The foundation for the division of power is placed on the constitution which is also broken into four parts: The Constitution Act of 1867, the Charter of Rights and Freedom, the amending formula and traditions.
The Constitution Act of 1867
The Constitution Act of 1867 which was formerly the BNA Act. This act outlines the distribution of the power (authority, parts and functions) between the central Parliament and the provincial legislatures.
full document of the Constitutional Act of 1867 can be downloaded in this link:
The Charter and Rights of Freedoms
The Charter and Rights of Freedoms states the basic rights and responsibilities of all Canadians.
full document of the Charter of Right and Freedoms can be downloaded here:
This formula sets out the way that the constitution could be changed. This formula is also called the 7/50 formula which means 7 province assemblies must make up 50% of the total population of Canada in order to change the constitution. There also must be approval of the Senate, House and 2/3 of the legislative assemblies.
Some changes need to get unanimous support from the Senate, House and all the legislative assemblies sure as:
- Change in the office of Queen, Governor General
- Changes to numbers of member is the House
- Changes to the languages
- Composition of the Supreme Court
- Changing of this amendment formula
Traditions are unwritten rules that stretch back to the Magna Carta 1215 and beyond. Some of these traditions are that there is Monarch is the Head of the state, prime minister, political parties and election acts.
“Constitution Acts, 1867 to 1982.” Department of Justice. N.p., 11 June 2012. Web. 13 aaaaaaaaaJune2012. <http://laws.justice.gc.ca/eng/Const/Const_index.html>.
“Canadian Charter of Rights and Freedoms.” Constitutional Documents. N.p., n.d. Web. aaaaaaaas13 June 2012. <http://laws.justice.gc.ca/eng/charter/>.