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Rights of Indigenous Peoples in Canada

It is difficult to generalize about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

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Treaty 3

On 3 October 1873, some Saulteaux peoples (an Ojibwe people) and the Government of Canada signed Treaty 3, also known as the North-West Angle Treaty. This agreement provided the federal government access to Saulteaux lands in present-day northwestern Ontario and eastern  Manitobain exchange for various goods and Indigenous rights to hunting, fishing and natural resources on reserve lands. The terms and text of Treaty 3 set precedents for the eight Numbered Treaties that followed. (See also Treaties with Indigenous Peoples in Canada.)

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McIvor Case

The McIvor v. Canada case was about gender discrimination in section 6 of the 1985 Indian Act, which deals with Indian status. Sharon McIvor — a woman who regained status rights after the passing of Bill C-31 in 1985 — was not able to pass on those rights to her descendants in the same way that a man with status could. In her case against the federal government, the British Columbia Supreme Court ruled in 2007 that section 6 did, in fact, deny McIvor’s equality rights under the Canadian Charter of Rights and Freedoms. In response to this case, the federal government introduced new legislation (Bill C-3) in 2011 to counter gender discrimination in the Indian Act.

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Enfranchisement (Plain-Language Summary)

Throughout much of Canadian history, a First Nations person would lose their Indian status if they were enfranchised. An enfranchised person is someone who has the right to vote in elections. A First Nations person who is deemed a Status Indian has certain rights and benefits granted to them through the Indian Act.

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

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Native People's Caravan

The Native People’s Caravan was a cross-country mobile protest that took place in 1974. Its main purpose was to raise awareness about the poor living conditions and discrimination experienced by Indigenous peoples in Canada. It travelled from Vancouver to Ottawa, where the subsequent occupation of a vacant warehouse on Victoria Island, near Parliament Hill, extended into 1975. The caravan brought various Indigenous groups together in protest of broken treaties, as well as a lack of government-supported education, housing and health care. As a result, meetings between Cabinet ministers and Indigenous leaders became more frequent. The protest is remembered as an important turning point in Indigenous activism in Canada.

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Quebec Conference, 1864

From 10–27 October 1864, politicians from the five British North American colonies gathered in Quebec City to continue discussing their unification into a single country. These discussions began at the Charlottetown Conference the previous month. The most important issues decided in Quebec City were the structure of Parliament and the distribution of powers between the federal and provincial governments. The broad decisions from the Charlottetown and Quebec conferences were made into 72 resolutions, known as the Quebec Resolutions. These formed the basis of Confederation and of Canada’s Constitution.

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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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Constitution Act, 1867

The Constitution Act, 1867 was originally known as the British North America Act (BNA Act). It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. It came into effect on 1 July 1867. The Act is the foundational document of Canada’s Constitution. It outlines the structure of government in Canada and the distribution of powers between the central Parliament and the provincial legislatures. It was renamed the Constitution Act, 1867 with the patriation of the Constitution in 1982.

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October Crisis

The October Crisis refers to a chain of events that took place in Quebec in the fall of 1970. The crisis was the culmination of a long series of terrorist attacks perpetrated by the Front de libération du Québec (FLQ), a militant Quebec independence movement, between 1963 and 1970. On 5 October 1970, the FLQ kidnapped British trade commissioner James Cross in Montreal. Within the next two weeks, FLQ members also kidnapped and killed Quebec Minister of Immigration and Minister of Labour Pierre Laporte. Quebec premier Robert Bourassa and Montreal mayor Jean Drapeau called for federal help to deal with the crisis. In response, Prime Minister Pierre Trudeau deployed the Armed Forces and invoked the War Measures Act — the only time it has been applied during peacetime in Canadian history.


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Canada and the Cold War

The Cold War refers to the period between the end of the Second World War and the collapse of the Soviet Union in 1991. During this time, the world was largely divided into two ideological camps — the United States-led capitalist “West” and the Soviet-dominated communist “East.” Canada aligned with the West. Its government structure, politics, society and popular perspectives matched those in the US, Britain, and other democratic countries. The global US-Soviet struggle took many different forms and touched many areas. It never became “hot” through direct military confrontation between the two main antagonists.

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Member of Parliament (MP)

The term Member of Parliament (MP) refers to individuals elected to represent a single federal electoral district (or “riding”) in the House of Commons. As elected representatives, MPs have three main duties: legislating in Parliament, representing their riding and political party, and serving their constituents’ needs. MPs occupy different roles and levels of influence in government. They hold office until Parliament is dissolved — typically four year terms — and can serve infinite mandates, so long as they are re-elected. Any Canadian citizen who is at least 18 years old on election day can run for office. Most MPs are elected as a member of a political party, but some may campaign and sit as independents. There are 338 seats for Members of Parliament in the House of Commons.

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Treaty of Utrecht

Utrecht, Treaty of, an agreement between Britain and France concluded 11 Apr 1713 at Utrecht in the Netherlands as part of the series of treaties ending the WAR OF THE SPANISH SUCCESSION . The treaty recognized Queen Anne as the legitimate sovereign of England and officially ended French support for the claims of the Jacobite party to the British throne. 

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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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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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Quebec Resolutions

The Quebec Resolutions are a list of 72 policy directives that formed the basis of Canada’s Constitution. They emerged from the Charlottetown Conference (1–9 September 1864) and the Quebec Conference (10–27 October 1864). Those meetings were held by politicians from the five British North American colonies to work out the details of how they would unite into a single country. (See also: Confederation.) The Quebec Resolutions were finalized at the London Conference (4 December 1866 to March 1867). They formed the basis of the British North America Act — the first building block of Canada’s Constitution — which established the Dominion of Canada on 1 July 1867.

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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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