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Rule of judicial interpretation developed by Canadian courts
The equal authenticity rule (French: règle d’égale autorité) is a rule of judicial interpretation developed by Canadian courts as a way of interpreting
Equal_authenticity_rule
Powers available to government or executive
under charges of corruption and abuse of power. In order to restore the rule of law, the UK government took direct control of the government of the territory
Royal_prerogative
Feature of some forms of government
Responsible government Constitutionalism Constitutional economics Mixed government Rule according to higher law Elective dictatorship However, the independence of
Fusion_of_powers
Legal term of art in the UK and the Commonwealth
describe detention in prison for an indefinite length of time; a judge may rule that a person be "detained at His Majesty's pleasure" for serious offences
At_His_Majesty's_pleasure
Law recognising autonomy of British Dominions
decades of the 20th century. Dominions did not possess full sovereignty on an equal footing with the United Kingdom. The parliament of Canada passed a law barring
Statute_of_Westminster_1931
English civil rights legislation
deferred more to the monarch. The previous oath required the monarch to rule based on "the laws and customs ... granted by the Kings of England". The
Bill_of_Rights_1689
Part of the Constitution of Canada adding BC
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
British Columbia Terms of Union
British_Columbia_Terms_of_Union
1864 conference to discuss Canadian confederation
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Charlottetown_Conference
Legal concept in the Westminster system
established rules and procedures. The individuals involved must be "constituted as a public institution qua Parliament (on the basis of some rules and under
King-in-Parliament
Legal immunity enjoyed by members of certain legislatures
claimed by Members individually or by the House collectively. Initially, the rule for when parliamentary privilege applies is that it cannot exceed the powers
Parliamentary_privilege
1867 unification of Province of Canada, Nova Scotia, and New Brunswick
Confederation on July 1, 1867, were initially part of New France, and were once ruled by France. Nova Scotia was granted in 1621 to Sir William Alexander under
Canadian_Confederation
Supreme law of Canada
fundamental principles of federalism, democracy, constitutionalism and the rule of law, and respect for minorities. See list of Canadian constitutional documents
Constitution_of_Canada
List of the founders of Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Fathers_of_Confederation
Canadian constitutional enactment
amendments from Britain. In September 1981, the Supreme Court of Canada ruled in the Patriation Reference that provincial consent was not legally necessary
Canada_Act_1982
British declaration outlining government for North American colonies
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Royal_Proclamation_of_1763
advice tendered is typically binding, meaning the monarch reigns but does not rule, with the Cabinet ruling "in trust" for the monarch. However, the royal prerogative
Government_of_Canada
Introductory provision for the constitutional Charter
Canada is founded upon principles that recognize the supremacy of God and the rule of law". Writing in 1982, when the Charter came into force, constitutional
Preamble to the Canadian Charter of Rights and Freedoms
Preamble_to_the_Canadian_Charter_of_Rights_and_Freedoms
Discretional power of a head of state
by the 1926 Imperial Conference, formally establishing the autonomy and equal status of Commonwealth governments, governors-general ceased to be advised
Reserve_power
British statute establishing the Province of Canada
Canada's anti-French measures. The act established a single parliament with an equal number of seats for each region, now called Canada East and Canada West
Act_of_Union_1840
Concept of parliamentary democracy
and advisement of their responsible ministers. Common exceptions to this rule include emergency or wartime acts of necessity and the granting of certain
Responsible_government
Constitutional bar on unreasonable searches
contents of a bag would be. (R. v. Mellenthin [1992]) It has also been ruled that the use of a police dog as a means to gain probable cause to search
Section 8 of the Canadian Charter of Rights and Freedoms
Section_8_of_the_Canadian_Charter_of_Rights_and_Freedoms
1839 report regarding rebellions in Canada
created Legislative Assembly of the Province of Canada was required to have equal representation from Canada East and Canada West, even though the population
Durham_Report
(though not exhaustive): federalism; democracy; constitutionalism and the rule of law; and protection of minorities. Under the authority of section 52(1)
Canadian_constitutional_law
1982 Canadian constitutional legislation
an interpreter in a court proceeding. Section 15 equal treatment before and under the law, and equal protection and benefit of the law without discrimination
Canadian Charter of Rights and Freedoms
Canadian_Charter_of_Rights_and_Freedoms
Foundational law for province of Saskatchewan
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Saskatchewan_Act
Canadian doctrine of constitutional interpretation
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Living_tree_doctrine
Primary constitutional document of Canada
senators (Section 21), most of whom represent (Section 22) one of four equal divisions: Ontario, Quebec, the Maritime Provinces and the Western Provinces
Constitution_Act,_1867
Series of proposed amendments to the Constitution of Canada
announced it would use a constitutional veto. The Supreme Court of Canada ruled in the Quebec Veto Reference that Quebec did not have a veto, and the Constitution
Meech_Lake_Accord
Political concept in parliamentary politics
agreement and collective unity of the cabinet and its members. Ministerial rule Principal Officials Accountability System Political Appointments System in
Cabinet collective responsibility
Cabinet_collective_responsibility
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 92(10) of the Constitution Act, 1867
Section_92(10)_of_the_Constitution_Act,_1867
Part of the Constitution of Canada establishing Manitoba
both locally and nationally, in the Manitoba Schools Question. The courts ruled that the change was consistent with the provision in the act, and that it
Manitoba_Act,_1870
Primary constitutional document of Canada
may be so acquired." Section 36 enshrines in the Constitution a value of equal opportunity for the Canadian people, economic development to support that
Constitution_Act,_1982
1971 proposed amendments to the Constitution of Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Victoria_Charter
Constitutional rights on arrest or detention
the Charter overrules Hogan." In R. v. Bartle (1994) the Supreme Court ruled that rights to be informed that one may seek counsel included rights to
Section 10 of the Canadian Charter of Rights and Freedoms
Section_10_of_the_Canadian_Charter_of_Rights_and_Freedoms
Formal request of a parliament to the respective government
speaker reviews the question to ensure that it complies with procedural rules. Repetitive, trivial or extraneous questions may be rejected. Schedule arrangement:
Interpellation_(politics)
change laws regarding expropriation of Metis land. Courts have not yet ruled about whether this kind of language really would bind future legislatures
Amendments to the Constitution of Canada
Amendments_to_the_Constitution_of_Canada
Final conference leading to Confederation of Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
London_Conference_of_1866
1838 declaration of independence of Quebec
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Declaration of Independence of Lower Canada
Declaration_of_Independence_of_Lower_Canada
Notwithstanding clause - Canadian Constitution
ready to use notwithstanding clause to protect new school pronoun and name rule". CBC News. Archived from the original on September 29, 2023. Retrieved September
Section 33 of the Canadian Charter of Rights and Freedoms
Section_33_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitutional provision protecting equality
states: 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination
Section 15 of the Canadian Charter of Rights and Freedoms
Section_15_of_the_Canadian_Charter_of_Rights_and_Freedoms
Political-philosophical phrase in Commonwealth countries
Committee of the Privy Council (then the supreme authority over Canadian law) ruled in Russell v. The Queen that the federal government could legislate with
Peace, order, and good government
Peace,_order,_and_good_government
Charter applies to territorial governments
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 30 of the Canadian Charter of Rights and Freedoms
Section_30_of_the_Canadian_Charter_of_Rights_and_Freedoms
UK statute creating Lower and Upper Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Constitutional_Act_1791
applies the rule of judicial interpretation that will come to be known as the “Equal Authenticity Rule” to Acts of Parliament. This rule of interpretation
Timeline of official languages policy in Canada
Timeline_of_official_languages_policy_in_Canada
Foundation enactment of Province of Alberta
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Alberta_Act
Canadian parliamentary procedure
first oral question occurred during the 1st Canadian Parliament, before rules had been established providing for formal questions. According to the record
Question_Period
Remedies for constitutional infringements
use of section 24 violated "fundamental justice" and the "functus officio" rule, in which a judge makes a ruling and afterwards has no role to play, the
Section 24 of the Canadian Charter of Rights and Freedoms
Section_24_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitutional provision guaranteeing suffrage
cannot see this on the face of the Charter, the Supreme Court has also ruled that section 3 guarantees a measure of equality in voting. In Reference
Section 3 of the Canadian Charter of Rights and Freedoms
Section_3_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitutional convention in governments using the Westminster System
ministers to closely scrutinize the activities within their departments. One rule coming from this principle is that each cabinet member answers for their
Individual ministerial responsibility
Individual_ministerial_responsibility
Concept in constitutional theory
earlier statute as invalidated by the later one. The Wisconsin Supreme Court ruled in July 2025 that an 1849 law, that stated the killing of a fetus was manslaughter
Implied_repeal
Basis for the Constitution of Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Quebec_Resolutions
Series of proposed amendments to the Constitution of Canada
society within Canada. Other aspects of the Canada Clause dealt with the rule of law, Canada as a parliamentary and federal system, Aboriginal Peoples
Charlottetown_Accord
Charter does not extend legislative powers
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 31 of the Canadian Charter of Rights and Freedoms
Section_31_of_the_Canadian_Charter_of_Rights_and_Freedoms
Application of Charter to federal and provincial governments
government (executive, legislative, and administrative), as well as any rules, or regulations created by "government actors". Common law only applied
Section 32 of the Canadian Charter of Rights and Freedoms
Section_32_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitutional recognition of separate religious schools
be provided in French. Beverley McLachlin, "Freedom of Religion and the Rule of Law: A Canadian Perspective," in Recognizing Religion in a Secular Society:
Section 29 of the Canadian Charter of Rights and Freedoms
Section_29_of_the_Canadian_Charter_of_Rights_and_Freedoms
Official bilingualism in Canada
are the official languages of Canada and have the equality of status and equal rights and privileges as to their use in all institutions of the Parliament
Section 16 of the Canadian Charter of Rights and Freedoms
Section_16_of_the_Canadian_Charter_of_Rights_and_Freedoms
Doctrine in Canadian constitutional law
Retrieved 4 February 2014. Eric Colvin (1979). "Legal Theory and the Paramountcy Rule" (PDF). McGill Law Journal. 25 (1). McGill Law School: 82–98. Retrieved 7
Paramountcy_(Canada)
Constitutional prohibition on arbitrary detention
In Charkaoui v. Canada (Citizenship and Immigration), the Supreme Court ruled that the Canada's security certificate regime, which enabled the pretrial
Section 9 of the Canadian Charter of Rights and Freedoms
Section_9_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitutional protection of aboriginal and treaty rights
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 25 of the Canadian Charter of Rights and Freedoms
Section_25_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitutional bar on cruel and unusual punishment
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 12 of the Canadian Charter of Rights and Freedoms
Section_12_of_the_Canadian_Charter_of_Rights_and_Freedoms
Provision of the Constitution of Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 68 of the Constitution Act, 1867
Section_68_of_the_Constitution_Act,_1867
Constitutional bar on self-crimination
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 13 of the Canadian Charter of Rights and Freedoms
Section_13_of_the_Canadian_Charter_of_Rights_and_Freedoms
the more recent statute has the effect of nullifying any contradictory rules laid out in all earlier statutes, is known as "implied repeal." Implied
Quasi-constitutionality
Conference on Canadian Confederation
Columbia and the “North West Territory", to eventually enter Canada on equal terms later. Although the Quebec Conference changed the political influence
Quebec_Conference,_1864
Constitutional requirement that laws be in English and French
and French versions of the Constitution are equal. Earlier, however, court decisions suggested the equal status of English and French versions was implicit
Section 18 of the Canadian Charter of Rights and Freedoms
Section_18_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitutional provision concerning fundamental freedoms
Supreme Court ruled in Chaput v Romain, regarding Jehovah's Witnesses, that different religion have rights, based upon tradition and the rule of law (at
Section 2 of the Canadian Charter of Rights and Freedoms
Section_2_of_the_Canadian_Charter_of_Rights_and_Freedoms
Provision of the Constitution of Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 16 of the Constitution Act, 1867
Section_16_of_the_Constitution_Act,_1867
Constitutional provision concerning right to life, liberty and security of the person
have a clear and understandable interpretation so as to properly define the rule or offence. A law is unconstitutionally vague if it does not have clarity
Section 7 of the Canadian Charter of Rights and Freedoms
Section_7_of_the_Canadian_Charter_of_Rights_and_Freedoms
Canadian legal principle
in the two sections overlapped, and the Privy Council repeatedly had to rule on the constitutionality of laws made by the federal and provincial legislatures
Pith_and_substance
Constitutional provision regarding criminal trials
could not be used to frame a legal debate that could produce a structured rule. Section 11(f) provides that 11. Any person charged with an offence has the
Section 11 of the Canadian Charter of Rights and Freedoms
Section_11_of_the_Canadian_Charter_of_Rights_and_Freedoms
Proposed Canadian constitutional amendment formula
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Fulton–Favreau_formula
Constitutional right to interpreters in trials
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 14 of the Canadian Charter of Rights and Freedoms
Section_14_of_the_Canadian_Charter_of_Rights_and_Freedoms
Non-derogation of other rights
Federal Court ruled that non-Charter rights are not enhanced by section 26; in R. v. MacAusland, the Prince Edward Island court ruled that non-Charter
Section 26 of the Canadian Charter of Rights and Freedoms
Section_26_of_the_Canadian_Charter_of_Rights_and_Freedoms
Doctrine in Canadian constitutional law
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Double_aspect_doctrine
Federal systems of Canada
"Interpretation Act (R.S.C., 1985, c. I-21)". 26 February 2015. codifies the general rule at s. 8.1. Live Stock and Live Stock Products Act, R.S.C. 1927, c.120 Live
Federalism_in_Canada
Section of the Constitution Act, 1982 of Canada
Court of Canada to define what Aboriginal rights "exist". The Supreme Court ruled in R. v. Sparrow that, before 1982 (when section 35 came into effect), Aboriginal
Section 35 of the Constitution Act, 1982
Section_35_of_the_Constitution_Act,_1982
Provision of the Constitution of Canada
appropriate funds. However, if every member of the House of Commons had an equal opportunity to introduce money bills, there would not be firm budgetary
Section 54 of the Constitution Act, 1867
Section_54_of_the_Constitution_Act,_1867
Canadian legal theory
chose to. Roncarelli later held that public officials were subject to the rule of law and therefore could neither suspend nor dispense it arbitrarily, but
Implied_bill_of_rights
"Reasonable limits clause" of the Canadian constitution
predicament because the predicament was considered rare and obscure. The Court ruled this was an insufficient objective, because it was more of an explanation
Section 1 of the Canadian Charter of Rights and Freedoms
Section_1_of_the_Canadian_Charter_of_Rights_and_Freedoms
Provision of the Constitution of Canada
equality, unlike the Senate of the United States, where each state had equal representation. The general feeling amongst the delegates was that state
Section 22 of the Constitution Act, 1867
Section_22_of_the_Constitution_Act,_1867
Constitutional provision requiring annual sittings of Parliament
last of three democratic rights in the Charter. Its role is to establish a rule regarding how frequently the Parliament of Canada and the legislatures of
Section 5 of the Canadian Charter of Rights and Freedoms
Section_5_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitutional right to use English or French in Parliament
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 17 of the Canadian Charter of Rights and Freedoms
Section_17_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Calgary_Declaration
Provision of the Constitution of Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 20 of the Constitution Act, 1867
Section_20_of_the_Constitution_Act,_1867
foreign governments, requiring the sanction of parliament, down to minute rules for regulating particular trades. But a consideration of the Act shews [sic]
Section 91(2) of the Constitution Act, 1867
Section_91(2)_of_the_Constitution_Act,_1867
Governing body in New France
Moreover, townspeople drank river water for the entirety of French colonial rule without much concern. The Sovereign Council acted as the court of appeal
Sovereign Council of New France
Sovereign_Council_of_New_France
Uncodified Canadian provincial constitution
The constitution of Quebec comprises a set of legal rules that arise from the following categories: The established provisions of the Clergy Endowments
Constitution_of_Quebec
Proclamation creating Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Proclamation of the Constitution Act, 1867
Proclamation_of_the_Constitution_Act,_1867
Constitutional concept
because the British government began to leave it to the court system to rule on the vires of colonial legislation. With the development of responsible
Disallowance_and_reservation
Constitutional recognition of multiculturalism
already protects ethnic origin and religion, but section 15's guarantee of "equal benefit of the law," combined with section 27, could lead to governments
Section 27 of the Canadian Charter of Rights and Freedoms
Section_27_of_the_Canadian_Charter_of_Rights_and_Freedoms
Grant of Canadian criminal law to the federal government
of Rights and Freedoms. In that regard, The Supreme Court of Canada has ruled: in R. v. Wholesale Travel Group Inc., where they possess a mens rea component
Section 91(27) of the Constitution Act, 1867
Section_91(27)_of_the_Constitution_Act,_1867
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 92(13) of the Constitution Act, 1867
Section_92(13)_of_the_Constitution_Act,_1867
Constitutional protection of sexual equality
state that men and women are equal; this is done by section 15. Instead, section 28 ensures that men and women have equal claim to rights listed in the
Section 28 of the Canadian Charter of Rights and Freedoms
Section_28_of_the_Canadian_Charter_of_Rights_and_Freedoms
Constitutional provision concerning duration of Parliaments
territorial legislative assemblies, is five years. A narrow exception to this rule in case of war or rebellion is provided under subsection 4(2), but any extension
Section 4 of the Canadian Charter of Rights and Freedoms
Section_4_of_the_Canadian_Charter_of_Rights_and_Freedoms
Provision of the Constitution of Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Sections 90Q and 90S of the Constitution Act, 1867
Sections_90Q_and_90S_of_the_Constitution_Act,_1867
Provision of the Canadian Constitution
only incidental effects may still be constitutional. There is no general rule that prevents the Parliament of Canada from enacting such legislation. Since
Section 121 of the Constitution Act, 1867
Section_121_of_the_Constitution_Act,_1867
Provision of the Constitution of Canada
Constitution Indigenous self-government Pith and substance Double aspect Equal authenticity rule Paramountcy Living tree Implied Bill of Rights Interjurisdictional
Section 4 of the Constitution Act, 1867
Section_4_of_the_Constitution_Act,_1867
Constitutional provision protecting mobility rights
Section 6 also grants Canadians economic rights, but only insofar as one has equal rights to pursue work. The safeguards against discrimination in subsection
Section 6 of the Canadian Charter of Rights and Freedoms
Section_6_of_the_Canadian_Charter_of_Rights_and_Freedoms
Part of the constitution of British Columbia, Canada
constitution of British Columbia. Enacted in 1871, the Act outlines the powers and rules governing the executive and legislative branches of the provincial government
Constitution Act (British Columbia)
Constitution_Act_(British_Columbia)
Constitutional right to receive government services in English or French
Canadians strongly support French services outside Quebec and in almost equal measure support the same rights for English Quebec. Ninety-seven percent
Section 20 of the Canadian Charter of Rights and Freedoms
Section_20_of_the_Canadian_Charter_of_Rights_and_Freedoms
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