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The Roman Constitution was an uncodified set of guidelines and principles passed down Researches Into the History of the Roman Constitution. William.
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The church was also powerless to impose its taxes without the consent of the civil authorities. During the 18th century, France lost its North American territories to Britain. France interpreted in a restrictive sense the grant made under the treaty, arguing that the Acadians, who lived mostly on the western fringes of the territory, continued under French sovereignty. Caught between rival European powers, the Acadians were expelled by the British in The French fortress of Louisbourg on Cape Breton fell to the British for the last time in , the same year that the Nova Scotia Legislative Assembly English Canada's oldest representative body was convened in Halifax.

When the Seven Years' War ended with the Treaty of Paris , all of New France including the northern Atlantic seaboard, with the sole exception of the islands of Saint-Pierre and Miquelon , came indisputably under British rule. He was instructed to govern with the assistance of a council of eight. An elected assembly was planned but did not appear. Murray's instructions also prescribed a Test Oath for office-holders, which, because of its religious content, no Catholic could conscientiously take. This provision would have resulted in all public offices being occupied by English-speaking Protestants, of whom there were only about , to the exclusion of nearly 70, French-speaking Catholics.

Murray interpreted his instructions in such a way that he could govern through a member appointed council.


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English was the official language, but government was conducted in French. Catholicism was tolerated. The Proclamation of also recognized Aboriginal land title and provided that Aboriginal people could relinquish their land only to the Crown and only collectively. The new Court of King's Bench convened only twice a year, making justice more costly and less expeditious than it had been under the Sovereign Council.

With the abolition of the Coutume de Paris, tenant farmers on seigneurial lands suffered because their rents could be raised arbitrarily according to English law.

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Because of the Test Oath, no Catholics could practise law in the new Court of King's Bench, although they could practise in some inferior courts. The Quebec Act of introduced a colonial governor and an appointed council of 17 — 23 members. The Act was silent on the use of French, but a new oath allowed Roman Catholics to accept office.

The council was not empowered to impose taxes, a matter separately dealt with under the Quebec Revenue Act. The seigneurial system was retained and French civil law was restored, supplemented by English criminal law. Although Governor Sir Guy Carleton was instructed to introduce English commercial law as well, he did not.

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The Quebec Act became one of the "intolerable acts" which prompted Americans to revolt, but many historians feel its concessions helped encourage French Canadian support of continued British rule. By the Constitutional Act, , each of the two Canadas was given a bicameral two-house legislature. The nominated executive council was appointed by the governor, whose responsibility was to the British Colonial Office rather than to the people or their elected representatives.

Thus, there was representative government , but without the executive council being responsible to the elected assembly.

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Partly as a result, in , unsuccessful rebellions broke out in both Upper and Lower Canada. In the Maritime provinces , executive power was enhanced and the assembly weakened by the division of Nova Scotia.

Cape Breton, which remained separate until , lacked an assembly altogether. Prince Edward Island , which had possessed its own legislature since having been joined briefly to Nova Scotia from to , was at times in danger of losing it. Newfoundland had an appointed governor and acquired a representative assembly only in Governor General Lord Durham , who came to the Canadas in after the recent rebellions , regarded French Canadians as unprogressive and lacking a history or culture — a view that outraged French Canadian elites.

Preferable, he argued, would be the "fusion" of Upper and Lower Canada in a legislative union with a single government dominated by the "more reliable" English-speaking elite. The governor's appointed executive council, he added, must enjoy the support of a majority in the elected assembly. This meant the council Cabinet would be responsible for its power to the elected assembly and indirectly to the electors, rather than to the Crown or the governor.

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Local policy would be decided at home, but matters of "imperial interest," such as constitutional changes, external relations , trade and the management of public lands, would remain with Britain. The Durham Report marked the watershed between the first and second British empires, as British holdings, including Canada, began to evolve from colonies to self-governing nations. This was done to ensure the political ascendancy of the "British" element throughout the reconstituted province.

After some hesitation, responsible government was introduced in in Nova Scotia and in the Province of Canada, and was soon in effect throughout British North America. In , Governor General Lord Elgin courageously signed the Rebellion Losses Bill on the advice of his ministers, thus affirming the principle of responsible government. Elgin was also instrumental in introducing French as a language of debate in the Canadian legislature, although English was the sole official language.

Canada East and West made government of the province unwieldy by promoting deadlock. By , the English-speaking population outnumbered the French, and agitation began for " representation by population " instead of East-West parity. With George Brown 's Reform Party energetically advocating Rep by Pop and the Conservatives opposing it, a political stalemate lasted from to In , however, the parties formed a Great Coalition with the political separation of the two Canadas — but the federation of all British North America — as its object. The imperial authorities were at the same time relinquishing control over Canada.

Unoccupied Crown lands were surrendered to the provinces. The British submitted to a Canadian tariff imposed on their imported goods in And in , the British Parliament affirmed that no colonial law could be challenged unless it was expressly in conflict with an imperial statute intended to apply to the colony. In , the four western provinces became a full-fledged region with 24 senators of their own, and Newfoundland received 6 upon joining Canada in The Senate was conceived as a guardian of regional or provincial interests, but it has not played that role very effectively, becoming divided on partisan lines and Senators voting as members of a party caucus rather than as representatives of a region.

Under the BNA Act , broad national matters e. Where a conflict occurs in shared areas such as agriculture and immigration, or in any subject matter except old-age pensions, where provincial power is utmost , federal law prevails. Under the Constitution which includes all provincial constitutions , Canadian provinces, which were added or created at various times, are not all treated as equals.

Federal retention of such assets was defended by Ottawa on the grounds that the resources were needed for railway building and the settlement of immigrants. The Northwest Territories , Yukon and Nunavut possess elected legislatures but still retain a semi-colonial dependency on the federal government and fall constitutionally under federal control. After Confederation, some provinces advanced the "compact theory," which likened the BNA Act to a treaty that could be changed only by the unanimous consent of Ottawa and the provinces.

Opponents of the theory denied its constitutionality, arguing that the final terms of the BNA Act were never ratified, since the Act was not an agreement but a statute of a superior legislature.

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Federal- Provincial Conflict. With the centralist Prime Minister John A. The provinces objected to the federal power of disallowance , which enabled Ottawa to arbitrarily nullify any provincial law; they called for appointment of senators by the provinces and affirmed the right of the provincial Crown to exercise prerogative powers such as the pardoning power over provincial offences. Macdonald chose to portray the "malcontents" as Liberals confronting their Conservative foes in Ottawa for political reasons.

Another sharp confrontation arose when, in , Manitoba purported to make English the only official language in the province, substituting, as well, a single public school system for the former Roman Catholic and Protestant schools see Manitoba Schools Question. In , the Judicial Committee of the Privy Council agreed that the educational rights of the religious minority had been adversely affected, and thus enabled the minority to appeal to the federal Cabinet for redress.

When the Liberals assumed office in , Prime Minister Wilfrid Laurier settled the matter by compromise. In the Forest case, the Supreme Court of Canada held the Manitoba English-only language law invalid, casting some doubt on the legal validity of 90 years of provincial legislation and requiring all future laws to be bilingual. The early 20th century saw further advances toward full Canadian independence.

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When the First World War began in , by constitutional convention Canada was automatically included in the British declaration of war. After the war, Canada's separate signature at the Treaty of Versailles and its membership in the League of Nations symbolized its developing independence. In , Ernest Lapointe signed the Halibut Treaty without British participation as formerly required , despite British objections. At the Imperial Conference in the same year, the Balfour Report described the self-governing Dominions as autonomous and equal communities within the British Empire see also Commonwealth.

In , the Statute of Westminster stipulated that the imperial Parliament would no longer legislate for a Dominion unless the latter requested and consented to the law. Other provisions in the Statute empowered local legislatures to enact laws even if repugnant to colonial policy and allowed Canada to legislate extraterritorially — e.

The Statute affirmed at least according to the provinces that provincial jurisdiction could not be unilaterally altered by the newly sovereign federal power. After , in constitutional theory, London was no more central politically than was Ottawa or Canberra, Australia. The Crown, formerly indivisible, now became divided. In , Canada made a separate declaration of war to enter the Second World War. Treaties between Canadian First Nations and the British Crown were now deemed to be the concern of the Canadian government.

The monarch became king or queen of Canada, with the governor general acceding to all the remaining prerogative powers in In , Vincent Massey became the first Canadian-born governor general, and he was succeeded in by Georges Vanier. Thereafter, incumbents from English- and French-speaking Canada alternated in the governor general's office. In , a constitutional amendment enabled Parliament to make constitutional changes solely affecting the federal power e. Other indications of sovereignty were the Canadian Citizenship Act and the adoption of the maple leaf flag in see also Flag Debate.

Between and , Newfoundland, formerly a self-governing colony, was governed by a British-appointed Commission of Government which had full lawmaking powers. After the Second World War, debate arose about Newfoundland's future. Peter Cashin , a former Newfoundland finance minister, advocated a switch to Dominion status, while Joseph R.

Smallwood led the pro-Confederation forces who sought to join Canada.

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Some Newfoundlanders supported the retention of commission government. In the second of two referenda held in , the Confederation forces prevailed, and in Newfoundland became Canada's 10th province, with six senators and seven members of Parliament. Until , when overseas appeals were abolished, the British Privy Council was Canada's ultimate court of appeal, overshadowing Canadian courts.