Establishment of Dominions
The term Dominion was used from 1907 to 1948 to refer to one of several self-governing nations of the British Empire.
"Dominion status" was formally accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State to designate "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations”.
India, Pakistan, and Ceylon (Sri Lanka) were also dominions for short periods of time.
"Dominion status" was formally accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State to designate "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations”.
India, Pakistan, and Ceylon (Sri Lanka) were also dominions for short periods of time.
British North America Act
"The course of judicial interpretation in the Judicial Committee of the imperial Privy Council nevertheless transformed the character of the federal constitution under the act by greatly reducing the powers of the federal government and correspondingly increasing those of the provinces."
British North America Act, also called Constitution Act, 1867, is the act of Parliament of the United Kingdom by which in 1867 three British colonies in North America—Nova Scotia, New Brunswick, and Canada—were united as “one Dominion under the name of Canada” and by which provision was made that the other colonies and territories of British North America might be admitted. It also divided the province of Canada into the provinces of Quebec and Ontario and provided them with constitutions. The act served as Canada’s “constitution” until 1982, when it was renamed the Constitution Act, 1867, and became the basis of Canada’s Constitution Act of 1982, by which the British Parliament’s authority was transferred to the independent Canadian Parliament.
In the conferences and negotiations that brought about the Act, the Fathers of Confederation wanted to call the new country the “Kingdom of Canada.” But the British government feared that this imperial-sounding name would offend the Americans. After the stresses of the American Civil War, Britain was anxious not to antagonise the United States and insisted on a different title.
New Brunswick’s Sir Leonard Tilley suggested “Dominion of Canada.” Tilley was reportedly inspired by the passage in the Bible from Psalm 72:8, referring to God’s dominion: “He shall have dominion also from sea to sea, and from the river unto the ends of the earth”. The term Dominion was accepted.
The British North America Act conferred on the new dominion a constitution “similar in principle to that of the United Kingdom.” The executive government was vested in Queen Victoria and her successors. These two provisions meant that Canada would have parliamentary and cabinet government. The legislature was to consist of a Senate, its members appointed for life from the regions of Canada, and a House of Commons elected from the provinces on the principle of representation by population. The act provided that criminal law should be federal and civil law provincial. The federal government was to appoint all senior judges, the provinces to administer the laws and maintain the courts. The act also authorised establishment of a Supreme Court of Canada.
In the conferences and negotiations that brought about the Act, the Fathers of Confederation wanted to call the new country the “Kingdom of Canada.” But the British government feared that this imperial-sounding name would offend the Americans. After the stresses of the American Civil War, Britain was anxious not to antagonise the United States and insisted on a different title.
New Brunswick’s Sir Leonard Tilley suggested “Dominion of Canada.” Tilley was reportedly inspired by the passage in the Bible from Psalm 72:8, referring to God’s dominion: “He shall have dominion also from sea to sea, and from the river unto the ends of the earth”. The term Dominion was accepted.
The British North America Act conferred on the new dominion a constitution “similar in principle to that of the United Kingdom.” The executive government was vested in Queen Victoria and her successors. These two provisions meant that Canada would have parliamentary and cabinet government. The legislature was to consist of a Senate, its members appointed for life from the regions of Canada, and a House of Commons elected from the provinces on the principle of representation by population. The act provided that criminal law should be federal and civil law provincial. The federal government was to appoint all senior judges, the provinces to administer the laws and maintain the courts. The act also authorised establishment of a Supreme Court of Canada.
British North America Act of 1867
Canada's Fathers of Confederation
The allocation of powers between the federal and provincial governments was done by sections 91 and 92 of the act. By the former, the federal legislature was given power to legislate for “the peace, order and good government of Canada,” and “for greater certainty” 29 subjects of exclusive federal jurisdiction were listed. The act also gave the federal government the right to disallow any provincial act within two years of its passage. The provinces might levy direct taxation only, whereas the dominion might use any mode of taxation. The act thus provided for a union in which the federal government had general and overriding powers, while the provinces had particular and restricted ones.
The course of judicial interpretation in the Judicial Committee of the imperial Privy Council nevertheless transformed the character of the federal constitution under the act by greatly reducing the powers of the federal government and correspondingly increasing those of the provinces. The act provided no process of amendment. Amendments were made by the imperial Parliament in London at the request of the Parliament of Canada.
In the end, this establishment of the Canadian Dominion set a precedent, enabling other prominent colonies like India, Australia and New Zealand to push for becoming ones as well, with the status eventually being granted to all of them.
The course of judicial interpretation in the Judicial Committee of the imperial Privy Council nevertheless transformed the character of the federal constitution under the act by greatly reducing the powers of the federal government and correspondingly increasing those of the provinces. The act provided no process of amendment. Amendments were made by the imperial Parliament in London at the request of the Parliament of Canada.
In the end, this establishment of the Canadian Dominion set a precedent, enabling other prominent colonies like India, Australia and New Zealand to push for becoming ones as well, with the status eventually being granted to all of them.
Exercises:
1. Re-read the text, make up a list of necessary vocabulary and answer the following questions:
1) What is the British North America Act?
2) What influence did this Act have on the Canadian law?
3) What is the Dominion, and how did this name into existence?
4) Could this Act be easily amended?
5) What was the impact of the Act on the other British colonies?
2. Find in the text the following words and word combinations, find a Russian equivalent for them and add them to your working vocabulary:
provision; to bring about; to confer; legislature; overriding; amendment.
3. Use the words from the Exercise 2 in your own sentences.
4. Write your summary of the text, emphasising in it:
a) its subject matter,
b) the facts discussed,
c) the author's point of view on these facts.
5. Find more information on the Internet and speak with your group mate on the following topic:
"Why was the establishment of Dominions necessary for the British Empire?"
1) What is the British North America Act?
2) What influence did this Act have on the Canadian law?
3) What is the Dominion, and how did this name into existence?
4) Could this Act be easily amended?
5) What was the impact of the Act on the other British colonies?
2. Find in the text the following words and word combinations, find a Russian equivalent for them and add them to your working vocabulary:
provision; to bring about; to confer; legislature; overriding; amendment.
3. Use the words from the Exercise 2 in your own sentences.
4. Write your summary of the text, emphasising in it:
a) its subject matter,
b) the facts discussed,
c) the author's point of view on these facts.
5. Find more information on the Internet and speak with your group mate on the following topic:
"Why was the establishment of Dominions necessary for the British Empire?"
