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"There
hasn't been a single piece of law that has been passed
that doesn't take the charter into account"
Bob Rae - former
Ontario premier |
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Documents in History - A Primary View
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Treaties One & Two |
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1871
Constitution Act
Constitution Act, 1871 (The British North America Act, 1871) 34
and 35 Victoria, c. 28
An Act respecting the establishment of Provinces in the
Dominion of Canada
[Assented to: 29th June, 1871]
Whereas doubts have been entertained respecting the powers of
the Parliament of Canada to establish Provinces in territories
admitted, or which may hereafter be admitted, into the Dominion
of Canada, and to provide for the representation of such
Provinces in the said Parliament, and it is expedient to remove
such doubts, and to vest such powers in the said Parliament: Be
it enacted by the Queen's Most Excellent Majesty, by and with
the advice and consent of the Lords, Spiritual and Temporal, and
Commons in this present Parliament assembled, and by the
authority of the same, as follows:-- 1. This Act may be cited
for all purposes as "The British North America Act, 1871." 2.
The Parliament of Canada may from time to time establish new
Provinces in any territories forming for the time being part of
the Dominion of Canada, but not included in any Province
thereof, and may, at the time of such establishment, make
provision for the constitution and administration of any such
Province, and for the passing of laws for the peace, order and
good government of such province, and for its representation in
the said Parliament. 3. The Parliament of Canada may from time
to time, with the consent of the Legislature of any Province of
the said Dominion, increase, diminish, or otherwise alter the
limits of such Province, upon such terms and conditions as may
be agreed upon to by the said Legislature, and may, with the
like consent, make provision respecting the effect and operation
of any such increase or diminution or alteration of territory in
relation to any Province affected thereby. 4. The Parliament of
Canada may from time to time make provision for the
administration, peace, order and good government of any
territory not for the time being included in any Province. 5.
The following Acts passed by the said Parliament of Canada, and
entitled respectively: "An Act for the temporary government of
Rupert's Land and the North- Western Territory when united with
Canada;" and "An Act to amend and continue the Act thirty-two
and thirty-three Victoria, chapter three, and to establish and
provide for the government of the Province of Manitoba." shall
be and be deemed to have been valid and effectual for all
purposes whatsoever from the date at which they respectively
received the assent, in the Queen's name, of the
Governor-General of the said Dominion of Canada. 6. Except as
provided for by the third section of this Act, it shall not be
competent for the Parliament of Canada to alter the provisions
of the last mentioned Act of the said Parliament in so far as it
relates to the Province of Manitoba or any other Act hereafter
establishing new Provinces in the said Dominion, subject always
to the right of the Legislature of the Province of Manitoba to
alter from time to time the provisions of any law respecting the
qualification of electors and members of the Legislative
Assembly, and to make laws respecting elections in said
Province.
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