5.2 The British North America Act and the Creation of the Dominion of Canada

The British North America Act of 1867 laid the foundation for Canada's government structure and division of powers. It united provinces, established a federal system, and created a constitutional monarchy, setting the stage for the new nation's political and economic development.

The Act's impact on Canada was profound, shaping its political landscape, economic integration, and social policies. It sparked ongoing debates about federal-provincial relations, cultural identity, and the rights of Indigenous peoples, influencing Canada's evolution as a nation.

Provisions of the BNA Act

Constitutional Framework and Government Structure

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• British North America Act passed by British Parliament in 1867 served as constitutional foundation for Dominion of Canada
• United provinces of Canada (Ontario and Quebec), Nova Scotia, and New Brunswick
• Established federal system of government with central parliament and provincial legislatures
• Created constitutional monarchy with British monarch as head of state
• Outlined structure of Canadian government including:
  • Governor General as representative of the monarch
  • Senate as appointed upper house
  • House of Commons as elected lower house
• Defined process for appointing senators and electing members of parliament
  • Senators appointed by Governor General on advice of Prime Minister
  • Members of Parliament elected by popular vote in geographic constituencies
• Provided mechanism for admission of other British North American colonies into Dominion
  • Allowed for future expansion of Canadian federation (Manitoba joined in 1870, British Columbia in 1871)

Language and Constitutional Amendment

• Established English and French as official languages of Parliament of Canada and Quebec legislature
  • Recognized bilingual nature of new nation
  • Set foundation for future language rights and policies
• Remained act of British Parliament requiring British approval for amendments until Constitution Act of 1982
  • Created challenges for constitutional change and sovereignty
  • Led to patriation movement in 20th century to bring constitution fully under Canadian control

Division of Powers in Canada

Federal Jurisdiction

• BNA Act established clear division of powers between central government and provinces in Sections 91 and 92
• Federal government granted exclusive jurisdiction over matters of national importance:
  • Trade and commerce (regulation of interprovincial and international trade)
  • Military and defense (maintaining armed forces, declaring war)
  • Criminal law (creating and enforcing criminal statutes)
  • Currency and banking (issuing money, regulating financial institutions)
  • Indigenous affairs (treaties, land claims, services for First Nations)
• Introduced concept of "residual powers" granting federal authority over areas not explicitly assigned to provinces
  • Allowed federal government to address new issues not foreseen in 1867 (air travel, telecommunications)

Provincial Jurisdiction

• Provincial governments given authority over local matters:
  • Education (primary, secondary, and post-secondary institutions)
  • Healthcare (hospitals, medical services)
  • Property and civil rights (property laws, contract enforcement)
  • Administration of justice within provincial boundaries (courts, law enforcement)
• Concurrent powers established in certain areas allowing both levels to legislate:
  • Agriculture (crop research, farm support programs)
  • Immigration (selection and settlement of immigrants)
• Federal government given power of disallowance to overrule provincial legislation
  • Rarely used in modern times due to political implications
  • Last used in 1943, creating tension between federal and provincial governments

Impact of the BNA Act

Political and Economic Effects

• Fundamentally shaped Canada's political structure balancing national unity with regional autonomy
  • Created framework for cooperative federalism (federal-provincial conferences, fiscal arrangements)
• Facilitated creation of national market through federal control over:
  • Trade and commerce (elimination of interprovincial trade barriers)
  • Currency (establishment of Canadian dollar as national currency)
  • Banking (creation of national banking system)
• Promoted economic integration and growth across newly united provinces
  • Enabled construction of transcontinental railway (completed in 1885)
  • Encouraged development of national industries (manufacturing, resource extraction)

Social and Cultural Implications

• Division of powers impacted social policy development:
  • Provinces led in education resulting in diverse educational systems (Quebec's distinct system)
  • Healthcare became provincial responsibility leading to creation of medicare in 1960s
• Recognition of English and French as official languages laid groundwork for official bilingualism
  • Influenced development of language rights (Official Languages Act of 1969)
  • Shaped Canada's linguistic and cultural identity as a bilingual nation
• Framework for admission of new provinces enabled territorial expansion
  • Influenced patterns of settlement across country (western expansion, northern development)
  • Impacted resource development in new regions (Prairie agriculture, BC forestry)

Ongoing Debates and Tensions

• Constitutional structure source of ongoing debate and negotiation
  • Quebec sovereignty movement challenged federal-provincial balance
  • Western alienation arose from perceived centralization of power in Ottawa
• Implementation led to tensions with groups not fully represented in confederation process
  • Indigenous peoples faced loss of land and cultural suppression (Indian Act of 1876)
  • Métis resistance in Red River (1869-1870) and North-West Rebellion (1885)
• Subject to interpretation and modification through constitutional amendments and judicial decisions
  • Judicial Committee of Privy Council rulings shaped federal-provincial relations until 1949
  • Patriation of constitution in 1982 added Charter of Rights and Freedoms