The British North America Act of 1867, (BNA Act) is now known as the Constitution Act of 1867. This is the basis of the Constitution Act of 1982, which is Canada’s fundamental law. It determines the structure of government, the allocation of powers between federal and provincial authorities, and the interpretation of other statutes. It’s operation derived from Canada’s British legacy and legal decisions. The British North America Act was passed by the British Parliament in 1867. It created the Dominion of Canada out of the United Province of Canada. Which became Québec, Ontario, New Brunswick, and Nova Scotia. It also provided for the entry of other colonies and British possessions into the new federation. The British North America Act originated in negotiations among colonial politicians in 1864. It established a system of government modeled on British parliamentary practice with Britain’s monarch as Canada’s sovereign. The most important sections defined the powers of the federal and provincial governments. In theory giving more authority to the Parliament of Canada.
Over the years, court decisions, compromises, and amendments served to change the provisions of the British North America Act. A series of decisions by Britain’s Judicial Committee of the Privy Council authorized a move away from the centralism intended in 1867. Canada secured full control of its foreign affairs in 1931, as a result of the Statute of Westminster. The Supreme Court became the country’s final court of appeal in 1949.
The 1867 constitution did set up a workable system of government. However, it did not prevent disputes over the division of powers in overlapping areas of authority. Such as taxation, broadcasting, social policy, and language rights. The conviction gradually grew that the constitution required major revision, but efforts to secure provincial agreement on how to amend it repeatedly failed.
In the 1970s, Prime Minister Pierre Trudeau, took up the cause. Eventually all the provinces, except Québec, endorsed a new agreement, which became the Constitution Act of 1982. This act established an amending formula. It also added a Charter of Rights and Freedoms. Prime Minister Brian Mulroney attempted to secure Québec’s approval of the new constitution in 1987 with the Meech Lake accord. The accord required the unanimous assent of all provinces with-in a three-year period. As a result of a new language dispute and English-Canadian concerns over identification of Québec as a “distinct society”. However, the accord was never ratified. The constitutional crisis continued, even after Mulroney forged another compromise among all the parties, when the Charlottetown agreement was defeated in a national referendum in October 1992.
To read more about the BNA of 1867 and what it should have meant to Canadians, check out our section n the Political System in Canada starting with our first installment “Whither Canada?“.
British North America Act 1867 consolidated with The Constitution Act of CANADA 1982. Why? Goodness of Pierre Trudeau’s heart? Highly unlikely.
WWII ends.Eleanor Roosevelt chairs a council of a newly founded organization that called itself The UNITED NATIONS,formerly The LEAGUE OF NATIONS.Universal Declaration of Human Rights drafted,released 1948,with intent of halting any GOVERNMENT(S) ever committing heinous acts of WWI & WWII,ever again. Not very successful.Korean War,Vietnam War just two examples.1966,consolidations to UDHR drafted,ICCPR,ICESCR. Message still not getting through.March 23,1976,UNITED NATIONS (surprisingly enough) force International Bill of Human Rights and Freedoms on all GOVERNMENTS claiming free nation or constitutional law society. Entry into force: 23 March 1976, in accordance with Article 49.UDHR,ICCPR,ICESCR now ‘supreme law’ up and above,over-standing all constitutions and domestic law of 163 GOVERNMENTS on that day. BNA Act 1867 no longer could be upheld CANADA now signatories,by force,to International Bill of Rights and Freedoms obligated to express contents of IBHRF in all domestic law across the board via international legally binding agreement. That’s why CANADA GOVERNMENT went to work drafting and enacting The Constitution Act of CANADA 1982.Some of the contents of ICCPR directly drafted,word for word,into The Charter of Rights and Freedoms aka The Constitution Act of CANADA 1982.Hows it holding up? That depends on ones status and standing before the court.Not just any court but the Supreme Court in competent jurisdiction.Inherent jurisdiction as opposed to STATUTORY JURISDICTION.That’s a trick,by design.
AS PROMISE: 2011-11011-202-000 WHEREIN, 1=1 & 0=0
THE FREE WILL OF CANADA CITIZEN AND THE FREE COUNTRY CANAD SINCE 1867, AND THE FUTURE OF CANADA LAW, THE LAW WHICH GRANTED
RIGHT TO CITIZEN TO BE PROTECTED MENTALLY AND PHYSICALLY
AND ALSO RIGHT FOR CANADA CITIZEN TO PROTECT HIS OWNED PROPERTY UNDER THE LAW OF CANADA CONSTITUTION FIRST AS WELL AS UNDER INTERNATIONAL LAW.
MARY CHRISTMAS AND HAPPY NEW YEAR
FOR PRIME MINSTER Justin Trudeau
the British North America Act 1867 came to pass as a financial reorganiztion consequent to a loan made by the Duke of Newcastle in 1862.
The loan was maturing in December 1867 so there had to be a refinancing into the Dominion of Canada. The loan was for the purposes of building an intercontinental railroad from Nova Scotia to Montreal.
In order for this scheme to flourish required the genocide of the Indians via the Department of Secretary of State Act and At to Provide for the GRADUAL enfranchisement of the Indians. The Department of Secretary of State Act and Enfranchisement act are one.