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With the passing of the British North America Act in 1867,
Canada became a Dominion in the British Commonwealth and John
A. Macdonald became Canada's first prime minister. This did
not mean that it was a fully independent country, though. It remained
a colony of Britain for many more years.
Growing independence from Britain and early struggles between the
provinces and the federal government are hallmarks of this period.
Topics in this section:
The British North America Act, 1867
Resistance to Confederation
The Provinces Flex their Muscles
Growing Independence from Britain
The Crucible of War
Other Interesting or Important Documents
The British North America Act, 1867
Three provinces joined the new Confederation: the Province of Canada
(which later became Ontario and Québec), Nova Scotia and
New Brunswick. The British North America Act was intended
to balance the forces that were pushing the old Province of Canada
apart with the forces that had pushed all the provinces together.
Important elements included:
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The power of the Governor General in Council to disallow any
provincial law within a year of getting a copy of the legislation.
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A division of powers between the federal parliament and the
provinces.
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Parliament could assume any powers that were not specifically
allocated, and had the power to act for "peace, order and
good government."
Thus, the provinces had secure power over some areas such as education.
Québec could keep its civil law and its distinctiveness was
recognized. The federal government, however, was theoretically stronger
than its counterparts in the United States or Switzerland, increased
by the power of the Governor General in Council to appoint Senators.
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The British North America Act,
1867 is now called the Constitution Act,
1867. This happened because the Schedule
of the Constitution Act, 1982, changed
the names of many Acts. (These acts will be called
by their original names on this site, with a note
referring to the new name.)
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Resistance to Confederation
Not everyone welcomed the British North America Act. Prince
Edward Island and Newfoundland opted out and did not join until
1871 and 1949, respectively.
In 1868, a strong repeal movement gained force in Nova Scotia.
A repeal government won 36 of 38 seats in the provincial legislature,
and 18 out of 19 federal Members of Parliament were separatists.
They argued that the province could not join Confederation without
a popular vote (say, a plebiscite).
The French-speaking population of Canada was also sharply divided,
a fact that was reflected in the first election after Confederation
in 1867.
Debate
on the union of the provinces in the House of Assembly of Nova
Scotia, March 16th, 18th, and 19th, 1867
The British government disagreed. Given the choice of rebellion
against British authority and submission, most Nova Scotians chose
submission.
The Provinces Flex their Muscles
The division of powers between the provinces and the federal government
was far from settled by the British North America Act, 1867.
The provinces fought federal intervention on several occasions by
turning to the Judicial
Committee of the Privy Council (JCPC) in Britain. The JCPC ruled
on several key occasions.
In 1889, Ontario won its battle with Manitoba over the western
boundary of the province. Manitoba, supported by the federal government,
had sought to keep the boundary at the eastern point of Lake Superior,
giving it access to the Great Lakes.
In 1930, the federal government handed the western provinces control
over the resources and land that had been withheld at the time of
their entry into Confederation.
Canada
(Ontario Boundary) Act, 1889
(Extends the boundaries of Ontario to meet Manitoba west of Lake
Superior)
(Courtesy of Department of Justice, Canada)
Growing Independence from Britain
As Canada was growing and maturing as a nation, its independence
from Britain was also increasing. In 1865, Britain had passed the
Colonial Laws Validity Act, which made it impossible for
colonies to make laws that were "repugnant" to (i.e.:
contradict or have the effect of acting against) British laws that
extended to the colonies.
In 1895, Britain was still arguing that the colonies could not
make their own treaties. Just ten years later, though, things were
changing quickly. British officials did not intervene when Canada
negotiated a treaty with the United States in 1905. Then, in 1926,
the Imperial Conference laid the groundwork for a new arrangement
- one based on equal status between the Dominions and Great Britain.
Copyright/Source
The Crucible of War
One of the key events in the development of Canada's national identity
and independence was the tragedy of World War I. The dependence
of the British on the Dominions (including Newfoundland, Australia,
New Zealand and South Africa) for men and raw materials gave greater
leverage to those governments. The heroism and sacrifice of the
men in the war also gave greater moral strength to arguments for
greater independence from Britain.
Other Important or Interesting
Documents
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