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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

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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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 However, these changes were repealed or amended by legislation passed in 2017.

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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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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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Municipal Government in Canada

Municipal governments are local elected authorities. They include citiestowns and villages, and rural (county) or metropolitan municipalities. They are created by the provinces and territories to provide services that are best managed under local control; from waste disposal and public transit to fire services, policing, community centres and libraries. A municipal government’s revenue is raised largely from property taxes and provincial grants.

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Elections

Elections are a process in which Canadian citizens express their preferences about who will represent and govern them. Those preferences are combined to decide which candidates will become Members of Parliament. Elections are fundamental to the operation of democracy in Canada as they are the central means by which citizens grant authority to those who govern them.

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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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Indigenous Services Canada

Indigenous Services Canada (part of the former Indigenous/Indian and Northern Affairs Canada or INAC) was created by the federal government in 2017 to provide and support the delivery of services such as health care, child care, education and infrastructure to First Nations, Métis and Inuit communities. The overarching vision of the department is to support self-determination as a means of providing Indigenous peoples with the power to deliver their own services.

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Provincial Government in Canada

Under Canada’s federal system, the powers of government are shared between the federal government and 10 provincial governments. The Constitution Act, 1867 granted specific jurisdiction to the provinces in 16 areas, compared to 29 for the federal government. However, provincial powers have expanded since then. Provinces can levy direct taxation and derive most of their non-tax revenue from the use of public lands and natural resources. Provincial governments in Canada are modelled on the British Westminster parliamentary tradition and reflect the principles of responsible government. They comprise an elected legislative assembly, from which a governing cabinet is selected by the premier. The lieutenant-governor assents to legislation as the representative of the Crown.

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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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Women's Memorial March

The Women’s Memorial March (WMM) is held every year on 14 February, Valentine’s Day, in cities across Canada and the United States. The WMM started in 1992 in Vancouver, BC, following the murder of Indigenous woman Cheryl Ann Joe. The first Women’s Memorial March began as a small memorial for Joe, but grew to become an annual march to honour all missing and murdered Indigenous women and girls. The Vancouver march draws thousands of people, while women’s memorial marches have spread to more than 20 cities across Canada and the United States.

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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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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.