Canada’s Constitution

1. Canada’s Constitution Our supreme law

2. The Constitution of Canada • What is a constitution? • BNA Act • Statute of Westminster • Canada Act, 1982 • Constitution Act, 1982 • Division of Power • Doctrine of Ultra Vires • Why is a constitution important? The Constitution of Canada is the supreme law of our land. Over time, our constitution has changed to reflect our growing independence as a nation.

3. What is a Constitution? • A set of principals/rules that defines the elements of a country’s government, and the functions and limitations of power of that government.

4. The British North America Act(Constitution Act, 1867) • July 1, 1867 • Created by an act of British Parliament. • Canada’s first constitution. • Set out rules for how Canada should be governed. • Importance: • Created the Dominion of Canada (ON, QUE, NB, NS). • Made Canada a separate political entity from the British Empire, but did not give us full independence (Britain still controlled our foreign affairs).

5. The British North America Act(Constitution Act, 1867) • July 1, 1867 • Created by an act of British Parliament. • Canada’s first constitution. • Set out rules for how Canada should be governed. • Importance: • Created the Dominion of Canada (ON, QUE, NB, NS). • Made Canada a separate political entity from the British Empire, but did not give us full independence (Britain still controlled our foreign affairs). Every time Canada wanted to change the BNA act, permission had to be requested from Britain. Canada’s highest court was in Britain, and it could overrule decisions made by Canadian courts. Canada could not enter into treaties/agreements with other countries. When Britain declared war, Canada was automatically at war (ex. WWI).

6. The Statute of Westminster • Passed by British Parliament (1931). • Gave dominions of the British Empire and the United Kingdom legislative equality. • Importance: • Gave Canada control over its foreign affairs. • 1949: the Supreme Court of Canada became Canada’s highest court of appeal.

7. The Statute of Westminster • Passed by British Parliament (1931). • Gave dominions of the British Empire and the United Kingdom legislative equality. • Importance: • Gave Canada control over its foreign affairs. • 1949: the Supreme Court of Canada became Canada’s highest court of appeal. Canada’s highest court was now in Canada, and Britain could not overrule decisions made by Canadian courts. Canada could enter into treaties/agreements with other countries without interference. When Britain declared war, Canada was no longer automatically at war (ex. WWII). Everytime Canada wanted to change the BNA act, permission still had to be requested from Britain.

8. The Canada Act, 1982 • An act passed by British Parliament on April 17, 1982. • Transferred Canada’s Constitution back to Canada (patriation). • Importance: • Severed all remaining, non-traditional ties between Canada and Britain. • Canada now had legal authority over its own Constitution; no longer had to request permission to make amendments.

9. The Constitution Act, 1982 • In addition to “patriating” the constitution, many changes were made to Canada’s Constitution in 1982: • The BNA Act was renamed, the Constitution Act, 1867. • Canadian Charter of Rights and Freedoms was included. • An amending formula was added, which sets out the process of changing anything that is entrenched in the Constitution. • The federal government • 2/3 of the provincial governments • 50 percent of the population All must agree to the change.

10. Division of Power • The BNA Act also outlined the responsibilities of each level of government (federal, provincial, and territorial). • Outlines which government has jurisdiction, or authority, to make laws in specific areas.

11. Division of Power Section 91: Federal Government Section 92: Provincial Government • Includes matters that should be applied uniformly to every province: • criminal law • federal penitentiaries • national defence • marriage & divorce • citizenship • banking, currency, coinage • postal service • Aboriginal peoples • Includes matters that are more local and can vary from province to province: • education • property & civil rights • marriage ceremonies • police force • provincial courts • highways & roads • hospitals • provincial penitentiaries

12. Division of Power Section 92 Provincial Government • Provinces have delegated some of their powers to a third level of government: municipalities and townships. • bylaws • garbage collection • building permits • night-time noise • emergency services

13. The Doctrine of Ultra Vires • Each government may only make laws in its own jurisdiction. • intra vires – “within the power” • Refers to passing a law within a government’s jurisdiction. • Sometimes, a government might object to a law that has been passed, and pass their own law on the same issue. • ultra vires – “beyond the power” • If the provincial or federal government objects to a law created by the other, believing that it is not within their authority, they can appeal to the Supreme Court of Canada.

14. Why is a Constitution Important? • It is regarded as the supreme law of the land. • Establishes how authority/power will be exercised in a country . • Outlines the limits of authority/power in a country. • It lays down the rule for how a country will govern itself. • Includes a framework for amendments (included in most constitutions, but not necessarily all).

15. Homework Assignment In a well-structured paragraph, suggest how changing values might affect or change a constitution. (5 marks – Communication)