View
223
Download
1
Category
Tags:
Preview:
Citation preview
BackgroundBackground Constitution: Document that Constitution: Document that
outlines the principle rules that outlines the principle rules that make up the political structure of make up the political structure of the countrythe country Rule of Law, supremacy of the central Rule of Law, supremacy of the central
government, responsible government government, responsible government The above are all “unwritten” rules, but The above are all “unwritten” rules, but
are still followedare still followed
Outlines the relationship between Outlines the relationship between government and the peoplegovernment and the people
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.
Outlines structure of Outlines structure of governmentgovernment
Canada is a Constitutional Canada is a Constitutional MonarchyMonarchy
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 Canadians both justice and equality before the lawequality before the law
No one is above the laws of the No one is above the laws of the landland
Government’s power is limited by Government’s 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 Confirmed British control of Great Lakes area and St Great Lakes area and St Lawrence.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 language would prevail in politics of Quebecpolitics of 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 Lower Canada = English Criminal Law and French Criminal Law and French Civil codeCivil code
Upper Canada = English Criminal Law Upper Canada = English Criminal Law and English Common Lawand English Common Law
Constitutional Act 1791 Constitutional Act 1791 …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
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 Brunswick, between the Canada’s, New Brunswick, and Nova Scotia.and Nova Scotia.
Known as the BNA Act of 1867 – Known as the BNA Act of 1867 – written by 1written by 1stst PM: John A. Macdonald PM: John A. Macdonald
Divided Canada into Ontario Divided Canada into Ontario and Quebec and Quebec
Four provinces in confederation:Four provinces in confederation: Ont., Que., NB, NSOnt., Que., NB, NS
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
The “Unwritten” The “Unwritten” Constitution Constitution
Customs born from the British Customs born from the British tradition, but are not actually tradition, but are not actually written in Canada’s Constitutionwritten in Canada’s Constitution
Some examples are:Some examples are:1.1. Rule of LawRule of Law
2.2. Supremacy of the central governmentSupremacy of the central government
3.3. Responsible governmentResponsible government
The Written Constitution The Written Constitution
Includes:Includes: Amendments(changes) to the 1867 BNA Amendments(changes) to the 1867 BNA
ActAct The acts integrating each province into The acts integrating each province into
ConfederationConfederation The Statute of Westminster of 1931The Statute of Westminster of 1931
Gave Canada the power to make its own laws Gave Canada the power to make its own laws independent of Britainindependent of Britain
The Constitution Act of 1982The Constitution Act of 1982 Includes the Charter of Rights and FreedomsIncludes the Charter of Rights and Freedoms
The Constitution Act, The Constitution Act, 19821982
Most limiting quality of the BNA Act: Most limiting quality of the BNA Act: Canada could not change its Constitution Canada could not change its Constitution without the permission of British Parliamentwithout the permission of British Parliament
April 17, 1982 PM Pierre Trudeau patriated April 17, 1982 PM Pierre Trudeau patriated (brought it under Canada`s control)(brought it under Canada`s control) All but one province agreed – QuebecAll but one province agreed – Quebec
This new `reworked` version of the old This new `reworked` version of the old Constitution was also known as the Constitution was also known as the Canada ActCanada Act
Changes to the Changes to the BNABNA
1.1. Amending (Changing) formula Amending (Changing) formula = = method by which changes could be method by which changes could be made to BNAmade to BNA
7 out of 10 provinces representing at least 7 out of 10 provinces representing at least 50% of the population must agree for changes 50% of the population must agree for changes to be madeto be made
2.2. Notwithstanding ClauseNotwithstanding Clause = method by = method by which provinces could opt out of which provinces could opt out of clauses for up to 5 yearsclauses for up to 5 years
This was important for Quebec as This was important for Quebec as they wanted special status or the they wanted special status or the opportunity to opt out of laws opportunity to opt out of laws
THINK/PAIR/SHARETHINK/PAIR/SHARE Do you feel that Quebec should be Do you feel that Quebec should be
recognized as a “distinct society”?recognized as a “distinct society”? Explain your answer, taking the rest of the Explain your answer, taking the rest of the
country – the other provinces, Canada’s country – the other provinces, Canada’s Aboriginal Peoples, etc. into consideration.Aboriginal Peoples, etc. into consideration.
Should British Columbia gain some sort of Should British Columbia gain some sort of distinct title? What about the Atlantic distinct title? What about the Atlantic Provinces?Provinces?
Does distinct mean different/unique? Or Does distinct mean different/unique? Or separate?separate?
Recommended