Browse "Legislation"

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Article

Potlatch Ban

From 1885 to 1951, the Indigenous ceremony known as the Potlatch was banned by the federal government of Canada. The government justified their decision to ban the Potlatch because they believed it was preventing the assimilation of Indigenous Peoples. Today, this ban is recognized as an aspect of cultural genocide (see Genocide and Indigenous Peoples in Canada). Though the Potlatch was illegal during this period of time, the ban was only ever sporadically enforced. This was in part a result of the vagueness of the wording of the law. The law was rewritten and prosecutions increased. In 1922, Indian agents, aided by police, arrested individuals who had participated in a Potlatch held in the community of ʼMimkwa̱mlis. They arrested 45 people. Ultimately, this resulted in imprisonment and the confiscation of hundreds of precious ceremonial objects.
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Article

The 1969 Amendment and the (De)criminalization of Homosexuality

From the earliest days of colonization to 1969, sodomy laws made sex between men illegal in Canada. In addition, a law enacted in 1892 made “gross indecency” between men illegal. This included anything that indicated same-sex attraction, including simple touching, dancing and kissing. The law was extended to women in 1953. In 1969, however, sodomy and gross indecency laws were changed, making such acts legal under some circumstances. The parties involved had to be 21 years of age or older and conduct their affairs in private. Sodomy and gross indecency remained illegal outside of the home or if three or more individuals were involved or present. Thus, Canada’s Criminal Code continued to equate homosexuality with criminal behaviour under many circumstances.
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Article

The White Paper, 1969

The White Paper, 1969 (formally known as the “Statement of the Government of Canada on Indian Policy, 1969”) was a Canadian government policy paper that attempted to abolish previous legal documents relating to Indigenous peoples in Canada, including the Indian Act and treaties. It also aimed to remove separate legal status for all “Indian” peoples under the Canadian state. The White Paper, 1969 was proposed by Minister of Indian Affairs and Northern Development Jean Chrétien and Prime Minister Pierre Elliott Trudeau. It met widespread criticism from Indigenous leaders across Canada. The backlash to the White Paper, 1969 was monumental, leading not only to its withdrawal in 1970, but to a wave of activism, academic work and court decisions over the next five decades. (See also Indigenous Political Organization and Activism in Canada.)
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Article

Uniform Law Conference of Canada

Uniform Law Conference of Canada was created with the object of promoting uniformity of legislation throughout Canada in areas of the law where that is desirable. It does this through the development of model legislation that it recommends for adoption by the provinces and territories.
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United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an international human rights instrument adopted by the United Nations (UN). It provides comprehensive details about the nature and content of Indigenous rights. It sets out the obligations of countries in relation to these rights. In 2021, the federal government passed the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA). According to the Supreme Court of Canada, this Act means the UNDRIP is now “incorporated into the country’s domestic positive law.” As such, it is certain that the UNDRIP impacts Canadian law, though exactly how is yet to be fully clarified by the Supreme Court of Canada.
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Voting Rights

The right to vote in Canada has not been straightforward. Race, ethnicity, and gender were often factors in determining who had the right to vote, a right that, once earned, could be taken away. Learn about the complicated history of Voting Rights in Canada.
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Article

White Paper

A government white paper is a Cabinet-approved document that explains a political issue and proposed legislation to address it. The purpose of a white paper is to introduce a new government policy to test the public’s reaction to it. The name derives from the custom of binding the document in white paper, rather than using a cover page. White papers are different from green papers, which seek public reaction not to new policy but to more general proposals. The most controversial white paper in Canada was issued in 1969; it sought to redefine the relationship between the federal government and Indigenous peoples. (See The 1969 White Paper.)
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Article

White Paper on Foreign Policy

A 6-volume review of foreign policy conducted 1968-70 by the Department of External Affairs (now FOREIGN AFFAIRS AND INTERNATIONAL TRADE) with the involvement of many other departments and agencies, invited academics, business people and others.
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