Governace Evolution- another format -- email me for ONE page Word.doc

Origins and Evolution of Canada's Constitutional-Monarchy

- "Similar in Principle" means our system IS NOT "exactly the same" as the United Kingdom

-  Sovereignty/Power Flows "Top Down" in Canada, NOT from "Bottom Up"

* Follow progression by dates

UNITED KINGDOM

COLONIAL - Upper & Lower Canada

CANADA 1867

CANADA 1982

* since Glorious Revolution -1688

Constitutional Act of 1791

BNA/Constitution Act 1867

Constitution Act 1982

& Bill of Rights 1689

"Responsible Government"

EXECUTIVE POWER

EXECUTIVE POWER

* no "written" Constitution

Monarch "in Council"

Monarch "in Council"

Monarch "in Council"

Monarch-not obliged to Council

* Monarch MUST accept advice

*can disallow Bills within 2yrs

* can disallow Bills w/in 2yrs s.57

* U.K.'s Canada Act 1982 removes

of Privy Council - NB. in exchange,

*communication only by ship

Lords & House from Cdn law

Minister/Ministry must resign if

Governor General s.12 & s.55

* Disallowance w/in 2yr untouched

Advice was 'bad' / needs reversing

* acts with or without Advice

* BNA Act becomes "Constitution"

Rebellions of 1837-38

*can Withhold Assent or Reserve Bills

wholly amendable here (see below)

Privy Council

*taxes pre-announced Throne Speech

a.k.a.  U.K.Cabinet

* Upper & Lower Canadians

Gov Gen "in Council" s.13

Charter

rebel against arbitrary acts

* ONLY "by & with" Advice

* conditions and limits on existing

House of Lords

of Governor, Chateau Clique

common-law rights added s.1, s.33

Appointed

& Family Compact

Queen's Privy Council of Canada

*pre-existing rights became subject

House of Commons

* Appointed for Life

to Court interpretation & Prov/Prov.

Elected

Lord Durham's Report on

* Independent advisors to GG

declaration(s) of exception(s)

* Member with "support of House"

Cdn. situation -"Two nations

* could / should include top Cabinet

* adds array of grounds for claims

asked by Monarch to "Form a

warring in the bosom of a

Ministers as ex officio members

of "group" discrimination and

gov't " - i.e. assemble a Cabinet

single state" -results in the

exempts laws/programs designed

to run day-to-day affairs

LEGISLATIVE POWER

for "amelioration of conditions of

* Support of House is "source" of

Act of Union 1840

One Parliament s.17 (3 parts)

disadvantaged individuals or groups"

Prime Minister's authority.

* An experiment to

1) Monarch (rep'd. by GG)

assimilate/eliminate the

2) Upper House, 'styled' Senate

Amending Formulae

French& Catholic rights

* Appointed for Life (now till age 75)

* Array of math. and pop. ratios

ROYAL PROCLAMATION of 1763

granted in Quebec Act 1774

* Min. property ownership &net-worth

est. to obtain Provincial Consent

* after War with France, Britain

* Upper&Lower Cda. merged

Qualifications & Disqualifications

*100%consent items=unamendable

obtains Quebec, E.& W. Florida &

into Canada East & West

** $4,000 never adjusted for Inflation!!!

* Bi-lateral amndmnts permit 1 prov.

Grenada as spoils of War

* Complex double majorities

*GG can add 4or8 Sen.(as tie-breaker)

and Confed gov't to change items

* Proclaims British Sovereignty

and dual capitals.

3) Lower House - Commons

affecting only that 1 province.

* Watershed Boundaries estblshd

** Experiment fails

"Democratic Element" - Part 1

~ lands drained by rivers & lakes

* Legislative impasse in Can.

* Individually Elected in Local

N

flowing into St Lawrence River

East & West + threat of war

Constituency ballot by citizens

O

(s/to 13 Colonies & Labrdr bndries)

from USA after Civil War

* Member with "support of House"

* Lands draining into Hudson's Bay

leads to 4 colony/province

asked by GG to "Form a gov't" ie

O

already licensed-Hudson's Bay Co

confederation in 1867

assemble a Cabinet to run affairs

T

* Lands beyond bndry "reserved"

* Support of House is "source" of

H

for "Nations or Tribes of Indians"

Prime Ministers authority.

E

"as their Hunting Grounds."

R

* Prescribes exact process to

Colonial British N. America

PROVINCIAL

acquire title on behalf of Crown

EXECUTIVE POWER

EXECUTIVE POWER

C

Gov Gen in Council s.13

H

QUEBEC ACT 1774

* ONLY "by & with" Advice Privy Cncil

A

* "Act for more effectual Provision

* can disallow Prov Bill w/in 1yr s.90

N

for the Government of … Quebec"

G

* Approves French Language use

Governor/Lt Governor

Lt Governor s.65

E

* Removes penalties against

* decisions subj. to Disallowance

appointed by Governor General

S

"persons professing the Religion

* Assent "by&with" Advice and

* acts with or without Advice s.65

of the Church of Rome"

Consent of Legis.C'ncil&Assembly

* can refuse Assent or Reserve Bills

T

* Re-instates Fr.Civil Code/Justice

* Taxes pre-announced in Speech

Lt Gov in Council s.66

O

* Br. Criminal Law remains in force

from the Throne

* ONLY "by & with" Advice

* Extends Boundary of Quebec to

S

northern shore of Ohio River

Executive Council

Executive Council (Ont Que)

T

Appointed by Governor

specific Mnstr's ex officio members

R

REACTION to Quebec Act

Nova Scotia & New Brunswick

U

Declaration of Independence -1776

carried on as before Confederation

C

* One of their "grievances" reads:

T

"For abolishing the free system

LEGISLATIVE POWER

LEGISLATIVE POWER

U

of English laws in a neighbouring

Legislative Council

Legislative Council (now disbanded)

R

province [Quebec], establishing

Appointed by Governor

Appointed

E

therein an arbitrary government,

and enlarging its boundaries,

Legislative Assembly

Legislative Assembly

O

so as to render it at once an

* Individually elected in Local

"Democratic Element" - Part 2

F

example and fit instrument for

Constituency ballot by property

* Individually elected in Local

introducing the same absolute

owners & qualified ($) ratepayers

Constituency ballotting

G

rule into these colonies."

* Member with "support of House"

* Member with "support of House"

O

asked by Lt.G to "Form a gov't" ie

asked by Lt.G to "Form a gov't" ie

V.

PLUS - Article # 11 of 1777

assemble a Cabinet to run affairs

assemble a Cabinet to run affairs

U.S. "Articles of Confederation"

* Support of House is "source" of

*Support of House is "source" of

M

IX. "Canada acceding to this

Prime Minister/Premier's authority.

Prime Minister/Premier's authority.

O

confederation, and adjoining in the

D

measures of the U.S., shall be

E

admitted into, and entitled to all

L

the advantages of this Union;"