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Article

Constitution of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one document; it is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. In the words of the Supreme Court of Canada, “Constitutional convention plus constitutional law equal the total constitution of the country.” The Constitution provides Canada with the legal structure for a stable, democratic government.

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Property Law

Property, in the legal sense, can mean real property in the form of land and buildings, or personal, movable property. Property law — whether under the common law in most of Canada, or the Civil Code in Quebec — deals with a wide range of rights and obligations owing to individuals and governments, and has evolved enormously, particularly in fairness to women, since the 19th Century.

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Commission of Inquiry on the Position of the French Language and on Language Rights in Québec (Gendron Commission)

The Commission of Inquiry on the Position of the French Language and on Language Rights in Québec (1969–1973) is a royal inquiry commission set up by the government under Jean-Jacques Bertrand. Noting the inequality between the English and French languages and the federal state’s hesitancy to take measures to encourage the independence and general development of the French Canadian population, the Gendron Commission elaborated a series of recommendations which led to the adoption of the Language Acts in 1974 and 1977 (see Quebec Language Policy).

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Prorogation in Canada

A prorogation is a suspension of Parliament. All parliamentary activity is stopped, but the government remains in power and is not dissolved. Every session of Parliament begins with a summons and ends with prorogation; both are issued by the governor general (or lieutenant-governor at the provincial level) at the government’s request. Throughout Canadian history, governments have at times used prorogation to their own advantage. The main purpose of prorogation is to wipe clean the Order Paper of old or existing business and to set a new legislative agenda. All unfinished business at the end of a session dies on the Order Paper. There are procedures in place to reinstate previous activities in a new session, which begins with a Speech from the Throne.

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Genocide

Genocide is the intentional destruction of a particular group through killing, serious physical or mental harm, preventing births and/or forcibly transferring children to another group. The Canadian government has formally recognized five instances of genocide abroad: the Armenian genocide, the Holodomor, the Holocaust, the Rwandan genocide and the ethnic cleansing in Bosnia. Within Canada, some historians, legal scholars and activists have claimed that the historical, intergenerational and present treatment of Indigenous peoples are acts of genocide.

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Project Surname

In 1970, the federal government undertook a program, known as Project Surname, to assign last names to Inuit in northern Canada.

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Statute of Westminster, 1931

The Statute of Westminster is a British law that was passed on 11 December 1931. It was Canada’s all-but-final achievement of independence from Britain. It enacted recommendations from the Balfour Report of 1926, which had declared that Britain and its Dominions were constitutionally “equal in status.” The Statute of Westminster gave Canada and the other Commonwealth Dominions legislative equality with Britain. They now had full legal freedom except in areas of their choosing. The Statute also clarified the powers of Canada’s Parliament and those of the other Dominions. (See also Editorial: The Statute of Westminster, Canada’s Declaration of Independence.)

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Cod Moratorium of 1992

On 2 July 1992, the federal government banned cod fishing along Canada’s east coast. This moratorium ended nearly five centuries of cod fishing in Newfoundland and Labrador. Cod had played a central role in the province’s economy and culture.

The aim of the policy was to help restore cod stocks that had been depleted due to overfishing. Today, the cod population remains too low to support a full-scale fishery. For this reason, the ban is still largely in place.

Click here for definitions of key terms used in this article.

Article

Minority Governments in Canada

A minority government exists when the governing party does not hold a majority of seats in the House of Commons (or provincial legislature) but is still able to command the confidence of the House. Minority governments also exist at the provincial level and in Yukon, but not in Northwest Territories or Nunavut, which do not have political parties and are governed by consensus governments.

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St. John’s Election Riot of 1861

On 13 May 1861, 2,000 protesters gathered outside the Colonial Building in St. John’s, Newfoundland. They objected to actions taken by the colony’s governor, Sir Alexander Bannerman, during the recent, highly contentious election; he had defied responsible government and install a new, Conservative government. The protest turned into a riot that damaged property and resulted in the deaths of three people. It took months to settle the political stalemate. The Conservatives won by-elections in disputed ridings and remained in power. The riot led to new laws that protected polling stations, saw police officers keep the peace instead of soldiers, and discouraged events and practices that could lead to violence.

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Sparrow Case

R. v. Sparrow (1990) was the first Supreme Court of Canada case to test section 35 of the Constitution Act, 1982. Initially convicted of fishing illegally, Musqueam man Ronald Edward Sparrow was cleared by the Supreme Court and his ancestral right to fishing was upheld.

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Van der Peet Case

In the R. v. Van der Peet case (1996), the Supreme Court of Canada defined and restricted what constitutes Indigenous rights, as previously defined by the R. v. Sparrow case (1990). Criticized for narrowing the scope of Indigenous rights, the Van der Peet test — a set of criteria established by the court to prove Indigenous rights — stipulates that the Indigenous custom, practice or tradition in question must be integral to the distinctive culture of the Aboriginal group claiming the right and originate from before contact with the Europeans.

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Sustainability in Canada

Sustainability is the ability of the biosphere, or of a certain resource or practice, to persist in a state of balance over the long term. The concept of sustainability also includes things humans can do to preserve such a balance. Sustainable development, for instance, pairs such actions with growth. It aims to meet the needs of the present while ensuring that future people will be able to meet their needs.

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Saskatchewan Bill of Rights

The Saskatchewan Bill of Rights came into force on 1 May 1947. Written primarily by lawyer and human rights advocate Morris Shumiatcher, it was enacted by the CCF government led by Premier Tommy Douglas. While critics have debated its efficacy, it remains important because it was Canada’s first bill of rights; it predated the Canadian Bill of Rights (1960), Quebec’s Charter of Human Rights and Freedoms (1975) and the Canadian Charter of Rights and Freedoms (1982).

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Berger Commission

In 1974, the federal government formed a royal commission to consider two proposals for natural gas pipelines in the North. Thomas Berger, a judge, led the inquiry. Over the next two years, the Berger Commission assessed the potential impacts of the proposed pipelines. Berger held formal and informal hearings. These included 45 community hearings from the Northwest Territories and Yukon to Southern Canada. His 1977 report made several recommendations. He called for further study and the settlement of Indigenous land claims. He also called for a 10-year ban on pipeline construction in the Mackenzie Valley. Berger opposed building any pipeline across the sensitive caribou habitat of the northern Yukon. The Berger Commission involved the public and included Indigenous views more than any resource-related consultation had done before in Canada.

Click here for definitions of key terms used in this article.

Article

Bloc populaire canadien

The Bloc populaire canadien is an anti-conscription and nationalist political party of the 1940s. The party participated in federal elections and in Quebec provincial elections. The Bloc received some minor electoral successes, but, by 1948, its influence had drastically diminished and the party faded away.

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Territorial Government in Canada

Under Canada’s federal system, the powers of government are shared between the federal government, provincial governments and territorial governments. The territories — Northwest Territories, Nunavut and Yukon — are governed by their respective governments. They receive their legislative authority (the ability to create laws) from the federal government. Ottawa has given territorial governments authority over public education, health and social services; as well as the administration of justice and municipal government. More and more of these powers have been handed down from the federal government in a process called devolution. Crown-Indigenous Relations and Northern Affairs Canada is the federal ministry responsible for the territories.