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With the passage of the Statute of Westminster, Canada
ceased to be a colony of Britain: She was a proper country in her
own right. In the next 50 years the balance of power between provinces
and federal governments changed a little, but not much. By the end
of the 1970s, a major movement in Canadian constitutional history
was to patriate
the Constitution home. There were also requests from Québec
after the Quiet
Revolution for a renewal of Confederation.
Topics in this section:
The Statute of Westminster, 1931
Changes in Federal and Provincial Powers
Ottawa's Political and Financial Clout
Newfoundland Enters Confederation
The Supreme Court is Finally Supreme
Renewing the Constitution
Other Interesting or Important Documents
The Statute of Westminster,
1931
The Statute of Westminster was the logical end of years of change
and negotiation between Britain and her Dominions (Australia, Canada,
New Zealand, South Africa and Newfoundland). It made several key
provisions:
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British parliament could no longer nullify laws in the Dominions.
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Dominions could make their own extra-territorial laws.
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British law no longer applied to the Dominions.
Although Canada had already acted on her own in the past, the Statute
of Westminster formally put external affairs under the authority
of the federal government. Thus, when World War II began in 1939,
Canada did not automatically go to war with Britain. As an independent
nation, Canada declared war six days after the British.
Changes in Federal and Provincial
Powers
The division of powers between the provinces and the federal government
was only formally changed three times before 1982. The Great Depression
showed that the provinces could not cope with major economic and
social crises alone or equally. In particular, weaker provinces
fared worse than larger provinces like Ontario, which had more resources.
Many called for unemployment insurance and other measures to protect
individuals from economic extremes. In the middle of the Depression,
this was impossible because governments had too little money. However,
with the increasing prosperity and plummeting unemployment rate
of World War II and after, these measures became possible.
The federal government negotiated the responsibility of administering
unemployment and pension plans for most of the country.
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Constitution
Act, 1940 (Formerly British North America Act,
1940)
(Gives Parliament the power to make laws on unemployment insurance.)
(Courtesy of Department of Justice, Canada)
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Ottawa's Political and Financial Clout
Ottawa had other ways to influence the balance of power between
itself and the provinces. The first opportunity happened during
World War II, which required a strong centralized effort. Prime
Minister Mackenzie King took advantage of strong public opinion
in favour of his actions to strengthen the federal government's
powers at the expense of the provinces. That the government managed
the war and its aftermath well only increased his popularity and
power.
The second method the federal government has used to influence
the provinces was to use its financial resources to promote programs
in the provinces.
The most significant example is in the provision of universal health
insurance in Canada. The provinces control the health system within
their provinces, but the federal government can use its spending
powers to provide payments to provinces that follow the principles
established by the 1964 Royal Commission on Health Services
and embodied first in the Medical Care Act of 1966 and
then in the Canada Health Act, 1985. In recent years, however,
provinces have criticized the federal government for failing to
pay its share of health costs. Federal payments in the mid-1970s
were amounted for 50% of health care; by 2002 they had fallen near
to around 15%.
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To learn more about Alberta and Saskatchewan's
entry to Confederation:
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Copyright/Source
Newfoundland Enters Confederation
Newfoundland experienced a great deal of change between World War
I and its entry into Confederation. The finances of the colony were
in a shambles by the early 1930s and reached such a severe state
that it gave up responsible
government for direct rule by Britain in 1934.
In World War II, the colony prospered again. However, the United
States built several large bases on the Island. The Canadian government
was worried that the United States would annex Newfoundland.
After the war, Newfoundlanders debated their future. British officials
did not support a return to responsible government, as it was worried
about costs. They probably favoured Newfoundland's entry into Confederation.
In 1948, two referendums were held. Newfoundlanders narrowly chose
entry into Confederation over self-government.
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To learn more about Newfoundland's entry to
Confederation:
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The Supreme Court is Finally Supreme
The Supreme Court of Canada was established in 1875. Until 1949,
however, it was still possible to appeal to the Judicial
Committee of the Privy Council in Britain. This came to an end
in 1949, when the Supreme Court of Canada finally became the last
court of appeal.
Renewing the Constitution
In 1968, a process started to renew the constitution and bring it
into Canada's hands. The Victoria Conference in 1971 produced a
set of proposals, but nothing was done. Other efforts were made
in 1975 and 1976, but again there was no success. Meanwhile, many
in Québec were calling for a renewed federalism and the Canadian
government's failure to achieve this helped the separatist Parti
Québécois rise to power. The Québec government
called a referendum on "sovereignty-association"
in 1980.
During the Québec referendum campaign Prime Minister Pierre
Trudeau promised Québecers the renewed federalism they
wanted. He called a First
Ministers conference as soon as federalist forces won the referendum.
After some political wrangling, the federal government indicated
that it would patriate the Constitution unilaterally. This was upheld
in the Supreme
Court and led to a second First Minister's meeting in 1981.
An agreement was reached, although without the approval of Québec.
Other Important or Interesting
Documents
- British
North America (No. 2) Act, 1949
(Repealed by the Constitution
Act, 1982. Gives the Parliament of Canada powers to amend
the Constitution of Canada "in time of real or apprehended
war, invasion or insurrection.")
(Courtesy of Department of Justice, Canada)
- Statute
Law Revision Act, 1950
(Repeals many laws enacted by in Britain. Some date from before
1800.)
(Courtesy of Department of Justice, Canada)
- British
North America Act, 1960
(Renamed Constitution Act, 1960. Sets the maximum age
in office for superior court to 75 years of age. Previously, judges
in superior courts could serve for life.)
(Courtesy of Department of Justice, Canada)
- British
North America Act, 1965
(Renamed Constitution Act, 1965. Sets the maximum age
in office for senators to 75 years of age. Previously, senators
could serve for life.)
(Courtesy of Department of Justice, Canada)
- British
North America Act, 1974
(Renamed Constitution Act, 1974. Sets new rules for calculating
the number of MPs
to sit in the Parliament.)
(Courtesy of Department of Justice, Canada)
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British North America Act (No. 1), 1975
(Renamed Constitution Act (No. 1), 1975. Gives seats
in the House of Commons to the Yukon and Northwest Territories.)
(Courtesy of Department of Justice, Canada)
- Final
Report of the French Constitutional Drafting Committee
(This Web site gives the text of many acts and orders from 1867
onward. All texts are available in French and English.)
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