Search for "British North America Act"

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Article

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.”

Article

Fraser Canyon War

The Fraser Canyon War (a.k.a. the “Fraser River War” and the “miners’ war”) was a war waged by mainly white American gold miners against the Nlaka’pamux Indigenous people of the Fraser Canyon in the summer of 1858. The war began when the miners, arriving as part of the Fraser River Gold Rush in June 1858, perceived scattered Nlaka’pamux attacks in defense of their territories as a coordinated effort to drive them by force from their claims. Driven by a hunger for gold and a sense of entitlement to Indigenous peoples’ territories and resources, American miners formed military companies and carried out violent attacks on Nlaka’pamux communities. The war ended on 21 August 1858, when the Nlaka’pamux and miners called a truce. Under threat of further violence, the Nlaka’pamux agreed to grant miners access to their territories and resources, bringing the immediate conflict to a close. The conflict bears resemblance to the Chilcotin War of 1864, another Indigenous-newcomer conflict in the colonial history of British Columbia.

Article

Canadian Bill of Rights

The Canadian Bill of Rights was the country’s first federal law to protect human rights and fundamental freedoms. It was considered groundbreaking when it was enacted by the government of John Diefenbaker in 1960. But it proved too limited and ineffective, mainly because it applies only to federal statutes and not provincial ones. Many judges regarded it as a mere interpretive aid. The bill was cited in 35 cases between 1960 and 1982; thirty were rejected by the courts. Though it is still in effect, the Bill of Rights was superseded by the Canadian Charter of Rights and Freedoms in 1982.

Editorial

Editorial: The Canadian Constitution Comes Home

In April 1982, as an Ottawa winter turned to spring, Queen Elizabeth II made her eleventh visit to Canada. She had come to make it official. After more than a half-century of trying, Canada would have its own constitution. A Canadian-made constitution was unfinished business from the country’s colonial past. The British North America Act in 1867 set out the jurisdictions of the federal and provincial governments and created the Dominion of Canada. It was, however, a law of the British Parliament, and it could only be amended (changed) by the British.

Article

Internment in Canada

Internment is the forcible confinement or detention of a person during wartime. Large-scale internment operations were carried out by the Canadian government during the First World War and the Second World War. In both cases, the War Measures Act was invoked. This gave the government the authority to deny people’s civil liberties, notably habeas corpus (the right to a fair trial before detention). People were held in camps across the country. More than 8,500 people were interned during the First World War and as many as 24,000 during the Second World War — including some 12,000 Japanese Canadians.