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Editorial

Editorial: Newfoundland’s Contribution to the Patriation of the Constitution

In the decades since 1982, politicians and the media have recounted the same story about the patriation of Canada’s constitution and the adoption of the Charter of Rights and Freedoms. Most of the credit in this version goes to Prime Minister Pierre Trudeau. Three others are credited with breaking an impasse in the 1981 negotiations: federal justice minister Jean Chrétien, Saskatchewan attorney general Roy Romanow, and Ontario attorney general Roy McMurtry. But in his memoirs, former Newfoundland PremierBrian Peckford argues that the key intervention in the patriation process came from Peckford and the members of the Newfoundland delegation.

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Peace, Order and Good Government

“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”

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The Great Depression in Canada

The Great Depression of the early 1930s was a worldwide social and economic shock. Few countries were affected as severely as Canada. Millions of Canadians were left unemployed, hungry and often homeless. The decade became known as the Dirty Thirties due to a crippling droughtin the Prairies, as well as Canada’s dependence on raw material and farm exports. Widespread losses of jobs and savings transformed the country. The Depression triggered the birth of social welfare and the rise of populist political movements. It also led the government to take a more activist role in the economy.

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.

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Canada and the Second Battle of Ypres

The Second Battle of Ypres was fought during the First World War from 22 April to 25 May 1915. It was the first major battle fought by Canadian troops in the Great War. The battle took place on the Ypres salient on the Western Front, in Belgium, outside the city of Ypres (now known by its Flemish name, Ieper). The untested Canadians distinguished themselves as a determined fighting force, resisting the horror of the first large-scale poison gas attack in modern history. Canadian troops held a strategically critical section of the frontline until reinforcements could be brought in. More than 6,500 Canadians were killed, wounded or captured in the Second Battle of Ypres.

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Avro Arrow

The Avro Canada CF-105 Arrow (the Arrow) was a supersonic interceptor jet aircraft designed and built in the 1950s by A.V. Roe Canada (Avro). The Arrow was one of the most advanced aircraft of its era, helping to establish Canada as a world leader in scientific research and development.

Though the Arrow was widely praised for its power and beauty, the program was cancelled in February 1959 by the government of Prime Minister John Diefenbaker. This resulted in the loss of at least 25,000 direct and indirect jobs.

Many believe that the Arrow’s cancellation was a betrayal of Canada’s aerospace industry. Others assert that the jet was extravagant and had little chance of competing with impending innovations. At best, Avro and the Arrow were historic examples of Canadian ingenuity and intriguing case studies of unrealized potential.

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Avro CF-100 Canuck

The CF-100 Canuck, manufactured by A.V. Roe Canada (Avro), was the first jet fighter designed and built entirely in Canada. It flew in front-line air defence from 1953 until the early 1960s.

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Canada and the Cuban Missile Crisis

The Cuban Missile Crisis lasted from 16 to 28 October 1962. The Soviet Union stationed nuclear missiles in Cuba, which posed a threat to the United States and Canada. It brought the world to the edge of nuclear war. Canadian armed forces were placed on heightened alert. Prime Minister John Diefenbaker’s hesitant response to the crisis soured already tense relations between Canada and the US and led to the downfall of his government in 1963.   

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Nova Scotia and Confederation

Nova Scotia was one of the four founding provinces of Canada. It joined New Brunswick,  Ontario and Quebec in Confederation on 1 July 1867. However, this was mainly because Confederation delivered the Intercolonial Railway to the Maritimes, and because of the efforts of Sir Charles Tupper. His government passed approval for Confederation in the colonial legislature despite popular opposition. (See Confederation’s Opponents.) Confederation was met with mass protests in the colony. Joseph Howe led a two-year effort to repeal the union. (See Repeal Movement.) But Howe finally decided he could do more to help his province by working inside the federal government. He joined the federal Cabinet in 1869.

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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.

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Patriation of the Constitution

In 1982, Canada fully broke from its colonial past and “patriated” its Constitution. It transferred the country’s highest law, the British North America Act (which was renamed the Constitution Act, 1867), from the authority of the British Parliament to Canada’s federal and provincial legislatures. The Constitution was also updated with a new amending formula and a Charter of Rights and Freedoms. These changes occurred after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country.

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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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Battle of Vimy Ridge

The Battle of Vimy Ridge was fought during the First World War from 9 to 12 April 1917. It is Canada’s most celebrated military victory — an often mythologized symbol of the birth of Canadian national pride and awareness. The battle took place on the Western Front, in northern France. The four divisions of the Canadian Corps, fighting together for the first time, attacked the ridge from 9 to 12 April 1917 and captured it from the German army. It was the largest territorial advance of any Allied force to that point in the war — but it would mean little to the outcome of the conflict. More than 10,600 Canadians were killed and wounded in the assault. Today an iconic memorial atop the ridge honours the 11,285 Canadians killed in France throughout the war who have no known graves.

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Dieppe Raid

During the Second World War, on 19 August 1942, the Allies launched a major raid on the French coastal port of Dieppe. Operation Jubilee was the first Canadian Army engagement in the European theatre of the war, designed to test the Allies' ability to launch amphibious assaults against Adolf Hitler's "Fortress Europe." The raid was a disaster: More than 900 Canadian soldiers were killed, and thousands more were wounded and taken prisoner. Despite the bloodshed, the raid provided valuable lessons for subsequent Allied amphibious assaults on Africa, Italy and Normandy.

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Seven Years’ War (Plain-Language Summary)

The Seven Years’ War (1756–63) was the first global war. In North America, Britain and France fought each other with the help of Indigenous allies. At the end of the war, France gave Canada (Quebec) and Ile Royale (Cape Breton) to Britain, among other territories. This is the reason that Canada has a British monarch but three founding peoples — French, British and Indigenous.

(This article is a plain-language summary of the Seven Years’ War. If you are interested in reading about this topic in more depth, please see our full-length entry Seven Years’ War.)

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Charlottetown Conference

The Charlottetown Conference set Confederation in motion. It was held from 1–9 September 1864 in Charlottetown, with additional meetings the following week in Halifax, Saint John and Fredericton. The conference was organized by delegates from New BrunswickNova Scotia and Prince Edward Island to discuss the union of their three provinces. They were persuaded by a contingent from the Province of Canada, who were not originally on the guest list, to work toward the union of all the British North American colonies. The Charlottetown Conference was followed by the Quebec Conference (10–27 October 1864) and the London Conference (December 1866–March 1867). They culminated in Confederation on 1 July 1867.