Canada - Constitutional & Legal Foundations

The British North America Act of 1867 was a statute providing for the unification of the country a few years after the disastrous Civil War in America provided a valuable lesson in the dangers of secession, as French-speaking Quebec has often threatened to do from the rest of Canada. In addition, some of Canada's desire to unite its disparate provinces no doubt was incited by periodic U.S. political discussions about the possibility of annexing Canada; to be sure, a minority of Canadian leaders, mainly in Montreal, also touted what they claimed would be the economic benefits of annexation. In the end, Canadians, proud of their country and seeing the effect civil war had on the United States, expressed desire for a strong federal government. In 1866, at talks at an important conference in England, a confederation then called "The Dominion of Canada" was begun. The British North American Act became law on 1 July 1867. That date became Canada's Independence Day.

Of utmost importance, the constitution and bylaws offered citizens the assurance that the governing body of each province would be empowered to make laws related to education. This was particularly important in Canada where the primary language in a province or territory might be French, English, or even Inuit.

The Constitutional Act of 1982 reaffirmed many of the resolutions present in the 1867 BNA Act. Citizens in a province whose first language is French or English have the right to have their children given a primary and secondary school education in that same language. If enough children of a minority language are in the system, they have the right to an education taught in that language that is financed by public funds.

Rather than a federal educational system, the schooling of Canada's citizens is a responsibility assumed by provinces and territories. Such a system was the most practical way to permit the diverse cultures to address concerns and values different from those of other provinces. Each province has its own department of education under the administration of an elected minister. Each province mandates a curriculum and funnels grants to institutions under its jurisdiction.