Constitutional Act, - Wikisource, the free online library
Canada's Parliament was created by the Constitution Act, , a statute of the . , The original province of Quebec was divided by the Constitutional Act, .. Territory” (subsequently designated the Northwest Territories) at a later date. . At the start of every new session of Parliament, the Governor General reads. The Act was created in , to accommodate the 10, loyalists and lost their ability to vote in the 's due to laws passed at a later date. act of had on Canada was it was a start to Canadian Confederation. From known as The Clergy Endowments (Canada) Act , the statute passed at Westminster in the 31st year of George III, and itemised as chapter
Certain persons not elegible to the Assemblies. Provided always, and be it further enacted by the Authority aforesaid, That no Person shall be capable of being elected a Member to serve in either of the said Assemblies, or of sitting or voting therein, who shall be a Member of either of the said Legislative Councils to be established as aforesaid in the said two Provinces, or who shall be a Minister of the Church of England, or a Minister, Priest, Ecclesiastic, or Teacher, either according to the Rites of the Church of Rome, or under any other Form or Profession of religious Faith or Worship.
And be it also enacted by the Authority aforesaid, That no Person shall be capable of voting at any Election of a Member to serve in such Assembly, in either of the said Provinces, or of being elected at any such Election, who shall have been attainted for Treason or Felony in any Court of Law within any of his Majesty's Dominions, or who shall be Within any Description of Persons qualified by any Act of the Legislative Council and Assembly of the Province, assented to by his Majesty, his Heirs or Successors.
Voters, if required, to take the following XXIV. Provided also, and be it further enacted by the Authority aforesaid, That every Voter, before he is admitted to give his Vote at any such Election, shall, if required by any of the Candidates, or by the Returning Officer, take the following Oath, which shall be administered in the English or French Language, as the Case may require: And that every such person shall also, if so required a s aforesaid make Oath previous to his being admitted to vote, that he is, to the best of his Knowledge and Belief, duly possessed of such Lands and Tenements, or of such a Dwelling House and Lot of Ground, or that he has bona fide been so resident, and paid such Rent for his Dwelling House as entitles him.
And be it further enacted by the Authority aforesaid, That it shall and may be lawful for his Majesty, his Heirs or Successors, to authorize the Governor, or Lieutenant Governor, or Person administering the Government within each of the said Provinces respectively, to fix the Time and Place of holding such Elections, giving not less than eight Days Notice of such Time, subject nevertheless to such Provisions as may hereafter be made in these Respects by any Act of the Legislative Council and Assembly of the Province, assented to by his Majesty, his Heirs or Successors.
And he it further enacted by the Authority aforesaid, That it shall and may be lawful for his Majesty, his Heirs or Successors, to authorize the Governor, or Lieutenant Governor, of each of the said Provinces respectively, or the Person administering the Government therein, to fix the Places and Times of holding the first and every other Session of the Legislative Council and Assembly of such Province, giving due and sufficient Notice thereto; and to prorogue the same, from Time to Time, and to dissolve the same, by Proclamation or otherwise, whenever he shall judge it necessary or expedient.
Provided always, and be it enacted by the Authority aforesaid, That the said Legislative Council and Assembly, in each of the said Provinces, shall be called together once at the least in every twelve Calendar Months, and that every Assembly shall continue for four Years from the Day of the Return of the Writs for causing the same, and no longer, subject nevertheless to be sooner prorogued and dissolved by the Governor or Lieutenant Governor of the Province, or Person administering his Majesty's Government therein.
And be it further enacted by the Authority aforesaid, That all Questions which shall arise in the said Legislative Councils or Assemblies respectively shall be decided by the Majority of Voices of such Members as shall be present; and that in all Cases where the Voices shall be equal, the Speaker of such Council or Assembly, as the Case shall be, shall have a casting Voice.
No member to sit or vote until he has taken the following XXIX. Provided always, and be it enacted by the Authority aforesaid, That no Member, either of the Legislative Council or Assembly, in either of the said Provinces, shall be permitted to sit or to vote therein until he shall have taken and subscribed the following Oath, either before the Governor or Lieutenant Governor of such Province, or Person administering the Government therein, or before some Person or Persons authorized by the said Governor, or Lieutenant Governor, or other Person as aforesaid, to administer such Oath, and that the same shall be administered in the English or French Language, as the Case shall require: So help me GOD.
And be it further enacted by the Authority aforesaid, That whenever any Bill which has been passed by the Legislative Council, and by the House of Assembly, in either of the said Provinces respectively, shall be preser1ted, for his Majesty 's Assent, to the Coven1or or Lieutenant Governor of such Province, or to the Person administering his Majesty's Government therein, such Governor, or Lieutenant Governor, or Person administering the Government, shall, and he is hereby authorized and required to declare, according to his Discretion, but subject nevertheless to the Provisions contained in this Act, and to such Instructions as may from Time to Time be given that Behalf by his Majesty, his Heirs or Successors, that he assents to such Bill in his Majesty's Name, or that he withholds his Majesty's Assent from such Bill, or that he reserves such Bill for the Signification of his Majesty's Pleasure thereon.
And be it further enacted by the Authority aforesaid, That no such Bill, which shall be so reserved for the Signification of his Majesty's Pleasure thereon, shall have any Force or Authority within either of the said Provinces respectively, until the Governor, or Lieutenant Governor, or Person administering the Government, shall signify, either by Speech or Message, to the Legislative Council and Assembly of such Province, or by Proclamation, that such Bill has been laid before his Majesty in Council, and that His Majesty has been pleased to assent to the same; and that an Entry shall be made, in the Journals of the said Legislative Council, of every such Speech, Message, or Proclamation; and a Duplicate thereof, duly attested, shall be delivered to the proper Officer, to be kept amongst the publick Records of the Province: Establishment of a Court of Civil Jurisdiction in each Province.
His Majesty's Message to Parliament recited. And whereas his Majesty has been graciously pleased, by Message to both Houses of Parliament, to express his Royal Desire to be enabled to make a permanent Appropriation of Lands in the said Provinces, for the Support and Maintenance of a Protestant Clergy within the same, in Proportion to such Lands as have been already granted within the same by his Majesty: The concept of the Act itself was not unethical.
Tensions growing in Canada between the French and the English were mounting. Both groups were unsatisfied with the current living situation and division of powers. The French wanted to be governed differently than the Loyalists who wanted to be governed as British citizens. As the Loyalists began to outnumber the local population, their power posed a threat to the French, so at the time, it was a viable solution to the problem.
Upper and Lower Canada were each given their own governing bodies and they adopted different systems which reflected, on average, their interests. The people were not forced or coerced in any way to adopt this Act; on the contrary, both groups were more satisfied with it. The English and many French saw it as an improvement to the Quebec Act. A contentious aspect to the Act was the right to vote it granted women. As mentioned in the Cause and Consequence section, women in Lower Canada were allowed to vote because they were under French Law.
After the Act was passed, however, New Brunswick passed laws forbidding women in Upper Canada from voting.
Some believe that the government should have specified that women in in both Lower and Upper Canada would have had the right to vote. Clergy Reserves were also another contentious aspect to the Act. As referenced in the Cause and Consequence section, they were areas of land set up for the Protestant Clergy.
This meant that other religious groups, defining themselves under the Church of England, demanded their share of land. Even the Church of Scotland was entitled land since it was an established church under the Act of Union between Scotland and England. This increased conflict between these groups and meant that people who were originally entitled land had to compete for it. It was incorrect for the Government to label a specific religious group under such a large umbrella term.
Even though the government realized their mistake and suffered the consequences this was a contributing factor to the Rebellion of and even before the Rebellion tensions between groups had to be dealt withthey still did not change the wording.
The act was made by the British to create upper and lower Canada. Lower Canada is what is now lower Quebec, and this land mostly contained the French. Upper Canada, which was made up of mostly the British, took place in present day southern Ontario.
This act contains significance to the country of Canada. One impact the Constitution act of had on Canada was it was a start to Canadian Confederation. By creating a constitution and caring about Canada, Britain took their first stride to creating Canada. This is obviously something significant to present day Canada because if this Act had not existed in Canada than the Country may not even exist to this day. The division of Canada was significant in because it resolved issues between the French and British.
It resolved issues by separating the two groups while creating a province for each other. It was the best of both worlds for the two groups.
1. Parliamentary Institutions
Something else significant about this act is that it gave equal rights to all races and genders across Canada. The act only stated that you had to be a land owner 21 and older with little criminal activity to vote. The act said nothing about any race or sex to be restricted to vote.
This was a start to the end of racism and gender inequality. This is significant in because this was the first time that legislature and parliament had been added to Canada. This led to laws and rules being made which would overall lead to an increase in peace. Britain added a governor general who held the most power in Canada, including control over both provinces and the maritimes. This was important at the time and significant now as there is still a governor general in Canada now.
Historical Perspective When looking at historical perspective while looking at the Constitutional Act of we can see that many people had different views of the event.
The Constitutional Act | Walk Through Canadian Past
The event was widespread and affected a large population of several different groups of people living in Upper and Lower Canada. We can interpret what French and English thought about the Constitutional Act and the life they lived after the event. The Parliament of Great Britain carried out the constitutional act. He was less than enthusiastic about the Quebec Bill. Primary among these was that excessive democracy was a dangerous thing. It was widely believed that too much, not too little legislative independence in the 13 Colonies had made the Americans ripe for revolt.
It was felt that the revolution had been caused by very active colonial assemblies that had become too powerful. It was Britain's intention to preserve loyal and contented colonies that were to be kept small, separate and dependent.
Loyalty not liberty was to be stressed. It was vowed that this time lively democracy and dangerous radicalism would not be allowed to grow too strong. Colonies in future would be more completely controlled by the motherland. Democracy was described as "a serpent which could twist around us by degrees and that should be crushed in the first instance.
They persisted in repeating with the Canadian colonies the same mistake that had lost them the American colonies. Like the Americans the people of Canada were to be subject to the vetoing powers of governors, un-elected councils and the Imperial parliament.
The second lesson British leaders believed they had learned from the Revolution involved "hereditary aristocracy.
Constitutional Act 1791 – Group Project
Lord Grenville was determined to instil in the pioneer society respect for rank and privilege. He believed that class and social standing in the colony should descend in succession through the eldest sons of a few highly privileged families. Legislative councillors could be chosen only from these noble families because it was believed they could always be counted upon to support their sovereign.
Because of their privileged position these favoured few would have a personal interest in maintaining the established government with their unwavering support. This imitation aristocracy was expected to serve as a cure for any democratic constitutional contagion that wafted up from the republic to the south.
The British cabinet accepted Grenville's bill and sent it to the House of Commons in the fall of where its introduction was delayed because of a threatened war with Spain over territorial interests in North America. House of Commons It was said that Pitt, who was described by a colleague "as chilling and impressive as an iceberg," looked across the ocean with those "wise eyes of his" and declared that the bill would "remove the differences of opinion which had arisen between the old and the new inhabitants of Quebec.
When the debate did take place it was one of the most interesting and passionate in British parliamentary history. The record of it filled thirty-eight pages, however, only three of which dealt directly with the Quebec legislation.
Hardly anyone talked about the bill itself. The debate was memorable because of the encounter which occurred between two parliamentary giants: Charles James Fox and Edmund Burke. The cause of their clash was not Canada for neither man knew much about the colony. Burke described it as being "bleak and barren. It had suddenly changed from being an exciting foreign spectacle into a major national issue.
Charles James Fox was a great liberal and the ablest debater of his day. While Fox was born an aristocrat, he was solidly behind reforming parliament to make it more democratic. In his early years he was something of a playboy who wore pink heeled shoes and blue hair powder. Later he gave up his dandified clothes for a plain blue coat and buff waistcoat, the same colours then worn by General Washington's army.
Fox was an enthusiastic and impulsive person who strongly supported the American revolution and fully defended the French revolution. Charles James Fox  Edmund Burke was described as one of most intelligent individuals ever to sit in the British parliament. Initially Burke defended democracy and was a strong supporter of the American revolution, but as atrocities mounted in France he recoiled in horror at the French Revolution.
The anarchy and outrage taking place there appalled him and he developed a passionate hatred for revolutions and democracy. Edmund Burke  In Burke's Own Words "Our present danger is from anarchy - plundering, ferocious, bloody, tyrannical democracy. It is founded on the scorn of history. I set my feet in the footprints of my forebears where I may neither wander nor stumble. People will not look forward to posterity who never look back to their ancestors.
They entered the House of Commons on May 6th as comrades-in-arms prepared to debate the Quebec bill paragraph by paragraph. During debate on this "peaceful bill" violent passions were to erupt that caused their friendship to founder and fail. Burke led off the debate but instead of discussing Canada's constitution, he launched into a tirade against the French Revolution. Despite being called to order he persisted in his impassioned attack on the French constitution. Various Members shouted rowdy reminders for him to stick to the topic at hand but without effect.
Talk turned to tumult as Fox and other Members endeavoured to shout Burke down.
A censure motion seconded by Fox served only to incense Burke who said he was being treated unfairly. He continued to rail against the revolution calling it "a foul, monstrous thing.
Laying on the terror with a trowel Burke said that France was "swimming in blood, polluted by massacre and strewn with scattered limbs and mutilate carcasses. Burke's speech was the signal for Fox's ardent young band of radicals, whom Burke called "the little dogs," to howl and hiss. In the middle of his enraged rant, Burke caught sight of his old friend Fox taunting him and in his frenzied state the sight was too much for Burke to bear.
He turned dramatically towards Fox and declared that a personal attack had been made on him from a quarter he could never have expected after a friendship of 22 years. Then he declared loudly, "this cursed French revolution envenoms everything," to which Fox remarked, "There is no loss of friendship between us. I have done my duty. I know the price of my conduct. Our friendship is at an end. Trembling with emotion Fox attempted to speak, but unable to utter a word, he slumped back distraught into his seat.
There was hardly a dry eye in the galleries. Thereafter, whenever the two men met it was as complete strangers. Six years later when Burke lay dying of cancer of the stomach Fox rushed to his home hoping to end their quarrel before death did.
Burke refused to see him. The end of the celebrated association between these two great parliamentarians ensured the lasting fame of our founding for their break-up occurred during consideration of our constitution. The bill creating Canada was piloted through the House of Commons by Pitt himself. The document reflected the prime minister's attempt simply to avoid trouble with the colony rather than to create a new and nobler kind of constitution for the new Canadian colony.
When they finally got around to considering it the legislation was sharply debated by Burke and Fox. Pitt ignored the advice of British merchants in Quebec, who opposed the division which would reduce them to a minority in the new province, and divided the colony into two provinces in order "to reconcile the clashing interests" of the old French and the new British inhabitants.
This would be prevented in Canada by using the concept of "divide and rule. Edmund Burke agreed with Pitt's decision to split Quebec.