Canadian constitutional history, since France ceded Canada to the British Crown, can be divided into five broad stages: the beginning of the British colonial regime, the establishment of “responsible government,” the establishment of the federal system, independence, and finally federal-provincial relations and patriation of the Constitution. The Constitution of Canada is made of a number of components that include certain British Acts and decrees, certain federal and provincial laws, constitutional conventions, the common law and case law, and, to a lesser extent, certain secondary sources, such as legal commentaries and literature, and federal-provincial agreements. The purpose of this chapter is twofold. On the one hand, it is to conduct a very brief review of the major periods of Canadian constitutional history and, on the other, to present the various formal components of Canada’s Constitution.Download the chapter from SSRN at the link.
February 23, 2021
Zhou on The Historical and Formal Foundations of Canadian Constitutional Law @hanruzhou
Han-Ru Zhou, University of Montreal, has published The Historical and Formal Foundations of Canadian Constitutional Law in F. Chevrette and H. Marx, Constitutional Law: Fundamental Principles - Notes and Cases (Thémis), 2020. Here is the abstract.