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North-West Territories (1870–1905)

The North-West Territories was the first Canadian territory. It was Established on 15 July 1870. As a territory, the region became part of Canada. But it lacked the population, economic and infrastructure resources to attain provincial status. It thus fell under the jurisdiction of the federal government. It covered a vast area, stretching west from a disputed boundary with Labrador, across the northern portions of present-day Quebec and Ontario, through the Prairies to British Columbia, and north from the 49th parallel to the Arctic Ocean. The territory was subject to numerous boundary changes before 1905. At that time, the provinces of Saskatchewan and Alberta were carved out of the southwest portion of the region. In 1906, the remaining territory was renamed the Northwest Territories.

Macleans

Air India Trial Ends in Acquittal

This article was originally published in Maclean’s magazine on March 28, 2005. Partner content is not updated.

"IN THE EARLY morning hours of June 23, 1985, two bomb-laden suitcases detonated half a world apart," began B.C. Supreme Court Justice Ian Bruce Josephson, reading a verdict that set two men free and left hundreds more shackled to a 20-year-old tragedy that now seems beyond hope of resolution.

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Food Legislation

Legislation designed to prevent the sale of unsafe or unwholesome food represents one of the oldest forms of governmental or societal intervention in the AGRICULTURE AND FOOD system.

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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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Manitoba Act

The Manitoba Act provided for the admission of Manitoba as Canada’s fifth province. It received royal assent and became law on 12 May 1870. It marked the legal resolution of the struggle for self-determination between people of the Red River Colony and the federal government, which began with Canada’s purchase of Rupert’s Land in 1870. The Act contained protections for the region’s Métis. However, these protections were not fully realized. As a result, many Métis left the province for the North-West Territories.

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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.

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Pennefather Treaties

In the summer of 1859, Superintendent General of the Indian Department Richard T. Pennefather signed three separate but essentially identical treaties with Batchewana First Nation (Treaty 91 [A]), Garden River First Nation (Treaty 91 [B]) and Thessalon First Nation (Treaty 91 [C]). The three treaties were part of a series of land surrenders that occurred after the 1850 Robinson Treaties. The Pennefather treaties opened additional acres for settlement and resource exploitation. (See also Treaties with Indigenous Peoples in Canada.)

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Welfare State

The welfare state in Canada is a multi-billion dollar system of government programs that transfer money and services to Canadians to deal with an array of societal needs.

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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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Transport Canada

Transport Canada is the federal government department responsible for the regulation and administration of transportation policies, programs and services to promote the safety and efficiency of the national transportation system.

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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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Federal Departments of Indigenous and Northern Affairs

The federal government is responsible for the development of policies related to First Nations, Métis, Inuit and Northern communities. After Confederation, the British — who had created the first Indian Department after 1755 — transferred this responsibility to the Canadian government. Since then, different departments have been responsible for the portfolios of Indigenous and Northern affairs. There are currently two departments overseeing Indigenous affairs. Indigenous Services Canada is concerned with providing and supporting the delivery of services, including health care, child care and education to Indigenous communities. Crown-Indigenous Relations and Northern Affairs Canada oversees Indigenous-government relations, such as matters pertaining to treaty rights and self-government, and the concerns of Northern communities. The department has two ministers: a minister of Crown-Indigenous Relations and a minister of Northern Affairs.

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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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Krever Inquiry

The Commission of Inquiry on the Blood System in Canada, also known as the Krever Inquiry, was a public investigation of the Canadian blood system, which had been contaminated with the human immunodeficiency virus (HIV) and hepatitis C virus during the 1980s. (See also Aids.) In 1993, a public inquiry into the Canadian blood system was established and Justice Horace Krever was named commissioner. The infection of thousands of Canadians with (HIV) and hepatitis C is Canada's worst- ever preventable public health disaster. It has also become one of its most prolonged legal sagas, featuring a high-profile public inquiry, almost $10 billion in legal claims and a criminal investigation.

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Social Security

Social security refers to government programs that replace people's income lost due to pregnancy, illness, accident, disability, the death or absence of a family's breadwinner, unemployment, old age or retirement.

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Carbon Pricing in Canada

Carbon pricing refers to a cost that is imposed on the combustion of fossil fuels used by industry and consumers. Pricing can be set either directly through a carbon tax or indirectly through a cap-and-trade market system. A price on carbon is intended to capture the public costs of greenhouse gas (GHG) emissions and shift the burden for damage back to the original emitters, compelling them to reduce emissions. In 2016, Prime Minister Justin Trudeau announced a national climate change policy that includes a system of carbon pricing across Canada. Provinces can either create their own systems to meet federal requirements or have a federal carbon tax imposed on them. Nine provinces and territories have their own carbon pricing plans that meet federal requirements. Ottawa has imposed its own carbon tax in Alberta, Saskatchewan, Manitoba and Ontario.

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Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

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Cultural Duality

Contemporary observers who may not be thoroughly familiar with the history behind Canadian cultural dualism often have trouble in decoding it. Although the idea of cultural duality appears in laws, in policies on education, religion and language, and in the formulation of the fundamental rights of the provinces, its historical foundations remain hard to define.

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Powley Case

R. v. Powley was a legal case concerning Métis hunting rights in Canada. In 1993, the province of Ontario charged Steve and Roddy Powley with illegal hunting. The Powleys disputed their conviction, arguing that the Aboriginal rights enshrined in section 35 of the Constitution Act, 1982 protected their hunting rights as Métis people. The case concluded in 2003, when the Supreme Court of Canada ruled that the Powleys were, in fact, exercising lawful Métis hunting rights. The Powley case established criteria on who can legally qualify for Métis rights. It outlined 10 specific criteria, known as the Powley Test, which applies to Métis communities across Canada. The case also clarified that the Métis are a distinct people, separate from First Nations and Inuit peoples in Canada. Some legal experts believe the Powley case might lead to expanded Métis rights, including harvesting and fishing rights and possibly self-government.