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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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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...

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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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Constitutional Act, 1791

The Constitutional Act, 1791 was an act of the British Parliament. Also known as the Canada Act, it divided the Province of Quebec into  Upper Canada and Lower Canada. The Act was a first step on the long path to Confederation, but its rigid colonial structures also set the stage for rebellion in the Canadas. (See Rebellions of 1837–38.) The Act was also notable for giving women who owned property in Lower Canada the right to vote — a high level of inclusion by the standards of the time.

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Constitutional Act 1791 Document

Constitutional Act, 1791: DocumentSelected text of the Constitutional Act, 1791: an amendment of the Quebec Act designed to apply the British constitution as nearly as possible to colonial conditions without affecting the guaranteed rights of French Canadians. Note should be taken of the failure to define the role of the Executive Council and the ambiguity of the provisions for the Clergy Reserves. (What was meant by a "Protestant" clergy?) These flaws in the Act...

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Constitutional History 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 legal document. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution has been in constant evolution from colonial times to the present day. The story of the Constitution is the story of Canada itself. It reflects the shifting legal, social and political pressures facing Canadians, as well as their choices as a society.

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Convention of 1818

The Convention of 1818 was a treaty between the United States and Britain that set the 49th parallel as the boundary between British North America and the US across the West.

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Copperware

Copperware, usually of sheet COPPER, hand-formed and soldered, was in common use for cooking vessels from the late 18th century.

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Cornwallis Statue

A statue of Edward Cornwallis, the colonial founder of Halifax, was erected in the city’s downtown in 1931 as a celebration of British settlement. It later became an object of controversy in the midst of a growing public debate about Cornwallis’s treatment of the Mi’kmaq people.

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Corridart (1976)

Corridart dans la rue Sherbrooke was an exhibit of installation artworks organized by Melvin Charney and commissioned for the 1976 Olympic Summer Games in Montreal. The exhibit stretched for several kilometres along Sherbrooke Street. It comprised 16 major installations, about 80 minor installations, and several small performance venues and related projects. It was funded by the Quebec culture ministry and was intended as an international showcase for Quebec artists. But roughly a week after it was unveiled, Montreal mayor Jean Drapeau had the exhibit destroyed on the grounds that it was obscene. Most of the artists involved did not recover their works. Drapeau never apologized and subsequent legal actions dragged on for more than a decade. Given the size, scope and budget of the exhibit, the dismantling of Corridart might be the single largest example of arts censorship in Canadian history.

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Council of Twelve

 The Council of Twelve was established 1719 in Nova Scotia to advise the governor, deliberate on bills in the legislature's upper house and act as a civil court of appeal. Councillors were appointed by the governor and served for life. Until the 1750s the council was dominated by military officers.

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Coureurs des bois

Coureurs des bois were itinerant, unlicenced fur traders from New France. They were known as “wood-runners” to the English on Hudson Bay and “bush-lopers” to the Anglo-Dutch of New York. Unlike voyageurs, who were licensed to transport goods to trading posts, coureurs des bois were considered outlaws of sorts because they did not have permits from colonial authorities. The independent coureurs des bois played an important role in the European exploration of the continent. They were also vital in establishing trading contacts with Indigenous peoples.

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Covenant Chain

The Covenant Chain is the name given to the complex system of alliances between the Haudenosaunee (also known as the Six Nations and Iroquois League) and Anglo-American colonies originating in the early 17th century. The first alliances were most likely between New York and the Kanyen'kehà:ka (Mohawk). These early agreements were referred to figuratively as chains because they bound multiple parties together in alliance. Today the Covenant Chain represents the long tradition of diplomatic relations in North America, and is often invoked when discussing contemporary affairs between the state and Indigenous peoples. (See also Treaties with Indigenous Peoples in Canada.)