The Compact Theory And Its Impact On The Federal And Provincial Relations

This is a country of different nations and each nation allowed a different territory. Under the BNA Act those expansive matters fittingly treated nationally, like defence and post office, were under the federal government, while controls over property, local issues, districts, and most private law matters went to the provinces. The setting of the constitution was a hierarchy system from the colonial office to provincial legislatures . The compact theory lets us believe, that the provincial legislature were the privilege voice and the means of the expression of the people of those provinces. The federal government does not represent a voice of Ontarian or people of Québec. Most Canadian, believe that provinces represent more closely the interest of each their own people than the federal government does. The founder of BNA Act created two levels of governments out of political expediency, as a political convenience. They could not have two countries, but rather, they could have two levels of government instead. The problem is that by creating two levels of government, the British did not realize that they are going to give an objective, tangible structure that can be the base of compact theory. After Confederation, Québec premiers Honoré Mercier and Oliver Mowat allied to “built the strongest record of provincial rights advocacy” . Both premiers advocated for "compact theory" which compared the BNA Act to a settlement that could be changed only by the unanimous assent