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Prohibition in Canada
Prohibition in Canada came about as a result of the temperance movement. It called for moderation or total abstinence from alcohol, based on the belief that drinking was responsible for many of society’s ills. The Canada Temperance Act (Scott Act) of 1878 gave local governments the “local option” to ban the sale of alcohol. Prohibition was first enacted on a provincial basis in Prince Edward Island in 1901. It became law in the remaining provinces, as well as in Yukon and Newfoundland, during the First World War. Liquor could be legally produced in Canada (but not sold there) and legally exported out of Canadian ports. Most provincial laws were repealed in the 1920s. PEI was the last to give up the “the noble experiment” in 1948.
Temperance Movement in Canada
The temperance movement was an international social and political campaign of the 19th and early 20th centuries. It was based on the belief that drinking was responsible for many of society’s ills. It called for moderation or total abstinence from alcohol. This led to the legal prohibition of alcohol in many parts of Canada. The Canada Temperance Act (Scott Act) of 1878 gave local governments the “local option” to ban the sale of alcohol. In 1915 and 1916, all provinces but Quebec prohibited the sale of alcohol as a patriotic measure during the First World War. Most provincial laws were repealed in the 1920s in favour of allowing governments to control alcohol sales. Temperance societies were later criticized for distorting economic activity, and for encouraging drinking and organized crime.
Treaties 1 and 2
Treaties 1 and 2 were the first of 11 Numbered Treaties negotiated between 1871 and 1921. Treaty 1 was signed 3 August 1871 between Canada and the Anishinabek and Swampy Cree of southern Manitoba. Treaty 2 was signed 21 August 1871 between Canada and the Anishinaabe of southern Manitoba (see Eastern Woodlands Indigenous Peoples). From the perspective of Canadian officials, treaty making was a means to facilitate settlement of the West and the assimilation of Indigenous peoples into Euro-Canadian society (see Treaties with Indigenous Peoples in Canada). Indigenous peoples sought to protect their traditional lands and livelihoods while securing assistance in transitioning to a new way of life. Treaties 1 and 2 encapsulate these divergent aims, leaving a legacy of unresolved issues due to the different understandings of their Indigenous and Euro-Canadian participants.
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.
Canadian Electoral System
Electoral systems are methods of choosing political representatives. (See also Political Campaigning in Canada.) Elections in Canada use a first-past-the-post system, whereby the candidate that wins the most votes in a constituency is selected to represent that riding. Elections are governed by an elaborate series of laws and a well-developed administrative apparatus. They occur at the federal, provincial, territorial and municipal levels. Canada’s federal election system is governed by the Canada Elections Act. It is administered by the Chief Electoral Officer. Provincial election systems, governed by provincial election acts, are similar to the federal system; they differ slightly from each other in important details. Federal and provincial campaigns — and that of Yukon — are party contests in which candidates represent political parties. Municipal campaigns — and those of Northwest Territories and Nunavut — are contested by individuals, not by parties.
Canadian Party System
Political parties are organizations that seek to control government. They participate in public affairs by nominating candidates for elections. ( See also Political Campaigning in Canada.) Since there are typically multiple groups that wish to do this, political parties are best thought of as part of a party system. This system dictates the way political parties conduct themselves in competition with one another. As of 2015, there were 23 registered political parties in Canada. The five major federal parties are the Liberal Party, the Conservative Party of Canada, the New Democratic Party (NDP), the Bloc Québécois and the Green Party of Canada.
Treaty 7 is the last of the Numbered Treaties made between the Government of Canada and the Plains First Nations (see Indigenous Peoples: Plains). It was signed on 22 September 1877 by five First Nations: the Siksika (Blackfoot), Kainai (Blood), Piikani (Peigan), Stoney-Nakoda, and Tsuut’ina (Sarcee). Different understandings of the treaty’s purpose, combined with significant culture and language barriers and what some have argued were deliberate attempts to mislead the First Nations on the part of the government negotiators, have led to ongoing conflicts and claims.
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).
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.)
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.
Exercise Tocsin B
Exercise Tocsin B was a nationwide nuclear preparedness drill that lasted 24 hours between 13 and 14 November 1961. It was the last of three national survival exercises named Tocsin in 1960–61. It was also the largest and most widely publicized civil defence drill ever held in Canada. This Cold War exercise run by the Canadian Army simulated the impact of thermonuclear warfare in Canada. Its goals were to show how the state would warn Canadians of such an attack and how government would continue during the crisis. By raising popular awareness of the potential for a devastating nuclear attack, Tocsin B showed Canadians what was at stake in the Cold War.
Rights Revolution in Canada
The time between the end of the Second World War and the signing of the Canadian Charter of Rights and Freedoms in 1982 is often referred to as the Rights Revolution in Canada. During this period, awareness of and support for human rights increased. At the grassroots level, women, queer communities, Indigenous peoples, and disability activists pushed for greater inclusion and made significant rights gains. At the same time, both federal and provincial governments passed laws that prohibited discrimination and protected human rights for more people across Canada.
Newfoundland and Labrador and Confederation
Attempts to bring Newfoundland into Confederation in the 1860s and 1890s were met with lukewarm interest in the colony. In 1934, Newfoundland was in bankruptcy during the Great Depression. It suspended responsible government and accepted an unelected Commission Government directed by Britain. In a 1948 referendum, Newfoundlanders were given the choice to either continue with the Commission Government, join Canada, or seek a return to responsible government as an independent dominion. The independence option won the first vote. But the Confederation option won a run-off vote with 52.3 per cent support. The British and Canadian parliaments approved of the union. Newfoundland became Canada’s 10th province on 31 March 1949. In 2001, the province’s name was officially changed to Newfoundland and Labrador.
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.
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.
Editorial: Baldwin, LaFontaine and Responsible Government
The Baldwin–LaFontaine government of 1848 has been called the “great ministry.” In addition to establishing responsible government, it had an incomparable record of legislation. It established a public school system and finalized the founding of the University of Toronto. It set up municipal governments and pacified French-Canadian nationalism after a period of unrest. Responsible government did not transform Canada overnight into a fully developed democracy. But it was an important milestone along the road to political autonomy. Most importantly, it provided an opportunity for French Canadians to find a means for their survival through the British Constitution. The partnership and friendship between Baldwin and LaFontaine were brilliant examples of collaboration that have been all too rare in Canadian history.
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.”
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.
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.