Omar Bennett
The British North America Act, 1867, also known as the BNA Act, was insufficient as a constitution for Canada as it lacked a domestic amending formula, did not treat all provinces as equal, and did not include a ringing 'We, the people' proclamation. The BNA Act was enacted by the British Parliament and created the Dominion of Canada, outlining the structure of the government and the distribution of powers between the central Parliament and the provincial legislatures. However, it was not a constitution made for the people of Canada and did not include all the necessary components of a constitution, leading to a constitutional crisis in 1980 when Prime Minister Pierre Trudeau attempted to patriate the Constitution without provincial consent.
| Characteristics | Values |
|---|---|
| Did not empower the people | Lacked a "We, the people" proclamation |
| Did not address all provinces as equal | The Prairie provinces, for example, did not possess rights to their natural resources for 25 years after becoming provinces |
| Did not address the bilingual character of Canada | Recognised English and French as the languages of the courts and legislature in Quebec, but did not have an official French-language version |
| Did not allow Canada to amend its own constitution | Until 1982, Canada had to seek permission from Britain to amend its constitution |
| Did not address all aspects of the constitution | The Act is complemented by British and Canadian statutes that have constitutional effect, such as the Canada Elections Act |
Explore related products
What You'll Learn
It was a constitution made for governments, not the people
The British North America Act (BNA Act) of 1867, now known as the Constitution Act, was insufficient as a constitution because it was a constitution made for governments, not the people.
Richard Gwyn writes in his book, "John A: The Man Who Made Us," that the BNA Act was a compromise between those who wanted a strong central government and those who favoured decentralization. The act created the Dominion of Canada, uniting the three separate territories of Canada, Nova Scotia, and New Brunswick into a single entity under the sovereignty of the British Monarch. It also established a federal government and Parliament in Ottawa, along with provincial legislatures.
The BNA Act outlined the structure of government and the distribution of powers between the central Parliament and the provincial legislatures. Sections 91 and 92 of the act dealt with the division of powers, with Section 91 listing federal powers such as criminal law and the military, and Section 92 outlining provincial powers. The act also specified the number of representatives each province would have in the House of Commons, with Ontario receiving 82, Quebec 65, Nova Scotia 19, and New Brunswick 15.
However, the BNA Act lacked a "ringing 'We, the people' proclamation," indicating that it was more concerned with defining the rights of government and the division of powers rather than the rights of citizens. The act did not suggest that all provinces were constitutionally equal, and certain provinces did not possess equal rights to their natural resources. Additionally, the act gave the federal government power over "Indians and Lands reserved for the Indians," which has had significant implications for Indigenous peoples in Canada.
In summary, while the BNA Act was important in creating Canada and establishing its governmental structure, it was insufficient as a constitution because it prioritized the rights of governments over the rights of citizens and lacked a strong proclamation of the rights of the people.
Australian Constitution: Understanding Our Nation's Foundation
You may want to see also
It didn't treat all provinces as constitutionally equal
The British North America Act, 1867 (BNA Act), now known as the Constitution Act, 1867, was a law passed by the British Parliament that created the Dominion of Canada. It outlined the structure of the Canadian government and the distribution of powers between the central Parliament and the provincial legislatures. However, it has been criticised for not treating all provinces as constitutionally equal.
Unlike the US Constitution, which treats all states as equal, the BNA Act did not suggest that all provinces were constitutionally equal. This is evident in the fact that the Prairie provinces, unlike the original four provinces of Confederation, did not possess rights to their natural resources for 25 years after becoming provinces. This inequality in the treatment of provinces was also reflected in the division of powers outlined in the BNA Act. Sections 91 and 92 of the Act outlined the federal and provincial powers, respectively, with federal powers dealing with national matters like criminal law and the military, and provincial powers focusing on local and regional matters. However, the federal government was given a veto over any provincial statute in Section 90, which some British judges perceived as excessive centralism.
The BNA Act also enabled confessional schools in Quebec and, later, Newfoundland (Section 93) and recognised French and English as the languages of the courts and legislature in Quebec (Section 133). This bilingual character of Canada was a fundamental part of the compromise that led to Confederation. However, it also contributed to the asymmetrical nature of the federation, with some provinces having rights and privileges that others did not.
The BNA Act's failure to treat all provinces as constitutionally equal led to a constitutional crisis in 1980 when Prime Minister Pierre Trudeau attempted to patriate the Constitution from Britain without provincial consent. The Supreme Court of Canada ruled that his proposal was unconstitutional, highlighting the need for a domestic amending formula in the BNA Act. This crisis was eventually resolved in April 1982 with federal-provincial consensus, leading to the patriation of the Canadian Constitution and the renaming of the BNA Act to the Constitution Act, 1982.
In conclusion, the BNA Act's failure to treat all provinces as constitutionally equal created imbalances in power and privileges between different provinces. This inequality contributed to a constitutional crisis and ultimately led to the Act's amendment and renaming as the Constitution Act. While the BNA Act played a crucial role in the creation of Canada, its shortcomings had to be addressed to ensure a more balanced and equitable distribution of powers among the provinces.
Road User Agreements: Defining Damage and Liability
You may want to see also
It lacked a domestic amending formula
The British North America Act, 1867 (BNA Act), now known as the Constitution Act, 1867, was a law passed by the British Parliament that created the Dominion of Canada. It came into effect on 1 July 1867 and united the three separate territories of Canada, Nova Scotia, and New Brunswick into a single dominion called Canada.
The BNA Act outlined the structure of the government in Canada and the distribution of powers between the central Parliament and the provincial legislatures. However, one of the main issues with the BNA Act was its lack of a domestic amending formula, which led to a constitutional crisis in 1980.
The absence of a domestic amending formula meant that Canada needed Britain's approval to amend its constitution. This issue became apparent when Prime Minister Pierre Trudeau attempted to patriate the Constitution from Britain without obtaining provincial consent. In September 1981, the Supreme Court deemed his proposal unconstitutional. As a result, "patriation" was only achieved in April 1982 with the consensus of both the federal and provincial governments.
The inability of Canada to amend its constitution independently was described as an "astonishing and absurd historical anomaly" by a British MP in 1964. This incident highlighted the need for a domestic amending formula in the BNA Act, which eventually led to the patriation of the Canadian constitution in 1982.
In conclusion, the lack of a domestic amending formula in the BNA Act was a significant shortcoming that resulted in a constitutional crisis and highlighted the need for Canada to have the authority to amend its constitution without British intervention. This issue was ultimately addressed with the patriation of the Constitution in 1982, marking a pivotal moment in Canada's constitutional history.
The Evolution of Copyright Clause in the Constitution
You may want to see also
Explore related products
It didn't include an official French-language version
The British North America Act (BNA Act), now known as the Constitution Act, was insufficient as a constitution because it did not include an official French-language version. While the BNA Act recognised both English and French as the languages of the courts and legislature in Quebec, it lacked an official French-language version, which was a significant omission.
The BNA Act was enacted by the British Parliament on March 29, 1867, and came into effect on July 1 of the same year. It created the Dominion of Canada by uniting three separate territories: Canada, Nova Scotia, and New Brunswick. The Act established a federal government and Parliament in Ottawa, along with provincial legislative assemblies. While it provided for the use of both English and French in the Parliament of Canada and recognised the bilingual nature of the country, the absence of an official French-language version of the BNA Act itself was a shortcoming.
The French Constitutional Drafting Committee produced translations of all the British North America Acts pursuant to the Constitution Act of 1982, but these have not been enacted by the federal and provincial governments and are therefore not official. This means that only the English version of the BNA Act is officially recognised, despite the bilingual heritage of Canada.
The lack of an official French-language version of the BNA Act is particularly notable given the importance of language in the Act itself. The Act outlines the use of English and French in the courts and legislature of Quebec and allows for the use of either language in the Parliament of Canada and in legal proceedings. However, without an official French-language version of the Act itself, there may be discrepancies or misunderstandings in the interpretation of the law.
The BNA Act's failure to include an official French-language version highlights a disregard for the bilingual nature of Canada and the importance of language in the country's legal system. This omission is significant, especially considering the Act's role in shaping the country's constitution and the daily lives of Canadians even today.
Understanding the Constitution: Section 3 Powers
You may want to see also
It didn't allow Canada to amend its own constitution
The British North America Act (BNA Act) was enacted by the British Parliament on 29 March 1867 and came into effect on 1 July 1867. It united the three separate territories of Canada, Nova Scotia, and New Brunswick into a single dominion called Canada. The BNA Act was Canada's constitution until 1982.
One of the main reasons the BNA Act was insufficient as a constitution was that it did not allow Canada to amend its own constitution. This meant that Canada had to seek permission from Britain to make any changes to its constitution. This situation was described by a British MP in 1964 as an "astonishing and absurd historical anomaly".
The inability of Canada to amend its constitution led to a constitutional crisis in 1980 when Prime Minister Pierre Trudeau attempted to patriate the Constitution from Britain without provincial consent. The Supreme Court of Canada ruled that Trudeau's proposal was unconstitutional, and "patriation" was only achieved in April 1982 with federal-provincial consensus.
The BNA Act was renamed the Constitution Act in 1982, and Canada gained the power to amend its own constitution. The Canadian versions of the Constitution Acts can now be amended only in Canada and are part of the Constitution of Canada. This marks a significant step towards Canada's independence and self-governance.
In conclusion, the inability of Canada to amend its constitution under the BNA Act was a major shortcoming that led to a constitutional crisis and highlighted the need for Canada to have the authority to make changes to its own governing document. The subsequent renaming of the BNA Act to the Constitution Act and the transfer of amending powers to Canada addressed this insufficiency and brought the Canadian Constitution in line with the country's evolving needs and status.
Citizens United v. FEC: Free Speech or Corruption?
You may want to see also
Frequently asked questions
The BNA Act, or British North America Act, was insufficient as a constitution because it was a constitution made for governments, not the people. It did not contain the entire Constitution of Canada, and was complemented by British and Canadian statutes that had constitutional effects.
The BNA Act did not include a "We, the people" proclamation. It did not treat all provinces as constitutionally equal, and did not grant the Prairie provinces the right to their natural resources for 25 years after becoming provinces.
The BNA Act was amended in 1982, but until then, Canada could not amend its own constitution. This led to a constitutional crisis in 1980 when Prime Minister Pierre Trudeau tried to patriate the Constitution from Britain without provincial consent.
