| The British North America (BNA) Act was enacted to be the
guidelines of a newly created Canada. As with most legislation it
reflected the times in which it was written.
The BNA had no provision for a Prime Minister, Provincial premiers
or political parties. So what went wrong and why?
At the time of the BNA Act Canada was a colony of Imperial
Britain. The head of Canada was the Governor General appointed by
the Crown.
When the Act was declared it created the Dominion of Canada with four
provinces; Nova Scotia, New Brunswick, Quebec and Ontario.
Section III of the Act entitled Executive Powers set the stage for
who was the boss;
| 9. The Executive Government and Authority
of and over Canada is hereby declared to continue and be vested
in the Queen.
10. The Provisions of this Act referring to the
Governor General extend and apply to the Governor General for
the Time being of Canada, or other the Chief Executive Officer
or Administrator for the Time being carrying on the Government
of Canada on behalf and in the Name of the Queen, by whatever
Title he is designated.
11. There shall be a Council to aid and advise in the
Government of Canada, to be styled the Queen's Privy Council for
Canada; and the Persons who are to be Members of that Council
shall be from Time to Time chosen and summoned by the Governor
General and sworn in as Privy Councillors, and Members thereof
may be from Time to Time removed by the Governor General.
12. All Powers, Authorities, and Functions which under
any Act of the Parliament of Great Britain, or of the Parliament
of the United Kingdom of Great Britain and Ireland, or of the
Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia,
or New Brunswick, are at the Union vested in or exerciseable by
the respective Governors or Lieutenant Governors of those
Provinces, with the Advice, or with the Advice and Consent, of
the respective Executive Councils thereof, or in conjunction
with those Councils, or with any Number of Members thereof, or
by those Governors or Lieutenant Governors individually, shall,
as far as the same continue in existence and capable of being
exercised after the Union in relation to the Government of
Canada, be vested in and exerciseable by the Governor General,
with the Advice or with the Advice and Consent of or in
conjunction with the Queen's Privy Council for Canada, or any
Members thereof, or by the Governor General individually, as the
Case requires, subject nevertheless (except with respect to such
as exist under Acts of the Parliament of Great Britain or of the
Parliament of the United Kingdom of Great Britain and Ireland)
to be abolished or altered by the Parliament of Canada. |
Let us understand what the Act is saying. In Section 9, the
Queen is Chairman of the Board. In Section 10, she assigns a
Governor General as her CEO. In Section 11, she sets up a council
of elected Canadians (members to be elected by the people) and allows
the GG to appoint whomever he wishes to the Queen's Privy Council
(analogue
to what is now the Cabinet). In Section 12, she vests all the
power into the hands of the GG and his Lieutenants in the Provinces.
Just in case any body does not get the point from the above, Section
15 will crystallize it for you;
| 15. The Command-in-Chief of the Land and
Naval Militia, and of all Naval and Military Forces, of and in
Canada, is hereby declared to continue and be vested in the
Queen. |
The Act then goes on the set up the structures of power. The
Parliament of Canada is to have an Upper House, the Senate, and a House
of Commons.
The 96 member Senate is populated with appointees of the GG.
They number 24 from Ontario, 24 from Quebec, 12 from New Brunswick and
12 from Nova Scotia.
The first House of Commons consisted of One hundred and eighty-one
Members, of whom Eighty-two were elected for Ontario, Sixty-five for
Quebec, Nineteen for Nova Scotia, and Fifteen for New Brunswick.
The manager of the House of Commons was to be a Speaker elected by
the Members.
Nowhere in the BNA Act is a Prime Minster or
a Provincial Premier even mentioned or hinted at! Neither was
there any mention of political parties.
In our next segment we shall discuss how power and responsibilities
were shared by the federal and provincial governments.
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