Rediscover Our Constitution at 140
This past Saturday, I had a guest column in the Windsor Star, which you can read below. The editor put a new headline on it:
Last week was the 140th anniversary of our Canadian Constitution. Unfortunately most Canadians are unaware of this historic document and of its enduring importance. After 140 years, the “Constitution Act, 1867” continues to structure our confederation and define our levels of government.
After years of debate among our Canadian politicians, on March 29 in 1867 the Imperial Parliament at Westminster passed into law the constitutional document which united four provinces and created the Dominion of Canada. Though this document was known originally as the “British North America Act, 1867”, its name was changed in 1982 to the “Constitution Act, 1867”. However, the text remained essentially unchanged and it remains the base document for our Canadian Constitution.
This Act created and shaped Canada as we know it by establishing our federal Parliament and its legislative authority, recognizing the continued executive authority of the Crown and how it unites us, and constituting the government of the four founding provinces as well.
Since 1867 there have been only minor changes as well as significant additions. These additional documents include the Terms of Union of provinces joining Confederation and the statutes creating new provinces within Canada , such as the “Manitoba Act, 1870”.
A significant document that is also part of the Constitution now is the “Statute of Westminster, 1931” which recognized the independence of Canada within the Commonwealth. Another addition came in 1947, new Letters Patent from King George VI which constituted the current office of the Governor General of Canada . Finally, the most well-known addition came 25 years ago, also legislated at Westminster on March 29. This “Canada Act” gave us the “Constitution Act, 1982” which included a new amendment formula and the Charter of Rights and Freedoms.
However, none of these additions replaced the foundational text nor limited its importance. Somehow many have picked up the mistaken notion that our constitution was created in 1982 or that the Charter alone is the constitution. We have been misled and this affects our life as a country.
The “Constitution Act, 1867” was the successful result of cooperation between anglophone and francophone leaders, that balanced provincial autonomy with creating a new national government while respecting minority rights. While other countries have changed their constitutions entirely or in part, sometimes more than once, after 140 years our constitution still works. It is a monumental achievement that has proven to actually be one of the most successful constitutions in the world. This is due in part to the fact that our written constitution was based on the unwritten constitution of the United Kingdom , which some would argue is the oldest in the world.
When one reads the debates that led to 1867, one can appreciate the wisdom and prudence that shaped our constitution, as well as discover the founding principles of Canada . In these founding debates, the members of our legislatures argued for or against confederation and expressed the values that gave birth to Canada . From diverse perspectives, they articulated their respect for parliamentary government and authentic liberty as safeguarded by the Crown, desiring “peace, order and good government.”
Remembering these constitutional debates can even defuse current misconceptions. Sir John A. MacDonald, Sir George-Etienne Cartier, Thomas D’Arcy McGee and many others influenced these debates, thus shaping Canadian identity. Cartier expressed how British North America - what we now call Canada - was defended by French-Canadians, who understood that “their adherence to the British Crown” had preserved their language, religion and institutions. This coming together of French and British into something new is foundational to our Canadian identity.
In remembering this anniversary, we remember both our constitutional foundation and the leaders who shaped it. We should seek to re-discover the balance that led to confederation and the values it expresses. And by understanding our constitution, more citizens can actively participate in our political process today.
Canadians can be proud of our constitution. While we celebrate confederation and our country as a whole on July 1st, every March 29th we can remember the process which made it possible and the constitution which still structures our Dominion, celebrating a “Constitution Day”.
cpb
Last week was the 140th anniversary of our Canadian Constitution. Unfortunately most Canadians are unaware of this historic document and of its enduring importance. After 140 years, the “Constitution Act, 1867” continues to structure our confederation and define our levels of government.
After years of debate among our Canadian politicians, on March 29 in 1867 the Imperial Parliament at Westminster passed into law the constitutional document which united four provinces and created the Dominion of Canada. Though this document was known originally as the “British North America Act, 1867”, its name was changed in 1982 to the “Constitution Act, 1867”. However, the text remained essentially unchanged and it remains the base document for our Canadian Constitution.
This Act created and shaped Canada as we know it by establishing our federal Parliament and its legislative authority, recognizing the continued executive authority of the Crown and how it unites us, and constituting the government of the four founding provinces as well.
Since 1867 there have been only minor changes as well as significant additions. These additional documents include the Terms of Union of provinces joining Confederation and the statutes creating new provinces within Canada , such as the “Manitoba Act, 1870”.
A significant document that is also part of the Constitution now is the “Statute of Westminster, 1931” which recognized the independence of Canada within the Commonwealth. Another addition came in 1947, new Letters Patent from King George VI which constituted the current office of the Governor General of Canada . Finally, the most well-known addition came 25 years ago, also legislated at Westminster on March 29. This “Canada Act” gave us the “Constitution Act, 1982” which included a new amendment formula and the Charter of Rights and Freedoms.
However, none of these additions replaced the foundational text nor limited its importance. Somehow many have picked up the mistaken notion that our constitution was created in 1982 or that the Charter alone is the constitution. We have been misled and this affects our life as a country.
The “Constitution Act, 1867” was the successful result of cooperation between anglophone and francophone leaders, that balanced provincial autonomy with creating a new national government while respecting minority rights. While other countries have changed their constitutions entirely or in part, sometimes more than once, after 140 years our constitution still works. It is a monumental achievement that has proven to actually be one of the most successful constitutions in the world. This is due in part to the fact that our written constitution was based on the unwritten constitution of the United Kingdom , which some would argue is the oldest in the world.
When one reads the debates that led to 1867, one can appreciate the wisdom and prudence that shaped our constitution, as well as discover the founding principles of Canada . In these founding debates, the members of our legislatures argued for or against confederation and expressed the values that gave birth to Canada . From diverse perspectives, they articulated their respect for parliamentary government and authentic liberty as safeguarded by the Crown, desiring “peace, order and good government.”
Remembering these constitutional debates can even defuse current misconceptions. Sir John A. MacDonald, Sir George-Etienne Cartier, Thomas D’Arcy McGee and many others influenced these debates, thus shaping Canadian identity. Cartier expressed how British North America - what we now call Canada - was defended by French-Canadians, who understood that “their adherence to the British Crown” had preserved their language, religion and institutions. This coming together of French and British into something new is foundational to our Canadian identity.
In remembering this anniversary, we remember both our constitutional foundation and the leaders who shaped it. We should seek to re-discover the balance that led to confederation and the values it expresses. And by understanding our constitution, more citizens can actively participate in our political process today.
Canadians can be proud of our constitution. While we celebrate confederation and our country as a whole on July 1st, every March 29th we can remember the process which made it possible and the constitution which still structures our Dominion, celebrating a “Constitution Day”.
cpb
posted by Cyril P. Bagin | 7:43 PM
0 Comments:
Zverejnenie komentára
<< Home