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This chapter describes the functions, history, and significance of the Canadian constitution. A constitution is the fundamental law of a political system and is a necessary condition for democratic politics. A constitution consists of rules governing the relationship between citizens and the state and between the different parts of the state. The Canadian constitution consists of written documents, court decisions (called common law), and unwritten conventions. Constitutional conventions are a very important aspect of the Canadian constitutional story. Together, the constitutional components describe the basis and method by which representatives are chosen. They also provide the basis for legitimate state power, and describe how it is limited and divided.
The Canadian constitutional story began well before Confederation and the British North America Act in 1867 with significant legislation and founding documents dating back to the eighteenth century. The changes to the Canadian constitution in the nineteenth and twentieth centuries led to Canada becoming a more independent and sovereign country. The chapter explains adoption of important political traditions and practices in Canada such as responsible government, ministerial responsibility, and judicial independence.
The Canadian Constitution, patriated in 1982, effectively gave Canada its own amending formulas to change the constitution, as well as a Charter of Rights and Freedoms. All provinces signed on, except for Quebec. Attempts to change the Constitution primarily to meet demands made by Quebec were undertaken, including the failed Meech Lake and Charlottetown Accords. Constitutional reform has historically mostly involved negotiations by elites; however, the Charlottetown Accord negotiations included the general public to a much greater degree. After the 1995 Quebec referendum, the Clarity Act was implemented in 2000 in order to give the federal government more influence in any future attempts by a province to secede from the federation.