Politics & Law | The Canadian Encyclopedia

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  • Article

    Competition Policy

    Competition policy refers to legislation used by the federal government to eliminate privately imposed restraints on trade and to encourage competition.

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    Comprehensive Land Claims: Modern Treaties

    Comprehensive land claims are modern-day treaties made between Indigenous peoples and the federal government. They are based on the traditional use and occupancy of land by Indigenous peoples who did not sign treaties and were not displaced from their lands by war or other means. These claims, which are settled by negotiation, follow a process established by the federal government to enable First Nations, Inuit and Métis to obtain full recognition as the original inhabitants of what is now Canada. Settlement of these claims comprises a variety of terms including money, land, forms of local government, rights to wildlife, rights protecting language and culture, and joint management of lands and resources. Treaties are constitutionally protected, mutually binding agreements. Those signed by Indigenous peoples between 1701 and 1923 are commonly referred to as historic treaties, and modern treaties refer to those agreements negotiated since then.

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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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    Confidentiality

    The duty which requires physicians to keep the information they receive from their patients confidential is well established in Canadian common law, health care legislation and professional codes of conduct.

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  • Article

    Conflict of Interest

    Conflict of interest may be defined as a situation in which politicians and public servants have an actual or potential interest (usually financial) that may influence or appear to influence the conduct of their official duties (see PATRONAGE; CORRUPTION).

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  • Article

    The Conquest of New France

    The Conquest (La Conquête) is a term used to describe the acquisition of Canada by Great Britain during the Seven Years’ War. It also refers to the resulting conditions experienced by Canada’s 60,000 to 70,000 French-speaking inhabitants and numerous Indigenous groups. French forces at Quebec City surrendered to British forces on 18 September 1759, a few days after the crucial Battle of the Plains of Abraham. French resistance ended in 1760 with the capitulation of Montreal. In 1763, the Treaty of Paris surrendered New France to Britain. The Royal Proclamation of 1763 introduced assimilative policies that ultimately failed. They were replaced by the provisions of the Quebec Act of 1774. Although it helped spark the American Revolutionary War (1775–83), the Act also granted Canadians enviable conditions that resulted in generations of relative stability.

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    Conscription in Canada

    Conscription is the compulsory enlistment or “call up” of citizens for military service. It is sometimes known as “the draft.” The federal government enacted conscription in both the First World War and the Second World War. Both instances created sharp divisions between English Canadians, who tended to support the practice, and French Canadians, who generally did not. Canada does not currently have mandatory military service. The Canadian Armed Forces are voluntary services.

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  • Article

    Conscription in Canada (Plain-Language Summary)

    Conscription is the drafting of people for mandatory military service. Canadians have been conscripted twice in history. Both times, only males were conscripted. The first time was during the First World War. The second time was during the Second World War. Conscription was an issue that divided Canada. Most English-speaking Canadians supported it. Most French-speaking Canadians opposed it. (This article is a plain-language summary of Conscription in Canada. If you are interested in reading about this topic in more depth, please see the full-length entry.)

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  • Article

    Conservatism

    The range of beliefs among those who call themselves conservatives in Canada is wide. Some, like the policy analysts of the Fraser Institute or like Stephen HARPER, the leader of the CANADIAN ALLIANCE, believe in a policy agenda of lower taxes, greater deregulation and increased privatization.

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    Conservative Party

    The Conservative Party was the founding political party of Canada, governing for the first 29 years after Confederation. Since then, the party has not been as electorally successful as its rival Liberals. The Conservatives have had periods in power and long periods in opposition. The party has been most successful when it was able to assemble a national coalition of anglophone conservatives from the West and Ontario, and nationalists from Quebec. The party is currently led by Pierre Poilievre.

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    Constitution of Canada

    The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one document; it is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. In the words of the Supreme Court of Canada, “Constitutional convention plus constitutional law equal the total constitution of the country.” The Constitution provides Canada with the legal structure for a stable, democratic government.

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  • Article

    Constitution Act, 1867

    The Constitution Act, 1867 was originally known as the British North America Act (BNA Act). It was the law passed by the British Parliament on 29 March 1867 to create the Dominion of Canada. It came into effect on 1 July 1867. The Act is the foundational document of Canada’s Constitution. It outlines the structure of government in Canada and the distribution of powers between the central Parliament and the provincial legislatures. It was renamed the Constitution Act, 1867 with the patriation of the Constitution in 1982.

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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.)

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    Constitution Act 1982 Document

    Constitution Act, 1982: DocumentPart I, Canadian Charter of Rights and FreedomsWhereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Fundamental Freedoms 2. Everyone has the...

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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 patriate and 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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