1.1 The British North America Act and the Formation of the Dominion

The British North America Act of 1867 laid the foundation for Canada's confederation. It established the Dominion of Canada as a self-governing federation, uniting four provinces under a new constitution and political system.

This act set up Canada's federal structure, dividing powers between national and provincial governments. It created a parliamentary democracy with responsible government, setting the stage for Canada's development as an independent nation within the British Empire.

Confederation and the Creation of the Dominion

The British North America Act and the Dominion of Canada

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• The British North America Act, passed by the British Parliament in 1867, established the Dominion of Canada as a self-governing federation
• This act served as the foundation for the Canadian Constitution, outlining the structure and division of powers within the new nation
• The Dominion of Canada initially consisted of four provinces: Ontario, Quebec, New Brunswick, and Nova Scotia (expanded to include additional provinces and territories over time)
• The British North America Act, later renamed the Constitution Act, 1867, provided the legal framework for the governance of Canada and the relationship between the federal government and the provinces

Confederation and its Significance

• Confederation refers to the process of uniting the British North American colonies into a single, self-governing entity
• The Confederation movement gained momentum in the 1860s, driven by factors such as the need for a stronger defense against potential American aggression, the desire for economic integration and growth, and the goal of preserving British identity and institutions
• Key figures in the Confederation process included John A. Macdonald, George-Étienne Cartier, and George Brown, who worked to negotiate the terms of union and secure the support of the colonies
• The creation of the Dominion of Canada through Confederation marked a significant step towards greater autonomy and self-governance for the former British colonies, while maintaining ties to the British Empire

Federal System and Division of Powers

Federalism in Canada

• Canada adopted a federal system of government, which involves the division of powers and responsibilities between the national (federal) government and the provincial governments
• Federalism allows for a balance between national unity and regional diversity, enabling provinces to have control over matters of local concern while the federal government handles issues of national importance
• The federal system in Canada has evolved over time, with ongoing debates and negotiations regarding the appropriate balance of powers between the federal and provincial governments

Division of Powers between Federal and Provincial Governments

• The Constitution Act, 1867, outlines the division of powers between the federal and provincial governments in sections 91 and 92
• Federal powers include matters such as defense, currency, trade and commerce, criminal law, and Indigenous affairs
• Provincial powers encompass areas such as education, healthcare, property rights, and the administration of justice
• Some areas, such as agriculture and immigration, are considered shared or concurrent powers, where both levels of government have jurisdiction
• The division of powers has been subject to interpretation and dispute, leading to constitutional debates and court cases to clarify jurisdictional boundaries (examples: natural resource management, environmental regulation)

Parliamentary Democracy

Responsible Government and the Role of the Prime Minister

• Canada's political system is based on the principle of responsible government, which means that the executive branch (the Cabinet and Prime Minister) is accountable to the elected representatives in the House of Commons
• The Prime Minister, typically the leader of the party with the most seats in the House of Commons, is responsible for forming the government and selecting Cabinet ministers
• The Prime Minister and Cabinet are expected to maintain the confidence of the House of Commons, and if they lose that confidence, they must resign or call an election
• The Prime Minister plays a central role in setting the policy agenda, representing Canada internationally, and managing the operations of the federal government

The Bicameral Parliament: Senate and House of Commons

• Canada's Parliament consists of two chambers: the Senate and the House of Commons
• The Senate is the upper house, whose members are appointed by the Governor General on the advice of the Prime Minister, and it serves to provide regional representation and act as a chamber of "sober second thought" in reviewing legislation
• The House of Commons is the lower house, consisting of elected representatives (Members of Parliament) from each riding or electoral district across Canada
• The House of Commons is the primary legislative body, responsible for introducing, debating, and passing bills, as well as holding the government accountable through question periods and confidence votes
• The balance of power between the Senate and the House of Commons has been a topic of ongoing discussion, with debates about Senate reform and the role of appointed senators in a democratic system