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POGG P eace- O rder- G ood- G overnment. Our Constitution ESL. The British North America Act. 1867, united Quebec, Ontario, New Brunswick and Nova Scotia (aka Confederation) Defined areas of federal and provincial jurisdiction. The BNA Act 1867. BNA Act = Canada’s Constitution
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POGG Peace-Order-Good-Government Our Constitution ESL
The British North America Act • 1867, united Quebec, Ontario, New Brunswick and Nova Scotia (aka Confederation) • Defined areas of federal and provincial jurisdiction
The BNA Act 1867 • BNA Act = Canada’s Constitution • Established the Dominion of Canada • Part of the Commonwealth with the monarch as our head of state • Established our boundaries • Established our governmental system • Federal - House of Commons - Senate • Provincial • Established our levels of government Federal Provincial Municipal
The BNA Act 1867 • Was a British law (statute) meaning only Britain could change it. • Canadians wanted to be able to change their own constitution • Trudeau 1982 Prime Minister
Bringing Home the Constitution • Constitution lacked an amending formula • A way to change the constitution and make sure 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
New Constitution, 1982 Includes: • The original BNA Act 1867 (the old constitution) • The Amending Formula (instructions on how to change our own constitution) • Charter of Rights and Freedoms
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
Trudeau – The Constitution Act, 1982 • Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms • Constitutional Law, not Statute law • Changes must be made according to the amendment formula • Lists civil rights and freedoms for all Canadians at all levels of government • Section 24 of the Charter details the “enforcement of guaranteed rights and freedoms”
Some Rights: • The right to life, liberty and security of the person • The right to enter, remain in, and leave Canada and live in any province • The right not to be subjected to any cruel or unusual treatment or punishment • freedom of expression • legal rights of persons accused of crimes • Aboriginal peoples’ rights • The right to equality, including the equality of men and women
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