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Article

Rebellion in Lower Canada (The Patriots' War)

In 1837 and 1838, French Canadian militants in Lower Canada took up arms against the British Crownin a pair of insurrections. The twin rebellions killed more than 300 people. They followed years of tensions between the colony’s anglophone minority and the growing, nationalistic aspirations of its francophonemajority. The rebels failed in their campaign against British rule. However, their revolt led to political reform, including the unified Province of Canada and the introduction of responsible government. The rebellion in Lower Canada, which is also known as the Patriots' War (la Guerre des patriotes), also gave French Canadians one of their first nationalist heroes in Louis-Joseph Papineau.

Article

Rebellions of 1837–38

In 1837 and 1838, insurgents in Upper and Lower Canada led rebellions against the Crown and the political status quo. The revolt in Lower Canada was more serious and violent than the rebellion in Upper Canada. However, both events inspired the pivotal Durham Report. It led to the Act of Union, which merged the two colonies into the Province of Canada. It also resulted in the introduction of responsible government. These were critical events on the road to Canadian nationhood.

Article

Persons Case

The Persons Case (officially Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate.

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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.  

Article

Treaty of Paris 1763

The Treaty of Paris ended the Seven Years’ War between France, Britain and Spain. It marked the end of that phase of European conflict in North America, and created the basis for the modern country of Canada.

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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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Province of Canada (1841-67)

In 1841, Britain united the colonies of Upper and Lower Canada into the Province of Canada. This was in response to the violent rebellions of 1837–38. The Durham Report (1839) recommended the guidelines to create the new colony with the Act of Union. The Province of Canada was made up of Canada West (formerly Upper Canada) and Canada East (formerly Lower Canada). The two regions were governed jointly until the Province was dissolved to make way for Confederation in 1867. Canada West then became Ontario and Canada East became Quebec. The Province of Canada was a 26-year experiment in anglophone-francophone political cooperation. During this time, responsible government came to British North America and expanded trade and commerce brought wealth to the region. Leaders such as Sir John A. Macdonald, Sir George-Étienne Cartier and George Brown emerged and Confederation was born.

(This is the full-length entry about the Province of Canada. For a plain language summary, please see Province of Canada (Plain Language Summary).)

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Confederation

Confederation refers to the process of federal union in which the British North American colonies of Nova Scotia, New Brunswick and the Province of Canada joined together to form the Dominion of Canada. The term Confederation also stands for 1 July 1867, the date of the creation of the Dominion. (See also Canada Day.) Before Confederation, British North America also included Newfoundland, Prince Edward Island, British Columbia, and the vast territories of Rupert’s Land (the private domain of the Hudson’s Bay Company) and the North-Western Territory. Beginning in 1864, colonial politicians (now known as the Fathers of Confederation) met and negotiated the terms of Confederation at conferences in Charlottetown, Quebec City and London, England. Their work resulted in the British North America Act, Canada’s Constitution. It was passed by the British Parliament. At its creation in 1867, the Dominion of Canada included four provinces: Nova Scotia, New Brunswick, Quebec and Ontario. Between then and 1999, six more provinces and three territories joined Confederation.

(This is the full-length entry about Confederation. For a plain language summary, please see Confederation (Plain Language Summary).)

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The Great Coalition of 1864

The politics of the Province of Canada in the early 1860s were marked by instability and deadlock. The Great Coalition of 1864 proved to be a turning point in Canadian history. It proved remarkably successful in breaking the logjam of central Canadian politics and in helping to create a new country. The coalition united Reformers and Conservatives in the cause of constitutional reform. It paved the way for the Charlottetown Conference and Confederation.  

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Human Rights

Human rights are rights that we all have by virtue of our shared humanity. Depending on the nature of the right, both individuals and groups can assert human rights. The realization of human rights is a constant struggle on the part of people who suffer injustices and who seek redress.

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New Brunswick and Confederation

New Brunswick became one of the founding members of the Dominion of Canada on 1 July 1867 when it joined Nova Scotia, Ontario and Quebec in Confederation. Arthur Hamilton Gordon, the lieutenant-governor of New Brunswick, helped organize the Charlottetown Conference (1–9 September 1864), where a federal union of British North American colonies was first discussed. By 1865, however, a majority in the New Brunswick legislature had swung against it. Albert Smith defeated pro-Confederation premier Samuel Tilley in a snap election that year. But the Fenian Raids in 1866 fueled New Brunswick’s sense of insecurity and increased support for Confederation. After Tilley’s party won another election in 1866, the legislature voted 38–1 in favour of Confederation.

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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Lower Canada

Lower Canada was a British colony from 1791 to 1840. Its geographical boundaries comprised the southern portion of present-day Quebec. In 1791, Britain divided the Province of Quebec into Upper Canada and Lower Canada. (See: Constitutional Act 1791.) Britain had followed a similar policy of territorial division twice before. Prince Edward Island was detached from Nova Scotia in 1769. The provinces of Cape Breton and New Brunswick were created in 1784 in response to the wave of Loyalist immigration (which also occurred in Quebec). In 1841, Upper Canada and Lower Canada were renamed Canada West and Canada East, respectively. They were united as the single colony of the Province of Canada.

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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.”

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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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.