Search for "civil law"

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Ku Klux Klan

The Ku Klux Klan is an outlawed, racist, ultra-conservative, fraternal organization dedicated to the supremacy of an Anglo-Saxon, Protestant society.

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Citizenship

This page brings together resources on Canadian citizenship and civics. It is meant to provide readers with knowledge of how the Canadian political system came to be and how it works today. This collection is also designed to help those studying for Canada's citizenship test, or for those taking part in Historica Canada’s Citizenship Challenge program.

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Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

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Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

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Jody Wilson-Raybould

Jody Wilson-Raybould (“Puglaas” or “woman born of noble people” or “woman with integrity” in Kwak’wala), politician, lawyer (born 23 March 1971 in Vancouver, BC). Jody Wilson-Raybould is the independent MP for Vancouver Granville. She was federal minister of justice, attorney general and minister of veterans affairs in the government of Liberal Prime Minister Justin Trudeau. Prior to her career in federal politics, she was a BC crown prosecutor, regional chief of the Assembly of First Nations, and member of the BC Treaty Commission. As Canada’s first Indigenous justice minister, Wilson-Raybould introduced groundbreaking legislation, including Bill C-14 on medically assisted dying, C-16 on gender identity and human rights, and C-45, The Cannabis Act. She has helped to build bridges between First Nations communities and the Canadian government and is committed to helping Indigenous peoples seek self-government and gain equality in education, health care and legal rights.

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Maggie Vail Murder Case

In September 1869, berry pickers in Saint John, New Brunswick, discovered the remains of an adult and a child hidden in some bushes. The bodies were soon identified as belonging to Sarah Margaret “Maggie” Vail and her infant daughter, Ella May. Later that month, architect John A. Munroe was charged with the murder of Vail, with whom he had an affair. Although his lawyer argued that Munroe was incapable of murder given his education and social standing — an early example of the “character” defence — he was convicted in December 1869. Munroe eventually confessed to the murders and was executed in February 1870.

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Métis Scrip in Canada

Scrip is any document used in place of legal tender, for example a certificate or voucher, where the bearer is entitled to certain rights. In 1870, the Canadian government devised a system of scrip — referred to as Métis (or “half-breed”) scrip — that issued documents redeemable for land or money. Scrip was given to Métis people living in the West in exchange for their land rights. The scrip process was legally complex and disorganized; this made it difficult for Métis people to acquire land, yet simultaneously created room for fraud. In March 2013, the Supreme Court of Canada ruled that the federal government failed to provide the Métis with the land grant they were promised in the Manitoba Act of 1870. Negotiations between various levels of government and the Métis Nation concerning the reclamation of land rights continue.

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American Civil War and Canada

The American Civil War (1861–65) was fought between the northern (Union) states and the southern (Confederate) states, which withdrew from the United States in 1860–61. The war left cities in ruins, shattered families and took the lives of an estimated 750,000 Americans. The war also involved those living in what is now Canada, including roughly 40,000 who joined the fight. The war played a significant role in how and when Canada became an independent country.

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Viola Desmond

Viola Irene Desmond (née Davis), businesswoman, civil rights activist (born 6 July 1914 in Halifax, NS; died 7 February 1965 in New York, NY). Viola Desmond built a career and business as a beautician and was a mentor to young Black women in Nova Scotia through her Desmond School of Beauty Culture. In 1946, Viola Desmond challenged racial discrimination when she refused to leave the segregated Whites-only section of the Roseland Theatre in New Glasgow, Nova Scotia. Viola Desmond was arrested, jailed overnight and convicted without legal representation for an obscure tax offence as a result. Despite the efforts of the Nova Scotian Black community to assist her appeal, Viola Desmond was unable to remove the charges against her and went unpardoned in her lifetime. Desmond’s courageous refusal to accept an act of racial discrimination provided inspiration to later generations of Black persons in Nova Scotia and in the rest of Canada. In 2010, Lieutenant-Governor Mayann Francis issued Desmond a free pardon. In December 2016, the Bank of Canada announced that Viola Desmond would be the first Canadian woman to be featured by herself on the face of a banknote — the $10 note released on 19 November 2018. Viola Desmond was named a National Historic Person by the Canadian government in 2018.

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Daniels Case

On 14 April 2016, the Supreme Court of Canada ruled in Daniels v. Canada that the federal government, rather than provincial governments, holds the legal responsibility to legislate on issues related to Métis and Non-Status Indians. In a unanimous decision, the court found that Métis and Non-Status peoples are considered Indians under section 91(24) of the Constitution Act, 1867 — a section that concerns the federal government’s exclusive legislative powers. Recognition as Indians under this section of law is not the same as Indian Status, which is defined by the Indian Act. Therefore, the Daniels decision does not grant Indian Status to Métis or Non-Status peoples. However, the ruling could result in new discussions, negotiations and possible litigation with the federal government over land claims and access to education, health programs and other government services.

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Korean War

The Korean War began 25 June 1950, when North Korean armed forces invaded South Korea. The war’s combat phase lasted until an armistice was signed 27 July 1953. As part of a United Nations (UN) force consisting of 16 countries, 26,791 Canadian military personnel served in the Korean War, during both the combat phase and as peacekeepers afterward. The last Canadian soldiers left Korea in 1957. After the two world wars, Korea remains Canada’s third-bloodiest overseas conflict, taking the lives of 516 Canadians and wounding more than 1,200. The two Koreas remain technically at war today.

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Cannabis Legalization in Canada

Cannabis, also known as marijuana (among countless other names), is a psychoactive intoxicant that was banned in Canada from 1923 until medical cannabis became legal in 2001. The consumption and sale of recreational cannabis was legalized and regulated on 17 October 2018, after Parliament passed Bill C-45, the Cannabis Act. Legalization was supported by a majority of Canadians, despite concerns about the drug’s addictiveness and health effects, especially among young people.

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Ted King

Theodore “Ted” Stanley King, civil rights activist, real estate broker, accountant, railway porter (born 14 July 1925 in Calgary; died 7 July 2001 in Surrey, BC). Ted King was the president of the Alberta Association for the Advancement of Coloured People from 1958 to 1961, where he advocated for the rights of Black Canadians. In 1959, King launched a legal challenge against a Calgary motel’s discriminatory policy, decades before human rights protections existed throughout Canada. The case made it to the Alberta Supreme Court. Though it was not successful, King’s case exposed legal loopholes innkeepers exploited in order to deny lodging to Black patrons.

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Powley Case

R. v. Powley was a legal case concerning Métis hunting rights in Canada. In 1993, the province of Ontario charged Steve and Roddy Powley with illegal hunting. The Powleys disputed their conviction, arguing that the Aboriginal rights enshrined in section 35 of the Constitution Act, 1982 protected their hunting rights as Métis people. The case concluded in 2003, when the Supreme Court of Canada ruled that the Powleys were, in fact, exercising lawful Métis hunting rights. The Powley case established criteria on who can legally qualify for Métis rights. It outlined 10 specific criteria, known as the Powley Test, which applies to Métis communities across Canada. The case also clarified that the Métis are a distinct people, separate from First Nations and Inuit peoples in Canada. Some legal experts believe the Powley case might lead to expanded Métis rights, including harvesting and fishing rights and possibly self-government.

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Organized Crime in Canada

Organized Crime is defined in the Criminal Code of Canada as a group of three or more people whose purpose is the commission of one or more serious offences that would "likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group." But perhaps a more succinct definition was given by a former United States mob boss who described it as "just a bunch of people getting together to take all the money they can from all the suckers they can."

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Human Rights

Human rights are rights that we all have by virtue of our shared humanity. Depending on the nature of the right, both individuals and groups can assert human rights. The realization of human rights is a constant struggle on the part of people who suffer injustices and who seek redress.

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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.