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Canadian Constitutional Documents Consolidated 2Nd Edition

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Canadian Constitutional Documents Consolidated 2Nd Edition ,•> Canadian Constitutional Documents Consolidated 2nd Edition Editors Bernard W. Funston B.A. (Trent), M. Lift. (Cambridge), LL.B. (Alberta) A member of the Bars of Alberta and the Northwest Territories and Eugene Meehan, Q.C. LL.B. (Edinburgh), LL.B. (Ottawa), LL.M. (McGiil), D.C.L. (McGill) Lang Michener, Ottawa A practising member of the Bars of Ontario and Alberta THOIVISOINI * CARSWELL TABLE OF CONTENTS Preface to 2008 Edition iii Introduction xxi PARTI Consolidation of the Constitution Acts, 1867 to 1982 Consolidation of the Constitution Act, 1867* 1 Consolidation of the Constitution Act. 1982** 42 PART II Constitutional Documents Prior to 1867 Charter of the Hudson's Bay Company, 1670 62 Royal Proclamation of October 7, 1763 74 The Quebec Act, 1774 79 The Constitutional Aci, 1791 85 The Union Act, 1840 103 Quebec Resolutions, 1864 123 Colonial Laws Validity Act, 1865 133 London Resolutions, 1866 136 PART III Constitutional Documents After 1867 The British North America Act, 1867 (U.K.) 146 An Act for the temporary government of Rupert's Land and the North-Western Territory when united with Canada (Can.) 180 ManitobaAcl, 1870 (Can.) 182 Rupert's Land and Norlh-Weslern Territory Order (U.K.) (1870) 191 British Columbia Terms ol Union (U.K.) (1871) 212 Constitution Act, 1871 (U.K.) 221 ' See p. x for a detailed table of contents for the Constitution Act. 1X67. " See p. xvi tor a detailed table of contents for the Constitution Act, I9H2. VII TABLE OF CONTENTS Prince Edward Island Terms of Union (U.K.) (1873) 223 Parliament of Canada Act, 1875(U.K.) 230 Adjacent Territories Order (U.K.) (1880) 232 An Act to provide for the extension of the boundaries of the Province ot Manitoba (Can.) (1881) 233 Constitution Act, 1886(U.K.) 235 Canada (Ontario Boundary) Act, 1889(U.K.) 237 Statute Law Revision Act, I893(U.K.) 240 Canadian Speaker (Appointment of Deputy) Act, 1895, Session 2 (U.K.) 243 Alberta Act (Can.) (1905) 244 Saskatchewan Act (Can.) (1905) 260 Constitution Act, 1907 (U.K.) 274 The Manitoba Boundaries Extension Act, 1912 (U.K.) 278 The Ontario Boundaries Extension Act (U.K.) (1912) 283 The Quebec Boundaries Extension Act, 1912 (U.K.) 285 Constitution Act, 1915(U.K.) 288 Statute Law Revision Act, 1927 (U.K.) 29° Manitoba Supplementary Provisions Act (Can.) (1927) 293 Constitution Act, 1930 (U.K.) 3(H Statute of Westminster, 1931 (U.K.) 338 Constitution Act, 1940(U.K.) 342 British North America Act, 1943(U.K.) 343 British North America Act, 1946(U.K.) 344 Letters Patent Constituting the Office of Governor General of Canada (U.K.) (1947) 346 Newfoundland Act (U.K.) (1949) 351 British North America (No. 2) Act, 1949 (U.K.) 373 Statute Law Revision Act, 1950(U.K.) 375 British North America Act, 1951 (U.K.) 379 British North America Act, 1952 (Can.) 38° Constitution Act, I96O(U.K.) 382 Constitution Act, 1964(U.K.) 383 Constitution Act, 1965 (Can.) 384 Constitution Act, 1974(Can.) 385 Constitution Act (No. 1), 1975 (Can.) 389 Constitution Act (No. 2), 1975 (Can.) 390 Miscellaneous Statute Law Amendment Act, 1977 (Can.), ss. 31, 38 39' Canada Act 1982(U.K.) 392 Constitution Amendment Proclamation, 1983 (re Aboriginal matters] (Can.) ... 407 Parliamentof Canada Act (Can.) (1985), ss. 17-19 4" Constitution Act, 1985 (Representation) 4l2 Constitution Amendment, 1987 (Newfoundland Act) 4l4 Constitution Amendment, 1993 (New Brunswick) 4l6 Constitution Amendment, 1993 (Prince Edward Island) 418 viu TABLE OF CONTENTS An Act Respecting Constitutional Amendments (1996) 420 Constitution Amendment, 1997 (Newfoundland Act) 421 Constitution Amendment, 1997 (Quebec) 424 Constitution Amendment, 1998 (Newfoundland Act) 426 Constitution Amendment, 1999 (Nunavut) 428 An Act to give Effect to the Requirement for Clarity as Set Out in the Opinion of the Supreme Court of Canada in the Quebec Secession Reference 430 Constitution Amendment, 2001 (Newfoundland and Labrador) 434 PART IV Constitutions of Territories Northwest Territories Act 436 Nunavut Act 452 Yukon Act 497 PARTV Aboriginal Self-Govern men t 1995 Federal Aboriginal Self-government Policy 560 1994 Yukon First Nations Self-government Act 580 Nunavut Land Claims Agreement Act 598 Nisga'a Final Agreement Act 602 Aboriginal Self-government Agreements 613 PART VI Constitutional Chronology Since 1982 Constitutional Chronology since 1982 617 PART VII Tables Table I: Alphabetical Listing of Documents Referred To 643 Table 2: Constitution of Canada as Defined by the Constitution Act, 1982 .... 650 Table 3: Constitutional Documents Listed by Enacting Authority 652 Table 4: Topical Listing of Constitutional Documents 655 IX.
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