Search for "Constitution Act, 1982"

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Administrative Law in Canada

Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens, the other two being constitutional law and criminal law. Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. A strong administrative law system helps maintain public confidence in government authority.

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War Measures Act

The War Measures Act was a federal law adopted by Parliament on 22 August 1914, after the outbreak of the First World War. It gave broad powers to the Canadian government to maintain security and order during war or insurrection. It was used, controversially, to suspend the civil liberties of people in Canada who were considered “enemy aliens” during both world wars, leading to mass arrest and detention without charge or trial. The Act was also invoked during the 1970 October Crisis in Quebec. It has since been replaced by the more limited Emergencies Act.

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Immigration Policy in Canada

Immigration policy is the most explicit part of a government's population policy. In a democratic state such as Canada, immigration (migrants entering Canada) – is the most common form of regulating the population. Since Confederation, immigration policy has been tailored to grow the population, settle the land, and provide labour and financial capital for the economy. Immigration policy also tends to reflect the racial attitudes or national security concerns of the time.

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Reserves

In 2016, 744,855 people identified as First Nations with Indian Status, 44.2 per cent of which lived on reserves. Reserves are governed by the Indian Act, and residence on a reserve is governed by band councils as well as the federal government. Under the Indian Act, reserves that serve as residences are referred to as Indian Bands. Many reserves or bands are now referred to as First Nations. Reserves may serve as spiritual and physical homelands for their people, but they are also tangible representations of colonial governance. As such they are often the focal point of activism relating to land claims, resource management, cultural appropriation, socio-economic conditions, self-governance and cultural self-determination.

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Chinese Head Tax in Canada

The Chinese head tax was levied on Chinese immigration to Canada between 1885 and 1923, under the Chinese Immigration Act (1885). With few exceptions, Chinese people had to pay $50 (later raised to $100, and then $500) to come to Canada.

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Chinese Immigration Act

The Chinese Immigration Act of 1923, known also as the Chinese Exclusion Act, banned the entry of virtually all Chinese immigrants for 24 years. Although migration into Canada from most countries was controlled or restricted in some way, only Chinese people were singled out completely from entering on the basis of race. The four exceptions to the exclusion were students, merchants (excluding laundry, restaurant and retail operators), diplomats and Canadian-born Chinese returning from education in China. The limit on absence from Canada was two years, and the consequence for not returning on time was being barred re-entry. Additionally, every person of Chinese descent, whether Canadian-born or naturalized, was required to register for an identity card within 12 months. The penalty for noncompliance was imprisonment or a fine of up to $500. Though the Act was repealed in 1947, immigration restrictions on the basis of race and national origin were not fully scrubbed until 1967.

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Upper Canada

Upper Canada was the predecessor of modern-day Ontario. It was created in 1791 by the division of the old Province of Quebec into Lower Canada in the east and Upper Canada in the west. Upper Canada was a wilderness society settled largely by Loyalists and land-hungry farmers moving north from the United States. Upper Canada endured the War of 1812 with America, William Lyon Mackenzie’s Rebellion of 1837, the colonial rule of the Family Compact and half a century of economic and political growing pains. With the Act of Union in 1841, it was renamed Canada West and merged with Lower Canada (Canada East) into the Province of Canada.

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Sir John A. Macdonald

Sir John Alexander Macdonald, first prime minister of Canada (1867–73, 1878–91), lawyer, businessman, politician, (born 10 or 11 Jan 1815 in Glasgow, Scotland; died 6 June 1891 in Ottawa).

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Quebec Act

Royal Assent on 22 June 1774 and put in effect on 1 May 1775, the Quebec Act (An Act for making more effectual Provision for the Government of the Province of Quebec in North America) revoked the Royal Proclamation of 1763. Contrary to the proclamation — which aimed to assimilate the French Canadian population — the Quebec Act was passed to gain the loyalty of the local French-speaking majority of the Province of Quebec. Based on the experiences of Governors James Murray and Guy Carleton, it, amongst other things, guaranteed the freedom of worship and restored French property rights. The Act, however, had dire consequences for Britain’s North American empire. Considered one of the five “Intolerable Acts,” the Quebec Act was one of the direct causes of the American Revolution. It was followed in 1791 with the Constitutional Act.

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Sir Robert Borden

Sir Robert Laird Borden, lawyer, politician, prime minister of Canada, 1911–20 (born 26 June 1854 in Grand Pré, NS; died 10 June 1937 in Ottawa, ON).

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Internment in Canada

Internment is the forcible confinement or detention of a person during wartime. Large-scale internment operations were carried out by the Canadian government during the First World War and Second World War. In both cases, the War Measures Act was invoked, which gave the government the authority to deny people’s civil liberties, notably habeas corpus (the right to a fair trial before detention), and to hold them in camps across the country. More than 8,500 people were interned during the First World War and as many as 24,000 during the Second World War — including some 22,000 Japanese Canadians.

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Treaty 3

On 3 October 1873, the Saulteaux band of the Ojibwa peoples and the Government of Canada signed Treaty 3, also known as the North-West Angle Treaty. This agreement provided the federal government access to Saulteaux lands in present-day northwestern Ontario and eastern Manitoba in exchange for various goods and Indigenous rights to hunting, fishing and natural resources on reserve lands. The terms and text of Treaty 3 set precedents for the eight  Numbered Treaties that followed.

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Pierre Elliott Trudeau

Pierre Elliott Trudeau, PC, CC, prime minister of Canada 1968–79 and 1980–84, politician, writer, constitutional lawyer (born 18 October 1919 in Montréal, QC; died 28 September 2000 in Montréal).

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“O Canada”

“O Canada” is Canada’s national anthem. Originally called “Chant national,” it was written in Québec City by Sir Adolphe-Basile Routhier (words in French) and composer Calixa Lavallée (music), and first performed there on 24 June 1880. It began to be sung widely in French Canada at that time and later spread across Canada in various English-language versions, of which the best-known was written by Robert Stanley Weir in 1908. The lyrics of this version were amended several times over the years, with the most recent changes occurring in February 2018; the French lyrics have been shortened but otherwise remain unaltered from the original. “O Canada” was approved as Canada’s national anthem by a Special Joint Committee of the Senate and House of Commons on 15 March 1967. It was officially adopted as Canada’s national anthem under the National Anthem Act on 27 June 1980. The Act was proclaimed by Governor General Edward Schreyer in a public ceremony on Parliament Hill on 1 July 1980.

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October Crisis

The October Crisis began 5 October 1970 with the kidnapping of James CROSS, the British trade commissioner in Montréal, by members of the Front de Libération du Québec (FLQ).