Canadian Constitutional Law Extracts | shannonsalter | January 26, 2015

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Canadian Constitutional Law Extracts

 

Preamble - CONSTITUTION ACT, 1867

 

30 & 31 Victoria, c. 3 (U.K.)

 

An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith

 

(29th March 1867)

 

Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:

 

And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire:

 

And whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared:

 

And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America: (1)

 

 

VII. JUDICATURE

 

96. 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.

 

97. Until the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and the Procedure of the Courts in those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the Governor General shall be selected from the respective Bars of those Provinces.

 

98. The Judges of the Courts of Quebec shall be selected from the Bar of that Province.

 

99. (1) Subject to subsection (2) of this section, the judges of the superior courts shall hold office during good behaviour, but shall be removable by the Governor General on address of the Senate and House of Commons.

 

(2) A judge of a superior court, whether appointed before or after the coming into force of this section, shall cease to hold office upon attaining the age of seventy-five years, or upon the coming into force of this section if at that time he has already attained that age. (53)

 

100. The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in Cases where the Judges thereof are for the Time being paid by Salary, shall be fixed and provided by the Parliament of Canada. (54)

 

101. The Parliament of Canada may, notwithstanding anything in this Act, from Time to Time provide for the Constitution, Maintenance, and Organization of a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada. (55)

 

 

Preamble - CONSTITUTION ACT, 1982 (80)

 

PART I

 

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

 

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

 

 

Canadian Bill of Rights

 

S.C. 1960, c. 44

 

Assented to 1960-08-10

 

An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms

 

Preamble

 

The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;

 

Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;

 

And being desirous of enshrining these principles and the human rights and fundamental freedoms derived from them, in a Bill of Rights which shall reflect the respect of Parliament for its constitutional authority and which shall ensure the protection of these rights and freedoms in Canada:

 

Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

 

 

 

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January 26, 2015

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shannonsalter

Adjunct Professor

University of British Columbia Faculty of Law

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