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Constitutional law is a branch of public law, the body of rules regulating the functioning of the state. At its heart is the Constitution—the supreme law of Canada—which comprises written, statutory rules, plus rules of the common law (a living body of law that evolves over time through decisions of the courts), and also conventions derived from British constitutional history. The conventions themselves are recognized by the courts but are not, strictly speaking, part of constitutional law.

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriate and amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

In 2001, Robert Pickton was charged with murdering 26 women at his pig farm in Port Coquitlam, BC. He was convicted on six charges and sentenced to life in prison. Pickton claimed to have killed 49 women. His case was the largest serial killer investigation in Canadian history. It was also a flash point in the wider issue of missing and murdered Indigenous women and girls. In 2012, a government inquiry found that “blatant failures” by police led to a “tragedy of epic proportions.”

This article contains sensitive material that may not be suitable for all audiences. This article is a plain-language summary of the Robert Pickton Case. If you are interested in reading about this topic in more depth, please see our full-length entry: Robert Pickton Case.

The King-Byng Affair was a constitutional crisis that happened in 1926. It pitted the powers of a prime minister against the powers of a governor general. It began when Prime Minister William Lyon Mackenzie King asked Governor General Lord Julian Byng to dissolve Parliament and call a new election. Byng refused. It ended with King winning another election. Since then, no governor general has publicly refused the advice of a prime minister.

This article is a plain-language summary of the King-Byng Affair. If you are interested in reading about this topic in more depth, please see our full-length entry: King-Byng Affair.

The Persons Case was a constitutional ruling. It established the right of women to serve in the Senate. The case was started by the Famous Five. They were a group of women activists. In 1928, they objected to a Supreme Court of Canada ruling that women were not “persons.” As such, they were not allowed to serve in the Senate. The Famous Five challenged the law. In 1929, the decision was reversed. As a result, women were legally recognized as “persons.” They could no longer be denied rights based on a narrow reading of the law.

(This article is a plain-language summary of the Persons Case. If you are interested in reading about this topic in more depth, please see the full-length entry.)

Federalism is a political system. In it, the powers of government are split between federal and state or provincial levels. The federal (central) government has jurisdiction over the whole country. Each provincial government has jurisdiction over its population and region. In a true federation, the smaller states are not sovereign. They cannot legally secede. Canadian federalism has swung between centralizing control and decentralizing it. Both levels of government get their powers from Canada’s Constitution. But it includes features that do not fit with a strict approach to federalism.