The Constitution, its Origins and Citzenship (lec 4) Flashcards
t/f: Canada is and always has been a peaceful country
false
war defined canada from 17th century-19th century, what took place?
-war between colonial powers (british vs french)
-lead to colonies fighting colonial powers (ex. USA rebellion)
-rebellion from Indigenous peoples
-genocide of Indigenous peoples
what happened in upper and lower canada in 1830?
rebellions in both upper and lower canada broke out
who led the rebellion in upper canada? lower canada?
Upper canada: William Lyon Mackenzie
Lower canada: Louis Joseph Papineau
where was upper and lower canada with respect to modern day canada?
Upper canada now ontario
Lower canada now quebec
why were they named upper and lower canada?
named in relation to where they were from st lawrence river
why did rebellions break out in 1830?
-stem from The Constitutional Act of 1791
-created elected assembly with appointed coucil
-elected members in lower canada were french, appointed council was english
-new laws and spending needed to be approved by both parties
what was the goal of both rebellions
wanted a responsible government
In 1838 Lord Durham was sent by britan to figure out the conflict in canada, he considered it a struggle between races. What were his suggested reforms?
-conloinies to decide their own affairs
-governers should pick elected assembly
-upper and lower canada should be united so french are better assimilated
Upper and lower canada were united by what act?
Act of Union in 1841
the Act of Union led to what in 1848?
elections, two reformers elected
Canada west: Robert Baldwin
Canada east: Louis Hippolyte Lafontiane
Who won majority election to form government? What changes were brought about?
Lafontaine
-french added as language
-start of representitive demorcracy
Why were Indegenous peoples instrumental to the creation of canada?
-fought with britan against french
-helped beat americans
what was the reason british government allowed representitive government?
one day wipe out french thru assimilation
what was britain’s goal for canada?
liberal white british state
what reasons led to confederation?
internal+external factors
-rebellions led to responsible government in nova scotia
-railways
-political deadlock
-immigration
-UK moving away from imperialism, doesnt want anything to do with canada
-threat of USA (invasion)
what laws did british repeal? What did these laws mean?
Corn laws
laws that gave preferential treatment to colonists in trade
what did the repeal of corn laws result in?
signed reciprocity treaty, to garuntee buyers for products
what was a main reason for confederation? think of railways
colonies wanted to wipe their debt
what is the concept of political deadlock?
-english + french had equal seats in government
-for laws to be passed, had to be approved by both parties
-neither party wanted to approve the other’s law so deadlock occured
what emerged as a result of the political deadlock?
Confederation
what is the meaning of confederation?
-permanent union of countries
-political power vested in central authority
what was signed by the queen in 1867, what does it do?
The British North America Act
canada becomes dominion of UK, not full independance but gives us control over own matters
when was the charter of rights and freedoms added to the constitution?
1982
from 1867 to addition of charter in 1982, what was the role of courts
when it came to consitution, sustaining whatever the court wanted
esentially, what was the point of constitution in canada?
way of mediating political powers in the state
what was the supreme court concerned with at the time?
finding balence b/w federal and provincial powers
what rule did courts follow with respect to how they interpret things, what changed it?
parliamentary supremacy; maintain political will of parliament
addition of charter of rights and freedoms in 1982
what was the change in how courts interpret things; brought about by the charter of rights and freedoms?
-now looks to limit/contain political will
-courts now weigh in on policies
explain what is meant by the charter of rights and freedoms repatriated the constitution
“brought home”
before, any constitutional change was made thru the uk first
after, canada could change it itself
what are Canada’s immigration laws originally structured on?
what was it’s original goal?
colonial quarantine legislation during 1840s
originally to limit immigrants from Ireland fleeing potato famine
what act was added between 1869 and 1872 that looked to deny entry to those canada wanted out?
immigration act
immigration act was the introduction of the first what?
deportation laws