Chapter 4 - Part I Constitutional Act -1791

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Chapter 4 - Part I Constitutional Act -1791
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Chapter 4 - Part I Constitutional Act -1791

I. Introduction: Liberal ideas began circulating in the colony of Quebec in the 17th & 18th century Loyalists arrived in the colony and demanded British institutions and a legislative assembly Goal: To satisfy loyalist demands and maintain the allegiance of the Canadiens Liberalism An ideology that promotes freedom, equality, freedom of expression, political freedom, freedom of religion

Territorial Change: The territory of the province was split into two: Upper Canada & Lower Canada French English

Lower Canada Upper Canada Approximately 160 000 people French, Catholic majority French civil & British criminal code Township System & Seigneurial System Legislative Assembly (primarily French) Upper Canada Approximately 15 000 people English, Protestant majority British civil & criminal code Township System Legislative Assembly (primarily English)

Political Changes – Parliamentary System: Britain reorganized the political system of the colony Modeled after the mother country’s constitutional monarchy, it was the foundation of the parliamentary system in the colony Constitutional Monarchy King/Queen’s powers are limited by a constitution Parliamentarism A political system - elected or appointed representatives form a parliament to discuss or vote on laws

The organization of Lower Canada and Upper Canada British Government Sovereign and Cabinet Ministers Legend Appointed Elected GREAT BRITAIN Secretary of State for the Colonies Governor General Executive Council Legislative Council Executive Council Legislative Council LOWER CANADA UPPER CANADA Legislative Assembly Legislative Assembly Electorate Electorate

Roles in the Government: Governor Appointed by the British government Veto power over any bill (power to reject a law) Can dissolve the legislative assembly Executive Council Appointed by the Governor Advised the Governor Adopted provisions to implement laws

Legislative Council: Appointed by the Governor veto power - approved or rejected laws proposed by the assembly Legislative Assembly: Elected by the people Right to vote was reserved for British subjects aged 21 or over who owned property Introduced and approved laws

Shortcomings of the Representative Government: Governor’s authority - the appointed Governor & legislative council could veto any laws created the assembly had no power Only certain people were allowed to vote All members of the government with power (governor & councils) were appointed.

Governor’s Authority The influence of the legislative assembly was limited, since all bills had to be passed through the legislative council and governor for approval Governor Veto power over any bill (power to reject a law) Approved bills receive royal assent and pass into laws Can dissolve the legislative assembly Executive Council Adopts provisions required for a law to be implemented Legislative Council Approves or amends a bill Rejected/Amended bills are returned to the Legislative Assembly Legislative Assembly Elected by the people Introduced and approved laws

III. First Parliamentary Struggles There were several heated issues in the assembly: Choosing the language of the speaker Langue used in the assembly Prison financing – what should be taxed property or imported goods The conflictled to the creation of two political parties: Parti Canadien & the British Party