Canada's Constitutional Evolution

The history of the written Canadian Constitutional did not begin in 1982, with the patriation of the British North America Act. Nor did it begin in 1867, when the BNA Act was passed. It began much earlier - before the conquest of New France by British forces and the subsequent documents created to govern its inhabitants. The process was much more an evolution than revolution - a fact that separates Canadians from the United States. This learning activity examines this historical process

Look over the Canadian and American Constitutions:

1. Complete document analysis for the American Constitution and then discuss its historical significance

2. Repeat #1 for the Canadian Constitution: taking into consideration the following question:

• Where does it fit in the movement toward the democracy we have now? The general evolution of Canadian democracy has gone as follows:
• Conquest, military rule
• Rule by a few, "family compact"
• Democratic institutions gradually evolving greater power
• Federal system of parliamentary democracy created
• Gradual movement to universal suffrage and autonomy from Britain
• Patriation of Canadian Constitution - complete autonomy from Britain
• In addition, there have been two forces acting in the Canadian federal system:
• A push to greater power for central government
• A push for greater power in the provinces
• For documents 1867 and after, comment on whether the document and events leading to it favored provincial power, federal power, or neither.
• How did this document affect the status of Quebec in Canada?
• Was there anything that might offend certain parts of the country in this document? Note what they are, and why they would be offensive.

3. Compare and contrast the two documents.

4. Study the American Bill of Rights then the Canadian Charter of Rights and Freedoms. Complete a document analysis and also compare the two documents