Search for "British North America Act"

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Article

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.

Article

Internment of Japanese Canadians

The forcible expulsion and confinement of Japanese Canadians during the Second World War is one of the most tragic sets of events in Canada’s history. Some 21,000 Japanese Canadians were taken from their homes on Canada’s West Coast, without any charge or due process. Beginning 24 February 1942, around 12,000 of them were exiled to remote areas of British Columbia and elsewhere. The federal government stripped them of their property and pressured many of them to accept mass deportation after the war. Those who remained were not allowed to return to the West Coast until 1 April 1949. In 1988, the federal government officially apologized for its treatment of Japanese Canadians. A redress payment of $21,000 was made to each survivor, and more than $12 million was allocated to a community fund and human rights projects.

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The Conquest of New France

The Conquest (La Conquête) is a term used to describe the acquisition of Canada by Great Britain during the Seven Years’ War. It also refers to the resulting conditions experienced by Canada’s 60,000 to 70,000 French-speaking inhabitants and numerous Indigenous groups. French forces at Quebec City surrendered to British forces on 18 September 1759, a few days after the crucial Battle of the Plains of Abraham. French resistance ended in 1760 with the capitulation of Montreal. In 1763, the Treaty of Paris surrendered New France to Britain. The Royal Proclamation of 1763 introduced assimilative policies that ultimately failed. They were replaced by the provisions of the Quebec Act of 1774. Although it helped spark the American Revolutionary War (1775–83), the Act also granted Canadians enviable conditions that resulted in generations of relative stability.

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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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Constitutional Act, 1791

The Constitutional Act, 1791 was an act of the British Parliament. Also known as the Canada Act, it divided the Province of Quebec into  Upper Canada and Lower Canada. The Act was a first step on the long path to Confederation, but its rigid colonial structures also set the stage for rebellion in the Canadas. (See Rebellions of 1837–38.) The Act was also notable for giving women who owned property in Lower Canada the right to vote — a high level of inclusion by the standards of the time.

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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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October Crisis

The October Crisis began 5 October 1970 with the kidnapping of James CROSS, the British trade commissioner in Montréal, by members of the Front de Libération du Québec (FLQ).

Editorial

Editorial: The Canadian Flag, Distinctively Our Own

On 15 February 1965, at hundreds of ceremonies across the country and around the world, the red and white Maple Leaf Flag was raised for the first time. In Ottawa, 10,000 people gathered on a chilly, snow-covered Parliament Hill. At precisely noon, the guns on nearby Nepean Point sounded as the sun broke through the clouds. An RCMP constable, 26-year-old Joseph Secours, hoisted the National Flag of Canada to the top of a specially-erected white staff. A sudden breeze snapped it to attention.

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Manitoba and Confederation

Canada’s fifth province, Manitoba entered Confederation with the passing of the Manitoba Acton 12 May 1870. The AssiniboineDakotaCree and Dene peoples had occupied the land for up to 15,000 years. Since 1670, it was part of Rupert’s Landand was controlled by the Hudson’s Bay Company. The Canadian government purchased Rupert’s Land at the behest of William McDougall, Manitoba’s Father of Confederation. No residents of the area were consulted about the transfer; in response, Louis Rieland the Métis led the Red River Rebellion. It resulted in an agreement to join Confederation. Ottawa agreed to help fund the new provincial government, give roughly 1.4 million acres of land to the Métis, and grant the province four seats in Parliament. However, Canada mismanaged its promise to guarantee the Métis their land rights. The resulting North-West Rebellion in 1885 led to the execution of Riel. The creation of Manitoba — which, unlike the first four provinces, did not control its natural resources — revealed Ottawa’s desire to control western development.

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Canada East

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) laid out the guidelines to create the new colony with the Act of Union in 1840. 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 Confederation in 1867. Canada West then became Ontario and Canada East became Quebec.

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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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Notwithstanding Clause

Section 33 of the Canadian Charter of Rights and Freedoms is known as the notwithstanding clause. Also known as the override clause, it is part of the Constitution of Canada. The clause allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. These overrides are subject to renewal after five years. Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government has never invoked the clause.

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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.  

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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Constitution Act, 1982

The Constitution Act, 1982 is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. It also enshrined the Charter of Rights and Freedoms in Canada’s Constitution, the highest law of the land. The Act was passed after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country. (See Patriation of the Constitution.)

Article

Canada West

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) laid out the guidelines to create the new colony with the Act of Union in 1840. 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 Confederation in 1867. Canada West then became Ontario and Canada East became Quebec.

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British Columbia and Confederation

The colony of British Columbia was founded in 1858 in response to the Fraser River Gold Rush. (See also The Fraser River Gold Rush and the Founding of British Columbia.) The colony established representative government in 1864 and merged with the colony of Vancouver Island in 1866. In May 1868, Amor De Cosmos formed the Confederation League to bring responsible government to BC and to join Confederation. In September 1868, the Confederation League passed 37 resolutions outlining the terms for a union with the Dominion of Canada. The terms were passed by both the BC assembly and the federal Parliament in 1871. The colony joined Canada as the country’s sixth province on 20 July 1871. The threat of American annexation, embodied by the Alaska purchase of 1867, and the promise of a railway linking BC to the rest of Canada, were decisive factors.