Search for "Constitution Act, 1982"

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First Nations

First Nations is a term used to describe Indigenous peoples in Canada who are not Métis or  Inuit. First Nations people are original inhabitants of the land that is now Canada, and were the first to encounter sustained European contact, settlement and trade. According to the 2016 census by Statistics Canada, 977,230 people in Canada identified as being of First Nations heritage, a growth of 39.3 per cent since 2006. There are 634 First Nations in Canada, speaking more than 50 distinct languages.

For more detailed information on specific First Nations, see Indigenous Peoples in Canada.

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Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of Canada’s Constitution. The Charter guarantees the rights of individuals by enshrining those rights, and certain limits on them, in the highest law of the land. Since its enactment in 1982, the Charter has created a social and legal revolution in Canada. It has expanded the rights of minorities and criminal defendants, transformed the nature and cost of criminal investigations and prosecutions, and subjected the will of Parliament and the legislaturesto judicial scrutiny — an ongoing source of controversy.

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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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Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

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Murder of Reena Virk

Reena Virk, a 14-year-old of South Asian origin, was savagely beaten and murdered by teenaged attackers in November 1997 in a suburb of Victoria, British Columbia. The crime horrified Canadians and attracted international media attention because of the brutality of the killing as well as the youth of Virk and those who attacked her. It prompted a national conversation about teenaged bullying and racism, led in part by Virk’s parents, who became anti-bullying campaigners in the wake of their daughter’s murder.

This article contains sensitive material that may not be suitable for all audiences.

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Internment in Canada

Internment is the forcible confinement or detention of a person during wartime. Large-scale internment operations were carried out by the Canadian government during the First World War and Second World War. In both cases, the War Measures Act was invoked, which gave the government the authority to deny people’s civil liberties, notably habeas corpus (the right to a fair trial before detention), and to hold them in camps across the country. More than 8,500 people were interned during the First World War and as many as 24,000 during the Second World War — including some 22,000 Japanese Canadians.

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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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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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Quebec Act, 1774

The Quebec Act received royal assent on 22 June 1774. It revoked the Royal Proclamation of 1763, which had aimed to assimilate the French-Canadian population under English rule. The Quebec Act was put into effect on 1 May 1775. It was passed to gain the loyalty of the French-speaking majority of the Province of Quebec. Based on recommendations from Governors James Murray and Guy Carleton, the Act guaranteed the freedom of worship and restored French property rights. However, the Act had dire consequences for Britain’s North American empire. Considered one of the five “Intolerable Acts” by the Thirteen American Colonies, the Quebec Act was one of the direct causes of the American Revolutionary War (1775–83). It was followed by the Constitutional Act in 1791.

This is the full-length entry about the Quebec Act of 1774. For a plain language summary, please see The Quebec Act, 1774 (Plain-Language Summary).

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Persons Case

The Persons Case (officially Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate.

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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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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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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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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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Rebellions of 1837–38

In 1837 and 1838, insurgents in Upper and Lower Canada led rebellions against the Crown and the political status quo. The revolt in Lower Canada was more serious and violent than the rebellion in Upper Canada. However, both events inspired the pivotal Durham Report. It led to the Act of Union, which merged the two colonies into the Province of Canada. It also resulted in the introduction of responsible government. These were critical events on the road to Canadian nationhood.

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Rebellion in Lower Canada

In 1837 and 1838, French Canadian militants in Lower Canada took up arms against the British Crown in a pair of insurrections. The twin rebellions killed more than 300 people. They followed years of tensions between the colony’s anglophone minority and the growing, nationalistic aspirations of its francophone majority. The rebels failed in their campaign against British rule. However, their revolt led to political reform, including the unified Province of Canada and the introduction of responsible government. The rebellions also gave French Canadians one of their first nationalist heroes in Louis-Joseph Papineau.

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Province of Canada (1841-67)

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) recommended the guidelines to create the new colony with the Act of Union. 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 the Province was dissolved to make way for Confederation in 1867. Canada West then became Ontario and Canada East became Quebec. The Province of Canada was a 26-year experiment in anglophone-francophone political cooperation. During this time, responsible government came to British North America and expanded trade and commerce brought wealth to the region. Leaders such as Sir John A. Macdonald, Sir George-Étienne Cartier and George Brown emerged and Confederation was born.

(This is the full-length entry about the Province of Canada. For a plain language summary, please see Province of Canada (Plain Language Summary).)

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The Great Coalition of 1864

The politics of the Province of Canada in the early 1860s were marked by instability and deadlock. The Great Coalition of 1864 proved to be a turning point in Canadian history. It proved remarkably successful in breaking the logjam of central Canadian politics and in helping to create a new country. The coalition united Reformers and Conservatives in the cause of constitutional reform. It paved the way for the Charlottetown Conference and Confederation.  

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Confederation's Opponents

Opposition to Confederation has existed since a union of British North Americancolonies was first proposed in the late 1840s. In the eastern parts of the country, opponents generally feared that Confederation would strip power from the provincesand hand it to the federal government; or that it would lead to higher taxes and military conscription. Many of these opponents ultimately gave up and even served in the Canadian government. In the West, Indigenous peoples in the Red River Colonywere never asked if they wanted to join Confederation. Fearing for their culture and land rights under Canadian control, they mounted a five-month insurgency against the government. Many Quebec nationalistshave long sought to separate from Confederation, either through the extreme measures of the Front de libération du Québec (FLQ), or through referenda in 1980 and 1995.