Constitutional Law in Canada

Overview

• The Constitution is not a single law but a series of laws and case law.
• Case law plays a crucial role in interpreting the Constitution.
• The Charter of Rights and Freedoms adds to the constitutional framework.
• Freedom of expression under Section 2 of the Charter is a key area of case law.

Interpretation of Rights

• Case law is essential in defining rights like freedom of expression.
• The courts decide what constitutes expression and justify restrictions.

Structure of the Constitution

• The BNA Act, now the Constitution Act, is a fundamental part of the Constitution.
• Constitutional law is a core course in law education due to its complexity.

Role of the Constitution

• Constitutions reflect a nation’s values and evolve with changing values.
• They regulate state powers and identify appropriate powers within a federal system.

Canadian Values in the Constitution

• Democratic Representation:
  • Canada values a democratically elected system of representatives.
  • This value is rooted in independence from the UK.
• Non-Partisan Administration:
  • Health Canada and Public Health Agency of Canada are examples of non-partisan administration.
  • Judges are expected to be non-partisan and administer the law faithfully.
  • Canadian judges are not elected, avoiding political influence.
• Division of Powers:
  • Federal and provincial governments have specific roles and constitutional authority.
  • Representation is relevant to jurisdictions like Ontario and Quebec.
• Self-Government:
  • The idea of a Canadian government independent from the UK.
  • Reflects the desire for local representation and identity.

Conclusion

• The Constitution and its interpretation through case law guide the regulation and values of the Canadian state.
• Upcoming videos will cover more on rights and the division of powers in Canadian federalism.