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Notwithstanding Clause

Section 33 of the Canadian Charter of Rights and Freedoms is known as the notwithstanding clause. Also known as the override clause, it is part of the Constitution of Canada. The clause allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. These overrides are subject to renewal after five years. Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government has never invoked the clause.

Macleans

EgyptAir Crash Mystery

Nothing special united the 217 people aboard EgyptAir's ill-fated flight 990. There were babies, teenagers and senior citizens; newlyweds and old married couples; doctors, pharmacists, journalists and lawyers; Christians, Jews and Muslims.

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Famous Five

Alberta’s “Famous Five” were petitioners in the groundbreaking Persons Case. The case was brought before the Supreme Court of Canada in 1927. It was decided in 1929 by the Judicial Committee of the Privy Council, Canada’s highest appeals court at the time. The group was led by judge Emily Murphy. It also included  Henrietta EdwardsNellie McClungLouise McKinney and Irene Parlby. Together, the five women had many years of active work in various campaigns for women’s rights dating back to the 1880s and 1890s. They enjoyed a national — and in the case of McClung, an international — reputation among reformers.

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Indigenous Title and the War of 1812

In the first decade of the 19th century, relations between Great Britain and the United States deteriorated, primarily due to the widening influence of the Napoleonic Wars. At the centre of this movement, two Shawnee brothers implored Indigenous peoples to unite in order to defend their dwindling lands against the growing incursions of Anglo-American settlers and the United States government. The promise of an Indigenous state never came to fruition. After the War of 1812, the United States and Britain found it more advantageous to ignore Aboriginal title.

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Marriage in Canada

Marriage remains one of the most important social institutions in Canada. It has undergone profound changes since the 1960s. The marriage rate is in decline and the traditional idea of a family is being transformed. After the turn of the millennium, the marriage rate fell to 4.7 marriages per 1,000 people (compared to 10.9 in the 1940s). Married couples are still the predominant family structure. But between 2001 and 2016, the number of common-law couples rose 51.4 per cent; more than five times the increase for married couples over the same period. The definition of what constitutes a married couple also changed in 2005 with the legalization of same-sex marriage. In 2016, 65.8 per cent of Canadian families were headed by married couples; down from 70.5 per cent in 2001. Marriage falls under federal jurisdiction, but the provinces regulate marriage ceremonies and grant marriage licences.

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London Conference

From 4 December 1866 to March 1867, politicians from the Province of Canada, Nova Scotia and New Brunswick met with delegates of the British government in London. This was the last of three conferences — after the Charlottetown Conference and Quebec Conference in 1864 — that were held to determine the constitutional details of Confederation. The Quebec Resolutions — 72 points that had been agreed upon in Quebec City — were reviewed and amended. They formed the basis of the British North America Act. It was passed by the British Parliament and received Queen Victoria’s Royal Assent on 29 March 1867.

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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.”

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Chinese Head Tax in Canada

The Chinese head tax was enacted to restrict immigration after Chinese labour was no longer needed to build the Canadian Pacific Railway. Between 1885 and 1923, Chinese immigrants had to pay a head tax to enter Canada. The tax was levied under the Chinese Immigration Act (1885). It was the first legislation in Canadian history to exclude immigration on the basis of ethnic background. With few exceptions, Chinese people had to pay at least $50 to come to Canada. The tax was later raised to $100, then to $500. During the 38 years the tax was in effect, around 82,000 Chinese immigrants paid nearly $23 million in tax. The head tax was removed with the passing of the Chinese Immigration Act in 1923. Also known as the Chinese Exclusion Act, it banned all Chinese immigrants until its repeal in 1947. In 2006, the federal government apologized for the head tax and its other racist immigration policies targeting Chinese people.

This is the full-length entry about the Chinese Head Tax. For a plain-language summary, please see Chinese Head Tax in Canada (Plain-Language Summary).

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Federalism in Canada

Federalism is a political system in which government power and responsibility is divided between a federal legislature and state or provincial legislatures. A true federation, in the modern sense, is a state in which the smaller parts are not sovereign and cannot legally secede. In practice, Canadian federalism has swung between the extremes of centralizing control and decentralizing it. The federal government has jurisdiction over the entire country. Each provincial government has jurisdiction over its portion of the population and region. Both levels of government get their authority from Canada’s written Constitution; but it includes features that are incompatible with a strict approach to federalism. Canadian federalism has been tested throughout the country’s history. It remains a subject of great debate.

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Indigenous Women and the Franchise

The context for Indigenous women and the franchise has been framed by colonialism as much as by gender discrimination. Indigenous women (First NationsMétis, and Inuit) have gained the right to vote at different times in Canadian history. The process has been connected to enfranchisement — both voluntary and involuntary — which means that Indigenous women were afforded political participation and Canadian citizenship rights at the cost of Indigenous rights (see Indigenous Suffrage).

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Canadian Arctic Sovereignty

Arctic sovereignty is a key part of Canada’s history and future. The country has 162,000 km of Arctic coastline. Forty per cent of Canada’s landmass is in its three northern territories. Sovereignty over the area has become a national priority for Canadian governments in the 21st century. There has been growing international interest in the Arctic due to resource development, climate change, control of the Northwest Passage and access to transportation routes. As Prime Minister Stephen Harper said in 2008, “The geopolitical importance of the Arctic and Canada’s interests in it have never been greater.”

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Monetary Policy

Monetary policy refers to government measures taken to affect financial markets and credit conditions, for the purpose of influencing the behaviour of the economy. In Canada, monetary policy is the responsibility of the Bank of Canada, a federal crown corporation that implements its decisions through manipulation of the money supply.

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Council of the Federation (Canada's Premiers)

The Council of the Federation (COF, also known as “Canada’s Premiers”) is the organization which supports top-level provincial-territorial (PT) relations in Canada. It was founded in 2003 as a formalization of the Annual Premiers’ Conference, which had occurred annually from 1960 to 2003. Although frequently focused on the federal government, COF also serves as an increasingly important forum for provincial-territorial relations (separate from the federal government) in Canada.

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The Conquest of New France

The Conquest (La Conquête) is a term used to describe the acquisition of Canada by Great Britain during the Seven Years’ War. It also refers to the resulting conditions experienced by Canada’s 60,000 to 70,000 French-speaking inhabitants and numerous Indigenous groups. French forces at Quebec City surrendered to British forces on 18 September 1759, a few days after the crucial Battle of the Plains of Abraham. French resistance ended in 1760 with the capitulation of Montreal. In 1763, the Treaty of Paris surrendered New France to Britain. The Royal Proclamation of 1763 introduced assimilative policies that ultimately failed. They were replaced by the provisions of the Quebec Act of 1774. Although it helped spark the American Revolutionary War (1775–83), the Act also granted Canadians enviable conditions that resulted in generations of relative stability.

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The American Response to the Canadian Rebellions of 1837–38

By December 1837 and January 1838, rebels from Upper and Lower Canada had suffered heavy defeats at the hands of British and Loyalist forces. (See: Rebellion in Lower Canada; Rebellion in Upper Canada.) They fled to the United States to seek financial and military assistance. The American public was aware that there had been armed conflicts in the Canadas. Many were even initially supportive. However, the presence of Canadian rebels on American soil forced many to question American involvement. The growing tensions with Great Britain over the Caroline Affair complicated matters. The creation of the Republic of Texas and the fight over the abolition of slavery were also factors. In January 1838, US President Martin Van Buren took steps to ensure America’s neutrality in the Canadian rebellions.

Macleans

Fetal Rights Issue Raised

This article was originally published in Maclean’s magazine on August 19, 1996. Partner content is not updated.

When Venus Carter realized she was pregnant with her fourth child, she knew it was time to confront her 15-year addiction to crack cocaine. Her three other children, although physically unharmed by her habit, had already been removed from her Toronto home by children's aid officials.

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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.