Canada’s Canada’s ConstitutionConstitution

BackgroundBackground Defines the political structure of Defines the political structure of

the countrythe country

Outlines the relationship Outlines the relationship between government and the between government and the peoplepeople

Outlines structure of Outlines structure of governmentgovernment

Canada is a monarchyCanada is a monarchy 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 equality Canadians both justice and equality before the lawbefore the law

No one is above the laws of the landNo one is above the laws of the land

Governments power is limited by Governments 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 Great Confirmed British control of Great Lakes area and St Lawrence.Lakes area and St 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 politics language would prevail in politics of Quebecof 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 Criminal Lower Canada = English Criminal Law and French Civil codeLaw and French Civil code

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

Constitutional Act Constitutional Act 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

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.

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 between the Canada’s, New Brunswick, and Nova Scotia.Brunswick, and Nova Scotia.

Known as the BNA Act of 1867Known as the BNA Act of 1867 Divided Canada into Ontario and Divided Canada into Ontario and

QuebecQuebec Four provinces in confederationFour provinces in confederation

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

Amendments to Amendments to BNABNA

Amending formula = method by which Amending formula = method by which changes could be made to BNAchanges could be made to BNA

Who has right to suggest changes?Who has right to suggest changes? Struggle between responsibilities of Struggle between responsibilities of

federal government and provinces. federal government and provinces. Traditionally done by Britain making Traditionally done by Britain making

Canada not really sovereign.Canada not really sovereign.

Changes to Changes to ConstitutionConstitution

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

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

Quebec began to consider separationQuebec began to consider separation To persuade Quebec, Prime Minister To persuade Quebec, Prime Minister

Trudeau and his government offered Trudeau and his government offered a new constitutional arrangement a new constitutional arrangement

Trudeau…in his prime - - ->

Change to Change to ConstitutionConstitution

Constitution Act 1982 included:Constitution Act 1982 included:

1)1) Charter of Rights and Freedoms Charter of Rights and Freedoms to protect Quebec’s intereststo protect Quebec’s interests

2)2) Amending formula = 7 of 10 Amending formula = 7 of 10 provinces representing 50% of provinces representing 50% of population of Canadapopulation of Canada