Social Studies · Grade 6 · The Road to Confederation and Governance · Term 3

The British North America Act (1867)

Understanding the legal document that created Canada and defined the powers of the federal and provincial governments.

• Ontario Curriculum Expectations
• ON: Heritage and Identity: Communities in Canada, Past and Present - Grade 6

About This Topic

The British North America Act of 1867 created the Dominion of Canada by confederating Ontario, Quebec, Nova Scotia, and New Brunswick under British authority. This constitution defined key powers: federal responsibilities in section 91 cover defense, currency, and trade, while provincial powers in section 92 include education, hospitals, and property. Students examine how these divisions shaped Canada's governance structure and addressed colonial tensions from the 1860s.

This topic anchors the Ontario Grade 6 Social Studies strand, Heritage and Identity: Communities in Canada, Past and Present, within the unit on The Road to Confederation and Governance. Key inquiries focus on the Act's foundational role, power delineations that prevent overlap conflicts, and its long-term effects, such as sidelining Indigenous sovereignty and enabling treaty negotiations that continue today. Understanding these elements builds students' grasp of federalism and historical continuity.

Active learning benefits this topic greatly. Students engage deeply when they simulate debates over power splits or map federal-provincial jurisdictions on current issues. These approaches turn dry legal text into lively discussions, fostering critical analysis and empathy for diverse perspectives in Canada's past and present.

Key Questions

1. Explain the foundational importance of the BNA Act.
2. Analyze how the BNA Act delineated powers between federal and provincial governments.
3. Evaluate the immediate and long-term effects of the BNA Act on Indigenous sovereignty.

Learning Objectives

• Explain the fundamental purpose of the British North America Act in establishing Canada's foundational government structure.
• Analyze how sections 91 and 92 of the BNA Act allocated specific powers and responsibilities between federal and provincial governments.
• Evaluate the BNA Act's impact on Indigenous peoples, specifically regarding the recognition or denial of their sovereignty and self-governance.
• Compare the division of powers outlined in the BNA Act to contemporary federal-provincial jurisdictional disputes.
• Identify key historical figures and events that led to the creation of the BNA Act.

Before You Start

Early European Colonization in North America

Why: Understanding the context of British colonial rule is essential for grasping why the BNA Act was created and its relationship to the British Empire.

Indigenous Peoples and Early Contact

Why: Knowledge of Indigenous societies and their governance structures prior to 1867 provides a baseline for evaluating the Act's impact on Indigenous sovereignty.

Key Vocabulary

Confederation	The process by which the British North America Act united several colonies into a single country, Canada, in 1867.
Federal Government	The central government of Canada, responsible for matters of national concern such as defense and currency, as outlined in the BNA Act.
Provincial Government	The government of each Canadian province, responsible for local matters like education and healthcare, as defined by the BNA Act.
Jurisdiction	The official power to make legal decisions and judgments, specifically referring to the areas of responsibility assigned to federal and provincial governments by the BNA Act.
Sovereignty	Supreme power or authority, particularly in the context of Indigenous nations' right to govern themselves, which was largely unrecognized by the BNA Act.

Watch Out for These Misconceptions

Common Misconception

The BNA Act made Canada fully independent from Britain.

What to Teach Instead

The Act created a self-governing dominion but retained British oversight until 1982. Role-playing historical negotiations helps students see gradual independence, comparing initial limits to patriation, which clarifies evolution through primary sources and debate.

Common Misconception

Federal and provincial powers never overlap.

What to Teach Instead

Sections 91 and 92 include shared areas like agriculture, leading to court resolutions. Sorting activities with real issues reveal overlaps, prompting peer discussions that build nuanced understanding of cooperative federalism.

Common Misconception

The BNA Act had no effect on Indigenous peoples.

What to Teach Instead

It enabled federal control over 'Indians and Lands Reserved for Indians' without consent, impacting sovereignty. Mapping exercises incorporating treaties show this omission, with group reflections fostering awareness of ongoing implications.

Active Learning Ideas

Role-Play: Confederation Negotiations

Assign roles as Fathers of Confederation from different provinces. Groups prepare arguments for federal versus provincial powers based on section 91 and 92 excerpts, then debate in a mock conference. Conclude with a class vote on power divisions.

45 min·Small Groups

Document Stations: BNA Act Analysis

Set up stations with excerpts from the Act, maps of 1867 provinces, and Indigenous perspectives. Small groups rotate, annotate key sections, and note power divisions or omissions. Share findings in a gallery walk.

35 min·Small Groups

Jurisdiction Sort: Modern Issues

Provide cards with current issues like healthcare or immigration. Pairs sort them into federal, provincial, or shared categories using BNA Act criteria, then justify with evidence from the document.

25 min·Pairs

Timeline Mapping: Impacts Over Time

As a whole class, plot BNA Act events on a shared timeline, adding branches for Indigenous effects and later amendments. Students contribute researched facts and discuss long-term changes.

40 min·Whole Class

Real-World Connections

• Today, provincial governments in Ontario and Quebec manage healthcare systems, deciding on funding and service delivery, a direct legacy of the powers granted by the BNA Act.
• Debates over resource management, such as oil pipelines or hydroelectric projects, often involve complex negotiations between federal and provincial governments, reflecting the division of powers established in 1867.
• The ongoing discussions and legal challenges regarding Indigenous self-government and land claims are directly connected to how the BNA Act addressed, or failed to address, Indigenous sovereignty in 1867.

Assessment Ideas

Exit Ticket

Students will receive a card with a scenario, e.g., 'Building a new highway' or 'Setting school curriculum.' They must write which level of government (federal or provincial) would likely be responsible according to the BNA Act and briefly explain why.

Discussion Prompt

Pose the question: 'If you were a leader in 1867, what powers would you want the federal government to have, and what powers would you want provincial governments to have? Why?' Facilitate a class discussion comparing student ideas to the actual provisions of the BNA Act.

Quick Check

Present students with a list of government responsibilities (e.g., national defense, public education, postal service, hospitals). Ask them to categorize each as primarily federal or provincial, referencing their notes on the BNA Act's division of powers.

Frequently Asked Questions

What powers does the federal government have under the BNA Act?

Section 91 assigns federal powers including regulation of trade, defense, criminal law, currency, and Indigenous affairs. These ensure national unity on cross-province matters. Students benefit from charting these against provincial powers in section 92 to see balance, preparing them for analyzing modern policies like national carbon pricing.

How did the BNA Act affect Indigenous sovereignty?

The Act placed Indigenous peoples and lands under federal jurisdiction without their input, overriding pre-existing sovereignty and enabling numbered treaties. This led to reserve systems and rights disputes. Exploring timelines and primary accounts helps students evaluate long-term effects, connecting to current reconciliation efforts in Canada.

Why is the British North America Act foundational to Canada?

It united four provinces into a federal dominion, establishing the constitutional framework for expansion to ten provinces and three territories. This act set precedents for governance that endure, despite amendments. Analyzing its role through debates reveals how it resolved colonial deadlock and shaped identity.

How can active learning help students understand the BNA Act?

Role-plays of confederation talks and jurisdiction sorts make abstract divisions tangible, as students argue positions and justify choices with Act excerpts. These methods build retention through collaboration and application to today’s issues, while addressing misconceptions via peer feedback. Hands-on mapping of impacts deepens empathy for Indigenous perspectives.