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The Constitution: Written or Unwritten?

An activity for use with 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. In this activity, students will form teams and debate whether the Canadian Constitution has evolved to be primarily written or unwritten.

Subject/Ages
Subject: Social Studies (History); Ages 15 and up

Overview

This learning activity will give students the opportunity to examine the evolution of the Canadian Constitution and understand it as being composed of both written acts and statutes and unwritten elements. The debate will give each group the opportunity to present a case as to which element is stronger in Canadian governance.

This activity is best suited for a small class and can be completed in three to four hour-long sessions. 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 Assessment Criteria
Extension Work Sheet

Links
Early Canadiana Online: Canada in the Making
http://www.canadiana.org/
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 skills.
  

• Some background understanding of Canada's Constitutional history.

Lesson Opener

Ask students how 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

Step 1
Hand out Student Work Sheets and introduce students to the ECO Canada In the Making Web site. Read the assignment and discuss.

Step 2
Divide the class into three groups:

1. The unwritten Constitution
2. The written Constitution
3. Judges (3 to 5 students)

Step 3
Have students conduct research on the nature of the Canadian Constitution using the sources provided on the Student Work Sheet and any other sources they find. They must try to build the strongest case for their own view as possible, and anticipate arguments by the opposing side. The work is broken down on the work sheets and can be shared.

Step 4
Students choose spokespersons and conduct a debate. A debate is stated as an affirmative proposition and is generally broken down as follows:

• First speaker: in favour of the resolution (7 minutes)
  

• Second speaker: in opposition to the resolution (7 minutes)
  

• Short break
  

• Third speaker: in favour of the resolution (7 minutes)
  

• Fourth speaker: in opposition to the resolution (7 minutes)
  

• Short break
  

• Fifth speaker: opposition rebuttal (5 minutes)
  

• Sixth speaker: affirmative rebuttal (5 minutes)

Step 5
Judges rate and discuss their judgments. Winners do not necessarily have to be chosen, but strengths and weaknesses in arguments can be discussed with the class. A percent rating could also be given.

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 Assessment Criteria.

Homework/Extension

Students can make a chart answering the following questions: What are the advantages and disadvantages of basing a constitution mainly on written rules? What are the advantages and disadvantages of basing a constitution mainly on unwritten conventions? . See the extension worksheet for details.