In law there are two very hot philosophical topics that interest human beings; freedom and

rights. The topics of freedom and rights interest human beings because they pertain to the allowances of

human beings. However, what are, “rights”? What is, “Freedom”? Are these concepts inherent to us?

Were they given to us by a supreme being? Are they an establishment of society to preserve the social

structure? Through this essay, the following list of events in Canadian history; The British North

America Act, the Statute of Westminster, the Quebec Referendum of 1980, the Constitution Act of

1982, The Charlotte town Accord, the Quebec Referendum of 1995, and Canada's Unwritten

Constitution will be explored to provide an overall context and overview of the evolution of Canada's

Constitution Act. Additional speculation will contrast; the direction of the evolutionary process of the

Canadian Constitution from a critical analysis perspective based on fact, to the values that are preached

as ideals in Canada in the Constitution.

Before you can understand something, you first have to understand where it has come

from and why that something's roots led to where it did opposed to another path and/or endgame. The

Canadian Constitution's status is where it is primarily because of four main events; The British North

America Act of 1867, The Constitution Act of 1982, Supreme Court decisions and Canada's Unwritten

Constitution. Canada's unwritten constitution? What does that mean? An example of Canada's

unwritten constitution would be what “Cabinet Solidarity.” This concept is when if a cabinet minister

must resign if he/she does not agree with a decision reached by the cabinet. This is not a law, but is still

followed by the Canadian Government.[1] A large quantity of people who either aren't involved in or just

flat out don't understand politics, vote with a certain mentality and either can't or won't read between

the lines in a politicians words. This is a huge problem because as humans know from history, a man

named Adolf Hitler, told people countless amounts of appealing promises which were in fact delivered.

However, he was not so informative amount of the means of progress. This mixed with the fact that

humans are drawn to a good leader who knows what to say can lead to a whole new World War II,

except, the understanding of the human behavior has advanced since then so it has become significantly

easier to conceal a hidden agenda behind a warm smile and a well thought out speech.

In the year 1867, legislation written by the fathers of Canadian Confederation was passed in

Great Britain. This act was to be known formally as The British North America Act, which held the

opening clause; “WHEREAS the provinces of Canada (Ontario & Quebec), Nova Scotia and New

Brunswick have expressed their desire to be federally united into One Dominion under the crown of the

United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the

United Kingdom”.[2] Canada then proceeded to establish a political structure that had a fair amount of

leeway, as they were able to operate differently because the clause, “A constitution that is similar in

principle to that of the United Kingdom”.[3] Canada's unwritten constitution is strongly employed here;

“The constitution made no mention of a prime minister”.[4] This decision on behalf of the new, inexperienced government of newly-established Canada is very rash. However, the British still reserved

the ability to decide what legislation would be passed. This matter didn't matter much though to

Canadian government as they controlled all the affairs in regarding taxation, national defense, and

economic development. Also, there was a large division of power between the federal and provincial

government where the provincial