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Constitution
Act, 1982
Document Summary:
Part I: Canadian Charter of Rights and Freedoms
- Guarantee of Rights and Freedoms: Section 1.
- Fundamental Freedoms: Section 2.
- Democratic Rights: Sections 3-5.
- Mobility Rights: Section 6.
- Legal Rights: Section 7-14.
- Equality rights: Section 15.
- Official Languages of Canada: Sections 16-22.
- Minority Language Educational Rights: Section 23.
- Enforcement?: Section 24.
- General: Sections 25-31.
- Application of Charter: Sections 32-33.
- Section 33: This clause allows provincial legislatures
to pass laws notwithstanding sections 2 and 7 to 15 of the
Charter of Rights. Such laws stand for five years, when
they must be renewed or lapse.
- Citation: Section 34.
Part II: Rights of the Aboriginal Peoples of Canada
Part III: Equalization and regional Disparities
Part IV: Constitutional Conferences
Part V: Procedure for Amending the Constitution of Canada
- Sections 38-49. Important sections include:
- Section 38: Changes can only be made with the agreement
of Parliament and two-thirds of the provinces (i.e.: seven)
composing fifty percent of the population of all provinces.
- Section 43: Allows amendments to Constitution that affect
some provinces with the agreement of Parliament and the provincial
legislatures of the provinces affected.
Part VI: Amendment to the Constitution Act, 1867 (previously
British North America Act, 1867)
Part VII: General
Schedule: Modernization of the Constitution.
- Renames various acts, most notably, the British North America
Act, 1867.
Makes explicit reference to the prime minister of Canada. This
is the first constitutional act to do so.
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