1. Canada’s Constitution

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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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