Malcolm Rivera
The Constitutional Act of 1791 was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada, setting the stage for rebellion in the Canadas. The Act's rigid colonial structures, failure to establish responsible government, and granting of more financial powers to appointed councils than elected assemblies contributed to political conflict and the rebellions of 1837-1838. Additionally, the Act's model of constitutional weaknesses in previous colonial governments, including the difficulty of amending constitutions, the lack of established checks and balances, and the potential for power struggles between the executive and legislative branches, highlighted inherent vulnerabilities. The Act's impact on women's suffrage in Lower Canada, where women of property gained and then lost the right to vote, also reveals a weakness in the implementation of inclusive political rights.
| Characteristics | Values |
|---|---|
| Rigid colonial structures | Set the stage for rebellion in the Canadas |
| Boosting the authority and prestige of the governor | Made the governor a true representative of the Crown |
| Limiting the powers of elected assemblies | Gave more financial powers to appointed councils than to elected assemblies |
| Failed to establish responsible government | |
| Did not assimilate each colony's constitution to that of Britain |
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What You'll Learn
Failed to establish responsible government
The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada. The Act was intended to “assimilate” each colony's constitution to that of Britain and address the constitutional weaknesses of previous colonial governments. However, one of the weaknesses of the Constitutional Act was its failure to establish a responsible government.
Firstly, the Constitutional Act fell short in establishing a responsible government by boosting the authority and prestige of the governor at the expense of the elected assemblies. The Act enhanced the governor's role as a representative of the Crown, advised by an executive council. This concentration of power in the hands of the governor and the council limited the influence and decision-making power of the elected assemblies, hindering the development of a truly responsible and accountable government.
Secondly, the Act created independent legislative councils made up of appointed members, modelled on the British House of Lords. These aristocratic bodies were devoted to the interests of the Crown rather than the people, further distancing the government from the principles of responsibility and accountability. The appointed councils were also granted more financial powers than the elected assemblies, which undermined the ability of the elected representatives to govern effectively and respond to the needs and priorities of their constituents.
Additionally, the Constitutional Act's rigid colonial structures set the stage for rebellion in the Canadas, leading to the Rebellions of 1837-38. The Act failed to adequately address the aspirations of the loyalist settlers who had entered Quebec after the American Revolution. These settlers advocated for representative institutions and English common law, but the Act's focus on replicating the British constitutional principles fell short of meeting their demands for a more responsive and representative form of government.
Furthermore, the Act's special provisions, such as the appropriation of crown lands for the support of a Protestant clergy, reflected a fear of egalitarian principles. This indicated that the Act was not designed to foster a culture of inclusivity and equal representation, which are essential aspects of a responsible government. Instead, it perpetuated a system that favoured certain religious groups and maintained a hierarchical structure, undermining the development of a truly inclusive and representative form of governance.
In conclusion, while the Constitutional Act of 1791 had the noble goal of reorganizing British North America and assimilating colonial constitutions to that of Britain, it ultimately fell short in establishing a responsible government. The Act's failure to empower elected assemblies, its creation of aristocratic councils, its disregard for the aspirations of loyalist settlers, and its promotion of religious exclusivity contributed to its inability to establish a truly responsible and accountable government.
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More financial powers for appointed councils than elected assemblies
The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that provided a new constitution for the two colonies of Lower Canada (present-day Quebec) and Upper Canada (present-day Ontario). One of the weaknesses of this Act was that it granted more financial powers to appointed councils than to elected assemblies.
The Act established independent legislative councils made up of appointed members, modelled on the British House of Lords and devoted to the interests of the Crown. These aristocratic bodies served to limit the powers of the elected assemblies. The Act also boosted the authority and prestige of the governor, who represented the Crown, by making him a true representative of the Crown.
The appointed councils had more financial authority than the elected assemblies, which weakened the power of the elected representatives. This was a deliberate feature of the Act, which aimed to reproduce the general principles of the British constitution, including a strong executive branch advised by an aristocratic body.
The financial powers granted to the appointed councils included the authority to levy taxes to pay for local civil and legal administration. This eased the burden on Britain's treasury and gave the colonies more control over their financial affairs. However, the Act also reserved the right to control navigation and regulate external commerce to the Parliament of Great Britain, limiting the financial autonomy of the colonies.
Overall, the Constitutional Act's granting of more financial powers to appointed councils than elected assemblies contributed to the imbalance of power between the two bodies and weakened the position of the elected representatives in the colonies. This feature of the Act was a reflection of the British constitution's emphasis on a strong executive branch and aristocratic institutions.
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Rigid colonial structures set the stage for rebellion
The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada. The Act was a first step towards Confederation, but its rigid colonial structures also set the stage for rebellion in the Canadas, as seen in the Rebellions of 1837-38.
The Act's rigid colonial structures were evident in the boost it gave to the authority and prestige of the governor, making them a true representative of the Crown. This involved limiting the powers of elected assemblies by creating independent legislative councils made up of appointed members. These aristocratic bodies were modelled on the British House of Lords and devoted to the interests of the Crown. The Act also gave more financial powers to these appointed councils than to the elected assemblies, further concentrating power in the hands of the colonial administration.
The Act's colonial structure was also evident in its reproduction of the general principles of the British constitution. It provided for a governor or lieutenant governor in each province, advised by an executive council, a legislative council appointed for life by the governor, and an elected legislative assembly. While the legislative authority of the governor, council, and assembly was defined generously, the Crown in England retained the power to disallow bills. This structure mirrored the British system but did not establish a responsible government in the colonies.
The Constitutional Act's rigid colonial structures also favoured British settlement in Upper Canada and established the Clergy Reserves in this region. This favouritism towards British settlers and the appropriation of land for the support of a Protestant clergy alienated other groups and contributed to the tensions that led to rebellion. The Act's failure to establish a responsible government and its concentration of power in appointed councils rather than elected assemblies likely contributed to the dissatisfaction that fuelled the rebellions of 1837-38.
In conclusion, the Constitutional Act of 1791 established rigid colonial structures that contributed to the tensions and dissatisfaction leading up to the rebellions in the Canadas. Its centralisation of power, favouritism towards British settlers, and failure to establish a truly responsible government were all factors that set the stage for rebellion and highlighted the weaknesses of this Act in addressing the complexities of colonial governance.
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Did not adequately address previous colonial governments' weaknesses
The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that provided a new constitution for the two colonies of Lower Canada (the future Quebec) and Upper Canada (the future Ontario). One of the main objectives of the act was to address the weaknesses of previous colonial governments. However, there are arguments that it did not go far enough in this regard.
Firstly, the Act boosted the authority and prestige of the governor, making them a true representative of the Crown. While this strengthened the position of the governor, it also limited the powers of the elected assemblies. Independent legislative councils made up of appointed members were created, and these bodies were devoted to the interests of the Crown. This meant that more financial power was granted to the appointed councils than to the elected assemblies.
Secondly, the Act failed to establish a responsible government. The legislative authority of the governor, council, and assembly was defined as having the power to make laws "for the peace, welfare, and good government" of the provinces. However, this was under the provision that these laws were not in conflict with the Act, and bills could be disallowed by the Crown in England. Additionally, the right to control navigation and regulate external commerce was reserved for the Parliament of Great Britain.
Furthermore, the Act's rigid colonial structures set the stage for rebellion in the Canadas, as seen in the Rebellions of 1837-38. The Act's attempt to assimilate each colony's constitution to that of Britain may have contributed to this. While it guaranteed the same rights and privileges enjoyed by other subjects in British North America, it also imposed aristocratic bodies modelled on the British House of Lords, which may have contributed to tensions and dissatisfaction among the colonies.
In conclusion, while the Constitutional Act of 1791 aimed to address the weaknesses of previous colonial governments, it did so in a way that favoured the British Crown and limited the powers of elected assemblies. The Act's failure to establish a responsible government and its imposition of rigid colonial structures set the stage for future rebellions and tensions within the colonies.
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Boosted authority of governor, limiting powers of elected assemblies
The Constitutional Act of 1791, also known as the Canada Act, was an act of the British Parliament that divided the Province of Quebec into Upper Canada and Lower Canada. The Act was a first step towards Confederation, but its rigid colonial structures also set the stage for rebellion in the Canadas. The Act was modelled on legislation that had created the colonies of New Brunswick and Cape Breton in 1784.
One of the weaknesses of the Constitutional Act was that it boosted the authority of the governor while limiting the powers of the elected assemblies. The Act enhanced the authority and prestige of the governor by making him a true representative of the Crown. The governor was to be advised by an executive council and was given the power to appoint members to the legislative council for life. These aristocratic bodies were modelled on the British House of Lords and devoted to the interests of the Crown.
The Act limited the powers of the elected assemblies by creating independent legislative councils composed of appointed members. These councils were given more financial powers than the elected assemblies, further diminishing the influence of the elected bodies. The Act also failed to establish a responsible government, and bills passed by the elected assemblies could be disallowed by the Crown in England.
The Constitutional Act of 1791 was a significant step in the political development of what would become Canada. However, its weaknesses, such as boosting the authority of the governor while limiting the powers of elected assemblies, contributed to tensions and ultimately led to rebellions in the Canadas in 1837-38.
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Frequently asked questions
The Constitutional Act, also known as the Canada Act, had several weaknesses. Firstly, it failed to establish a responsible government. Secondly, it granted more financial powers to appointed councils than to elected assemblies, limiting their powers. Lastly, it set the stage for rebellion in the Canadas, which took place in 1837-38.
The Constitutional Act limited the powers of elected assemblies by boosting the authority of the governor, who represented the Crown, and creating independent legislative councils made up of appointed members. These councils were granted greater financial powers than the elected assemblies.
The Constitutional Act divided the Province of Quebec into Upper Canada (the future Ontario) and Lower Canada (the future Quebec), each with its own provincial legislature. This division was one of the Act's main objectives, aimed at "assimilating" the colony's constitution to that of Britain.
