Explain the major features of Canadian Constitution.

The Canadian Constitution is the supreme law of Canada, comprising a complex set of written and unwritten sources that outline the country's system of government, rights, and institutions. It is composed of several key documents and principles, including:

1. Constitution Act, 1867 (formerly British North America Act, 1867): The Constitution Act, 1867, is the foundational document of the Canadian Constitution. It established Canada as a federal state, dividing powers between the federal government and the provinces. Key features include:

   • Division of Powers: The Act delineates the legislative authority of the federal and provincial governments, specifying areas of jurisdiction such as criminal law, immigration, and natural resources.

   • Federalism: Canada's federal system comprises a central government in Ottawa and provincial governments in each of the ten provinces and three territories. Each level of government has its own areas of responsibility and authority.

   • Parliamentary System: The Act establishes Canada's parliamentary system of government, including the structure and powers of the Parliament of Canada, consisting of the House of Commons and the Senate.

2. Constitution Act, 1982: The Constitution Act, 1982, is a major milestone in Canadian constitutional history as it patriated the Constitution from the United Kingdom, meaning that Canada gained full control over its constitutional amendments. Key features include:

   • Canadian Charter of Rights and Freedoms: The Charter is a constitutional bill of rights that guarantees fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, and language rights to all Canadians. It is considered one of the most significant aspects of the Constitution Act, 1982.

   • Aboriginal Rights: The Act recognizes and affirms the existing Aboriginal and treaty rights of Indigenous peoples in Canada, including rights related to land, resources, and self-government.

   • Amending Formula: The Act outlines the procedure for amending the Constitution, requiring the consent of the federal Parliament and a specified number of provinces representing a certain percentage of the population.

3. Unwritten Constitutional Conventions: In addition to written documents, Canada's constitution is also shaped by unwritten constitutional conventions, customs, and practices. These conventions govern the operation of the constitution, including the role of the monarchy, the Governor General, and the Prime Minister, as well as the relationship between the federal government and the provinces.

4. Common Law and Judicial Precedent: Canadian constitutional law is also influenced by common law principles and judicial precedent established by the courts, particularly the Supreme Court of Canada. Court decisions interpret and apply constitutional provisions, shaping the evolution of constitutional rights and principles over time.

5. Federal-Provincial Agreements and Treaties: Federal-provincial agreements and treaties with Indigenous peoples also contribute to the Canadian constitutional framework. These agreements may address issues such as land claims, resource management, and self-government rights, and are recognized as constitutionally protected rights.

Overall, the Canadian Constitution is characterized by its federal structure, protection of individual rights and freedoms, recognition of Indigenous rights, and the balance of powers between the federal government and the provinces. It is a dynamic and evolving document that reflects Canada's diverse legal traditions, historical evolution, and commitment to democracy, human rights, and the rule of law.