26.4.3: The Canadian Confederation

Background

In the 1860s, the British were concerned with the possibility of an American assault on Canada in the wake of the American Civil War. Britain also feared that American settlers might expand to the north, into land that was technically British but sparsely settled. There were also problems with raids into Canada launched by the Fenian Brotherhood, a group of Irish Americans who wanted to pressure Britain into granting independence to Ireland. Canada was already essentially a self-governing colony since the 1840s, and Britain no longer felt it was worth the expense of keeping it as a colony. Both sides would be better off politically and economically if Canada was independent. These factors led to the first serious discussions about real political union in Canada. However, there were internal political obstacles to overcome first. The Province of Canada had little success in keeping a stable government for any period of time; the Tories, led by John A. Macdonald and George-Étienne Cartier, were constantly at odds with the “Clear Grits” led by George Brown. In 1864, the two parties decided to unite in the “Great Coalition.” This was an important step towards Confederation.

Meanwhile, the colonies farther east—Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland—were also discussing a political union. Representatives from the Province of Canada joined them at the Charlottetown Conference in Charlottetown, Prince Edward Island in 1864 to discuss a union of all the colonies, and these discussions extended into the Quebec Conference of 1864.

Canadian Confederation

The Canadian Confederation was the process by which the British colonies of Canada, Nova Scotia, and New Brunswick were united into one Dominion of Canada on July 1, 1867. Upon Confederation, the old province of Canada was divided into Ontario and Quebec; along with Nova Scotia and New Brunswick, the new federal state was thus composed of four provinces. Over the years since Confederation, Canada has seen numerous territorial changes and expansions, resulting in the current configuration of ten provinces and three territories.

Technically, Canada is a federation and not a confederate association of sovereign states. It is nevertheless often considered to be among the world’s more decentralized federations.

The Seventy-Two Resolutions from the 1864 Quebec Conference and Charlottetown Conference laid out the framework for uniting British colonies in North America into a federation. They were adopted by the majority of the provinces of Canada and became the basis for the London Conference of 1866, which led to the formation of the Dominion of Canada on July 1, 1867. The term dominion was chosen to indicate Canada’s status as a self-governing colony of the British Empire, the first time it was used in reference to a country. With the passage of the British North America Act enacted by the British Parliament, the Province of Canada, New Brunswick, and Nova Scotia became a federated kingdom in its own right.

Confederation was accomplished when the Queen gave royal assent to the British North America Act (BNA Act) on March 29, 1867, followed by a royal proclamation stating: “We do ordain, declare, and command that on and after the First day of July, One Thousand Eight Hundred and Sixty-seven, the Provinces of Canada, Nova Scotia, and New Brunswick, shall form and be One Dominion, under the name of Canada.” That act, which united the Province of Canada with the colonies of New Brunswick and Nova Scotia, came into effect on July 1 that year. It replaced the Act of Union (1840) that previously unified Upper Canada and Lower Canada into the united Province of Canada. Separate provinces were re-established under their current names of Ontario and Quebec. July 1 is now celebrated as a public holiday, Canada Day, the country’s official National Day.

The form of the country’s government was influenced by the American republic to the south. Noting the flaws in the American system, the Fathers of Confederation opted to retain a monarchical form of government.

While the BNA Act eventually resulted in Canada having more autonomy than before, it was far from fully independent from the United Kingdom. Defense of British North America became a Canadian responsibility. Foreign policy remained in British hands, the Judicial Committee of the Privy Council remained Canada’s highest court of appeal, and the constitution could be amended only in Britain.

Gradually, Canada gained more autonomy, and in 1931, obtained almost full autonomy within the British Commonwealth with the Statute of Westminster. Because the provinces of Canada were unable to agree on a constitutional amending formula, this power remained with the British Parliament. In 1982, the constitution was patriated when Elizabeth II gave her royal assent to the Canada Act 1982. The Constitution of Canada is made up of a number of codified acts and uncodified traditions; one of the principal documents is the Constitution Act, 1982, which renamed the BNA Act 1867 to Constitution Act, 1867.

Fathers of Confederation 1885 photo of Robert Harris’ 1884 painting, Conference at Quebec in 1864, to settle the basics of a union of the British North American Provinces, also known as The Fathers of Confederation. The original painting was destroyed in the 1916 Parliament Buildings Centre Block fire. The scene is an amalgamation of the Charlottetown and Quebec City conference sites and attendees.

Attributions

• The Canadian Confederation
  • “History of Canada.” https://en.wikipedia.org/wiki/History_of_Canada. Wikipedia CC BY-SA 3.0.
  • “Canadian Confederation.” https://en.wikipedia.org/wiki/Canadian_Confederation. Wikipedia CC BY-SA 3.0.
  • “Fathers_of_Confederation_LAC_c001855.jpg.” https://commons.wikimedia.org/wiki/File:Fathers_of_Confederation_LAC_c001855.jpg. Wikimedia Commons Public domain.