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Family Law in Canada

Family law is critical to most Canadians as it governs relationships between spouses, and between parents and their children. In family law, marriage and divorce fall under federal jurisdiction but most other issues, including adoption and matrimonial property disputes, fall under provincial laws that vary widely. Traditional family structures have changed significantly over time, with increasing numbers of same-sex and common law relationships, and growing divorce rates. This has led to intense debates over the future of family law, court challenges and provincial reviews of legislation.

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King-Byng Affair

The King-Byng Affair was a 1926 Canadian constitutional crisis pitting the powers of a prime minister against the powers of a governor general.

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Massey Commission

The Massey Commission was formally known as the Royal Commission on National Development in the Arts, Letters and Sciences. It was officially appointed by Prime Minister Louis St-Laurent on 8 April 1949. Its purpose was to investigate the state of arts and culture in Canada. Vincent Massey chaired the Commission. It issued its landmark report, the Massey Report, on 1 June 1951. The report advocated for the federal funding of a wide range of cultural activities. It also made a series of recommendations that resulted in the founding of the National Library of Canada (now Library and Archives Canada), the creation of the Canada Council for the Arts, federal aid for universities, and the conservation of Canada’s historic places, among other initiatives. The recommendations that were made by the Massey Report, and enacted by the federal government, are generally seen as the first major steps to nurture, preserve and promote Canadian culture.

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Canadian Identity

The question of what it means to be a Canadian has been a difficult and much debated one. Some people see the question itself as central to that identity. Canadians have never reached a consensus on a single, unified conception of the country. Most notions of Canadian identity have shifted between the ideas of unity and plurality. They have emphasized either a vision of “one” Canada or a nation of “many” Canadas. A more recent view of Canadian identity sees it as marked by a combination of both unity and plurality. The pluralist approach sees compromise as the best response to the tensions — national, regional, ethnic, religious and political — that make up Canada.

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Lac-Mégantic Rail Disaster

In the early morning of 6 July 2013, a runaway train hauling 72 tankers filled with crude oil derailed as it approached the centre of the town of Lac-Mégantic, Quebec. The tanker cars exploded and the oil caught fire, killing 47 people and destroying many buildings and other infrastructure in the town centre. The fourth deadliest railway disaster in Canadian history, the derailment led to changes in rail transport safety rules as well as legal action against the company and employees involved in the incident. Years after the derailment, re-building was still ongoing and many of the town’s residents continued to suffer from post-traumatic stress.

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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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Maggie Vail Murder Case

In September 1869, berry pickers in Saint John, New Brunswick, discovered the remains of an adult and a child hidden in some bushes. The bodies were soon identified as belonging to Sarah Margaret “Maggie” Vail and her infant daughter, Ella May. Later that month, architect John A. Munroe was charged with the murder of Vail, with whom he had an affair. Although his lawyer argued that Munroe was incapable of murder given his education and social standing — an early example of the “character” defence — he was convicted in December 1869. Munroe eventually confessed to the murders and was executed in February 1870.

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Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

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Daniels Case

On 14 April 2016, the Supreme Court of Canada ruled in Daniels v. Canada that the federal government, rather than provincial governments, holds the legal responsibility to legislate on issues related to Métis and Non-Status Indians. In a unanimous decision, the court found that Métis and Non-Status peoples are considered Indians under section 91(24) of the Constitution Act, 1867 — a section that concerns the federal government’s exclusive legislative powers. Recognition as Indians under this section of law is not the same as Indian Status, which is defined by the Indian Act. Therefore, the Daniels decision does not grant Indian Status to Métis or Non-Status peoples. However, the ruling could result in new discussions, negotiations and possible litigation with the federal government over land claims and access to education, health programs and other government services.

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Powley Case

R. v. Powley was a legal case concerning Métis hunting rights in Canada. In 1993, the province of Ontario charged Steve and Roddy Powley with illegal hunting. The Powleys disputed their conviction, arguing that the Aboriginal rights enshrined in section 35 of the Constitution Act, 1982 protected their hunting rights as Métis people. The case concluded in 2003, when the Supreme Court of Canada ruled that the Powleys were, in fact, exercising lawful Métis hunting rights. The Powley case established criteria on who can legally qualify for Métis rights. It outlined 10 specific criteria, known as the Powley Test, which applies to Métis communities across Canada. The case also clarified that the Métis are a distinct people, separate from First Nations and Inuit peoples in Canada. Some legal experts believe the Powley case might lead to expanded Métis rights, including harvesting and fishing rights and possibly self-government.

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Order-in-Council

federal order-in-council is a statutory instrument by which the governor general (the executive power of the governor-in-council),  acting on the advice and consent of the Queen's Privy Council  for Canada, expresses a decision. In practice, orders-in-council are drafted by Cabinet and formally approved by the governor general. Orders-in-council are not discussed by Parliament, and do not require legislation by Parliament, before being implemented.

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Union Nationale

The Union Nationale was a Québec political party founded in 1935 and dissolved in 1989. The party won six provincial elections between 1936 and 1966.

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The Quebec Act, 1774 (Plain-Language Summary)

In 1759, the British defeated the French on the Plains of Abraham. Soon after, the British took control of Quebec (see also The Conquest of New France.) The Quebec Act of 1774 was passed to gain the loyalty of the French who lived in the Province of Quebec. The Act had serious consequences for Britain’s North American empire. The Quebec Act was one of the direct causes of the American Revolution.

(This article is a plain-language summary of The Quebec Act, 1774. If you are interested in reading about this topic in more depth, please see our full-length entry on The Quebec Act, 1774.)

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Political Songs

In contrast to patriotic songs, which are broad in appeal and generally avoid controversy, political songs usually display intense partisanship and relate to specific events or situations, such as elections, strikes, unemployment, racism or discrimination. They vent grievances and scorn, often through satire, and are meant to boost morale and rouse support.

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Global Affairs Canada (GAC)

Global Affairs Canada (GAC) was originally founded as the Department of External Affairs in 1909 by Prime Minister Sir Wilfrid Laurier. The operations, mandate and title of the department have evolved over the years. Although legally incorporated as the Department of Foreign Affairs, Trade and Development, its public designation since 2015 has been Global Affairs Canada.  The department is responsible for overseeing Canada’s international engagement, including diplomatic relations, providing consular services, promoting international trade and international law, and leading Canada’s international development and humanitarian assistance.