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September 18, 2012.pdf

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Political Studies
POLS 303
Joe Garcea

September 18, 2012 September-23-12 9:47 PM The Constitution - The Supremacy of Parliament: England o 1688 English Bill of Rights  The king of England, aided by his ministers, had to rule through annual meetings of Parliament.  Parliament was to exercise control over his financial means, and hence over the scope of royal policies. o Royal Proclamation, 1763  Formation of first parliament in the Canadas.  English law would replace pre-existing French civil law. o Royal Proclamation and Aboriginal Rightttsss  1768, a conference was held at Fort Stanwix, New York, to fix the boundaries of the reserved hunting grounds provided for the in the Royal Proclamation between all sides of the covenant chain.  The Iroquois thanked the British for “polishing the chain.” o Royal Proclamation  Today, it is used to determine the legal character of aboriginal land title.  Sparrow (1990) and Delgamuukw (1997) o The Quebec Act, 1774  Creation of limited civil government (appointed by the Crown) in the province of Quebec.  Unelected governor and council.  Reinstatement of the civil law.  Includes rules of landholding, marriage, inheritance and trade and commerce.  Provides for continued use of the Seigneurial System.  Some religious rights for Catholic majorities in Quebec.  Outrage in the “thirteen colonies” – one factor in the American Revolution. o Constitution Act, 1791  Post-American Revolution.  Immigration of British Loyalists.  Pushed for more representative government by settlers: new system for the tenure of the land (and end to the Seigneurial system).  Divides Quebec into two colonies:  Divides Quebec into two colonies o Upper (Common Law) and Lower Canada (Civil)  Power was vested in the Lieutenant Governor.  To create a law, a bill requires the approv
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