The Canada Act Essay Research Paper

The Canada Act Essay, Research Paper

The Canada Act

By 1980 the fundamental law was no longer every bit good suited for the state of Canada. Changes were needed to be made in the fundamental law which had non been touched over the last 113 old ages. The Prime Minister wanted to procure a measure of rights in the fundamental law but besides wanted to patriate the BNA Act. This meant to convey the act from British custodies into Canadian control. In 1931 an earlier effort had been made to patriate the BNA Act. At the clip British Parliament had merely late passed the Statute of Westminster, which gave all rules under British influence complete independency and no longer held them to British Law. This jurisprudence besides applied to Canada but non including the BNA Act. This occurred because the Federal and Provincial authoritiess could non hold on a manner of revising the act. The Provincial Government instead liked this understanding because it kept the federal authorities from traveling out and moving on its ain and go againsting provincial rights. The inquiry of amending the BNA Act was discussed many times after 1931. In 1971 in Victoria an understanding was about made. The states were given 10 yearss to travel over the proposals made in Victoria but Quebec did non hold and it was all scrapped go forthing them at square one one time once more.

Ontario and New Brunswick & # 8217 ; s input on the alterations in the constitution/BNA Act: & # 8211 ; free to transport on concern throughout the state & # 8211 ; should non be restricted by provincial regulations on trade & # 8211 ; one parliament governing Canada & # 8211 ; pull off economic power to administer wealth easy & # 8211 ; provincial wealth should be distributed throughout

Other states, ( chiefly Quebec ) , input on the alterations in the constitution/BNA Act: & # 8211 ; provincial communities are every bit of import to Canadians as was the state provincial authoritiess should better understand the demands of the people & # 8211 ; Ottawa was non the lone voice for Canada & # 8211 ; states wanted more power in federal policies that concerned provincial affairs

In September 1980 another federal

– provincial conference was held to discuss amending the BNA Act once again. Unfortunately there were two conflicting views at these meetings. The Prime Minister, Trudeau, took on the view that we were all β€œCanadians” – not French or English, not Westerners or Easterners. Trudeau thought that Canadians would do best to have all the same freedoms across the country. He wanted to focus on breaking down the provincial barriers and unify Canadians as citizens. October 2, 1980, Prime Minister Trudeau announced that he was going to patriate the constitution on the federal initiative alone. This statement did not go over well with the provinces. The supreme court was consulted on wether this was legal and some changes were made after it was declared legal but a huge break in the traditional methods of doing things. During October and November 1981, last minute negotiations and changes were made and finally an agreement was reached between Ottawa and nine of the provinces on a constitutional package. Of course the disagreeing province was Quebec who refused to go along with the agreement because Quebec had not been given Veto power over amendments. Still the proposals were passed and in March 1982 the British Parliament gave its approval to the newly proposed constitution act. The New Constitution Act included amendments made over the years to the BNA Act. But there were additions that would have effect on the federal system of the future. The new act focuses on strengthening provincial government control over natural resources, defines the principle of equalization which intends to guarantee all Canadians will have access to basic public services no matter where they live. The rights also included protection of both French and English language rights. In a separate section the existing Native rights are also protected. The changes in the BNA Act and Canadas constitution follow in suite to the changing times. The changes made for this day and age may no longer be applicable 50 years from now and once again the act will be reviewed and probably renegotiated.

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