The BNA Act, Discontent arising

1. The BNA Act, Discontent arising

2. The BNA Act • The core of the 1867 Canadian constitution • Fathers of Confederation wanted to establish a strong national government which would have enough power to deal with matters of a national concern • A Constitutional Monarchy (government formally in the hands of the King or Queen) • The governor general had to sign any bill before it become law (royal assent)

3. The BNA Act cont’d • One parliament for Canada (consisting of the monarch, the Senate, and the House of Commons) • The elected House of Commons represented the people – had the sole right to introduce money bills (taxation and spending of public revenue) • Senate appointed by the central government – main function to protect property rights • Members of the Senate held their positions for life • Had to own at least $4000 of property to be a member (a huge sum of money at the time)

4. The BNA Act cont’d • Included the principle of responsible government – required a prime minister, a cabinet, and political parties • The leaders of the majority party in the commons was named the prime minister – this person chose the cabinet • Together they determined the legislative program introduced into each session of Parliament • Second largest party became the opposition • Duty was to criticize and suggest alternatives

5. American Influence on the BNA Act • New system of government had to be flexible enough to take into account provincial needs and goals • Britain – unitary system – one central administration, no ‘provincial’ governments • Fathers of Confederation decided to have a federal system – separate and distinct national and provincial governments • For guidance, they took a good look at the constitutional proposals that the American founding fathers had discussed in 1787

6. American Influence…cont’d • John A. Macdonald was very impressed by the American constitution but felt this system gave too much power to individual states • Felt central government should be stronger than provincial to avoid a situation like the Civil War in the United States • Canadian senators were supposed to represent regional interests (just like American senators) • The BNA Act could be interpreted by courts if there was a dispute between levels of government (also the case in the USA)

7. American Influence…cont’d • Fathers of Confederation felt that they produced a document that was tailored to meet the needs of Canadians • First in the British empire to combine the parliamentary system with a federal structure • The BNA Act recognized bilingualism in Canadian society • French as an official language

8. Division of Power in the BNA Act • Federal Powers • Responsible for things thought to be national, and thus for building and shaping the nation • Section 91 listed 28 specific federal powers • Post office, banks, criminal law, defense, regulate trade, regulate commerce, could raise money through taxation. Foreign policy today is a federal power (was not at the time) • Residual power – could pass laws for any subject not specifically given to the provinces in section 92 • Could pass laws for the “peace, order, and good government” of the new dominion

9. Division…cont’d • Central government had the right to disallow, or veto, any provincial legislation within a year of its passage – could do so if it was contrary to federal government policy or went beyond the powers given to the provincial government • Section 93 – right to take action to protect Catholic or Protestant schools (even though education was a provincial field) • Nominated judges to provincial courts • Nominated lieutenant governors who were to watch for provincial action that may threaten federal authority • In immigration and agriculture, the federal government shared powers with the provincial (in conflict, the federal government would prevail)

10. Division…cont’d • Provincial • Hospitals, taverns, and justice were assigned to the provinces • Only provincial powers considered to be of importance given to the provinces were property and civil rights, and education • Provinces limited to what they could do because they were very short on money – ran on grants given to them by the federal government The division of powers in the BNA Act obviously favored the federal government

11. Changing and Interpreting the BNA Act • Fathers of Confederation were vague on two things: • Did not specify how the BNA Act was to be amended • Did not indicate what would happen if the federal and provincial governments disagrees over interpretations of the BNA Act • The act gave both federal and provincial governments power to make limited changes to their constitution • Judicial Committee of the Privy Council was in charge of interpreting the BNA Act • The highest court of appeal for Canadians (part of the British connection) • Appeals to the committee were abolished in 1949

12. Federal Initiatives • First initiative after confederation was to assume control of Rupert’s Land – owned by the Hudson’s Bay Company • All natural resources were kept under federal control • When Manitoba became a province, its public lands remained in Ottawa’s hands • In 1871, the federal government began to negotiate treaties with the Aboriginal people in the Northwest • Two more colonies, PEI and BC, joined confederation and by 1873 Canada stretched from sea to sea

13. Federal Initiatives cont’d • In 1879, Macdonald’s government proclaimed its National Policy • Designed to stimulate eastern manufacturing and provide a market for its products in the West • Also included plans for a railway • In 1880 a transcontinental rail line (the Canadian Pacific Railway) was chartered • Five years later the railways were completed • National policy put flesh and bones on the BNA Act by physically building the country: immigration, transportation, investment, industrialization, and jobs

14. Provincial Discontent • At the beginning, the federal government was not very concerned with provincial concerns – goal was to build a strong Canada which sometimes meant stepping on the toes of the provinces • Nova Scotia, Quebec, and Manitoba were chronically short of money • A stubborn feeling persisted that the provinces were better able to take care of their interests than the federal government

15. Provincial Discontent cont’d • Aggressive federal action created hostility • Macdonald did not shy away from vetoing provincial laws when he felt these laws were contrary to those in his government • Ex. Manitoba government began to issue railway charters to companies that promised to provide better service than the CPR. Macdonald disallowed these because they threatened the monopoly which the CPR held. This created resentment among Manitobans. At one point the Winnipeg Board of Trade suggested that Manitoba may be better off if they joined the United States

16. Provincial Discontent cont’d • In 1887, five provincial premiers met at a conference to discuss their grievances – Macdonald had been invited but refused to attend • At the end of the conference, they issued a statement requesting greater provincial grants, limitations on the use of federal power in disallowance, and a provincial voice in appointing senators – Macdonald ignored their demands • Macdonald’s chief opponent in this matter as Oliver Mowat – the premier of Ontario