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Canada’s Constitution

Canada’s Constitution. How Power is Divided. History. Royal Proclamation of 1763 British North America under English Law 1860 Charlottetown Conference This lead to …. British Noth America Act, 1867. BNA Act – 1867 Set out rule how Dominion of Canada was to be governed

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Canada’s Constitution

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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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