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Introduction to the Canadian Government. Introduction. Within our society, we need a reliable means of maintaining law and order so that we can go about our daily business in safety – often taken for granted.
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Introduction to the Canadian Government J. Sawatzky 2008
Introduction • Within our society, we need a reliable means of maintaining law and order so that we can go about our daily business in safety – often taken for granted. • Aristotle’s three types of government – monarchy (rule by one), aristocracy (rule by the few), and democracy (rule by many). • Canada is presently a constitutional monarchy. • French and Aboriginal forms have been overshadowed by the British model, but they are present in Canadian history. J. Sawatzky 2008
Native System of Government • 2 characteristics common to all Native systems of government: • Family unit was the basic unit of government. • Had a great deal of independence and freedom. • Although Native governments were much more egalitarian than those of Europe, some were hierarchical: • Ex. Chiefs, elders • Some even had slaves who had been captured in war • Authority did not extend beyond their immediate group. • Did not have majority rule as this was seen as unfair. • Usually only men allowed to participate in government, except the Huron (women chose the chief and could replace him if the saw fit – only men sat on councils though) J. Sawatzky 2008
French Colonial Government1663 - 1759 • In 1663, King Louis XIV and his chief minister Jean-Jaques Colbert began to reorganize the government in New France. • The King ruled by divine right – had been put in this position by God – therefore ultimate authority rested on the King (Power to make laws, raise taxes, administer justice, and decide foreign policy) • No one shared power with the King but groups or individuals could petition him. • The King had to make sure certain existing laws were followed and that everyone’s rights were respected. J. Sawatzky 2008
French Colonial Government cont’d • Communication between Versailles and Quebec was very slow so control over the colony was loose – officials had to use their own judgment in times of crisis. • The government in France was called the Sovereign council. • Governor General – head, could veto other official’s decisions • Indendant – maintained the law • Governor general and intendant were appointed by the King and responsible only to him. • Other councilors were the bishop, an attorney general, and five (later 7) councilors appointed by the King from the inhabitants in the colony. • Council acted as the supreme court. J. Sawatzky 2008
French Colonial Government Cont’d • Freedom was considered less important than other values. • Overall welfare of society mattered most. • No elected assembly or parliament. • Individuals and/or groups could petition to the governor and intendant on any matter. The intendant would then summon consultative assemblies (could offer their opinion) • Many of the laws that were issued were a response to specific complaints and suggestions made by one group or another in the colony • This system relied on the men sent out to govern the colony • Honest and competent – colony did well • Dishonest and incompetent – welfare of colony suffered J. Sawatzky 2008
French Colonial Government Cont’d • Jean Talon • The first intendant • Did many good things for the colony (ex. Encouraged immigration, began shipbuilding) • His objective was to create an economically sound colony that is self-sufficient in the basic necessities • Did not just stay in his office, but went around Quebec city talking to people. • Francois Bigot • The last intendant • Greedy and took a cut from government contracts – did not bother hiding it • Lived luxuriously during the Seven Years War when others were starving • Stayed for 12 years because the King was unwilling to act • Overall, the people of New France were generally satisfied. J. Sawatzky 2008
British Colonial Governmentto 1867 • Britain gained control of New France in 1763. • They already had an empire in North America containing Newfoundland, Nova Scotia, vast regions of the Hudson’s Bay, and the Thirteen Colonies. • Background • In the 17th century, civil war broke out because the people wanted more power, lead to the execution of King Charles I in 1649. • Britain had no monarch until 1660, wherein they had a republican government. • When a monarch was again put in place, the parliament did not want to give up their power • In 1688, James II was expulsed – leaders of this revolution invited the King’s daughter Mary and her husband William of Orange to become the new rulers only if they agreed to the Declaration of Rights – a list of conditions meant to balance the power between parliament and monarchy. J. Sawatzky 2008
British Colonial Government Cont’d • 18th century Britain had 3 main components: • The monarch • The aristocratic and hereditary House of Lords • The House of Commons • The government was run by wealthy and well-educated men. • Who could not vote in this system: • Those who did not own land – included poor and many in the working and middle classes • Women • Roman Catholics and Protestants who were not members of the Church of England J. Sawatzky 2008
British Colonial GovernmentCont’d • British colonial government in the Thirteen Colonies consisted of: • A governor • Executive council of 12 men to advise him • A legislative assembly • Legislative assembly chosen by the “people” (male property holders) • In Nova Scotia in the 18th century, there was a struggle for empire between Britain and France. • Acadians in the area resisted pressure from the British to take an oath of allegiance to the Crown. • They were expelled in 1755 and scattered to other British possessions. J. Sawatzky 2008
British Colonial Government Cont’d • Within 20 years, most of them had drifted back. • 3 years after expulsion, the governor of Nova Scotia (Charles Lawrence) held an election to create an assembly, consisting of 20 men, in the new legislature (the first such body in what is now Canada). • Nova Scotia government was now “constituted”. • In 1773, a similar pattern of government was given to St. John’s Land (renamed PEI in 1799). J. Sawatzky 2008
British Colonial Government Cont’d • The government policy in Newfoundland was totally different than the rest because of its value in the cod fishery business. • A powerful group in Southwest England controlled the fishery. • British government had to protect the interest of the merchants who controlled the fishery. • In 1634 the British government passed a series of charters which prohibited settlement in Newfoundland 6 miles from the coast. • Only in 1832 did the colony receive full representative institutions. J. Sawatzky 2008
British Colonial Government Cont’d • In 1759 when Britain took over New France (after the Seven Year’s War) they renamed it Quebec. • Unsure of what to do in Quebec because most were not allowed to serve in government because they were Catholic. • English speaking merchants in Quebec wanted freedom from government controls and regulation – did not like how regulated Quebec was. • At first officials decided to extend the same type of government as was used elsewhere. • Governor would call an assembly after more British immigrants arrived. • Thought the French would eventually assimilate. • Quebec Act in 1774 allowed French Canadians to sit on the executive council (which at this time had 17 members). • British government finally admitted that Quebec was not a colony and could not be governed in that manner. J. Sawatzky 2008
British Colonial Government Cont’d • In 1784, New Brunswick was created out of the original colony of Nova Scotia. • In Quebec, new arrangements for the governing of the colony were made • Loyalists would not be content with a government that did not allow them to participate • British government thought that the best way to handle this would be to partition Quebec into a French-speaking and English-speaking section, with people in each section getting the religion and government system they seemed to prefer • To this day, we still have partial British rule in Canada: • Queen Elizabeth II – our Monarch • David Johnston – Governor General • Philip S. Lee – Manitoba’s Lieutenant Governor J. Sawatzky 2008
The Monarchy • The Monarch is considered the head of state but his/her powers are limited by our Constitution • The Monarch’s role has become largely symbolic and traditional • Governor General • Appointed by the Monarch on the recommendation of the Prime Minister • The representative of the Crown at the federal level • 5 year term • He/she holds the constitutional rights of Head of State and is responsible, on the advice of the Prime Minister, for calling Parliament into session, proroguing it, and dissolving it before elections J. Sawatzky 2008
The Monarchy cont’d • The Governor General has exclusive power to appoint the Prime Minister (normally chooses the leader of the party with the most seats in the House of Commons) • Reads the Speech from the Throne, opening Parliament, and setting out the Government’s vision for the country with policies and actions that take place • Commander-in-Chief of Canada, encourages excellence and dedication in the Canadian forces • Promotes Canadian sovereignty both within Canada and overseas • Although the position has evolved to be highly ceremonial, he/she nonetheless is an important figure in promoting Canadian unity J. Sawatzky 2008
The Monarchy cont’d • Lieutenant Governors • 5 year term • The Crown’s representatives within the provinces • Their responsibilities to some extent mirror the federal responsibilities of the Governor General • Appointed by the Governor General on the advice of the Prime Minister along with the respective Premier • Symbolize their province’s equal status within the confederation • Work for provincial unity, identity, and pride J. Sawatzky 2008
The Constitutional Act • Passed by the British Parliament in 1791 • Divided Quebec into 2 sections, largely along ethnic lines • English-speaking western part was called Upper Canada (present day Ontario) because it was on the upper St. Lawrence • Given English law, English landholding system, government supported Church of England • French-speaking eastern part was called Lower Canada (present day Quebec) because it was on the lower St. Lawrence • Given French civil law, the seigneurial system, and the status of the Roman Catholic Church was confirmed J. Sawatzky 2008
The Constitutional Act cont’d • A representative assembly chosen for each colony • Legislative council added to each colony – consisted of men appointed for life by the governor • This council had the power to veto any laws passed by the elective assembly • Kept the “democratic” part of the government under control • British authorities hoped that the French people would learn to value their parliamentary institutions as well as the British culture • The government ended up under the control of an oligarchy, a small, closely connected group of men that dominated both the executive and legislative councils J. Sawatzky 2008
The Constitutional Act cont’d • Upper Canada – ‘Family Compact’, Lower Canada – ‘Chateau Clique’ • By the 1830s, colonists began demanding responsible government – the council would be responsible to the elected assembly • This cry was also raised in Nova Scotia • Despite all the complaints, the British government continued to refuse change • 1837 – rebellion broke out in both Upper and Lower Canada • Lord Durham sent to investigate the colonial situation and establish the causes of rebellion J. Sawatzky 2008
The Constitutional Act cont’d • Lord Durham was there for 5 months and put forth these suggestions: • The colonies be granted responsible government as far as domestic matters were concerned – felt the colonists were capable of running their own affairs • Upper and Lower Canada be united – hoped that the French would be outnumbered by the English, who could pass the kind of legislation they preferred • British parliament accepted his second suggestion – passed the Act of Union in 1840 which created the United Province of Canada • The two colonies renamed Canada West and Canada East • The capital was moved to Kingston in English-speaking Canada and English became the official language in the new legislature J. Sawatzky 2008
The Constitutional Act cont’d • Although Durham’s first suggestion was not implemented, governors were instructed to do everything possible to maintain harmony – important because the French were quite bitter about the new constitutional arrangements • Charles Poulett Thomson (French – “The Chicken”) • Did everything possible to ensure the election of English-speaking candidates to the assembly – used British troops to intimidate voters (no private vote until 1874) • Following governor generals realized that to win the cooperation of the elected assembly, they had to give up attempting to assimilate the French-speaking population with the English culture • More and more French Canadians were appointed to the executive council • French became an official language in 1848 – bilingual tradition being established J. Sawatzky 2008
The Constitutional Act cont’d • In 1848, the colonies were no longer under British economic regulations • Governor general, Lord Elgin, was instructed to grant responsible government to all the colonies – came first in Nova Scotia in 1848 and had spread to all the other colonies by 1855 • Governor general now obliged to accept the advice of his executive council on all domestic matters • Executive council was like a modern-day cabinet • Responsible government is a step towards democracy J. Sawatzky 2008
The Constitutional Act cont’d • British policy towards Natives had 3 main principles (protection, civilization, assimilation) • Ultimate goal was to absorb them into Eurocanadian society • When responsible government came into being, British policy still stood in regards to Natives: • Europeans could not trespass on reserve lands • These lands could not be seized for non-payment of taxes • Sale of alcohol to Natives was prohibited (said it was for their own good) • In the 1850s, reserves were moved closer to larger settlements (hope that European Canadians could be a role model) • The struggle for more independence for Europeans meant less independence for the Aboriginal people J. Sawatzky 2008
The Road to Confederation • Union of Britain’s North American colonies was becoming more and more attractive • On their own, their future was uncertain – hardly strong enough to survive on their own economically • Britain’s main concern was to establish friendly relations with the United States • Because of unstable political groupings and independent members of the legislature, it was difficult to form a stable government • Colonies needed foreign capital – only way they could get money to build railways and other public works • A united Canada looked better for foreign countries to invest in – colonies were too unstable on their own J. Sawatzky 2008
The Road to Confederation cont’d • Union of colonies would stimulate trade with bigger markets, it would be a better prospect for building railways, and it would then be in a position to take over Rupert’s Land from the Hudson’s Bay Company which would allow settlement for young people who were moving to the United States • English-speaking Canadians felt that they should get the majority of seats because they were the majority in the populace • “rep by pop” – representation by population • French Canadians opposed this because their culture and language would then be at the mercy of the English-speaking Canadians • The solution of a federal union • Allow French Canada to control its own affairs, (esp. in language and culture) while allowing English-speaking Canadians to have a majority vote at the federal level J. Sawatzky 2008
The Road to Confederation cont’d • Union of the British North American colonies would strengthen them against threats from the United States – felt the union government may be angry because the colonies did not give them as much support as they wanted • September 1, 1864 – at a conference in Charlottetown, delegates from all three colonies agreed to for a confederation • Two months later they met in Quebec and outlined the terms of the union • The Maritimes rejected the proposed confederation • What changed their minds was when Britain in 1866 no longer wanted to pay for colonial defense J. Sawatzky 2008
The Road to Confederation cont’d • If colonies united, they could assume responsibility for their own defense and Britain could withdraw from North America • In 1866-67, representatives from the two Maritime colonies and the Canadas met at the London Conference to draft a bill uniting the four British colonies – British North America Act • Received royal assent on March 1867 and was proclaimed on July 1 of that year J. Sawatzky 2008