The divisibility of the Crown was further advanced by legislation relating to the royal style and titles, regency, and succession. In the remarkable Copyright Owners case decided inthe High Court of Australia relied in part upon the conventions restraining the legislative power of the British Parliament to rule that the Copyright Act of was not in force in Australia.
It merely has to legislate for a Dominion, and that legislation frees it from the restriction voluntarily accepted and expressed in section 4. The rule of construction which found its source in the political and constitutional relations between the United Kingdom and the Commonwealth before the Statute of Westminster would raise a presumption that the Act of was not intended to operate of its own force in this country.
Of course Canada has been an independent nation for a number of decades, and these shadows of her former status are nothing more than anomalies which illustrate how the legal provisions of the Canadian constitution failed to keep pace with the political developments which propelled Canada to full statehood.
A subject which has been much debated since the passage of the Statute of Westminster is whether any of the powers conferred upon the Dominion legislatures or the restrictions against the application of future Imperial legislation could be subsequently repealed by the British Parliament.
The British evacuated the outposts with the Jay Treaty ofbut the continued supply of munitions irritated the Americans in the run-up to the War of It is clear that the committee is regarded in the Act as a judicial body or court, though all it can do is to report or recommend to His Majesty in Council, by who the Order in Council which is made to give effect to the report of the Committee is made.
However, none of these provisions related to the British North America Acts. Because of their contributions to the war effort, they demanded to be separately represented in the negotiations leading up to the peace treaties.
However, the specific provisions of the Act are not nearly so grandiose. After numerous references by the provinces, the Supreme Court of Canada ruled in the Patriation Reference that provincial consent was not legally necessary, but to do so without substantial consent would be contrary to a longstanding constitutional convention.
Inthe British Parliament authorised a change in the title to included specific reference to the "British Dominions". Thus the courts have come to recognise that the Crown can and does act in distinct and separable manners in each of the jurisdictions of the former Empire; and the recognition in case law of these different legal personalities was largely based upon the actual practices of government which had evolved across the Empire.
The recognition of the fact that the Crown acts on the advice of different sets of ministers and legislators led to clear distinctions being drawn between the control of, and access to, revenues in the various jurisdictions of the Empire.
The Legislative Powers of Canadian Legislatures Until the passage of the Statute of Westminster, no Dominion legislature had the power to pass either laws with normal extra-territorial effect or laws purporting to amend or repeal Imperial laws which expressly or necessarily applied to it; the need for this change was demonstrated in when the Australian High Court had ruled inoperative sections of an Australian Commonwealth Act which contradicted provisions of the Imperial Merchant Shipping Act.
This inability grew, as we shall see later, purely out of political practice, but it would be a most regrettable display of formalist legal theory if Canadian judges were to hold that even in the full flower of Canadian independence British Ministers still retain these rights in law.
But according to constitutional convention it is unknown and unthinkable that His Majesty in Council should not give effect to the report of the Judicial Committee, who are thus in truth an appellate Court of law, to which by the statute of all appeals within their purview are referred.
Nonetheless, the development of an independent capacity to enter into international agreements did not mean that the Dominions were freed of their Imperial constraints. Inthe Canadian Parliament tried to abolish appeals to the Judicial Committee in criminal cases; nevertheless, appeals continued to be heard under the prerogative of the British Crown.
But that law was changed in the first half of this century, not by statute, but by constitutional usage and practice. The report went on to recommend that in future the governments of the Dominions be able to communicate directly with the British government, rather than through the Governor General; and starting July 1, Dominion ministers dealt directly with their British counterparts.
Nevertheless, the Queen continues to be kept abreast of Canadian affairs through weekly communications with the Governor General.Why did Canada become independent from the British in the first place?
Weren't they (unlike the USA) happy to be a part of the British Empire and Commonwealth?
How did Canada become independent? Update Cancel. economic and military advantages to Canada becoming an independent nation from Britain? Could an independent Scotland become part of Canada? Canada gained full independence when the papers were signed at the London Conference. Views · View Upvoters.
Quora. The autonomous Dominion of Canada, a confederation of Nova Scotia, New Brunswick, and the future provinces of Ontario and Quebec, is officially recognized by Great Britain with the passage of the. For this reason, the three most significant defining moments in Canadian history would be the Battle of Vimy Ridge, the Statute of Westminster and D-Day when Canada emerged under the shadow of Britain, becoming a strong and independent nation.
The nation of Canada gained its independence from Great Britain through the passing of the Canada Act of This act severed the final ties to the British parliament and gave Canada the right to amend its own constitution.
Great Britain had previously granted Canada autonomy on most of its. Canada's transition from a self-governing British colony into a fully independent state was an evolutionary process, which arose in such a gradual fashion that it is impossible to ascribe independence to a particular date.Download