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The Indian Act

The Indian Act is the principal law through which the federal government administers Indian status, local First Nations governments and the management of reserve land and communal monies. The Indian Act does not include Métis or Inuit peoples. The Act came into power on 12 April 1876. It consolidated a number of earlier colonial laws that sought to control and assimilate Indigenous peoples into Euro-Canadian culture. The Indian Act has been amended many times over the years to do away with restrictive and oppressive laws. However, the Act has had historic and ongoing impacts on First Nations cultures, economies, politics and communities. It has also caused inter-generational trauma, particularly with regards to residential schools.

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Sparrow Case

R. v. Sparrow (1990) was the first Supreme Court of Canada case to test section 35 of the Constitution Act, 1982. Initially convicted of fishing illegally, Musqueam man Ronald Edward Sparrow was cleared by the Supreme Court and his ancestral right to fishing was upheld.

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Van der Peet Case

In the R. v. Van der Peet case (1996), the Supreme Court of Canada defined and restricted what constitutes Indigenous rights, as previously defined by the R. v. Sparrow case (1990). Criticized for narrowing the scope of Indigenous rights, the Van der Peet test — a set of criteria established by the court to prove Indigenous rights — stipulates that the Indigenous custom, practice or tradition in question must be integral to the distinctive culture of the Aboriginal group claiming the right and originate from before contact with the Europeans.

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Treaties with Indigenous Peoples in Canada

Indigenous treaties in Canada are constitutionally recognized agreements between the Crown and Indigenous peoples. Most of these agreements describe exchanges where Indigenous nations agree to share some of their interests in their ancestral lands in return for various payments and promises. On a deeper level, treaties are sometimes understood, particularly by Indigenous people, as sacred covenants between nations that establish a relationship between those for whom Canada is an ancient homeland and those whose family roots lie in other countries. Treaties therefore form the constitutional and moral basis of alliance between Indigenous peoples and Canada.

(This is the full-length entry about Treaties with Indigenous Peoples In Canada. For a plain language summary, please see Treaties with Indigenous Peoples in Canada (Plain Language Summary).

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Crawford Purchase

The Crawford Purchase of 1783 is one of the oldest land agreements between British authorities and Indigenous peoples in Upper Canada (later Ontario). It resulted in a large tract of territory along the north shore of the upper St. Lawrence River and the eastern end of Lake Ontario being opened for settlement by displaced Loyalists and Indigenous peoples who fought for and supported Britain during the American Revolution. The Crawford Purchase is one of many agreements made during the late 18th and 19th centuries, known collectively as the Upper Canada Land Surrenders. (See also Treaties with Indigenous Peoples in Canada.)

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Covenant Chain

The Covenant Chain is the name given to the complex system of alliances between the Haudenosaunee (also known as the Six Nations and Iroquois League) and Anglo-American colonies originating in the early 17th century. The first alliances were most likely between New York and the Kanyen'kehà:ka (Mohawk). These early agreements were referred to figuratively as chains because they bound multiple parties together in alliance. Today the Covenant Chain represents the long tradition of diplomatic relations in North America, and is often invoked when discussing contemporary affairs between the state and Indigenous peoples. (See also Treaties with Indigenous Peoples in Canada.)

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Williams Treaties

The Williams Treaties were signed in October and November 1923 by the governments of Canada and Ontario and by seven First Nations of the Chippewa of Lake Simcoe (Beausoleil, Georgina Island and Rama) and the Mississauga of the north shore of Lake Ontario (Alderville, Curve Lake, Hiawatha and Scugog Island). As the last historic land cession treaties in Canada, these agreements transferred over 20,000 km2 of land in south central Ontario to the Crown; in exchange, Indigenous signatories received one-time cash payments. While Chippewa and Mississauga peoples argue that the Williams Treaties also guaranteed their right to hunt and fish on the territory, the federal and provincial governments have interpreted the treaty differently, resulting in legal disputes and negotiations between the three parties about land rights. In 2018, the Williams Treaties First Nations and the Governments of Ontario and Canada came to a final agreement, settling litigation about land surrenders and harvesting rights.

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Johnson-Butler Purchase

The Johnson-Butler Purchase of 1787–88 (also known as the “Gunshot Treaty,” referring to the distance a person could hear a gunshot from the lake’s edge) is one of the earliest land agreements between representatives of the Crown and the Indigenous peoples of Upper Canada (later Ontario). It resulted in a large tract of territory along the central north shore of Lake Ontario being opened for settlement. These lands became part of the Williams Treaties of 1923. (See also Upper Canada Land Surrenders and Treaties with Indigenous Peoples in Canada.)

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Gallicanism

Gallicanism, primarily a theory about the proper relationship between church and state. In New France this relationship was governed by a web of traditions and usages that defined the status of the French church, both within the secular kingdom and within the universal church.

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Provincial Governments 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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Immigration Policy in Canada

Immigration policy is the way the government controls via laws and regulations who gets to come and settle in Canada. Since Confederation, immigration policy has been tailored to grow the population, settle the land, and provide labour and financial capital for the economy. Immigration policy also tends to reflect the racial attitudes or national security concerns of the time which has also led to discriminatory restrictions on certain migrant groups.

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Municipal Governments in Canada

Municipal governments are local elected authorities. They include citiestowns and villages, and rural (county) or metropolitan municipalities. They are created by the provinces and territories to provide services that are best managed under local control; from waste disposal and public transit to fire services, policing, community centres and libraries. A municipal government’s revenue is raised largely from property taxes and provincial grants.