Acts & Statutes | The Canadian Encyclopedia

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  • Article

    Chinese Immigration Act

    The Chinese Immigration Act of 1923, known also as the Chinese Exclusion Act, banned the entry of virtually all Chinese immigrants for 24 years. Although migration into Canada from most countries was controlled or restricted in some way, only Chinese people were singled out completely from entering on the basis of race. The four exceptions to the exclusion were students, merchants (excluding laundry, restaurant and retail operators), diplomats and Canadian-born Chinese returning from education in China. The limit on absence from Canada was two years, and the consequence for not returning on time was being barred re-entry. Additionally, every person of Chinese descent, whether Canadian-born or naturalized, was required to register for an identity card within 12 months. The penalty for noncompliance was imprisonment or a fine of up to $500. Though the Act was repealed in 1947, immigration restrictions on the basis of race and national origin were not fully scrubbed until 1967.

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  • Article

    Civil Code

    Civil Code is a fundamental legislative enactment which contains a compendious statement of a country's private law. It is typically found in legal systems whose traditions are traceable to Roman law. In Canada, only Quebec has a Civil Code.

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  • Article

    Conscription in Canada

    Conscription is the compulsory enlistment or “call up” of citizens for military service. It is sometimes known as “the draft.” The federal government enacted conscription in both the First World War and the Second World War. Both instances created sharp divisions between English Canadians, who tended to support the practice, and French Canadians, who generally did not. Canada does not currently have mandatory military service. The Canadian Armed Forces are voluntary services.

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  • Article

    Conscription in Canada (Plain-Language Summary)

    Conscription is the drafting of people for mandatory military service. Canadians have been conscripted twice in history. Both times, only males were conscripted. The first time was during the First World War. The second time was during the Second World War. Conscription was an issue that divided Canada. Most English-speaking Canadians supported it. Most French-speaking Canadians opposed it. (This article is a plain-language summary of Conscription in Canada. If you are interested in reading about this topic in more depth, please see the full-length entry.)

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  • Article

    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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  • Article

    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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  • Article

    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.)

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  • Article

    Constitution Act 1982 Document

    Constitution Act, 1982: DocumentPart I, Canadian Charter of Rights and FreedomsWhereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Fundamental Freedoms 2. Everyone has the...

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  • Article

    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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  • Article

    Constitutional Act 1791 Document

    Constitutional Act, 1791: DocumentSelected text of the Constitutional Act, 1791: an amendment of the Quebec Act designed to apply the British constitution as nearly as possible to colonial conditions without affecting the guaranteed rights of French Canadians. Note should be taken of the failure to define the role of the Executive Council and the ambiguity of the provisions for the Clergy Reserves. (What was meant by a "Protestant" clergy?) These flaws in the Act paved...

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  • Article

    Constitutional Act, 1791 (Plain-Language Summary)

    The Constitutional Act, 1791 was an act of the British Parliament. It was 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. It also gave women who owned property in Lower Canada the right to vote. But its rigid colonial structures set the stage for the Rebellions of 1837–38.   This article is a plain-language summary of the Constitutional Act, 1791. If you would like to read about this topic in more depth, please see our full-length entry: Constitutional Act, 1791.

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  • Article

    Corn Laws

    Corn laws, 1794-1846, set duties on grain imports into Britain to protect British agriculture from outside competition. (In Britain, "corn" is the name for CEREAL CROPS.

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  • Article

    Criminal Code of Canada

    Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.

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  • Article

    Defamation in Canada

    Defamation law protects an individual's reputation and good name. It also restricts freedom of speech. Therefore, courts must carefully balance these two important values in deciding defamation actions. 

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  • Article

    Disallowance

    The CONSTITUTION ACT of 1867 provides that any ACT of a provincial legislature must be promptly sent to the GOVERNOR GENERAL and that the governor general-in-council (federal CABINET) may disallow any such Act (wipe it off the statute book) within one year.

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