1.9 canadas constitution website

Canada’s Constitution

BackgroundDefines the political structure of the country

Outlines the relationship between government and the people

Outlines structure of government

Canada is a monarchyProvides a parliament of which the H of C is

most important partEstablishes two levels of government, federal

and provincialEstablishes three branches of government,

legislative, executive, judicial

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

justice and equality before the lawNo one is above the laws of the landGovernments power is limited by the laws of

the land

History of Constitution Royal Proclamation of 1763

Quebec Act of 1774

Constitutional Act of 1791

Act of Union 1840

British North America Act 1867

Constitution Act 1867, originally called the British North America Act 1867. It outlined Canada's system of government.

Constitution Act 1982

Royal Proclamation 1763Confirmed British control of Great Lakes

area and St Lawrence.Declared that English Laws and

institutions as well as English language would prevail in politics of Quebec

French language and Catholicism tolerated

Quebec Act of 1774

Emphasize that English criminal law would be emphasized in colony

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

French speakers could hold positions in public office

Constitutional Act 1791

Divided Quebec into two parts, Upper and Lower Canada

Lower Canada = English Criminal Law and French Civil code

Upper Canada = English Criminal Law and English Common Law

Constitutional Act cont’d…

All colonies of North America granted representative government

Only male property owners could voteFrustration grew over the lack of power the

elected officials hadOne of major causes of rebellions of 1837 and

1838

Act of Union 1840Was recommended that two Canada’s be

reunitedUnder reunification both would be

represented equally in the Senate and elected assembly

French was widely used in proceedingsLate 1840’s responsible government

came into being

Responsible Government

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

British North America Act 1867

By 1860’s colonies becoming dissatisfied with political structure

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

Known as the BNA Act of 1867or the Constitution Act of 1867.

Divided Canada into Ontario and Quebec Four provinces in confederation The division of powers between the federal and provincial

governments was initially outlined in the BNA Act. It created the idea of the federal system or federalism.

BNA Act continued….Made up of 147 sections divided into eight categories:

1.) Terms of Union2.) Executive Power3.) Legislative Power4.) Judicial Power5.) Revenue and Taxation6.) Provincial Institutions7.) Distribution of Legislative Power8.) Admission of other colonies into Confederation

Amendments to BNAAmending formula = method by which

changes could be made to BNAWho has right to suggest changes?Struggle between responsibilities of federal

government and provinces. Traditionally done by Britain making Canada

not really sovereign.

Changes to Constitution

Many federal-provincial arguments during the 1960’s and 1970’s

The Quiet Revolution in Quebec marked the beginning of a period of Change for the Canadian constitution.

Quebec began to consider separationTo persuade Quebec, Prime Minister Trudeau

and his government offered a new constitutional arrangement

Change to Constitution

Constitution Act 1982 included:

Charter of Rights and Freedoms to protect Quebec’s interests

Amending formula = 7 of 10 provinces representing 50% of population of Canada