Politics & Law | The Canadian Encyclopedia

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  • Article

    Patriation Reference

    The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriate and amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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  • Article

    Constitutional Act, 1791

    The Constitutional Act, 1791 was an act of the British Parliament. Also known as the Canada Act, it divided the Province of Quebec into  Upper Canada and Lower Canada. The Act was a first step on the long path to Confederation, but its rigid colonial structures also set the stage for rebellion in the Canadas. (See Rebellions of 1837–38.) The Act was also notable for giving women who owned property in Lower Canada the right to vote — a high level of inclusion by the standards of the time.

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  • Article

    Constitutional Act 1791 Document

    Constitutional Act, 1791: DocumentSelected text of the Constitutional Act, 1791: an amendment of the Quebec Act designed to apply the British constitution as nearly as possible to colonial conditions without affecting the guaranteed rights of French Canadians. Note should be taken of the failure to define the role of the Executive Council and the ambiguity of the provisions for the Clergy Reserves. (What was meant by a "Protestant" clergy?) These flaws in the Act paved...

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  • Article

    Constitutional Act, 1791 (Plain-Language Summary)

    The Constitutional Act, 1791 was an act of the British Parliament. It was also known as the Canada Act. It divided the Province of Quebec into Upper Canada and Lower Canada. The Act was a first step on the long path to Confederation. It also gave women who owned property in Lower Canada the right to vote. But its rigid colonial structures set the stage for the Rebellions of 1837–38.   This article is a plain-language summary of the Constitutional Act, 1791. If you would like to read about this topic in more depth, please see our full-length entry: Constitutional Act, 1791.

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  • Article

    Constitutional History of Canada

    The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one legal document. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution has been in constant evolution from colonial times to the present day. The story of the Constitution is the story of Canada itself. It reflects the shifting legal, social and political pressures facing Canadians, as well as their choices as a society.

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  • Article

    Constitutional Law

    Constitutional law is a branch of public law, the body of rules regulating the functioning of the state. At its heart is the Constitution—the supreme law of Canada—which comprises written, statutory rules, plus rules of the common law (a living body of law that evolves over time through decisions of the courts), and also conventions derived from British constitutional history. The conventions themselves are recognized by the courts but are not, strictly speaking, part of constitutional law.

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  • Article

    Constitutional Monarchy (Plain-Language Summary)

    Canada’s system of government is called a constitutional monarchy. A monarch is a person from a ruling family who serves as king or queen of their country. In an absolute monarchy, the monarch has unchecked power. In a constitutional monarchy, the monarch must follow the laws of the Constitution. Constitutional monarchs do not directly rule their nation. Instead, they serve as figureheads. Their purpose is more ceremonial. Canada’s monarch, King Charles III, is the head of state. But the prime minister is the head of government. This article is a plain-language summary of constitutional monarchy. If you would like to read about this topic in more depth, please see our full-length entry: Constitutional Monarchy.

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  • Article

    Consumer Law

    The branch of law concerned with the supply of goods and services in the most comprehensive sense for the personal use or consumption of individuals and their families is called consumer law.

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  • Article

    Continentalism

    Continentalism is a term used to describe the theory of closer ties (eg, in the form of closer trade links, energy sharing or common water-use policies) with the US.

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  • Article

    Contract Law in Canada

    A contract is a legally binding agreement between two or more persons for a particular purpose. It is an instrument for the economic exchange of goods and services. In Canada, contract law is administered both in common law and, in Quebec, civil law.

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  • Article

    Convention of 1818

    The Convention of 1818 was a treaty between the United States and Britain that set the 49th parallel as the boundary between British North America and the US across the West.

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  • Article

    Cook Case

    n the Cook case (1998), the Supreme Court of Canada held that the Canadian Charter of Rights and Freedoms applied to an interrogation by Canadian police operating in the United States of a person suspected of committing murder in Canada. 

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  • Article

    Cooper Case

    In the Cooper case (1996), a majority of the Supreme Court of Canada ruled that the Canadian Human Rights Commission did not have the power under its enabling statute to pronounce upon the constitutional validity of the mandatory age of retirement.

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  • Article

    Copyright Law

    Copyright law is included in what is commonly known as the law of intellectual and industrial property. This branch of law also includes PATENTS, TRADEMARKS and the law of industrial designs.

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    Corn Laws

    Corn laws, 1794-1846, set duties on grain imports into Britain to protect British agriculture from outside competition. (In Britain, "corn" is the name for CEREAL CROPS.

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