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Article

Canada’s Cold War Purge of LGBTQ from Public Service

Between the 1950s and the 1990s, the Canadian government responded to national security concerns generated by Cold War tensions with the Soviet Union by spying on, exposing and removing suspected LGBTQ individuals from the federal public service and the Canadian Armed Forces. They were cast as social and political subversives and seen as targets for blackmail by communist regimes seeking classified information. These characterizations were justified by arguments that people who engaged in same-sex relations suffered from a “character weakness” and had something to hide because their sexuality was considered a taboo and, under certain circumstances, was illegal. As a result, the RCMP investigated large numbers of people. Many of them were fired, demoted or forced to resign — even if they had no access to security information. These measures were kept out of public view to prevent scandal and to keep counter-espionage operations under wraps. In 2017, the federal government issued an official apology for its discriminatory actions and policies, along with a $145-million compensation package.

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.”

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.

Article

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.  

Article

Corridart (1976)

Corridart dans la rue Sherbrooke was an exhibit of installation artworks organized by Melvin Charney and commissioned for the 1976 Olympic Summer Games in Montreal. The exhibit stretched for several kilometres along Sherbrooke Street. It comprised 16 major installations, about 80 minor installations, and several small performance venues and related projects. It was funded by the Quebec culture ministry and was intended as an international showcase for Quebec artists. But roughly a week after it was unveiled, Montreal mayor Jean Drapeau had the exhibit destroyed on the grounds that it was obscene. Most of the artists involved did not recover their works. Drapeau never apologized and subsequent legal actions dragged on for more than a decade. Given the size, scope and budget of the exhibit, the dismantling of Corridart might be the single largest example of arts censorship in Canadian history.

Article

Enslavement of Indigenous People in Canada

To a tremendous extent, the enslavement of Indigenous peoples defines slavery in Canada. Fully two-thirds of the slaves in the colony of New France were Indigenous. After 1750, the number of Indigenous slaves brought into French Canada began to decline. When slavery was abolished in British colonies in 1834, Black slaves far outnumbered Indigenous slaves. (See also Black Enslavement in Canada.) The enslavement of Indigenous peoples is part of a dark legacy of colonization that has had implications on generations of Indigenous peoples in Canada and throughout North America.

Article

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.”

Article

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.

Macleans

Parrott's Killer Convicted

This article was originally published in Maclean’s magazine on April 26, 1999. Partner content is not updated.

The porch at Peter and Lesley Parrott's farm northwest of Toronto overlooks rolling hills, a lawn of scattered daffodils and a heart-shaped flower bed adorned by a weeping crab-apple tree. The tree was planted on Sept. 28, 1995 - what would have been their daughter Alison's 21st birthday.

Article

Jordan's Principle

Jordan’s Principle is a child-first principle that ensures First Nations children can access the same public services as other children in Canada. Jordan’s Principle is named for Jordan River Anderson, a young Cree boy who died at the age of five after waiting for home-based care that was approved when he was two but never arrived because of a financial dispute between the federal and provincial governments. Jordan’s Principle was put in place to ensure a tragedy like this never happens again.

Macleans

Hurricane Carter Saga

This article was originally published in Maclean’s magazine on December 6, 1999. Partner content is not updated.

He was down for the count. Rubin (Hurricane) Carter had been in prison for 13 years, serving a life sentence for a triple murder he did not commit - a brutal slaying at a bar in Paterson, N.J., in 1966.

Article

Quarantine Act

Canada adopted quarantine legislation in 1872, five years after Confederation. It was replaced by the current Quarantine Act, which was passed by the Parliament of Canada and received royal assent in 2005. The act gives sweeping powers to the federal health minister to prevent the introduction and spread of communicable diseases. These powers can include health screenings, the creation of quarantine facilities and mandatory isolation orders. The Quarantine Act was introduced in the wake of the severe acute respiratory syndrome (SARS) crisis of 2003. It was invoked in March 2020 in response to the COVID-19 pandemic.

Macleans

Joudrie Not Guilty

This article was originally published in Maclean’s magazine on May 20, 1996. Partner content is not updated.

It was nearly 48 hours since the jury had begun its deliberations - and that followed more than two weeks of complex, emotion-packed testimony. And so when it finally came, the denouement of Dorothy Joudrie's attempted murder trial in Calgary late last week seemed all the more sudden.

Macleans

Lamaze Drug Case

This article was originally published in Maclean’s magazine on October 2, 2000. Partner content is not updated.

Eric Lamaze walks into his Toronto lawyer's boardroom looking suntanned and refreshed. Amidst the onslaught of probing questions on his drug use and expulsion from the Canadian Olympic equestrian team, the 32-year-old rider speaks calmly - even as he rocks nervously in a chair.

Macleans

Morin Inquiry Revelations

This article was originally published in Maclean’s magazine on July 1, 1997. Partner content is not updated.

Ken Jessop leaned forward in the witness stand, stared across the courtroom at the man he once fervently believed had killed his sister - and apologized. For Jessop and Guy Paul Morin, that public admission was a cathartic moment in the grim legal odyssey that began on Oct.

Macleans

Gay Rights Bill Passes

This article was originally published in Maclean’s magazine on May 13, 1996. Partner content is not updated.

One year ago this week, Chris Phibbs and Chris Higgins, lesbian partners for seven years, hosted a celebration at their Toronto home. "There were flowers, telegrams, balloons," recalls Phibbs. "It was as much fun as a family has ever had.