Page "Law of Canada" Paragraph 3

Because the Constitution Act, 1867 provides that Canada's constitution is " similar in Principle to that of the United Kingdom ", which is considered to be an unwritten constitution, the Supreme Court has also recognized the existence of constitutional conventions.

In 1981's Reference re a Resolution to amend the Constitution, the Court provided three factors necessary for the existence of a constitutional convention: a practice or agreement developed by political actors, a recognition that they are bound to follow that practice or agreement, and a purpose for that practice or agreement.

It also found that, while these conventions are not law and are therefore unenforceable by the courts, courts may recognize conventions in their ruling.