Please answer all these questions in detail. You can use the two pages from the textbook attached to this post as a reference.

1. Explain the significance of the British North America Act.

2. Why is the Statute of Westminster important in Canadian law?

3. Why did it take so long for Canada to get control of its own Constitution?

4. Explain the amending formula necessary to change Canada's Constitution.

5. Distinguish between sections 91 and 92 of the Constitution Act, 1867, and identify three important powers contained in each section.

Open with 1.6 The Development of Did You Know? Canada's Constitution The BNA Act was renamed and levels that the Constitution Act, 1867. The powers or government to make law, and the levels of government respond The main part of the sible for making law are described in the Canadian Constitution. The British Constitution Act, 1982 is Parliament passed our first constitution, the British North America Act (BNA the Constitution Act, 1867. Other key elements of the Act). It came into effect on July 1, 1867A new and inter called the Dominion of Constitution Act, 1982, Canada was born. Four provinces made up the country vinces: Ontario, Quebec include the Canadian New Brunswick, and Nova Scotia. But" Canada was not + fully independent- Charter of Rights and country because Britain still controlled Canada's foreign affairs. For example, Freedoms and the Canada could not make its own treaties with other countries. When Britain amending formula for the Constitution. declared war, Canada was also automatically at war. In addition? Canada's JCPC) highest court was actually in Britain, the Judicial Committee of the Brim Council It could overrule decisions made by the Canadian courts. British Parliament passed Gradually, Canada assumed more control over its own affairs. In 1931, the Statute of Westminster, passed by giving eish Parliament, gave Canada control over its foreign affairs. Se when World War II broke out in 1939, Canada was able to declare war on Germany independent of Britain. Then, in 1949, the Supreme Court of Canada became Canada's highest court of appeal. But" the However, ill one link to Britain that prevented Canada from being ftruly independent country. Because the BNA A could change (amend) it] and only be changed (amended) by the British Parliament Canada had to ask Britain about any changes it wanted to make. For example, in 1940, when the Canadian federal government wanted to include unemployment insurance in the BNA Act as one of its powers the British Parliament had to pass the amendment. During the twentieth century, Britain was more than willing to give Canada its own constitution and allow it to be a- truly independent country. But for many" However - the federal and provincial gov- ernments were suspicious of each other and unwilling to risk losing any powers. Therefore they could not agree on a for- mula to amend the Constitution, if change became necessary. The Constitution was transferred to Canada from Britain on April 17, 1982, and Canada finally became an independent country. This process was called patriation. The Queen, shown here with Prime Minister Pierre Elliott Trudeau, signed the Constitution Act, 1982, in Ottawa. NEL Chapter 1 Law: Its Purpose and History 27Division of Powers The Constitution Act, 1867, lists the powers of the federal, provincial, and territorial government powers-municipal ones. It outlines which govern- ment has jurisdiction, or authority, to make laws in specific areas. The federal govern powers lowers are outlined in section 91, while those of the provincial government fare outlined in section 92. Section 93 gives the provinces con- trol over education. The chart below gives specific examples of federal and some of the provincial government powers. Federal and Provincial Government Powers Federal Government Powers Provincial Government Powers Section 91) (Section 92) peace, order, and good government . property and civil rights criminal law . marriage ceremonies . unemployment insurance . police forces and provincial . banking, currency, and coinage courts . federal penitentiaries . highways and roads . marriage and divorce . provincial jails * postal services . hospitals . Aboriginal peoples and their lands The Constitution clearly spells out the division of powers. However, Although the division of powers constitution is spelled out clearly, there are still many disputes between governments. For example, providing levels of health care is a provincial responsibility. But the federal government tries to set nation al de standards that guarantee all Canadians equal access to health care. However some provinces argue that if the federal government wants to sell standards for the provincial systems, it should provide more money than it does" Sometimes, these disputes between levels of governments end up in court. Cities and Townships: A Third Level of Government Although the Constitution Act, 1867, established only two levels of govern- ment the provinces +gave wert some of their powers to a third level, the local municipality. Municipalities include cities, towns, townships, villages, and counties. Most of the bylaws that govern the activities of a local community ard passed by #municipality For example, bylaws govern emergency services, building permits, and such things as the use of pesticides on your lawn and so on