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Notwithstanding Clause

Section 33 of the Canadian Charter of Rights and Freedoms is known as the notwithstanding clause. Also known as the override clause, it is part of the Constitution of Canada. The clause allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. These overrides are subject to renewal after five years. Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government has never invoked the clause.

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Indigenous Languages in Canada

There are around 70 distinct Indigenous languages in Canada, falling into 12 separate language families. While in many places there has been decreased transmission of languages from one generation to the next, recognition of this has led to efforts by Indigenous peoples to revitalize and sustain their languages. Canada, and North America more generally, represent a highly complex linguistic region, with numerous languages and great linguistic diversity. Indigenous languages are spoken widely and are official languages in Nunavut and the Northwest Territories, while the Yukon recognizes the significance of the Indigenous languages of the territory. On 5 February 2019, the Canadian government tabled the Indigenous Languages Act, which seeks to protect and revitalize Indigenous languages in Canada.

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Federalism in Canada

Federalism is a political system in which government power and responsibility is divided between a federal legislature and state or provincial legislatures. A true federation, in the modern sense, is a state in which the smaller parts are not sovereign and cannot legally secede. In practice, Canadian federalism has swung between the extremes of centralizing control and decentralizingit. The federal government has jurisdiction over the entire country. Each provincial government has jurisdiction over its portion of the population and region. Both levels of government get their authority from Canada’s written Constitution; but it includes features that are incompatible with a strict approach to federalism. Canadian federalism has been tested throughout the country’s history. It remains a subject of great debate.

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Constitution Act, 1982

The Constitution Act, 1982 is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. It also enshrined the Charter of Rights and Freedoms in Canada’s Constitution, the highest law of the land. The Act was passed after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country. (See Patriation of the Constitution.)

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Intergenerational Trauma and Residential Schools

Historical trauma occurs when trauma caused by historical oppression is passed down through generations. For more than 100 years, the Canadian government supported residential school programs that isolated Indigenous children from their families and communities (see Residential Schools in Canada). Under the guise of educating and preparing Indigenous children for their participation in Canadian society, the federal government and other administrators of the residential school system committed what has since been described as an act of cultural genocide. As generations of students left these institutions, they returned to their home communities without the knowledge, skills or tools to cope in either world. The impacts of their institutionalization in residential school continue to be felt by subsequent generations. This is called intergenerational trauma.

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Prorogation in Canada

A prorogation is a suspension of Parliament. All parliamentary activity is stopped, but the government remains in power and is not dissolved. Every session of Parliament begins with a summons and ends with prorogation; both are issued by the governor general (or lieutenant-governor at the provincial level) at the government’s request. Throughout Canadian history, governments have at times used prorogation to their own advantage. The main purpose of prorogation is to wipe clean the Order Paper of old or existing business and to set a new legislative agenda. All unfinished business at the end of a session dies on the Order Paper. There are procedures in place to reinstate previous activities in a new session, which begins with a Speech from the Throne.

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Fraser River Gold Rush

In 1858, around 30,000 gold seekers flooded the banks of the Fraser River from Hope to just north of Lillooet in British Columbia’s first significant gold rush. Although it dissipated by the mid-1860s, the Fraser River Gold Rush had a significant impact on the area’s Indigenous peoples and resulted in the Fraser Canyon War. Fears that the massive influx of American miners would lead the United States to annex the non-sovereign British territory known as New Caledonia also resulted in the founding of British Columbia as a colony on 2 August 1858 (see The Fraser River Gold Rush and the Founding of British Columbia). By the mid-1860s, the Fraser Rush collapsed, and British Columbia sank into a recession.

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Residential Schools in Canada (Plain-Language Summary)

In the early 1600s, Catholic nuns and priests established the first residential schools in Canada. In 1883, these schools began to receive funding from the federal government. That year, the Government of Canada officially authorized the creation of the residential school system. The main goal of the system was to assimilate Indigenous children into white, Christian society. (See also Inuit Experiences at Residential School and Métis Experiences at Residential School.)

(This article is a plain-language summary of residential schools in Canada. If you are interested in reading about this topic in more depth, please see our full-length entry Residential Schools in Canada.)

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Smallpox in Canada

Smallpox is an infectious disease caused by the variola virus. The disease arrived in what is now Canada with French settlers in the early 17th century. Indigenous people had no immunity to smallpox, resulting in devastating infection and death rates. In 1768, arm-to-arm inoculation became more widely practised in North America. By 1800, advances in vaccination helped control the spread of smallpox. Public health efforts also reduced rates of infection. In the 20th century, Canadian scientists helped the World Health Organization eradicate smallpox. Eradication was achieved in 1979, but virus stocks still exist for research and safety reasons.

Click here for definitions of key terms used in this article.

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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 legislatures to judicial scrutiny — an ongoing source of controversy.

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Three Day Road

Joseph Boyden’s first novel, Three Day Road, made him one of Canada’s most prominent writers of fiction. It won multiple awards and drew attention to an overlooked aspect of Canada’s history, namely the role Indigenous people played in Canada’s military history. Inspired by the story of Anishnaabe First World War sniper Francis Pegahmagabow, Three Day Road follows a wounded soldier’s journey home. The novel parallels the death that hangs over the battlefields of the First World War with the destruction of traditional Indigenous cultures. The book won the McNally Robinson Aboriginal Book of the Year Award, the Rogers Writers’ Trust Fiction Prize and the Amazon.ca/Books in Canada First Novel Award.

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Canada and the Holocaust

The Holocaust is defined as the systematic persecution and murder of 6 million Jews and 5 million non-Jews, including Roma and Sinti, Poles, political opponents, LGBTQ people and Soviet prisoners of war (POWs), by Nazi Germany from 1933 to 1945. Jews were the only group targeted for complete destruction. Nazi racial ideology considered them subhuman. Though Jewish Canadians did not experience the Holocaust directly, the majority endured anti-Semitism in Canada. Jewish Canadians were only one generation removed from lands under German occupation from 1933 to 1945. They maintained close ties to Jewish relatives in those lands. These ties affected the community’s response to the Holocaust. There was, for instance, a disproportionate representation of Jews in the Canadian armed forces. Jewish Canadians were also heavily involved in postwar relief efforts for displaced persons and Holocaust survivors in Europe.

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Coloured Hockey League

The Coloured Hockey League of the Maritimes (CHL) was an all-Black men’s hockey league. It was organized by Black Baptists and Black intellectuals and was founded in Halifax, Nova Scotia in 1895. It disbanded in 1911 and reformed in 1925 but fell apart by the 1930s. Play was known to be fast, physical and innovative. The league was designed to attract young Black men to Sunday worship with the promise of a hockey game between rival churches after the services. Later, with the influence of the Black Nationalism Movement — and with rising interest in the sport of hockey — the league came to be seen as a potential driving force for the equality of Black Canadians. Canada Post issued a commemorative stamp in honour of the league in January 2020.

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Women's Memorial March

The Women’s Memorial March (WMM) is held every year on 14 February, Valentine’s Day, in cities across Canada and the United States. The WMM started in 1992 in Vancouver, BC, following the murder of Indigenous woman Cheryl Ann Joe. The first Women’s Memorial March began as a small memorial for Joe, but grew to become an annual march to honour all missing and murdered Indigenous women and girls. The Vancouver march draws thousands of people, while women’s memorial marches have spread to more than 20 cities across Canada and the United States.

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Fur Trade in Canada

The fur trade was a vast commercial enterprise across the wild, forested expanse of what is now Canada. It was at its peak for nearly 250 years, from the early 17th to the mid-19th centuries. It was sustained primarily by the trapping of beavers to satisfy the European demand for felt hats. The intensely competitive trade opened the continent to exploration and settlement. It financed missionary work, established social, economic and colonial relationships between Europeans and Indigenous people, and played a formative role in the creation and development of Canada.

(This is the full-length entry about the fur trade. For a plain-language summary, please see Fur Trade in Canada (Plain Language Summary).)

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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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Documenting the First World War

The First World War forever changed Canada. Some 630,000 Canadians enlisted from a nation of not yet eight million. More than 66,000 were killed. As the casualties mounted on the Western Front, an expatriate Canadian, Sir Max Aitken (Lord Beaverbrook), organized a program to document Canada’s war effort through art, photography and film. This collection of war art, made both in an official capacity and by soldiers themselves, was another method of forging a legacy of Canada’s war effort.

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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.