Search for "Constitution Act, 1982"

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Constitution Act, 1982

The Constitution Act, 1982 enshrined the Charter of Rights and Freedoms in the Constitution, and completed the unfinished business of Canadian independence — allowing Canadians to amend their own Constitution without requiring approval from Britain.

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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 the Canadian 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, expanding the rights of minorities, transforming the nature of criminal investigations and prosecutions, and subjecting the will of Parliament and the legislatures to judicial scrutiny — an ongoing source of controversy.

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Dominion of Canada

Dominion of Canada is the country’s formal title, though it is rarely used. It was first applied to Canada at Confederation in 1867. It was also used in the formal titles of other countries in the British Commonwealth. Government institutions in Canada effectively stopped using the word Dominion by the early 1960s. The last hold-over was the term Dominion Day, which was officially changed to Canada Day in 1982. Today, the word Dominion is seldom used in either private or government circles.

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First Nations

First Nations is a term used to describe Indigenous peoples in Canada who are not Métis or Inuit. First Nations people are original inhabitants of the land that is now Canada, and were the first to encounter sustained European contact, settlement and trade. According to the 2016 Census (Statistics Canada), 977,230 people in Canada identified as being of First Nations heritage, a growth of 39.3 per cent since 2006. There are 634 First Nations in Canada, speaking more than 50 distinct languages.

For more detailed information on specific First Nations, see Indigenous Peoples in Canada.

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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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Constitution Act, 1867

​The Constitution Act, 1867, originally known as the British North America Act (BNA Act) was the law passed by the British Parliament creating the Dominion of Canada at Confederation.

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Royal Proclamation of 1763

The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It established the basis for governing the North American territories surrendered by France to Britain in the Treaty of Paris, 1763, following the Seven Years’ War. It introduced policies meant to assimilate the French population to British rule. These policies ultimately failed and were replaced by the Quebec Act of 1774 (see also The Conquest of New France). The Royal Proclamation also set the constitutional structure for the negotiation of treaties with the Indigenous inhabitants of large sections of Canada. It is referenced in section 25 of the Constitution Act, 1982. As such, it has been labelled an “Indian Magna Carta” or an “Indian Bill of Rights.” The Proclamation also contributed to the outbreak of the American Revolutionary War in 1775. The Proclamation legally defined the North American interior west of the Appalachian Mountains as a vast Indigenous reserve. This angered people in the Thirteen Colonies who desired western expansion.

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Patriation of the Constitution

In 1982 Canada "patriated" its Constitution, transferring the country's highest law, the British North America Act, from the authority of the British Parliament — a connection from the colonial past ­— to Canada's federal and provincial legislatures.

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Statute of Westminster

The Statute of Westminster, of 11 December 1931, was a British law clarifying the powers of Canada's Parliament and those of the other Commonwealth Dominions. It granted these former colonies full legal freedom except in those areas where they chose to remain subordinate to Britain.

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Constitutional Act 1791

The Constitutional Act of 1791 was an Act of the British Parliament creating Upper Canada and Lower Canada. Although it was a first step towards Canadian Confederation, its rigid colonial structures also set the stage for rebellion in the two Canadas.

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Senate of Canada

The Senate is the Upper House of Canada's Parliament. Its 105 members are appointed and hold their seats until age 75. The Senate's purpose is to consider and revise legislation, investigate national issues, and most crucially according to the Constitution — give the regions of Canada an equal voice in Parliament. Long regarded by many Canadians as a place of unfair patronage and privilege, the Senate is a controversial institution; an unresolved debate continues about whether it should be reformed into an elected body accountable to the voters, or abolished.

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Charlottetown Conference

The Charlottetown Conference of September 1864 set Confederation in motion. The meeting brought together delegates from New Brunswick, Nova Scotia and Prince Edward Island to discuss the union of their three provinces.

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Charlottetown Accord

The Charlottetown Accord of 1992 was a failed, joint attempt by the government of Prime Minister Brian Mulroney and all 10 provincial premiers to amend the Canadian Constitution, specifically to obtain Quebec's consent to the Constitution Act of 1982.

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Rights of Indigenous Peoples in Canada

It is difficult to make generalizations 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.

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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.

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Meech Lake Accord

In 1987 the Progressive Conservative government of Prime Minister Brian Mulroney attempted to win Québec's consent to the revised Canadian Constitution — following the Québec government's rejection of it in 1981.

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Indian Act

The Indian Act is the principal statute through which the federal government administers Indian status, local First Nations governments and the management of reserve land and communal monies. It was first introduced in 1876 as a consolidation of previous colonial ordinances that aimed to eradicate 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 particularly discriminatory sections. The Indian Act pertains only to First Nations peoples, not to the Métis or Inuit. It is an evolving, paradoxical document that has enabled trauma, human rights violations and social and cultural disruption for generations of First Nations peoples. The Act also outlines governmental obligations to First Nations peoples, and determines “status” — a legal recognition of a person’s First Nations heritage, which affords certain rights such as the right to live on reserve land.

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Administrative Law in Canada

Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens, the other two being constitutional law and criminal law. Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. A strong administrative law system helps maintain public confidence in government authority.

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War Measures Act

The War Measures Act was a federal law adopted by Parliament on 22 August 1914, after the outbreak of the First World War. It gave broad powers to the Canadian government to maintain security and order during war or insurrection. It was used, controversially, to suspend the civil liberties of people in Canada who were considered “enemy aliens” during both world wars, leading to mass arrest and detention without charge or trial. The Act was also invoked during the 1970 October Crisis in Quebec. It has since been replaced by the more limited Emergencies Act.