WEEK 5 Canadian Constitution Flashcards
American Revolution, LOYALISTS
LOYALISTS = loyal to Britain
- they believed in the legitimacy of the government. accepted things as British subjects (political institutions)
compromises the British made: french civil law, rejection
Constitutional Act (1791)
upper and lower canada
upper - british laws
lower - french civil law
Laura Secord
Became symbol of political nationalism
Was overhearing plans of American’s and so she warns brits with help of first nations
Became a symbol of female loyalty and patriotism – symbol of Canadian nationalism
- Secord as an example of white canadian women that have something of value to offer the nation and empire (SARAH CURZON)
- Was used by women’s movement
- Narratives ilustrate relationships to gender and imperialism
Consequences of the War of 1812
Seen as a major victory for the loyalists
Indigenous fighters forgotten and british regulars
ushes Canada away from republicanism; British discourage immigration from U.S.
and now see Americans as potential enemies
* Moves towards conservative, class-stratified society
* Developing sense of nationhood among some
* Loyalty became very important in the political culture and discourse
Canadians overstate role of colonial malitia –> results in loss of land and livelihood of indigenous people
made loyalty a very important thing in political culture discourse
Political Culture (19th century, post war of 1812)
By the 19th C, ppl are challenging concentration of power in the hands of:
- monarchy
- hereditiy landed elite
- state sponsored church
Political discourse from 3 perspectives:
- conservatism
- liberalism
- socialism
British Chartists demand universal male franchise and legal sanctions against political corruption
* Calls for workers to overthrow oppressive regimes
* Conservative elites believe in hierarchy and tradition
* They believe only a few men are qualified to rule
Age of Reform (road to confederation): Responsible Government 1840, 1850
Introduced by British in North America
The executive council now formed by elected officials
Reformers continue to dominate politics in Canada
Power transferred from Brit elites to colonial middle class
Colonial Office maintains control of foreign policy defence
Responsible gov introduced by british north
Why Confederation
- British North American nationalism seen to mute class, cultural cleavages
- nationalist rhetoric across europe and now have canada which has a confused identity. British immigrants mixing with french canadians
- Economically beneficial
- Political instability continues
- A lot of political wrangling, system did not appear to be working
- constitutional committee trying to investigate between east and west. calls for federal union to solve issues
- External pressures
- threat of usa
Period of negotiating and selling confederation
More detailed proposal in quebec
Maritimes still hostile to union
Support for confederation, wanes for a period of time
Have newfoundland pulling out
British North America (BNA), 1867
- Responsible for establishing the DOMINION OF CANADA as a federation of provinces. Supreme law of Canada.
- CAD had autonomy, but still UK had the power to legislate, making CAD a self-governing british colony.
- passed by british parliament in 1867 to create the dominion of canada
- Outlines the structure of government in Canada and the distribution of powers between the central Parliament and the provincial legislatures
Canadian Act 1982
- New act ended power of british parliament to amend CAD constitution.
- Until now, BNAA had functioned as the supreme law of Canada.
“Peace, Order, and Good Government” (POGG)
Section 91 of the BNA of 1867. ABT preserving and respecting rights of provinces and federal government in this union.
Federalism requires the preservation of, and balance between, the jurisdictional authority of the federal and provincial levels of government.
Section 91defines the jurisdiction of the federal government, giving it the power “to make laws for the peace, order and good government of Canada” in all matters not exclusively the jurisdiction of the provinces.
-POGG clause in the Constitution grants the federal government authority to legislate on matters not explicitly assigned to provinces. This makes it a key tool for handling issues unforeseen at the time of Confederation (e.g., climate change, national emergencies).
National Unity and Crisis Management:
Historically, POGG has been invoked to address matters of national importance, such as during wartime or public health crises (e.g., the Spanish Flu or COVID-19 pandemic). It reinforces the federal government’s ability to intervene in areas typically under provincial jurisdiction when necessary for the national interest.
Key point of POGG - balance powers of fed and provincial
Federal and Provincial divide
- Federal: Focus on trade and commerce, postal service, national defence, indigenous ppls, citizenship under the role of the british
- Provincial: property and civil rights, education, social services etc
MEECH LAKE ACCORDS
Quebec wanted more autonomy: setting immigration policy, distict society, constitional ammendment - veto, right to remain outside of cost-sharing welfare, selection of supreme court justice
Creation of a package was made to meet quebec demands.
The Meech Lake Accord (1987) sought to amend the Canadian Constitution to formally recognize Quebec as a “distinct society,” granting it greater autonomy in areas such as immigration, language, and cultural affairs. Additionally, it proposed reforms to strengthen provincial powers, including a veto over constitutional amendments and increased input into Senate and Supreme Court appointments.
Constitution Act, 1982
a part of the patriation process, fully transferred constitutional authority to Canada from Britain, entrenched the Charter of Rights and Freedoms, and introduced an amendment formula for changing the Constitution without requiring British approval.
Kitchen Accord 1981
Levesque wasnt part of the late-night negotiations bc he was staying at a diff hotel
Levesque “i have been stabbed in the back during the night”
An informal late-night where the constitutional negotiations leading to the patriation of the Canadian Constitution. It took place in a kitchen at Ottawa’s Château Laurier hotel, where they reach a formula for the Constitution.
This agreement excluded Quebec’s Premier René Lévesque, sparking significant controversy, as Quebec did not consent to the finalized Constitution Act, 1982. The Kitchen Accord is historically significant for its role in resolving a deadlock but also for fueling long-standing tensions between Quebec and the rest of Canada over constitutional matters. LOL: quebecers view it as english canada and francophone federalists.
notwithstanding clause here
Allows provincial legislatures to temporarily override certain portions of the charter of right snad freedoms
Section 33
Trudeau vs Levesque 1982
18 month long battle - leads to events of April 17.
They represent 2 diff visions of CAD
TRUDEAU = hardline fed – believing future of CAD lay in strong fed gov
LEVESQUE = proud quebecer who sought to free the province from the economic, political and cultural yoke of a federal regime that promised much but delivered little.