The British North America Act

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Presentation transcript:

The British North America Act the Canadian constitution was known as the BNA Act signed in 1867 at the nation’s formation, it detailed how government was supposed to function a constitution set forth the basic rules and powers of government this act could not be altered without permission of the British parliament 1867 Permission requirement for change was a holdover from our colonial days; image: Quebec Conference 1864; the Supreme Court decides if the governments actions are unconstitutional;

An Evolving Constitution While Canada was given a great degree of autonomy (along with the other White Dominions), we definitely were not independent. This was not a problem, as most Canadians were proud British subjects. It was WWI which gave us our own identity. After WWI, Canada’s autonomy grew: we no longer had to join Britain automatically in war (1922) the King-Byng Affair the Balfour Report (1926) & the Statute of Westminster (1931) gave us equality with Britain and created the concept of the Canadian Monarchy (the Monarch and the GG had to follow the advice of the Canadian parliament, not British) we could conduct our own external affairs (1931)  unofficial independence starting with Vincent Massey (1952), the GGs were now Canadian citizens

The need for changes 1982 in time, some saw a need for change, most notably Pierre Trudeau, who “patriated” a new constitution the Prime Minister was also a champion of individual liberties along with this constitution, he sought a “Charter” of rights civil rights would now be constitutional law (not just ordinary statute law) rights and freedoms Canadians considered essential to a free and democratic society would now be free from government infringement importantly, a formal code of rights entrenched in the Constitution would: safeguard the rights of the minorities be difficult to challenge or remove Jap internment & Canadian government was guilty of many past injustices 

The Patriation of the Constitution once the change was made, Canadians no longer needed permission from Britain to make adjustments to our government: an amending formula involving only Canadian provincial parliaments was established the Constitution Act provided Canada with complete control after the “homecoming” the Constitution consisted mainly of the BNA Act 1867 (the original document), the Canada Act of 1982 (Trudeau’s Constitution), and a new Charter of Rights and Freedoms 1982 PET pirouetted behind the Queen of England at G7 meeting in London; the BNA Act is also called the Constitution Act, 1867;

The Charter of Rights and Freedoms the Charter would be the constitutional guarantee of collective and individual rights for the nation’s citizens an earlier Bill of Rights was limited in its effectiveness and provincial human rights codes did not carry weight nationally Trudeau’s Charter, written in plain language, declared that many basic rights are protected and cannot be taken away it was intended to be a source for national values and therefore unity OUR RIGHTS: to vote freely and run for government office freedom of speech freedom of religion freedom of association freedom of movement to fair treatment under the law and a trial for many Canadians, acquiring their rights has been a struggle 1982 With these rights come responsibilities: what we owe the community in return for what we receive; In 1982, the Federal Government modified Canada’s Constitution in order to better reflect the human rights goals and standards set by the 1948 Universal Declaration of Human Rights. The Government enacted a statute known as the Charter;

Aboriginal rights: a long road the original inhabitants of our nation, Aboriginal peoples have faced many hardships, adversities, and injustices regarding their rights First Nations peoples were first granted the right to vote only in 1960 in 1982, Aboriginal rights were finally guaranteed (by the Charter) land claims issues have continued to prove contentious (notably the Oka confrontation) not until 2008 did the federal government finally apologize for the Residential Schools injustice The Injustice 1960 thanks to Diefenbaker’s Cdn Bill of Rights (the Chief was greatly interested in human rights- the bill was the first time our rights were put down on paper); the Inuit got the vote in 1950; Oka 1990; Residential schools - Church-run, government-funded residential schools for native children were supposed to prepare them for life in white society and end the “indian problem”; LINK http://archives.cbc.ca/society/education/topics/692/ OKA LINK: on Youtube “The Oka Crisis CBC” The Apology Oka Crisis

Women’s rights: gender battle Until 1918, Canadian women could not vote in federal elections. Provincially, women obtained the vote after 1916 (Manitoba being the first, Quebec the last – 1940) the first woman elected to the federal House of Commons was Agnes Macphail in 1921 women were not legally considered “persons” until 1929, which meant they could not sit in the Senate. This changed only after the “Famous Five” successfully sued the Canadian government all the way to the British Privy Council. much has been achieved by women over the years in regard to their rights in society, but work remains to be done Nellie McClung was a Famous Five member also, with Irene parlby; only 10% of board directors of publicly traded companies are women (46% have no women); Emily Murphy Agnes Macphail

Equal rights for women: a case study although women run a number of massive global corporations, the number of female bosses remains small some countries have actually passed laws to ensure that women are proportionally and fairly represented in the business world our constitution ensures equal rights for citizens of both sexes (but clearly more can be accomplished) Indra Nooyi Sheryl Sandburg Ursula Burns Sandburg is the no. 2 at Facebook behind Mark Zuckerberg = she is the real business genius; the nations include Spain, Holland, France and Norway; Maureen Sabia is chairman of Canadian Tire Corp. Board of Directors; men are still more than twice as likely to hold a senior executive position (the proportion of women in middle management has only grown 4% since 1987); CEO of Lululemon; Maureen Sabia