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Canada’s Constitutional History

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1 Canada’s Constitutional History
Constitutional Document Significance Royal Proclamation, 1763 Established common law of England in all British territories in North America The Crown owned all non privately held land Outlined certain rights for aboriginal peoples- described the relationship between aboriginal peoples and the crown as a nation to nation Prevented anyone from negotiating land deals with Aboriginal peoples without the authority of the Crown Granted aboriginal peoples title to use and occupy the land Proclamation is still referenced to uphold the rights of Aboriginal peoples.

2 Canada’s Constitutional History
Constitutional Document Significance Quebec Act, 1774 Outlined the right of Quebec to have and administer the French system of civil law The right has led to the current composition of the Supreme Court, of which three of the nine justices are from Quebec because of their expertise and experience in the Civil Code of Quebec

3 Canada’s Constitutional History
Constitutional Document Significance Constitutional Act, 1774 Divided British North America into Upper and Lower Canada Established a government structure comprised of a Lieutenant-Governor, executive and Legislative assembly Executive was responsible to the Lieutenant-Governor and not the elected Legislative assembly

4 Canada’s Constitutional History
Constitutional Document Significance Act Of Union, 1840 Unified Upper and Lower Canada Established responsible government with the executive now responsible to the elected Legislative Assembly Lieutenant-Governor was now required to implement the will of the Legislative Assembly Established a British parliamentary style of democracy

5 Canada’s Constitutional History
Constitutional Document Significance Constitution Act, 1867 Unified British colonies in North America into a nation called Canada Established that Canada’s system of government would be modelled on the British parliamentary system Established a federal system of government and outlined the division of powers between the federal and provincial governments

6 Canada’s Constitutional History
Constitutional Document Significance Statue of Westminster, 1931 Ended Canada’s colonial status Canadian government could now change laws previously passed as acts of British parliament that applied to Canada Canada could still not amend the BNA Act, because federal and provincial governments could not agree on amending formula

7 Canada’s Constitutional History
Constitutional Document Significance Constitution Act, 1982 Patriated the Constitution from Britain Incorporated the Charter of Rights and Freedoms, entrenching the rights of Canadians Included an amending formula so Canadian government could amend Constitution Committed the federal government to equalization payments to provincial and territorial governments to ensure all Canadians have the same level of services


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