Week 1: The Evolution of the Canadian State
Pre-confederation era:
Imperial rivalry and British North American colonies
1759- 1867
1763 Royal Proclamation: The first distinctively Canadian constitutional document. its
significance
1774 Quebec Act
1791 Act divided the colony into Upper and Lower Canada
1837 Rebellion in Upper and Lower Canada: Demand for Responsible Government
1839 Durham Report
1840 Act of Union (combining Upper and Lower Canada into a single entity called the Colony of
Canada)
1848: Responsible government came to New Brunswick, Nova Scotia, and the Colony of
Canada
The Road to Confederation: Factors that contributed to the emergence of the Canadian
federation:
Economic factor; the end to preferential treatment (1840s)
Reciprocity treaty with the United States (1854-1865)
Political/cultural factor: reconciling unity with diversity (accommodating Quebec)
Military factor: fear of being swallowed by the United States
The Road to sovereignty: From 1867 to 1982: An Evolutionary path to independence:
WWI--Imperial Conference (1926) --equality of status for dominions within the British Empire.
Westminster statute (1931) ---The repeal of imperial laws validity Act
The end of appeals to JCPC (Judicial Committee of Privy Council) as the final court of appeal
(1949)
Repatriation of the constitution in 1982--- Canadianizing the Canadian constitution. --- Domestic
amending formula and the Charter
Foundation of Canadian government institutions; The Principles of Canadian Constitution
A-Constitutional Monarchy.
B- Westminster Parliamentary System: (bicameral) - fusion of power—responsible
government- collective ministerial responsibility- individual ministerial responsibility.
C-Federalism: division of power between two interdependent but autonomous levels of
government, neither of which is subordinate to the power of the other.
D-Judicial Review. Independence of judiciary
E-Rule of the Law. Equality before the law. No one is above the law. All government
actions must be based on law.
F-Democracy. Popular sovereignty-- majority rule-- ----political equality----- a range of
civil liberties
Question and Discussion