Constitution Act 1982

The Constitution Act 1982 is a part of the Constitution of Canada. Among other things, it enacted the Canadian Charter of Rights and Freedoms. It also provides for the rights of the Aboriginal peoples of Canada, as well as the procedure for amending the constitution.

The Constitution Act 1982 introduced several amendments to the major part of the Constitution of Canada called British North America Act, 1867, and renamed it Constitution Act 1867.

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:

GUARANTEE OF RIGHTS AND FREEDOMS

1. Rights and freedoms in Canada

FUNDAMENTAL FREEDOMS

2. Fundamental freedoms

DEMOCRATIC RIGHTS

3. Democratic rights of citizens

4. Maximum duration of legislative bodies

5. Annual sitting of legislative bodies

MOBILITY RIGHTS

6. Mobility of citizens

LEGAL RIGHTS

7. Life, liberty and security of person

8. Search or seizure

9. Detention or imprisonment

10. Arrest or detention

11. Proceedings in criminal and penal matters

12. Treatment or punishment

13. Self-crimination

14. Interpreter

EQUALITY RIGHTS

15. Equality before and under law and equal protection and benefit of law

OFFICIAL LANGUAGES OF CANADA

16. Official languages of Canada

16.1. English and French linguistic communities in New Brunswick

17. Proceedings of Parliament

18. Parliamentary statutes and records

19. Proceedings in courts established by Parliament

20. Proceedings in courts established by Parliament

21. Continuation of existing constitutional provisions

22. Rights and privileges preserved

MINORITY LANGUAGE EDUCATIONAL RIGHTS

23. Language of instruction

ENFORCEMENT

24. Enforcement of guaranteed rights and freedoms

GENERAL

25. Aboriginal rights and freedoms not affected by Charter

26. Other rights and freedoms not affected by Charter

27. Multicultural heritage

28. Rights guaranteed equally to both sexes

29. Rights respecting certain schools preserved

30. Application to territories and territorial authorities

31. Legislative powers not extended

APPLICATION OF CHARTER

32. Application of Charter

33. Exception where express declaration

CITATION

34. Citation

PART II – Rights of the Aboriginal Peoples of Canada

35. Recognition of existing aboriginal and treaty rights

35.1. Commitment to participation in constitutional conference

PART III – Equalization and Regional Disparities

36. Commitment to promote equal opportunities

PART IV – Constitutional Conference

37. Repealed

PART IV.I – Constitutional Conferences

37.1 Repealed

PART V – Procedure for Amending Constitution of Canada

38. General procedure for amending Constitution of Canada

39. Restriction on proclamation

40. Restriction on proclamation

41. Amendment by unanimous consent

42. Amendment by unanimous consent

43. Amendment of provisions relating to some but not all provinces

44. Amendments by Parliament

45. Amendments by provincial legislatures

46. Initiation of amendment procedures

47. Amendments without Senate resolution

48. Advice to issue proclamation

49. Constitutional conference

PART VI – Amendment to the Constitution Act, 1867

50. The text of this amendment is set out in the Constitution Act, 1867, as section 92A.

51. The text of this amendment is set out in the Constitution Act, 1867, as the Sixth Schedule.

PART VII – General

52. Primacy of Constitution of Canada

53. Repeals and new names

54. Repeal and consequential amendments

55. French version of Constitution of Canada

56. English and French versions of certain constitutional texts

57. English and French versions of this Act

58. Commencement

59. Commencement of paragraph 23(1)(a) in respect of Quebec

60. Short title and citations

61. References

Schedule to the Constitution Act, 1982

Not available.

Endnotes to the Constitution Act, 1982

Not available.

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Credit: Justice Laws Website