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Article

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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Province of Canada (1841-67)

In 1841, Britain united the colonies of Upper and Lower Canada into the Province of Canada. This was in response to the violent rebellions of 1837–38. The Durham Report (1839) recommended the guidelines to create the new colony with the Act of Union. The Province of Canada was made up of Canada West (formerly Upper Canada) and Canada East (formerly Lower Canada). The two regions were governed jointly until the Province was dissolved to make way for Confederation in 1867. Canada West then became Ontario and Canada East became Quebec. The Province of Canada was a 26-year experiment in anglophone-francophone political cooperation. During this time, responsible government came to British North America and expanded trade and commerce brought wealth to the region. Leaders such as Sir John A. Macdonald, Sir George-Étienne Cartier and George Brown emerged and Confederation was born.

(This is the full-length entry about the Province of Canada. For a plain language summary, please see Province of Canada (Plain Language Summary).)

Article

Quebec Resolutions

The Quebec Resolutions are a list of 72 policy directives that formed the basis of Canada’s Constitution. They emerged from the Charlottetown Conference (1–9 September 1864) and the Quebec Conference (10–27 October 1864). Those meetings were held by politicians from the five British North American colonies to work out the details of how they would unite into a single country. (See also: Confederation.) The Quebec Resolutions were finalized at the London Conference (4 December 1866 to March 1867). They formed the basis of the British North America Act — the first building block of Canada’s Constitution — which established the Dominion of Canada on 1 July 1867.

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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.

(This is the full-length entry about Confederation. For a plain language summary, please see Confederation (Plain Language Summary).)

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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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New Brunswick and Confederation

New Brunswick became one of the founding members of the Dominion of Canada on 1 July 1867 when it joined Nova Scotia, Ontario and Quebec in Confederation. Arthur Hamilton Gordon, the lieutenant-governor of New Brunswick, helped organize the Charlottetown Conference (1–9 September 1864), where a federal union of British North American colonies was first discussed. By 1865, however, a majority in the New Brunswick legislature had swung against it. Albert Smith defeated pro-Confederation premier Samuel Tilley in a snap election that year. But the Fenian Raids in 1866 fueled New Brunswick’s sense of insecurity and increased support for Confederation. After Tilley’s party won another election in 1866, the legislature voted 38–1 in favour of Confederation.

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Group of Seven

The Group of Seven, also known as the Algonquin School, was a school of landscape painters. It was founded in 1920 as an organization of self-proclaimed modern artists and disbanded in 1933. The group presented the dense, northern boreal forest of the Canadian Shield as a transcendent, spiritual force. Their depictions of Canada’s rugged wind-swept forest panoramas were eventually equated with a romanticized notion of Canadian strength and independence. Their works were noted for their bright colours, tactile paint handling, and simple yet dynamic forms. In addition to Tom ThomsonDavid Milne and Emily Carr, the Group of Seven were the most important Canadian artists of the early 20th century. Their influence is seen in artists as diverse as abstract painter Jack Bush, the Painters Eleven, and Scottish painter Peter Doig.

Article

Run

Eric Walters’s novel Run (2003) is a fictionalized account of Terry Fox’s Marathon of Hope. The book follows troubled youth Winston Macdonald, who is inspired to stop running away from his problems after he befriends Fox in 1980. Run is both the first book for young adults and the first fictionalized book about Terry Fox endorsed by the Fox family. Author royalties from the sales of Run are donated to the Terry Fox Foundation. The novel’s audio version received the 2004 Torgi Award for Books in Alternative Formats.

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War of 1812

The War of 1812 (which lasted from 1812 to 1814) was a military conflict between the United States and Great Britain. As a colony of Great Britain, Canada was swept up in the War of 1812 and was invaded several times by the Americans. The war was fought in Upper Canada, Lower Canada, on the Great Lakes and the Atlantic, and in the United States. The peace treaty of Ghent (1814), which ended the war, largely returned the status quo. However, in Canada, the war contributed to a growing sense of national identity, including the idea that civilian soldiers were largely responsible for repelling the American invaders. In contrast, the First Nations allies of the British and Canadian cause suffered much because of the war; not only had they lost many warriors (including the great Tecumseh), they also lost any hope of halting American expansion in the west, and their contributions were quickly forgotten by their British and Canadian allies (see First Nations and Métis Peoples in the War of 1812).

Editorial

Editorial: Newfoundland’s Contribution to the Patriation of the Constitution

In the decades since 1982, politicians and the media have recounted the same story about the patriation of Canada’s constitution and the adoption of the Charter of Rights and Freedoms. Most of the credit in this version goes to Prime Minister Pierre Trudeau. Three others are credited with breaking an impasse in the 1981 negotiations: federal justice minister Jean Chrétien, Saskatchewan attorney general Roy Romanow, and Ontario attorney general Roy McMurtry. But in his memoirs, former Newfoundland PremierBrian Peckford argues that the key intervention in the patriation process came from Peckford and the members of the Newfoundland delegation.

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Lower Canada

Lower Canada was a British colony from 1791 to 1840. Its geographical boundaries comprised the southern portion of present-day Quebec. In 1791, Britain divided the Province of Quebec into Upper Canada and Lower Canada. (See: Constitutional Act 1791.) Britain had followed a similar policy of territorial division twice before. Prince Edward Island was detached from Nova Scotia in 1769. The provinces of Cape Breton and New Brunswick were created in 1784 in response to the wave of Loyalist immigration (which also occurred in Quebec). In 1841, Upper Canada and Lower Canada were renamed Canada West and Canada East, respectively. They were united as the single colony of the Province of Canada.

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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.”

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.

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Nova Scotia and Confederation

Nova Scotia was one of the four founding provinces of Canada. It joined New Brunswick,  Ontario and Quebec in Confederation on 1 July 1867. However, this was mainly because Confederation delivered the Intercolonial Railway to the Maritimes, and because of the efforts of Sir Charles Tupper. His government passed approval for Confederation in the colonial legislature despite popular opposition. (See Confederation’s Opponents.) Confederation was met with mass protests in the colony. Joseph Howe led a two-year effort to repeal the union. (See Repeal Movement.) But Howe finally decided he could do more to help his province by working inside the federal government. He joined the federal Cabinet in 1869.

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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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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.

This is the full-length entry about the Royal Proclamation of 1763. For a plain language summary, please see Royal Proclamation of 1763 (Plain Language Summary).

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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.