Search for "British North America Act"

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Immigration Policy in Canada

Immigration policy is the most explicit part of a government's population policy. In a democratic state such as Canada, immigration (migrants entering Canada) – is the most common form of regulating the population. Since Confederation, immigration policy has been tailored to grow the population, settle the land, and provide labour and financial capital for the economy. Immigration policy also tends to reflect the racial attitudes or national security concerns of the time.

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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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Statute of Westminster, 1931

The Statute of Westminster is a British law that was passed on 11 December 1931. It was Canada’s all-but-final achievement of independence from Britain. It enacted recommendations from the Balfour Report of 1926, which had declared that Britain and its Dominions were constitutionally “equal in status.” The Statute of Westminster gave Canada and the other Commonwealth Dominions legislative equality with Britain. They now had full legal freedom except in areas of their choosing. The Statute also clarified the powers of Canada’s Parliament and those of the other Dominions. (See also Editorial: The Statute of Westminster, Canada’s Declaration of Independence.)

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Quebec Act, 1774

The Quebec Act received royal assent on 22 June 1774. It revoked the Royal Proclamation of 1763, which had aimed to assimilate the French-Canadian population under English rule. The Quebec Act was put into effect on 1 May 1775. It was passed to gain the loyalty of the French-speaking majority of the Province of Quebec. Based on recommendations from Governors James Murray and Guy Carleton, the Act guaranteed the freedom of worship and restored French property rights. However, the Act had dire consequences for Britain’s North American empire. Considered one of the five “Intolerable Acts” by the Thirteen American Colonies, the Quebec Act was one of the direct causes of the American Revolutionary War (1775–83). It was followed by the Constitutional Act in 1791.

This is the full-length entry about the Quebec Act of 1774. For a plain language summary, please see The Quebec Act, 1774 (Plain-Language Summary).

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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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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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Durham Report

In 1838, the British politician Lord Durham was sent to British North America to investigate the causes of the rebellions of 1837–38 in the colonies of Upper and Lower Canada. Durham's famous Report on the Affairs of British North America (1839) led to a series of reforms and changes. These included uniting the two Canadas into a single colony, the Province of Canada, in 1841. (See also: Act of Union.) The report also paved the way for responsible government. This was a critical step in the development of Canadian democracy. The report played an important role in the evolution of Canada’s political independence from Britain.

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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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Reciprocity

Reciprocity was a free trade agreement between the United States and Canada. It mutually reduced import duties and protective tariffs on certain goods exchanged between the two countries. It was in effect from 1854 to 1866 and was controversial at times on both sides of the border. It was replaced in 1878 by the Conservative Party’s protectionist National Policy. It involved levying tariffs on imported goods to shield Canadian manufacturers from American competition. A narrower reciprocity agreement was introduced in 1935 and expanded in 1938. However, it was suspended in 1948 after both countries signed the General Agreement on Tariffs and Trade (GATT).

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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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Rebellion in Upper Canada

The 1837 rebellion in Upper Canada was a less violent, more limited affair than the uprising earlier that year in Lower Canada. However, its leaders, including William Lyon Mackenzie, were equally serious in their demands. They wanted democratic reform and an end to the rule of a privileged oligarchy. The rebellion itself failed, but its very failure helped pave the way for moderate and careful political change in British North America. This included the union of Upper and Lower Canada into the Province of Canada and the eventual introduction of responsible government.

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Rebellion in Lower Canada

In 1837 and 1838, French Canadian militants in Lower Canada took up arms against the British Crown in 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 francophone majority. 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 rebellions also gave French Canadians one of their first nationalist heroes in Louis-Joseph Papineau.

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Canadian-American Relations

Canada and the United States have a unique relationship. Two sovereign states, occupying the bulk of North America and sharing the world's longest undefended border, each reliant on the other for trade, continental security and prosperity. Despite radically different beginnings, as well as a history of war, conflict and cultural suspicion, the two countries stand as a modern example of inter-dependence and co-operation.

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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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Manifest Destiny

The term Manifest Destiny was first used in 1845 by New York City journalist John Louis O’Sullivan. He used the term in the context of America’s annexation of the Republic of Texas. Manifest Destiny represented the idea that it was America’s right — its destiny, in fact — to expand across all of North America. Politicians and citizens in the United States called for the US to expand by claiming control of British territory. This included the Province of Canada (formerly Upper Canada and Lower Canada), New Brunswick and Nova Scotia.

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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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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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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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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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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.