Studies
on the Canadian Constitution and Canadian Federalism
Last
revised: 19 February 2001 | The
Constitution Act, 1867
Claude Bélanger,
Department of History, Marianopolis College Name
given to Canada's main constitutional document. The Constitution Act, 1867 is
a British statute passed in 1867 for two purposes: to divide the United Province
of Canada into two provinces - Quebec and Ontario - and to unite four of the British
North American colonies into a federal system. The change in constitution was
effected following a series of conferences, in Charlottetown, Quebec and London
through which the several colonies made their desires and aspirations known. As
such, it was the first time in their history that Canadians were given a predominant
voice in constitution making. The Act originally contained 147 articles, many
of which have either fallen into disuse or have been abrogated since. It is divided
into eleven parts: I. Preliminary (art. 1-2); II. Union (art. 3-8); III. Executive
power (art. 9-16); IV. Legislative power (art. 17-57); Provincial Constitution
(art. 58-90); VI. Distribution of Legislative powers (art. 90-96); VII. Judicature
(art. 96-101); VIII. Revenues, Debts, Assets, Taxation (art. 102-126); IX. Miscellaneous
Provisions (art. 127-144); X. Intercolonial Railway (art. 145); XI. Admission
of other colonies (art. 146-147). The name Constitutional Act is also given to
a series of amendments to the original document. Such amendments are called Constitution
Act followed by the relevant date for the amendment (ex. Constitution Act, 1871
etc.). © 2001 Claude Bélanger,
Marianopolis College |