Search for "Indigenous Peoples in Canada"

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John Baptist James “John the B” Marchand (Primary Source)

John “the B” Marchand from Okanagan Reserve #1 was a Bren gunner during the Second World War. He served in the infantry from 1943 to 1945. Learn more about Marchand’s time in the trenches during the Italian Campaign.

Please be advised that Memory Project primary sources may deal with personal testimony that reflect the speaker’s recollections and interpretations of events. Individual testimony does not necessarily reflect the views of the Memory Project and Historica Canada.

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Rep by Pop

Representation by population is a political system in which seats in a legislature are allocated on the basis of population. It upholds a basic principle of parliamentary democracy that all votes should be counted equally. Representation by population was a deeply divisive issue among politicians in the Province of Canada (1841–67). Nicknamed “rep by pop,” it became an important consideration in the lead up to Confederation. (See also: Representative Government; Responsible Government.)

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Chilliwack (band)

The Vancouver rock band Chilliwack produced some of the most enduring Canadian rock songs of the 1970s and early 1980s, including “Lonesome Mary,” “Fly at Night,” and “My Girl (Gone Gone Gone).” Their catchy, easygoing hooks and bright, melodic style were distinguished by the soaring falsetto and tasteful guitar playing of lead singer and principal songwriter Bill Henderson. In 18 years (1970–88), Chilliwack released 11 albums, four of which were certified platinum in Canada. They also had 19 Canadian singles. The band moved in an increasingly commercial direction through varying styles — from psychedelic, progressive and country rock to adult contemporary and pop rock. They endured multiple changes in labels and band members before achieving success in the United States. The band was inducted into the Canadian Music Hall of Fame in 2019.

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Berger Commission

In 1974, the federal government formed a royal commission to consider two proposals for natural gas pipelines in the North. Thomas Berger, a judge, led the inquiry. Over the next two years, the Berger Commission assessed the potential impacts of the proposed pipelines. Berger held formal and informal hearings. These included 45 community hearings from the Northwest Territories and Yukon to Southern Canada. His 1977 report made several recommendations. He called for further study and the settlement of Indigenous land claims. He also called for a 10-year ban on pipeline construction in the Mackenzie Valley. Berger opposed building any pipeline across the sensitive caribou habitat of the northern Yukon. The Berger Commission involved the public and included Indigenous views more than any resource-related consultation had done before in Canada.

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

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Quebec Act, 1774

The Quebec Act received royal assent on 22 June 1774. It revoked the Royal Proclamation of 1763, which had aimed to assimilate the French-Canadian population under English rule. The Quebec Act was put into effect on 1 May 1775. It was passed to gain the loyalty of the French-speaking majority of the Province of Quebec. Based on recommendations from Governors James Murray and Guy Carleton, the Act guaranteed the freedom of worship and restored French property rights. However, the Act had dire consequences for Britain’s North American empire. Considered one of the five “Intolerable Acts” by the Thirteen American Colonies, the Quebec Act was one of the direct causes of the American Revolutionary War (1775–83). It was followed by the Constitutional Act in 1791.

This is the full-length entry about the Quebec Act of 1774. For a plain language summary, please see The Quebec Act, 1774 (Plain-Language Summary).

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Same-Sex Marriage in Canada

In 2003, Ontario and British Columbia became the first two provinces to legalize same-sex marriage. The federal Civil Marriage Act came into force on 25 July 2005, making same-sex marriage legal across Canada. Canada became the fourth country to permit same-sex marriages, after the Netherlands (2000), Belgium (2003) and Spain (2005). Since then, all provinces in Canada have recognized same-sex marriages. Marriage itself falls under federal jurisdiction in Canada. But the provinces regulate the solemnization of marriage (the formal ceremony that is either civil or religious). They also grant marriage licenses. The Supreme Court has ruled that under the Charter of Rights and Freedoms, a religious official cannot be legally compelled to perform same-sex marriages if it is contrary to their religious beliefs.

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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.  

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Persons Case

The Persons Case (Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate. The case was initiated by the Famous Five, a group of prominent women activists. In 1928, the Supreme Court of Canada ruled that women were not “persons” according to the British North America Act (now called the Constitution Act, 1867). Therefore, they were ineligible for appointment to the Senate. However, the Judicial Committee of the Privy Council reversed the Court’s decision on 18 October 1929. The Persons Case enabled women to work for change in both the House of Commons and the Senate. It also meant that women could no longer be denied rights based on a narrow interpretation of the law.

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Family Compact

The term Family Compact is an epithet, or insulting nickname; it is used to describe the network of men who dominated the legislative, bureaucratic, business, religious and judicial centres of power in Upper Canada (present-day Ontario) from the early- to mid-1800s. Members of the Family Compact held largely conservative and loyalist views. They were against democratic reform and responsible government. By the mid-19th century, immigration, the union of Upper and Lower Canada, and the work of various democratic reformers had diminished the group’s power. The equivalent to the Family Compact in Lower Canada was the Château Clique.

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British Columbia and Confederation

The colony of British Columbia was founded in 1858 in response to the Fraser River Gold Rush. (See also The Fraser River Gold Rush and the Founding of British Columbia.) The colony established representative government in 1864 and merged with the colony of Vancouver Island in 1866. In May 1868, Amor De Cosmos formed the Confederation League to bring responsible government to BC and to join Confederation. In September 1868, the Confederation League passed 37 resolutions outlining the terms for a union with the Dominion of Canada. The terms were passed by both the BC assembly and the federal Parliament in 1871. The colony joined Canada as the country’s sixth province on 20 July 1871. The threat of American annexation, embodied by the Alaska purchase of 1867, and the promise of a railway linking BC to the rest of Canada, were decisive factors.

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Distribution of Powers

Distribution of powers refers to the division of legislative powers and responsibilities between the federal and provincial governments. The areas of distribution were first outlined at the Quebec Conference in 1864 (see Quebec Resolutions) and are enshrined in the Constitution Act, 1867. They have been a source of debate and tension between the provinces and the federal government for generations. (See Federal-Provincial Relations.) However, this part of the Constitution has remained remarkably unchanged since Confederation.

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Colored Hockey League

The Colored 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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Judiciary in Canada

The judiciary is, collectively, the judges of the courts of law. It is the branch of government in which judicial power is vested. It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada. They are responsible for adjudicating personal, sensitive, delicate, and emotional disputes; and for resolving major social, economic, and political issues that arise within a legal context. As such, the judiciary helps mold the social fabric governing daily life.

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Constitution of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one document; it is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. In the words of the Supreme Court of Canada, “Constitutional convention plus constitutional law equal the total constitution of the country.” The Constitution provides Canada with the legal structure for a stable, democratic government.

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Court System of Canada

The court system of Canada forms the judicial branch of the federal, provincial and territorial governments. It is independent of the legislative and executive branches of government. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts. It gives the provinces exclusive power over the administration of justice in each province. Canada has four levels of court: the Supreme Court of Canada; the Federal Court and the Federal Court of Appeal, as well as provincial and territorial courts of appeal; provincial and territorial superior courts; and provincial and territorial (lower) courts. Each type of court has the authority to decide specific types of cases.

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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.

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Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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The Great Depression in Canada

The Great Depression of the early 1930s was a worldwide social and economic shock. Few countries were affected as severely as Canada. Millions of Canadians were left unemployed, hungry and often homeless. The decade became known as the Dirty Thirties due to a crippling droughtin the Prairies, as well as Canada’s dependence on raw material and farm exports. Widespread losses of jobs and savings transformed the country. The Depression triggered the birth of social welfare and the rise of populist political movements. It also led the government to take a more activist role in the economy.

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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.

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Peace, Order and Good Government

“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”

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