The Constitutional Development of Canada

Abstract

Goal – The purpose of this article is to provide an overview of Canada’s fundamental law (the Constitution), to examine the Canadian constitutional system and perhaps most importantly, to delve into the history of Canada’s Constitution and the reasons behind its current form. Research methodology – The research methods employed in this article include the analysis of historical and legal sources pertaining to the development of Canada’s constitutional system and its current form, mainly by Canadian authors which helps to understand their perspective of the constitutional development of Canada. Score/results – This article demonstrates how Canada’s constitution has progressively evolved from its 1867 origins – establishing a flexible federal framework under British authority – through milestones like the Statute of Westminster, which affirmed legislative autonomy, and the 1982 patriation and Charter, which entrenched fundamental rights, Indigenous protections, the notwithstanding clause, and an amending formula, culminating in the robust, sovereign constitutional system in place today. Originality/value – This article was prepared independently, using predominantly Canadian sources and provides a comprehensive overview of Canada’s constitutional evolution. It integrates primary documents, judicial decisions, and historical records to trace each turning point in detail. By offering a unified narrative from 1867 to the present, it fills a gap in the literature where these developments have often been treated in isolation. The findings will serve as a valuable reference for scholars, policymakers, and students interested in understanding how Canada’s constitutional framework has been shaped over time.