Unwritten Constitutional Principles: Ensuring Consistency and Evolution in Canadian Law

Abstract

With reference to the Supreme Court case City of Toronto v. Ontario (Attorney General) and decisions from Reference re Secession of Quebec and other legal cases, unwritten constitutional principles are defined, and their nature as being foundational to Canadian legal practice is highlighted. This paper discusses the nature of unwritten constitutional principles and their role in Canadian legal practice. The textualization of these principles can be considered redundant as they are observed in both the judiciary and the legislature. This paper also emphasizes arguments for why the origins of these specific legal principles are being referenced. The ultimate issue is that there must be an attempt by relevant actors to maintain consistency of the law and the treatment of Canadians - the judiciary or the legislature, or both, can take this action.