1. Unit 1 - Constitutional History of Canada Mr. Andrez
CLU3M - Law
Unit 1 - Constitutional History of Canada
Mr. Andrez

2. BNA Act - 1867 British North American Act – 1867
Outlined the powers of the Canadian government to make laws and establish the levels of government for making law (federal / provincial)

3. Development of Canadian Constitution
Federal and provincial
governments were
suspicious of each
other
Constitution Act 1982
Canada given an amending formula – ability
to change our own constitution = complete
independence from Britain
Canadian Charter of Rights and Freedoms
Our road to
independence
Supreme Court of Canada – 1949
Established and becomes Canada’s highest court
Statute of Westminster – 1931
British Statute – Giving Canada control over its foreign affairs
BNA Act
(British North American Act) – British Statute
Dominion of Canada formed
British Privy Council – Canada’s highest court
Little control of our affairs (foreign)
Defined areas of federal
and provincial jurisdiction
(federal more powerful) – only 2

4. Bringing Home the Constitution - 1982
Canada could not change the BNA Act, 1867 since it lacked an amending formula – (being a British Statute)
The BNA Act, 1867 was renamed the Constitution Act, That in addition to the amending formula and the Canadian Charter of Rights and Freedoms makes up the Constitution Act, 1982.
Pierre Trudeau re-patriated (brought home) the Constitution without support of all provinces
all except Quebec agreed in 1982

5. The Constitution
A written document that sets down all the important rules for how a country operates

6. The Canadian Charter of Rights and Freedoms
Guarantees rights to all Canadians (since 1982)
Citizens can make a case that their rights are being denied
Rights vs. privileges
Driving is a privilege, earned, and can be revoked

7. Amending Formula Today
Amendment
Who must agree
Changing the roles of the Queen, GG, L-G
Changing the use of English or French
nationally
Changing the Supreme Court
Changing the amending formula
The federal government and all ten provinces
Changing the borders between provinces
Changing the use, provincially, of English or French
The federal government and the affected provinces
Changing the Senate or the H of C
The federal government
All other changes
The federal government and seven of the ten provinces representing at least 50% of the population

8. Federal Powers Constitution Act – 1867 (Section 91)
Peace, Order and Good Government (POGG)
Gave federal government power to enact laws that were needed to maintain POGG
2 main powers:
any genuinely new power not set out in the BNA act
veto provincial powers in national emergency
Criminal Law
Unemployment insurance
Banking, currency, and coinage
Federal penitentiaries
Marriage and divorce
Postal services
Aboriginal peoples and their land

9. Provincial Powers (Section 92) – Constitution Act - 1867
Property and civil rights
Marriage ceremonies
Police forces and provincial courts
Highways and roads
Provincial jails
hospitals

10. Municipalities not outlined in the Constitution Act, 1982
Creations of the province – subject to provincial law/rule
Sewage and garbage disposal
Roads, sidewalks, snow removal
Street lighting, parks
Libraries, public transportation, pools and arenas
Local police and firefighting

11. Government Bills / Statutes – Federal The process through which an idea becomes a law
First Reading
Second Reading
Committee
Report Stage
Third Reading
More discussion and debate in the House of commons
Bill is read
To the House
Of Commons
No discussion
No debate
No Vote
MPs may question and debate new bill
Vote
An Idea
Awareness that
something needs
to change
May begin with
Any MP
Draft up a new
Policy which is
Checked by
Lawyers
This is a bill
Studied clause by clause by a standing committee of MPs from all parties
Public and expert input
Vote and make changes
VOTE
In H of C
Senate
Federal level only
Follows same process (3 readings) - vote
Any changes – sent back to the H of C
Royal Assent
Signed by the GG or Queen – turns bill into an ‘act’ which turns it into law

12. Government Bills - Provincial
Cartoon clip
Similar process to federal process
Occurs in the Provincial Legislative Assembly (Ontario – Queen’s Park)
Involves MPPs (3 readings)
Does not involve the Senate (0 readings)
Must be signed by the Crown (Lieutenant-governor)

13. Government Bills / Bylaws - Municipal
Similar process to that of a federal bill
Occurs at a City Hall
City councilors (Elected City Council)
Signed by the mayor

14. Recap
How did the British North American Act lay down the structure for the Canadian Constitution?
Discuss the importance of the Statute of Westminster.
Why did it take so long for Canada to get control of its own constitution?
Distinguish between the Constitution Act, ,1867, and the Constitution Act, 1982.
Distinguish between sections 91 and 92 of the Constitution Act, 1867 by discussing the constitutional division of power
What is the third level of government in Canada? What types of laws does it pass?
Why is the House of Commons the most powerful part of Parliament?
What are the responsibilities of Cabinet ministers?
Compare the passage of federal legislation with that of provincial legislation. How are they similar? How are they different?
Think of a change you would like to see in the law. Describe the process by which this idea could become a reality. Clearly identify the steps needed to pass a bill into a law.