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Canadian Human Rights Act

The Canadian Human Rights Act, created in 1977, is designed to ensure equality of opportunity. It prohibits discrimination on the basis of race, age, sex and a variety of other categories. The Act produced two human rights bodies: the Canadian Human Rights Commission and, through a 1985 amendment, the Human Rights Tribunal Panel (it became the Canadian Human Rights Tribunal in 1998). Decisions of both the Commission and the Tribunal can be appealed to the Federal Court of Canada. Unlike the Charter of Rights and Freedoms, which provides Canadians with a broad range of rights, the Canadian Human Rights Act covers only equality rights. It also governs only federal jurisdictions. Each province and territory in Canada has its own human rights legislation, which apply to local entities such as schools and hospitals.

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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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Criminal Code of Canada

Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.

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Murray Hyman Kirsh (Primary Source)

Murray Hyman Kirsh served in the Canadian Army during the Second World War. After his grandparents were killed by Nazis in Europe, Kirsh felt it was his duty to enlist to serve in the war. From 1942 to 1944, Kirsh served on the home front as a military officer guarding Allied prisoners of war. Listen to his story of German POWs trying to escape during his watch.

Please be advised that Memory Project primary sources may deal with personal testimony that reflect the speaker’s recollections and interpretations of events. Individual testimony does not necessarily reflect the views of the Memory Project and Historica Canada.

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Robinson Treaties of 1850

In September 1850, the Anishinaabeg (Ojibwe) of the Upper Great Lakes signed two separate but interconnected treaties: the Robinson-Superior Treaty (RST) and Robinson-Huron Treaty (RHT). These agreements provided the Province of Canada (Canada East and Canada West, the future Quebec and Ontario) access to the north shores of Lake Huron and Lake Superior for settlement and mineral extraction. In exchange, the Indigenous peoples in the region gained recognition of hunting and fishing rights, an annuity (annual payment), and a reservation from the surrender of specific lands for each signatory community. Interpretation of the Robinson treaties have had a legal and socioeconomic impact on Indigenous and settler communities, and they established precedents for the subsequent Numbered Treaties.

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Manifest Destiny

The term Manifest Destiny was first used in 1845 by New York City journalist John Louis O’Sullivan. He used the term in the context of America’s annexation of the Republic of Texas. Manifest Destiny represented the idea that it was America’s right — its destiny, in fact — to expand across all of North America. Politicians and citizens in the United States called for the US to expand by claiming control of British territory. This included the Province of Canada (formerly Upper Canada and Lower Canada), New Brunswick and Nova Scotia.

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Canadian Identity

The question of what it means to be a Canadian has been a difficult and much debated one. Some people see the question itself as central to that identity. Canadians have never reached a consensus on a single, unified conception of the country. Most notions of Canadian identity have shifted between the ideas of unity and plurality. They have emphasized either a vision of “one” Canada or a nation of “many” Canadas. A more recent view of Canadian identity sees it as marked by a combination of both unity and plurality. The pluralist approach sees compromise as the best response to the tensions — national, regional, ethnic, religious and political — that make up Canada.

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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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Crown Corporation

Crown corporations are wholly owned federal or provincial organizations that are structured like private or independent companies. They include enterprises such as the Canadian Broadcasting Corporation (CBC), VIA Rail, Canada Post and the Bank of Canada; as well as various provincial electric utilities. Crown corporations have greater freedom from direct political control than government departments. As long as crown corporations have existed, there has been debate about their structure, accountability and role in the economy.

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Notwithstanding Clause

Section 33 of the Canadian Charter of Rights and Freedoms is known as the notwithstanding clause. Also known as the override clause, it is part of the Constitution of Canada. The clause allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. These overrides are subject to renewal after five years. Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government has never invoked the clause.

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British Columbia and Confederation

The colony of British Columbia was founded in 1858 in response to the Fraser River Gold Rush. (See also The Fraser River Gold Rush and the Founding of British Columbia.) The colony established representative government in 1864 and merged with the colony of Vancouver Island in 1866. In May 1868, Amor De Cosmos formed the Confederation League to bring responsible government to BC and to join Confederation. In September 1868, the Confederation League passed 37 resolutions outlining the terms for a union with the Dominion of Canada. The terms were passed by both the BC assembly and the federal Parliament in 1871. The colony joined Canada as the country’s sixth province on 20 July 1871. The threat of American annexation, embodied by the Alaska purchase of 1867, and the promise of a railway linking BC to the rest of Canada, were decisive factors.

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Federalism in Canada

Federalism is a political system in which government power and responsibility is divided between a federal legislature and state or provincial legislatures. A true federation, in the modern sense, is a state in which the smaller parts are not sovereign and cannot legally secede. In practice, Canadian federalism has swung between the extremes of centralizing control and decentralizingit. The federal government has jurisdiction over the entire country. Each provincial government has jurisdiction over its portion of the population and region. Both levels of government get their authority from Canada’s written Constitution; but it includes features that are incompatible with a strict approach to federalism. Canadian federalism has been tested throughout the country’s history. It remains a subject of great debate.

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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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Pierre Elliott Trudeau

Pierre Elliott Trudeau, PC, CC, CH, FRSC, prime minister of Canada 1968–79 and 1980–84, politician, writer, constitutional lawyer (born 18 October 1919 in Montreal, QC; died 28 September 2000 in Montreal). A charismatic and controversial figure, Pierre Trudeau was arguably Canada’s best-known politician, both at home and abroad. He introduced legal reforms in his quest to make Canada a more “just society,” and made Canada officially bilingual with the Official Languages Act of 1969. He negotiated Canada’s constitutional independence from Britain and established a new Canadian Constitution with an entrenched Charter of Rights and Freedoms. He played an important role in defeating the Quebec separatist movement of the 1970s and 1980s; although his decision to invoke the War Measures Act in response to the 1970 October Crisis drew sharp criticism. His federalist stance as well as his language and economic policies alienated many in Canada; particularly in the West. His eldest son, Justin Trudeau, became leader of the Liberal Party in 2013 and prime minister in 2015.

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Jackie Barrett

John Robert “Jackie” Barrett, powerlifter, swimmer (born 25 April 1974 in Halifax, NS). Jackie Barrett is Canada’s most successful Special Olympics athlete. He won 22 gold medals at the Special Olympics Canada Games (20 in powerlifting, two in swimming) and 13 gold medals at the Special Olympics World Games. In 2015, the autistic Barrett broke three Special Olympics World Summer Games records. As a result, he became the first Special Olympian to be nominated for the Lou Marsh Trophy as Canada’s athlete of the year. He is also the first Special Olympian to be inducted into the Nova Scotia Sports Hall of Fame and Canada’s Sports Hall of Fame.