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Prohibition in Canada

Prohibition was the result of generations of effort by temperance workers to close bars and taverns, which were the source of much drunkenness and misery in an age before social welfare existed.

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Treaties with Indigenous Peoples in Canada (Plain-Language Summary)

Indigenous treaties in Canada are agreements made between the Crown and Indigenous people (First Nations, Métis, and Inuit). These agreements concern land. Indigenous people agree to share their land in exchange for payments of one kind or another and promises. Before Confederation, Britain controlled the treaty making process. After Confederation, the federal government took control of the treating making process.

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

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National Flag of Canada

The National Flag of Canada, also known as the Canadian Flag or the Maple Leaf Flag (l’Unifolié in French), consists of a red field with a white square at its centre in which sits a stylized, 11-pointed red maple leaf. A joint committee of the Senate and House of Commons voted for the present flag in 1964 against formidable odds. After months of debate, the final design, adopted by Parliament and approved by royal proclamation, became Canada’s official national flag on 15 February 1965.

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Constitution Act, 1867

The Constitution Act, 1867 was originally known as the British North America Act (BNA Act). It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. It came into effect on 1 July 1867. The Act is the foundational document of Canada’s Constitution. It outlines the structure of government in Canada and the distribution of powers between the central Parliament and the provincial legislatures. It was renamed the Constitution Act, 1867 with the patriation of the Constitution in 1982.

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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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Dominion of Canada

Dominion of Canada is the country’s formal title, though it is rarely used. It was first applied to Canada at Confederation in 1867. It was also used in the formal titles of other countries in the British Commonwealth. Government institutions in Canada effectively stopped using the word Dominion by the early 1960s. The last hold-over was the term Dominion Day, which was officially changed to Canada Day in 1982. Today, the word Dominion is seldom used in either private or government circles.

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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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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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Meech Lake Accord

In 1987, Prime Minister Brian Mulroney attempted to win Quebec’s consent to the revised Canadian Constitution. The result was the Meech Lake Accord. It was an agreement between the federaland provincial governments to amend (change) the Constitution. The Accord proposed strengthening provincial powersand declaring Quebec a “distinct society.” The Accord was never put into effect. Political support for it unravelled in 1990. Many Québécois saw the Accord’s failure in English Canada as a rejection of Quebec. Support for separatism soared in Quebec and led to the 1995 Quebec Referendum.

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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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Charlottetown Accord

The Charlottetown Accord of 1992 was a failed attempt by Prime Minister  Brian Mulroney and all 10 provincial premiers to amend the Canadian Constitution. The goal was to obtain Quebec’s consent to the Constitution Act, 1982. The Accord would have recognized Quebec as a distinct society; decentralized many federal powers to the provinces; addressed the issue of Indigenous self-government; and reformed the Senate and the House of Commons. The Accord had the approval of the federal government and all 10 provincial governments. But it was rejected by Canadian voters in a referendum on 26 October 1992.

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Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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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.”

Editorial

Editorial: The Canadian Constitution Comes Home

In April 1982, as an Ottawa winter turned to spring, Queen Elizabeth II made her eleventh visit to Canada. She had come to make it official. After more than a half-century of trying, Canada would have its own constitution. A Canadian-made constitution was unfinished business from the country’s colonial past. The British North America Act in 1867 set out the jurisdictions of the federal and provincial governments and created the Dominion of Canada. It was, however, a law of the British Parliament, and it could only be amended (changed) by the British.

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Constitution of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one document; it is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. In the words of the Supreme Court of Canada, “Constitutional convention plus constitutional law equal the total constitution of the country.” The Constitution provides Canada with the legal structure for a stable, democratic government.

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Patriation of the Constitution

In 1982, Canada fully broke from its colonial past and “patriated” its Constitution. It transferred the country’s highest law, the British North America Act (which was renamed the Constitution Act, 1867), from the authority of the British Parliament to Canada’s federal and provincial legislatures. The Constitution was also updated with a new amending formula and a Charter of Rights and Freedoms. These changes occurred after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country.

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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.

Editorial

Japanese Canadian Internment: Prisoners in their own Country

Beginning in early 1942, the Canadian government detained and dispossessed more than 90 per cent of Japanese Canadians, some 21,000 people, living in British Columbia. They were detained under the War Measures Act and were interned for the rest of the Second World War. Their homes and businesses were sold by the government to pay for their detention. In 1988, Prime Minister  Brian Mulroney apologized on behalf of the Canadian government for the wrongs it committed against Japanese Canadians. The government also made symbolic redress payments and repealed the War Measures Act.

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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.