Search for "Charter of Rights and Freedoms"

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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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John Humphrey

John Thomas Peters Humphrey, OC, lawyer, diplomat, scholar (born 30 April 1905 in Hampton, NB; died 14 Mar 1995 in Montreal, QC). John Humphrey was the director of the United Nations Human Rights Division from 1946 to 1966. He was instrumental in drafting the United Nations Universal Declaration of Human Rights in 1948. He also taught law and briefly served as dean at McGill University. He was made an Officer of the Order of Canada in 1974 and received the United Nations Prize for human rights advocacy in 1988.

Editorial

Editorial: John Humphrey, Eleanor Roosevelt and the Universal Declaration of Human Rights

In 1946, John Humphrey became director of the United Nations Division on Human Rights, and Eleanor Roosevelt was named the United States representative to the UN’s Commission on Human Rights. Humphrey was an obscure Canadian law professor. Roosevelt was the world’s most celebrated woman. For two years, they collaborated on the creation of one of the modern world’s great documents: the Universal Declaration of Human Rights. It was adopted on 10 December 1948.

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Sir Ambrose Shea

Sir Ambrose Shea, diplomat, politician, businessman, newspaperman (born c. 1815 in St. John’s, Newfoundland; died 30 July 1905 in London, England). Sir Ambrose Shea was one of the most influential Newfoundland politicians of the 19th century. He served in the colony’s House of Assembly for 34 years, including six as Speaker. He was a key player in both Liberal and Conservative administrations, having crossed the floor twice. A skilled orator and diplomat, he was admired for his attempts to mend political divisions between Catholics and  Protestants, and for his promotion of the island’s economic development. His enthusiastic support for Confederation following the Quebec Conference in 1864 hurt his career in Newfoundland, as Confederation did not gain popularity there until the mid-20th century. He is nevertheless considered a Father of Confederation. He also served as governor of the Bahamas.

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Viola Desmond

Viola Irene Desmond (née Davis), businesswoman, civil rights activist (born 6 July 1914 in Halifax, NS; died 7 February 1965 in New York, NY). Viola Desmond built a career and business as a beautician and was a mentor to young Black women in Nova Scotia through her Desmond School of Beauty Culture. In 1946, Viola Desmond challenged racial discrimination when she refused to leave the segregated Whites-only section of the Roseland Theatre in New Glasgow, Nova Scotia. Viola Desmond was arrested, jailed overnight and convicted without legal representation for an obscure tax offence as a result. Despite the efforts of the Nova Scotian Black community to assist her appeal, Viola Desmond was unable to remove the charges against her and went unpardoned in her lifetime. Desmond’s courageous refusal to accept an act of racial discrimination provided inspiration to later generations of Black persons in Nova Scotia and in the rest of Canada. In 2010, Lieutenant-Governor Mayann Francis issued Desmond a free pardon. In December 2016, the Bank of Canada announced that Viola Desmond would be the first Canadian woman to be featured by herself on the face of a banknote — the $10 note released on 19 November 2018. Viola Desmond was named a National Historic Person by the Canadian government in 2018.

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Emily Murphy

​Emily Murphy (née Ferguson, pen name Janey Canuck), writer, journalist, magistrate, political and legal reformer (born 14 March 1868 in Cookstown, ON; died 27 October 1933 in Edmonton, AB). Emily Murphy is best known for her role in the Persons Case, the successful campaign to have women declared “persons” in the eyes of British law. A self-described rebel, she was an outspoken feminist and controversial figure. In recent years, Murphy has attracted criticism for her views both on eugenics and immigration as well as acclaim for her success as a suffragist.

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Egerton Ryerson

Adolphus Egerton Ryerson, Methodist minister, educator (born 24 March 1803 in Charlotteville Township, Norfolk County, Upper Canada; died 18 February 1882 in Toronto, Ontario). Egerton Ryerson was a leading figure in education and politics in 19th century Ontario. He was born into a prominent Anglican, Loyalist family. He converted to Methodism and was ordained in 1827 in the Methodist Episcopal Church. He helped found and edit the Christian Guardian (1829), founded Upper Canada Academy (1836) and became the first principal of Victoria College (1841). He was known as a supporter of religious freedom and as the founder of the public education system in Ontario. Ryerson University was named in honour. However, his role in the development of residential schools has led to calls for the university to be renamed.

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Truth and Reconciliation Commission (Plain-Language Summary)

The Truth and Reconciliation Commission (TRC) started working in 2008. It was a result of the Indian Residential Schools Settlement Agreement (IRRSA). The IRRSA recognized the suffering and trauma experienced by Indigenous students at residential schools. It also provided financial compensation (money) to the students. The TRC performed many tasks. It created a national research centre. It collected documents from churches and government. It held events where students told their stories. Also, it did research about residential schools and issued a final report.

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Durham Report

In 1838, the British politician Lord Durham was sent to British North America to investigate the causes of the rebellions of 1837–38 in the colonies of Upper and Lower Canada. Durham's famous Report on the Affairs of British North America (1839) led to a series of reforms and changes. These included uniting the two Canadas into a single colony, the Province of Canada, in 1841. (See also: Act of Union.) The report also paved the way for responsible government. This was a critical step in the development of Canadian democracy. The report played an important role in the evolution of Canada’s political independence from Britain.

Article

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.

Article

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is a board of the British Privy Council. It was formed in 1833. In 1844, it was given jurisdiction over all of Britain’s colonial courts. People who had been judges in high courts in Britain served on the Judicial Committee, along with a sprinkling of judges from the Commonwealth. Their decisions were often criticized for favouring provincial powers over federal authority, especially in fields such as trade and commerce. The Judicial Committee served as the court of final appeal for Canada until 1949, when that role was given to the Supreme Court of Canada.  

Editorial

Women on Canadian Banknotes

Though Queen Elizabeth II has appeared on the $20 bill since she was eight years old, identifiable Canadian women have only appeared on a Canadian banknote once. In 2004, the statue of the Famous Five from Parliament Hill and Olympic Plaza in Calgary, and the medal for the Thérèse Casgrain Volunteer Award were featured on the back of the $50 note. They were the first Canadian women to appear on our currency. However, in 2011, they were replaced by an icebreaker named for a man (see Roald Amundsen). The new bill was part of a series of notes meant to highlight technical innovation and achievement, but the change sparked controversy. Other than the image of a nameless female scientist on the $100 note issued in 2011, and two female Canadian Forces officers and a young girl on the $10 bill issued in 2001, Canadian women were absent from Canadian bills.

On 8 March 2016, International Women’s Day, the Bank of Canada launched a public consultation to choose an iconic Canadian woman who would be featured on a banknote, released in the next series of bills in 2018. More than 26,000 submissions poured in. Of those, 461 names met the qualifying criteria, and the list was pared down to a long list of 12 and finally a short list of five. The final selection will be announced on 8 December 2016.

But how did we get here?

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Murray Sinclair

Murray Sinclair or Mizanay (Mizhana) Gheezhik, meaning “The One Who Speaks of Pictures in the Sky” in the Ojibwe language, lawyer, judge and senator (born in 1951 in Selkirk, MB). Called to the Manitoba Bar in 1980, Sinclair focused primarily on civil and criminal litigation, Indigenous law and human rights. In 1988, he became Manitoba’s first, and Canada’s second, Indigenous judge. Sinclair joined the Truth and Reconciliation Commission in 2009, before becoming a senator in 2016. The breadth of public service and community work completed by Sinclair demonstrates his commitment to Indigenous peoples in Canada.

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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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Thomas D'Arcy McGee

Thomas D’Arcy McGee, journalist, politician, poet (born 13 April 1825 in Carlingford, County Louth, Republic of Ireland; died 7 April 1868 in Ottawa, ON). Thomas D’Arcy McGee was dedicated to the cause of Irish national liberation. This pushed him towards revolutionary anti-British doctrine in his early years. However, he matured to become a staunch defender of British constitutional monarchy and a Father of Confederation. He was an advocate for minority rights at a time when the politics of ethnic and religious identity were intensely fraught. He was an incredibly eloquent public speaker and a passionate advocate for Canadian interests. However, his political transformation ultimately damaged his popularity with Irish nationalists, particularly the Fenians. He was assassinated in 1868.

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Palbinder Kaur Shergill

Palbinder Kaur Shergill, QC, judge of the Supreme Court of British Columbia in New Westminster (born in Rurka Kalan, Punjab, India). Shergill spent 26 years practising law before she was appointed to the Supreme Court of British Columbia. She was the first turbaned Sikh woman to be appointed as a judge in Canada.