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Essays on the Canadian Constitution of 1982
Essays on the Canadian Constitution of 1982
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The 1931 Statute of Westminster can be seen as the logical end of the years of negotiations on change between Britain and her Dominions, which include Australia, Canada, New Zealand, South Africa and Newfoundland. The origins of the Statue date back to the Imperial Conference in 1926 where Lord Balfour, Britain’s Foreign Minster, suggested that all Dominions should be given the right to full autonomy in their legislations. This would result in equality amongst Britain and its Dominions It made several key provisions; British parliament could no longer nullify laws in the Dominions, the Dominions were able to make their own extra-territorial laws, and British law no longer had to be applied in the Dominions.
The Statue of Westminster represented a significant occasion in Canadian history. Despite being granted the right to self-government in 1867, Canada was unable to enjoy full legal autonomy until the Statute came into action on December 11, 1931. This year marks the 83rd anniversary of the signing of Statue of Westminster, which can be seen as Canada’s own declaration of independence.
Changes in Federal and Provincial Powers
One of the main aspects throughout the Statue include the implications it would have on the federal and provincial powers. During the Great Depression the provinces were unable to cope with major economic and social crisis alone or on an equal playing field as other provinces. Specifically, the weaker provinces at the time, such as the Prairie Provinces, fared much worse than larger provinces such as Ontario, which had an abundance of resources and financial means to fight during trying times. At the time, many called for measures to protect individuals from economic extremes, such as introducing unemp...
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... Also in 1949, the Supreme Court of Canada became the last court of appeal.
On an international scale Canada was recognized as a new independent nation. Canada developed closer relations with other countries, especially with its closest neighbor-USA. At this time, Canada was no longer the baby of Britain, and America started seeing Canada as independent from Britain.
Ultimately
While some historians may not agree that the Statue of Westminster contributed to Canada’s independence, it was nonetheless a significant occasion in Canada’s journey to sovereignty. The Statue of Westminster facilitated Canada independence from British regulations and the freedom to pass, amend, and repeal laws within an autonomous legal system. This full autonomy enabled the government the independence that helped build the legislative foundation upon which Canada stands tall on today.
It was once stated by F.R.Scott “ There are two miracles in canadian history. The first is the survival of French Canada, and the second is the survival of Canada.” His quote came to reality as of Canada grew to be a stable and secure country where everyone would want to be. Yet to accomplish this, many obstacles and events occurred such as the Spanish Succession war in 1713 , the seven years war in 1763, the constitutional act in 1791 and finally the Act of Union in 1841. First in 1713, the Spanish Succession war occurred where the British took control of Acadia. Soon after that, in 1763 the Seven Years War ended where the British took over New France and was later renamed British North America. Before the British most of the colonies were
Pre-World War One, Canada was looked upon not only by foreigners, but also by Canadians, as being just a British Colony.
A century ago, Canada was under control by the British Empire. The battles we fought the treaties we signed and the disputes we solved all helped us gain independence from our mother country “Britain”. Canadians fought a long battle protecting others, and from these battles we gained our peaceful reputation and our independence from Britain. Canada became a nation on July, 1st 1867. Although we were an independent country, our affairs and treaties were all still signed by Britain.
Canada’s eligibility to participate on the world stage and its move towards independence was proven after the accomplishments at the Battle of Vimy Ridge. Foremost, Canada’s first opportunity to partake on the world stage came soon after the end of World War I, during the Paris Peace Conference. The accomplishments of the Canadian Army in the Battle of Vimy Ridge helped to earn Canada a spot in the Paris Peace Conference, after long arguments made on behalf of Canada by Prime Minister Robert Broden . The Prime Minister argued that Canada’s wartime record had earned Canada a seat separate from Britain. Canada was granted the seat despite the disapproval of the American President, Woodrow Wilson’s as they contributed greatly to the Allied forces especially in the Battle of Vimy Ridge. The approval of Canada’s seat is important to both the significance of the Battle of Vimy Ridge and the eligibility to participate on the world stage because it was one of the first steps Canada took towards its independence from Great Britain. Additionally, Canada became more social with other countries separate from Britain after the Battle of Vimy Ridge. Canada involved itself more in trading after the battle and the war, and had a flourishing...
To begin, Canada became an independent nation on paper through two very important papers. The first paper was the Balfour Report at the imperial Conference of 1926, which stated that Britain's dominions were independent communities from Britain. This was the first step to the official declaration of Canada's independence. The second paper was the Statue of Westminster, the Act signed in the Britain that declared the Balfour Report law. This caused the establishing of The Commonwealth of Independent States. These two papers are of great importance in the formal creation of Canada as an autonomous state from Britain.
After greatly contributing to the war, especially in the Battle of the Atlantic, Canada ended up having the 3rd largest navy and 4th largest air force. Now, for such a small nation of only around 11 to 12 million, this was a large military force. Since Canada had done so well in the war (already their second world war as a country) Canada started to grow further and further apart from Mother Britain. There was a feeling a greater sense of pride and a more nationalistic notion. Canadians everywhere no longer saw themselves as British, Scottish, or American, they were Canadian. Canada was now a respected country, and I might add, a pretty powerful one too.
Canada has become a superior nation thru, perseverance, courage and even care as they persevered thru many dark battles, and made sure they all came thru together as a unit other than individuals. Their courage made there fighting 100% stronger as they wouldn’t back down to any task and they weren’t afraid to lose their life to help a fellow friend and country out. Care played a major aspect in each Canadian heart. There cared about Britain so they weren’t to go help them when they declared war, they helped other troops with their emotional problems and lastly they even cared a little about there enemies as they are the same person, however the only thing separating them is there culture. Canadians contributed in many ways to help our country's great efforts in the First World War.
Any person, place or event that has held the honour of being commemorated in Canada has been recognized of an extreme importance to the country. It is impossible to research commemoration in Canada without reading about world war one and two; The great wars are arguably the most commemorated events in History let alone Canada. Understanding this they are not the only events that receive attention from Canada, the government recognizes many other occurrences as, well, anything from Sir John A. Macdonald day on the 11th of January to the anniversary of the statute of Westminster on the 11th of December. I do not believe that any one event can be placed above or below another, and that they all hold a value in whatever way that may be. This Essay
The American Revolution was the poignant turn to the freedom of the American Colonies. With America being able to defeat British, it gave their mother country the realization a new nation and broke the control they had over. Although it is clear that American Revolution created the nation of American, it can argued that it also created the nation up north; Canada. The Revolutionary War not only resulted in the nation of America but the nation of Canada as well.
The post-war time was a period where major changes were occurring. After being involved in two international conflicts, Canada was ready to reestablish their economy. During this time, Canada had started working on ways to become stronger and reputable. It is evident that Canada had matured through the post-war era. Canada’s economic progress left a positive impact on the growth of the country as consumerism became popular, and economic ties with America became stronger. Moreover, the removal of racial and ethical barriers contributed to Canadian social affairs such as the huge wave of immigration and the baby boom. The Canadian government also had become more aware and involved in issues impacting Canadian citizens. Canada as a whole started identifying itself as an independent nation and participating in events that brought a positive reputation amongst them. These economical, social, and legal changes helped Canada mature into the country it is today.
The Declaration of Independence cut the political connections between the thirteen original colonies and Great Britain. By declaring independence, the American colonists were able to forge an official alliance with France and obtained French assistance in the war against Britain. The Purpose of the declaration was to explain why congress had voted, July 2nd 1776, to declare their independence from Great Britain, over a year after the American Revolutionary war began.
In the decades following World War Two, there were a number of movements which focused on global developments. Groups such as the United Nations and the North Atlantic Treaty Organization were centres of international cooperation. In these dealings there were, of course, great powers; the countries that had the greatest riches and militaries often dominated the global political stage. Beyond that, there were countries which were not the biggest or strongest, but were influential through other means. These were middle powers, and Canada is one of them.
It gave countries the idea that America was here to stay and wouldn’t be destroyed very easily: “ The United Sates did gain a measure of international respect for managing to with stand the British Empire” (Wikipedia). The war prepared America fir future wars they would have with any other superior army. Even before the fighting of the war, Britain was in America declaring the stamp and quartering Acts, which shows that Britain had no respect for the citizen’s rights. America has been a victim of lawless violence that led up to the War of 1812 (Doc.4). After the fight for freedom of impressment, the war gave the United States an excuse to seize the British northwest posts and to annex Florida from Spain, and possibly seize Canada from Britain. Canada was one of the main reasons for the start of the war because the British troop in Canada made America move. The Treaty of Ghent ended the war and restored the status quo ante bellum peace, which set up a commission to determine the disputed Canada/U.S. border. The Treaty coincided with the end of England’s interference in American affairs, they imagined it as a second successful end of the war of independence. Then later in 1817 the Rush-Bagot treaty was produced between the U.S. and Great Britain (which controlled Canada) which provided a mutual disarmament of the Great Lakes and later expanded into an
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...
What occurred was that the great power of US wanted to continue to expand their land and wanted to buy or conquer the land. This land, however, was ruled by the colonies. And this lead to the creation of Canada because the forces of the Americans can overthrow the power of the BNA. This was a problem as the British didn’t care about BNA nor of their livelihood. Thus, this resulted into the creation of Canada because the constant threat by the Americans and BNA is required to take responsibility for that. Thus by coming together they are able to create a force that is great enough to defend the land and to save BNA from being ruled by the United States. The philosophical reasoning behind the USA of Manifest Dynasty was that they are destined to rule all of North America and that they would take over land from coast to coast and this ideas was thought of during their civil war. In the end, John A. Macdonald, George Brown and George Etienne Cartier joined to create a larger union of British North America. This union would increase protection from an American invasion, and would also make a trade in the colonies easier that became even more important in 1866 when the United States ended free trade with Canada. Thus by creating the confederation Canada or BNA could defend from the States and economically grow (which BNA lacked) and united to create an equal government.