Rights Revolution in Canada (Medium)
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These questions are based on the real citizenship test taken by newcomers on the path to citizenship.
Section 33 of the Canadian Charter of Rights and Freedoms is known as the notwithstanding clause. Also known as the override clause, it is part of the Constitution of Canada. The clause allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. These overrides are subject to renewal after five years. Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government has never invoked the clause.
The question of what it means to be a Canadian has been a difficult and much debated one. Some people see the question itself as central to that identity. Canadians have never reached a consensus on a single, unified conception of the country. Most notions of Canadian identity have shifted between the ideas of unity and plurality. They have emphasized either a vision of “one” Canada or a nation of “many” Canadas. A more recent view of Canadian identity sees it as marked by a combination of both unity and plurality. The pluralist approach sees compromise as the best response to the tensions — national, regional, ethnic, religious and political — that make up Canada.
Diane Helen Jones Konihowski, OC, pentathlete, administrator (born 7 March 1951 in Vancouver, BC). Diane Jones Konihowski won gold medals for Canada in women’s pentathlon at the 1975 and 1979 Pan American Games and at the 1978 Commonwealth Games in Edmonton. She was considered the gold-medal favourite for the 1980 Olympic Summer Games in Moscow, which Canada boycotted. She also served as director of the Canadian Olympic Committee and as Canada’s chef de mission at the 2000 Olympic Summer Games in Sydney. A winner of the Bobbie Rosenfeld Award as Canada’s top female athlete and an Officer of the Order of Canada, Jones Konihowski has been inducted into the Saskatchewan Sports Hall of Fame, the Alberta Sports Hall of Fame and Museum, the Canadian Olympic Hall of Fame and Canada’s Sports Hall of Fame.
Nancy Catherine “Tiger” Greene Raine, OC, OBC, alpine skier (born 11 May 1943 in Ottawa, ON). Olympic gold medallist Nancy Greene was named Canada’s best female athlete of the 20th century by the Canadian Press. A two-time World Cup alpine skiing champion, Greene competed in slalom, giant slalom and downhill. Her fierce and aggressive style earned her the nickname “Tiger.” Her 13 World Cup victories are the most ever by a Canadian. Greene received the Lou Marsh Trophy as Canada’s athlete of the year in 1967 and 1968. She retired from skiing at the age of 24 and later became a member of the Senate of Canada (2009–18). She has been inducted into Canada’s Sports Hall of Fame, the British Columbia Sports Hall of Fame and Museum, the Canadian Ski Hall of Fame, the US Ski and Snowboarding Hall of Fame and Canada’s Walk of Fame.
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.
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.)
Pierre Elliott Trudeau, PC, CC, CH, FRSC, prime minister of Canada 1968–79 and 1980–84, politician, writer, constitutional lawyer (born 18 October 1919 in Montreal, QC; died 28 September 2000 in Montreal). A charismatic and controversial figure, Pierre Trudeau was arguably Canada’s best-known politician, both at home and abroad. He introduced legal reforms in his quest to make Canada a more “just society,” and made Canada officially bilingual with the Official Languages Act of 1969. He negotiated Canada’s constitutional independence from Britain and established a new Canadian Constitution with an entrenched Charter of Rights and Freedoms. He played an important role in defeating the Quebec separatist movement of the 1970s and 1980s; although his decision to invoke the War Measures Act in response to the 1970 October Crisis drew sharp criticism. His federalist stance as well as his language and economic policies alienated many in Canada; particularly in the West. His eldest son, Justin Trudeau, became leader of the Liberal Party in 2013 and prime minister in 2015.
As the hunt for two teens suspected of murdering three tourists in BC intensified, Indigenous rights advocates openly questioned why such extensive resources are not utilized in cases of murdered and missing Indigenous women and girls. In response to the killing of three tourists in Northern BC, which drew international attention, the RCMP coordinated a search that involved different police forces and the Canadian Armed Forces. Armoured vehicles, drones, K9 units, all-terrain vehicles, boats and military and civilian aircraft were utilized. “It is a little bit eyebrow-raising because of the different response,” said Sheila North, a former grand chief. “Families that do their own searches are feeling a little bit let down and not respected in the same way as these other families are.”
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).
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.
Residential Schools is a three-part podcast series created by Historica Canada and hosted by Shaneen Robinson-Desjarlais. It aims to commemorate the history and legacy of residential schools, and honour the stories of First Nations, Métis, and Inuit Survivors, their families, and communities. The series is part of a larger awareness campaign created by Historica Canada and funded by the Government of Canada. Along with the podcast, Historica also offers a video series, an education guide, and several new entries on The Canadian Encyclopedia about the history and legacy of residential schools.
The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of Canada’s 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. It has expanded the rights of minorities and criminal defendants, transformed the nature and cost of criminal investigations and prosecutions, and subjected the will of Parliament and the legislatures to judicial scrutiny — an ongoing source of controversy.
Adolphus Egerton Ryerson, Methodist minister, educator (born 24 March 1803 in Charlotteville Township, Norfolk County, Upper Canada; died 18 February 1882 in Toronto, Ontario). Egerton Ryerson was a leading figure in education and politics in 19th century Ontario. He was born into a prominent Anglican, Loyalist family. He converted to Methodism and was ordained in 1827 in the Methodist Episcopal Church. He helped found and edit the Christian Guardian (1829), founded Upper Canada Academy (1836) and became the first principal of Victoria College (1841). He was known as a supporter of religious freedom and as the founder of the public education system in Ontario. Ryerson University was named in honour. However, his role in the development of residential schools has led to calls for the university to be renamed.
Carbon pricing refers to a cost that is imposed on the combustion of fossil fuels used by industry and consumers. Pricing can be set either directly through a carbon tax or indirectly through a cap-and-trade market system. A price on carbon is intended to capture the public costs of greenhouse gas (GHG) emissions and shift the burden for damage back to the original emitters, compelling them to reduce emissions. In 2016, Prime Minister Justin Trudeau announced a national climate change policy that includes a system of carbon pricing across Canada. Provinces can either create their own systems to meet federal requirements or have a federal carbon tax imposed on them. Nine provinces and territories have their own carbon pricing plans that meet federal requirements. Ottawa has imposed its own carbon tax in Alberta, Saskatchewan, Manitoba and Ontario.
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.”
When Canada declared war on Germany on 10 September 1939, tens of thousands of Canadians enlisted to serve in the army, navy, air force and supporting services. The military scrambled to buy equipment, train recruits and prepare for war. Little thought was given, at first, to documenting the war effort. By 1940, however, the military was recruiting historians, most notably Charles Stacey, to collect records and write accounts of Canadian operations. In the following years, artists, photographers and filmmakers also served with the various branches of the armed forces. Today, their diligent work provides a rich visual and written catalogue of Canada’s history in the Second World War.
The Canadian Bill of Rights was the country’s first federal law to protect human rights and fundamental freedoms. It was considered groundbreaking when it was enacted by the government of John Diefenbaker in 1960. But it proved too limited and ineffective, mainly because it applies only to federal statutes and not provincial ones. Many judges regarded it as a mere interpretive aid. The bill was cited in 35 cases between 1960 and 1982; thirty were rejected by the courts. Though it is still in effect, the Bill of Rights was superseded by the Canadian Charter of Rights and Freedoms in 1982.
“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”
Joseph-Jacques Jean Chrétien, CC, PC, OM, QC, prime minister of Canada 1993–2003, lawyer, author, politician (born 11 January 1934 in Shawinigan, QC). Lawyer and longtime parliamentarian Jean Chrétien was Canada’s 20th prime minister. Early in his political career, Chrétien helped negotiate the patriation of the Canadian constitution as well as the Canadian Charter of Rights and Freedoms. As Prime Minister, he led the federal government to its first surplus in nearly 30 years. However, his administration also presided over a costly sponsorship program in Quebec that sparked one of the worst political scandals of modern times. His government committed Canadian forces to the Kosovo conflict (1999) and to the war in Afghanistan (beginning in 2002). Chrétien publicly refused to provide direct support for the subsequent American war in Iraq. The recipient of numerous honours and awards, he is involved in several international organizations dedicated to peace, democracy and other global concerns.