifax and Bermuda were the sites of the Royal Navy's North America Station (or, depending on the time period and the extent of the Western Hemisphere it included,
4698-458: The next update". Sections 90Q.1, 90Q.2, 90S.1 and 128Q.1 have been effectively added to the text of the Constitution Act, 1867 , by the federal government on 1 January 2024. Following Quebec's action, legislation passed by the Parliament of Québec in 2022 and by the parliament of Saskatchewan in 2023 purport to add sections 128Q.1 and section 90S.1 to the Constitution Act, 1867 . Section 128Q.1 exempts members of Quebec's legislative assembly from
4779-475: The oath required by section 128 and section 90S.1 declares, among other things, that Saskatchewan has autonomy with respect to all matters falling under its exclusive jurisdiction. Amending the Canadian constitution is a topic of great debate in Canada. There seems to be general agreement among provincial governments that some parts of the constitution need to be amended to deal with long-standing demands from many provinces. There are demands by western provinces for
4860-412: The one minority provincial/territorial government is held by the Liberals in Yukon . They are in government with a formal confidence and supply agreement from the Yukon New Democratic Party . The Canadian National Vimy Memorial , near Vimy , Pas-de-Calais, and the Beaumont-Hamel Newfoundland Memorial , near Beaumont-Hamel , both in France, are ceremonially considered Canadian territory. In 1922,
4941-426: The power "temporarily". Between 1931 and 1982, the federal government, on behalf of the House of Commons of Canada and the Senate , would issue an address to the British government requesting an amendment. The request would include a resolution containing the desired amendments, which in turn were always passed by the British Parliament with little or no debate . With the Constitution Act, 1982 , Canada took over
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#17329061532575022-576: The property and makes it eligible for financial assistance from the Saskatchewan Heritage Foundation. There are over 750 Municipal Heritage Properties in the province. The Act also permits municipalities to designate Municipal Heritage Conservation Districts, larger areas whose heritage value lies in their overall area character rather than in individual properties. The Act protects archaeological and palaeontological sites and objects in Saskatchewan . In particular, every archaeological or palaeontological object found in, or taken from, land in Saskatchewan
5103-401: The property's heritage character-defining elements cannot be altered without the written consent from the Minister, and the site is also eligible for financial assistance from the Saskatchewan Heritage Foundation towards its preservation or restoration. Locally or regionally significant places can be designated by a city , town , village or rural municipality . Designation legally protects
5184-410: The province of Newfoundland, in 1949. In 1999, Nunavut was created from the eastern portion of the Northwest Territories. Yukon lies in the western portion of Northern Canada, while Nunavut is in the east. All three territories combined are the most sparsely populated region in Canada, covering 3,921,739 km (1,514,192 sq mi) in land area. They are often referred to as a single region,
5265-411: The provinces are considered to be co-sovereign within certain areas based on the divisions of responsibility between the provincial and federal government within the Constitution Act, 1867 , and each province thus has its own representative of the Canadian Crown , the lieutenant governor . The territories are not sovereign, but instead their authorities and responsibilities are devolved directly from
5346-401: The provinces. According to s. 43, any amendment applying to one or more, but not all, provinces must be "authorized by resolution of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies." If a constitutional amendment affects only one province, only the assent of the two houses of Parliament and of that province's legislative assembly
5427-402: The provinces. This formula, which is outlined in section 38 of the Constitution Act, 1982 , is officially referred to as the "general amendment procedure" and is known colloquially as the "7/50 formula". It is the amendment formula that applies when the amendment does not fall into any other category. Once the procedure for the adoption of the amendment is followed successfully, the amendment
5508-466: The reduction of British military forces in the Maritimes to a small garrison for the protection of the Halifax dockyard, which would be withdrawn when that dockyard was handed over to the Dominion government in 1905 for use by the new Canadian naval service. Britain retained control of Bermuda as an imperial fortress, with the governor and commander-in-chief of Bermuda (a military officer previously ranking between lieutenant-colonel and major-general) becoming
5589-447: The same name. For example, no provincial Conservative or Progressive Conservative Party shares an organizational link to the federal Conservative Party of Canada , and neither do provincial Green Parties to the Green Party of Canada . Provincial New Democratic Parties, on the other hand, are fully integrated with the federal New Democratic Party —meaning that provincial parties effectively operate as sections, with common membership, of
5670-510: The section 43 amending formula. Various methods have been used to amend provincial constitutions without invoking section 43, but not all have been tested in court. In Alberta, the Constitution of Alberta Amendment Act, 1990 limits powers of the province's legislative assembly by requiring consent of Metis settlement members to change laws regarding expropriation of Metis land. Courts have not yet ruled about whether this kind of language really would bind future legislatures, but it might do so if
5751-408: The size of Toronto's city council in the middle of a municipal election campaign period was ruled unconstitutional by the Ontario Superior Court of Justice . The threat was dropped after the Ontario Court of Appeal overturned the lower court decision, ruling that the change was "unfair" but still constitutional. There has been a debate among legal scholars as to whether the Supreme Court of Canada
5832-514: The size of the North-West Territories. In 1898 the Yukon Territory, later renamed "Yukon" in 2003, was carved from the area surrounding the Klondike gold fields . On September 1, 1905, a portion of the North-West Territories south of the 60th parallel north became the provinces of Alberta and Saskatchewan. In 1912, the boundaries of Quebec, Ontario, and Manitoba were expanded northward: Manitoba's to
5913-405: The subject of much confusion and debate, since some provincial constitutions are embedded in the same documents that form the Constitution of Canada. Section 47 allows an amendment to the Constitution of Canada to be made without a resolution of the Senate authorizing the issue of the proclamation if, within 180 days after the adoption by the House of Commons of a resolution authorizing its issue,
5994-413: The territorial level. The King's representative in each province is the lieutenant governor . In each of the territories there is an analogous commissioner , but they represent the federal government rather than the monarch. Most provinces have rough provincial counterparts to major federal parties. However, these provincial parties are not usually formally linked to the federal parties that share
6075-434: The time. The Supreme Court of Canada was mentioned for the first time in a constitutional document by the Constitution Act, 1982 . The Supreme Court is referred to twice. First, s. 41 lists several amendments to the Constitution of Canada requiring unanimous consent. S. 41(d) includes the "composition of the Supreme Court of Canada" in this list. Second, s. 42(1) lists several amendments to the Constitution of Canada requiring
6156-494: The two biggest provinces in Canada, with together over 60% of the population at any given time. The population of the West relative to Canada as a whole has steadily grown over time, while that of Atlantic Canada has declined. Ontario, Quebec, New Brunswick, and Nova Scotia were the original provinces, formed when several British North American colonies federated on July 1, 1867, into the Dominion of Canada and by stages began accruing
6237-596: The winters until the 1820s, when Bermuda (which was better located to control the Atlantic Seaboard of the United States, impossible to attack over land, and almost impregnable against attack over water) became the main base year round. A large British Army garrison in Bermuda , which fell under the commander-in-chief in Nova Scotia , existed to defend the colony as a naval base (and to prevent it becoming as useful
6318-409: Was adopted in sections 38 to 49 of the Constitution Act, 1982 . According to this act, the amendment procedure is composed of different categories, depending on the part of the constitution to be amended. There are some parts of the constitution that can be modified only with the unanimous consent of all the provinces plus the two Houses of Parliament. This formula is contained in section 41 of
6399-491: Was amended in 1982. Most of these amendments have been limited in scope, dealing only with matters affecting specific provinces. Amendment was replaced by Fair Representation Act in 2011. Replaced by Constitution Amendment, 1998 (Newfoundland Act) . NB: The preamble to the resolution of the Quebec National Assembly adopting the amendment makes no reference to which amending formula is being used, and includes
6480-462: Was invoked routinely between 1982 and 1985 by the Parliament of Quebec , which did not support the enactment of the Charter but is subject to it nonetheless. The parliaments of Saskatchewan and Alberta have also previously invoked the notwithstanding clause, to end a strike and to protect an exclusively heterosexual definition of marriage, respectively. (Alberta's use of the notwithstanding clause
6561-506: Was ultimately of no force or effect, since the definition of marriage is solely a federal jurisdiction and same-sex marriage was legalized nationwide with the Civil Marriage Act .) The territory of Yukon also passed legislation once that invoked the notwithstanding clause, but the legislation was never proclaimed in force. In 2018, Ontario's provincial government threatened to invoke the notwithstanding clause after legislation changing
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