Canada’s Constitution

Background Defines the political structure of the country Outlines the relationship between government and the people

Outlines structure of government Canada is a constitutional monarchy Provides a parliament of which the House of Commons is most important part Establishes two levels of government: federal and provincial Establishes three branches of responsibility of government, legislative, executive, judicial

What is it based on? Rule of Law = guarantees all Canadians both justice and equality before the law, even the Queen No one is above the laws of the land Government’s 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 1982

Royal Proclamation 1763 Confirmed British control of Great Lakes area and St Lawrence. Declared: English Laws and institutions & English language would prevail in politics of Quebec (this was just after defeat of Fr) French language and Catholicism tolerated

Quebec Act of 1774 Emphasize that English criminal law would be emphasized in colony Restored the use of French 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 vote Frustration grew over the lack of power the elected officials had, governor held power with groups FC and CQ One of major causes of rebellions of 1837 and 1838

Act of Union 1840 Was recommended that two Canadas be reunited Under reunification both would be represented equally in the Senate and elected assembly French was widely used in proceedings Late 1840s responsible government came into being

Responsible Government Executive branch of government (PM & his buddies) is answerable to & must act on the decisions of the legislative branch (H of C) This means: MINISTERS chosen by the PM must listen to ELECTED OFFICIALS

British North America Act 1867 By 1860s colonies becoming dissatisfied with political structure In 1867 confederation of Canadas (Ont Que) NB NS Known as the BNA Act of 1867

BNA Act 1867 continued…. Made up of 147 sections divided into eight categories: 1.) Terms of Union 2.) Executive Power 3.) Legislative Power 4.) Judicial Power 5.) Revenue and Taxation 6.) Provincial Institutions 7.) Distribution of Legislative Power 8.) Admission of other colonies into Confederation

Amendments to BNA Amending formula = method by which changes could be made to BNA Who has right to suggest changes? Struggle between responsibilities of federal government and provinces Traditionally done by Britain making Canada not really sovereign