British North America Act


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British North America Act,

law passed by the British Parliament in 1867 that provided for the unification of the Canadian provinces into the dominion of Canada. Until 1982 the act also functioned as the constitution of Canada. The act enumerated the powers of the provincial legislatures and gave the residual powers to the dominion; its interpretation by the privy council somewhat nullified this design by giving a very extended scope to the provincial power of "property and civil rights," and developing a doctrine of "emergency powers" to give the dominion the authority needed by a national government in time of war. This act was superseded by the Canada ActCanada Act,
also called the Constitutional Act of 1982, which made Canada a fully sovereign state. The British Parliament approved it on Mar. 25, 1982, and Queen Elizabeth II proclaimed it on Apr. 17, 1982.
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 of 1982.
References in periodicals archive ?
(7) British North America Act, 1867 (UK), 30 & 31 Vict, c 3 [BNA Act].
Later, the Federal Government, through the British North America Act of 1867, which created the nation of Canada, took over from the provinces and assumed exclusive jurisdiction over banking, with nationwide branch banking as a consequence.
False history: The province of Ontario cannot tell Catholics, who have had their own school system since the British North America Act in 1867, how they should teach ethics and morals.
Even if they wanted to, it would require a change to the "British North America Act" and any move in that direction would open a Pandora's box of political maneuverings with each premier using the occasion to add on whatever beef they might have with the Act.
(1.) Reference re British North America Act 1867 (UK) Section 24, [1928] S.C.R.
An act of the British Parliament, lacking evocative language and even an amending formula, the British North America Act of 1867 was primarily the plaything of federal and provincial politicians, concerned about the division of powers between them.
For the most part, however, the chapters address provincial issues that have been either shaped by or have shaped the national constitutional landscape: the emergence and legal defence of separate school boards; the regulation of Indian hunting and fishing rights; the "Persons Case" which in 1929 led to the legal recognition of women as persons under the terms of the British North America Act; the creation of Metis settlements which constitute the only secure land base for the Metis in Canada; the constitutional challenges that came from William Aberhart's Social Credit movement; and, of course, the National Energy Policy.
In 1866, as the Fathers of Confederation were working on drafting the British North America Act that would lead to the creation of Canada the following year, a Montreal businessman and journalist, James Croil, was appointed an agent of the Presbyterian synod in connection with the Church of Scotland "to devise and carry into execution such measures as ...
He is hopeful the courts will see things that way because, he said, the word "Indian" was never defined when Section 91 (24) of the British North America Act gave the federal government--not the provinces--responsibility for Native people.
In 1981 when she came to Canada to sign the new Canadian Constitution, it was a moment when she wore two crowns in quick succession, for as the United Kingdom sovereign she terminated the British North America Act and as Queen of Canada she signed the Constitution of Canada.
However, the British North America Act is written to ensure areas of jurisdiction are clearly understood.
In January 1867 Adderley was playing host to the prime minister of Canada with his delegation, a visit that resulted in the British North America Act, giving Canada dominion status.

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