1.9 canadas constitution website
Post on 16-May-2015
1.272 Views
Preview:
DESCRIPTION
TRANSCRIPT
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
top related