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Editorial

Editorial: The Statute of Westminster, Canada's Declaration of Independence

In the fall of 1929, Canada’s Minister of Justice, Ernest Lapointe, travelled to England. He took with him Dr. Oscar Skelton — the “elder statesman” of the Canadian civil service, as William Lyon Mackenzie Kingonce described him. When Lapointe and Skelton were done their negotiations, they had confirmed that Canada would have its independence from the British Empire.

Article

Indian Act

The Indian Act is the primary law the federal government uses to administer Indian status, local First Nations governments and the management of reserve land. It also outlines governmental obligations to First Nations peoples. The Indian Act pertains to people with Indian Status; it does not directly reference non-status First Nations people, the Métis or Inuit. First introduced in 1876, the Act subsumed a number of colonial laws that aimed to eliminate First Nations culture in favour of assimilation into Euro-Canadian society. The Act has been amended several times, most significantly in 1951 and 1985, with changes mainly focusing on the removal of discriminatory sections. It is an evolving, paradoxical document that has enabled trauma, human rights violations and social and cultural disruption for generations of Indigenous peoples.

This is the full-length entry about the Indian Act. For a plain language summary, please seeIndian Act (Plain Language Summary).

Article

Capital Punishment in Canada

In pre-Confederation Canada, hundreds of criminal offences were punishable by death. By 1865, only murder, treason and rape were still considered capital offences. In 1962, Ronald Turpin and Arthur Lucas were the last of 710 prisoners to be executed in Canada since 1859. After 1976, the death penalty was permitted only for members of the Armed Forces found guilty of cowardice, desertion, unlawful surrender, or spying for the enemy. The federal government completely abolished state executions in 1998.

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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Youth Criminal Justice Act

The Youth Criminal Justice Act, which was proclaimed in force on 1 April 2003, replaces the Young Offenders Act. It applies to a young person, or youth, who is or who appears to be 12 years old or older, but who is less than 18 years old and who is alleged to have committed an offence as a youth.

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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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Military Service Act

The Military Service Act became law on 29 August 1917. It was a politically explosive and controversial law that bitterly divided the country along French-English lines. It made all male citizens aged 20 to 45 subject to conscription for military service, through the end of the First World War. The Act’s military value was questionable, but its political consequences were clear. It led to the creation of Prime Minister Borden’s Union Government and drove most of his French-Canadian supporters into opposition.

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Wartime Elections Act

The Wartime Elections Act of 1917 gave the vote to female relatives of Canadian soldiers serving overseas in the First World War. It also took the vote away from many Canadians who had immigrated from “enemy” countries. The Act was passed by Prime Minister Robert Borden’s Conservative government in an attempt to gain votes in the 1917 election. It ended up costing the Conservatives support among certain groups for years to come. The Act has a contentious legacy. It granted many women the right to vote, but it also legitimized in law many anti-immigrant sentiments.

Article

Manitoba Act

The Manitoba Act provided for the admission of Manitoba as Canada’s fifth province. It received royal assent and became law on 12 May 1870. It marked the legal resolution of the struggle for self-determination between people of the Red River Colony and the federal government, which began with Canada’s purchase of Rupert’s Land in 1870. The Act contained protections for the region’s Métis. However, these protections were not fully realized. As a result, many Métis left the province for the North-West Territories.