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Article

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.

Article

Confederation

Confederation refers to the process of federal union in which the British North American colonies of Nova Scotia, New Brunswick and the Province of Canada joined together to form the Dominion of Canada. The term Confederation also stands for 1 July 1867, the date of the creation of the Dominion. (See also Canada Day.) Before Confederation, British North America also included Newfoundland, Prince Edward Island, British Columbia, and the vast territories of Rupert’s Land (the private domain of the Hudson’s Bay Company) and the North-Western Territory. Beginning in 1864, colonial politicians (now known as the Fathers of Confederation) met and negotiated the terms of Confederation at conferences in Charlottetown, Quebec City and London, England. Their work resulted in the British North America Act, Canada’s Constitution. It was passed by the British Parliament. At its creation in 1867, the Dominion of Canada included four provinces: Nova Scotia, New Brunswick, Quebec and Ontario. Between then and 1999, six more provinces and three territories joined Confederation.

(This is the full-length entry about Confederation. For a plain language summary, please see Confederation (Plain Language Summary).)

timeline

Voting Rights in Canada

The struggle for voting rights is the struggle for human rights. Historically, governments have given the right to vote to the people who they’ve valued the most. Typically, this included only a select few. The majority of the population had to fight for their right to vote — a right that, once earned, could be taken away. 

The story of the right to vote in Canada is complex. Provincial and federal franchise regulations varied widely. This timeline provides an overview of voting rights in Canada.

Editorial

Editorial: Newfoundland’s Contribution to the Patriation of the Constitution

In the decades since 1982, politicians and the media have recounted the same story about the patriation of Canada’s constitution and the adoption of the Charter of Rights and Freedoms. Most of the credit in this version goes to Prime Minister Pierre Trudeau. Three others are credited with breaking an impasse in the 1981 negotiations: federal justice minister Jean Chrétien, Saskatchewan attorney general Roy Romanow, and Ontario attorney general Roy McMurtry. But in his memoirs, former Newfoundland PremierBrian Peckford argues that the key intervention in the patriation process came from Peckford and the members of the Newfoundland delegation.

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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.)

Article

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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Crown

In a monarchy, the Crown is an abstract concept or symbol that represents the state and its government. In a constitutional monarchy such as Canada, the Crown is the source of non-partisan sovereign authority. It is part of the legislative, executive and judicial powers that govern the country. Under Canada’s system of responsible government, the Crown performs each of these functions on the binding advice, or through the actions of, members of Parliament, ministers or judges. As the embodiment of the Crown, the monarch — currently Queen Elizabeth II — serves as head of state. The Queen and her vice-regal representatives — the governor general at the federal level and lieutenant-governors provincially — possess what are known as prerogative powers; they can be made without the approval of another branch of government, though they are rarely used. The Queen and her representatives also fulfill ceremonial functions as Head of State.

Article

Canada and the Holocaust

The Holocaust is defined as the systematic persecution and murder of 6 million Jews and 5 million non-Jews, including Roma and Sinti, Poles, political opponents, LGBTQ people and Soviet prisoners of war (POWs), by Nazi Germany from 1933 to 1945. Jews were the only group targeted for complete destruction. Nazi racial ideology considered them subhuman. Though Jewish Canadians did not experience the Holocaust directly, the majority endured anti-Semitism in Canada. Jewish Canadians were only one generation removed from lands under German occupation from 1933 to 1945. They maintained close ties to Jewish relatives in those lands. These ties affected the community’s response to the Holocaust. There was, for instance, a disproportionate representation of Jews in the Canadian armed forces. Jewish Canadians were also heavily involved in postwar relief efforts for displaced persons and Holocaust survivors in Europe.

Article

Distribution of Powers

Distribution of powers refers to the division of legislative powers and responsibilities between the federal and provincial governments. The areas of distribution were first outlined at the Quebec Conference in 1864 (see Quebec Resolutions) and are enshrined in the Constitution Act, 1867. They have been a source of debate and tension between the provinces and the federal government for generations. (See Federal-Provincial Relations.) However, this part of the Constitution has remained remarkably unchanged since Confederation.

Article

Canada West

In 1841, Britain united the colonies of Upper and Lower Canada into the Province of Canada. This was in response to the violent rebellions of 1837–38. The Durham Report (1839) laid out the guidelines to create the new colony with the Act of Union in 1840. The Province of Canada was made up of Canada West (formerly Upper Canada) and Canada East (formerly Lower Canada). The two regions were governed jointly until Confederation in 1867. Canada West then became Ontario and Canada East became Quebec.

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Royal Proclamation of 1763

The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It established the basis for governing the North American territories surrendered by France to Britain in the Treaty of Paris, 1763, following the Seven Years’ War. It introduced policies meant to assimilate the French population to British rule. These policies ultimately failed and were replaced by the Quebec Act of 1774 (see also The Conquest of New France). The Royal Proclamation also set the constitutional structure for the negotiation of treaties with the Indigenous inhabitants of large sections of Canada. It is referenced in section 25 of the Constitution Act, 1982. As such, it has been labelled an “Indian Magna Carta” or an “Indian Bill of Rights.” The Proclamation also contributed to the outbreak of the American Revolutionary War in 1775. The Proclamation legally defined the North American interior west of the Appalachian Mountains as a vast Indigenous reserve. This angered people in the Thirteen Colonies who desired western expansion.

This is the full-length entry about the Royal Proclamation of 1763. For a plain language summary, please see Royal Proclamation of 1763 (Plain Language Summary).

Article

Residential Schools Podcast Series

Residential Schools is a three-part podcast series created by Historica Canada and hosted by Shaneen Robinson-Desjarlais. It aims to commemorate the history and legacy of residential schools, and honour the stories of First Nations, Métis, and Inuit Survivors, their families, and communities. The series is part of a larger awareness campaign created by Historica Canada and funded by the Government of Canada. Along with the podcast, Historica also offers a video series, an education guide, and several new entries on The Canadian Encyclopedia about the history and legacy of residential schools.

Article

Durham Report

In 1838, the British politician Lord Durham was sent to British North America to investigate the causes of the rebellions of 1837–38 in the colonies of Upper and Lower Canada. Durham's famous Report on the Affairs of British North America (1839) led to a series of reforms and changes. These included uniting the two Canadas into a single colony, the Province of Canada, in 1841. (See also: Act of Union.) The report also paved the way for responsible government. This was a critical step in the development of Canadian democracy. The report played an important role in the evolution of Canada’s political independence from Britain.

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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.

Article

Rebellion in Upper Canada

The 1837 rebellion in Upper Canada was a less violent, more limited affair than the uprising earlier that year in Lower Canada. However, its leaders, including William Lyon Mackenzie, were equally serious in their demands. They wanted democratic reform and an end to the rule of a privileged oligarchy. The rebellion itself failed, but its very failure helped pave the way for moderate and careful political change in British North America. This included the union of Upper and Lower Canada into the Province of Canada and the eventual introduction of responsible government.

Article

Egerton Ryerson

Adolphus Egerton Ryerson, Methodist minister, educator (born 24 March 1803 in Charlotteville Township, Norfolk County, Upper Canada; died 18 February 1882 in Toronto, Ontario). Egerton Ryerson was a leading figure in education and politics in 19th century Ontario. He helped found and edit the Christian Guardian (1829) and served as president of the Methodist Church of Canada (1874–78). As superintendent of education in Canada West, Ryerson established a system of free, mandatory schooling at the primary and secondary level — the forerunner of Ontario’s current school system. He also founded the Provincial Normal School (1847), which eventually became the Ontario Institute for Studies in Education (OISE). Ryerson also served as principal of Victoria College, which he helped found in 1836 as the Upper Canada Academy. He was also, however, involved in the development of residential schools in Canada. This has led to increasing calls to rename Ryerson University and other institutions named in his honour.

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.

Article

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.

Article

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.