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Article

Calder Case

The Calder case (1973) — named for politician and Nisga’a chief Frank Calder, who brought the case before the courts — reviewed the existence of Aboriginal title (i.e., ownership) claimed over lands historically occupied by the Nisga’a peoples of northwestern British Columbia. While the case was lost, the Supreme Court of Canada’s ruling nevertheless recognized for the first time that Aboriginal title has a place in Canadian law. The Calder case (also known as Calder et al. v. Attorney General of British Columbia) is considered the foundation for the Nisga’a Treaty in 2000 — the first modern land claim in British Columbia that gave the Nisga’a people self-government.

Article

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 Though it is still in effect, the Bill of Rights was superseded by the Canadian Charter of Rights and Freedoms in 1982.

Article

Fugitive Slave Act of 1850

The Fugitive Slave Act of 1850 was enacted by the United States Congress on 18 September 1850. It extended the reach of the institution of slavery into the free Northern states, stating that refugees from enslavement living there could be returned to enslavement in the South once captured. The Act led thousands of freedom-seekers to take refuge in Canada. It was repealed 28 June 1864.

Article

Canada and the Responsibility to Protect (R2P)

The Responsibility to Protect (R2P) is a non-binding political commitment made by United Nations Member States to protect populations from genocide, crimes against humanity, ethnic cleansing and war crimes. Canadian leadership was instrumental in the establishment of the International Commission on Intervention and State Sovereignty (ICISS) in 2000, which led to the development and eventual adoption of R2P at the 2005 UN World Summit (see also Canada and Peacekeeping).

Article

Marshall Case

The Marshall case is a landmark ruling in Indigenous treaty rights in Canada. The case centres on Donald Marshall Jr., a Mi’kmaq man from Membertou, Nova Scotia. In August 1993, Marshall caught and sold 210 kg of eel with an illegal net and without a licence during closed-season times. He was arrested after being charged under the federal Fisheries Act and the Maritime Provinces Fishery Regulations. In Marshall’s court case, R. v. Marshall, he was found guilty on all three charges in provincial court (1996) and appeals court (1997). The Supreme Court of Canada reversed Marshall’s convictions in September 1999. The Supreme Court recognized the hunting and fishing rights promised in the Peace and Friendship Treaties. These treaties were signed between the British and the Mi’kmaq, Wolastoqiyik and Peskotomuhkati in 1760–61.

Article

Ukrainian Internment in Canada

Canada’s first national internment operations took place during the First World War, between 1914 and 1920. More than 8,500 men, along with some women and children, were interned by the Canadian government, which acted under the authority of the War Measures Act. Most internees were recent immigrants from the Austro-Hungarian, German and Ottoman empires, and mainly from the western Ukrainian regions of Galicia and Bukovyna. Some were Canadian-born or naturalized British subjects. They were held in 24 receiving stations and internment camps across the country — from Nanaimo, BC, to Halifax, Nova Scotia. Many were used as labour in the country’s frontier wilderness. Personal wealth and property were confiscated and much of it was never returned.

Article

Liberal Party

The Liberal Party has dominated federal politics for much of Canada’s history, using the formula for success of straddling the political center developed under the leadership of Sir Wilfrid Laurier. Liberals have formed numerous governments and provided Canada with 10 prime ministers, but the party has also experienced defeat and internal divisions. In the election of October 2015, the party rose from third to first place in the House of Commons, winning a majority government under leader Justin Trudeau. The Liberals won a minority government in the 2019 election.

Article

Homicide

International homicide statistics are generally unreliable and always outdated, but Canada usually ranks at the lower end among similar nations. In 1996, for example, Canada's rate of 2.1 per 100 000 population ranked above Japan (1.0), Sweden (1.1) and England (1.

Article

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.

Article

Property Law

Property, in the legal sense, can mean real property in the form of land and buildings, or personal, movable property. Property law — whether under the common law in most of Canada, or the Civil Code in Quebec — deals with a wide range of rights and obligations owing to individuals and governments, and has evolved enormously, particularly in fairness to women, since the 19th Century.

Article

Commission of Inquiry on the Position of the French Language and on Language Rights in Québec (Gendron Commission)

The Commission of Inquiry on the Position of the French Language and on Language Rights in Québec (1969–1973) is a royal inquiry commission set up by the government under Jean-Jacques Bertrand. Noting the inequality between the English and French languages and the federal state’s hesitancy to take measures to encourage the independence and general development of the French Canadian population, the Gendron Commission elaborated a series of recommendations which led to the adoption of the Language Acts in 1974 and 1977 (see Quebec Language Policy).

Article

Prorogation in Canada

A prorogation is a suspension of Parliament. All parliamentary activity is stopped, but the government remains in power and is not dissolved. Every session of Parliament begins with a summons and ends with prorogation; both are issued by the governor general (or lieutenant-governor at the provincial level) at the government’s request. Throughout Canadian history, governments have at times used prorogation to their own advantage. The main purpose of prorogation is to wipe clean the Order Paper of old or existing business and to set a new legislative agenda. All unfinished business at the end of a session dies on the Order Paper. There are procedures in place to reinstate previous activities in a new session, which begins with a Speech from the Throne.

Article

Genocide

Genocide is the intentional destruction of a particular group through killing, serious physical or mental harm, preventing births and/or forcibly transferring children to another group. The Canadian government has formally recognized five instances of genocide abroad: the Armenian genocide, the Holodomor, the Holocaust, the Rwandan genocide and the ethnic cleansing in Bosnia. Within Canada, some historians, legal scholars and activists have claimed that the historical, intergenerational and present treatment of Indigenous peoples are acts of genocide.

Article

Inuit High Arctic Relocations in Canada

In 1953 and 1955, the Royal Canadian Mounted Police, acting as representatives of the Department of Resources and Development, moved approximately 92 Inuit from Inukjuak, formerly called Port Harrison, in Northern Quebec, and Mittimatalik (Pond Inlet), in what is now Nunavut, to settle two locations on the High Arctic islands. It has been argued that the Government of Canada ordered the relocations to establish Canadian sovereignty in the Arctic, and proposed to Inuit the move, promising improved living conditions. The Inuit were assured plentiful wildlife, but soon discovered that they had been misled, and endured hardships. The effects have lingered for generations. The Inuit High Arctic relocations are often referred to as a “dark chapter” in Canadian history, and an example of how the federal government forced changes that fundamentally affected (and continue to affect) Inuit lives.

Article

Project Surname

In 1970, the federal government undertook a program, known as Project Surname, to assign last names to Inuit in northern Canada.

Editorial

Editorial: The Statute of Westminster, Canada's Declaration of Independence

In the fall of 1929, Canada’s Minister of Justice, Ernest Lapointe, travelled to England. He took with him Dr. Oscar Skelton — the “elder statesman” of the Canadian civil service, as William Lyon Mackenzie Kingonce described him. When Lapointe and Skelton were done their negotiations, they had confirmed that Canada would have its independence from the British Empire.