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Bringing home the British North America Act

Broadcast Date: Nov. 25, 1957

Brilliant and determined, John A. Macdonald has a singular political finesse. At the helm of a series of conferences, Macdonald meets with a group of political visionaries including George-Étienne Cartier, Thomas D'Arcy McGee, Charles Tupper and George Brown. They discuss the possibility of uniting British North America to affirm their solidarity and independence. For some, the proposed BNA Act is a step towards a long desired nationhood. Others fear this merger will lead to unfavourable centralization of power in Ottawa.

The BNA Act divides responsibilities between the provincial and federal powers. Some argue that the roles haven't been clearly delineated. This discord will be problematic in the future. Nonetheless, Queen Victoria gives her royal approval on March 29, 1867. Ontario, Quebec, Nova Scotia and New Brunswick are joined together as the Dominion of Canada on July 1, 1867. Macdonald is selected to become the first prime minister to lead the country into a new era.

Bringing home the British North America Act

• Between 1763 and 1867, five constitutions were written for British North America including the Royal Proclamation in 1763, the 1774 Quebec Act, the Constitutional Act of 1791, the Union Act in 1841 and the BNA Act in 1867.

• While the Canadian government could request changes to the Constitution, Great Britain retained the power to make final decisions and enact changes. Over a century later, on April 17, 1982, Canada achieved patriation, bringing the Constitution under domestic power. All the provinces signed on with the notable exception of Quebec.

• Under the BNA Act the federal government was responsible for 29 areas including trade and commerce, militia and defence, fisheries, banking, criminal law, and the general overriding power of "peace, order and good government." The province had legislative powers over property and civil rights, administration of justice, and local matters pertaining to the region including the maintenance and management of hospitals. The "paramountcy rule" stated that when legislative conflict arose between the two powers, the federal power would prevail.

• The peace, order and good government clause, in section 91 of the BNA Act, allowed the federal government far-reaching powers to override the provincial powers when an issue or event threatened the country. For example, the federal powers enacted a slew of new legislation during the First World War with the passing of the War Measures Act.

• Following Confederation, Canada continued to grow from sea to sea. Manitoba became the fifth province on July 15, 1870, and British Columbia joined soon after on July 20, 1871. Prince Edward Island became the seventh province on July 1, 1873. Britain passed over title to the arctic in 1880. On Sept. 1, 1905, Alberta and Saskatchewan also joined the Dominion of Canada. On March 31, 1949, Newfoundland became Canada's 10th province. The Northwest Territories joined Confederation on July 15, 1870. The Yukon Territory was accepted on June 13, 1898. Nunavut was created on April 1, 1999.

Bringing home the British North America Act

Medium: Radio

Program: CBC Radio News Special

Broadcast Date: Nov. 25, 1957

Guest(s): F.R. Scott

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Duration: 5:05

Photo: National Archives of Canada, PA 091061

Last updated:
Sept. 1, 2009