Government and Statute Law

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Presentation transcript:

Government and Statute Law

Canada’s Constitution Canada was a British colony from 1763-1867 1867-British North America Act (BNA Act)—set out the rules for how Canada should be governed. Canada could NOT make it’s own laws independent of Britain Federal system: two-system level of government, with responsibilities divided between federal and provincial governments

Division of Powers BNA Act identified powers for the two levels of government Provinces delegated some of their powers to a third level—municipal Federal: banking, citizenship, criminal law, employment insurance, penitentiaries, taxation etc Provincial: education, healthcare, property, natural resources Residual Powers: any powers not assigned to either level of government. These powers automatically fall to the federal government.

Doctrine of Ultra Vires Passing a law within a government’s jurisdiction is known as “intra vires” Sometimes a government passes a law that really is not within their legislative authority. That law may be declared “ultra vires”—beyond the power of the government

Problems with the BNA ACT Over the years the BNA Act was amended 1931—Statute of Westminster extended law-making powers, but Canada still could not change it’s own constitution Problems: needed permission from Britain to change laws, confusion regarding division of powers, no mention of civil liberties

Trudeau Calls for Change http://www.cbc.ca/archives/categories/politics/prime-ministers/pierre-elliott-trudeau-philosopher-and-prime-minister/bringing-home-the-constitution.htm

…and Quebec looks to get out of Canada http://archives.cbc.ca/IDC-1-73-1092-6040/politics_economy/Patriation/clip4

Patriating the Constitution 1981-Pierre Elliot Trudeau was Prime Minster Provincial premiers met in Saskatchewan During the night, in the absence of PQ premier Rene Levesque, came to agreement The Kitchen Accord http://archives.cbc.ca/IDC-1-73-1092-6044/politics_economy/Patriation/clip8

Constitution Act 1982 Kept provisions of the BNA Act and added: A principle equalizing services across Canada Who was in charge of natural resources An “amending formula”—how the Constitution could be changed A charter guaranteeing individual rights and freedoms

Quebec “Stands Alone” http://archives.cbc.ca/IDC-1-73-1092-6045/politics_economy/Patriation/

The Constitution is Signed http://archives.cbc.ca/IDC-1-73-1092-6046/politics_economy/Patriation/clip10

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