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Article

The 1969 Amendment and the (De)criminalization of Homosexuality

From the earliest days of colonization to 1969, sodomy laws made sex between men illegal in Canada. In addition, a law enacted in 1892 made “gross indecency” between men illegal. This included anything that indicated same-sex attraction, including simple touching, dancing and kissing. The law was extended to women in 1953. In 1969, however, sodomy and gross indecency laws were changed, making such acts legal under some circumstances. The parties involved had to be 21 years of age or older and conduct their affairs in private. Sodomy and gross indecency remained illegal outside of the home or if three or more individuals were involved or present. Thus, Canada’s Criminal Code continued to equate homosexuality with criminal behaviour under many circumstances.

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Everett Klippert Case

Everett George Klippert was the only Canadian ever declared a dangerous sexual offender and sentenced to what amounted to life in prison, for no other reason than he was a gay man. Outrage over that sentence, which was upheld by the Supreme Court of Canada in 1967, led to the decriminalization of gay sex two years later. Klippert was released from prison in 1971. In 2016, Prime Minister Justin Trudeau indicated he would recommend a pardon for Klippert. The following year, the Trudeau government formally apologized and issued a compensation package to men who were charged, convicted and punished simply because they were gay.

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Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

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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.

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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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Sixties Scoop

The “Sixties Scoop” refers to the large-scale removal or “scooping” of Indigenous children from their homes, communities and families of birth through the 1960s, and their subsequent adoption into predominantly non-Indigenous, middle-class families across the United States and Canada. This experience left many adoptees with a lost sense of cultural identity. The physical and emotional separation from their birth families continues to affect adult adoptees and Indigenous communities to this day.

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Morin Freed by DNA

What Morin will never get back, of course, is a decade of normal living. He felt like he was "raped" of life, he says now. He has proclaimed his innocence from the moment he was arrested in spring, 1985, for the Oct.

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Union Nationale

The Union Nationale was a Québec political party founded in 1935 and dissolved in 1989. The party won six provincial elections between 1936 and 1966.

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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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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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Old-Age Pension

The old-age pension is a government initiative to help Canadians avoid poverty in retirement. It has changed from a strictly anti-poverty measure, that often humiliated the elderly, into an accepted, mainstream aspect of post-work life.

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Family Compact

The term Family Compact is an epithet, or insulting nickname; it is used to describe the network of men who dominated the legislative, bureaucratic, business, religious and judicial centres of power in Upper Canada (present-day Ontario) from the early- to mid-1800s. Members of the Family Compact held largely conservative and loyalist views. They were against democratic reform and responsible government. By the mid-19th century, immigration, the union of Upper and Lower Canada, and the work of various democratic reformers had diminished the group’s power. The equivalent to the Family Compact in Lower Canada was the Château Clique.

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Irish Referendum Campaign

On the Falls Road in the western precincts of Belfast, right in the heart of the city's Roman Catholic strongholds, there is an exclusive watering hole with a singularly appropriate name. They call the place the Felons' Club.