The Canadian Constitutional Charter, 1971
The Victoria Charter
Part I - Political Rights
Art. 1. It is hereby recognized and declared that in Canada every
person has the following fundamental freedoms:
freedom of thought, conscience and
religion,
freedom of opinion and expression, and
freedom of peaceful assembly and of association; |
and all laws shall be construed and applied so as not to abrogate
or abridge any such freedom.
Art. 2. No law of the Parliament of Canada or the Legislatures of
the Provinces shall abrogate or abridge any of the fundamental
freedoms herein recognized and declared.
Art. 3. Nothing in this Part shall be construed as preventing
such limitations on the exercise of the fundamental freedoms as are
reasonably justifiable in a democratic society in the interests of
public safety, order, health or morals, of national security, or of
the rights and freedoms of others, whether imposed by the Parliament
of Canada or the Legislature of a Province, within the limits of
their respective legislative powers, or by the construction or
application of any law.
Art. 4. The principles of universal suffrage and free democratic
elections to the House of Commons and to the Legislative Assembly of
each Province are hereby proclaimed to be fundamental principles of
the Constitution.
Art. 5. No citizen shall, by reason of race, ethnic or national
origin, colour, religion or sex, be denied the right to vote in an
election of members to the House of Commons or the Legislative
Assembly of a Province, or be disqualified from membership therein.
Art. 6. Every House of Commons shall continue for five years from
the day of the return of the writs for choosing the House and no
longer, subject to being sooner dissolved by the Governor General,
except that in time of real or apprehended war, invasion or
insurrection, a House of Commons may be continued by the Parliament
of Canada if the continuation is not opposed by the votes of more
than one third of the members of the House.
Art. 7. Every Provincial Legislative Assembly shall continue for
five years from the day of the return of the writs for the choosing
of the Legislative Assembly, and no longer, subject to being sooner
dissolved by the LieutenantGovernor, except that when the
Government of Canada declares that a state of real or apprehended
war, invasion or insurrection exists, a Provincial Legislative
Assembly may be continued if the continuation is not opposed by the
votes of more than one third of the members of the Legislative
Assembly.
Art. 8. There shall be a session of the Parliament of Canada and
of the Legislature of each Province at least once in every year, so
that twelve months shall not intervene between the last sitting of
the Parliament or Legislature in one session and its first sitting
in the next session.
Art. 9. Nothing in this Part shall be deemed to confer any
legislative power on the Parliament of Canada or the Legislature of
any Province.
Part II - Language Rights
Art. 10. English and French are the official languages of Canada
having the status and protection set forth in this Part.
Art. 11. A person has the right to use English and French in the
debates of the Parliament of Canada and of the Legislatures of
Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, Prince Edward
Island and Newfoundland.
Art. 12. The statutes and the records and journals of the
Parliament of Canada shall be printed and published in English and
French; and both versions of such statutes shall be authoritative.
Art. 13. The statutes of each Province shall be printed and
published in English and French, and where the Government of a
Province prints and publishes its statutes in one only of the
official languages, the Government of Canada shall print and publish
them in the other official language; the English and French versions
of the statutes of the Provinces of Quebec, New Brunswick and
Newfoundland shall be authoritative.
Art. 14. A person has the right to use English and French in
giving evidence before, or in any pleading or process in the Supreme
Court of Canada, any courts established by the Parliament of Canada
or any court of the Provinces of Quebec, New Brunswick and
Newfoundland, and to require that all documents and judgments
issuing from such courts be in English or French, and when necessary
a person is entitled to the services of an interpreter before the
courts of the other Provinces.
Art. 15. An individual has the right to the use of the official
language of his choice in communications between him and the head or
central office of every department and agency of the Government of
Canada and of the Governments of the Provinces of Ontario, Quebec,
New Brunswick, Prince Edward Island and Newfoundland.
Art. 16. A Provincial Legislative Assembly may, by resolution,
declare that any part of Articles 13, 14, and 15 that do not
expressly apply to that Province shall apply to the Legislative
Assembly, and to any of the provincial courts and offices of the
provincial departments and agencies according to the terms of the
resolution, and thereafter such parts shall apply to the Legislative
Assembly, courts and offices specified according to the terms of the
resolution; and any right conferred under this Article may be
abrogated or diminished only in accordance with the procedure
prescribed in Article 50.
Art. 17. A person has the right to the use of the official
language of his choice in communications between him and every
principal office of the departments and agencies of the Government
of Canada that are located in an area where a substantial proportion
of the population has the official language of his choice as its
mother tongue, but the Parliament of Canada may define the limits of
such areas and what constitutes a substantial proportion of the
population for the purposes of this Article.
Art. 18. In addition to the rights provided by this Part, the
Parliament of Canada and the Legislatures of the Provinces may,
within their respective legislative jurisdictions, provide for more
extensive use of English and French.
Art. 19. Nothing in this Part shall be construed as derogating
from or diminishing any legal or customary right or privilege
acquired or enjoyed either before or after the coming into force of
this Part with respect to any language that is not English or
French.
Part III - Provinces and Territories
Art. 20. Until modified under the authority of the Constitution of
Canada, Canada consists of ten Provinces, named Ontario, Quebec,
Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince
Edward Island, Saskatchewan, Alberta and Newfoundland, two
Territories, named the Northwest Territories and the Yukon
Territory, and such other territory as may at any time form part of
Canada.
Art. 21. There shall be a Legislature for each Province
consisting of a LieutenantGovernor and a Legislative Assembly.
Part IV - Supreme Court of Canada
Art. 22. There shall be a general court of appeal for Canada to be
known as the Supreme Court of Canada.
Art. 23. The Supreme Court of Canada shall consist of a chief
justice to be called the Chief Justice of Canada, and eight other
judges, who shall, subject to this Part, be appointed by the
Governor General in Council by letters patent under the Great Seal
of Canada.
Art. 24. Any person may be appointed a judge of the Supreme Court
of Canada who, after having been admitted to the Bar of any
Province, has, for a total period of at least ten years, been a
judge of any court in Canada or a barrister or advocate at the Bar
of any Province.
Art. 25. At least three of the judges of the Supreme Court of
Canada shall be appointed from among persons who, after having been
admitted to the Bar of the Province of Quebec, have, for a total
period of at least ten years, been judges of any court of that
Province or of a court established by the Parliament of Canada or
barristers or advocates at that Bar.
Art. 26. Where a vacancy arises in the Supreme Court of Canada
and the Attorney General of Canada is considering a person for
appointment to fill the vacancy, he shall inform the Attorney
General of the appropriate Province.
Art. 27. When an appointment is one falling within Article 25 or
the Attorney General of Canada has determined that the appointment
shall be made from among persons who have been admitted to the Bar
of a specific Province, he shall make all reasonable efforts to
reach agreement with the Attorney General of the appropriate
Province, before a person is appointed to the Court.
Art. 28. No person shall be appointed to the Supreme Court of
Canada unless the Attorney General of Canada and the Attorney
General of the appropriate Province agree to the appointment, or
such person has been recommended for appointment to the Court by a
nominating council described in Article 30, or has been selected by
the Attorney General of Canada under Article 30.
Art. 29. Where after the lapse of ninety days from the day a
vacancy arises in the Supreme Court of Canada, the Attorney General
of Canada and the Attorney General of a Province have not reached
agreement on a person to be appointed to fill the vacancy, the
Attorney General of Canada may inform the Attorney General of the
appropriate Province in writing that he proposes to convene a
nominating council to recommend an appointment.
Art. 30. Within thirty days of the day when the Attorney General
of Canada has written the Attorney General of the Province that he
proposes to convene a nominating council, the Attorney General of
the Province may inform the Attorney General of Canada in writing
that he selects either of the following types of nominating
councils:
| (1) a nominating council consisting of the
following members: the Attorney General of Canada or his
nominee and the Attorneys General of the Provinces or their
nominees;
(2) a nominating council consisting of the following
members: the Attorney General of Canada or his nominee, the
Attorney General of the appropriate Province or his nominee
and a Chairman to be selected by the two Attorneys General,
and if within six months from the expiration of the thirty
days they cannot agree on a Chairman, then the Chief Justice
of the appropriate Province or if he is unable to act, the
next senior judge of his court, shall name a Chairman; |
and if the Attorney General of the Province fails to make a
selection within the thirty days above referred to, the Attorney
General of Canada may select the person to be appointed.
Art. 31. When a nominating council has been created, the Attorney
General of Canada shall submit the names of not less than three
qualified persons to it about whom he has sought the agreement of
the Attorney General of the appropriate Province to the appointment,
and the nominating council shall recommend therefrom a person for
appointment to the Supreme Court of Canada; a majority of the
members of a council constitutes a quorum, and a recommendation of a
majority of the members at a meeting constitutes a recommendation of
the council.
Art. 32. For the purpose of Articles 26 to 31 "appropriate
Province" means, in the case of a person being considered for
appointment to the Supreme Court of Canada in compliance with
Article 25, the Province of Quebec, and in the case of any other
person being so considered, the Province to the Bar of which such
person was admitted, and if a person was admitted to the Bar of more
than one Province, the Province with the Bar of which the person
has, in the opinion of the Attorney General of Canada, the closest
connection.
Art. 33. Articles 26 to 32 do not apply to the appointment of the
Chief Justice of Canada when such appointment is made from among the
judges of the Supreme Court of Canada.
Art. 34. The judges of the Supreme Court of Canada hold office
during good behaviour until attaining the age of seventy years, but
are removable by the Governor General on address of the Senate and
House of Commons.
Art. 35. The Supreme Court of Canada has jurisdiction to hear and
determine appeals on any constitutional question from any judgment
of any court in Canada and from any decision on any constitutional
question by any such court in determining any question referred to
it, but except as regards appeals from the highest court of final
resort in a Province, the Supreme Court of Canada may prescribe such
exceptions and conditions to the exercise of such jurisdiction as
may be authorized by the Parliament of Canada.
Art. 36. Subject to this Part, the Supreme Court of Canada shall
have such further appellate jurisdiction as the Parliament of Canada
may prescribe.
Art. 37. The Parliament of Canada may make laws conferring
original jurisdiction on the Supreme Court of Canada in respect of
such matters in relation of the laws of Canada as may be prescribed
by the Parliament of Canada, and authorizing the reference of
questions of law or fact to the Court and requiring the Court to
hear and determine the questions.
Art. 38. Subject to this Part, the judgment of the Supreme Court
of Canada in all cases is final and conclusive.
Art. 39. Where a case before the Supreme Court of Canada involves
questions of law relating to the civil law of the Province of
Quebec, and involves no other question of law, it shall be heard by
a panel of five judges, or with the consent of the parties, four
judges, at least three of whom have the qualifications described in
Article 25, and if for any reason three judges of the Court who have
such qualifications are not available, the Court may name such ad
hoc judges as may be necessary to hear the case from among the
judges who have such qualifications serving on a superior court of
record established by the law of Canada or of a superior court of
appeal of the Province of Quebec.
Art. 40. Nothing in this Part shall be construed as restricting
the power existing at the commencement of this Charter of a
Provincial Legislature to provide for or limit appeals pursuant to
its power to legislate in relation to the administration of justice
in the Province.
Art. 41. The salaries, allowances and pensions of the judges of
the Supreme Court of Canada shall be fixed and provided by the
Parliament of Canada.
Art. 42. Subject to this Part, the Parliament of Canada may make
laws to provide for the organization and maintenance of the Supreme
Court of Canada, including the establishment of a quorum for
particular purposes.
Part V - Courts of Canada
Art. 43. The Parliament of Canada may, notwithstanding anything in
the Constitution of Canada, from time to time provide for the
constitution, maintenance, and organization of courts for the better
administration of the laws of Canada, but no court established
pursuant to this Article shall derogate from the jurisdiction of the
Supreme Court of Canada as a general court of appeal for Canada.
Part VI - Revised Section 94A
Art. 44. The Parliament of Canada may make laws in relation to old
age pensions and supplementary benefits including survivors' and
disability benefits irrespective of age, and in relation to family,
youth, and occupational training allowances but no such law shall
affect the operation of any law present or future of a Provincial
Legislature in relation to any such matter.
Art. 45. The Government of Canada shall not introduce a bill in
the House of Commons in relation to a matter described in Article 44
unless it has, at least ninety days before such introduction,
advised the Government of each Province of the substance of the
proposed legislation and requested its views thereon.
Part VII - Regional Disparities
Art. 46. The Parliament and Government of Canada and the
Legislatures and Governments of the Provinces are committed to
| (1) the promotion of equality of
opportunity and well being for all individuals in Canada;
(2) the assurance, as nearly as possible, that essential
public services of reasonable quality are available to all
individuals in Canada; and
(3) the promotion of economic development to reduce
disparities in the social and economic opportunities for all
individuals in Canada wherever they may live. |
Art. 47. The provisions of this Part shall not have the effect of
altering the distribution of powers and shall not compel the
Parliament of Canada or Legislatures of the Provinces to exercise
their legislative powers.
Part VIII - FederalProvincial Consultation
Art. 48. A Conference composed of the Prime Minister of Canada and
the First Ministers of the Provinces shall be called by the Prime
Minister of Canada at least once a year unless, in any year, a
majority of those composing the Conference decide that it shall not
be held.
Part IX - Amendments to the Constituion
Art. 49. Amendments to the Constitution of Canada may from time to
time be made by proclamation issued by the Governor General under
the Great Seal of Canada when so authorized by resolutions of the
Senate and House of Commons and of the Legislative Assemblies of at
least a majority of the Provinces that includes
| (1) every Province that at any time before
the issue of such proclamation had, according to any
previous general census, a population of at least
twentyfive per cent of the population of Canada;
(2) at least two of the Atlantic Provinces;
(3) at least two of the Western Provinces that have,
according to the then latest general census, combined
populations of at least fifty per cent of the population of
all the Western Provinces. |
Art. 50. Amendments to the Constitution of Canada in relation to
any provision that applies to one or more, but not all, of the
Provinces may from time to time be made by proclamation issued by
the Governor General under the Great Seal of Canada when so
authorized by resolutions of the Senate and House of Commons and of
the Legislative Assembly of each Province to which an amendment
applies.
Art. 51. An amendment may be made by proclamation under Article
49 or 50 without a resolution of the Senate authorizing the issue of
the proclamation if within ninety days of the passage of a
resolution by the House of Commons authorizing its issue the Senate
has not passed such a resolution and at any time after the
expiration of the ninety days the House of Commons again passes the
resolution, but any period when Parliament is prorogued or dissolved
shall not be counted in computing the ninety days.
Art. 52. The following rules apply to the procedures for
amendment described in Articles 49 and 50:
| (1) either of these procedures may be
initiated by the Senate or the House of Commons or the
Legislative Assembly of a Province;
(2) a resolution made for the purposes of this Part may
be revoked at any time before the issue of a proclamation
authorized by it. |
Art. 53. The Parliament of Canada may exclusively make laws from
time to time amending the Constitution of Canada, in relation to the
executive Government of Canada and the Senate and House of Commons.
Art. 54. In each Province the Legislature may exclusively make
laws in relation to the amendment from time to time of the
Constitution of the Province.
Art. 55. Notwithstanding Articles 53 and 54, the following
matters may be amended only in accordance with the procedure in
Article 49:
| (1) the office of the Queen, of the
Governor General and of the LieutenantGovernor;
(2) the requirements of the Constitution of Canada
respecting yearly sessions of the Parliament of Canada and
the Legislatures;
(3) the maximum period fixed by the Constitution of
Canada for the duration of the House of Commons and the
Legislative Assemblies;
(5) the number of members by which a Province is entitled
to be represented in the Senate, and the residence
qualifications of Senators;
(6) the right of a Province to a number of members in the
House of Commons not less than the number of Senators
representing the Province;
(7) the principles of proportionate representation of the
Provinces in the House of Commons prescribed by the
Constitution of Canada; and
(8) except as provided in Article 16, the requirements of
this Charter respecting the use of the English or French
language. |
Art. 56. The procedure prescribed in Article 49 may not be used
to make an amendment when there is another provision for making such
amendment in the Constitution of Canada, but that procedure may
nonetheless be used to amend any provision for amending the
Constitution, including this Article, or in making a general
consolidation and revision of the Constitution
Art. 57. In this Part, "Atlantic Provinces" means the Provinces
of Nova Scotia, New Brunswick, Prince Edward Island and
Newfoundland, and "Western Provinces" means the Provinces of
Manitoba, British Columbia, Saskatchewan and Alberta.
Part X - Modernization of the Constitution
Art. 58. The provisions of this Charter have the force of law in
Canada notwithstanding any law in force on the day of its coming
into force.
Art. 59. The enactments set out in the first column of the
Schedule, hereby repealed to the extent indicated in the second
column thereof, shall continue as law in Canada under the names set
forth in the third column thereof and as such shall, together with
this Charter, collectively be known as the Constitution of Canada,
and amendments thereto shall henceforth be made only according to
the authority contained therein.
Art. 60. Every enactment that refers to an enactment set out in
the Schedule by the name in the first column thereof is hereby
amended by substituting for that name the name in the third column
thereof.
Art. 61. The Court existing on the day of the coming into force
of this Charter under the name of the Supreme Court of Canada shall
continue as the Supreme Court of Canada, and the judges thereof
shall continue in office as though appointed under Part IV except
that they shall hold office during good behaviour until attaining
the age of seventyfive years, and until otherwise provided pursuant
to the provisions of that Part, all laws pertaining to the Court in
force on that day shall continue, subject to the provisions of this
Charter.
This Schedule is NOT final, subject to confirmation
| Enactments |
Extent of Repeal |
New Name |
| British North America Act, 1867, 3031
Vict., c. 3 (U.K.). |
Long title; preamble; the heading
immediately preceding section 1; sections 1, 5, the words
between brackets in section 12; sections 19, 20, 37, 40, 41,
47, 50, the words "and to Her Majesty's Instructions" and
the words "or that he reserves the Bill for the
Signification of the Queen's Pleasure" in section 55;
sections 56, 57, 63; the words between brackets in section
65; sections 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80,
83, 84, 85, 86; the words "the Disallowance of Acts, and the
Signification of Pleasure on Bills reserved" and the words
"of the Governor General for the Queen and for a Secretary
of State, of One Year for Two Years, and of the Province for
Canada" in section 90; head (1) of section 91; head (1) of
section 92; 94A; sections 101, 103, 104, 105, 106, 107, 119,
120, 122, 123; the words between brackets in section 129;
sections 130, 134, 141, 142; the heading immediately
preceding section 146; sections 146, 147; the First
Schedule; the Second Schedule. |
Constitution Act, 1867. |
| An Act to amend and continue the Act 32 and
33 Victoria chapter 3; and to establish and provide for the
Government of the Province of Manitoba, 1870, 33 Vict., c. 3
(Can.). |
Long title; Enacting clause; sections 3, 9,
10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 25. |
Manitoba Act, 1870. |
| Order of Her Majesty in Council admitting
British Columbia into the Union, dated the 16th day of May
1871. |
The whole except terms 4, 9, 10, 13, 14 in
the Schedule. |
British Columbia Terms of Union. |
| British North America Act, 1871, 3435
Vict., c. 28 (U.K.), and all acts enacted under section 3
thereof. |
Long title; preamble, enacting clause;
sections 1, 6. |
Constitution Act, 1871. |
| Order of Her Majesty in Council admitting
Prince Edward Island into the Union, dated the 26th day of
June, 1873. |
The whole, except the conditions the
Schedule relating to the provision of steam service and
telegraphic communication between the Island and the
mainland, the condition respecting the constitution of the
executive authority and the Legislature of the Province, and
the condition applying the British North America Act, 1867
to the Province. |
Prince Edward Island Terms of Union |
| Parliament of Canada Act, 1875, 3839
Vict., c. 38 (U.K.). |
Long title; preamble, enacting clause. |
Parliament of Canada Act, 1875. |
| Order of Her Majesty in Council admitting
all British possessions and Territories in North America and
islands adjacent thereto into the Union, dated the 31st day
of July, 1880. |
The whole, except the last paragraph. |
Adjacent Territories Order. |
| British North America Act, 1886, 4950
Vict., c. 35 (U.K.). |
Long title; enacting clause, section 3. |
Constitution Act, 1886. |
| Canada (Ontario Boundary) Act, 1889, 5253
Vict., c. 28 (U.K.) |
Long title; preamble; enacting clause. |
Canada (Ontario Boundary) Act, 1889 |
| Canadian Speaker (Appointment of Deputy)
Act, 1895, Session 2, 59 Vict. c. 3 (U.K.). |
Long title; preamble, enacting clause,
section 2. |
Canadian Speaker (Appointment of Deputy)
Act, 1895. |
| Alberta Act, 1905, 45 Edw. VII, c. 3
(Can.). |
Long title; enacting clause, sections 4, 5,
6, 7, 12, 13, 15, 16(2), 18, 19, 20. Schedule. |
Alberta Act |
| Saskatchewan Act, 1905, 45 Edw. VII, c. 42
(Can.). |
Long title; enacting clause; sections 4, 5,
6, 7, 12, 13, 14, 15, 16(2), 18, 19, 20, Schedule. |
Saskatchewan Act |
| British North America Act, 1907, 7 Edw.
VII, c. 11 (U.K.). |
Long title; preamble, enacting clause,
section 2, Schedule. |
Constitution Act, 1907. |
| British North America Act, 1915, 56 Geo.
V, c. 45 (U.K.). |
Long title; enacting clause; section 3 |
Constitution Act, 1915. |
| British North America Act, 1930, 2021 Geo.
V, c. 26 (U.K.). |
Long title; fourth paragraph of preamble,
enacting clause, section 3. |
Constitution Act, 1930. |
| Statute of Westminster, 1931, 22 Geo. V, c.
4 (U.K.). in so far as it applies to Canada. |
Long title; the words "and Newfoundland" in
sections 1 and 10(3); section 4 in so far as it applies to
Canada; section 7(1). |
Statute of Westminster, 1931. |
| British North America Act, 1940, 34 Geo.
VI, c. 36 (U.K.). |
Long title; preamble, enacting clause,
section 2. |
Constitution Act, 1940. |
| British North America Act, 1943, 7 Geo. VI,
c. 30 (U.K.). |
The whole. |
|
| British North America Act, 1946, 10 Geo.
VI, c. 63 (U.K.). |
Long title; preamble, enacting clause,
section 2. |
Constitution Act, 1946. |
| British North America Act, 1949, 12 and 13
Geo. VI, c. 22 (U.K.). |
Long title; third paragraph in preamble;
enacting clause; sections 2, 3; terms 6(2), (3), 15(2), 16,
22(2), (4), 24, 27, 28, 29 in the Schedule. |
Constitution Act, 1949. |
| British North America (No. 2) Act, 1949, 13
Geo. VI, c. 81 (U.K.) |
The whole. |
|
| British North America Act, R.S.C., 1952, c.
304 (Can.). |
Section 2. |
Constitution Act, 1952. |
| British North America Act, 1960, 9 Eliz.
II, c. 2 (U.K.). |
Long title; preamble; enacting clause;
sections 2, 3. |
Constitution Act, 1960. |
| British North America Act, 1964, 12 and 13,
Eliz. II, c. 73 (U.K.). |
Long title; enacting clause; section 2. |
Constitution Act, 1964. |
| British North America Act, 1965, 14 Eliz.
II, c. 4, Part I, (Can.). |
Section 2. |
Constitution Act, 1965. |
|
