Search for "Constitutional Act of 1791"

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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.

Editorial

Editorial: The Canadian Flag, Distinctively Our Own

On 15 February 1965, at hundreds of ceremonies across the country and around the world, the red and white Maple Leaf Flag was raised for the first time. In Ottawa, 10,000 people gathered on a chilly, snow-covered Parliament Hill. At precisely noon, the guns on nearby Nepean Point sounded as the sun broke through the clouds. An RCMP constable, 26-year-old Joseph Secours, hoisted the National Flag of Canada to the top of a specially-erected white staff. A sudden breeze snapped it to attention.

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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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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 by 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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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.

Article

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).

Article

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.

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Statute of Westminster, 1931

The Statute of Westminster is a British law that was passed on 11 December 1931. It was Canada’s all-but-final achievement of independence from Britain. It enacted recommendations from the Balfour Report of 1926, which had declared that Britain and its Dominions were constitutionally “equal in status.” The Statute of Westminster gave Canada and the other Commonwealth Dominions legislative equality with Britain. They now had full legal freedom except in areas of their choosing. The Statute also clarified the powers of Canada’s Parliament and those of the other Dominions. (See also Editorial: The Statute of Westminster, Canada’s Declaration of Independence.)

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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. 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).)

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Patriation of the Constitution

In 1982, Canada fully broke from its colonial past and “patriated” its Constitution. It transferred the country’s highest law, the British North America Act (which was renamed the Constitution Act, 1867), from the authority of the British Parliament to Canada’s federal and provincial legislatures. The Constitution was also updated with a new amending formula and a Charter of Rights and Freedoms. These changes occurred after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country.

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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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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.

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.

Article

Rebellions of 1837–38

In 1837 and 1838, insurgents in Upper and Lower Canada led rebellions against the Crown and the political status quo. The revolt in Lower Canada was more serious and violent than the rebellion in Upper Canada. However, both events inspired the pivotal Durham Report. It led to the Act of Union, which merged the two colonies into the Province of Canada. It also resulted in the introduction of responsible government. These were critical events on the road to Canadian nationhood.

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Rebellion in Lower Canada (The Patriots' War)

In 1837 and 1838, French Canadian militants in Lower Canada took up arms against the British Crownin 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 francophonemajority. 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 rebellion in Lower Canada, which is also known as the Patriots' War (la Guerre des patriotes), also gave French Canadians one of their first nationalist heroes in Louis-Joseph Papineau.

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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.

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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).

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Patriation Reference

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.”

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Commission of Inquiry on the Position of the French Language and on Language Rights in Québec (Gendron Commission)

The Commission of Inquiry on the Position of the French Language and on Language Rights in Québec (1969–1973) is a royal inquiry commission set up by the government under Jean-Jacques Bertrand. Noting the inequality between the English and French languages and the federal state’s hesitancy to take measures to encourage the independence and general development of the French Canadian population, the Gendron Commission elaborated a series of recommendations which led to the adoption of the Language Acts in 1974 and 1977 (see Quebec Language Policy).

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Province of Canada (1841-67)

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) recommended the guidelines to create the new colony with the Act of Union. 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 the Province was dissolved to make way for Confederation in 1867. Canada West then became Ontario and Canada East became Quebec. The Province of Canada was a 26-year experiment in anglophone-francophone political cooperation. During this time, responsible government came to British North America and expanded trade and commerce brought wealth to the region. Leaders such as Sir John A. Macdonald, Sir George-Étienne Cartier and George Brown emerged and Confederation was born.

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