Social Studies 9 Government Unit Lesson 3 - Constitution

Summary

This video explores the evolution of Canada's constitution, from the British North America Act of 1867 to the patriation of the constitution in 1982. It highlights how the constitution defines government powers, ensures laws are constitutional, and protects individual rights through the Charter of Rights and Freedoms. The video also discusses the amending formula, which makes constitutional changes difficult, and the unwritten constitution, based on British common law traditions. It provides an engaging overview of how Canada's legal and governmental framework has developed over time, emphasizing the balance between written laws and traditions.

Takeaways

• 😀 A constitution is the highest law of the land, organizing the government and establishing guidelines for how things are done.
• 😀 Constitutions typically outline the frequency of elections and the powers of different levels of government, such as federal, provincial, and municipal.
• 😀 New laws must be constitutional, meaning they are checked by experts to ensure they don't contradict the constitution.
• 😀 Independent courts play a crucial role in challenging unconstitutional laws and ensuring fairness in the government.
• 😀 Canada's first constitution was the British North America (BNA) Act of 1867, which created Canada as a country but required permission from Britain to amend.
• 😀 Initially, Canada had control over only domestic affairs, and Britain decided Canada's participation in World War I without Canadian input.
• 😀 The Statute of Westminster in 1931 gave Canada control over foreign affairs, allowing Canada to decide its involvement in World War II.
• 😀 Changing the Canadian constitution was complicated, with provinces needing to agree on the amending formula, which was finalized in 1982.
• 😀 The amending formula for the constitution requires the approval of at least 7 out of 10 provinces and at least 50% of Canada's population.
• 😀 The inclusion of the Charter of Rights and Freedoms in 1982 entrenched rights in the Canadian constitution, making them strongly protected from change without widespread agreement.
• 😀 Canada's constitution includes an unwritten aspect based on British common law, where commonly understood practices, like the governor general's role, hold significant power without being formally written down.

Q & A

What is a constitution and why is it important?

A constitution is the highest law of the land that organizes the government and outlines the guidelines for how the country will be governed. It is crucial because it establishes the rules for elections, the distribution of powers among different government levels, and the rights of citizens.

How does a constitution affect the creation of new laws?

When a government wants to pass a new law, it must ensure that the law does not contradict the constitution. Constitutional experts review proposed laws to ensure they are constitutional. If a law is deemed unconstitutional, it can be challenged in court.

What was Canada’s first constitution, and how was it created?

Canada's first constitution was the British North America (BNA) Act of 1867. It was created by the British government to form Canada as a country, encourage trade among British colonies, and protect Canada from potential threats like the United States.

What was the problem with the BNA Act?

The BNA Act was problematic because it was created in Britain, meaning Canada had to ask Britain for permission to make changes to the constitution. This limited Canada’s ability to fully control its domestic and foreign affairs.

How did Canada gain control over foreign affairs?

Canada gained control over its foreign affairs through the Statute of Westminster in 1931. This granted Canada the authority to make decisions on international matters independently from Britain.

What is the significance of the 1982 Canada Act?

The Canada Act of 1982, also known as the Constitution Act, patriated Canada’s constitution, meaning it became a Canadian document. It also introduced the Charter of Rights and Freedoms, which strongly protected citizens' rights by entrenching them in the constitution.

What is the Charter of Rights and Freedoms and why is it important?

The Charter of Rights and Freedoms is a part of the Canadian Constitution that protects individual rights, such as freedom of expression and equality under the law. It is important because it ensures that these rights cannot be easily changed or violated without the consent of the provinces.

How difficult is it to change Canada’s constitution?

Changing Canada’s constitution is difficult due to the amending formula, which requires approval from 7 out of 10 provinces, representing at least 50% of the population. This ensures broad support across the country for constitutional changes.

What is the unwritten constitution in Canada?

The unwritten constitution in Canada refers to traditions and practices, such as the role of the Governor General, which are not explicitly written in the constitution but are widely accepted and respected. For example, the Governor General has the formal power to dissolve parliament, but they traditionally only use it when requested by the government.

How does Canada's unwritten constitution affect its governance?

Canada’s unwritten constitution, based on British common law, allows for flexibility in governance. It provides a set of customary practices that complement the written constitution, ensuring the smooth functioning of government even in situations not explicitly covered by written law.