КАНАДА: ІСТОРІЯ СТАНОВЛЕННЯ ТА РОЗВИТКУ ДЕРЖАВНОСТІ (XV–XXI СТ.)
Authors: Tyshchyk Borys ,   Львівський національний університет імені Івана Франка
Published: July 2024

The article, on the basis of relevant primary source materials, analyzes the process of becoming a state in Canada since its inception at the end of the 15th century. to the present time. Canada – currently one of the largest countries in the world in terms of territory – has been inhabited by various tribes of Indians and Eskimos since ancient times. Actually, as shown in the article, the word (name) – Canada (canata – "village", "settlement") comes from the Indian language. The article shows that the first Europeans who discovered Canada were Scandinavians – Vikings. But Europeans began to populate Canada from the time of Columbus, namely from 1497. The French were especially active, turning Canada into their colony. England, in turn, occupied the Newfoundland peninsula in the north of Canada, and the territory of the future USA to the south. The article notes that the main occupation of the colonizers was the fur trade with the Indians, forestry, fishing and whaling. Further, the main focus of the article is on state and legal issues. The Canadian colony of France was named "New France". It was headed by the governor-general appointed by the king. The management system was regulated in the act "On the Company of New France" of 1627. In 1647, another act under the governor-general created a collegial governing body – the Supreme Council and local self-government bodies and several local provinces headed by lieutenant generals. New territories were developed in the north and west of the country, and new cities arose. An important role in the life of the colony was played by the Catholic Church headed by the bishop. It had its own (colonial) army. In 1756, a war broke out between France and England in Europe, which also affected Canada. By 1659, English troops had captured all of Canada. More and more English settlers began to arrive there. A new administrative division of Canada (into three provinces) was carried out, and English administration was established, which is described in detail in the article. A number of normative acts were adopted that related to the system of governing bodies and the rights and freedoms of the residents of the province of Canada (the Royal Proclamation of 1763, the "Québec Act" of 1774, the constitutional acts of Canada in 1791 and 1841). The latter became, as the article emphasizes, an important step in the state and legal development of Canada. The country is divided into two main provinces (Upper and Lower), headed by governors-general, who were approved by the British monarch. Together, this territory was called the "Province of British North America". Each of these provinces had its own bicameral parliament, its own government, system of local bodies, but the supreme power belonged to the British authorities. In 1864, at a conference of delegates from all British provinces in Canada, a decision was made to create a joint confederation with Great Britain. Supreme power in the confederation will belong to the British monarch and the Canadian bicameral parliament. In 1867, the relevant Act entered into legal force. The article describes its content in detail. Soon this state entity came to be called the Dominion of Canada. In 1981, on the initiative of Dominion Prime Minister Pierre Trudeau, Canada started updating the Act of 1867. A special commission was created, and the Act of 1867 was significantly amended. In the same year, it was approved by the united Canadian Parliament, in the spring of 1982 by the British Parliament, and on April 17, 1982, it was signed by Queen Elizabeth II. The Constitutional Act of 1982 is considered the constitution of the Canadian Federation and is in force to this day. It consists of seven parts, which are divided into articles, and those into paragraphs. The article reveals the content of the main ones. Keywords: Canadian statehood, constitutions, parliament, acts.