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

http://archives.cbc.ca/IDC-1-73-1092-6040/politics_economy/Patriation/clip4

…and Quebec looks to get out of Canada

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:

1. A principle equalizing services across Canada

2. Who was in charge of natural resources3. An “amending formula”—how the

Constitution could be changed4. 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