CONSTITUTION OF THE REPUBLIC OF NEWFOUNDLAND

(Adopted by the People, 1 July 1972; Consolidated to 1 November 2025)

Historical Notes (not part of the Constitution):
• 1972: Foundational Constitution adopted by referendum.
• 1984 Amendment (A84): Local government strengthening and institutional clarification.
• 1992 Amendment (A92): Fiscal responsibility and central bank independence.
• 2001 Amendment (A01): Natural resources and Sovereign Fund framework.
• 2012 Digital Charter Amendment (A12): Privacy, data protection, freedom of information (FoI).
• 2019 Environmental Stewardship Amendment (A19): Environmental rights and duties.
• 2024 Data Protection & AI Amendment (A24): Comprehensive data security, algorithmic accountability, and digital due process.

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PREAMBLE (1972)

WHEREAS the People of Newfoundland, from ancient right, possess the freedom of self-government and the duty of stewardship over their land and seas;
HAVING maintained their identity through adversity and faith;
GUIDED by the faith and values of our Christian heritage, and with respect for all who seek truth and virtue, the People reaffirm their liberty under God;
DESIRING to secure for themselves and their posterity the blessings of liberty, order, and good government;
AND WHEREAS liberty is not the gift of government but the possession of the People, who delegate authority only so far as is consistent with its preservation;
NOW THEREFORE this Constitution is established and ordained for the Republic of Newfoundland — that it may endure among the most free nations of the Earth.

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PART I — THE REALM AND THE PEOPLE (1972)

Article 1 — The Republic
1. Newfoundland is and shall remain a sovereign, democratic, and indivisible Republic.
2. The territory of the Republic comprises the Island of Newfoundland and the territory of Labrador, together with the territorial sea and airspace appertaining thereto.

Article 2 — The Seat and Symbols
1. The Seat of Government is St. John’s.
2. The national flag shall be prescribed by Act of the House of Assembly.
3. The lawful currency is the Newfoundland Dollar (NFD).
4. The English language shall be that of record and government; the French, Mi’kmaw, and Inuttitut languages shall enjoy regional protection and cultural status in their communities. (A84 clarified local language provisions.)

Article 3 — Citizenship
1. Every person born in Newfoundland or of a citizen thereof is a citizen of the Republic.
2. Dual nationality may be recognised by Act of the Assembly.

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PART II — RIGHTS AND FREEDOMS OF THE PEOPLE (1972; A12, A19, A24)

Article 4 — Fundamental Liberties (1972)
1. Every person has the rights of life, liberty, and security of the person.
2. These rights shall not be suspended save in time of actual war or insurrection and only to the extent strictly required for national survival.

Article 4A — Freedom of Speech, Press, and Expression (1972; A12)
1. Every person may communicate opinions and information without prior licence.
2. No law shall abridge the freedom of the press or any medium of expression save where expression constitutes: (a) direct and deliberate incitement to imminent violence; or (b) knowing disclosure of military or intelligence secrets that endanger national security.
3. Academic inquiry, artistic creation, satire, political discourse, and public criticism of government are inviolable.
4. Every person has the right to seek, receive, and impart information held by the State, subject to personal privacy and defence. (FoI strengthened by A12)
5. Any Act limiting these freedoms requires a two-thirds vote of the House of Assembly and judicial review for necessity and proportionality.

Article 4B — Assembly, Movement, Association (1972)
1. Peaceful assembly and association, including unions and political parties, are guaranteed.
2. Citizens may move freely within, and depart from or return to, the Republic.
3. Emergency regulation may limit these rights only during actual invasion or insurrection and only as strictly required.

Article 4C — Conscience and Belief (1972)
1. Freedom of thought, conscience, and religion is absolute.
2. No person shall be compelled to act contrary to conscience in matters of faith or opinion.
3. No religious test shall be required for public office or civil right.

Article 4D — Privacy and Data Protection (A12; expanded by A24)
1. Every person has the right to privacy in home, family life, correspondence, and digital communications.
2. No search or seizure shall occur without lawful warrant on reasonable cause, including for electronic data and devices, save exigent circumstances as prescribed by law.
3. Personal data shall be collected, processed, stored, and transferred only with consent or lawful necessity; the least-intrusive means shall be used; retention shall be limited.
4. An Independent Data Protection Authority (IDPA) shall supervise compliance, issue binding codes, and levy sanctions. (Established by A12; powers expanded by A24.)
5. Individuals have the rights to: informed consent; access and portability; correction and deletion; to object to profiling; and to a human review of significant automated decisions. (A24)
6. Algorithmic transparency & AI due process: significant public- or private-sector decisions using automated systems must be explainable, auditable, and contestable; training datasets and impact assessments shall be documented under IDPA oversight. (A24)

Article 5 — Self-Defence and Lawful Arms (1972)
1. Every citizen possesses the inherent right to defend life, liberty, and property against unlawful force.
2. The lawful keeping and bearing of arms by responsible citizens for defence, sport, and heritage is guaranteed.
3. Citizens may form regulated civil-defence or marksmanship associations.
4. Regulation shall be limited to registration of serious weapons and exclusion of those demonstrably unfit.
5. No law or order shall amount to general disarmament of the citizenry.

Article 5A — Property (1972)
1. Private property is inviolable and shall not be expropriated save for public use with fair, prompt, and adequate compensation.
2. Every person may acquire, enjoy, and dispose of property subject only to lawful regulation for the public good.

Article 5B — Due Process (1972)
1. No person shall be deprived of liberty or property without due process of law.
2. Every accused is presumed innocent until proved guilty in a public trial by an independent court.
3. No person shall be detained beyond forty-eight hours without charge except by court order.
4. No person shall be tried or punished twice for the same offence.
5. No law shall have retrospective criminal effect.

Article 6 — Social and Environmental Rights (1972; A19)
1. The Republic shall secure to all citizens access to education and to medical care; these services shall be universal and publicly guaranteed. (Recognising longstanding practice.)
2. Every person has the right to clean air, safe water, and preservation of Newfoundland’s natural heritage; the State and citizens share a duty of stewardship. (A19)

Article 6A — Right to Petition (1972)
Every citizen may petition the House of Assembly, the President, or any public authority for redress of grievances.

Article 7 — Equality Before the Law (1972)
1. All persons are equal before the law and entitled without discrimination to its protection and benefit.
2. Discrimination on grounds of sex, origin, language, religion, opinion, or disability is prohibited.

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PART III — THE LEGISLATURE (1972; A84)

Article 8 — The House of Assembly
1. Legislative power resides in a unicameral House of Assembly.
2. Members of the House are elected by universal adult suffrage for terms not exceeding four years.
3. The House shall sit in public save where secrecy is strictly required for national security or the protection of vulnerable persons. (Procedural provisions refined by A84.)

Article 8A — Electoral Commission (A84)
1. An independent Electoral Commission shall supervise voter registration, elections, and constituency boundaries.
2. Members are appointed by the President on multiparty recommendation.
3. The Commission acts impartially and reports annually to the House of Assembly.

Article 8B — Local Government (1972; A84)
1. Local councils shall administer municipal and regional affairs within powers conferred by law.
2. Labrador shall enjoy special status guaranteeing cultural autonomy and equitable development funding.

Article 9 — Legislative Authority (1972)
1. The House of Assembly may make laws for the peace, order, and good government of the Republic.
2. Bills become law upon passage by the House and assent by the President.
3. No Bill abridging the freedoms of Articles 4 to 5 shall pass except by the special majorities therein required.

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PART IV — THE EXECUTIVE (1972)

Article 10 — The President
1. The President is Head of State, guardian of the Constitution, and Commander-in-Chief.
2. Elected by the House of Assembly for seven years, the President shall be non-partisan upon assuming office