Understanding the Constitution: Peace, Order, and Good Government in Canada

1. Unit 3 POGG Peace, Order and Good Government

2. The Constitution • A written document that sets down all the important rules for how a country operates

3. The British North America Act • 1867, united Quebec, Ontario, New Brunswick and Nova Scotia (aka Confederation) • Defined areas of federal jurisdiction, provincial jurisdiction and shared areas (federal more powerful)

4. Federal Powers • Trade and Commerce • Transportationacross provincial borders • Banking and power to raise money (taxes) • Defense and foreign affairs • Criminal law(includes creation of Supreme Court) • Also the POGG clause – Peace, Order and Good Government • 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

5. Provincial Powers • Not as important jurisdictions in 1867 • health • education • levy local taxes • property and civil rights (labour laws, min. wage, worker’s compensation, family court etc.)

6. Municipalities • not outlined in Constitution • 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

7. Federal-Provincial Relations • Often a tug of war over money • Federal government collects most taxes - federal income tax, GST, customs and more • Provinces collect provincial income tax, PST and some licence fees (e.g. marriage and birth certificates, driver’s) Soon to be HST

8. Federal Government Accounting • Federal government uses equalization to divide the money • Poorer provinces get more to assure equal access to services • Supplies most of the money for health care – • can withold money if Canada Health Act is not followed in a province (e.g. extra billing, private clinics) • Federal government also finances university research projects and scholarships – • provinces often object – want control of own universities

9. Bringing Home the Constitution • Constitution lacked an amending formula • A way to change the constitution assuring that all provinces and federal government are represented • Pierre Trudeau patriated (brought home) the Constitution without support of all provinces • all except Quebec agreed in 1982

10. Amending Formula Today

11. 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 The Canadian Charter of Rights and Freedoms

12. Some rights: • The right to life, liberty and security of the person • The right not to be arbitrarily detained or arrested • The right to enter, remain in, and leave Canada • The right to move and live in any province • The right not to be subjected to any cruel or unusual treatment or punishment

13. Some Freedoms • Freedoms are what the government does NOT do • Freedom of conscience and religion • Freedom of thought, belief, opinion and expression • Freedom of peaceful assembly • Freedom of association

14. Universal Declaration of Human Rights • Set up in 1948 – Drafted by Canadian John Humphrey • Includes right to life, liberty, security of person • outlaws slavery, torture • right to education, free speech • right to participate in government, free elections • cannot be enforced – publicize violations to shame countries into action

15. Eleanor Roosevelt hold up ‘Universal Declaration of Human Rights” Nov 1949. As a UN Ambassador she was instrumental in its conception and drafting