Canada's Constitution defines the country's political structure and outlines the relationship between government and citizens. It establishes Canada as a monarchy with a parliamentary system consisting of a House of Commons and two levels of government - federal and provincial. The Constitution is based on the rule of law and limits governmental power through laws. It has evolved through several historical acts, with the British North America Act of 1867 initially outlining Canada's federal system and division of powers. The Constitution Act of 1982 entrenched the Charter of Rights and Freedoms and updated the amendment formula.

1. Canada’ s Constitution

2. Background
Defines the political structure of the country
Outlines the relationship between
government and the people

3. Outlines structure of government
Canada is a monarchy
Provides a parliament of which the H of C is
most important part
Establishes two levels of government, federal
and provincial
Establishes three branches of government,
legislative, executive, judicial

4. What is it based on?
Rule of Law = guarantees all Canadians both
justice and equality before the law
No one is above the laws of the land
Governments power is limited by the laws of
the land

5. History of Constitution
 Royal Proclamation of 1763
 Quebec Act of 1774
 Constitutional Act of 1791
 Act of Union 1840
 British North America Act 1867
 Constitution Act 1867, originally called the British North
America Act 1867. It outlined Canada's system of
government.
 Constitution Act 1982

6. Royal Proclamation 1763
Confirmed British control of Great Lakes
area and St Lawrence.
Declared that English Laws and
institutions as well as English language
would prevail in politics of Quebec
French language and Catholicism
tolerated

7. Quebec Act of 1774
Emphasize that English criminal law would be
emphasized in colony
Restored the use of Civil Code which is still in
use in Quebec
French speakers could hold positions in public
office

8. Constitutional Act 1791
Divided Quebec into two parts, Upper and
Lower Canada
Lower Canada = English Criminal Law and
French Civil code
Upper Canada = English Criminal Law and
English Common Law

9. Constitutional Act cont’ d…
All colonies of North America granted
representative government
Only male property owners could vote
Frustration grew over the lack of power the
elected officials had
One of major causes of rebellions of 1837 and
1838

10. Act of Union 1840
Was recommended that two Canada’s be
reunited
Under reunification both would be
represented equally in the Senate and
elected assembly
French was widely used in proceedings
Late 1840’s responsible government
came into being

11. Responsible Government
Executive branch of government is
answerable to and must act on the
decisions of the legislative branch.

12. British North America Act 1867
 By 1860’s colonies becoming dissatisfied with political
structure
 In 1867, confederation occurred between the Canada’s, New
Brunswick, and Nova Scotia.
 Known as the BNA Act of 1867or the Constitution Act of
1867.
 Divided Canada into Ontario and Quebec
 Four provinces in confederation
 The division of powers between the federal and provincial
governments was initially outlined in the BNA Act. It created
the idea of the federal system or federalism.

13. BNA Act continued….
Made up of 147 sections divided into eight categories:
1.) Terms of Union
2.) Executive Power
3.) Legislative Power
4.) Judicial Power
5.) Revenue and Taxation
6.) Provincial Institutions
7.) Distribution of Legislative Power
8.) Admission of other colonies into Confederation

14. Amendments to BNA
Amending formula = method by which
changes could be made to BNA
Who has right to suggest changes?
Struggle between responsibilities of federal
government and provinces.
Traditionally done by Britain making Canada
not really sovereign.

15. Changes to Constitution
Many federal-provincial arguments during the
1960’s and 1970’s
The Quiet Revolution in Quebec marked the
beginning of a period of Change for the
Canadian constitution.
Quebec began to consider separation
To persuade Quebec, Prime Minister Trudeau
and his government offered a new
constitutional arrangement

16. Change to Constitution
 Constitution Act 1982 included:
 Charter of Rights and Freedoms to protect
Quebec’s interests
 Amending formula = 7 of 10 provinces
representing 50% of population of Canada