CLU3M - Law

Unit 1 - Constitutional History of Canada

Mr. Andrez

BNA Act - 1867

British North American Act – 1867

Outlined the powers of the Canadian government to make laws and establish the levels of government for making law (federal / provincial)

Development of Canadian Constitution

BNA Act - 1867(British North American Act) – British Statute•Dominion of Canada formed•British Privy Council – Canada’s highest court•Little control of our affairs (foreign)

Statute of Westminster – 1931•British Statute – Giving Canada control over its foreign affairs

Supreme Court of Canada – 1949•Established and becomes Canada’s highest court

Constitution Act 19821. Canada given an amending formula – ability to change our own constitution = complete independence from Britain2. Canadian Charter of Rights and Freedoms

Our road to independence

Defined areas of federal and provincial jurisdiction (federal more powerful) – only 2

Federal and provincial governments were suspicious of eachother

Bringing Home the Constitution - 1982 Canada could not change the BNA Act,

1867 since it lacked an amending formula – (being a British Statute)

The BNA Act, 1867 was renamed the Constitution Act, 1867. That in addition to the amending formula and the Canadian Charter of Rights and Freedoms makes up the Constitution Act, 1982.

Pierre Trudeau re-patriated (brought home) the Constitution without support of all provinces all except Quebec agreed in 1982

The Constitution

A written document that sets down all the important rules for how

a country operates

The Canadian Charter of Rights and Freedoms Guarantees rights to

all Canadians (since 1982)

Citizens can make a case that their rights are being denied

Rights vs. privileges Driving is a privilege,

earned, and can be revoked

Amending Formula TodayAmendment Who must agree

Changing the roles of the Queen, GG, L-GChanging the use of English or French

nationallyChanging the Supreme CourtChanging the amending formula

The federal government and all ten provinces

Changing the borders between provincesChanging the use, provincially, of English or French

The federal government and the affected provinces

Changing the Senate or the H of C The federal government

All other changes The federal government and seven of the ten provinces representing at least 50% of the population

Federal PowersConstitution Act – 1867 (Section 91) Peace, Order and Good Government (POGG)

Gave federal government power to enact laws that were needed to maintain POGG

2 main powers: any genuinely new power not set out in the BNA act veto provincial powers in national emergency

Criminal Law Unemployment insurance Banking, currency, and coinage Federal penitentiaries Marriage and divorce Postal services Aboriginal peoples and their land

Provincial Powers(Section 92) – Constitution Act - 1867 Property and civil rights Marriage ceremonies Police forces and provincial courts Highways and roads Provincial jails hospitals

Municipalities

not outlined in the Constitution Act, 1982 Creations of the province – subject to provincial law/rule

Sewage and garbage disposal Roads, sidewalks, snow removal Street lighting, parks Libraries, public transportation, pools and arenas

Local police and firefighting

Government Bills / Statutes – Federal The process through which an idea becomes a law

An Idea•Awareness that something needs to change

•May begin withAny MP

•Draft up a new Policy which is Checked by Lawyers

•This is a bill

First Reading Second Reading

•Bill is readTo the HouseOf Commons

•No discussion

•No debate

•No Vote

•MPs may question and debate new bill

•Vote

CommitteeReport Stage

•Studied clause by clause by a standing committee of MPs from all parties

•Public and expert input

•Vote and make changes

Third Reading

•More discussion and debate in the House of commons

VOTEIn H of C

Senate

•Federal level only

•Follows same process (3 readings) - vote

•Any changes – sent back to the H of C

Royal Assent

•Signed by the GG or Queen – turns bill into an ‘act’ which turns it into law

Government Bills - Provincial Cartoon clip

Similar process to federal process

Occurs in the Provincial Legislative Assembly (Ontario – Queen’s Park)

Involves MPPs (3 readings)

Does not involve the Senate (0 readings)

Must be signed by the Crown (Lieutenant-governor)

Government Bills / Bylaws - Municipal

Similar process to that of a federal bill

Occurs at a City Hall

City councilors (Elected City Council)

Signed by the mayor

Recap1. How did the British North American Act lay down the structure for the

Canadian Constitution?2. Discuss the importance of the Statute of Westminster.3. Why did it take so long for Canada to get control of its own constitution?4. Distinguish between the Constitution Act, ,1867, and the Constitution Act,

1982.5. Distinguish between sections 91 and 92 of the Constitution Act, 1867 by

discussing the constitutional division of power6. What is the third level of government in Canada? What types of laws does it

pass?7. Why is the House of Commons the most powerful part of Parliament?8. What are the responsibilities of Cabinet ministers?9. Compare the passage of federal legislation with that of provincial legislation.

How are they similar? How are they different?10. Think of a change you would like to see in the law. Describe the process by

which this idea could become a reality. Clearly identify the steps needed to pass a bill into a law.