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Constitutional Law in Canada Constitutional Law in Canada

Constitutional Law in Canada - PowerPoint Presentation

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Constitutional Law in Canada - PPT Presentation

Law 12 Mr Laberee 1 What is the constitution 2 What is the constitution other than a piece of paper with a stain on it The constitution establishes government jurisdiction in Canada Ottawa is responsible for establishing ID: 386925

constitution act bna canada act constitution canada bna british change 1867 government canadian 1982 control consent parliament powers canada

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Slide1

Constitutional Law in Canada

Law 12Mr. Laberee

1Slide2

What is the constitution?

2Slide3

What is the constitution other than a piece of paper with a stain on it?

The constitution establishes government jurisdiction in CanadaOttawa is responsible for establishing

health benchmarksVictoria (or Edmonton, Winnipeg, Toronto…) is responsible for health delivery

The British parliament passed out first Constitution: British North America Act (July 1st 1867)

4 provinces made up the country: Ontario, Québec, New Brunswick, and Nova Scotia

3Slide4

Our constitution… a work in progress (just like us

)

1867 BNA Act created Dominion of Canada, but not as a fully independent countryBritain still controlled Canada’s foreign policy

Canada’s highest court was the Judicial Committee of the Privy Council (JCPC) in BritainThey could over turn decisions made by Canadian courts

Throughout the 20

th

century, increasing Canada’s independence was a priority for our governments

4Slide5

Steps Toward True Independence

1931 Statute of Westminster: gave Canada control over its own foreign affairs

1949: Supreme Court of Canada became Canada’s highest courtNote: both these changes required the consent of the British government

BUT… the BNA Act was a British Act (statute) from their parliament, so Canada still didn’t control its own constitutionOnly the government who makes a law can change it, so only the British government could change the BNA Act

5Slide6

Repatriation

Repatriation: The process of bringing the BNA Act under the legal control of the Canadian parliament

From about 1950 on, Britain was willing to give Canada control over its constitution, but the federal and provincial governments feared having their powers reduced, and so they couldn’t agree on how to repatriate the BNA Act

An important principle of politics: no level of government wants to have their powers reduced or give up powers to another level of government

6Slide7

1981: PM Trudeau comes to an agreement with the provinces on how the Constitution should be written. He enters into negotiation with United Kingdom

The British parliament passes the Canada Act, 1982 repatriating the BNA Act, 1867, to CanadaTrudeau passed the Constitution Act, 1982 amending the act according to his agreement with the provinces

The BNA Act, 1867 was renamed the Constitution Act, 1867 and formed a large part of the new 1982 Act, along with the addition of the Charter of Rights and Freedoms

To this day, Quebec says he betrayed them, as they did not approve the final draft 

7Slide8

Formula for Constitutional Change

Called the “amending formula”any change to the Constitution requires:

consent of the Canadian parliament (MPs and Senators)consent of at least 2/3 of the provincial legislatures (MLAs

), who must represent 50% or more of the Canadian populationin practice, this makes change virtually impossible without the consent of Ontario and Quebec because they have most the population…

no changes have been made since 1982, as requirements of this formula haven’t been met

8Slide9

The queen proclaims the constitution

9