List of Canadian constitutional documents
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The following is a list of pre-1982 English, British, and Canadian legislation that forms part of the Constitution of Canada. These pieces of legislation are entrenched in the constitution, meaning their provisions cannot be changed without following the amending formula given in the Constitution Act, 1982. There are three general methods of constitutional entrenchment:
- Specific mention as a constitutional document in section 52(2) of the Constitution Act, 1982, such as the Constitution Act, 1867.
- Constitutional entrenchment of an otherwise statutory English, British, or Canadian document because of subject matter provisions in the amending formula of the Constitution Act, 1982, such as provisions with regard to the monarchy. English and British statutes are part of Canadian law because of the Colonial Laws Validity Act 1865, section 129 of the Constitution Act, 1867, and the Statute of Westminster, 1931. Those laws then became entrenched when the amending formula was made part of the constitution.
- Reference by an entrenched document, such as the Preamble of the Constitution Act, 1867's entrenchment of written and unwritten principles from the constitution of the United Kingdom or the Constitution Act, 1982's reference of the Proclamation of 1763.
Legislation under method 1 (section 52(2) entrenchment):
- Constitution Act, 1867
- Manitoba Act, 1870
- Rupert's Land and North-Western Territory Order
- British Columbia Terms of Union
- Constitution Act, 1871
- Prince Edward Island Terms of Union
- Parliament of Canada Act, 1875
- Adjacent Territories Order
- Constitution Act, 1886
- Canada (Ontario Boundary) Act, 1889
- Alberta Act
- Saskatchewan Act
- Constitution Act, 1907
- Constitution Act, 1915
- Constitution Act, 1930
- Statute of Westminster, 1931
- Constitution Act, 1940
- Newfoundland Act, 1949
- Constitution Act, 1960
- Constitution Act, 1964
- Constitution Act, 1965
- Constitution Act, 1974
- Constitution Act (No. 1), 1975
- Constitution Act (No. 2), 1975
Legislation under method 2 (statutes concerning the monarchy):
- English Bill of Rights, 1689 (provisions with regard to the monarchy are to be taken literally)
- Act of Settlement, 1701 (provisions with regard to the monarchy are to be taken literally)
Legislation under method 3 (statutes referenced by other entrenched documents):
- English Bill of Rights, 1689 (provisions with regard to civil rights or the constitutional order are to be taken foundationally)
- Act of Settlement, 1701 (provisions with regard to civil rights or the constitutional order are to be taken foundationally)
- Proclamation of 1763
