Preamble to the Constitution Act, 1867

The Preamble to the Constitution Act, 1867 () is a provision of the Constitution of Canada, setting out some of the general goals and principles of the Act. Although not itself a substantive provision, the courts have used it as a guide to the interpretation of the Constitution of Canada, particularly unwritten constitutional principles which inform the history and meaning of the Constitution.

The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.

Constitution Act, 1867

The Constitution Act, 1867 is part of the Constitution of Canada and thus part of the "supreme law of Canada". It was the product of extensive negotiations between the provinces of British North America at the Charlottetown Conference in 1864, the Quebec Conference in 1864, and the London Conference in 1866. Those conferences were followed by consultations with the British government in 1867. The Act sets out the constitutional framework of Canada, including the structure of the federal government and the powers of the federal government and the provinces. It was enacted by the British Parliament under the name the British North America Act, 1867. In 1982 the Act was brought under full Canadian control through the Patriation of the Constitution, and was re-named the Constitution Act, 1867. Since Patriation the Act can only be amended in Canada, under the amending formula set out in the Constitution Act, 1982.

Text of the Preamble

The Preamble reads:

Legislative history

The origins of the Preamble are in the first three resolutions adopted by the Fathers of Confederation at the Quebec Conference in 1864:

Resolution 1 stated that "The best interests and present and future prosperity of British North America" would be promoted by a federal union under the British Crown, on terms that were just for all the Provinces. Resolution 2 summarised the proposed federation, with a general government "charged with matters of common interest to the whole country", and local governments "charged with the control of local matters in their respective sections", and with provision for the future entry of the other British North American provinces and territory. Resolution 3 affirmed that the Conference desired "to follow the model of the British Constitution, so far as our circumstances will permit."

These three resolutions were continued at the London Conference of 1866, which finalised the agreement for Confederation. They became the basis for the Preamble, which took its current form in the final draft of the bill, dated February 9, 1867.

The Preamble has not been amended since it was enacted in 1867.

Purpose and interpretation

The Preamble has had a significant impact on constitutional jurisprudence concerning the nature of Canadian Confederation and the independence of the Canadian courts.

Although significant cases had been decided on the general nature of Confederation since the 1930s, it was not until 1997 that the Supreme Court of Canada endeavoured to explain and consolidate its jurisprudence that derives from the Preamble. Lamer C.J. summarized it thus: