Misplaced Pages

#906093

119-720: The first federal riding of York East was created by the British North America Act of 1867 . Called the East Riding of York, it consisted of the Townships of Markham , Scarborough , the Village of Yorkville and the portion of the Township of York lying east of Yonge Street . In 1882, it was redefined to consist of the townships of East York , Scarborough and Markham, and the villages of Yorkville and Markham. The electoral district

238-710: A preamble declaring that the three provinces New Brunswick , Nova Scotia , and the Province of Canada (which later became Ontario and Quebec ) have requested to form "one Dominion ...with a Constitution similar in Principle to that of the United Kingdom ". This description of the Constitution has proven important in its interpretation. As Peter Hogg wrote in Constitutional Law of Canada , some have argued that, since

357-498: A Dominion ended when Canadian parliament declared war on Germany on 9 September 1939, separately and distinctly from the United Kingdom's declaration of war six days earlier. By the 1950s, the term Dominion of Canada was no longer used by the United Kingdom, which considered Canada a "Realm of the Commonwealth". The government of Louis St. Laurent ended the practice of using Dominion in the statutes of Canada in 1951. This began

476-706: A common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". The British government of Lloyd George had emphasised the use of the capital "D" when referring to the Irish Free State in the Anglo-Irish Treaty to assure it the same constitutional status in order to avoid confusion with the wider term "His Majesty's dominions", which referred to the British Empire as

595-443: A common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster . In the 1920s and 1930s, they began to represent themselves in international bodies, in treaty making, and in foreign capitals. Later India , Pakistan , and Ceylon (now Sri Lanka ) also became dominions for short periods. With

714-637: A copy of any Federal legislation that has been assented to. Then, within two years after the receipt of this copy, the (British) Monarch in Council could disallow an Act. Thirdly, at least four pieces of Imperial legislation constrained the Canadian legislatures. The Colonial Laws Validity Act of 1865 provided that no colonial law could validly conflict with, amend, or repeal Imperial legislation that either explicitly, or by necessary implication, applied directly to that colony. The Merchant Shipping Act of 1894, as well as

833-744: A new federation named Canada from 1867. This was instituted by the British Parliament in the British North America Act, 1867 (see also Canadian Confederation ) . Section 3 of the Act referred to the new entity as a "Dominion", the first such entity to be created. From 1870 the Dominion included two vast neighbouring British territories without self-government: Rupert's Land and the North-Western Territory ; together these became over time

952-643: A president of Ireland. At the same time, a law delegating functions to the King, not as King in Ireland but as the symbol of the co-operation amongst Commonwealth countries with which Ireland associated itself, continued to apply in external relations. The last statutory functions of the King with respect to Ireland were abolished in 1949 . The Balfour Declaration of 1926 , and the subsequent Statute of Westminster , 1931, restricted Britain's ability to pass or affect laws outside of its own jurisdiction. Until 1931, Newfoundland

1071-653: A substantive role as a representative of the British government, and ultimate executive power was vested in the British Monarch —who was advised only by British ministers in its exercise. Canada's independence came about as each of these sub-ordinations was eventually removed. When the Dominion of Canada was created in 1867, it was granted powers of self-government to deal with all internal matters, but Britain still retained overall legislative supremacy. This Imperial supremacy could be exercised through several statutory measures. In

1190-678: A territory ceases to recognise the monarch as head of state, this status is changed by statute. Thus, for example, the British Ireland Act 1949 , recognised that the Republic of Ireland had "ceased to be part of His Majesty's dominions". The foundation of "Dominion" status followed the achievement of internal self-rule in British Colonies, in the specific form of full responsible government (as distinct from " representative government "). Colonial responsible government began to emerge during

1309-606: A whole. At the time of the founding of the League of Nations in 1924, the League Covenant made provision for the admission of any "fully self-governing state, Dominion, or Colony", the implication being that "Dominion status was something between that of a colony and a state". With the adoption of the Statute of Westminster 1931 , Britain and the Dominions (except Newfoundland) formed

SECTION 10

#1732851684907

1428-767: Is hereby declared to continue and be vested in the Queen ". In section 10, the Governor General or an administrator of the government , is designated as "carrying on the Government of Canada on behalf and in the Name of the Queen". Section 11 creates the King's Privy Council for Canada . Section 12 states that the statutory powers of the executives of the former provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, and New Brunswick continue to exist, until modified by subsequent legislation. To

1547-642: Is in a delimited federal competency like those listed under section 91 (see e.g. AG Canada v AG Ontario (Labour Conventions) , [1937] AC 326 (PC)). In 2019, the Saskatchewan Court of Appeal sided with the federal government in a 3–2 split on the Greenhouse Gas Pollution Pricing Act , allowing an expansion of the federal government's taxation power over the provinces in the wake of the climate change crisis, concurrently as Parliament joined with other national legislatures in declaring that

1666-526: Is mastered or ruled". It was used by the British to describe their colonies or territorial possessions. Use of dominion to refer to a particular territory within the British Empire dates back to the 16th century and was sometimes used to describe Wales from 1535 to around 1800: for instance, the Laws in Wales Act 1535 applies to "the Dominion, Principality and Country of Wales". Dominion , as an official title,

1785-402: Is now central and eastern Canada for almost 20 years. The Fathers of Confederation simply continued the system they knew, the system that was already working, and working well. The constitutional scholar Andrew Heard argues that Confederation did not legally change Canada's colonial status to anything approaching its later status of a Dominion. At its inception in 1867, Canada's colonial status

1904-415: Is that it was achieved with a minimum of legislative amendments. Much of Canada's independence arose from the development of new political arrangements, many of which have been absorbed into judicial decisions interpreting the constitution—with or without explicit recognition. Canada's passage from being an integral part of the British Empire to being an independent member of the Commonwealth richly illustrates

2023-712: The British North America Act, 1867 ( BNA Act ), is a major part of the Constitution of Canada . The act created a federal dominion and defines much of the operation of the Government of Canada , including its federal structure , the House of Commons , the Senate , the justice system , and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by

2142-557: The Canadian Citizenship Act, 1946 , following which the British Nationality Act 1948 created Commonwealth citizenship and the Dominions subsequently created their own citizenships. As Heard later explained, the British government seldom invoked its powers over Canadian legislation. British legislative powers over Canadian domestic policy were largely theoretical and their exercise was increasingly unacceptable in

2261-584: The British Commonwealth of Nations . Dominions asserted full legislative independence, with direct access to the Monarch as Head of State previously reserved only for British governments. It also recognised autonomy in foreign affairs, including participation as autonomous countries in the League of Nations with full power over appointing ambassadors to other countries. Following the Second World War ,

2380-688: The British Parliament , including this Act, were renamed. However, the acts are still known by their original names in records of the United Kingdom . Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources . The long title is "An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government Thereof; and for Purposes Connected Therewith." The act begins with

2499-637: The Canadian Encyclopedia (1999), "The word came to be applied to the federal government and Parliament, and under the Constitution Act, 1982, 'Dominion' remains Canada's official title." Usage of the phrase Dominion of Canada was employed as the country's name after 1867, predating the general use of the term Dominion as applied to the other autonomous regions of the British Empire after 1907. The phrase Dominion of Canada does not appear in

SECTION 20

#1732851684907

2618-591: The Governor General in Council as the governor general acting with the advice of the Privy Council. Section 14 allows the Governor General to appoint deputies to exercise their powers in various parts of Canada. The Commander-in-Chief of all armed forces in Canada continues to be vested in the King under Section 15. Section 16 declares Ottawa to be the seat of government for Canada. The Parliament of Canada comprises

2737-583: The Maritime Provinces and the Western Provinces (at the time of the Union, there were 72 senators). Section 23 lays out the qualifications to become a senator. Senators are appointed by the governor general under Section 24 (which until the 1929 judicial decision in Edwards v Canada (AG) was interpreted as excluding women), and the first group of senators was proclaimed under section 25. Section 26 allows

2856-515: The Second Boer War (1899–1902). The self-governing colonies contributed significantly to British efforts to stem the insurrection, but ensured that they set the conditions for participation in these wars. Colonial governments repeatedly acted to ensure that they determined the extent of their participation in imperial wars in the military build-up to the First World War . The assertiveness of

2975-511: The Union of South Africa in 1910. In connection with proposals for the future government of British North America, use of the term "Dominion" was suggested by Samuel Leonard Tilley at the London Conference of 1866 discussing the confederation of the Province of Canada (subsequently becoming the provinces of Ontario and Quebec ), Nova Scotia and New Brunswick into "One Dominion under

3094-491: The exclusive jurisdiction of a section 96 court. To validate the jurisdiction of a federal or provincial tribunal it must satisfy a three-step inquiry first outlined in Reference Re Residential Tenancies Act (Ontario) . The tribunal must not touch upon what was historically intended as the jurisdiction of the superior court. The first stage of inquiry considers what matters were typically exclusive to

3213-568: The seats of government of the first four provinces (Ontario, Quebec, Nova Scotia, New Brunswick), but also allows those provinces to change their seats of government. Sections 69 and 70 establishes the Legislature of Ontario, comprising the lieutenant governor and the Legislative Assembly of Ontario , and Sections 71 to 80 establishes the Parliament of Quebec , which at the time comprised

3332-455: The " White Dominions ". Four colonies of Australia had enjoyed responsible government since 1856: New South Wales, Victoria, Tasmania and South Australia. Queensland had responsible government soon after its founding in 1859. Because of ongoing financial dependence on Britain, Western Australia became the last Australian colony to attain self-government in 1890. During the 1890s, the colonies voted to unite and in 1901 they were federated under

3451-665: The 1867 act nor in the Constitution Act, 1982 , but does appear in the Constitution Act, 1871 , other contemporaneous texts, and subsequent bills. References to the Dominion of Canada in later acts, such as the Statute of Westminster , do not clarify the point because all nouns were formally capitalised in British legislative style. Indeed, in the original text of the Constitution Act, 1867 , "One" and "Name" were also capitalised. Frank Scott theorised that Canada's status as

3570-434: The 1870s and 1880s. The rise to the status of a Dominion and then full independence for Canada and other possessions of the British Empire did not occur by the granting of titles or similar recognition by the British Parliament but by initiatives taken by the new governments of certain former British dependencies to assert their independence and to establish constitutional precedents. What is remarkable about this whole process

3689-625: The 1945 conclusion of the Second World War into the modern Commonwealth of Nations (after which the former Dominions were often referred to as the Old Commonwealth ), finalised in 1949, the dominions became independent states, either as Commonwealth republics or Commonwealth realms . In 1925, the British government created the Dominion Office from the Colonial Office , although for

York East (federal electoral district) - Misplaced Pages Continue

3808-724: The British Crown as the Commonwealth of Australia by the Commonwealth of Australia Constitution Act . The Constitution of Australia had been drafted in Australia and approved by popular consent. Thus Australia is one of the few countries established by a popular vote. Under the Balfour Declaration of 1926 , the federal government was regarded as coequal with (and not subordinate to) the British and other Dominion governments, and this

3927-688: The Colonial Courts of Admiralty Act of 1890 required reservation of Dominion legislation on those topics for approval by the British Government. Also, the Colonial Stock Act of 1900 provided for the disallowance of any Dominion legislation the British government felt would harm British stockholders of Dominion trustee securities. Most importantly, however, the British Parliament could exercise the legal right of supremacy that it possessed over common law to pass any legislation on any matter affecting

4046-525: The Commons under Section 53 and must be proposed by the governor general (i.e. the government) under section 54. Sections 55, 56, and 57 allow the governor general to assent to in the Queen's name, withhold assent to or "reserve" for the "signification of the Queen's pleasure" any bill passed by both houses. Within two years of the governor general's royal assent to a bill, the Queen-in-Council may disallow

4165-502: The Commons, under Section 37, consists of 308 members : 106 for Ontario, 75 for Quebec, 11 for Nova Scotia, 10 for New Brunswick, 14 for Manitoba, 36 for British Columbia, 4 for Prince Edward Island, 28 for Alberta, 14 for Saskatchewan, 7 for Newfoundland and Labrador, 1 for Yukon, 1 for the Northwest Territories, and 1 for Nunavut. The House is summoned by the governor general under Section 38. Section 39 forbids senators to sit in

4284-455: The Commons. Section 41 divides the provinces in electoral districts and Section 41 continues electoral laws and voting qualifications of the time, subject to revision. Section 44 allows the house to elect its own speaker and allows the House to replace the speaker in the case of death (Section 45) or prolonged absence (47). A speaker is required to preside at all sittings of the House (46). Quorum for

4403-412: The Commonwealth, and this term hence refers to the realms and republics. After this the term dominion , without its legal dimension, stayed in use thirty more years for those Commonwealth countries which had the crown as head of state. Gradually, particularly after 1953, the term was replaced by the term realm , as equal realms of the crown of the Commonwealth. The term dominion means "that which

4522-576: The Crown to add four or eight senators at a time to the Senate, divided among the divisions, but according to section 27 no more senators can then be appointed until, by death or retirement, the number of senators drops below the regular limit of 24 per division. The maximum number of senators was set at 113, in Section 28. Senators are appointed for life (meaning until age 75 since 1965), under Section 29, though they can resign under Section 30 and can be removed under

4641-400: The Crown , were notionally foreign territory and not "within the crown's dominions". When these territories—including protectorates and protected states (a status with greater powers of self-government), as well as League of Nations mandates (which later became United Nations Trust Territories )—were granted independence and at the same time recognised the British monarch as head of state,

4760-551: The Crown and the Indigenous peoples of the Great Lakes basin together in a familial relationship, a relationship that exists to this day, exemplified by First Nations attendance at the coronation of King Charles III . Treaty rights would be incorporated into the 1982 Constitution. Section 91(27) gives Parliament the power to make law related to the "criminal law, except the constitution of courts of criminal jurisdiction, but including

4879-452: The Indians". Aboriginal Affairs and Northern Development Canada (AANDC), formerly known as Indian and Northern Affairs Canada (INAC), has been the main federal organization exercising this authority. This empowered the Canadian government to act as if the treaties between the Indigenous peoples and the British Crown preceding Confederation did not exist. The Treaty of Niagara of 1764 bound

York East (federal electoral district) - Misplaced Pages Continue

4998-448: The King and two chambers (the House of Commons of Canada and the Senate of Canada ), as created by section 17. Section 18 defines its powers and privileges as being no greater than those of the British parliament . Section 19 states that Parliament's first session must begin six months after the passage of the act. The Senate has 105 senators (Section 21), most of whom represent (Section 22) one of four equal divisions: Ontario, Quebec,

5117-435: The Name of Canada", the first federation internal to the British Empire. Tilley's suggestion was taken from the 72nd Psalm , verse eight, "He shall have dominion also from sea to sea, and from the river unto the ends of the earth", which is echoed in the national motto, " A Mari Usque Ad Mare ". The new government of Canada under the British North America Act, 1867 began to use the phrase "Dominion of Canada" to designate

5236-555: The National Assembly of Quebec. All federal and Quebec laws must be enacted in both languages, and both language versions have equal authority. Section 146 allows the federal government to negotiate the entry of new provinces into the Union without the need to seek the permission of the existing provinces. Section 147 establishes that Prince Edward Island and Newfoundland would have 4 senators upon joining Confederation. Dominion List of forms of government A dominion

5355-505: The North American British "Provinces" (colonies) of Canada, New Brunswick, and Nova Scotia. Section 3 established that the union would take effect within six months of passage of the act and Section 4 confirmed "Canada" as the name of the country (and the word "Canada" in the rest of the act refers to the new federation and not the old province). Section 5 listed the four provinces of the new federation. Those were formed by dividing

5474-431: The Provincial Provinces power over the competency of education, but there are significant restrictions designed to protect minority religious rights. This is due that it was created during a time when there was a significant controversy between Protestants and Catholics in Canada over whether schools should be parochial or non-denominational. Section 93(2) specifically extends all pre-existing denominational school rights into

5593-403: The UK Government. After protracted negotiations (that initially included New Zealand), six Australian colonies with responsible government (and their dependent territories) agreed to federate, along Canadian lines, becoming the Commonwealth of Australia in 1901. In South Africa, the Cape Colony became the first British self-governing Colony, in 1872. (Until 1893, the Cape Colony also controlled

5712-486: The United Kingdom act granting independence declared that such and such a territory "shall form part of Her Majesty's dominions", and so become part of the territory in which the Queen exercises sovereignty , not merely suzerainty . Under British nationality law , the status of "Dominion" ceased to exist on January 1, 1949, when it was decided that each Dominion would enact laws pertaining to its own citizenship. However, "Dominion status" itself never ceased to exist within

5831-419: The United Kingdom had some freedom of expression in 1867, the preamble extended this right to Canada even before the enactment of the Canadian Charter of Rights and Freedoms in 1982; this was a supposed basis for the Implied Bill of Rights . In New Brunswick Broadcasting Co. v. Nova Scotia , the leading Canadian case on parliamentary privilege, the Supreme Court of Canada grounded its 1993 decision on

5950-508: The United Kingdom. Section 96 authorizes the federal government to appoint judges for "the Superior, District, and County Courts in each Province". No provinces have district or county courts anymore, but all provinces have superior courts. Although the provinces pay for these courts and determine their jurisdiction and procedural rules, the federal government appoints and pays their judges. Historically, this section has been interpreted as providing superior courts of inherent jurisdiction with

6069-422: The act is not the Constitution of Canada's only preamble. The Charter also has a preamble . Part I consists of just one extant section. Section 1 gives the short title of the act as Constitution Act, 1867 . Section 2 , repealed in 1893, originally stated that all references to the Queen (then Victoria ) equally apply to all her heirs and successors. The act established the Dominion of Canada by uniting

SECTION 50

#1732851684907

6188-540: The act states: "Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom   ..." Furthermore, Sections 3 and 4 indicate that the provinces "shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly". According to

6307-408: The act; and within two years of the governor general's reservation, the Queen-in-Council may assent to the bill. The basic governing structures of the provinces are laid out in Part V of the act. (Specific mentions are made to the four founding provinces, but the general pattern holds for all the provinces.) Each province must have a lieutenant governor ( Section 58 ), who serves at the pleasure of

6426-455: The approval of its own legislature, Britain suspended self-government in Newfoundland and instituted a " Commission of Government ", which continued until Newfoundland became a province of Canada in 1949. Canada, Australia, New Zealand, the Irish Free State, Newfoundland and South Africa (prior to becoming a republic and leaving the Commonwealth in 1961), with their large populations of European descent, were sometimes collectively referred to as

6545-523: The better Administration of the Laws of Canada". Section 92(14) gives the provincial legislatures the power over the "Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction". This power includes the creation of both the superior courts , both of original jurisdiction and appeal, as well as inferior tribunals. Superior courts are known as "courts of inherent jurisdiction", as they receive their constitutional authority from historical convention inherited from

6664-442: The better Administration of the Laws of Canada". Parliament has used this power to create the Supreme Court of Canada and lower federal courts. It has created the Supreme Court under both branches of s. 101. The lower federal courts, such as the Federal Court of Appeal , the Federal Court , the Tax Court of Canada and the Court Martial Appeal Court of Canada are all created under the second branch, i.e. as "additional Courts for

6783-400: The changes in the constitutional relationship between the countries that continued to share a common sovereign with the United Kingdom led to the upper case term Dominion falling out of use. The Dominions Office was formally changed to the Commonwealth Relations Office in 1947. The status of "Dominion" established by the Statute of Westminster in 1931 was capitalised to distinguish it from

6902-436: The colonies. For decades, the Dominions did not have their own embassies or consulates in foreign countries. International travel and commerce were transacted through British embassies and consulates. For example, matters concerning visas and lost or stolen passports of Dominion citizens were carried out at British diplomatic offices. In the late 1930s and early 1940s, Dominion governments established their own embassies,

7021-423: The constitutional authority to hear cases. The "section 96 courts" are typically characterized as the "anchor" of the justice system around which the other courts must conform. As their jurisdiction is said to be "inherent", the courts have the authority to try all matters of law except where the jurisdiction has been taken away by another court. However, courts created by the federal government under section 101 or by

7140-414: The court at the time of Confederation in 1867. In Sobeys Stores Ltd. v. Yeomans (1989) the Supreme Court stated that the "nature of the disputes" historically heard by the superior courts, not just the historical remedies provided, must be read broadly. If the tribunal is found to intrude on the historical jurisdiction of the superior court, the inquiry must turn to the second stage which considers whether

7259-400: The creation of the Imperial War Cabinet in 1917, which gave them a say in the running of the war. Dominion status as self-governing states, as opposed to symbolic titles granted various British colonies, waited until 1919, when the self-governing Dominions signed the Treaty of Versailles independently of the British government and became individual members of the League of Nations. This ended

SECTION 60

#1732851684907

7378-454: The current provinces of Manitoba , Saskatchewan , and Alberta , and the three current territories, the Northwest Territories , Yukon and Nunavut . In 1871, the Crown Colony of British Columbia became a Canadian province, as did Prince Edward Island in 1873. Newfoundland , having become a Dominion itself in 1907, was restored to direct British rule in 1934, finally joining Canada in 1949 after referendums . The conditions under which

7497-428: The empire. The Colony of New Zealand , which chose not to take part in Australian federation, became the Dominion of New Zealand on 26 September 1907; Newfoundland became a Dominion on the same day. The Union of South Africa was referred to as a Dominion upon its creation in 1910. The initiatives and contributions of British colonies to the British war effort in the First World War were recognised by Britain with

7616-445: The extent those pre-Confederation statutory powers now came within provincial jurisdiction, they could be exercised by the lieutenant governors of the provinces, either alone or by the advice of the provincial executive councils. To the extent the pre-Confederation statutory powers now came within federal jurisdiction, they could be exercised by the Governor General, either with the advice of the Privy Council or alone. Section 13 defines

7735-471: The federal Divorce Act is valid legislation, even though the Divorce Act has some incidental effects on child custody , which is usually considered to be within the provincial jurisdictions of "civil rights" (s. 92(13)) and "matters of a private nature" (s. 92(16)). Section 92(10) allows the federal government to declare any "works or undertakings" to be of national importance, and thereby remove them from provincial jurisdiction. Sections 93 and 93A give

7854-405: The federal Parliament the legislative power to implement treaties entered to by the British government on behalf of the Empire. With the acquisition of full sovereignty by Canada, this provision has limited effect. Section 133 establishes English and French as the official languages of the Parliament of Canada and the Legislature of Quebec. Either language can be used in the federal Parliament and

7973-419: The federal and provincial governments share power over agriculture and immigration. Either order of government can make laws in this area, but in the case of a conflict, federal law prevails. The authority over the judicial system in Canada is divided between Parliament and the provincial Legislatures. Section 101 gives Parliament power to create a "general court of appeal for Canada" and "additional Courts for

8092-422: The federal government is liable for the debts of the provinces (Sections 111–116). It establishes the tradition of the federal government supporting the provinces through fiscal transfers (Section 119). It creates a customs union which prohibits internal tariffs between the provinces ( Sections 121 –124). Section 125 prevents one order of government from taxing the lands or assets of the other. Section 132 gives

8211-433: The federal government power over divorce and marriage. On this basis, Parliament can legislate on the substantive law of marriage and divorce. However, the provinces have power over the procedural law governing the solemnization of marriage (section 92(12)). There are also several instances of overlap in laws relating to marriage and divorce, which in most cases is solved through interjurisdictional immunity . For instance,

8330-440: The first place, the British North America Act of 1867 provided in Section 55 that the Governor General may reserve any legislation passed by the two Houses of Parliament for "the signification of Her Majesty's pleasure", which is determined according to Section 57 by the British Monarch in Council. Secondly, Section 56 provides that the Governor General must forward to "one of Her Majesty's Principal Secretaries of State" in London

8449-412: The first two of which were established by Australia and Canada in Washington, D.C. , in the United States. Until 1948 any resident of a British colony or Dominion had the status of British subject . In 1935 the Irish Nationality and Citizenship Act created a separate status of Irish national , but stopped short of creating a full citizenship. Canada was the first to create its own citizenship with

8568-431: The former Province of Canada into two: its two subdivisions, Canada West and Canada East , renamed Ontario and Quebec , respectively, become full provinces in Section 6. Section 7 confirmed that the boundaries of Nova Scotia and New Brunswick are not changed. And Section 8 provided that a national census of all provinces must be held every ten years. Section 9 confirms that all executive authority "of and over Canada

8687-609: The four separate Australian colonies— New South Wales , Tasmania , Western Australia , South Australia —and New Zealand could gain full responsible government were set out by the British government in the Australian Constitutions Act 1850 . The Act also separated the Colony of Victoria (in 1851) from New South Wales. During 1856, responsible government was achieved by New South Wales, Victoria, South Australia, and Tasmania, and New Zealand. The remainder of New South Wales

8806-420: The function of the tribunal and whether it operates as an adjudicative body. The final step assesses the context of the tribunal's exercise of power and looks to see if there are any further considerations to justify its encroachment upon the superior court's jurisdiction. Not all courts and tribunals have jurisdiction to hear constitutional challenges. The court, at the very least, must have jurisdiction to apply

8925-455: The governor general (Section 59), whose salary is paid by the federal parliament (Section 60), and who must swear the oath of allegiance (Section 61). The powers of a lieutenant governor can be substituted for by an administrator of government (Sections 62 and 66). All provinces also have an executive council (Sections 63 and 64). The lieutenant governor can exercise executive power alone or " in council " (Section 65). Section 68 establishes

9044-482: The greater scope of British law, because acts pertaining to "Dominion status", such as the Statute of Westminster 1931 , have not been repealed in both the United Kingdom and historic Dominions such as Canada. The term "within the crown's dominions" continues to apply in British law to those territories in which the British monarch remains head of state, and the term "self-governing dominion" is used in some legislation. When

9163-458: The house is set at 20 members, including the speaker by Section 48. Section 49 says that the speaker cannot vote except in the case of a tied vote. The maximum term for a house is five years between elections under Section 50. Section 51 sets out the rules by which Commons seats are to be redistributed following censuses, allowing for more seats to be added by section 52. " Money bills " (dealing with taxes or appropriation of funds) must originate in

9282-487: The island "shall be annexed to and form part of His Majesty's dominions". Dominion status was formally accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference to designate "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by

9401-457: The law. In N.S. v. Martin; N.S. v. Laseur (2003) the Supreme Court re-articulated the test for constitutional jurisdiction from Cooper v. Canada . The inquiry must begin by determining whether the enabling legislation gives explicit authority to apply the law. If so, then the court may apply the constitution. The second line of inquiry looks into whether there was implied authority to apply

9520-509: The law. This can be found by examining the text of the act, its context, and the general nature and characteristics of the adjudicative body. See Section Twenty-four of the Canadian Charter of Rights and Freedoms for the jurisdiction of the Charter . This Part lays out the financial functioning of the government of Canada and the provincial governments. It establishes a fiscal union where

9639-639: The lieutenant governor, the Legislative Assembly of Quebec (renamed in 1968 to the National Assembly of Quebec ), and the Legislative Council of Quebec (since abolished). The legislatures are summoned by the Lieutenant Governors (Section 82). Section 83 prohibits provincial civil servants (excluding cabinet ministers) from sitting in the provincial legislatures. Section 84 allows for existing election laws and voting requirements to continue after

9758-606: The mid-19th century. The legislatures of Colonies with responsible government were able to make laws in all matters other than foreign affairs, defence and international trade, these being powers which remained with the Parliament of the United Kingdom . Nova Scotia soon followed by the Province of Canada (which included modern southern Ontario and southern Quebec ) were the first colonies to achieve responsible government, in 1848. Prince Edward Island followed in 1851, and New Brunswick and Newfoundland in 1855. All except for Newfoundland and Prince Edward Island agreed to form

9877-449: The more general sense of "within the crown's dominions". The phrase the crown's dominions or His/Her Majesty's dominions is a legal and constitutional phrase that refers to all the realms and territories of the British sovereign, whether independent or not. These territories include the United Kingdom and its colonies, including those that had become Dominions. Dependent territories that had never been annexed and were not colonies of

9996-450: The nation was in a " climate emergency " on 17 June. In Grant Huscroft 's dissenting opinion on the Court of Appeal for Ontario , he provides that "counsel for Canada conceded that the act was not passed on the basis that climate change constitutes an emergency". Section 91(24) of the act provides that the federal government has the legislative jurisdiction for "Indians and lands reserved for

10115-523: The new, larger country. However, neither the Confederation nor the adoption of the title of "Dominion" granted extra autonomy or new powers to this new federal level of government. Senator Eugene Forsey wrote that the powers acquired since the 1840s that established the system of responsible government in Canada would simply be transferred to the new Dominion government: By the time of Confederation in 1867, this system had been operating in most of what

10234-514: The next five years they shared the same secretary in charge of both offices. "Dominion status" was first accorded to Canada , Australia , New Zealand , Newfoundland , South Africa , and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926 , recognising Great Britain and the Dominions as "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by

10353-509: The part of the county of York lying south of the township of Markham, east of Yonge Street and north of the city of Toronto. In 1952, it was redefined to consist of the township of East York and the part of North York township bounded south of Lawrence Avenue and east of the town of Leaside and Leslie Street. In 1966 and 1976, it was redefined with reference to various streets and rivers in Metropolitan Toronto . The electoral district

10472-499: The peace, order, and good government of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces". Although the text of the act appears to give Parliament residuary powers to enact laws in any area that has not been allocated to the provincial governments , subsequent Privy Council jurisprudence held that the "peace, order, and good government" power

10591-479: The phasing out of the use of Dominion , which had been used largely as a synonym of "federal" or "national" such as "Dominion building" for a post office, "Dominion-provincial relations", and so on. The last major change was renaming the national holiday from Dominion Day to Canada Day in 1982. Official bilingualism laws also contributed to the disuse of Dominion , as it has no acceptable equivalent in French. While

10710-502: The post-Confederation era. Section 94 allows for the provinces that use the British-derived common law system, in effect all but Quebec, to unify their property and civil rights laws. This power has never been used. Under Section 94A, the federal and provincial governments share power over Old Age Pensions. Either order of government can make laws in this area, but in the case of a conflict, provincial law prevails. Under Section 95,

10829-535: The preamble. Moreover, since the UK had a tradition of judicial independence , the Supreme Court ruled in the Provincial Judges Reference of 1997 that the preamble shows judicial independence in Canada is constitutionally guaranteed. Political scientist Rand Dyck criticized the preamble in 2000, saying it was "seriously out of date". He claimed the act "lacks an inspirational introduction". The preamble to

10948-468: The procedure in criminal matters". It was on this authority that Parliament enacted and amends the Criminal Code . However, under section 92(14), the provinces are delegated the power to administer justice, "including the constitution, maintenance, and organization of provincial courts, both of civil and criminal jurisdictions, and including procedure in civil matters in both courts". This provision allows

11067-563: The provinces powers over the "prisons". This means that offenders sentenced to two years or more go to federal penitentiaries while those with lighter sentences go to provincial prisons. Section 92(13) gives the Provinces the exclusive power to make law related to " property and civil rights in the province". In practice, this power has been read broadly to give the provinces authority over numerous matters such as professional trades, labour relations , and consumer protection. Section 91(26) gives

11186-640: The provinces to create the courts of criminal jurisdiction and to create provincial police forces such as the OPP and the Sûreté du Québec (SQ) . As a matter of policy dating back to Confederation, the federal government has delegated the prosecutorial function for almost all criminal offences to the provincial Attorneys General. Crown Prosecutors appointed under provincial law thus prosecute almost all Criminal Code offences across Canada. Section 91(28) gives Parliament exclusive power over "penitentiaries" while section 92(6) gives

11305-462: The provincial government under 92(14) are generally not allowed to intrude on the core jurisdiction of a section 96 court. The scope of the core jurisdiction of section 96 courts has been a matter of considerable debate and litigation. When commencing litigation a court's jurisdiction may be challenged on the basis that it does not have jurisdiction. The issue is typically whether the statutory court created under section 101 or 92(14) has encroached upon

11424-427: The provisions regarding money votes, royal assent, reservation and disallowance, as established for the federal Parliament to the provincial legislatures but with the governor general in the role of the Queen-in-Council. The powers of government are divided between the provinces and the federal government and are described in sections 91 to 95 of the act. Sections 91 and 92 are of particular importance, as they enumerate

11543-521: The purely colonial status of the Dominions. The Irish Free State , set up in 1922 after the Anglo-Irish War , was the third Dominion to appoint a non-UK born, non-aristocratic Governor-General when Timothy Michael Healy , following the tenures of Sir Gordon Drummond in Canada and of Sir Walter Edward Davidson and Sir William Allardyce in Newfoundland, took the position in 1922. Dominion status

11662-538: The self-governing countries was recognised in the Imperial Conference of 1907 which, on the motions of the Prime Ministers of Canada and Australia, introduced the idea of the Dominions as self-governing countries by referring to Canada and Australia as Dominions. It also retired the name "Colonial Conference" and mandated that meetings take place regularly to consult the Dominions in running the foreign affairs of

11781-420: The self-governing polities of Canada and the Commonwealth of Australia were referred to collectively as Dominions for the first time. Two other self-governing colonies — New Zealand and Newfoundland —were granted the status of Dominion in the same year. These were followed by the Union of South Africa in 1910. The Order in Council annexing the island of Cyprus in 1914 declared that, from 5 November 1914,

11900-562: The separate Colony of Natal .) Following the Second Boer War (1899–1902), the British Empire assumed direct control of the Boer Republics , but transferred limited self-government to Transvaal in 1906, and the Orange River Colony in 1907. The Commonwealth of Australia was recognised as a Dominion in 1901, and the Dominion of New Zealand and the Dominion of Newfoundland were officially given Dominion status in 1907, followed by

12019-666: The subjects for which each jurisdiction can enact a law, with section 91 listing matters of federal jurisdiction and section 92 listing matters of provincial jurisdiction. Sections 92A and 93 and 93A are concerned with non-renewable natural resources and education, respectively (both are primarily provincial responsibilities). Section 94 leaves open a possible change to laws regarding property and civil rights , which so far has not been realized. Sections 94A and 95, meanwhile, address matters of shared jurisdiction, namely old age pensions (section 94A) and agriculture and immigration (section 95). Section 91 authorizes Parliament to "make laws for

12138-524: The term may be found in older official documents, and the Dominion Carillonneur still tolls at Parliament Hill , it is now hardly used to distinguish the federal government from the provinces or (historically) Canada before and after 1867. Nonetheless, the federal government continues to produce publications and educational materials that specify the currency of these official titles. The Constitution Act, 1982 does not mention and does not remove

12257-428: The terms of section 31, in which case the vacancy can be filled by the governor general (Section 32). Section 33 gives the Senate the power to rule on its own disputes over eligibility and vacancy. The speaker of the Senate is appointed and dismissed by governor general under Section 34. Quorum for the Senate is (initially) set at 15 senators by Section 35, and voting procedures are set by Section 36. The composition of

12376-435: The title, and therefore a constitutional amendment may be required to change it. The word Dominion has been used with other agencies, laws, and roles: Notable Canadian corporations and organisations (not affiliated with government) that have used Dominion as a part of their name have included: Ceylon , which, as a Crown colony, was originally promised "fully responsible status within the British Commonwealth of Nations",

12495-419: The transition of the British Empire into the Commonwealth of Nations after World War II, it was decided that the term Commonwealth country should formally replace dominion for official Commonwealth usage. This decision was made during the 1949 Commonwealth Prime Ministers' Conference when India was intending to become a republic , so that both types of governments could become and remain full members of

12614-439: The union. Section 85 sets the life of each legislature as no more than four years, with a session at least once every twelve months under Section 86. Section 87 extends the rules regarding speakers, by-elections, quorum, etc., as set for the federal House of Commons to the legislatures of Ontario and Quebec. Section 88 simply extends the pre-union constitutions of those provinces into the post-Confederation era. Section 90 extends

12733-569: The various colonies they incorporated could have done separately. They provided a new model which politicians in New Zealand, Newfoundland, South Africa, Ireland, India, Malaysia could point to for their own relationship with Britain. Ultimately, "[Canada's] example of a peaceful accession to independence with a Westminster system of government came to be followed by 50 countries with a combined population of more than 2-billion people." Issues of colonial self-government spilled into foreign affairs with

12852-556: The way in which fundamental constitutional rules have evolved through the interaction of constitutional convention, international law, and municipal statute and case law. What was significant about the creation of the Canadian and Australian federations was not that they were instantly granted wide new powers by the Imperial centre at the time of their creation; but that they, because of their greater size and prestige, were better able to exercise their existing powers and lobby for new ones than

12971-516: The wishes of the opposition and officials in London. The governments of the states (colonies before 1901) remained under the Commonwealth but retained links to the UK until the passage of the Australia Act 1986 . The term Dominion is employed in the Constitution Act, 1867 (originally the B ritish North America Act, 1867 ), and describes the resulting political union. Specifically, the preamble of

13090-413: Was abolished in 1903 when it was redistributed between Toronto North , York Centre and York South ridings. In 1914, the East Riding of York was recreated out of York Centre and York South ridings, and was defined as consisting of the township of Scarboro, and the eastern portion of the city of Toronto south of Danforth Avenue and east of Pape Avenue. The electoral district was abolished in 1924 when it

13209-412: Was abolished in 1987 when it was redistributed between Beaches—Woodbine , Broadview—Greenwood , Don Valley West and Don Valley East ridings. This riding has elected the following members of Parliament : British North America Act of 1867 [REDACTED] Canada portal The Constitution Act, 1867 ( French : Loi constitutionnelle de 1867 ), originally enacted as

13328-410: Was any of several largely self-governing countries of the British Empire , once known collectively as the British Commonwealth of Nations . Progressing from colonies, their degrees of colonial self-governance increased unevenly over the late 19th century through the 1930s. Vestiges of empire lasted in some dominions well into the late 20th century. With the evolution of the British Empire following

13447-419: Was conferred on the Colony of Virginia about 1660 and on the Dominion of New England in 1686. Under the British North America Act, 1867 , the partially self-governing colonies of British North America were united into the Dominion of Canada. The new federal and provincial governments split considerable local powers, but Britain retained overall legislative supremacy. At the 1907 Imperial Conference ,

13566-525: Was divided in three in 1859, a change that established most of the present borders of NSW; the Colony of Queensland , with its own responsible self-government, and the Northern Territory (which was not granted self-government prior to federation of the Australian Colonies). Western Australia did not receive self-government until 1891, mainly because of its continuing financial dependence on

13685-525: Was given formal legal recognition in 1942 (when the Statute of Westminster was adopted retroactively to the commencement of the Second World War in 1939). In 1930, the Australian prime minister, James Scullin , reinforced the right of the overseas Dominions to appoint native-born governors-general, when he advised King George V to appoint Sir Isaac Isaacs as his representative in Australia, against

13804-473: Was marked by political and legal subjugation to British Imperial supremacy in all aspects of government—legislative, judicial, and executive. The Imperial Parliament at Westminster could legislate on any matter to do with Canada and could override any local legislation, the final court of appeal for Canadian litigation lay with the Judicial Committee of the Privy Council in London, the Governor General had

13923-421: Was never popular in the Irish Free State where people saw it as a face-saving measure for a British government unable to countenance a republic in what had previously been the United Kingdom of Great Britain and Ireland . Successive Irish governments undermined the constitutional links with the United Kingdom. In 1937 Ireland, as it renamed itself, adopted a new republican constitution that included powers for

14042-416: Was redistributed between Toronto—Scarborough and York South ridings. In 1933, the riding of York East was created from parts of York North and York South ridings, and was defined as consisting of the part of the county of York lying south of the township of Whitchurch, east of Yonge Street, and north of the city of Toronto, and including the village of Stouffville. In 1947, it was redefined to consist of

14161-888: Was referred to as a colony of the United Kingdom, as for example, in the 1927 reference to the Judicial Committee of the Privy Council to delineate the Quebec-Labrador boundary. Full autonomy was granted by the United Kingdom parliament with the Statute of Westminster in December 1931. By the request of Australia and New Zealand, the Statute of Westminster was not applied automatically to those two Dominions until their own parliaments confirmed it. Being economically close to Britain and dependent on it for defence, they did not do so until 1942 for Australia and 1947 for New Zealand . In 1934, following Newfoundland's economic collapse, and with

#906093