Search for "Constitutional Act of 1791"

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Article

Chinese Immigration Act

The Chinese Immigration Act of 1923, known also as the Chinese Exclusion Act, banned the entry of virtually all Chinese immigrants for 24 years. Although migration into Canada from most countries was controlled or restricted in some way, only Chinese people were singled out completely from entering on the basis of race. The four exceptions to the exclusion were students, merchants (excluding laundry, restaurant and retail operators), diplomats and Canadian-born Chinese returning from education in China. The limit on absence from Canada was two years, and the consequence for not returning on time was being barred re-entry. Additionally, every person of Chinese descent, whether Canadian-born or naturalized, was required to register for an identity card within 12 months. The penalty for noncompliance was imprisonment or a fine of up to $500. Though the Act was repealed in 1947, immigration restrictions on the basis of race and national origin were not fully scrubbed until 1967.

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

United Empire Loyalists' Association of Canada

The United Empire Loyalists' Association of Canada (UELAC) is a national organization that brings together descendants of United Empire Loyalists and promotes their memory and history through conferences, research, the maintenance of plaques and monuments and other such works. Membership is also open to those without Loyalist heritage. There are 28 branches in Canada, located in all provinces except Newfoundland and Labrador.

Article

War Measures Act

The War Measures Act was a federal law adopted by Parliament on 22 August 1914, after the beginning of the First World War. It gave broad powers to the Canadian government to maintain security and order during “war, invasion or insurrection.” It was used, controversially, to suspend the civil liberties of people in Canada who were considered “enemy aliens” during both world wars. This led to mass arrests and detentions without charges or trials. The War Measures Act was also invoked in Quebec during the 1970 October Crisis. The Act was repealed and replaced by the more limited Emergencies Act in 1988.

Article

Canadian Bill of Rights

The Canadian Bill of Rights was the country’s first federal law to protect human rights and fundamental freedoms. It was considered groundbreaking when it was enacted by the government of John Diefenbaker in 1960. But it proved too limited and ineffective, mainly because it applies only to federal statutes and not provincial ones. Many judges regarded it as a mere interpretive aid. The bill was cited in 35 cases between 1960 and 1982; thirty were rejected by the courts. Though it is still in effect, the Bill of Rights was superseded by the Canadian Charter of Rights and Freedoms in 1982.

Article

Rights of Indigenous Peoples in Canada

It is difficult to generalize about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

Article

Treaty 3

On 3 October 1873, some Saulteaux peoples (an Ojibwe people) and the Government of Canada signed Treaty 3, also known as the North-West Angle Treaty. This agreement provided the federal government access to Saulteaux lands in present-day northwestern Ontario and eastern  Manitobain exchange for various goods and Indigenous rights to hunting, fishing and natural resources on reserve lands. The terms and text of Treaty 3 set precedents for the eight Numbered Treaties that followed. (See also Treaties with Indigenous Peoples in Canada.)

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McIvor Case

The McIvor v. Canada case was about gender discrimination in section 6 of the 1985 Indian Act, which deals with Indian status. Sharon McIvor — a woman who regained status rights after the passing of Bill C-31 in 1985 — was not able to pass on those rights to her descendants in the same way that a man with status could. In her case against the federal government, the British Columbia Supreme Court ruled in 2007 that section 6 did, in fact, deny McIvor’s equality rights under the Canadian Charter of Rights and Freedoms. In response to this case, the federal government introduced new legislation (Bill C-3) in 2011 to counter gender discrimination in the Indian Act.

Article

Enfranchisement (Plain-Language Summary)

Throughout much of Canadian history, a First Nations person would lose their Indian status if they were enfranchised. An enfranchised person is someone who has the right to vote in elections. A First Nations person who is deemed a Status Indian has certain rights and benefits granted to them through the Indian Act.

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

Article

“O Canada”

“O Canada” is Canada’s national anthem. Originally called “Chant national,” it was written in Québec City by Sir Adolphe-Basile Routhier (words in French) and composer Calixa Lavallée (music), and first performed there on 24 June 1880. It began to be sung widely in French Canada at that time and later spread across Canada in various English-language versions, of which the best-known was written by Robert Stanley Weir in 1908. The lyrics of this version were amended several times over the years, with the most recent changes occurring in February 2018; the French lyrics have been shortened but otherwise remain unaltered from the original. “O Canada” was approved as Canada’s national anthem by a Special Joint Committee of the Senate and House of Commons on 15 March 1967. It was officially adopted as Canada’s national anthem under the National Anthem Act on 27 June 1980. The Act was proclaimed by Governor General Edward Schreyer in a public ceremony on Parliament Hill on 1 July 1980.

Article

Native People's Caravan

The Native People’s Caravan was a cross-country mobile protest that took place in 1974. Its main purpose was to raise awareness about the poor living conditions and discrimination experienced by Indigenous peoples in Canada. It travelled from Vancouver to Ottawa, where the subsequent occupation of a vacant warehouse on Victoria Island, near Parliament Hill, extended into 1975. The caravan brought various Indigenous groups together in protest of broken treaties, as well as a lack of government-supported education, housing and health care. As a result, meetings between Cabinet ministers and Indigenous leaders became more frequent. The protest is remembered as an important turning point in Indigenous activism in Canada.

Article

Constitution Act, 1867

The Constitution Act, 1867 was originally known as the British North America Act (BNA Act). It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. It came into effect on 1 July 1867. The Act is the foundational document of Canada’s Constitution. It outlines the structure of government in Canada and the distribution of powers between the central Parliament and the provincial legislatures. It was renamed the Constitution Act, 1867 with the patriation of the Constitution in 1982.

Article

October Crisis

The October Crisis refers to a chain of events that took place in Quebec in the fall of 1970. The crisis was the culmination of a long series of terrorist attacks perpetrated by the Front de libération du Québec (FLQ), a militant Quebec independence movement, between 1963 and 1970. On 5 October 1970, the FLQ kidnapped British trade commissioner James Cross in Montreal. Within the next two weeks, FLQ members also kidnapped and killed Quebec Minister of Immigration and Minister of Labour Pierre Laporte. Quebec premier Robert Bourassa and Montreal mayor Jean Drapeau called for federal help to deal with the crisis. In response, Prime Minister Pierre Trudeau deployed the Armed Forces and invoked the War Measures Act — the only time it has been applied during peacetime in Canadian history.


Article

Battle of the Plains of Abraham

The Battle of the Plains of Abraham (13 September 1759), also known as the Battle of Quebec, was a pivotal moment in the Seven Years’ War and in the history of Canada. A British invasion force led by General James Wolfe defeated French troops under the Marquis de Montcalm, leading to the surrender of Quebec to the British. Both commanding officers died from wounds sustained during the battle. The French never recaptured Quebec and effectively lost control of New France in 1760. At the end of the war in 1763 France surrendered many of its colonial possessions — including Canada — to the British.

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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.

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Omar Khadr Case

Omar Khadr is a Toronto-born Canadian, captured by American soldiers after a firefight in Afghanistan in 2002, when he was 15 years old. The only minor since the Second World War to be convicted of purported war crimes, Khadr was imprisoned in Guantanamo Bay and Canada for almost 13 years in total. In 2010, the Supreme Court of Canada ruled that Khadr’s detainment violated “the principles of fundamental justice” and “the most basic Canadian standards about the treatment of youth suspects.” Despite repeated attempts by the Canadian government to keep him in prison, Khadr was released on bail in May 2015. In July 2017, he received $10.5 million in compensation from the government for Canada’s role in violating his constitutional rights. In March 2019, an Alberta judge declared that Khadr had completed his war crimes sentence, making him a free man.

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Member of Parliament (MP)

The term Member of Parliament (MP) refers to individuals elected to represent a single federal electoral district (or “riding”) in the House of Commons. As elected representatives, MPs have three main duties: legislating in Parliament, representing their riding and political party, and serving their constituents’ needs. MPs occupy different roles and levels of influence in government. They hold office until Parliament is dissolved — typically four year terms — and can serve infinite mandates, so long as they are re-elected. Any Canadian citizen who is at least 18 years old on election day can run for office. Most MPs are elected as a member of a political party, but some may campaign and sit as independents. There are 338 seats for Members of Parliament in the House of Commons.