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Truth and Reconciliation Commission

The Truth and Reconciliation Commission of Canada (TRC) was officially launched in 2008 as part of the Indian Residential Schools Settlement Agreement (IRSSA). Intended to be a process that would guide Canadians through the difficult discovery of the facts behind the residential school system, the TRC was also meant to lay the foundation for lasting reconciliation across Canada.

This is the full-length entry about the Truth and Reconciliation Commission. For a plain language summary, please see Truth and Reconciliation Commission (Plain Language Summary).

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Enfranchisement (Plain-Language Summary)

Throughout much of Canadian history, a First Nations person would lose their Indian status if they were enfranchised. An enfranchised person is someone who has the right to vote in elections. A First Nations person who is deemed a Status Indian has certain rights and benefits granted to them through the Indian Act.

(This article is a plain-language summary of Enfranchisement. If you are interested in reading about this topic in more depth, please see our full-length entry Enfranchisement).

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Truth and Reconciliation Commission (Plain-Language Summary)

The Truth and Reconciliation Commission (TRC) started working in 2008. It was a result of the Indian Residential Schools Settlement Agreement (IRRSA). The IRRSA recognized the suffering and trauma experienced by Indigenous students at residential schools. It also provided financial compensation (money) to the students. The TRC performed many tasks. It created a national research centre. It collected documents from churches and government. It held events where students told their stories. Also, it did research about residential schools and issued a final report.

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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.

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Manitoba and Confederation

Canada’s fifth province, Manitoba entered Confederation with the passing of the Manitoba Acton 12 May 1870. The AssiniboineDakotaCree and Dene peoples had occupied the land for up to 15,000 years. Since 1670, it was part of Rupert’s Landand was controlled by the Hudson’s Bay Company. The Canadian government purchased Rupert’s Land at the behest of William McDougall, Manitoba’s Father of Confederation. No residents of the area were consulted about the transfer; in response, Louis Rieland the Métis led the Red River Rebellion. It resulted in an agreement to join Confederation. Ottawa agreed to help fund the new provincial government, give roughly 1.4 million acres of land to the Métis, and grant the province four seats in Parliament. However, Canada mismanaged its promise to guarantee the Métis their land rights. The resulting North-West Rebellion in 1885 led to the execution of Riel. The creation of Manitoba — which, unlike the first four provinces, did not control its natural resources — revealed Ottawa’s desire to control western development.

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Great Peace of Montreal, 1701

On 4 August 1701, the French concluded a peace agreement with the Five Nations Haudenosaunee (Iroquois). This brought to an end almost a century of hostilities marked by atrocities on both sides. The Haudenosaunee were permitted to trade freely and to obtain goods from the French at a reduced cost. In exchange, they pledged to allow French settlement at Detroit and to remain neutral in the event of a war between England and France. The accord assured New France superiority in dealing with issues related to the region’s First Nations. It also gave the French the freedom to expand militarily over the next half century.

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Native People's Caravan

The Native People’s Caravan was a cross-country mobile protest that took place in 1974. Its main purpose was to raise awareness about the poor living conditions and discrimination experienced by Indigenous peoples in Canada. It travelled from Vancouver to Ottawa, where the subsequent occupation of a vacant warehouse on Victoria Island, near Parliament Hill, extended into 1975. The caravan brought various Indigenous groups together in protest of broken treaties, as well as a lack of government-supported education, housing and health care. As a result, meetings between Cabinet ministers and Indigenous leaders became more frequent. The protest is remembered as an important turning point in Indigenous activism in Canada.

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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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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.

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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 decentralizingit. 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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Constitution Act, 1982

The Constitution Act, 1982 is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. It also enshrined the Charter of Rights and Freedoms in Canada’s Constitution, the highest law of the land. The Act was passed after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country. (See Patriation of the Constitution.)

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Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of Canada’s Constitution. The Charter guarantees the rights of individuals by enshrining those rights, and certain limits on them, in the highest law of the land. Since its enactment in 1982, the Charter has created a social and legal revolution in Canada. It has expanded the rights of minorities and criminal defendants, transformed the nature and cost of criminal investigations and prosecutions, and subjected the will of Parliament and the legislatures to judicial scrutiny — an ongoing source of controversy.

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Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

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Confederation's Opponents

Opposition to Confederation has existed since a union of British North Americancolonies was first proposed in the late 1840s. In the eastern parts of the country, opponents generally feared that Confederation would strip power from the provincesand hand it to the federal government; or that it would lead to higher taxes and military conscription. Many of these opponents ultimately gave up and even served in the Canadian government. In the West, Indigenous peoples in the Red River Colonywere never asked if they wanted to join Confederation. Fearing for their culture and land rights under Canadian control, they mounted a five-month insurgency against the government. Many Quebec nationalistshave long sought to separate from Confederation, either through the extreme measures of the Front de libération du Québec (FLQ), or through referenda in 1980 and 1995.