Search for "Supreme Court of Canada"

Displaying 1-20 of 25 results
Editorial

Editorial: The Canadian Constitution Comes Home

In April 1982, as an Ottawa winter turned to spring, Queen Elizabeth II made her eleventh visit to Canada. She had come to make it official. After more than a half-century of trying, Canada would have its own constitution. A Canadian-made constitution was unfinished business from the country’s colonial past. The British North America Act in 1867 set out the jurisdictions of the federal and provincial governments and created the Dominion of Canada. It was, however, a law of the British Parliament, and it could only be amended (changed) by the British.

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.

Article

Right to Vote in Canada

The term franchise denotes the right to vote in elections for members of Parliament, provincial legislatures and municipal councils. The Canadian franchise dates from the mid-18th-century colonial period. At that time, restrictions effectively limited the right to vote to male property holders. Since then, voting qualifications and the categories of eligible voters have expanded according to jurisdiction. These changes reflect the evolution of Canada’s social values and constitutional requirements.

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.

Article

Quebec Conference, 1864

From 10–27 October 1864, politicians from the five British North American colonies gathered in Quebec City to continue discussing their unification into a single country. These discussions began at the Charlottetown Conference the previous month. The most important issues decided in Quebec City were the structure of Parliament and the distribution of powers between the federal and provincial governments. The broad decisions from the Charlottetown and Quebec conferences were made into 72 resolutions, known as the Quebec Resolutions. These formed the basis of Confederation and of Canada’s Constitution.

Article

Nova Scotia and Confederation

Nova Scotia was one of the four founding provinces of Canada. It joined New Brunswick,  Ontario and Quebec in Confederation on 1 July 1867. However, this was mainly because Confederation delivered the Intercolonial Railway to the Maritimes, and because of the efforts of Sir Charles Tupper. His government passed approval for Confederation in the colonial legislature despite popular opposition. (See Confederation’s Opponents.) Confederation was met with mass protests in the colony. Joseph Howe led a two-year effort to repeal the union. (See Repeal Movement.) But Howe finally decided he could do more to help his province by working inside the federal government. He joined the federal Cabinet in 1869.

Article

The American Response to the Canadian Rebellions of 1837–38

By December 1837 and January 1838, rebels from Upper and Lower Canada had suffered heavy defeats at the hands of British and Loyalist forces. (See: Rebellion in Lower Canada; Rebellion in Upper Canada.) They fled to the United States to seek financial and military assistance. The American public was aware that there had been armed conflicts in the Canadas. Many were even initially supportive. However, the presence of Canadian rebels on American soil forced many to question American involvement. The growing tensions with Great Britain over the Caroline Affair complicated matters. The creation of the Republic of Texas and the fight over the abolition of slavery were also factors. In January 1838, US President Martin Van Buren took steps to ensure America’s neutrality in the Canadian rebellions.

Article

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.

Article

Vancouver Feature: Bloody Sunday

That stately building at the northwest corner of Hastings and Granville is known as the Sinclair Centre today. It houses federal offices, upscale clothing shops and a small mall. It was once Vancouver’s main Post Office, the site of “Bloody Sunday,” a violent Depression-era clash between police and unemployed workers.

Editorial

Editorial: The Canadian Flag, Distinctively Our Own

On 15 February 1965, at hundreds of ceremonies across the country and around the world, the red and white Maple Leaf Flag was raised for the first time. In Ottawa, 10,000 people gathered on a chilly, snow-covered Parliament Hill. At precisely noon, the guns on nearby Nepean Point sounded as the sun broke through the clouds. An RCMP constable, 26-year-old Joseph Secours, hoisted the National Flag of Canada to the top of a specially-erected white staff. A sudden breeze snapped it to attention.

Article

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.

Article

Confederation

Confederation refers to the process of federal union in which the British North American colonies of Nova Scotia, New Brunswick and the Province of Canada joined together to form the Dominion of Canada. The term Confederation also stands for 1 July 1867, the date of the creation of the Dominion. (See also Canada Day.) Before Confederation, British North America also included Newfoundland, Prince Edward Island, British Columbia, and the vast territories of Rupert’s Land (the private domain of the Hudson’s Bay Company) and the North-Western Territory. Beginning in 1864, colonial politicians (now known as the Fathers of Confederation) met and negotiated the terms of Confederation at conferences in Charlottetown, Quebec City and London, England. Their work resulted in the British North America Act, Canada’s Constitution. It was passed by the British Parliament. At its creation in 1867, the Dominion of Canada included four provinces: Nova Scotia, New Brunswick, Quebec and Ontario. Between then and 1999, six more provinces and three territories joined Confederation.

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

Article

New Brunswick and Confederation

New Brunswick became one of the founding members of the Dominion of Canada on 1 July 1867 when it joined Nova Scotia, Ontario and Quebec in Confederation. Arthur Hamilton Gordon, the lieutenant-governor of New Brunswick, helped organize the Charlottetown Conference (1–9 September 1864), where a federal union of British North American colonies was first discussed. By 1865, however, a majority in the New Brunswick legislature had swung against it. Albert Smith defeated pro-Confederation premier Samuel Tilley in a snap election that year. But the Fenian Raids in 1866 fueled New Brunswick’s sense of insecurity and increased support for Confederation. After Tilley’s party won another election in 1866, the legislature voted 38–1 in favour of Confederation.

Article

Enslavement of Indigenous People in Canada

To a tremendous extent, the enslavement of Indigenous peoples defines slavery in Canada. Fully two-thirds of the slaves in the colony of New France were Indigenous. After 1750, the number of Indigenous slaves brought into French Canada began to decline. When slavery was abolished in British colonies in 1834, Black slaves far outnumbered Indigenous slaves. (See also Black Enslavement in Canada.) The enslavement of Indigenous peoples is part of a dark legacy of colonization that has had implications on generations of Indigenous peoples in Canada and throughout North America.

Article

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 Governmentdirected by Britain. In a 1948 referendum, Newfoundlanders were given the choice to either continue with th 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.

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 Canadaboarded the steamer Queen Victoria in Quebec City. They had heard that representatives of Nova Scotia, New Brunswick and PEIwere 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 Brownagreed 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.

Article

Manitoba and Confederation

Canada’s fifth province, Manitoba entered Confederation with the passing of the Manitoba Acton 12 May 1870. The AssiniboineDakotaCree and Dene peoples had occupied the land for up to 15,000 years. Since 1670, it was part of Rupert’s Landand was controlled by the Hudson’s Bay Company. The Canadian government purchased Rupert’s Land at the behest of William McDougall, Manitoba’s Father of Confederation. No residents of the area were consulted about the transfer; in response, Louis Rieland the Métis led the Red River Rebellion. It resulted in an agreement to join Confederation. Ottawa agreed to help fund the new provincial government, give roughly 1.4 million acres of land to the Métis, and grant the province four seats in Parliament. However, Canada mismanaged its promise to guarantee the Métis their land rights. The resulting North-West Rebellion in 1885 led to the execution of Riel. The creation of Manitoba — which, unlike the first four provinces, did not control its natural resources — revealed Ottawa’s desire to control western development.

Article

The Great Flag Debate

The long and often bitter debate over the new Canadian flag began in the House of Commons on 15 June 1964. It ended by closure on 15 December 1964. Feelings ran high among many English Canadians. Opposition leader John Diefenbaker demanded that the flag honour Canada’s “founding races” and feature the Union Jack. Prime Minister Lester B. Pearson insisted on a design that conveyed allegiance to Canada while avoiding colonial association. A prolonged, heated debate ensued. Historian Rick Archbold described it as “among the ugliest in the House of Commons history.” The new flag, designed by George Stanley with final touches by graphic artist Jacques Saint-Cyr, was approved on 15 December 1964 by a vote of 163 to 78. The royal proclamation was signed by Queen Elizabeth II on 28 January 1965. The national flag was officially unfurled on 15 February 1965.

Article

Canadian Electoral System

Electoral systems are methods of choosing political representatives. (See also Political Campaigning in Canada.) Elections in Canada use a first-past-the-post system, whereby the candidate that wins the most votes in a constituency is selected to represent that riding. Elections are governed by an elaborate series of laws and a well-developed administrative apparatus. They occur at the federal, provincial, territorial and municipal levels. Canada’s federal election system is governed by the Canada Elections Act. It is administered by the Chief Electoral Officer. Provincial election systems, governed by provincial election acts, are similar to the federal system; they differ slightly from each other in important details. Federal and provincial campaigns — and that of Yukon — are party contests in which candidates represent political parties. Municipal campaigns — and those of Northwest Territories and Nunavut — are contested by individuals, not by parties.