May 9, 2012.docx

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Public Policy and Administration Studies
PPAS 3135
Sirvan Karimi

May 9, 2012 Royal proclamation Quebec act – allowed French to keep language, and culture (made by British Empire) American Revolution – people try to escape to Canada Maritimes – division between Upper and Lower Canada – different colonies and institutions, both wanted individual government separate of that from the British appointed governments Lord Durham – Royal commissions officer: simulation (which was rejected) and to unify these two colonies to make one entity -> came to be known as the province of Canada 1840 The most significant factor that led to confederation was based on economic basis Economic reason: No longer access to British Market, Free trade alliance with America but only for 10 years, led to the thought of making forming the spate small colonies into a single colony to create free trade with each other Political reason: Federalism has a divisional power to allow provincial government to be individual as well as join in together government. Federalism allows unity and diversity to exist. Quebec can have it’s own culture, language and religion and yet join in on Canadian government Military reason: at the time it was a small military and colonies within Canada feared attacks from America. Since it is a small colony, individually they can be taken over by other countries however if they join in to become a united large colony, they felt they would be able to defend themselves, especially again American expansion At the beginning only 4 colonies joined in confederation and Canada became a country but not independent. Canada was still a subject of the British Empire. Government general – appointed by the Queen who was a British citizen and had the power of reservations - can disallow/reject laws made by the Canadian government. Only British had the power to amend Canadian constitution, foreign policies was not controlled by Canada, British law was applicable to Canada. If there was a conflict between Canada and British law, British law would overpower. Canada took the evolutionary road to independence. Most significant event which allowed Canada to move towards independence was the First World War. Active participation of Canada governments in peace conferences etc 1926 imperial conference – recognizing colonies within colonies as equal (British) – not independent but recognition to equal status 1931 Westminster statue – passed by British government put a stop to British law to be applicable to Canada and Canada’s law. Canada was allowed to make laws (human laws), and no longer a conflict between British and Canada laws 1949 the role of JCPC came to an end and the start of supreme court of Canada became the highest court However, Canada was still no longer independent as Canada did not have the power to amend constitution –need British permission 1982 constitution finally became Canadianized and includes the amending formula – Canada can change the constitution without British permission – passed by British government Repatr
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