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User:Mr Serjeant Buzfuz/Model page (Section 00 of the Constitution Act, 1867)

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Royal Proclamation which brought the Act into force on July 1, 1867

Section ## of the Constitution Act, 1867 (French: article ## de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to ###.

The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.

Constitution Act, 1867

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Main article: Constitution Act, 1867

The Constitution Act, 1867 is part of the Constitution of Canada and thus part of the supreme law of Canada.[1][2] The Act sets out the constitutional framework of Canada, including the structure of the federal government and the powers of the federal government and the provinces. It was the product of extensive negotiations between the provinces of British North America at the Charlottetown Conference in 1864, the Quebec Conference in 1864, and the London Conference in 1866.[3][4] Those conferences were followed by consultations with the British government in 1867.[3][5] The Act was then enacted in 1867 by the British Parliament under the name the British North America Act, 1867.[6][7] In 1982 the Act was brought under full Canadian control through the Patriation of the Constitution, and was renamed the Constitution Act, 1867.[2][6] Since Patriation the Act can only be amended in Canada, under the amending formula set out in the Constitution Act, 1982.[8][9][10]

Text of section ##

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Section ## reads:

##[11]

Section ## is found in Part ## of the Constitution Act, 1867, dealing with ###. It has not been amended since the Act was enacted in 1867.

Legislative history

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[12]

Purpose and interpretation

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References

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  1. ^ Peter Hogg and Wade Wright, Constitutional Law of Canada, 5th ed. (Toronto: Thomson Reuters (looseleaf; current to 2022), para. 1:4.
  2. ^ a b Constitution Act, 1982, s. 52, s. 53, and Schedule, item 1.
  3. ^ a b Donald Creighton, The Road to Confederation (Toronto: Macmillan Publishing, 1864; revised ed., Oxford, Oxford University Press, 2012) online
  4. ^ Christopher Moore, 1867 — How the Fathers Made a Deal (Toronto: McClelland & Stewart, 1997).
  5. ^ Ben Gilding, "The Silent Framers of British North American Union: The Colonial Office and Canadian Confederation, 1851–67", Canadian Historical Review, Vol. 99, No. 3 (2018), pp. 349–393.
  6. ^ a b Hogg and Wright, Constitutional Law of Canada, para. 1:2.
  7. ^ British North America Act, 1867, 30 & 31 Vict. (UK), c. 3.]
  8. ^ Hogg and Wright, Constitutional Law of Canada, para. 4:1.
  9. ^ Constitution Act, 1982, Part V.
  10. ^ Canada Act 1982 (UK) 1982, c. 11, s. 2.
  11. ^ Constitution Act, 1867, s. ##.
  12. ^ G.P. Browne (ed.) Documents on the Confederation of British North America (Montreal and Kingston: McGill-Queen's University Press, 2009; reprint of the 1969 edition, with introduction by Janet Ajzenstat), "Rough Draft of the British North America Bill" (undated), clause 49 (Document 78, p. 248); "Initial Draft of the British North America Act" (23 January, 1867), clause 29 (Document 79, p. 254); "Third Draft of the British North America Act" (2 February 1867), clause 47 (Document 84, p. 271); "Fourth Draft of the British North America Act" (undated), clause 43 (Document 85, p. 285); "Final Draft of the British North America Act" (9 February, 1867), clause 55 (Document 86, p. 314).
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