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The Written and Unwritten Constitution

An essay using the Canada in the Making site

Teacher Guide

The Canadian Constitution is both written and unwritten, the combined product of acts and statutes, common law judgments and accepted political conventions. This essay will require students to examine the written and unwritten nature of Canada's Constitution, and argue which (if either) has a greater influence in Canada's governance.

Subject/Grade Level
Social Studies/History; Ages 15 and up

Overview

This is an essay requiring that students describe the written and unwritten sources of authority of the Canadian Constitution. They must choose one of three perspectives and support their arguments with evidence.

Research for this essay should require should take one to four hour-long sessions online, depending on whether students have access to a printed / hard copy versions of relevant documents. Note that the sources used in ECO can be printed from the browser and then photocopied.

Outcomes (WCP, APEF); Expectations (ON); Objectives (QC)
Table of Curricular Relevance by Course and Province
Alberta
British Columbia and Yukon Territory
Manitoba
Ontario
Québec
APEF
WCP

Materials/Resources Required
Computers with Internet access
Student Work Sheet
Suggested Rubric

Links
Early Canadiana Online: Canada in The Making
URL: http://www.canadiana.org/citm/
Essay writing resources can be found in the Writing An Essay unit on ECO:
URL: http://www.canadiana.org/eco/lesson_plans/ topictoconc.htm
Other links can be found in the Student Work Sheet.

Previous Knowledge
Students will need

• An understanding of Web navigation symbols, tools and terminology, particularly the tools used in ECO.
  

• Familiarity with research and essay writing skills.
  

• An understanding of the events leading to the 1837 and 1838 rebellions.

Lesson Opener

Ask students how they think people decide the rules of government. Is it the same in all countries? Where do they think Canada gets its Constitutional traditions? What documents do they think are the most important?

Procedure

Hand out Student Work Sheets and introduce students to the ECO Canada In the Making Web site. Read the assignment and discuss. Students may work in groups to facilitate research online. The documents are summarized in the Canada in the Making section on "Canada's Constitutional History," and the documents are linked from there.

Students should write the essay from one of the following perspectives:
1. Unwritten conventions have played the greatest part in shaping Canada's Constitution.
2. Written documents have played the greatest part in shaping Canada's Constitution.
3. Neither written nor unwritten sources of authority have played the greatest part in shaping Canada's Constitution.

Summary

Discuss the balance of the arguments. Which aspect of the Constitution do they find most important in Canada today? Does this seem a good balance to them? Why or why not? What would they change?

Evaluation
See the Suggested Rubric.

Homework/Extension
Students can comment on advantages and disadvantages to what they perceive to be Canada's Constitutional balance. What would they change if they could, and why?