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Article

Canada–United States Safe Third Country Agreement

The Canada‒United States Safe Third Country Agreement (STCA) sets out the rules of refugee/asylum claims between Canada and the United States. This agreement stipulates that a refugee must claim asylum in the first country in which they arrive, either Canada or the US, and precludes their entry into the neighbouring country unless they qualify for an exemption. Several challenges have been raised to the agreement, particularly since July 2017 due to concerns about human rights protections in the US after the election of President Donald Trump and his executive orders on immigration.  In July of 2020, a Canadian federal court judge ruled that the STCA is in violation of Canada’s Charter of Rights and Freedoms, and therefore unconstitutional.

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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 It was repealed 28 June 1864.

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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).

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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.

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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.

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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.

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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.

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Canada's Opioid Crisis

Overdoses from a class of painkiller drugs called opioids are claiming the lives of thousands of Canadians from all walks of life. The death count is the result of an escalating public health crisis: an epidemic of opioid addiction. The crisis is made deadlier by an influx of illicit fentanyl and chemically similar drugs, but it can be traced to the medical over-prescribing of opioids, including oxycodone, fentanyl and morphine.

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Canadian Citizenship

Canadian citizenship was first created in 1947 by the Canadian Citizenship Act. Today's version of the law says both Canadian-born and naturalized citizens are equally entitled to the rights of a citizen, and subject to the duties of a citizen. In 2014, the Strengthening Canadian Citizenship Act brought about the first significant amendments to the Citizenship Act since 1977. However, these changes were repealed or amended by legislation passed in 2017.

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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.

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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.

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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).

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The White Paper, 1969

The 1969 White Paper (formally known as the “Statement of the Government of Canada on Indian Policy, 1969”) was a Canadian government policy paper that attempted to abolish previous legal documents relating to Indigenous peoples in Canada, including the Indian Act and  treaties. It also aimed to assimilate all “Indian” peoples under the Canadian state. The 1969 White Paper was proposed by Minister of Indian Affairs and Northern Development  Jean Chrétien and Prime Minister Pierre Elliott Trudeau to widespread criticism. The policy proposed to eliminate Indian Status, incorporate First Nations under provincial government responsibilities, and impose land decisions, notions of private property and economic agendas on Indigenous communities. The backlash to the 1969 White Paper was monumental, leading not only to its withdrawal in 1970, but to a wave of activism, academic work and court decisions over the next five decades. (See also Indigenous Political Organization and Activism in Canadaand Indigenous Peoples in Canadian Law.)

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Oka Crisis

The Oka Crisis, also known as the Kanesatake Resistance or the Mohawk Resistance at Kanesatake, was a 78-day standoff (11 July–26 September 1990) between Mohawk protesters, Quebec police, the RCMP and the Canadian Army. It took place in the community of Kanesatake, near the Town of Oka, on the north shore of Montreal. Related protests and violence occurred in the Kahnawake reserve, to the south of Montreal. The crisis was sparked by the proposed expansion of a golf course and the development of townhouses on disputed land in Kanesatake that included a Mohawk burial ground. Tensions were high, particularly after the death of Corporal Marcel Lemay, a Sûreté du Québec police officer. Eventually, the army was called in and the protest ended. The golf course expansion was cancelled and the land was purchased by the federal government. However, it did not establish the land as a reserve, and there has since been no organized transfer of the land to the Mohawks of Kanesatake.

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Monarchism

Monarchism is support for Canada’s system of government as a constitutional monarchy. Monarchism is distinct from royalism in that it is support for monarchy as a political institution, rather than for an individual monarch. Monarchism played a key role in the development of Canada and continues to be part of political and popular discourse.

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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.