1.6 - The Canadian Constitution Flashcards
What is the purpose of a constitution?
• Prevents corruption
• rules and regulations on how to govern a society
What makes the constitution good?
• It is easily understood by those to whom it applies.
• it is not ignored by those who are elected to power.
• it can be changed easily but not too easily.
What are the early Canadian constitutional documents?
• the Royal proclamation of 1763
• The Quebec act 1774
• the constitution act 1791
• the act of union 1840
What was the most important Canadian constitutional document and what did it do?
The British North America Act,1867. The colonies of Canada (Ontario and Quebec) were untied with the colonies of Nova Scotia and New Brunswick.
What is a federal union?
This type of union provides for a sharing of power between a central government and the separate governments of individual provinces or states.
The British North America Act and the Federal Union
Two sections of this act listed the powers of the central government and the provinces.
Section 91 listed the powers of the central / federal government
Section 92 listed the powers of the provinces
What is residual power?
All left over power not granted the provinces went to the central government. This covered all matters concerning “the peace, order, and good government of Canada”
Why was it hard to amend the British North America Act 1867?
It was enacted by the British government meaning it could only be changed by the British Parliament, resulting in few significant amendments.
What was the unwritten Canadian constitution called?
Conventions (ex. Canada must have a prime minister)
What was the statute of Westminster 1931?
• Britain can’t overturn Canadian laws
• Canada can now control its own foreign policy (immigration)
• Canada controls its own military
When did patriation start?
In 1982 by Pierre Trudeau.
What was the process of patriating our constitution?
• we had to write our own constitution (borrowed Britain’s)
• British government had to revoke the BNA act of 1867
• it required that Canada create its own unwritten constitution
What problems were faced when patriating our constitution?
• federal / provincial agreement (provinces would get too much power)
• a formula to amend the constitution
• the charter of rights and freedoms
• federal / provincial disagreement: in order to sign, everybody wants something
What is unilateral patriation?
Mr. Trudeau was frustrated so he asked the Supreme Court if he could partiate the Constitution without the provinces agreement. The ruling indicated that it was legal but not constitutional. Quebec never signed the constitution but still has to follow it.
What happened with the provinces and the charter of rights and freedoms?
Trudeau wanted an entrenched charter (integral part of the constitution) but the provinces wanted to decide their own rights and freedoms. The charter is entrenched though.
