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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.

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Lobbying in Canada

Lobbying is the process through which individuals and groups articulate their interests to federal, provincial or municipal governments to influence public policy or government decision-making. Lobbyists may be paid third parties who communicate on behalf of their clients; or they may be employees of a corporation or organization seeking to influence the government. Because of the possibility for conflict of interest, lobbying is the subject of much public scrutiny. At the federal level, lobbying activities are governed by the Lobbying Act. Provinces and municipalities have their own lobbying laws and by-laws.

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Judiciary in Canada

The judiciary is, collectively, the judges of the courts of law. It is the branch of government in which judicial power is vested. It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada. They are responsible for adjudicating personal, sensitive, delicate, and emotional disputes; and for resolving major social, economic, and political issues that arise within a legal context. As such, the judiciary helps mold the social fabric governing daily life.

Article

Political Party Financing in Canada

The financial activities of political parties in Canada were largely unregulated until the Election Expenses Act was passed in 1974. Canada now has an extensive regime regulating federal political party financing; both during and outside of election periods. Such regulation encourages greater transparency of political party activities. It also ensures a fair electoral arena that limits the advantages of those with more money. Political parties and candidates are funded both privately and publicly. Election finance laws govern how parties and candidates are funded; as well as the ways in which they can spend money. (See also Canadian Electoral System.)

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Youth Criminal Justice Act

The Youth Criminal Justice Act, which was proclaimed in force on 1 April 2003, replaces the Young Offenders Act. It applies to a young person, or youth, who is or who appears to be 12 years old or older, but who is less than 18 years old and who is alleged to have committed an offence as a youth.

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Court System of Canada

The court system of Canada forms the judicial branch of the federal, provincial and territorial governments. It is independent of the legislative and executive branches of government. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts. It gives the provinces exclusive power over the administration of justice in each province. Canada has four levels of court: the Supreme Court of Canada; the Federal Court and the Federal Court of Appeal, as well as provincial and territorial courts of appeal; provincial and territorial superior courts; and provincial and territorial (lower) courts. Each type of court has the authority to decide specific types of cases.

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General Agreement on Tariffs and Trade (GATT)

The General Agreement on Tariffs and Trade (GATT) was an international trade agreement. It was signed by 23 nations, including Canada, in 1947 and came into effect on 1 January 1948. It was refined over eight rounds of negotiations, which led to the creation of the World Trade Organization (WTO). It replaced the GATT on 1 January 1995. The GATT was focused on trade in goods. It aimed to liberalize trade by reducing tariffs and removing quotas among member countries. Each member of the GATT was expected to open its markets equally to other member nations, removing trade discrimination. The agreements negotiated through GATT reduced average tariffs on industrial goods from 40 per cent (1947) to less than five per cent (1993). It was an early step towards economic globalization.

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Indigenous Political Organization and Activism in Canada

Political activism among Indigenous people in Canada since the late 19th century has largely reflected attempts to organize political associations beyond the band level to pursue common interests. In the wake of persistent criticism of the federal government’s proposed “White Paper” policy (1969), major Indigenous organizations, most notably the Assembly of First Nations, gained political recognition and became established players on the national scene. These organizations were joined in 2012 by the national movement Idle No More.

This article describes Indigenous political organization as it relates to Canadian federal, provincial or territorial political bodies, not the political structures of specific Indigenous communities, which often predate interaction with Europeans and subsequent colonial infrastructure.

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Ministère de la Marine

The Ministère de la Marine is the section of the French government that administered Canada during its last 100 years as a French colony. The Ministère de la Marine — variously described as a ministry, department, or secretariat of state — administered France’s navy, colonies and seaborne trade.

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Cabinet

In Canada’s parliamentary system of government, the cabinet is the committee of ministers that holds executive power. Cabinets are chaired by the prime minister (or in the provinces, by the premier). Ministers are typically elected politicians drawn from the party holding the most seats in the House of Commons (or the provincial legislature). Cabinets are traditionally strong, consensus-driven bodies; although some believe their influence is waning in the face of powerful prime ministers and their advisers.

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Sixties Scoop

The “Sixties Scoop” refers to the large-scale removal or “scooping” of Indigenous children from their homes, communities and families of birth through the 1960s, and their subsequent adoption into predominantly non-Indigenous, middle-class families across the United States and Canada. This experience left many adoptees with a lost sense of cultural identity. The physical and emotional separation from their birth families continues to affect adult adoptees and Indigenous communities to this day.

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Language Policy in Canada

Language policy is comprised of a body of theory, principles, laws, programs and measures designed to manage one or more languages in a country. In monolingual societies, language policy is usually concerned with promoting an approved, standardized grammar of the common language. In bilingual or multilingual societies, it is intended to manage situations in which two or more languages are in contact and/or conflict, and to enhance the use and status of certain languages over others. Language policy in Canada has been designed to manage historical relationships among multiple languages – notably FrenchEnglish and Indigenous languages - and their various communities. While it has evolved over time, Canadian language policy has not always been marked by positive or just measures.

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Quebec as a Distinct Society

The concept of “distinct society” distinguishes Quebec from English Canada.

This concept originated during the Quiet Revolution, at a time when French Canada came to no longer be seen as a single entity, but as a collection of regional francophone communities. It is found in the 1965 preliminary report of the Royal Commission on Bilingualism and Biculturalism shared by Laurendeau and Dunton. It was subsequently used on a number of occasions, notably during the negotiation of the Meech Lake Accord (1987–90). Today, the concept of “distinct society” continues to be used in debates regarding various political, social and cultural issues.

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Halibut Treaty

The Halibut Treaty of 1923 (formally the Convention for the Preservation of Halibut Fishery of the Northern Pacific Ocean) was an agreement between Canada and the United States on fishing rights in the Pacific Ocean. It was the first environmental treaty aimed at conserving an ocean fish stock. It was also the first treaty independently negotiated and signed by the Canadian government; one of several landmark events that transitioned Canada into an autonomous sovereign state. It also indicated a shift in Canada’s economic focus from Britain to the US during the 1920s, when the US passed Britain as Canada’s largest trading partner. The treaty created the International Pacific Halibut Commission, which continues in its role today.

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Bennett's New Deal

In the mid-1930s, at the height of the Great Depression, Prime Minister R.B. Bennett’s political demise seemed inevitable. He sought to reverse the tide running against his Conservative Party. In January 1935, he began a series of live radio speeches outlining a “New Deal” for Canada. He promised a more progressive taxation system; a maximum work week; a minimum wage; closer regulation of working conditions; unemployment insurance; health and accident insurance; a revised old-age pension; and agricultural support programs. But Bennett’s 11th-hour proposals were seen as too-little, too-late. He lost the 1935 election to William Lyon Mackenzie King and the Liberals.

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Internment in Canada

Internment is the forcible confinement or detention of a person during wartime. Large-scale internment operations were carried out by the Canadian government during the First World War and the Second World War. In both cases, the War Measures Act was invoked. This gave the government the authority to deny people’s civil liberties, notably habeas corpus (the right to a fair trial before detention). People were held in camps across the country. More than 8,500 people were interned during the First World War and as many as 24,000 during the Second World War — including some 12,000 Japanese Canadians.

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Royal Commission on Aboriginal Peoples

The Royal Commission on Aboriginal Peoples was a Royal Commission established in 1991 in the wake of the Oka Crisis. The commission’s report, the product of extensive research and community consultation, was a broad survey of historical and contemporary relations between Indigenous (Aboriginal) and non-Indigenous peoples in Canada. The report made several recommendations, the majority of which were not fully implemented. However, it is significant for the scope and depth of research, and remains an important document in the study of Indigenous peoples in Canada.