5.2 The British North America Act and the Creation of the Dominion of Canada
4 min read•august 15, 2024
The 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
Top images from around the web for Constitutional Framework and Government Structure
Act of Union 1840 - Wikipedia, the free encyclopedia View original
Is this image relevant?
Constitution Act, 1867 - Wikipedia View original
Is this image relevant?
Canadian Confederation - Wikipedia View original
Is this image relevant?
Act of Union 1840 - Wikipedia, the free encyclopedia View original
Is this image relevant?
Constitution Act, 1867 - Wikipedia View original
Is this image relevant?
1 of 3
Top images from around the web for Constitutional Framework and Government Structure
Act of Union 1840 - Wikipedia, the free encyclopedia View original
Is this image relevant?
Constitution Act, 1867 - Wikipedia View original
Is this image relevant?
Canadian Confederation - Wikipedia View original
Is this image relevant?
Act of Union 1840 - Wikipedia, the free encyclopedia View original
Is this image relevant?
Constitution Act, 1867 - Wikipedia View original
Is this image relevant?
1 of 3
- British North America Act passed by British in 1867 served as constitutional foundation for Dominion of Canada
- United provinces of Canada ( and ), , and
- 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
- 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 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 (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 ( 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
Key Terms to Review (20)
British North America Act: The British North America Act, enacted in 1867, was a crucial piece of legislation that created the Dominion of Canada by uniting the provinces of Ontario, Quebec, New Brunswick, and Nova Scotia. This act established a federal structure of government, outlining the division of powers between the national and provincial governments and laying the foundation for Canada's political landscape.
Canadian Nationalism: Canadian nationalism is a sense of pride and identity associated with Canada as a distinct nation, emphasizing the importance of unity, independence, and cultural uniqueness among its people. This sentiment emerged through historical events that shaped Canadian identity, particularly in response to external pressures and conflicts. The War of 1812 fostered a sense of collective identity and resilience among Canadians, while the British North America Act laid the foundation for a self-governing Dominion, solidifying the idea of Canada as an independent nation within the British Empire.
Charlottetown Conference: The Charlottetown Conference was a pivotal meeting held in September 1864 where representatives from the Province of Canada, New Brunswick, and Nova Scotia discussed the possibility of creating a federal union. This conference marked the beginning of the process leading to the Confederation of Canada, highlighting key issues such as political representation, economic cooperation, and defense against external threats.
Constitution Act of 1867: The Constitution Act of 1867, originally known as the British North America Act, established the Dominion of Canada by uniting the provinces of Ontario, Quebec, New Brunswick, and Nova Scotia into a single federation. This act laid the groundwork for Canada's federal structure, outlining the division of powers between the federal and provincial governments, while also providing a framework for future expansion and the inclusion of new provinces and territories.
Debates over representation: Debates over representation refer to the discussions and disagreements regarding how political power and legislative seats should be allocated among different regions, populations, or groups within a political system. These debates played a crucial role in shaping the governance of Canada during the formation of its federal structure, particularly as various provinces sought to secure equitable representation in a newly united Canada.
Federalism: Federalism is a political system where power is divided between a central authority and smaller political units, like provinces or states. This structure allows different levels of government to coexist and share responsibilities, ensuring local governance while maintaining national unity. It played a crucial role in shaping the governance and political landscape of Canada, particularly during key moments leading up to its formation as a nation.
George-Étienne Cartier: George-Étienne Cartier was a prominent Canadian politician and lawyer who played a crucial role in the Confederation movement, particularly in the creation of Canada as a nation in 1867. He was a leading advocate for the interests of French Canadians and sought to ensure their inclusion and representation in the new Dominion of Canada. His efforts were vital during the Charlottetown and Quebec Conferences, as well as in the passage of the British North America Act.
Indian Act: The Indian Act is a Canadian federal law that was first enacted in 1876, which governs the relationship between the federal government and Indigenous peoples in Canada. This act aimed to assimilate Indigenous people into Euro-Canadian society, controlling various aspects of their lives, including land use, governance, and cultural practices. The Indian Act is significant because it reflects the government's policies towards Indigenous populations during a time of nation-building and development in Canada.
John A. Macdonald: John A. Macdonald was the first Prime Minister of Canada and a key architect in the creation of the Dominion of Canada in 1867. His leadership during significant conferences helped shape the political landscape of the new nation, making him a pivotal figure in Canadian history, especially during the formative years of Confederation and the challenges faced by the young country.
Language rights: Language rights refer to the legal and social entitlements of individuals or groups to use their native language in various contexts, including education, government, and public life. This concept is crucial for preserving cultural identity and ensuring equitable access to services for speakers of minority languages. Language rights were a significant consideration during the formation of Canada, shaping policies and governance structures that recognized the linguistic diversity within the country.
Maritime union: Maritime union refers to the idea of uniting the British North American colonies located along the Atlantic coast, particularly Nova Scotia, New Brunswick, and Prince Edward Island, to form a more cohesive political and economic partnership. This concept was driven by the need for economic stability, defense against external threats, and increased trade among the colonies, which ultimately influenced the formation of the Dominion of Canada in 1867.
New Brunswick: New Brunswick is one of Canada's eastern provinces, known for its rich history and cultural diversity. The province played a significant role in the early colonial period, especially regarding the Acadian population and the events surrounding the Great Deportation, as well as later in shaping immigration patterns and contributing to the discussions leading up to the Confederation in 1867.
Nova Scotia: Nova Scotia is a Canadian province located on the east coast, known for its rich history, diverse culture, and significant role in early Canadian history. It was one of the first areas of European settlement in North America and played a crucial part during various historical events such as the Acadian deportation, the American Revolution, and the formation of Canada as a nation.
Ontario: Ontario is one of Canada’s ten provinces, located in east-central Canada, and it is the most populous province in the country. Known for its diverse geography and urban centers like Toronto and Ottawa, Ontario played a critical role in the formation of Canada as a nation through its involvement in the British North America Act and the establishment of the Dominion of Canada.
Parliament: Parliament is the supreme legislative body in Canada, responsible for making laws and governing the country. It consists of two houses: the House of Commons, where members are elected, and the Senate, where members are appointed. The establishment of Parliament was a significant aspect of the British North America Act, which laid the foundation for the Dominion of Canada and marked a shift towards self-governance within the British Empire.
Provincial autonomy: Provincial autonomy refers to the degree of self-governance granted to provinces within a larger political framework, allowing them to make decisions and manage their own affairs independently. This concept became particularly significant with the passage of the British North America Act in 1867, which established Canada as a federation, granting provinces their own legislatures and areas of jurisdiction. The shift towards provincial autonomy was a crucial step in recognizing the diverse needs and identities of different regions within the new Dominion of Canada.
Quebec: Quebec is a province in Canada, known for its distinct culture, language, and historical significance. It played a pivotal role in the formation of Canada as a nation, especially during the discussions leading up to the British North America Act of 1867, which established the Dominion of Canada and redefined the political landscape of the region.
Quebec Conference: The Quebec Conference was a pivotal meeting held in October 1864, where representatives from the British North American colonies gathered to discuss the terms of Confederation. It built upon the earlier Charlottetown Conference, where the idea of uniting the colonies was first proposed. The Quebec Conference resulted in the drafting of a framework for a federal union, setting the stage for the eventual creation of Canada as a Dominion.
Senate: The Senate is one of the two houses of the Parliament of Canada, responsible for reviewing and amending legislation proposed by the House of Commons. Established through the British North America Act of 1867, the Senate serves as a chamber of sober second thought, ensuring that laws are carefully examined and that regional interests are represented within the federal government.
Treaty: A treaty is a formal agreement between two or more sovereign states or entities that outlines the rights and obligations of the parties involved. Treaties are significant in international relations as they serve as a legal framework for cooperation, conflict resolution, and the management of shared interests. In the context of the British North America Act and the creation of the Dominion of Canada, treaties were crucial in shaping relationships between Indigenous peoples and colonial governments, influencing governance and territorial rights.