Canada

1
Canadas 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 monarchy
• Provides a parliament of which the H of C is most
  important part
• Establishes two levels of government, federal and
  provincial
• Establishes three branches of government,
  legislative, executive, judicial

4
What is it based on?

• Rule of Law guarantees all Canadians both
  justice and equality before the law
• No one is above the laws of the land
• Governments 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 that English Laws and institutions as
  well as English language would prevail in
  politics of Quebec
• French language and Catholicism tolerated

7
Quebec Act of 1774

• Emphasize that English criminal law would be
  emphasized in colony
• Restored the use of 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 contd

• 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
• 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 is answerable to
  and must act on the decisions of the legislative
  branch.

12
British North America Act 1867

• By 1860s colonies becoming dissatisfied with
  political structure
• In 1867, confederation occurred between the
  Canadas, New Brunswick, and Nova Scotia.
• Known as the BNA Act of 1867
• Divided Canada into Ontario and Quebec
• Four provinces in confederation

13
BNA Act 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.

15
Changes to Constitution

• Many federal-provincial arguments during the
  1960s and 1970s
• The Quiet Revolution in Quebec marked the
  beginning of a period of Change for the Canadian
  constitution.
• Quebec began to consider separation
• To persuade Quebec, Prime Minister Trudeau and
  his government offered a new constitutional
  arrangement

Trudeauin his prime - - -gt
16
Change to Constitution

• Constitution Act 1982 included
• Charter of Rights and Freedoms to protect
  Quebecs interests
• Amending formula 7 of 10 provinces representing
  50 of population of Canada