1. Government and Statute Law

2. Canada’s Constitution
Canada was a British colony from
1867-British North America Act (BNA Act)—set out the rules for how Canada should be governed. Canada could NOT make it’s own laws independent of Britain
Federal system: two-system level of government, with responsibilities divided between federal and provincial governments

3. Division of Powers
BNA Act identified powers for the two levels of government
Provinces delegated some of their powers to a third level—municipal
Federal: banking, citizenship, criminal law, employment insurance, penitentiaries, taxation etc
Provincial: education, healthcare, property, natural resources
Residual Powers: any powers not assigned to either level of government. These powers automatically fall to the federal government.

4. Doctrine of Ultra Vires
Passing a law within a government’s jurisdiction is known as “intra vires”
Sometimes a government passes a law that really is not within their legislative authority. That law may be declared “ultra vires”—beyond the power of the government

5. Problems with the BNA ACT
Over the years the BNA Act was amended
1931—Statute of Westminster extended law-making powers, but Canada still could not change it’s own constitution
Problems: needed permission from Britain to change laws, confusion regarding division of powers, no mention of civil liberties

6. Trudeau Calls for Change

7. …and Quebec looks to get out of Canada

8. Patriating the Constitution
1981-Pierre Elliot Trudeau was Prime Minster
Provincial premiers met in Saskatchewan
During the night, in the absence of PQ premier Rene Levesque, came to agreement
The Kitchen Accord

9. Constitution Act 1982 Kept provisions of the BNA Act and added:
A principle equalizing services across Canada
Who was in charge of natural resources
An “amending formula”—how the Constitution could be changed
A charter guaranteeing individual rights and freedoms

10. Quebec “Stands Alone”

11. The Constitution is Signed