WEEK 3 - From the Reception of English and French Law into Canada to the Charter

Question 1

3 rules of reception for common law (England)

Answer 1

1. settlement - when England colonized a territory, they then were forced English law
2. conquest or cession - acquiring territory overseas or transfer from a different country
3. adoption - a colony legislature could pass a reception statute that adopted English law (most regular and easiest)

Question 2

What act reunited lower Canada with upper Canada? (into the new province of Canada)

Answer 2

the Union Act (1840)

Question 3

When did NS, NB, and the province of Canada join the confederation? (creating dominion of Canada)

Answer 3

July 1st, 1867
The BNA act was now the Constitution Act, of 1867

Question 4

What colonies joined the confederation in 1870?

Answer 4

Manitoba and NWT

Question 5

When did BC join the confederation?

Answer 5

1871

Question 6

What countries joined the confederation in 1905?

Answer 6

Alberta and Saskatchewan

Question 7

When did PEI join the confederation?

Answer 7

1873

Question 8

When did Yukon join the confederation

Answer 8

1889 - gold rush

Question 9

When did NFL join the confederation?

Answer 9

1949

Question 10

When did Nunavut join the confederation?

Answer 10

1999

Question 11

What were the 5 key factors leading to the confederation?

Answer 11

1. the two legal systems in the province of Canada
2. the influence of the US and its ideology of manifest destiny
3. the project on the expansion of railways across BNA
4. the hopes for a larger domestic market
5. the British support and approval for confederation

Question 12

How was the government’s power divided in the constitution?

Answer 12

sec. 91 - federal powers (trade, tax, military, SCC, legislation, currency)
sec. 92 - provincial powers (hospitals, property, civil, criminal, municipalities)

Question 13

What were the 4 problems with the BNA act?

Answer 13

1. omissions of an amending formula (Canada could not amend, go to the UK parliament)
2. did not contain an entrenched charter of rights and freedoms
3. created without consultation of indigenous
4. no real final court of appeal, went to the privy council in UK (up until 1949)