Canada’s Constitution

Beginning Stages With the Royal Proclamation of 1763, British North America was subject to English law and governed by Great Britain in the interests of Great Britain. With the Royal Proclamation of 1763, British North America was subject to English law and governed by Great Britain in the interests of Great Britain. Those living in the Atlantic provinces (NB, NS, PEI and NFLD) were content to remain colonies of Great Britain. Those living in the Atlantic provinces (NB, NS, PEI and NFLD) were content to remain colonies of Great Britain. However, it was the early stages of us becoming an independent nation. However, it was the early stages of us becoming an independent nation.

Beginning Stages The 1860s brought opportunities for change The 1860s brought opportunities for change The US were engaged in a brutal and blood civil war, and some Canadians feared that once it was over that the States would attempt to take over the rest of North America. The US were engaged in a brutal and blood civil war, and some Canadians feared that once it was over that the States would attempt to take over the rest of North America. In 1864, a group of 36 men met in PEI and Quebec to discuss unification. In 1864, a group of 36 men met in PEI and Quebec to discuss unification.

Beginning Stages New Brunswick, Nova Scotia, Ontario, and Quebec were the first to “unify” thus creating… New Brunswick, Nova Scotia, Ontario, and Quebec were the first to “unify” thus creating… The British North America Act (BNA Act) was passed by the British Parliament in The act established Canada as a country, and John A. MacDonald became the first Prime Minister of the new Dominion. The British North America Act (BNA Act) was passed by the British Parliament in The act established Canada as a country, and John A. MacDonald became the first Prime Minister of the new Dominion.

British North America Act, 1867 Still forms a major part of Canada’s Constitution Still forms a major part of Canada’s Constitution Set out rules on how it should be governed and what kind of country it would be. Set out rules on how it should be governed and what kind of country it would be. Canada did not make its law independently from Great Britain until much later. Canada did not make its law independently from Great Britain until much later.

A Federal System John A MacDonald looked at systems in other countries for inspiration: John A MacDonald looked at systems in other countries for inspiration: US: beautifully written Constitution and Bill of Rights, but felt it gave too little power to the central government, and too much to the states. (Thus causing the Civil War between the North and South) US: beautifully written Constitution and Bill of Rights, but felt it gave too little power to the central government, and too much to the states. (Thus causing the Civil War between the North and South) Great Britain used the unitary system (a one- level system of governing). Power was centralized in one parliament led by a Prime Minister. This didn’t seem practical for a country of our size. Great Britain used the unitary system (a one- level system of governing). Power was centralized in one parliament led by a Prime Minister. This didn’t seem practical for a country of our size.

A Federal System Let’s find a compromise… Let’s find a compromise… Federal System: a two-level system of governing Federal System: a two-level system of governing Responsibilities would be divided between 2 levels of government: the central government, and the provincial government. Responsibilities would be divided between 2 levels of government: the central government, and the provincial government. Each level would have control over its jurisdiction, but the central government could overrule the provincial law if it was in the best interest of all Canadians. Each level would have control over its jurisdiction, but the central government could overrule the provincial law if it was in the best interest of all Canadians.

Division of Power The BNA Act outlined the responsibilities of each level of government. The BNA Act outlined the responsibilities of each level of government. Section 91 outlines the federal government’s power (s.91) Section 91 outlines the federal government’s power (s.91) Section 92 outlines the responsibilities of the provincial government. Section 92 outlines the responsibilities of the provincial government. Section 93 the responsibility for education was given to the provinces in recognition of special language and religious rights Section 93 the responsibility for education was given to the provinces in recognition of special language and religious rights

Federal Responsibilities Banking Bills of exchange Census and statistics Citizenship Criminal Law Currency and coinage Defence Employment insurance Foreign affairs Indian Affairs Marriage and divorce Navigation and shipping Old age pensions Patents and copyrights Penitentiaries Postal Service Public Debt Residual powers Seacoast and inland fisheries Taxation Trade and commerce Provincial Responsibilities Compensation to injured workers Direct taxation within the province Education Labour and trade unions Maintenance of hospitals Municipal institutions Natural resources Property and civil rights in the province Provincial courts and laws Solemnization of marriage

Conflict of Power A residual category gives the federal government law-making powers in legislative areas that were not specifically assigned to either the federal government or to the provinces. A residual category gives the federal government law-making powers in legislative areas that were not specifically assigned to either the federal government or to the provinces. Residual Powers: federal responsibility to make laws in legislative areas not assigned to the provinces. Residual Powers: federal responsibility to make laws in legislative areas not assigned to the provinces.

Conflict of Power Includes authority over such activities as airports and telecommunications. Includes authority over such activities as airports and telecommunications.

Doctrine of Ultra Vires Passing a law within a government’s jurisdiction is known as intra vires. (within power) Passing a law within a government’s jurisdiction is known as intra vires. (within power) Ultra vires beyond the power of government to pass laws. Ultra vires beyond the power of government to pass laws.