Search for "Province of Canada"

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Politics on Prince Edward Island

Prince Edward Island has a minority Progressive Conservative government, elected 23 April 2019. The premier is Dennis King and the lieutenant-governor is Antoinette Perry. Peter Bevan-Baker leads the only Green Party opposition in Canada. Until 2019, only the Liberals or Progressive Conservatives had ever governed or formed the official opposition. The dominance of these two parties has led some to call PEI the purest two-party system in the country. Yet PEI has seen a number of electoral firsts: Aubin-Edmond Arsenault was Canada’s first Acadian premier; Joe Ghiz was Canada’s first premier of non-European descent; and Catherine Callbeck was the first woman in Canada to win an election as premier.

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Guerin Case

The Guerin case (R. v. Guerin) resulted in a pivotal decision by the Supreme Court of Canada in 1984 about Indigenous rights. It centred on the fiduciary (guardian or trustee) responsibility of the Crown to consult openly and honestly with Indigenous peoples before making arrangements for the use of their land. (See also Duty to Consult.) For the first time, it established that the Crown has a legal responsibility to First Nations and not simply a moral one. It also recognized Aboriginal title to their land to be a sui generis (Latin for “unique”) right.

Editorial

Women on Canadian Banknotes

Though Queen Elizabeth II has appeared on the $20 bill since she was eight years old, identifiable Canadian women have only appeared on a Canadian banknote once. In 2004, the statue of the Famous Five from Parliament Hill and Olympic Plaza in Calgary, and the medal for the Thérèse Casgrain Volunteer Award were featured on the back of the $50 note. They were the first Canadian women to appear on our currency. However, in 2011, they were replaced by an icebreaker named for a man (see Roald Amundsen). The new bill was part of a series of notes meant to highlight technical innovation and achievement, but the change sparked controversy. Other than the image of a nameless female scientist on the $100 note issued in 2011, and two female Canadian Forces officers and a young girl on the $10 bill issued in 2001, Canadian women were absent from Canadian bills.

On 8 March 2016, International Women’s Day, the Bank of Canada launched a public consultation to choose an iconic Canadian woman who would be featured on a banknote, released in the next series of bills in 2018. More than 26,000 submissions poured in. Of those, 461 names met the qualifying criteria, and the list was pared down to a long list of 12 and finally a short list of five. The final selection will be announced on 8 December 2016.

But how did we get here?

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Omar Khadr Case

Omar Khadr is a Toronto-born Canadian, captured by American soldiers after a firefight in Afghanistan in 2002, when he was 15 years old. The only minor since the Second World War to be convicted of purported war crimes, Khadr was imprisoned in Guantanamo Bay and Canada for almost 13 years in total. In 2010, the Supreme Court of Canada ruled that Khadr’s detainment violated “the principles of fundamental justice” and “the most basic Canadian standards about the treatment of youth suspects.” Despite repeated attempts by the Canadian government to keep him in prison, Khadr was released on bail in May 2015. In July 2017, he received $10.5 million in compensation from the government for Canada’s role in violating his constitutional rights. In March 2019, an Alberta judge declared that Khadr had completed his war crimes sentence, making him a free man.

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Provincial Government in Canada

Under Canada’s federal system, the powers of government are shared between the federal government and 10 provincial governments. The Constitution Act, 1867 granted specific jurisdiction to the provinces in 16 areas, compared to 29 for the federal government. However, provincial powers have expanded since then. Provinces can levy direct taxation and derive most of their non-tax revenue from the use of public lands and natural resources. Provincial governments in Canada are modelled on the British Westminster parliamentary tradition and reflect the principles of responsible government. They comprise an elected legislative assembly, from which a governing cabinet is selected by the premier. The lieutenant-governor assents to legislation as the representative of the Crown.

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Constitutional Act, 1791

The Constitutional Act, 1791 was an act of the British Parliament. Also known as the Canada Act, it divided the Province of Quebec into  Upper Canada and Lower Canada. The Act was a first step on the long path to Confederation, but its rigid colonial structures also set the stage for rebellion in the Canadas. (See Rebellions of 1837–38.) The Act was also notable for giving women who owned property in Lower Canada the right to vote — a high level of inclusion by the standards of the time.

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Chilliwack (band)

The Vancouver rock band Chilliwack produced some of the most enduring Canadian rock songs of the 1970s and early 1980s, including “Lonesome Mary,” “Fly at Night,” and “My Girl (Gone Gone Gone).” Their catchy, easygoing hooks and bright, melodic style were distinguished by the soaring falsetto and tasteful guitar playing of lead singer and principal songwriter Bill Henderson. In 18 years (1970–88), Chilliwack released 11 albums, four of which were certified platinum in Canada. They also had 19 Canadian singles. The band moved in an increasingly commercial direction through varying styles — from psychedelic, progressive and country rock to adult contemporary and pop rock. They endured multiple changes in labels and band members before achieving success in the United States. The band was inducted into the Canadian Music Hall of Fame in 2019.

Article

Crown Corporation

Crown corporations are wholly owned federal or provincial organizations that are structured like private or independent companies. They include enterprises such as the Canadian Broadcasting Corporation (CBC), VIA Rail, Canada Post and the Bank of Canada; as well as various provincial electric utilities. Crown corporations have greater freedom from direct political control than government departments. As long as crown corporations have existed, there has been debate about their structure, accountability and role in the economy.

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Same-Sex Marriage in Canada

In 2003, Ontario and British Columbia became the first two provinces to legalize same-sex marriage. The federal Civil Marriage Act came into force on 25 July 2005, making same-sex marriage legal across Canada. Canada became the fourth country to permit same-sex marriages, after the Netherlands (2000), Belgium (2003) and Spain (2005). Since then, all provinces in Canada have recognized same-sex marriages. Marriage itself falls under federal jurisdiction in Canada. But the provinces regulate the solemnization of marriage (the formal ceremony that is either civil or religious). They also grant marriage licenses. The Supreme Court has ruled that under the Charter of Rights and Freedoms, a religious official cannot be legally compelled to perform same-sex marriages if it is contrary to their religious beliefs.

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Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is a board of the British Privy Council. It was formed in 1833. In 1844, it was given jurisdiction over all of Britain’s colonial courts. People who had been judges in high courts in Britain served on the Judicial Committee, along with a sprinkling of judges from the Commonwealth. Their decisions were often criticized for favouring provincial powers over federal authority, especially in fields such as trade and commerce. The Judicial Committee served as the court of final appeal for Canada until 1949, when that role was given to the Supreme Court of Canada.  

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Persons Case

The Persons Case (Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate. The case was initiated by the Famous Five, a group of prominent women activists. In 1928, the Supreme Court of Canada ruled that women were not “persons” according to the British North America Act (now called the Constitution Act, 1867). Therefore, they were ineligible for appointment to the Senate. However, the Judicial Committee of the Privy Council reversed the Court’s decision on 18 October 1929. The Persons Case enabled women to work for change in both the House of Commons and the Senate. It also meant that women could no longer be denied rights based on a narrow interpretation of the law.

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The American Response to the Canadian Rebellions of 1837–38

By December 1837 and January 1838, rebels from Upper and Lower Canada had suffered heavy defeats at the hands of British and Loyalist forces. (See: Rebellion in Lower Canada; Rebellion in Upper Canada.) They fled to the United States to seek financial and military assistance. The American public was aware that there had been armed conflicts in the Canadas. Many were even initially supportive. However, the presence of Canadian rebels on American soil forced many to question American involvement. The growing tensions with Great Britain over the Caroline Affair complicated matters. The creation of the Republic of Texas and the fight over the abolition of slavery were also factors. In January 1838, US President Martin Van Buren took steps to ensure America’s neutrality in the Canadian rebellions.

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Massey Commission

The Massey Commission was formally known as the Royal Commission on National Development in the Arts, Letters and Sciences. It was officially appointed by Prime Minister Louis St-Laurent on 8 April 1949. Its purpose was to investigate the state of arts and culture in Canada. Vincent Massey chaired the Commission. It issued its landmark report, the Massey Report, on 1 June 1951. The report advocated for the federal funding of a wide range of cultural activities. It also made a series of recommendations that resulted in the founding of the National Library of Canada (now Library and Archives Canada), the creation of the Canada Council for the Arts, federal aid for universities, and the conservation of Canada’s historic places, among other initiatives. The recommendations that were made by the Massey Report, and enacted by the federal government, are generally seen as the first major steps to nurture, preserve and promote Canadian culture.

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Canadian Identity

The question of what it means to be a Canadian has been a difficult and much debated one. Some people see the question itself as central to that identity. Canadians have never reached a consensus on a single, unified conception of the country. Most notions of Canadian identity have shifted between the ideas of unity and plurality. They have emphasized either a vision of “one” Canada or a nation of “many” Canadas. A more recent view of Canadian identity sees it as marked by a combination of both unity and plurality. The pluralist approach sees compromise as the best response to the tensions — national, regional, ethnic, religious and political — that make up Canada.

Editorial

Editorial: William Lyon Mackenzie and the Rebellion in Upper Canada

At 8:00 p.m. on Monday, 4 December 1837, William Lyon Mackenzie set out by horse down Yonge Street to scout the route for his attack on Toronto. At the top of Gallows Hill (below St. Clair Ave.) he met Tory alderman John Powell, himself on patrol from the city. Mackenzie and his men took Powell prisoner. “Do you have a gun?” Mackenzie asked Powell. “No,” Powell replied. Mackenzie took his word as a gentleman and sent him back toward the rebel headquarters at Montgomery’s Tavern.

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Manitoba Act

The Manitoba Act provided for the admission of Manitoba as Canada’s fifth province. It received royal assent and became law on 12 May 1870. It marked the legal resolution of the struggle for self-determination between people of the Red River Colony and the federal government, which began with Canada’s purchase of Rupert’s Land in 1870. The Act contained protections for the region’s Métis. However, these protections were not fully realized. As a result, many Métis left the province for the North-West Territories.

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Abortion in Canada

Abortion is the premature ending of a pregnancy. Inducing an abortion was a crime in Canada until 1988, when the Supreme Court of Canada struck down the law as unconstitutional. Since then, abortion has been legal at any stage in a woman’s pregnancy. Abortion is publicly funded as a medical procedure under the Canada Health Act. (See Health Policy.) However, access to abortion services differs across the country. Despite its legalization, abortion remains one of the most divisive political issues of our time.

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Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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Distribution of Powers

Distribution of powers refers to the division of legislative powers and responsibilities between the federal and provincial governments. The areas of distribution were first outlined at the Quebec Conference in 1864 (see Quebec Resolutions) and are enshrined in the Constitution Act, 1867. They have been a source of debate and tension between the provinces and the federal government for generations. (See Federal-Provincial Relations.) However, this part of the Constitution has remained remarkably unchanged since Confederation.