Simone Lawson
The first Canadian constitution was the British North America Act, 1867, now known as the Constitution Act, 1867. The Constitution of Canada is the country's governing legal framework, and it defines the powers of the executive branches of government and the legislatures. The British North America Act, 1867, united the British colonies of the United Province of Canada, Nova Scotia, and New Brunswick. It also codified many previously oral constitutional conventions and outlined Canada's system of government, including the structure of Parliament, the way elections work, the role of the monarchy, and the powers of the executive branch. The Constitution Act, 1867, is part of the Constitution of Canada, which also includes the Constitution Act, 1982, and the Canadian Charter of Rights and Freedoms.
| Characteristics | Values |
|---|---|
| First semblance of a constitution | Royal Proclamation of 1763 |
| Year of first constitution | 1867 |
| Previous name of the Constitution Act, 1867 | British North America Act |
| Other names of the Constitution Act, 1867 | British North America Act, 1867; Constitution Act, 1867 (post-1982); BNA Act |
| First English Parliament | 1275 |
| First semblance of a constitution for Canada | Proclamation, which established an appointed colonial government |
| First semblance of a constitution for Canada until | 1774 |
| First semblance of a constitution for Canada until year's event | British parliament passed the Quebec Act |
| First semblance of a constitution for Canada's impact | Expanded the province's boundaries to the Ohio and Mississippi Rivers |
| First semblance of a constitution for Canada's impact | One of the grievances listed in the United States Declaration of Independence |
| First semblance of a constitution for Canada's impact | Encouraged French Canadian support of continued British rule |
| First semblance of a constitution for Canada's impact | Became one of the "intolerable acts" that prompted the American Revolutionary War (1775–83) |
| First written mention of rights for Indigenous peoples in Canada | Section 35 of the Constitution Act, 1982 |
| First written mention of rights for Indigenous peoples in Canada's impact | Recognizes and affirms Aboriginal rights |
| First written mention of rights for Indigenous peoples in Canada's impact | Helps Indigenous peoples preserve their customs and traditions for future generations |
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What You'll Learn
The first semblance of a constitution for Canada was the Royal Proclamation of 1763
The proclamation line created by the Royal Proclamation of 1763 was not intended to be a permanent boundary between the colonists and Native American lands. Instead, it was meant to be a temporary boundary that could be extended further west in a lawful and orderly manner. However, many colonists disregarded this line and settled west, leading to tension with Native Americans and conflicts such as Pontiac's Rebellion (1763-1766). The proclamation and access to western lands became a point of dispute between Britain and the colonies, contributing to the American Revolution.
The Royal Proclamation of 1763 is recognised as a foundational document in the relationship between First Nations people and the Crown, serving as a basis for treaty-making throughout Canada. It is referred to in Section 25 of the Constitution Act 1982 and continues to be of legal importance to First Nations in Canada, providing the first legal recognition of Aboriginal title, rights, and freedoms. The proclamation imposed a fiduciary duty of care on the Crown and affirmed that Aboriginal title had existed and continued to exist, with all land considered Aboriginal land until ceded by treaty.
While the Royal Proclamation of 1763 was the first semblance of a constitution for Canada, it is important to note that Canada's constitution has roots dating back to the thirteenth century, including England's Magna Carta and the first English Parliament of 1275. The Canadian constitution has evolved over time and is a complex mix of statutes, orders, court decisions, and generally accepted practices known as constitutional conventions. The Constitution Act, 1867 (formerly the British North America Act, 1867) is of central importance, outlining Canada's system of government and the distribution of powers between federal and provincial legislatures.
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The British North America Act, 1867 (now the Constitution Act, 1867)
The first Canadian constitution was called the British North America Act, 1867, and it is now known as the Constitution Act, 1867. It is the most important part of the Canadian Constitution, which is not a single document but a collection of different ones that make up the highest levels of Canadian law.
The British North America Act, 1867, was an act of the British Parliament that outlined Canada's system of government. It combined Britain's Westminster model of parliamentary government with a division of sovereignty (federalism). It was the first of 20 British North America Acts, and it is the most famous as the primary document of Canadian Confederation. The act also codified many previously oral constitutional conventions and made it more difficult to amend the constitution.
The Constitution Act, 1867, is a written document that provides for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom. It recognises Canada as a constitutional monarchy and federal state, and outlines the legal foundations of Canadian federalism. It also outlines the distribution of powers between the federal and provincial legislatures, including the structure of Parliament, the way elections work, the role of the monarchy, and the powers of the executive branch.
The Canadian Constitution has roots going back to the 13th century, including England's Magna Carta and the first English Parliament of 1275. It is composed of several individual statutes, and there are three general methods by which a statute becomes entrenched in the Constitution. The Constitution Act, 1867, is of central importance, and it includes the protection of the rights of Indigenous peoples (Indian, Inuit, and Métis) of Canada. Section 35 of the Act recognises and affirms Aboriginal rights, which are related to the historical occupancy and use of the land by Indigenous peoples.
The current Canadian Constitution was written in 1867 and has been repeatedly amended since then. The "Charter of Rights", outlining the civil rights of every Canadian citizen, was added in 1982.
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The Constitution Act, 1982
Additionally, the Act entrenched provincial jurisdiction over natural resources and provided for future constitutional conferences. It also included a schedule of repeals and renaming of certain constitutional enactments, such as the British North America Act, 1949, which was renamed the Newfoundland Act.
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The Canadian Charter of Rights and Freedoms
The Canadian Constitution has a long and complex history, with roots stretching back to the 13th century. The first semblance of a constitution for Canada was the Royal Proclamation of 1763, which established an appointed colonial government for the newly renamed Province of Quebec. Over the centuries, various acts, statutes, and conventions have contributed to the evolution of Canada's governing legal framework.
The inclusion of the Canadian Charter of Rights and Freedoms in the Constitution Act of 1982 marked a significant step forward in protecting the human rights of Canadians. Prior to this, the Canadian Bill of Rights, passed in 1960, outlined citizens' civil rights, but its impact was limited as it was not a constitutional law enacted by Britain. The 1982 charter, however, elevated these rights to the highest level of Canadian law, ensuring their primacy and enforceability.
The Constitution Act of 1982, with the Canadian Charter of Rights and Freedoms at its core, is the culmination of a centuries-long journey toward a wholly Canadian constitution. The act outlines the process for amending constitutional laws, empowering the Canadian government to modify its own governing framework without British intervention. This "patriation" of the constitution from the United Kingdom to Canada was an important moment in the country's history, symbolizing Canada's sovereignty and independence.
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The British North America Act, 1867 was amended by the Canada Act in 1982
The first semblance of a constitution for Canada was the Royal Proclamation of 1763, which renamed the north-easterly portion of the former French province of New France as the Province of Quebec. The proclamation, which established an appointed colonial government, was the constitution of Quebec until 1774, when the British parliament passed the Quebec Act, which expanded the province's boundaries to the Ohio and Mississippi Rivers.
The British North America Act, 1867, also known as the BNA Act, was the first of 20 British North America Acts and is the most famous as the primary document of Canadian Confederation. It was enacted by the Parliament of the United Kingdom and came into effect on July 1, 1867, marking the date that Canada recognizes as the beginning of its history as a country. The act outlined Canada's system of government, which combines Britain's Westminster model of parliamentary government with the division of sovereignty (federalism). It also set out the distribution of powers between the federal and provincial legislatures, and the legal foundations of Canadian federalism.
In 1982, the British North America Act, 1867, was renamed the Constitution Act, 1867, with the patriation of the constitution. Amendments were also made at this time: section 92A was added, giving the provinces greater control over non-renewable natural resources. The British North America Act, 1867, was amended by the Canada Act, 1982, which gave the Parliament of Canada the power to make limited constitutional amendments. This was achieved through the inclusion of the Canadian Charter of Rights and Freedoms as part of the Constitution, along with a set of procedures allowing the Constitution to be amended in Canada.
The Canadian constitution is composed of several individual statutes, which are collectively called the Constitution Acts 1867 to 1982. It includes core written documents and provisions that are constitutionally entrenched, take precedence over all other laws, and place substantive limits on government action. It also includes the fundamental principles of federalism, democracy, constitutionalism, the rule of law, and respect for minorities. The Constitution is the supreme law of Canada and reaffirms Canada's dual legal system, including Aboriginal rights and treaty rights.
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Frequently asked questions
The Constitution Act of 1867, also known as the British North America Act.
To unite the British colonies of the United Province of Canada, Nova Scotia, and New Brunswick. It also outlined Canada's system of government, including the structure of Parliament, the way elections work, the role of the monarchy, and the powers of the executive branch.
The first Canadian constitution was written in 1867 and has been amended several times since then.
The Constitution Act of 1867 provided a legal framework for Canada's system of government and outlined the distribution of powers between the federal and provincial legislatures. It was of central importance in the Canadian Constitution and is considered one of the most iconic images of modern Canadian history.
The key provisions of the first Canadian constitution included the recognition of Canada as a constitutional monarchy and federal state, the division of powers between the federal and provincial governments, and the protection of rights for Indigenous peoples.
