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Constitutional Act 1791

The Constitutional Act of 1791 was an Act of the British Parliament creating Upper Canada and Lower Canada. Although it was a first step towards Canadian Confederation, its rigid colonial structures also set the stage for rebellion in the two Canadas.

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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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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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Abortion in Canada

Abortion is the premature ending of a pregnancy. Inducing an abortion was a crime in Canada until 1988, when the Supreme Court of Canada struck down the abortion law as unconstitutional. Since then, abortion has been legal at any stage in a woman's pregnancy, and is publicly funded as a medical procedure under the Canada Health Act. However, access to abortion services differs across the country, and abortion remains one of the most divisive political issues of our time.

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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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Canada East

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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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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Persons Case

The Persons Case (officially Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate.

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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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Constitution Act, 1982

The Constitution Act, 1982 enshrined the Charter of Rights and Freedoms in the Constitution, and completed the unfinished business of Canadian independence — allowing Canadians to amend their own Constitution without requiring approval 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 the Canadian 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, expanding the rights of minorities, transforming the nature of criminal investigations and prosecutions, and subjecting the will of Parliament and the legislatures to judicial scrutiny — an ongoing source of controversy.

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First Nations

First Nations is a term used to describe Indigenous peoples in Canada who are not Métis or Inuit. First Nations people are original inhabitants of the land that is now Canada, and were the first to encounter sustained European contact, settlement and trade. According to the 2016 Census (Statistics Canada), 977,230 people in Canada identified as being of First Nations heritage, a growth of 39.3 per cent since 2006. There are 634 First Nations in Canada, speaking more than 50 distinct languages.

For more detailed information on specific First Nations, see Indigenous Peoples in Canada.

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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 — a new country. The term Confederation also commonly stands for 1 July 1867, the date of the creation of the Dominion. Before Confederation, British North America also included Newfoundland, Prince Edward Island, British Columbia, and the vast territories of Rupert’s Land (considered the private domain of the Hudson’s Bay Company) and the North-Western Territory. Beginning in 1864, colonial politicians, 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, which was enacted by 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.

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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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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.

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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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Rebellion in Lower Canada

In 1837 and 1838, French Canadian militants in Lower Canada took up arms against the British Crown in a pair of insurrections. The twin rebellions killed more than 300 people. They followed years of tensions between the colony’s anglophone minority and the growing, nationalistic aspirations of its francophone majority. The rebels failed in their campaign against British rule. However, their revolt led to political reform, including the unified Province of Canada and the introduction of responsible government. The rebellions also gave French Canadians one of their first nationalist heroes in Louis-Joseph Papineau.