Canada's
law derives not only from a set of documents known as Constitution
Acts, but also a set of unwritten laws and conventions. This comprises
all of the acts passed since 1867. As a result, all constitutional documents
during that time period have the force of law.
The
British North America Act, 1867
The
British North America Act, 1867 (BNA Act, 1867) was passed by
the British Parliament in 1867. It is the law that created the Canadian
Confederation. Many other Acts called British North America Act
were later passed, amending the 1867 Act, or adding to it.
A
federation usually consists of at least two main levels of government
- local states or provinces, and a federal government. Canada is no
different. However, these levels can't share the same powers, as that
would lead to direct competition and chaos.
The
BNA Act was passed to set the legal ground rules for Canada, and divvy
up the powers between the provinces and the federal government.
Section
91 of the BNA Act lists the powers the federal Parliament can exercise.
Section 92 lists the powers of the Provincial Legislatures. Unless the
parties agree otherwise, the federal government must not make laws dealing
with matters of provincial jurisdiction, and vice versa. If one party
does pass a law that intrudes on the jurisdiction of the other, the
courts will strike it down.
Some
of the key areas of federal and provincial responsibility are:
Federal
The
Public Debt and Property.
The
Regulation of Trade and Commerce.
The
Raising of Money by any Mode or System of Taxation.
Postal
Service.
Militia,
Military and Naval Service, and Defense.
Navigation
and Shipping.
Currency
and Coinage.
Banking,
Incorporation of Banks, and the Issue of Paper Money.
Indians,
and Lands reserved for the Indians.
Naturalization
and Aliens.
Marriage
and Divorce.
The
Criminal Law.
Provincial
Direct
Taxation within the Province in order to the raising of a Revenue
for Provincial Purposes.
The
Management and Sale of the Public Lands belonging to the Province
and of the Timber and Wood thereon.
The
Establishment, Maintenance, and Management of Hospitals, Asylums,
Charities.
Shop,
Saloon, Tavern, Auctioneer, and other Licences in order to the raising
of a Revenue for Provincial, Local, or Municipal Purposes.
Local
Works and Undertakings.
The
Solemnization of Marriage in the Province.
Property
and Civil Rights within the Province.
The Administration of Justice in the Province.
Generally
all Matters of a merely local or private Nature in the Province.
You may notice
that religion isn't mentioned anywhere.
In
1982, the power to amend Canada's Constitution is repatriated - brought
home to Canada from Britain - and the new Act is called the Constitution
Act, 1982.
The
BNA Act is not repealed, just re-named. It becomes part of the new Constitution
as the Constitution Act, 1867.
Canada
Expands to Nationhood
After
the American Revolution two new provinces were created; Ontario and
New Brunswick, to accommodate the United Empire Loyalists who were
moving out of the United States.
In
1867 four provinces, Quebec, Ontario, New Brunswick and Nova Scotia joined
to form Canada. Other events followed quickly:
1868
- Rupert's Land was purchased and added to Canada;
1870
- Manitoba was carved out of a portion Rupert's Land;
1871
- There was union with British Columbia on the promise to expedite
the completion of the cross Canada railway;
1873
- Prince Edward Island joined confederation;
1880
- Manitoba acquired more territory from Northwest Territories;
1886
- Islands and territories adjacent to Rupert's Land were added;
1898
- Yukon Territory formed out of Northwest Territories;
1905
- Alberta and Saskatchewan became provinces;
1912
- Manitoba, Ontario and Quebec acquired territory from Northwest Territories
to form their present boundaries;
1949
- Newfoundland, which includes Labrador, joined confederation;
1999
- Nunavut was formed out of the eastern part of Northwest Territories.
Canadian Constitutional Law.
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