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Peace and Friendship Treaties

Between 1725 and 1779, Britain signed a series of treaties with various Mi’kmaq, Wolastoqiyik (Maliseet), Abenaki, Penobscot and Passamaquoddy peoples living in parts of what are now the Maritimes and Gaspé region in Canada and the northeastern United States. Commonly known as the Peace and Friendship Treaties, these agreements were chiefly designed to prevent war between enemies and to facilitate trade. While these treaties contained no monetary or land transfer provisions, they guaranteed hunting, fishing and land-use rights for the descendants of the Indigenous signatories. The Peace and Friendship Treaties remain in effect today.

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Constitutional History 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 federaland provincial levels. Canada’s Constitution is not one legal document. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution has been in constant evolution from colonial times to the present day. The story of the Constitution is the story of Canada itself. It reflects the shifting legal, social and politicalpressures facing Canadians, as well as their choices as a society.

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Rights Revolution in Canada

The time between the end of the Second World War and the signing of the Canadian Charter of Rights and Freedoms in 1982 is often referred to as the Rights Revolution in Canada. During this period, awareness of and support for human rights increased. At the grassroots level, women, queer communities, Indigenous peoples, and disability activists pushed for greater inclusion and made significant rights gains. At the same time, both federal and provincial governments passed laws that prohibited discrimination and protected human rights for more people across Canada.

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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Right to Vote in Canada

The term franchise denotes the right to vote in elections for members of Parliament, provincial legislatures and municipal councils. The Canadian franchise dates from the mid-18th-century colonial period. At that time, restrictions effectively limited the right to vote to male property holders. Since then, voting qualifications and the categories of eligible voters have expanded according to jurisdiction. These changes reflect the evolution of Canada’s social values and constitutional requirements.

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Senate of Canada

The Senate is the Upper House of Canada’s Parliament. Its 105 members are appointed and hold their seats until age 75. The Senate’s purpose is to consider and revise legislation; investigate national issues; and most crucially according to the Constitution, give the regions of Canada an equal voice in Parliament. The Senate is a controversial institution. It has long been regarded by many Canadians as a place of unfair patronage and privilege. An unresolved debate continues about whether it should be reformed into an elected body accountable to the voters, or abolished.

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Treaty of Paris 1763

The Treaty of Paris was signed on 19 February 1763 and ended the Seven Years’ War between France, Britain and Spain. It marked the end of the war in North America and created the basis for the modern country of Canada. France formally ceded New France to the British, and largely withdrew from the continent.

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Charlottetown Accord

The Charlottetown Accord of 1992 was a failed attempt by Prime Minister  Brian Mulroney and all 10 provincial premiers to amend the Canadian Constitution. The goal was to obtain Quebec’s consent to the Constitution Act, 1982. The Accord would have recognized Quebec as a distinct society; decentralized many federal powers to the provinces; addressed the issue of Indigenous self-government; and reformed the Senate and the House of Commons. The Accord had the approval of the federal government and all 10 provincial governments. But it was rejected by Canadian voters in a referendum on 26 October 1992.

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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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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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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.

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Leader of the Opposition

In Canada, the leader of the Opposition is the leader of the largest political party sitting in opposition to the federal government (in other words, the party with the second-largest number of seats in the House of Commons). The formal title is “Leader of Her Majesty's Loyal Opposition.” This title reflects the Westminster system of government found in many Commonwealth countries whose political roots can be traced to the United Kingdom.

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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Crown

In a monarchy, the Crown is an abstract concept or symbol that represents the state and its government. In a constitutional monarchy such as Canada, the Crown is the source of non-partisan sovereign authority. It is part of the legislative, executive and judicial powers that govern the country. Under Canada’s system of responsible government, the Crown performs each of these functions on the binding advice, or through the actions of, members of Parliament, ministers or judges. As the embodiment of the Crown, the monarch — currently Queen Elizabeth II — serves as head of state. The Queen and her vice-regal representatives — the governor general at the federal level and lieutenant-governors provincially — possess what are known as prerogative powers; they can be made without the approval of another branch of government, though they are rarely used. The Queen and her representatives also fulfill ceremonial functions as Head of State.

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Enslavement of Indigenous People in Canada

To a tremendous extent, the enslavement of Indigenous peoples defines slavery in Canada. Fully two-thirds of the slaves in the colony of New France were Indigenous. After 1750, the number of Indigenous slaves brought into French Canada began to decline. When slavery was abolished in British colonies in 1834, Black slaves far outnumbered Indigenous slaves. (See also Black Enslavement in Canada.) The enslavement of Indigenous peoples is part of a dark legacy of colonization that has had implications on generations of Indigenous peoples in Canada and throughout North America.

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Jordan's Principle

Jordan’s Principle is a child-first principle that ensures First Nations children can access the same public services as other children in Canada. Jordan’s Principle is named for Jordan River Anderson, a young Cree boy who died at the age of five after waiting for home-based care that was approved when he was two but never arrived because of a financial dispute between the federal and provincial governments. Jordan’s Principle was put in place to ensure a tragedy like this never happens again.