Contents:

Confederation in Canada

Confederation in Canada

Confederation History in Canada

The provision in the Act of Union whereby the two parts of the united province were to have equal representation in the Legislative Assembly was the rock on which the union split. It brought about in the government of united Canada a dualism or quasi-federalism which ultimately proved unworkable. This dualism was reflected not only in the double-barrelled names of the administrations during this period (such as the Baldwin-Lafontaine administration, the Hincks-Morin, and the Macdonald-Cartier), but also in what was known as ” the double-majority system” – a sort of convention by which a majority from the part of the province particularly affected was necessary for the passage of legislation. It was reflected even in the realm of public finance, so that if a sum of money was voted for Canada East, an equal sum of money had to be voted for Canada West.

When the Act of Union was passed, the population of Lower Canada was greater than that of Upper Canada ; and there was therefore no complaint from Upper Canada with regard to equal representation. But within a decade, the situation was reversed, and Upper Canada had a larger population than Lower Canada . The consequence was that there soon sprang up in Upper Canada a demand for ” representation by population”. This demand naturally roused opposition in Lower Canada; and Colonel (afterwards Sir) Etienne Taché declared that the surplus population of Upper Canada had no more right to representation than “so many codfish in Gaspé bay”. The two parts of the province were thus set at variance; and it was not long before government came to an impasse. No government was able to command a majority in both parts of the province, and parties were so evenly divided that the fate of the government often hung by a thread. Between 1861 and 1864 there were four ministries formed, and two general elections held, yet without any decisive result.

This deadlock was, as Goldwin Smith said, “the true parent of Confederation.” The idea of the federation of British North America was, it is true, not new. It was a favourite idea with the United Empire Loyalists; and it was later espoused by persons so different as John Strachan and John Beverley Robinson on the one hand and Robert Gourlay and William Lyon Mackenzie on the other. It was advocated by Lord Durham, though he did not think it was feasible in his time; and it became the theme of some of the most stirring oratory of Thomas D’Arcy McGee. “I see in the not remote distance,” said McGee, “one great nationality, bound, like the shield of Achilles, by the blue rim of ocean.” But it was not only the breakdown of government in United Canada that brought the idea of the union of British North America within the, sphere of practical politics. It became necessary to submerge or subordinate the rival animosities of Upper and Lower Canada in a larger arena; and in 1864 the leading politicians in both parties in Canada were brought together in a coalition government with a view to bringing about this result.

It so happened that at this time the idea of the union of the Maritime provinces was in the air; and in September, 1864, a meeting of delegates from the Maritime provinces was called to meet at Charlottetown, Prince Edward Island , in order to discuss this project. Delegates from Canada were sent to this conference to invite the delegates from the Maritime provinces to meet at Quebec in October to discuss the larger union. The invitation was accepted; and on October 10, 1864, there met at Quebec the famous Quebec Conference, which, after deliberations lasting two weeks, framed seventy-two resolutions embodying the basis of Confederation. Owing to political difficulties in the Maritime provinces , Confederation was not immediately consummated. It was not until 1866 that representatives of Canada, Nova Scotia, and New Brunswick met in London to discuss with representatives of the Colonial Office the terms of union; but the result of their deliberations was the British North America Act, passed by the British parliament in 1867, and by this Act Upper Canada (henceforth Ontario), Lower Canada (henceforth Quebec), New Brunswick, and Nova Scotia were united in a federal union to be known as the Dominion of Canada.

The outstanding feature of the new Dominion was that it combined the advantages of central government with those of local autonomy. A set of governmental machinery was created, with its headquarters in Ottawa ; but at the same time the individual provinces retained their identity and their control of local affairs. To the Dominion was given oversight of such general matters as customs and excise, trade and commerce, militia and defence, railways and canals, and criminal justice; whereas the provinces retained control of education, property and civil rights, municipal affairs, and other matters of local concern. This arrangement enabled the province of Quebec, for example, to preserve its peculiar institutions, such as its language, its civil laws, and its schools; while it gave to it at the same time the backing of the other provinces in matters of general concern, such as military and naval defence, the building of railways, postal facilities, and so forth. There has been at times difficulty in drawing the line between the spheres of the Dominion and the provinces, and a good deal of litigation has resulted; but, on the other hand, the application of-: the federal principle to Canadian government has gone a long way toward solving the problem of ” the two races” in Canada. Federalism has removed most of the sources of friction between the French and the English in Canada, and while no one can pretend that friction has disappeared, it has been reduced to a minimum, and has never since 1867 been serious.

The federation of 1867 included only Ontario , Quebec , New Brunswick , and Nova Scotia . But, with astonishing rapidity, the infant Dominion proceeded to extend itself from the Atlantic to the Pacific. In 1869 the Dominion acquired the vast extent of the Hudson’s Bay Company’s territories, out of which have been carved since that time the provinces of Manitoba, Saskatchewan, and Alberta; in 1871 British Columbia came into federation, and in 1873 Prince Edward Island. Finally, in 1895, Canada took over from the mother country the islands of the Arctic archipelago. These accessions of territory gave to the Dominion an area greater than that of the United States.

Since 1867 the internal changes in the constitution of the Dominion of Canada have been slight [Reminder: this text was written in 1948; there have been significant changes made to the Canadian constitution, notably through the process of patriation and the inclusion of a Charter of Rights in 1982]. There has been some diminution in the powers of the governor-general, introduced in. 378 at the instance of Edward Blake; and there have been various amendments in the British North America Act, such as that changing the number of members in the Senate of Canada [This page provides the text of the constitutional documents]. There is, however, a growing feeling that the British North America Act, passed in a generation preceding the last, is now out-of-date, and is due for extensive revision. Many problems, such as that of unemployment relief, control of marketing; and the regulation of radios and aviation, were not contemplated by those who framed the British North America Act; and it is desirable that the constitution should be amended so as to indicate clearly where the, responsibility for dealing with such matters really lies.

Source: W. Stewart WALLACE, “History, Constitutional”, in The Encyclopedia of Canada, Vol. 3, Toronto, University Associates of Canada, 1948, 396p., pp. 147-153.

Newfoundland and Labrador Confederation with Canada Documents

These documents illustrate the story of Newfoundland and Labrador’s entry into Canada, from Lord Durham’s Report of 1839 to the latest chapter in the saga of Term 17.

Lord Durham’s Report, 1839: Report of Lord Durham on the British North American colonies, in which he mused about the possible incorporation of Newfoundland into a British North American Union.
The Quebec Resolutions, 1864: The Resolutions of the Quebec Conference of 1864 on the subject of Confederation of the British North American Colonies. Newfoundland attended this Conference, and was represented by Frederick B.T. Carter and Ambrose Shea. Resolutions 2, 9, 12, 17, 33, 34, 62, 63, 64 and 66 contemplated Newfoundland’s joining Confederation.
The London Resolutions, 1866: The Resolutions of the London Conference of 1866 on the subject of Confederation of the British North American Colonies. Though Newfoundland did not attend this Conference, Resolutions 2 and 10 provided for its eventual inclusion in the Confederation.
Proposed Terms of Union, 1869: Terms of entry into Confederation proposed by a committee of the Newfoundland House of Assembly.
Proposed Terms of Union, 1895:
The National Convention Act, 1946: Constituted a National Convention to decide what form the future government of Newfoundland should take. It was not a legislature, but rather a sort of constitutional convention, and met from 1946 to 1948. This was the first time provision was made for representation for Labrador in any Newoundland assembly, although until the National Convention Act was amended in July, the Governor had the power to appoint Labrador’s delegate (see below). In the summer of 1946, delegates were elected in each electoral district, and the Convention convened in St. John’s on September 11th.
This Act was later amended by two other Acts: S.N. 1946, No. 29 (providing for an election in Labrador); and S.N. 1946 No. 45 (providing for the appointment of a Chairman who was not a member of the Convention).
The National Convention (Labrador) Act, 1946: Amended the National Convention Act to provide for the election, rather than the appointment, of a delegate to represent Labrador–the first time Labradorians were ever granted the franchise.
The National Convention (Amendment) Act, 1946
The Referendum Act, 1948
Currie v. MacDonald, 1948: The trial and appeal decision in a last-minute attempt to challenge Confederation in court.
Motion by A.P. Herbert, 1949: A motion circulated in the British House of Commons by Independent M.P. A.P. Herbert, who favoured restoration of Responsible Government to Newfoundland.
Proposed amendment to the Newfoundland Act, 1949: An amendment to the Newfoundland Act proposed by Independent M.P. A.P. Herbert, who had toured Newfoundland and Labrador as part of a delegation from the British House of Commons.
Proposed Newfoundland (Liberation) Act, 1949: A Private Member’s Bill drafted by Independent M.P. A.P. Herbert, who favoured restoration of Responsible Government to Newfoundland.
The Newfoundland Act, 1949 and Terms of Union of Newfoundland with Canada: Brought Newfoundland and Labrador into Confederation as the tenth province.
The Newfoundland Additional Financial Assistance Act: Enacted by Parliament in 1966 in response to the recommendations of the Royal Commission appointed under Term 29 of the Terms of Union.
Constitution Amendment Proclamation, 1987: Added the Pentecostal Assemblies of Newfoundland to the denominations which enjoyed the privileges of Term 17.
Constitution Amendment Proclamation, 1997 (Newfoundland Act): Amended Term 17 of the Terms of Union, dealing with education rights in Newfoundland and Labrador.
Term 17 Amendment, 1998: The amended Term 17 of the Terms of Union, which was enacted following a provincial plebiscite that was held September 2, 1997. The plebiscite question was: “Do you support a single school system where all children, regardless of their religious affiliation, attend the same schools where opportunities for religious education and observances are provided?”
Proposed Constitutional Amendment, 1999: A Resolution by the Newfoundland House of Assembly to amend the Terms of Union to officially change the name of the Province to “Newfoundland and Labrador”, unanimously passed April 29, 1999. It has not yet been passed by the Senate or House of Commons, or been proclaimed by the Governor General.
Citizenship Provisions: The relevant provisions of Canadian and British law pertaining to the citizenship status of people who were British subjects resident in Newfoundland prior to Confederation.

Confederation and Parliament

Beginning in the late 1850s and continuing into the early 1860s, there was increasing pressure on the provinces of British North America to unite.[61] The movement was prompted by political difficulties in the Province of Canada[62] and fuelled by collective prospects for economic advantage and improved military security.
Such a federal union had been recommended by Lord Durham in his report and discussed more than once in the legislatures of British North America.[63]

On September 1, 1864, delegates from the Maritime Provinces met in Charlottetown to discuss the union of Nova Scotia, New Brunswick and Prince Edward Island. They were joined by representatives from both parts of the Province of Canada with the result that a decision was made to consider a larger union of all the provinces.[64] A second meeting was held in Quebec City beginning on October 10, 1864, attended by 33 delegates representing the provinces of Canada, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland. After 18 days of deliberation, the delegates unanimously approved 72 resolutions embodying the terms of a federal union.[65]

The resolutions were debated in the legislature of the Province of Canada from February 3 to March 14, 1865, culminating in the agreement of both houses to proceed with the union. Maritime opposition, however, delayed the process for over a year.[66] In the fall of 1866, delegates from Canada, Nova Scotia and New Brunswick travelled to London, England, to meet with the Colonial Secretary and make their case to legislators in the British Parliament. Sixty?nine resolutions were drafted and introduced in the form of the British North America Act on February 12, 1867.[67] The legislation received Royal Assent a little over a month later, on March 29, and came into force on July 1 of the same year.

The Preamble of the Act expressed the desire of the founding provinces to be federally united, with a constitution similar in principle to that of the United Kingdom.[68] The Act entrenched the three principal elements of British parliamentary tradition—monarchy, representation and responsibility—in a new federal form of government. A central government was created for national purposes, and provincial governments for matters of regional or local concern. The provincial governments were not to be subordinate to the national government; rather, within its own jurisdiction, each was to be largely autonomous.

Although only Nova Scotia, New Brunswick, and the Province of Canada (subsequently named Ontario and Quebec) initially chose to be included in the new Dominion of Canada, the Constitution Act, 1867 made provision for the admission of Newfoundland, Prince Edward Island, British Columbia and “Rupert’s Land and the North?Western Territory” (subsequently designated the Northwest Territories) at a later date.[69] The Northwest Territories became part of Canada in 1868,[70] the province of Manitoba was established in 1870,[71] British Columbia joined the federation in 1871[72] and Prince Edward Island in 1873.[73] The provinces of Saskatchewan and Alberta were formed in 1905.[74] Following provincial boundary changes, only the Northwest Territories and the Yukon (created out of the Northwest Territories in 1898) were left as “territories” within Canada.[75] Newfoundland joined Confederation, becoming the tenth Canadian province in 1949.[76] In 1999, Nunavut was created out of the Northwest Territories and given its own legislature.[77]

Resources

Notes

61. For historical accounts of the initiation of Confederation, see Bourinot, 2nd ed., pp. 39?45; 4th ed., pp. 15?7; Canada, Legislative Assembly, Parliamentary Debates on the Subject of the Confederation of the British North American Provinces, 3rd Session, 8th Provincial Parliament of Canada, Québec: Hunter, Rose & Co., Parliamentary Printers, 1865.

[62] Under section 12 of the Union Act, 1840, Upper and Lower Canada were equally represented in the legislature of the united Province. In the beginning, this arrangement favoured Upper Canada whose population was then smaller. However, the large number of immigrants flowing into Upper Canada following the union soon gave it the preponderance of the population. Demands for increased representation were resisted by Lower Canada on the grounds that this would contravene one of the conditions under which they had agreed to unite (R.S. 1985, Appendix II, No. 4).

To manage the ongoing political conflict, the legislature embraced the principle of a double majority: in short, no administration should continue in power unless it enjoyed the support of a majority of the members from each part of the province, and no measure affecting the interests of a particular section should be passed without the consent of the majority of its representatives. However attractive in theory, the principle was not terribly practicable and was abandoned in the early 1860s.

With the opposing interests in the legislature so evenly balanced, the vote of a single member could decide the fate of a ministry. Between May 21, 1862, and June 30, 1864, there were no less than five different ministries and legislation was virtually deadlocked (Bourinot, 2nd ed., p. 42).

[63] Bourinot, 2nd ed., p. 42.

[64] Bourinot, 2nd ed., p. 43.

[65] The Quebec Resolutions, 1864, may be found in Ollivier, M., British North America Acts and Selected Statutes, 1867?1962, Ottawa: Queen’s Printer, 1962, pp. 39?49.

[66] Bourinot, 2nd ed., pp. 44?5.

[67] The London Resolutions, 1866, may be found in Ollivier, pp. 50?60. In 1982, the British North America Act, 1867 was renamed the Constitution Act, 1867 (R.S. 1985, Appendix II, No. 5).

[68] Constitution Act, 1867, R.S. 1985, Appendix II, No. 5, Preamble.

[69] Constitution Act, 1867, R.S. 1985, Appendix II, No. 5, ss. 146 and 147.

[70] Rupert’s Land Act, 1868, S.C. 1869, pp. iii?v; An Act for the temporary Government of Rupert’s Land and the North?Western Territory when united with Canada, S.C. 1869, c. 3.

[71] Manitoba Act, 1870, R.S. 1985, Appendix II, No. 8.

[72] British Columbia Terms of Union, R.S. 1985, Appendix II, No. 10.

[73] Prince Edward Island Terms of Union, R.S. 1985, Appendix II, No. 12.

[74] Alberta Act and Saskatchewan Act, R.S. 1985, Appendix II, Nos. 20 and 21 respectively.

[75] Constitution Act, 1867, R.S. 1985, Appendix II, No. 5, s. 146.

[76] Newfoundland Act, R.S. 1985, Appendix II, No. 32. In 2001, the name of the province of Newfoundland was changed to Newfoundland and Labrador (Journals, October 30, 2001, p. 764). See also the Constitution Amendment, 2001 (Newfoundland and Labrador), SI/2001?117.

[77] Nunavut Act, S.C. 1993, c. 28; An Act to amend the Nunavut Act and the Constitution Act, 1867, S.C. 1998, c. 15.

Definition of Confederation

The Canada social science dictionary [1] provides the following meaning of Confederation: The joining together of territories with separate political systems into a political union that establishes a Federal government. The Federal government is constitutionally permitted to exercise specific powers, while others are reserved for the exclusive jurisdiction of provincial or state governments. Canadian Confederation was established by the Constitution Act of 1867 (originally the British North America Act, 1867) which joined Ontario and Quebec (the ‘Province of Canada’) with Nova Scotia and New Brunswick. Six provinces later joined Confederation, Manitoba (1870) , British Columbia (1871) , Prince Edward Island (1873), Alberta and Saskatchewan (1905) and Newfoundland (1949). The Yukon , Northwest Territories and the territory of Nunavut do not have provincial status and exercise limited powers of government under the authority of the government of Canada. Within confederation can be found three distinct visions of the nation of Canada. One sees Canada with a strong federal or central government and weaker provincial governments; the second sees Canada with a weak federal government and strong provincial government; and the third sees Canada as the federation of a French speaking nation and an English speaking nation. These three visions have created tensions within Canada that continue to influence Canadian politics. See: NATIONAL POLICY related information in this encyclopedia, in the legal dictionary or in the world encyclopedia of law.

Confederation: Resources

Notes and References

Drislane, R., & Parkinson, G. (2016). (Concept of) Confederation. Online dictionary of the social sciences. Open University of Canada

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