B. The Constitution Act, 1867 Is Entrenched

Author:Patrick J. Monahan - Byron Shaw

Page 54

The Constitution Act, 1867 is included within the definition of the Constitution of Canada set out in section 52 of the Constitution Act, 1982. The inclusion of the Constitution Act, 1867 in this definition has two important consequences, as discussed in Chapter 1. First, any laws that are inconsistent with its provisions, including all amendments since 1867, will be of no force and effect. The Constitution Act, 1867 is part of the "supreme law of Canada." Second, the Act is subject to a special amending procedure: it can only be amended using the amending procedures set out in the Constitution of Canada. The nature of that amending procedure will be considered in more detail in Chapter 6. Generally, since 1982...

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