POGG P eace- O rder- G ood- G overnment

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 1982Prime 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, 1982Includes:

The original BNA Act 1867 (the old constitution)

The Amending Formula (instructions on how to change our own constitution)

Charter of Rights and Freedoms

The Canadian 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

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