Canada’s Constitution

Background  Constitution: Document that outlines the principle rules that make up the political structure of the country  Rule of Law, supremacy of the central government, responsible government  The above are all “unwritten” rules, but are still followed  Outlines the relationship between government and the people

Responsible Government  Executive branch of government is answerable to and must act on the decisions of the legislative branch.

Outlines structure of government  Canada is a Constitutional Monarchy  Provides a parliament of which the H of C is most important part  Establishes two levels of government, federal and provincial  Establishes three branches of government, legislative, executive, judicial

What is it based on?  Rule of Law = guarantees all Canadians both justice and equality before the law  No one is above the laws of the land  Government’s power is limited by the laws of the land

History of Constitution  Royal Proclamation of 1763  Quebec Act of 1774  Constitutional Act of 1791  Act of Union 1840  British North America Act 1867  Constitution Act 1982

Royal Proclamation 1763  Confirmed British control of Great Lakes area and St Lawrence.  Declared that English Laws and institutions as well as English language would prevail in politics of Quebec  French language and Catholicism tolerated

Quebec Act of 1774  Emphasize that English criminal law would be emphasized in colony  Restored the use of Civil Code which is still in use in Quebec  French speakers could hold positions in public office

Constitutional Act 1791  Divided Quebec into two parts, Upper and Lower Canada  Lower Canada = English Criminal Law and French Civil code  Upper Canada = English Criminal Law and English Common Law

Constitutional Act 1791 …cont’d…  All colonies of North America granted representative government  Only male property owners could vote  Frustration grew over the lack of power the elected officials had  One of major causes of rebellions of 1837 and 1838

Act of Union 1840  Was recommended that two Canada’s be reunited  Under reunification both would be represented equally in the Senate and elected assembly  French was widely used in proceedings  Late 1840’s responsible government came into being

British North America Act 1867  By 1860’s colonies becoming dissatisfied with political structure  In 1867, confederation occurred between the Canada’s, New Brunswick, and Nova Scotia.  Known as the BNA Act of 1867 – written by 1 st PM: John A. Macdonald  Divided Canada into Ontario and Quebec  Four provinces in confederation:  Ont., Que., NB, NS

BNA Act continued…. Made up of 147 sections divided into eight categories: 1.) Terms of Union 2.) Executive Power 3.) Legislative Power 4.) Judicial Power 5.) Revenue and Taxation 6.) Provincial Institutions 7.) Distribution of Legislative Power 8.) Admission of other colonies into Confederation

The “Unwritten” Constitution Customs born from the British tradition, but are not actually written in Canada’s Constitution Customs born from the British tradition, but are not actually written in Canada’s Constitution Some examples are: Some examples are: 1. Rule of Law 2. Supremacy of the central government 3. Responsible government

The Written Constitution Includes: Includes: Amendments(changes) to the 1867 BNA Act Amendments(changes) to the 1867 BNA Act The acts integrating each province into Confederation The acts integrating each province into Confederation The Statute of Westminster of 1931 The Statute of Westminster of 1931 Gave Canada the power to make its own laws independent of Britain Gave Canada the power to make its own laws independent of Britain The Constitution Act of 1982 The Constitution Act of 1982 Includes the Charter of Rights and Freedoms Includes the Charter of Rights and Freedoms

The Constitution Act, 1982 Most limiting quality of the BNA Act: Canada could not change its Constitution without the permission of British Parliament Most limiting quality of the BNA Act: Canada could not change its Constitution without the permission of British Parliament April 17, 1982 PM Pierre Trudeau patriated (brought it under Canada`s control) April 17, 1982 PM Pierre Trudeau patriated (brought it under Canada`s control) All but one province agreed – Quebec All but one province agreed – Quebec This new `reworked` version of the old Constitution was also known as the Canada Act This new `reworked` version of the old Constitution was also known as the Canada Act

Changes to the BNA 1. Amending (Changing) formula = method by which changes could be made to BNA 7 out of 10 provinces representing at least 50% of the population must agree for changes to be made 7 out of 10 provinces representing at least 50% of the population must agree for changes to be made 2. Notwithstanding Clause = method by which provinces could opt out of clauses for up to 5 years This was important for Quebec as they wanted special status or the opportunity to opt out of laws This was important for Quebec as they wanted special status or the opportunity to opt out of laws

THINK/PAIR/SHARE Do you feel that Quebec should be recognized as a “distinct society”? Explain your answer, taking the rest of the country – the other provinces, Canada’s Aboriginal Peoples, etc. into consideration. Explain your answer, taking the rest of the country – the other provinces, Canada’s Aboriginal Peoples, etc. into consideration. Should British Columbia gain some sort of distinct title? What about the Atlantic Provinces? Should British Columbia gain some sort of distinct title? What about the Atlantic Provinces? Does distinct mean different/unique? Or separate? Does distinct mean different/unique? Or separate?