Search for "Constitution"

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Constitution Act, 1982

The Constitution Act, 1982 enshrined the Charter of Rights and Freedoms in the Constitution, and completed the unfinished business of Canadian independence — allowing Canadians to amend their own Constitution without requiring approval from Britain.

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Dominion of Canada

Dominion of Canada is the country’s formal title, though it is rarely used. It was first applied to Canada at Confederation in 1867. It was also used in the formal titles of other countries in the British Commonwealth. Government institutions in Canada effectively stopped using the word Dominion by the early 1960s. The last hold-over was the term Dominion Day, which was officially changed to Canada Day in 1982. Today, the word Dominion is seldom used in either private or government circles.

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Meech Lake Accord

In 1987 the Progressive Conservative government of Prime Minister Brian Mulroney attempted to win Québec's consent to the revised Canadian Constitution — following the Québec government's rejection of it in 1981.

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Constitution Act, 1867

​The Constitution Act, 1867, originally known as the British North America Act (BNA Act) was the law passed by the British Parliament creating the Dominion of Canada at Confederation.

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Patriation of the Constitution

In 1982 Canada "patriated" its Constitution, transferring the country's highest law, the British North America Act, from the authority of the British Parliament — a connection from the colonial past ­— to Canada's federal and provincial legislatures.

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Balfour Report

The Balfour Report of 1926 was an important document in Canada’s evolution to become a fully self-governing nation. The report declared that Britain and its Dominions were constitutionally equal. The findings of the report were made law by the British Parliament in the 1931 Statute of Westminster. This was the founding document of the modern Commonwealth. Canada remained linked to Britain politically. But legal power shifted decisively to the Canadian Parliament and its prime minister. This shift quickly led to an independent Canadian foreign policy and to the creation of its diplomatic service. It took several decades before Canada assumed all of its other powers under the Statute.

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Constitutional Act 1791

The Constitutional Act of 1791 was an Act of the British Parliament creating Upper Canada and Lower Canada. Although it was a first step towards Canadian Confederation, its rigid colonial structures also set the stage for rebellion in the two Canadas.

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Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

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Quebec Conference, 1864

From 10–27 October 1864, politicians from the five British North American colonies gathered in Quebec City to continue discussing their unification into a single country. These discussions began at the Charlottetown Conference the previous month. The most important issues decided in Quebec City were the structure of Parliament and the distribution of powers between the federal and provincial governments. The broad decisions from the Charlottetown and Quebec conferences were made into 72 resolutions, known as the Quebec Resolutions. These formed the basis of Confederation and of Canada’s Constitution.

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Quebec Resolutions

The Quebec Resolutions are a list of 72 policy directives that formed the basis of Canada’s Constitution. They emerged from the Charlottetown Conference (1–9 September 1864) and the Quebec Conference (10–27 October 1864). Those meetings were held by politicians from the five British North American colonies to work out the details of how they would unite into a single country. (See also: Confederation.) The Quebec Resolutions were finalized at the London Conference (4 December 1866 to March 1867). They formed the basis of the British North America Act — the first building block of Canada’s Constitution — which established the Dominion of Canada on 1 July 1867.

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Canadian Identity

The question of what it means to be a Canadian has been a difficult and much debated one. Some people see the question itself as central to that identity. Canadians have never reached a consensus on a single, unified conception of the country. Most notions of Canadian identity have shifted between the ideas of unity and plurality. They have emphasized either a vision of “one” Canada or a nation of “many” Canadas. A more recent view of Canadian identity sees it as marked by a combination of both unity and plurality. The pluralist approach sees compromise as the best response to the tensions — national, regional, ethnic, religious and political — that make up Canada.

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Confederation

Confederation refers to the process of federal union in which the British North American colonies of Nova Scotia, New Brunswick and the Province of Canada joined together to form the Dominion of Canada. The term Confederation also stands for 1 July 1867, the date of the creation of the Dominion. (See also: Canada Day.) Before Confederation, British North America also included Newfoundland, Prince Edward Island, British Columbia, and the vast territories of Rupert’s Land (the private domain of the Hudson’s Bay Company) and the North-Western Territory. Beginning in 1864, colonial politicians (now known as the Fathers of Confederation) met and negotiated the terms of Confederation at conferences in Charlottetown, Quebec City and London, England. Their work resulted in the British North America Act, Canada’s Constitution. It was passed by the British Parliament. At its creation in 1867, the Dominion of Canada included four provinces: Nova Scotia, New Brunswick, Quebec and Ontario. Between then and 1999, six more provinces and three territories joined Confederation.

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Royal Proclamation of 1763

The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It established the basis for governing the North American territories surrendered by France to Britain in the Treaty of Paris, 1763, following the Seven Years’ War. It introduced policies meant to assimilate the French population to British rule. These policies ultimately failed and were replaced by the Quebec Act of 1774 (see also The Conquest of New France). The Royal Proclamation also set the constitutional structure for the negotiation of treaties with the Indigenous inhabitants of large sections of Canada. It is referenced in section 25 of the Constitution Act, 1982. As such, it has been labelled an “Indian Magna Carta” or an “Indian Bill of Rights.” The Proclamation also contributed to the outbreak of the American Revolutionary War in 1775. The Proclamation legally defined the North American interior west of the Appalachian Mountains as a vast Indigenous reserve. This angered people in the Thirteen Colonies who desired western expansion.

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Charlottetown Conference

The Charlottetown Conference set Confederation in motion. It was held from 1–9 September 1864 in Charlottetown, with additional meetings the following week in Halifax, Saint John and Fredericton. The conference was organized by delegates from New BrunswickNova Scotia and Prince Edward Island to discuss the union of their three provinces. They were persuaded by a contingent from the Province of Canada, who were not originally on the guest list, to work toward the union of all the British North American colonies. The Charlottetown Conference was followed by the Quebec Conference (10–27 October 1864) and the London Conference (December 1866–March 1867). They culminated in Confederation on 1 July 1867.