The Constitution Acts 1867 - 1982 Canada + Text.4of4

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This Document is quite a read if you are Canadian.
Have you read it?
Have you read any laws that you live by?
The times are changing and things need to be learned and kept safe and sacred.
The freedoms that were hard won fought and taken for the benefit of the people are being given away by those that have only received benefited from these freedoms. Now these people relinquish these freedoms so that they can sit in a restaurant and go to the movies, after taking a shot so they can get a pass from daddy mommy government allowing these sheep to go and eat.

The passes will only bring about a limitation on your freedoms.
What liberates you today will enslave you tomorrow.
How many shots will you take before you realize?

Documents to print off an keep with you:
The Charter of Rights and Freedoms
Canadian Bill of Rights 1960
The Constitution Acts 1867 - 1982
Taxpayer Bill of Rights
Trespass to Property Act
Motor Vehicle Act
Civil Remedies Act, 2001
Firearms Act

Carrying these documents around with you could help
If you get board, you can read them and learn that you have freedoms listed on the books that you may not be aware of.
Not that any paper will ever give freedom to you which you already have!

If they say ware a muzzle you can hold up the laws of the land and say yes or no because of said paperwork.
To play by their rules you must know them and show them.

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Find the text here: https://laws-lois.justice.gc.ca/eng/const/FullText.html

Continued from this post: https://ecency.com/hive-154369/@marshmellowman/the-constitution-acts-1867-1982-a14a464f76607

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TEXT:

(a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and

(b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis.

(2) For the purposes of paragraph one of this Term, the Pentecostal Assemblies of Newfoundland have in Newfoundland all the same rights and privileges with respect to denominational schools and denominational colleges as any other class or classes of persons had by law in Newfoundland at the date of Union, and the words all such schools in paragraph (a) of paragraph one of this Term and the words all such colleges in paragraph (b) of paragraph one of this Term include, respectively, the schools and the colleges of the Pentecostal Assemblies of Newfoundland.

Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)), which Term provided an alternative for Newfoundland, originally read as follows:

17 In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland:

In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education,

(a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and

(b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis.

See also sections 23, 29 and 59 of the Constitution Act, 1982. Section 23 provides for new minority language educational rights and section 59 permits a delay in respect of the coming into force in Quebec of one aspect of those rights. Section 29 provides that nothing in the Canadian Charter of Rights and Freedoms abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.

(51)

Added by the Constitution Amendment, 1997 (Quebec) (see SI/97-141).

(52)

Amended by the Constitution Act, 1964, 12-13 Eliz. II, c. 73 (U.K.). As originally enacted by the British North America Act, 1951, 14-15 Geo. VI, c. 32 (U.K.), which was repealed by the Constitution Act, 1982, section 94A read as follows:

94A It is hereby declared that the Parliament of Canada may from time to time make laws in relation to old age pensions in Canada, but no law made by the Parliament of Canada in relation to old age pensions shall affect the operation of any law present or future of a Provincial Legislature in relation to old age pensions.

(53)

Amended by the Constitution Act, 1960, 9 Eliz. II, c. 2 (U.K.), which came into force on March 1, 1961. The original section read as follows:

99 The Judges of the Superior Courts shall hold Office during good Behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons.

(54)

Now provided for in the Judges Act, R.S.C. 1985, c. J-1.

(55)

See the Supreme Court Act, R.S.C. 1985, c. S-26, the Federal Court Act, R.S.C. 1985, c. F-7 and the Tax Court of Canada Act, R.S.C. 1985, c. T-2.

(56)

Now covered by the Governor General’s Act, R.S.C. 1985, c. G-9.

(57)

Manitoba, Alberta and Saskatchewan were placed in the same position as the original provinces by the Constitution Act, 1930, 20-21 Geo. V, c. 26 (U.K.).

These matters were dealt with in respect of British Columbia by the British Columbia Terms of Union and also in part by the Constitution Act, 1930.

Newfoundland was also placed in the same position by the Newfoundland Act, 12-13 Geo. V1, c. 22 (U.K.).

With respect to Prince Edward Island, see the Schedule to the Prince Edward Island Terms of Union.

(58)

The obligations imposed by sections 114, 115 and 116, and similar obligations under the instruments creating or admitting other provinces, are now to be found in the Provincial Subsidies Act, R.S.C. 1985, c. P-26.

(59)

Repealed by the Statute Law Revision Act, 1950, 14 Geo. VI, c. 6 (U.K.).

The section originally read as follows:

118 The following Sums shall be paid yearly by Canada to the several Provinces for the Support of their Governments and Legislatures:

Dollars.

Ontarioblank line

Eighty thousand.

Quebecblank line

Seventy thousand.

Nova Scotiablank line

Sixty thousand.

New Brunswickblank line

Fifty thousand.

Two hundred and sixty thousand;

and an annual Grant in aid of each Province shall be made, equal to Eighty Cents per Head of the Population as ascertained by the Census of One thousand eight hundred and sixty-one, and in the Case of Nova Scotia and New Brunswick, by each subsequent Decennial Census until the Population of each of those two Provinces amounts to Four hundred thousand Souls, at which Rate such Grant shall thereafter remain. Such Grants shall be in full Settlement of all future Demands on Canada, and shall be paid half-yearly in advance to each Province; but the Government of Canada shall deduct from such Grants, as against any Province, all Sums chargeable as Interest on the Public Debt of that Province in excess of the several Amounts stipulated in this Act.

The section was made obsolete by the Constitution Act, 1907, 7 Edw. VII, c. 11 (U.K.), which provided:

  1. (1) The following grants shall be made yearly by Canada to every province, which at the commencement of this Act is a province of the Dominion, for its local purposes and the support of its Government and Legislature:

(a) A fixed grant

where the population of the province is under one hundred and fifty thousand, of one hundred thousand dollars;

where the population of the province is one hundred and fifty thousand, but does not exceed two hundred thousand, of one hundred and fifty thousand dollars;

where the population of the province is two hundred thousand, but does not exceed four hundred thousand, of one hundred and eighty thousand dollars;

where the population of the province is four hundred thousand, but does not exceed eight hundred thousand, of one hundred and ninety thousand dollars;

where the population of the province is eight hundred thousand, but does not exceed one million five hundred thousand, of two hundred and twenty thousand dollars;

where the population of the province exceeds one million five hundred thousand, of two hundred and forty thousand dollars; and

(b) Subject to the special provisions of this Act as to the provinces of British Columbia and Prince Edward Island, a grant at the rate of eighty cents per head of the population of the province up to the number of two million five hundred thousand, and at the rate of sixty cents per head of so much of the population as exceeds that number.

(2) An additional grant of one hundred thousand dollars shall be made yearly to the province of British Columbia for a period of ten years from the commencement of this Act.

(3) The population of a province shall be ascertained from time to time in the case of the provinces of Manitoba, Saskatchewan, and Alberta respectively by the last quinquennial census or statutory estimate of population made under the Acts establishing those provinces or any other Act of the Parliament of Canada making provision for the purpose, and in the case of any other province by the last decennial census for the time being.

(4) The grants payable under this Act shall be paid half-yearly in advance to each province.

(5) The grants payable under this Act shall be substituted for the grants or subsidies (in this Act referred to as existing grants) payable for the like purposes at the commencement of this Act to the several provinces of the Dominion under the provisions of section one hundred and eighteen of the Constitution Act, 1867, or of any Order in Council establishing a province, or of any Act of the Parliament of Canada containing directions for the payment of any such grant or subsidy, and those provisions shall cease to have effect.

(6) The Government of Canada shall have the same power of deducting sums charged against a province on account of the interest on public debt in the case of the grant payable under this Act to the province as they have in the case of the existing grant.

(7) Nothing in this Act shall affect the obligation of the Government of Canada to pay to any province any grant which is payable to that province, other than the existing grant for which the grant under this Act is substituted.

(8) In the case of the provinces of British Columbia and Prince Edward Island, the amount paid on account of the grant payable per head of the population to the provinces under this Act shall not at any time be less than the amount of the corresponding grant payable at the commencement of this Act, and if it is found on any decennial census that the population of the province has decreased since the last decennial census, the amount paid on account of the grant shall not be decreased below the amount then payable, notwithstanding the decrease of the population.

See the Provincial Subsidies Act, R.S.C. 1985, c. P-26, and the Federal-Provincial Fiscal Arrangements Act, R.S.C. 1985, c. F-8.

See also Part III of the Constitution Act, 1982, which sets out commitments by Parliament and the provincial legislatures respecting equal opportunities, economic development and the provision of essential public services and a commitment by Parliament and the government of Canada to the principle of making equalization payments.

(60)

Spent.

(61)

Spent. Now covered by the Customs Act, R.S.C. 1985, c. 1 (2nd Supp.), the Customs Tariff, S.C. 1997, c. 36, the Excise Act, R.S.C. 1985, c. E-14, the Excise Act, 2001, S.C. 2002, c. 22 and the Excise Tax Act, R.S.C. 1985, c. E-15.

(62)

Spent.

(63)

These dues were repealed in 1873 by 36 Vict., c. 16 (N.B.). Also, see An Act respecting the Export Duties imposed on Lumber, etc. (1873) 36 Vict., c. 41 (Canada), and section 2 of the Provincial Subsidies Act, R.S.C. 1985, c. P-26.

(64)

Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:

127 If any Person being at the passing of this Act a Member of the Legislative Council of Canada, Nova Scotia, or New Brunswick, to whom a Place in the Senate is offered, does not within Thirty Days thereafter, by Writing under his Hand addressed to the Governor General of the Province of Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as the Case may be), accept the same, he shall be deemed to have declined the same; and any Person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a Place in the Senate shall thereby vacate his Seat in such Legislative Council.

(65)

The restriction against altering or repealing laws enacted by or existing under statutes of the United Kingdom was removed by the Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.), except in respect of certain constitutional documents. Comprehensive procedures for amending enactments forming part of the Constitution of Canada were provided by Part V of the Constitution Act, 1982.

(66)

Spent.

(67)

A similar provision was enacted for Manitoba by section 23 of the Manitoba Act, 1870, 33 Vict., c. 3 (confirmed by the Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.)). Section 23 read as follows:

23 Either the English or the French language may be used by any person in the debates of the Houses of the Legislature, and both these languages shall be used in the respective Records and Journals of those Houses; and either of those languages may be used by any person, or in any Pleading or Process, in or issuing from any Court of Canada established under the British North America Act, 1867, or in or from all or any of the Courts of the Province. The Acts of the Legislature shall be printed and published in both those languages.

Sections 17 to 19 of the Constitution Act, 1982 restate the language rights set out in section 133 in respect of Parliament and the courts established under the Constitution Act, 1867, and also guarantee those rights in respect of the legislature of New Brunswick and the courts of that province.

Sections 16, 20, 21 and 23 of the Constitution Act, 1982 recognize additional language rights in respect of the English and French languages. Section 22 preserves language rights and privileges of languages other than English and French.

(68)

Spent. Now covered in Ontario by the Executive Council Act, R.S.O. 1990, c. E.25 and in Quebec by the Executive Power Act, R.S.Q. c. E-18.

(69)

Probably spent.

(70)

Probably spent.

(71)

Probably spent.

(72)

Spent. Penitentiaries are now provided for by the Corrections and Conditional Release Act, S.C. 1992, c. 20.

(73)

Spent. See pages (xi) and (xii) of the Public Accounts, 1902-1903.

(74)

Probably spent. Two orders were made under this section on January 24, 1868.

(75)

Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14, (U.K.). The section read as follows:

145 Inasmuch as the Provinces of Canada, Nova Scotia, and New Brunswick have joined in a Declaration that the Construction of the Intercolonial Railway is essential to the Consolidation of the Union of British North America, and to the Assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that Provision should be made for its immediate Construction by the Government of Canada; Therefore, in order to give effect to that Agreement, it shall be the Duty of the Government and Parliament of Canada to provide for the Commencement, within Six Months after the Union, of a Railway connecting the River St. Lawrence with the City of Halifax in Nova Scotia, and for the Construction thereof without Intermission, and the Completion thereof with all practicable Speed.

(76)

All territories mentioned in section 146 are now part of Canada. See endnote (6) to section 5, above.

(77)

Spent. See endnotes (11), (12), (15), (16) and (17) to sections 21, 22, 26, 27 and 28, above.

(78)

Spent. See Representation Act, R.S.O. 1990, c. R.26.

(79)

As enacted by section 51 of the Constitution Act, 1982.

(80)

French version enacted as Schedule A to the Canada Act 1982, 1982, c. 11 (U.K.).

(81)

Enacted as Schedule B to the Canada Act 1982, 1982, c. 11 (U.K.), which came into force on April 17, 1982.

(82)

See section 50, and endnotes (40) and (42) to sections 85 and 88, of the Constitution Act, 1867.

(83)

Replaces part of Class 1 of section 91 of the Constitution Act, 1867, which was repealed as set out in subitem 1(3) of the Schedule to the Constitution Act, 1982.

(84)

See endnotes (10), (41) and (42) to sections 20, 86 and 88 of the Constitution Act, 1867.

(85)

Subsection 32(2) provides that section 15 shall not have effect until three years after section 32 comes into force. Section 32 came into force on April 17, 1982; therefore, section 15 had effect on April 17, 1985.

(86)

Section 16.1 was added by the Constitution Amendment, 1993 (New Brunswick) (see SI/93-54).

(87)

See section 133 of the Constitution Act, 1867, and endnote (67).

(88)

Ibid.

(89)

Ibid.

(90)

Ibid.

(91)

Ibid.

(92)

Ibid.

(93)

See, for example, section 133 of the Constitution Act, 1867 and the reference to the Manitoba Act, 1870, in endnote (67) to that section.

(94)

Paragraph 23(1)(a) is not in force in respect of Quebec. See section 59 of the Constitution Act, 1982.

(95)

Paragraph 25(b) was repealed and re-enacted by the Constitution Amendment Proclamation, 1983 (see SI/84-102). Paragraph 25(b) originally read as follows:

(b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.

(96)

See section 93 of the Constitution Act, 1867 and endnote (50).

(97)

Subsections 35(3) and (4) were added by the Constitution Amendment Proclamation, 1983 (see SI/84-102).

(98)

Section 35.1 was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102).

(99)

See endnotes (58) and (59) to sections 114 and 118 of the Constitution Act, 1867.

(100)

Section 54 of the Constitution Act, 1982 provided for the repeal of Part IV (section 37) one year after Part VII came into force. Part VII came into force on April 17, 1982 thereby repealing Part IV on April 17, 1983. Section 37 read as follows:

37 (1) A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada within one year after this Part comes into force.

(2) The conference convened under subsection (1) shall have included in its agenda an item respecting constitutional matters that directly affect the aboriginal peoples of Canada, including the identification and definition of the rights of those peoples to be included in the Constitution of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on that item.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of the conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

(101)

Part IV.1 (section 37.1), which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), was repealed on April 18, 1987 by section 54.1 of the Constitution Act, 1982. Section 37.1 read as follows:

37.1 (1) In addition to the conference convened in March 1983, at least two constitutional conferences composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that date.

(2) Each conference convened under subsection (1) shall have included in its agenda constitutional matters that directly affect the aboriginal peoples of Canada, and the Prime Minister of Canada shall invite representatives of those peoples to participate in the discussions on those matters.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Territory and the Northwest Territories to participate in the discussions on any item on the agenda of a conference convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and the Northwest Territories.

(4) Nothing in this section shall be construed so as to derogate from subsection 35(1).

(102)

Prior to the enactment of Part V, certain provisions of the Constitution of Canada and the provincial constitutions could be amended pursuant to the Constitution Act, 1867. See endnotes (44) and (48) to section 91, Class 1 and section 92, Class 1 of that Act, respectively. Other amendments to the Constitution could only be made by enactment of the Parliament of the United Kingdom.

(103)

A First Ministers Meeting was held June 20-21, 1996.

(104)

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

(105)

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

(106)

Part VII came into force on April 17, 1982 (see SI/82-97).

(107)

Section 54.1, which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), provided for the repeal of Part IV.1 and section 54.1 on April 18, 1987. Section 54.1 read as follows:

54.1 Part IV.1 and this section are repealed on April 18, 1987.

(108)

The French Constitutional Drafting Committee was established in 1984 with a mandate to assist the Minister of Justice in that task. The Committee’s Final Report was tabled in Parliament in December 1990.

(109)

The Act, with the exception of paragraph 23(1)(a) in respect of Quebec, came into force on April 17, 1982 by proclamation issued by the Queen (see SI/82-97).

(110)

No proclamation has been issued under section 59.

(111)

Section 61 was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102). See also section 3 of the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I and the Constitution Amendment, 1987 (Newfoundland Act) (see SI/88-11).

Date modified: 2021-11-25

_________(END)_______________________
Edicts are Not laws.
Universal law trumps all laws of all lands from all persons.
You gain freedom when you realize you must consent to be ruled over.



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