Canada’s Canada’s ConstitutionConstitution

BackgroundBackground Constitution: Document that Constitution: Document that

outlines the principle rules that outlines the principle rules that make up the political structure of make up the political structure of the countrythe country Rule of Law, supremacy of the central Rule of Law, supremacy of the central

government, responsible government government, responsible government The above are all “unwritten” rules, but The above are all “unwritten” rules, but

are still followedare still followed

Outlines the relationship between Outlines the relationship between government and the peoplegovernment and the people

Responsible Responsible GovernmentGovernment

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

Outlines structure of Outlines structure of governmentgovernment

Canada is a Constitutional Canada is a Constitutional MonarchyMonarchy

Provides a parliament of which the Provides a parliament of which the H of C is most important partH of C is most important part

Establishes two levels of Establishes two levels of government, federal and provincialgovernment, federal and provincial

Establishes three branches of Establishes three branches of government, legislative, executive, government, legislative, executive, judicialjudicial

What is it based on?What is it based on? Rule of Law = guarantees all Rule of Law = guarantees all

Canadians both justice and Canadians both justice and equality before the lawequality before the law

No one is above the laws of the No one is above the laws of the landland

Government’s power is limited by Government’s power is limited by the laws of the landthe laws of the land

History of History of ConstitutionConstitution

Royal Proclamation of 1763Royal Proclamation of 1763

Quebec Act of 1774Quebec Act of 1774

Constitutional Act of 1791Constitutional Act of 1791

Act of Union 1840Act of Union 1840

British North America Act 1867British North America Act 1867

Constitution Act 1982Constitution Act 1982

Royal Proclamation Royal Proclamation 17631763

Confirmed British control of Confirmed British control of Great Lakes area and St Great Lakes area and St Lawrence.Lawrence.

Declared that English Laws and Declared that English Laws and institutions as well as English institutions as well as English language would prevail in language would prevail in politics of Quebecpolitics of Quebec

French language and Catholicism French language and Catholicism toleratedtolerated

Quebec Act of 1774Quebec Act of 1774 Emphasize that English criminal Emphasize that English criminal

law would be emphasized in law would be emphasized in colonycolony

Restored the use of Civil Code Restored the use of Civil Code which is still in use in Quebecwhich is still in use in Quebec

French speakers could hold French speakers could hold positions in public officepositions in public office

Constitutional Act Constitutional Act 17911791

Divided Quebec into two parts, Divided Quebec into two parts, Upper and Lower CanadaUpper and Lower Canada

Lower Canada = English Lower Canada = English Criminal Law and French Criminal Law and French Civil codeCivil code

Upper Canada = English Criminal Law Upper Canada = English Criminal Law and English Common Lawand English Common Law

Constitutional Act 1791 Constitutional Act 1791 …cont’d……cont’d…

All colonies of North America All colonies of North America granted representative granted representative governmentgovernment

Only male property owners could Only male property owners could votevote

Frustration grew over the lack of Frustration grew over the lack of power the elected officials hadpower the elected officials had

One of major causes of rebellions One of major causes of rebellions of 1837 and 1838of 1837 and 1838

Act of Union Act of Union 18401840

Was recommended that two Was recommended that two Canada’s be reunitedCanada’s be reunited

Under reunification both would Under reunification both would be represented equally in the be represented equally in the Senate and elected assemblySenate and elected assembly

French was widely used in French was widely used in proceedingsproceedings

Late 1840’s responsible Late 1840’s responsible government came into beinggovernment came into being

British North America British North America Act 1867Act 1867

By 1860’s colonies becoming By 1860’s colonies becoming dissatisfied with political structuredissatisfied with political structure

In 1867, confederation occurred In 1867, confederation occurred between the Canada’s, New Brunswick, between the Canada’s, New Brunswick, and Nova Scotia.and Nova Scotia.

Known as the BNA Act of 1867 – Known as the BNA Act of 1867 – written by 1written by 1stst PM: John A. Macdonald PM: John A. Macdonald

Divided Canada into Ontario Divided Canada into Ontario and Quebec and Quebec

Four provinces in confederation:Four provinces in confederation: Ont., Que., NB, NSOnt., Que., NB, NS

BNA Act BNA Act continued….continued….

Made up of 147 sections divided into eight Made up of 147 sections divided into eight categories:categories:

1.) Terms of Union1.) Terms of Union2.) Executive Power2.) Executive Power3.) Legislative Power3.) Legislative Power4.) Judicial Power4.) Judicial Power5.) Revenue and Taxation5.) Revenue and Taxation6.) Provincial Institutions6.) Provincial Institutions7.) Distribution of Legislative Power7.) Distribution of Legislative Power8.) Admission of other colonies into 8.) Admission of other colonies into

ConfederationConfederation

The “Unwritten” The “Unwritten” Constitution Constitution

Customs born from the British Customs born from the British tradition, but are not actually tradition, but are not actually written in Canada’s Constitutionwritten in Canada’s Constitution

Some examples are:Some examples are:1.1. Rule of LawRule of Law

2.2. Supremacy of the central governmentSupremacy of the central government

3.3. Responsible governmentResponsible government

The Written Constitution The Written Constitution

Includes:Includes: Amendments(changes) to the 1867 BNA Amendments(changes) to the 1867 BNA

ActAct The acts integrating each province into The acts integrating each province into

ConfederationConfederation The Statute of Westminster of 1931The Statute of Westminster of 1931

Gave Canada the power to make its own laws Gave Canada the power to make its own laws independent of Britainindependent of Britain

The Constitution Act of 1982The Constitution Act of 1982 Includes the Charter of Rights and FreedomsIncludes the Charter of Rights and Freedoms

The Constitution Act, The Constitution Act, 19821982

Most limiting quality of the BNA Act: Most limiting quality of the BNA Act: Canada could not change its Constitution Canada could not change its Constitution without the permission of British Parliamentwithout the permission of British Parliament

April 17, 1982 PM Pierre Trudeau patriated April 17, 1982 PM Pierre Trudeau patriated (brought it under Canada`s control)(brought it under Canada`s control) All but one province agreed – QuebecAll but one province agreed – Quebec

This new `reworked` version of the old This new `reworked` version of the old Constitution was also known as the Constitution was also known as the Canada ActCanada Act

Changes to the Changes to the BNABNA

1.1. Amending (Changing) formula Amending (Changing) formula = = method by which changes could be method by which changes could be made to BNAmade to BNA

7 out of 10 provinces representing at least 7 out of 10 provinces representing at least 50% of the population must agree for changes 50% of the population must agree for changes to be madeto be made

2.2. Notwithstanding ClauseNotwithstanding Clause = method by = method by which provinces could opt out of which provinces could opt out of clauses for up to 5 yearsclauses for up to 5 years

This was important for Quebec as This was important for Quebec as they wanted special status or the they wanted special status or the opportunity to opt out of laws opportunity to opt out of laws

THINK/PAIR/SHARETHINK/PAIR/SHARE  Do you feel that Quebec should be Do you feel that Quebec should be

recognized as a “distinct society”?recognized as a “distinct society”?   Explain your answer, taking the rest of the Explain your answer, taking the rest of the

country – the other provinces, Canada’s country – the other provinces, Canada’s Aboriginal Peoples, etc. into consideration.Aboriginal Peoples, etc. into consideration.

Should British Columbia gain some sort of Should British Columbia gain some sort of distinct title? What about the Atlantic distinct title? What about the Atlantic Provinces?Provinces?

Does distinct mean different/unique? Or Does distinct mean different/unique? Or separate?separate?