Poli 204 Exam Study Notes-2
Confederation
What is it?
Confederation was the process that united British North American colonies into Canada on July 1, 1867.
The first provinces included Ontario, Quebec, New Brunswick, and Nova Scotia, creating the Dominion of Canada under the BNA Act (now Constitution Act 1867).
Why did Confederation Happen?
Political Problems:
Canada East (Quebec) and Canada West (Ontario) had disagreements requiring a new political system.
British North American colonies viewed themselves as distinct from the US.
Loyalty to Britain meant many wanted to preserve British identity and traditions, avoiding US assimilation.
Economic Problems:
Trade issues arose due to the cessation of US free trade in 1866.
Britain aimed to cut financial and military support, necessitating self-sufficiency.
A united Canada could improve trade connectivity through initiatives like the Intercolonial Railway.
Defense against the US:
Attacks from Irish American militias (the Fenians) after the Civil War pushed colonies towards a stronger military.
Rising American nationalism and the concept of Manifest Destiny heightened concerns.
Britain discontinued military protection, recognizing the cost amidst tensions with the US.
Who Won & Who Lost?
Confederation created the Dominion of Canada, but benefits were not evenly distributed; some groups gained while others were marginalized.
Winners and Losers
Winners:
Political & Business Elites:
Leaders gained influence; business elites thrived on economic growth with the Intercolonial Railway promise.
British Government:
Reduced financial and military obligations through self-governing Canada.
Ontario and Quebec:
Ontario received population-based representation; Quebec retained control over local affairs.
Supporters of a Stronger Canada:
Confederation facilitated a unified government for improved trade, defense, and infrastructure.
Losers:
Indigenous Peoples:
Excluded from discussions, faced marginalization through treaties favoring settlers, leading to the Indian Act and residential schools.
The Maritimes:
Opposed for fear of economic decline.
French Canadian Nationalists:
Concerns about cultural weakening and diminishing rights.
Small Farmers and Rural Workers:
Industrialization benefits large businesses, leaving small farmers struggling.
Rule of Law
What is it?
The idea that laws apply equally to all, including government authorities; prevents power abuse and protects rights.
In Practice:
Equal Treatment:
All individuals, including politicians, are subject to the same laws.
Independent Courts:
Judicial decisions based on law, free from political influence.
Access to Justice:
Citizens have the right to challenge unfair laws in court.
Rule of Law in Canada:
Written Constitution:
Guarantees fundamental rights through the charter of rights and freedoms.
Strong Institutions:
Legal system and democratic governance uphold the rule of law effectively.
Opposite of the Rule of Law:
Corruption:
Officials prioritize personal gain.
Unfair Treatment:
Disparities in treatment of different groups.
Abuse of Power:
Leaders make rules for self-interest rather than public good.
No Accountability:
High-ranking individuals disregard laws without repercussions.
Ultra Vires:
Meaning "beyond the powers"; occurs when a government or official exceeds legal authority.
Example: A provincial government attempting to legislate on matters exclusive to federal control would face an ultra vires challenge in court.