Why Do We Need a Constitution?. A constitution provides the basic framework for a nations form of government and legal system. A constitution provides.

Why Do We Why Do We Need a Need a

Constitution?Constitution?

A constitution provides the A constitution provides the basic framework for a basic framework for a nation’s form of government nation’s form of government and legal system.and legal system.

Canada’s constitution Canada’s constitution describes the structure of describes the structure of the federal and provincial the federal and provincial governments and allocates governments and allocates powers to each level of powers to each level of government.government.

A constitution also sets A constitution also sets out the procedures for out the procedures for making laws and defines making laws and defines who will be involved in who will be involved in making them.making them.

Sources of Canada’s Sources of Canada’s ConstitutionConstitution There are three main sources There are three main sources

of Canada’s constitution:of Canada’s constitution:

1)1)The Constitution Act, 1867The Constitution Act, 1867 and the and the Constitution Act, Constitution Act, 1982.1982. These set out the basic These set out the basic

structure for Canada’s structure for Canada’s government and divides power government and divides power between the federal and between the federal and provincial governments.provincial governments.

2) Unwritten set of 2) Unwritten set of rules/conventionsrules/conventions

3) Court rulings that 3) Court rulings that interpret the written interpret the written constitution. These constitution. These rulings become rulings become precedents, guides to be precedents, guides to be used in settling other used in settling other constitutional cases.constitutional cases.

British North British North America ActAmerica Act Canada became a country in 1867 Canada became a country in 1867

when the provinces Ontario, when the provinces Ontario, Quebec, New Brunswick, and Nova Quebec, New Brunswick, and Nova Scotia united under the Scotia united under the BNA Act.BNA Act.

Changes to the Changes to the BNA ActBNA Act had to be had to be passed by British parliament until passed by British parliament until the Act was patriated (brought the Act was patriated (brought home to Canada) in 1982 and home to Canada) in 1982 and renamed the renamed the Constitution Act, Constitution Act, 1867.1867.

The Fathers of The Fathers of Confederation adopted a Confederation adopted a federal structure of federal structure of government for the new government for the new nation, in which power nation, in which power would be divided would be divided between a central between a central (federal) government and (federal) government and regional (provincial) regional (provincial) government.government.

Front Row (left to right): E. Whalen, A.T. Galt, George Brown, J.A. Macdonald, Col. J.H. Gray, C. Tupper, Front Row (left to right): E. Whalen, A.T. Galt, George Brown, J.A. Macdonald, Col. J.H. Gray, C. Tupper, .-P. TachM, S.L. Tilley, George-. Cartier, J. McCully, E.B. Chandler, W.H. Steeves, Lt. Col. J.H. Gray..-P. TachM, S.L. Tilley, George-. Cartier, J. McCully, E.B. Chandler, W.H. Steeves, Lt. Col. J.H. Gray.

Back Row (left to right): G. Coles, H.L. Langevin, E. Palmer, O. Mowat, J.M. Johnson, A.G. Archibald, C. Back Row (left to right): G. Coles, H.L. Langevin, E. Palmer, O. Mowat, J.M. Johnson, A.G. Archibald, C. Fisher, J. Cockburn, J.C. Chapais, W.A. Henry, R.B. Dickey, A.A. Macdonald, W.H. Pope, J.A. Shea, Fisher, J. Cockburn, J.C. Chapais, W.A. Henry, R.B. Dickey, A.A. Macdonald, W.H. Pope, J.A. Shea, F.B.T. Carter, H. Bernard, J.H. Haviland.F.B.T. Carter, H. Bernard, J.H. Haviland.

The federal system The federal system would allow the central would allow the central government to look government to look after issues of national after issues of national concern, such as concern, such as defence and economic defence and economic development.development.

Competing interests, Competing interests, such as education, such as education, would be handed by the would be handed by the provinces.provinces.For example, Quebec and For example, Quebec and Ontario would want Ontario would want French-speaking and French-speaking and English-speaking schools English-speaking schools respectfully.respectfully.

Canada’s Unwritten Canada’s Unwritten ConstitutionConstitution The The Constitution Act, 1867Constitution Act, 1867 did did

not include a prime minister, not include a prime minister, even though Canada has had a even though Canada has had a prime minster since prime minster since Confederation.Confederation.

Conventions are unwritten rules Conventions are unwritten rules of political conduct.of political conduct.For example, a Cabinet minister For example, a Cabinet minister

must resign if she/he does not must resign if she/he does not agree with a decision reached by agree with a decision reached by the Cabinet. the Cabinet.

Court DecisionsCourt Decisions When there is a dispute When there is a dispute

over the meaning/intent of over the meaning/intent of certain phrases, sections or certain phrases, sections or even individual words in the even individual words in the constitution, the courts are constitution, the courts are called upon to resolve it.called upon to resolve it.

Government must comply Government must comply with these judgments.with these judgments.

The importance of The importance of educationeducation Education was important to the Education was important to the

Fathers of Confederation because Fathers of Confederation because control of the school system meant control of the school system meant control of socialization of future control of socialization of future generations.generations.In Quebec, provincial control of In Quebec, provincial control of

education meant that French education meant that French language would be used as the language would be used as the language of instruction and language of instruction and schools would continue to be run schools would continue to be run by Roman Catholic Church.by Roman Catholic Church.

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The Municipal The Municipal LevelLevel The The Constitution Act, 1867Constitution Act, 1867 made made

cities the responsibility of cities the responsibility of provincial governments. provincial governments.

The provinces then enacted The provinces then enacted municipal acts, which gave cities municipal acts, which gave cities the authority to provide basic the authority to provide basic services and to pay for them by services and to pay for them by property taxes and service charges.property taxes and service charges.

The ability of cities to pass local The ability of cities to pass local laws is known as bylaws.laws is known as bylaws.