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Article

NORAD

The North American Aerospace Defense Command (NORAD) was a pact made in 1957, at the height of the Cold War. It placed under joint command the air forces of Canada and the United States. Its name was later changed to the North American Aerospace Defense Command; but it kept the NORAD acronym. Canada and the US renewed NORAD in 2006, making the arrangement permanent. It is subject to review every four years, or at the request of either country. NORAD’s mission was also expanded into maritime warnings. The naval forces of the two countries remain under separate commands.

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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.

Article

Prime Minister of Canada

The prime minister (PM) is the head of the federal government. It is the most powerful position in Canadian politics. Prime ministers are not specifically elected to the position; instead, the PM is typically the leader of the party that has the most seats in the House of Commons. The prime minister controls the governing party and speaks for it; names senators and senior judges for appointment; and appoints and dismisses all members of Cabinet. As chair of Cabinet, the PM controls its agenda and greatly influences the activities and priorities of Parliament. In recent years, a debate has emerged about the growing power of prime ministers, and whether this threatens other democratic institutions.

Article

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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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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Guerin Case

The Guerin case (R. v. Guerin) resulted in a pivotal decision by the Supreme Court of Canada in 1984 about Indigenous rights. It centred on the fiduciary (guardian or trustee) responsibility of the Crown to consult openly and honestly with Indigenous peoples before making arrangements for the use of their land. (See also Duty to Consult.) For the first time, it established that the Crown has a legal responsibility to First Nations and not simply a moral one. It also recognized Aboriginal title to their land to be a sui generis (Latin for “unique”) right.

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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.

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Newfoundland and Labrador and Confederation

Attempts to bring Newfoundland into Confederation in the 1860s and 1890s were met with lukewarm interest in the colony. In 1934, Newfoundland was in bankruptcy during the Great Depression. It suspended responsible government and accepted an unelected Commission Government directed by Britain. In a 1948 referendum, Newfoundlanders were given the choice to either continue with the Commission Government, join Canada, or seek a return to responsible government as an independent dominion. The independence option won the first vote. But the Confederation option won a run-off vote with 52.3 per cent support. The British and Canadian parliaments approved of the union. Newfoundland became Canada’s 10th province on 31 March 1949. In 2001, the province’s name was officially changed to Newfoundland and Labrador.

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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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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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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.

Editorial

Editorial: Baldwin, LaFontaine and Responsible Government

The BaldwinLaFontaine government of 1848 has been called the “great ministry.” In addition to establishing responsible government, it had an incomparable record of legislation. It established a public school system and finalized the founding of the University of Toronto. It set up municipal governments and pacified French-Canadian nationalism after a period of unrest. Responsible government did not transform Canada overnight into a fully developed democracy. But it was an important milestone along the road to political autonomy. Most importantly, it provided an opportunity for French Canadians to find a means for their survival through the British Constitution. The partnership and friendship between Baldwin and LaFontaine were brilliant examples of collaboration that have been all too rare in Canadian history.

Editorial

Editorial: The Charlottetown Conference of 1864 and the Persuasive Power of Champagne

On Monday, 29 August 1864, eight of 12 cabinet members from the government of the Province of Canada boarded the steamer Queen Victoria in Quebec City. They had heard that representatives of Nova Scotia, New Brunswick and PEI were meeting in Charlottetown to discuss a union of the Maritime colonies. (See Charlottetown Conference.) The Canadian officials hoped to crash the party. Their government was gripped in deadlock. Even old enemies such as John A. Macdonald and George Brown agreed that a new political arrangement was needed. As the Queen Victoria made its way slowly down the Gulf of St. Lawrence, the Canadians frantically worked on their pitch.

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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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Middle Power

In international relations, the term middle power refers to a state that wields less influence on the world stage than a superpower. As the term suggests, middle powers fall in the middle of the scale measuring a country’s international influence. Where superpowers have great influence over other countries, middle powers have moderate influence over international events. Canada was considered to be a middle power during the postwar period — from 1945 until about 1960. Though Canada was not as powerful or prominent as the United Kingdom or the United States during this time, it was an international player that influenced events through moral leadership, peacekeeping and conflict mediation.

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Dominion of Canada

Dominion of Canada is the country’s formal title, though it is rarely used. It was first applied to Canada at Confederation in 1867. It was also used in the formal titles of other countries in the British Commonwealth. Government institutions in Canada effectively stopped using the word Dominion by the early 1960s. The last hold-over was the term Dominion Day, which was officially changed to Canada Day in 1982. Today, the word Dominion is seldom used in either private or government circles.

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Emergencies Act

In July 1988, the War Measures Act was repealed and replaced by the Emergencies Act. The Emergencies Act authorizes “the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof.” In contrast to the sweeping powers and violation of civil liberties authorized by the War Measures Act, the Emergencies Act created more limited and specific powers for the federal government to deal with security emergencies of five different types: national emergencies; public welfare emergencies; public order emergencies; international emergencies; and war emergencies. Under the Act, Cabinet orders and regulations must be reviewed by Parliament, meaning the Cabinet cannot act on its own, unlike under the War Measures Act. The Emergencies Act outlines how people affected by government actions during emergencies are to be compensated. It also notes that government actions are subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

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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.)