story Grade 11 Canadian Law

Transcription

1 Cana adian Constit tutional His story Grade 11 Canadian Law

2 Contents What is a Constitution? Types of Constitutions The British North America Act The King-Byng Affair The Statute of Westminster The 1960 Bill of Rights

3 What is a Constitution? A constitution is a fundamental set of laws that defines how a government is run. There are essentially two types of constitution, written and unwritten Unwritten constitutions gener rally follow the British pattern Written constitutions generally follow the American pattern -Canada has a bizarre hybrid system of written and unwritten constitutional law

4 Types of Constitutions An unwritten constitution is no single, formal document outlining how the government is to be run It basically uses legal precedent, customs and parliamentary rights and traditions It changes over time to reflec ct society s progress The main example is England/Great Britain/United Kingdom, whose constitution has evolved over the last 1,000 years

5 Types of Constitutions A written constitution has all of its procedures and laws clearly laid out in a (usually) single document This document is then interpreted by judges for use in everyday life The main example is the United States, whose constitution was adopted in 1789

6 Types of Constitutions UNWRITTEN WRITTEN ADVANTAGES -easily allows change over time -certain traditions considered unassailable (Bill of Rights, supremacy of Parliament -elected officials make and interpret the laws in Parliament -all in one document -laws and traditions are entrenched and importantt ones are difficult to change -IF judges are elected they interpret the law DISADVANTAGES -difficult to interpret as it is always changing -some archaic laws and traditions -extremely difficult to change (amending formula) -different judges have different interpretations of the law -if judges are appointed they are still interpreting the law rather than elected officials

7 The BNA Act The British North America (BNA) Act of 1867 established the Dominion of Canada as a separate political identity from the United Kingdom We were however still part of the British Empire The BNA Act established federal and provincial responsibilities and systemss of governance and finance It established English Common Law, Magna Carta, the Habeas Corpus Act of 1679 and the 1689 Bill of Rights as the fundamental principles our constitution Just like in the UK

8 The BNA Act However there were some ambiguities in the BNA Act Some federal/provincial jurisdictions weren t clear (i.e. natural resources) Provinces had to follow federal guidelines for funding, but were technically independent of the federal government Also, any changes to the way the country was run or the unwritten constitution had to be sent to Britain for a decision In order to change it ourselves we had to patriate our constitution

9 The BNA Act Having Britain make decisions about our laws and constitution wasn t always seen as a bad thing Canada was seen as somewhat backwards by the UK in the early 20th century an nd some of our laws were wisely changed in London For example the Supreme Court of Canada refused to recognize women as persons in 1927, so the Famous Five took their case to Britain and had the decision overturned Canada also had numerous laws discriminating against immigrant minorities and natives which were changed

10 The King-Byng Affair The BNA Act gave Canada a viceroy (someone with the powers of the monarch) called a Governor-General who represented the British Government in Canada In 1926 there was a severe e disagreement between Prime Minister W.L.M. King and the GG Viscount Vimy (Julian Byng) about the role of the GG in Canada Afterwards, King petitioned the British Government to change the GG s role to be a representative of the monarch only and have the Government be represented by a High Commissioner This was carried in the Balfour Declaration of 1926 and is the system still in use today

11 William Lyon Mackenzie King Field Marshal Julian Byng, Lord Vimy

12 The Statute of Westminster Prior to 1931 the British Government could make or change laws ( legislate ) for the Dominions without their input The Statute of Westminster, 1931 established legislative independence for the six self-governing entities of the British Empire: Dominion of Canada Commonwealth of Australia Irish Free State Dominion of Newfoundland (never ratified) Dominion of New Zealand Union of South Africa

13 The Statute of Westminster It established the British Commonwealth in place of the British Empire, where all Commonwealth nations are equal, rather than subordinate to the UK Canada was now independent of Britain and could make and change its own laws wit thout permission from London However, Canada could not make any changes to its constitution without British permission Britain offered this, but the federal and provincial governments could not agree on an amending formula that would be fair to everyone As a result it was agreed to leave amendments to Britain for the time being

14 The Commonwealth

15 The 1960 Billl of Rights Much had changed since Canada s last effective Bill of Rights was written (England s 1689 Bill of Rights, 271 years before!) To reflect Canada s new position as an independent and powerful country, in 1960 the Conservative government of John Diefenbaker created a uniquely Canadian Bill of Rights, enshrining: Freedom of speech and religion Equality rights Right to life, liberty and security of person Right to property Right to legal counsel

16 1960 s and 70 s Throughout the 1960 s and 70 s there were only a few major events in Canada s constitutional evolution Maximum ages were set for Senators and Superior Court judges at 75 years Previously they could serve for life Seats in the House of Commons were also given to the Yukon and Northwest Territories

17 Constitution Act, 1982 The Constitution Act of 1982 was the largest change to Canada s legal and politicall system since Confederation It patriated Canada s constitution The Act consists of 7 parts: 1. The Charter of Rights and Freedoms 2. Aboriginal Peoples 3. Regional Disparities 4. Constitutional Conferencee (repealed) 5. Amending the Constitutionn 6. Amendment to 1867 Act 7. General Provisions

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