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Indigenous Women and the Franchise

The context for Indigenous women and the franchise has been framed by colonialism as much as by gender discrimination. Indigenous women (First NationsMétis, and Inuit) have gained the right to vote at different times in Canadian history. The process has been connected to enfranchisement — both voluntary and involuntary — which means that Indigenous women were afforded political participation and Canadian citizenship rights at the cost of Indigenous rights (see Indigenous Suffrage).

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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 are constitutional law and criminal law. (See also Rule of 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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Torts in Canada

Tort law is a cornerstone of the Canadian legal system. It provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others. Tort law is a vast area of private law. It has evolved to keep up with technology and social issues. It has been used by a growing number of victims of crime to help them seek justice against perpetrators. It has also been at the centre of high-profile Canadian cases involving the abuse of children; and the liability of governments for failing to protect citizens from contagious diseases and from defective medical devices.

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Administrative Tribunals in Canada

Administrative tribunals make decisions on behalf of federal and provincial governments when it is impractical or inappropriate for the government to do so itself. Tribunals are set up by federal or provincial legislation; this is known as “empowering legislation.” Tribunals are commonly known as commissions or boards. They make decisions about a wide variety of issues, including disputes between people or between people and the government. Tribunals may also perform regulatory or licensing functions. Their decisions may be reviewed by the courts. Because they engage in fact-finding and have the power to impact personal rights, tribunals are often seen as “quasi-judicial.”

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Provincial Government in Canada

Under Canada’s federal system, the powers of government are shared between the federal government and 10 provincial governments. The Constitution Act, 1867 granted specific jurisdiction to the provinces in 16 areas, compared to 29 for the federal government. However, provincial powers have expanded since then. Provinces can levy direct taxation and derive most of their non-tax revenue from the use of public lands and natural resources. Provincial governments in Canada are modelled on the British Westminster parliamentary tradition and reflect the principles of responsible government. They comprise an elected legislative assembly, from which a governing cabinet is selected by the premier. The lieutenant-governor assents to legislation as the representative of the Crown.

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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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Political Corruption

Political corruption may be defined as behaviour by public officials, elected or appointed, which violates social or legal norms regarding what is or is not legitimate private gain at public expense.

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Organized Crime in Canada

Organized crime is defined in the Criminal Code as a group of three or more people whose purpose is the commission of one or more serious offences that would “likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group.” Organized crime centres on illegal means of making money, such as gambling; prostitution; pornography; drug trafficking; insurance and construction fraud; illegal bankruptcy; motor vehicle theft; computer crime; and counterfeiting, among many others. The structure, sophistication and widespread nature of organized crime first became evident in the 1960s and 1970s. Some criminal organizations are based on ethnicity, such as the Italian Mafia and Chinese triads. Others are founded within certain industries (e.g., construction) or activities (e.g., biker gangs).

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Murray Treaty of Longueuil (1760)

On 5 September 1760, three days before the Capitulation of Montreal, the chief of the Huron-Wendat of Lorette, who had accompanied the retreating French army from Quebec to the Montreal region, approached General James Murray at Longueuil. A treaty of peace — known as the Murray Treaty of Longueuil or simply, the Murray Treaty — was concluded whereby the Huron-Wendat came under British protection. (See also Treaties with Indigenous Peoples in Canada.)

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Capital Punishment in Canada

In pre-Confederation Canada, hundreds of criminal offences were punishable by death. By 1865, only murder, treason and rape were still considered capital offences. In 1962, Ronald Turpin and Arthur Lucas were the last of 710 prisoners to be executed in Canada since 1859. After 1976, the death penalty was permitted only for members of the Armed Forces found guilty of cowardice, desertion, unlawful surrender, or spying for the enemy. The federal government completely abolished state executions in 1998.

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Criminal Code of Canada

Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.

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Truth and Reconciliation Commission (Plain-Language Summary)

The Truth and Reconciliation Commission (TRC) started working in 2008. It was a result of the Indian Residential Schools Settlement Agreement (IRRSA). The IRRSA recognized the suffering and trauma experienced by Indigenous students at residential schools. It also provided financial compensation (money) to the students. The TRC performed many tasks. It created a national research centre. It collected documents from churches and government. It held events where students told their stories. Also, it did research about residential schools and issued a final report. (See also Reconciliation in Canada.)

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Roncarelli v Duplessis

 In 1946, Maurice DUPLESSIS, then premier and attorney general of Qué, caused the Liquor Commission chairman to revoke the liquor licence of Frank Roncarelli, a Montréal restaurant owner, so ruining the restaurant.

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Prohibition in Canada

Prohibition in Canada came about as a result of the temperance movement. It called for moderation or total abstinence from alcohol, based on the belief that drinking was responsible for many of society’s ills. The Canada Temperance Act (Scott Act) of 1878 gave local governments the “local option” to ban the sale of alcohol. Prohibition was first enacted on a provincial basis in Prince Edward Island in 1901. It became law in the remaining provinces, as well as in Yukon and Newfoundland, during the First World War. Liquor could be legally produced in Canada (but not sold there) and legally exported out of Canadian ports. Most provincial laws were repealed in the 1920s. PEI was the last to give up the “the noble experiment” in 1948.  

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Temperance Movement in Canada

The temperance movement was an international social and political campaign of the 19th and early 20th centuries. It was based on the belief that drinking was responsible for many of society’s ills. It called for moderation or total abstinence from alcohol. This led to the legal prohibition of alcohol in many parts of Canada. The Canada Temperance Act (Scott Act) of 1878 gave local governments the “local option” to ban the sale of alcohol. In 1915 and 1916, all provinces but Quebec prohibited the sale of alcohol as a patriotic measure during the First World War. Most provincial laws were repealed in the 1920s in favour of allowing governments to control alcohol sales. Temperance societies were later criticized for distorting economic activity, and for encouraging drinking and organized crime.

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Guerin Case

The Guerin case (R. v. Guerin) resulted in a pivotal decision by the Supreme Court of Canada in 1984 about Indigenous rights. It centred on the fiduciary (guardian or trustee) responsibility of the Crown to consult openly and honestly with Indigenous peoples before making arrangements for the use of their land. (See also Duty to Consult.) For the first time, it established that the Crown has a legal responsibility to First Nations and not simply a moral one. It also recognized Aboriginal title to their land to be a sui generis (Latin for “unique”) right.