Search for "Fathers of Confederation"

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Article

Governor General of Canada

Canada is a constitutional monarchy. As such, there is a clear division between the head of state and the head of government. The head of government is the prime minister, an elected political leader. The head of state is the Canadian monarch; their duties are carried out by the governor general, who acts as the representative of the Crown — currently Elizabeth II — in Canada. (Lieutenant-Governors fulfill a similar role in provincial governments.) The governor general has extensive ceremonial duties. They also fulfill an important role in upholding the traditions of Parliament and other democratic institutions. Canada’s most recent governor general was Julie Payette. Following her resignation on 21 January 2021, the chief justice of the  Supreme Court of Canada, Richard Wagner, assumed the responsibilities of the office until a replacement could be confirmed.

Editorial

Editorial: Baldwin, LaFontaine and Responsible Government

The BaldwinLaFontaine government of 1848 has been called the “great ministry.” In addition to establishing responsible government, it had an incomparable record of legislation. It established a public school system and finalized the founding of the University of Toronto. It set up municipal governments and pacified French-Canadian nationalism after a period of unrest. Responsible government did not transform Canada overnight into a fully developed democracy. But it was an important milestone along the road to political autonomy. Most importantly, it provided an opportunity for French Canadians to find a means for their survival through the British Constitution. The partnership and friendship between Baldwin and LaFontaine were brilliant examples of collaboration that have been all too rare in Canadian history.

Editorial

Editorial: William Lyon Mackenzie and the Rebellion in Upper Canada

At 8:00 p.m. on Monday, 4 December 1837, William Lyon Mackenzie set out by horse down Yonge Street to scout the route for his attack on Toronto. At the top of Gallows Hill (below St. Clair Ave.) he met Tory alderman John Powell, himself on patrol from the city. Mackenzie and his men took Powell prisoner. “Do you have a gun?” Mackenzie asked Powell. “No,” Powell replied. Mackenzie took his word as a gentleman and sent him back toward the rebel headquarters at Montgomery’s Tavern.

Article

Emergencies Act

In July 1988, the War Measures Act was repealed and replaced by the Emergencies Act. The Emergencies Act authorizes “the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof.” In contrast to the sweeping powers and violation of civil liberties authorized by the War Measures Act, the Emergencies Act created more limited and specific powers for the federal government to deal with security emergencies of five different types: national emergencies; public welfare emergencies; public order emergencies; international emergencies; and war emergencies. Under the Act, Cabinet orders and regulations must be reviewed by Parliament, meaning the Cabinet cannot act on its own, unlike under the War Measures Act. The Emergencies Act outlines how people affected by government actions during emergencies are to be compensated. It also notes that government actions are subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

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Statute of Westminster, 1931

The Statute of Westminster is a British law that was passed on 11 December 1931. It was Canada’s all-but-final achievement of independence from Britain. It enacted recommendations from the Balfour Report of 1926, which had declared that Britain and its Dominions were constitutionally “equal in status.” The Statute of Westminster gave Canada and the other Commonwealth Dominions legislative equality with Britain. They now had full legal freedom except in areas of their choosing. The Statute also clarified the powers of Canada’s Parliament and those of the other Dominions. (See also Editorial: The Statute of Westminster, Canada’s Declaration of Independence.)

Article

Abortion in Canada

Abortion is the premature ending of a pregnancy. Inducing an abortion was a crime in Canada until 1988, when the Supreme Court of Canada struck down the law as unconstitutional. Since then, abortion has been legal at any stage in a woman’s pregnancy. Abortion is publicly funded as a medical procedure under the Canada Health Act. (See Health Policy.) However, access to abortion services differs across the country. Despite its legalization, abortion remains one of the most divisive political issues of our time.

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

Saskatchewan Bill of Rights

The Saskatchewan Bill of Rights came into force on 1 May 1947. Written primarily by lawyer and human rights advocate Morris Shumiatcher, it was enacted by the CCF government led by Premier Tommy Douglas. While critics have debated its efficacy, it remains important because it was Canada’s first bill of rights; it predated the Canadian Bill of Rights (1960), Quebec’s Charter of Human Rights and Freedoms (1975) and the Canadian Charter of Rights and Freedoms (1982).

Article

The Great Flag Debate

The long and often bitter debate over the new Canadian flag began in the House of Commons on 15 June 1964. It ended by closure on 15 December 1964. Feelings ran high among many English Canadians. Opposition leader John Diefenbaker demanded that the flag honour Canada’s “founding races” and feature the Union Jack. Prime Minister Lester B. Pearson insisted on a design that conveyed allegiance to Canada while avoiding colonial association. A prolonged, heated debate ensued. Historian Rick Archbold described it as “among the ugliest in the House of Commons history.” The new flag, designed by George Stanley with final touches by graphic artist Jacques Saint-Cyr, was approved on 15 December 1964 by a vote of 163 to 78. The royal proclamation was signed by Queen Elizabeth II on 28 January 1965. The national flag was officially unfurled on 15 February 1965.

Article

Quebec Act, 1774

The Quebec Act received royal assent on 22 June 1774. It revoked the Royal Proclamation of 1763, which had aimed to assimilate the French-Canadian population under English rule. The Quebec Act was put into effect on 1 May 1775. It was passed to gain the loyalty of the French-speaking majority of the Province of Quebec. Based on recommendations from Governors James Murray and Guy Carleton, the Act guaranteed the freedom of worship and restored French property rights. However, the Act had dire consequences for Britain’s North American empire. Considered one of the five “Intolerable Acts” by the Thirteen American Colonies, the Quebec Act was one of the direct causes of the American Revolutionary War (1775–83). It was followed by the Constitutional Act in 1791.

This is the full-length entry about the Quebec Act of 1774. For a plain language summary, please see The Quebec Act, 1774 (Plain-Language Summary).

Article

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.

Article

Canadian Electoral System

Electoral systems are methods of choosing political representatives. (See also Political Campaigning in Canada.) Elections in Canada use a first-past-the-post system, whereby the candidate that wins the most votes in a constituency is selected to represent that riding. Elections are governed by an elaborate series of laws and a well-developed administrative apparatus. They occur at the federal, provincial, territorial and municipal levels. Canada’s federal election system is governed by the Canada Elections Act. It is administered by the Chief Electoral Officer. Provincial election systems, governed by provincial election acts, are similar to the federal system; they differ slightly from each other in important details. Federal and provincial campaigns — and that of Yukon — are party contests in which candidates represent political parties. Municipal campaigns — and those of Northwest Territories and Nunavut — are contested by individuals, not by parties.

Article

Political Participation in Canada

Canadians participate in the political system any time they voluntarily try to influence the outcome of an election, or a government or party policy. This can be done in various ways, from voting to campaigning for a political cause to running for political office. The highest turnout rate for a federal election was 79.4 per cent in 1958. Voter turnout in Canada declined in the 1990s and 2000s, reaching 58.8 per cent in 2008. The numbers then began trending upwards, reaching 68.3 per cent in 2015 and 67 per cent in 2019. Women, who gained the right to vote federally in 1918, vote at slightly higher rates than men. Older citizens are more politically active than younger ones, although voting among people age 18 to 34 increased sharply between 2011 and 2019.

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.)

Article

Canadian Human Rights Act

The Canadian Human Rights Act, created in 1977, is designed to ensure equality of opportunity. It prohibits discrimination on the basis of race, age, sex and a variety of other categories. The Act produced two human rights bodies: the Canadian Human Rights Commission and, through a 1985 amendment, the Human Rights Tribunal Panel (it became the Canadian Human Rights Tribunal in 1998). Decisions of both the Commission and the Tribunal can be appealed to the Federal Court of Canada. Unlike the Charter of Rights and Freedoms, which provides Canadians with a broad range of rights, the Canadian Human Rights Act covers only equality rights. It also governs only federal jurisdictions. Each province and territory in Canada has its own human rights legislation, which apply to local entities such as schools and hospitals.

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Right to Vote in Canada

The term franchise denotes the right to vote in elections for members of Parliament, provincial legislatures and municipal councils. The Canadian franchise dates from the mid-18th-century colonial period. At that time, restrictions effectively limited the right to vote to male property holders. Since then, voting qualifications and the categories of eligible voters have expanded according to jurisdiction. These changes reflect the evolution of Canada’s social values and constitutional requirements.

Article

Massey Commission

The Massey Commission was formally known as the Royal Commission on National Development in the Arts, Letters and Sciences. It was officially appointed by Prime Minister Louis St-Laurent on 8 April 1949. Its purpose was to investigate the state of arts and culture in Canada. Vincent Massey chaired the Commission. It issued its landmark report, the Massey Report, on 1 June 1951. The report advocated for the federal funding of a wide range of cultural activities. It also made a series of recommendations that resulted in the founding of the National Library of Canada (now Library and Archives Canada), the creation of the Canada Council for the Arts, federal aid for universities, and the conservation of Canada’s historic places, among other initiatives. The recommendations that were made by the Massey Report, and enacted by the federal government, are generally seen as the first major steps to nurture, preserve and promote Canadian culture.

Article

Criminal Code of Canada

Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.