CANADA HISTORY - DOCUMENTS REGIONAL

1886 Constitution Act

Analysis of the Document - (The Document follows below the Analysis)

The 1886 Constitution Act holds a significant place in Canadian legal history, addressing key issues related to the distribution of powers between the federal government and provinces. This Act further defined the federal framework established in the British North America Act (1867), clarifying authority over various areas like fisheries, property, and civil rights. Its importance lies in helping shape the balance of power, ensuring that Canada’s political landscape evolved as a cooperative federation, but also opening up the space for future debates over jurisdictional authority.

This Act underscored the tension between federalism and provincial autonomy—a theme that would continue to shape Canadian politics well into the 20th century and beyond. By refining the distribution of powers, the Act reflected the growing complexity of Canadian governance as the nation expanded westward and navigated its new economic and social realities. It played a crucial role in refining the constitutional framework that governs how the central and provincial governments interact, ensuring that Canada would evolve as a united yet regionally diverse nation.

One of the long-term implications of the Constitution Act of 1886 was the strengthening of provincial rights, which would become a critical element of Canadian federalism. This document helped further entrench the principle that provinces should retain a degree of autonomy over local matters, a stance that often placed provinces, especially Quebec, in opposition to perceived federal overreach. The careful balancing of powers in this Act allowed for a measure of provincial independence that remains a defining feature of Canada’s federal structure.

In the wider context of Canadian history, the 1886 Constitution Act symbolized the ongoing negotiation between regional interests and national unity. It reflected the growing importance of the provinces in shaping policy and managing their affairs, while ensuring that the federal government retained overarching control of national issues like trade and defense. Over time, this Act would contribute to a more complex and cooperative relationship between the federal and provincial governments, as they worked together to navigate Canada’s evolving political and social landscape.

This Act not only reflected the Canadian commitment to a cooperative federalism but also laid the groundwork for future constitutional debates. It helped Canada adapt to the new realities of the late 19th century, when provinces were becoming increasingly distinct political and cultural entities within a growing nation. By addressing the tensions between federal and provincial powers, the 1886 Constitution Act was a key step in shaping Canada’s governance structure and preserving the delicate balance that has defined the country's development ever since.


Placeholder image

The Constitution Act, 1886 (The British North America Act, 1886) 49 and 50 Victoria, c. 35

An Act respecting the Representation in the Parliament of Canada of Territories which for the time being form part of the Dominion of Canada, but are not included in any Province.

[25th June, 1886]

Whereas it is expedient to empower the Parliament of Canada to provide for the representation in the Senate and House of Commons of Canada, or either of them, of any territory which for the time being forms part of the Dominion of Canada, but is not included in any Province: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords, Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, as follows: 1. The Parliament of Canada may from time to time make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any Province thereof. 2. Any Act passed by the Parliament of Canada before the passing of this Act for the purpose mentioned in this Act, shall, if not disallowed by the Queen, be, and shall be deemed to have been, valid and effectual from the date at which it received the assent, in Her Majesty's name, of the Governor-General of Canada. It is hereby declared that any Act passed by the Parliament of Canada, whether before or after the passing of this Act, for the purposes mentioned in this Act, or in The British North America Act, 1871, has effect, notwithstanding anything in The British North America Act, 1867, and the number of Senators or the number of Members of the House of Commons specified in the last-mentioned Act is increased by the number of Senators or of members, as the case may be, provided by any such Act of the Parliament of Canada for the representation of any provinces or territories in Canada. 3. This Act, and The British North America Act, 1867, and The British North America Act, 1871, shall be construed together, and may be cited together as The British North America Acts, 1867 to 1886. 3. This Act may be cited as The Constitution Act, 1886.

N.B. : Section 3 (in italics) was replaced with the new section by the Constitution Act, 1982.


Source:



Placeholder image
Placeholder image