Canadian Independence: Pre-Confederation

• Canadian political sovereignty/independence from Britain occurred gradually through several key events and developments.

Pre-Confederation Developments (1763–1867)

• British North America was initially governed by Britain
• Colonial demands for self-rule led to increasing autonomy.
• The Royal Proclamation occurred in 1763
• It was the first constitutional document in what would become Canada
• It established British rule and protocols for Indigenous land rights.
• The Quebec Act occurred in 1774
• It allowed French civil law & Catholicism, preventing assimilation of the French population.
• The Constitutional Act occurred in 1791
• It divided the colony into Upper and Lower Canada
• Each had its own legislature.
• Armed uprisings demanding responsible government took place in 1837, in Upper & Lower Canada
• The Durham Report in 1839 recommended responsible government and merging Upper & Lower Canada.
• The Act of Union in 1840 combined Upper & Lower Canada into the Province of Canada.
• In 1848, Responsible Government was Introduced
• New Brunswick, Nova Scotia, and Canada (Ontario & Quebec) gained self-rule
• This reduced British interference.

Confederation (1867)

• It was the birth of Canada
• The British North America Act (BNA Act, 1867) created Canada
• It was a self-governing dominion within the British Empire.
• Ontario, Quebec, New Brunswick, and Nova Scotia were unified.
• A federal system was established
• The Federal Government (Sec. 91) was responsible for trade, defense, and criminal law
• Provincial Governments (Sec. 92) were responsible for healthcare, education, and property rights
• Britain still controlled foreign policy and constitutional amendments.

Gradual Sovereignty (1867–1982)

• Canada remained under British legal control for decades after Confederation.
• Canada fought as part of the British Empire during World War I (1914–1918)
• After the war, Canada demanded more independence in global affairs.
• The Imperial Conference (1926) & Balfour Declaration declared Canada and other dominions equal in status to Britain.
• The Statute of Westminster (1931) granted Canada full legislative independence
• British laws no longer automatically applied to Canada.
• In 1949, Appeals to the Judicial Committee of the Privy Council (JCPC) ended
• The Supreme Court of Canada became the highest legal authority, replacing Britain’s JCPC.
• In 1982, the Constitution was repatriated
• The Constitution was brought under full Canadian control.
• The Charter of Rights and Freedoms was introduced.
• Canada’s own amending formula (7/50 rule) was established.

Western Alienation

• Western provinces (Alberta, Saskatchewan, Manitoba, BC) feel politically & economically marginalized
• They perceive that the federal government favors Central Canada (Ontario & Quebec) in policies.

Causes of Western Alienation

• Pre-1930s, Western provinces were denied control over their natural resources, unlike other provinces.
• Manitoba (1870) and other Prairie provinces had resources controlled by Ottawa.
• A 1930s Amendment finally gave provinces control over their resources.
• The National Policy (1879) introduced high tariffs on foreign goods to protect Ontario industries
• Western farmers had to pay higher prices for machinery
• They were unable to sell grain at higher prices.
• Banks were centered in Toronto/Montreal
• This made it hard for Western farmers to access loans
• This led to the emergence of protest parties like the Social Credit Party and the Progressive Party of Canada.
• The National Energy Program (NEP, 1980) saw the federal government regulate Alberta’s oil prices
• This was done to keep energy costs low for Eastern Canada.
• Alberta & Saskatchewan lost billions in potential revenue.
• Western Canada resented that Quebec received special treatment such as distinct society status and in constitutional negotiations.
• Western provinces have only 24 Senate seats versus Ontario & Quebec (24 each).
• There were calls for Triple E Senate Reform which means:
• Senators should be Elected by voters.
• The Senate should be Effective and have real power.
• All provinces should have Equal representation.

Mechanisms to Address Regional Inequalities

• The federal government introduced policies to ease regional tensions
• Equalization Payments have been made Since 1957
• These transfer federal funds from “have” to “have-not” provinces.
• Richer provinces such as BC, Alberta, and Saskatchewan contribute
• Poorer provinces such as the Maritimes, Quebec, and Ontario (in recent years) receive payments.
• There are also Federal programs to boost regional economies such as:
• Atlantic Canada Opportunities Agency (ACOA).
• Western Economic Diversification Canada.
• Quebec Economic Development Program.

Federalism Definition

• Federalism divides power between two independent levels of government (Federal & Provincial).
• Canada chose federalism to accommodate Quebec and as protection from American expansion.

Main Components of the Confederation Settlement

• The Division of Powers is detailed in Sections 91, 92, and 95 of the Constitution Act, 1867
• Section 91 (Federal Powers) covers defense, trade, and criminal law.
• Section 92 (Provincial Powers) covers education, healthcare, and property rights.
• Section 95 (Concurrent Powers) covers agriculture and immigration
• Both federal & provincial governments can legislate these.
• Initially, the federal government controlled most finances.
• Over time, provinces gained greater taxation authority, especially for social programs.
• Fiscal Federalism aims to balance financial relations between federal & provincial governments.
• Federal Controls Over Provinces are Rarely Used Today but consist of:
• The Reservation Power, where the Lieutenant Governor can delay a provincial law for federal approval.
• The Disallowance Power allows the federal government to override provincial laws within a year.
• The Declaratory Power allows the federal government to take control of provincial matters deemed “national interest”.
• The Senate protects smaller provinces.
• The House of Commons uses representation based on population.
• Quebec was given Cultural Guarantees
• Section 93 protects denominational (religious) education for Catholics in Quebec.
• Section 133 guarantees bilingualism in Quebec & the federal government.

Evolution of Federalism in Canada

• Canada started highly centralized (1867) but became one of the most decentralized federations.
• Judicial rulings, Quebec nationalism, & provincial fiscal growth contributed to decentralization.
• Canada’s federal system was designed to balance national unity with provincial autonomy.
• Provinces gradually gained more control over social programs, taxation, and resources.
• The Confederation settlement still defines Canada’s federal structure today.

Explore Canadian independence from Britain through pre-confederation events. Key milestones include the Royal Proclamation, Quebec Act, and Constitutional Act. The Durham Report recommended responsible government.