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.