1. EVOLUTION OF CANADIAN CONSTITUTIONALISM AND GOVERNMENT

2. ABORIGINAL GOVERNMENT
Very diverse, but generally:
hereditary so based on chiefs who riled benevolently
Based on:
i. Clan: group for related families
ii. Band: several clans joined together – had chief, own regulations, etc…
iii. Tribes: bands formed that hads hared customs, languages and beliefs
iv. Confederacy: tribes joined together (Huron, Blackfoot, etc….); met in councils to discuss major issues
Haida- matrileanal (females had most power)

3. Canada’s Road to Independence Canada’s Ongoing Battle to Achieve Full Independence from Great Britain
Canada’s Early Years
WW I (Vimy Ridge & Treaty of Versailles
King Vs. Byng
The Chanak Crisis
The Halibut Treaty
The Balfour Declaration
The Statute of Westminster
Repatriate the Constitution

4. Canada’s Path to Autonomy
“complete control over its own affairs”…eventually…
Different path than the United States
Peaceful vs. Violent
World War I was a major turning point for Canada.

5. PROCLAMATION OF 1763 Canada’s first constitutional style document
It created the Province of Québec along a fairly narrow stretch of land located along the shores of the St. Lawrence River
Created to integrate New France into the British Empire in North American
Didn’t allow language, religion and asserted British laws (unless swore oath of allegiance to crown)

6. ABORIGINAL - PROCLAMATION OF 1763
called for land negotiations.
Aboriginal people expected to extinguish their rights for reserve settlements
Britain the right to purchase hunting and fishing grounds, but gave Aboriginals the right to hunt and fish on these acquired lands.

7. Quebec Act 1774
Meant to deal with US , but unintended consequences as:
Recognized Fr civil laws
Allowed Catholics to hold political office
Seen as buying loyalty of French vs 13 colonies

8. CONSITITUIONAL ACT of 1791
Meant to deal with Br. Loyalists who came north after US Revolution
Divided Upper Canada and Lower Canada; also created NB for American loyalists
Created oligarchic govt with:
Elected legislative Assembly
Councils who were appointed by the Governor (who was appointed by the British govt)
a. Executive Council
b. Legislative Council
* Could veto any bill presented by the Legislative Assembly

10. REBELLIONS OF 1837 LEADS TO: Durham Report, Act of Union and Rebellions losses Bill
1) Rebellions of 1837: fight for more democratic rights led to Durham Report which said: i. Unite the Canadas ii. Responsible Govt iii. Get rid of French *generally ignored at the time* 2) 1840 Act of Union: United Upper and Lower Canada and known as Canada West and East 3) Rebellions Losses Bill (1849): Governor General Lord Elgin agreed not to veto a bill presented by the Legislative Assembly (led by Robert Baldwin and Louis Lafontaine)

12. BNA ACT 1867
Canada’s first official constitution (BNA Act). -Still used today (NB, Ont, NS and Que)
Defined levels, branches, etc…of gov’t (made a stong federal govt):
Federal Powers - Section 91
Provincial Powers – Section 92
Queen as Head of State
All bills must be passed by Britain:
Queen ii.Parliament
House of Commons: Created Rep by Pop
Senate: Represented regions
24 for Ont, Que and Maritimes
‘sober second thought

13. Municipal Powers (to provinces)
91:Federal Powers
92: Provincial Powers
Municipal Powers (to provinces)
-Defence
-Regulation of trade and commerce
-Citizenship
-Taxation
-Currency and Coins
-Native peoples and Native reserves
-Postal Service
-Patents and Copyright
-Marriage and Divorce
-Navigation and shipping
-Fisheries
-Criminal Law and federal penitentiaries
-Education
-Hospitals and charities
-Licences (e.g., driving and fishing)
-Private property and Civil Law
-Direct taxation (e.g., income tax and sales tax)
-Management of natural resources (e.g., forests and electrical energy
-Local public works (e.g. roads and canals)
-Courts
-Water and sewer service
-Public transit
-Fire and police protection and ambulance service
-Licensing and inspection (e.g., houses)
-Street lights, sidewalks, and local roads
-Public health services
-local roads
-garbage collection
-matters of purely local concern = i.e. by-laws
When in doubt power passes to????

14. During WWI Major contribution as a country
Key role in allied victories (Vimy Ridge)
Arthur Currie seen mas major military leader
Short:
Long:
Canada had gained the right to sign the Treaty of Versailles as an independent nation.
Canada joined the League of Nations separate from Britain. (after WWI)
Canada was still a dominion of the British Empire though and Britain had the final say in foreign affairs.
Passchendaele:

15. 1921-The Chanak Crisis
In 1922, Great Britain asked Canada to get involved in a military dispute between Turkey and Greece over a disputed territory known as “Chanak”.
Mackenzie King said that he would have to take the matter to the House of Commons (which was on summer recess).
The first time that Canada had rejected Britain’s request to get involved in a military conflict

17. The Chanak Crisis Significance
The significance:
This was the first time that Canada refused unconditional support for imperial war policies.

18. Canada’s Pacific Coast
1923-The Halibut Treaty
Canada signed the Halibut Treaty with the United States to protect the Pacific fisheries.
First time that Canada had signed an international treaty on its own without British involvement
Canada had always needed Britain to ratify any international agreements
When Britain found out about the Treaty, they asked to sign it along with Canada, but Mackenzie King refused.
Halibut Caught off of
Canada’s Pacific Coast

19. 1926-King Vs. Byng
MacKenzie King: Prime Minister of Canada and leader of the Liberal Party.
He had an alliance with the Progressive Party (Minority Government).
Would like to have another election so he can have the chance to gain a majority government
MacKenzie King

20. Arthur Meighen Arthur Meighen
Took over leadership of the Conservative Party after Robert Borden and served briefly as Prime Minister of Canada before King beat him in a federal election in 1921.
Both King and Meighen disliked each other
“The most contemptible charlatan ever to darken the annals of Canadian Politics” (Meighen’s Description of King)
“Sarcastic, vitriolic and the meanest type of politician” (King’s description of Meighen)
Arthur Meighen

21. The Setting of the Conflict
After the 1921 election, King served as Prime Minister of Canada for the next four years with a minority government with the support of the Progressives party.
However, in the next election, the Conservatives under Meighen won more seats than the Liberals.
King managed to cling to power with a coalition government until 1926 when a scandal regarding bootleg liquor and kickbacks in the liquor commission threatened to topple the government.
Rather than risk a massive revolt, King decided to call an election.

22. The King-Byng Affair, 1925 Party 1917 1921 1925 1926 Total 235 245
Arthur Meighen
Party
1917
1921
1925
1926
Unionist
Conservative
153 (65%)
50 (22%)
116 (47%)
Liberal
82 (35%)
117 (49%)
101 (41%)
Progressive
64 (27%)
24 (10%)
Labour 3 2
Independent 1
Total
235
245
Mackenzie King

23. Enter Julien Byng Lord Julien Byng
Former British commander at Vimy Ridge (1917).
The Governor General of Canada (appointed)
Governor General is expected to follow the instructions of the Prime Minister
When asked by Prime Minister King to consent to a new election, Lord Byng said “no!” (had just had election)
Lord Julien Byng

24. The 1920s: King Byng affair A few months later…
Um… so… uh… one of my appointees was found to be taking bribes.
That is SUPER SKETCHY dude.
Resign!
Baron Byng
Mackenzie King
Arthur Meighen 24

25. The 1920s: King Byng affair
Um… so things are getting rough here in Parliament! Time for an election!
You’re not getting out of it that easy! I want to topple your government and embarrass you!
Sorry bud. No election!
Baron Byng
Mackenzie King
Arthur Meighen 25

26. Lord Byng’s Decision
Byng said “no” because he felt that Canada had already had an election 8 months earlier and did not need another one.
King job of the Governor General to “rubber stamp” the decisions of the government.
Byng declared Arthur Meighen the Prime Minister instead since his Conservative party had won more seats than King’s Liberals.
Meighen’s unstable minority coalition with the Progressives only lasted 3 days! (defeated in a vote of non-confidence by the Liberals and Progressives)
In the election that soon followed, the scandal was soon forgotten and King was a new majority government

27. The 1920s: King Byng affair Your turn! Sweet I’m PM!
Arthur Meighen
Your turn!
Sweet I’m PM!
Baron Byng
Mackenzie King
This is an outrage! 27

28. The 1920s: King Byng affair I demand you call an election! Fine!
Arthur Meighen
Fine!
Baron Byng
Mackenzie King 28

29. The 1920s: King Byng affair
Byng declared Arthur Meighen the Prime Minister
his Conservative party had won more seats than King’s Liberals.
Meighen’s unstable minority coalition with the Progressives only lasted 3 days!
(defeated in a vote of non-confidence by the Liberals and Progressives)
In the election that soon followed, the scandal was soon forgotten and King was a new majority government

31. The 1920s: King Byng affair I won. Haha. How?! Mackenzie King
Baron Byng
Arthur Meighen 31

32. The impact of the King Byng Crisis
Arthur Meighen was humiliated at the polls with a massive defeat
The decision of the Governor General (a representative of the British Monarchy) to reject the will of a Canadian prime minister was a serious challenge to Canada’s sense of Independence
After defeat of the Meighen government, Byng was humiliated.
Inpendence of the Canadian Parliamentary system had been maintained
(never again would a GG challenge a PM)
To view the correspondance between the two men,
click this Link:The King

33. 1926- The Balfour Declaration
Canada and other nations were officially recognized as:
“autonomous Communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations."
Lord Balfour

34. Canada could deal directly with Britain and not through the Gov. Gen.
Agreements were made and became known as the Balfour Report.
Dominions were declared “self-governing”
They were independent nations
They would no longer be called dominions of the B.E.
They agreed to remain part of the “Commonwealth of Nations”.
The Gov. Gen. would only be a representative of Britain and not an active agent.
Canada could deal directly with Britain and not through the Gov. Gen.

35. The Balfour Report’s Significance
The significance:
At the conference it was distinctly made known that Canada was in no way subordinate to GB.
Would be series of conferences between until….

36. 1927/28-Foreign Embassies
In 1927, Canada opened its own embassy in the United States.
Vincent Massey became Canada’s first foreign diplomat in 1926.
In 1928, Canada opened embassies in France and Belgium.

37. 1931-The Statute of Westminster
December 11, 1931, King George 5th signed the Statue of Westminster: A trade and Military alliance of independent countries under the British Crown.
1931 did mark Canada’s official independence from Britian.
However, Canada still needed Britian’s Privy Council as Canada’s final court of Appeal (not the Supreme Court of Canada like today)
In addition, any changes to Canada’s Constitution would still need to be passed by Britain’s parliament
In saying this, this Statute is very symbolic of Canada’s independence as a nation
Signing the Statute of
Westminster in 1931

38. The Statute of Westminster’s Significance
The significance:
This statute gave formal recognition that Canada could control its own foreign affairs.

39. Wider Implication of the Treaty of Westminster
British Empire became the British Commonwealth of Nations.
Applied to Dominions of Canada, Newfoundland and New Zealand.
Commonwealth of Australia.
Union of South Africa.
The Irish Free State (Republic of Ireland in 1949).

40. Canadian Independence: Conclusions up to WW 2
We would enter WW 2 a week after the UK
The Interwar Years was an unprecedented time for Canadian Independence.
We truly saw ourselves as Canadians and acted as such in various international affairs.
We would continue on this path in the years ahead (internationally as a middle power and consititutionally such as Vincent massy being name d GG in 1952).

41. But . . .
Canada’s constitution (the BNA of 1867) remained (until 1982) in Britain because there was no agreement on an amending formula.
Canada’s Court of Appeal too remained there too until 1949.

42. Constitution Act, 1982
Trudeau wanted Canada’s constitution to belong to Canada = promised the Constitution Act of 1982.

43. Patriating the Constitution
PM Trudeau keeps his promise, begins negotiating an updated Constitution
Canada still governed by BNA Act (1867)
Could not be changed without permission from British Parliament
Trudeau wants to “patriate” the Constitution (bring it home to Canada), be able to make changes without British permission

44. Constitutional Negotiations

45. Creating a new Constitution…
Amending formula and rules of the Charter of Rights and Freedoms must first be agreed upon
Provinces want more say over changing of Constitution, possible veto-power
Provinces want to be able to opt-out of Charter
Worried that courts would become more powerful than provincial governments

46. Patriating the Constitution
4 Nov. 1981: final desperate attempt to come to agreement at hotel in Ottawa
Federal Minister of Justice Jean Chrétien and a couple provincial politicians hammer out a final agreement between federal gov. and provinces
Called “Kitchen Compromise” or “Kitchen Accord” because written in hotel kitchen in middle of the night
Provincial premiers woken up in hotel to sign the deal

47. Kitchen Compromise

48. Night of Long Knives Nov 1981
10 premiers drafted the constitution in 1981, but couldn’t agree
they were all awakened in the middle of the night for revision All premiers except Rene Levesque! (KITCHEN COMPROMISE)
Create 7/50 formula and
Notwithstanding Clause
Trudeau and the 9 premiers reached an agreement = Quebec felt betrayed and did not sign the new constitution of Canada…. “Night of the Long Knives”

49. Charter of Rights and Freedoms
The Constitution also included out Charter of Rights and Freedoms.
Is a bill of rights entrenched in the Constitution of Canada = it forms the first part of the Constitution Act, 1982.
The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government.

50. AMENDING FORMULA AND NOTWITHSTANDING CLAUSE
The new constitution included:
1. NOTWITHSTANDING CLAUSE:
Allowed the federal government & provinces to opt out of some of the clauses in the Charter FOR 5 YEARS
2. 7/50 Clause/Amending Formula: able to make changes to the constitution if get 7 colonies and 50% of polulation

51. Patriating the Constitution
PM Trudeau goes ahead with new Constitution without Québec’s agreement
17 April 1982: Constitution Act signed by Queen Elizabeth II and PM Trudeau in Ottawa
Canada now completely independent, last step in gaining autonomy from Great Britain
Many in Québec feel betrayed by federal government and other provinces

52. Patriating the Constitution

53. Further Constitution Debate
1984: Brian Mulroney promises to “fix” Constitution so Québec would sign it
1987:Meech Lake Accord
Québec to be recognized as a “distinct society”
Change to amending formula to allow provincial vetoes
More provincial control over immigration, more input in appointment of senators and Supreme Court judges

54. Further Constitutional Debate
Meech Lake Accord requires all provinces to agree to it within three years before it becomes law:
1990: deadline to agree to the Accord passes without Manitoba and Newfoundland agreeing

55. Meech Lake & Elijah Harper
Manitoba, led by Elijah Harper (Cree NDP member of the Manitoba legislature), ultimately refused to sign the Meech Lake Accord and it disintegrated in June 1990.
Many Quebeckers were dismayed and saw this as a rejection of Quebec itself, as a humiliation = support for separation grew to 64%.
MP Lucien Bouchard leaves Conservative Party and forms the Bloc Québécois (BQ), a federal separatist party

56. Meech Lake Accord

57. Charlottetown Accord PM Mulroney tries again to amend the Constitution
Seeks out input from Canadians on Constitutional changes in meetings across the country
With recommendations from citizens and premiers, comes up with the Québec to be recognized as a “distinct society”
Senate to be elected
Supported Aboriginal self-government
“Canada Clause” – proposed official Canadian values

58. Charlottetown Accord

59. Further Constitutional Debate
Charlottetown Accord to be decided upon in a national referendum in October 1992
54.5% of Canadian vote against it
BC: 68.3% vote against it
Felt would give Québec too much power (min. 25% of MPs)
Québec: 56.7% vote against it
Not happy with many Senate seats going to Western provinces
Aboriginal self-government would limit power in N. Québec

60. Charlottetown Accord THE DAY AFTER:

61. Resurgence of Separatism
Québec frustrated with Constitution developments
Rise in support for separatism
1993: separatist Bloc Québécois (BQ) win second most seats in federal election, becomes official opposition
Leader Lucien Bouchard
1994: separatist Parti Québécois (PQ) elected provincially
promises referendum on full sovereignty 1995: referendum called for October

62. Parizeau and Bouchard

63. Resurgence of Separatism
Large rallies and ad campaigns held for both sides
Debate over wording of referendum question:
Do you agree that Québec should become sovereign after having made a formal offer to Canada for a new economic and political partnership within the scope of the bill respecting the future of Québec and of the agreement signed on June 12, 1995?

64. 1995 Referendum

65. Resurgence of Separatism
Aftermath
Extremely narrow margin devastating for “oui” side, shocking for “non” side
Support in Québec for separatism has decreased
Québec Liberal Party in power since 2003
BQ still popular in Québec, but not focused on separatism

66. Quebec Referendum, 1995
Parizeau resigned and was replaced by Bouchard = would call another referendum under “winning conditions” = these never materialized.
There was no permanent settlement was clear = the question remained: could Quebec legally separate from Canada on a unilateral basis, or did separation require the consent of all provinces?

67. Calgary Declaration, 1997 + the Supreme Court diction, 1998
In 1997, as a gesture of good will, the Canadian government declared Quebec to be a “unique society” as part of the Calgary Declaration = Lucien Bouchard did not attend this meeting.

68. Calgary Declaration, 1997 + the Supreme Court diction, 1998
In 1998, the Supreme Court of Canada ruled that Quebec did not have the right to unilaterally separate from Canada.
To achieve independence Quebec would have to negotiate with the federal government, the 9 other provinces, Aboriginal Peoples living in Quebec, and any other minorities living there.

69. Calgary Declaration, 1997 + the Supreme Court diction, 1998
There also had to be a “clear majority” that voted “yes” to a “clear question” in a referendum.
Both sides supported the decision.

70. Supreme Court Ruling and Clarity Act
The Supreme Court ruled that in order to separate Quebec would have to have a clear majority
making it almost impossible for Quebec to separate.
Jean Chretien passed the Clarity Act (in parliament) in which government would decide what a clear majority would be.

71. Clarity Act, 1999
PM Chrétien and Liberals passed the Clarity Act (also called the Clarity Bill) in 1999.
Clarity Act stated that in any future referenda Quebec must ask a clear questions and a substantial “yes” majority ( a clear majority) before Quebec’s could exit from Confederation could be negotiated.
Would require a very clear question in any future referendum on separatism
Separatism would require a “clear majority”, not just 50% + 1
What is a “clear majority”?

72. Clarity Act, 1999
Continued to be arguments for and against Quebec separation
discussions to the potential impact of separation for Quebec and for Canada.
Support for separatism appeared to be declining
Quebec governments appeared to be working with Canada and the peoples of Quebec became more concerned with economic issues than sovereignty.