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Understanding Canada's Constitution: Historical Foundations and Division of Powers

Explore the evolution of Canada's Constitution, starting from the Royal Proclamation of 1763 to the British North America Act of 1867. This foundational document established the governance framework for the Dominion of Canada, creating a federal system with central and provincial authorities. Analyze the roles and responsibilities delineated by the BNA Act, including the delegation of powers to municipalities and self-governing Aboriginal territories. Learn about the complexities of federal and provincial powers, including overlaps and the doctrine of ultra vires, that shape contemporary Canadian governance.

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Understanding Canada's Constitution: Historical Foundations and Division of Powers

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  1. Canada’s Constitution How Power is Divided

  2. History • Royal Proclamation of 1763 • British North America under English Law • 1860 Charlottetown Conference • This lead to…..

  3. British Noth America Act, 1867 • BNA Act – 1867 • Set out rule how Dominion of Canada was to be governed • Remains major part of our constitution

  4. A Federal System • At the time, Several systems to model: • US – weaker central government lead to civil was • GRB’s unitary system of one parliament impractical for large Canada • Solution = two levels of government: Central and Provincial Note: Monarch and Rule of Law due to BNA provisions

  5. Division of Powers • BNA Act outlined federal and provincial responsibilities See fig. 3.2, pp.54 of textbook • Provinces delagated some duties to municipalities and townships • Additonally, powers have been given to self- governing Aboriginal territories

  6. Conflict of Power • Residual Powers: federal responsibility to make laws in areas not provincially run • Parliament may step in to restore peace, order or in an emergency Note: sometimes federal and provincial legislation overlaps

  7. Doctrine of Ultra Vires • Intra vires–‘within the power’ of government to pass • Ultra vires–‘beyond the power’ of government to pass

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