Misplaced Pages

#90909

114-666: Before Canadian Confederation , the lands of northern Quebec had been a part of Rupert's Land – the territory administered by the Hudson's Bay Company as part of the charter it received from King Charles II in 1670. In 1870, Rupert's Land was ceded to Canada , and in 1895 the region between the then-province of Quebec and the Hudson Strait became the District of Ungava of the Northwest Territories . In 1898,

228-417: A "liberal order" in northern North America. Many Canadian historians have adopted McKay's liberal order framework as a paradigm for understanding Canadian history. In 2008, historian Andrew Smith advanced a very different view of Confederation's ideological origins. He argues that in the four original Canadian provinces, the politics of taxation were a central issue in the debate about Confederation. Taxation

342-606: A Father of Confederation. As well, Joey Smallwood referred to himself as "the Last Father of Confederation" because he helped lead Newfoundland into the union in 1949. All the former colonies and territories that became involved in the Canadian Confederation on July 1, 1867, were initially part of New France , and were once ruled by France . Nova Scotia was granted in 1621 to Sir William Alexander under charter by James I . This claim overlapped

456-406: A battle between a staunch individualist economic philosophy and a comparatively collectivist view of the state's proper role in the economy. According to Smith, the victory of the statist supporters of Confederation over their anti-statist opponents prepared the way for John A. Macdonald 's government to enact the protectionist National Policy and to subsidize major infrastructure projects such as

570-659: A champagne lunch on board the Victoria where Mr. McGee's wit sparkled brightly as the wine), they carried the Lower Province delegates a little off their feet." The delegates from the Quebec conference considered if the resolutions would be better suited for acceptance if a popular vote were held on them. However, due to the divide amongst religious groups and general mistrust between areas in Canada, they believed that such

684-642: A colony. Since the British North America Act was an Imperial statute extending to Canada, any Canadian law violating the BNA Act was inoperative. Although there was no express provision giving the courts the power to decide that a Canadian law violated the BNA Act and was therefore inoperative, this power was implicit in s. 2 of the Colonial Laws Validity Act , which established the priority of statutes to be applied by

798-538: A conference of first ministers (i.e. provincial premiers) to discuss the amendment and invite "representatives of the aboriginal peoples of Canada" to discuss the amendment. Section 35.1 was added to Part II of the Constitution Act, 1982 in 1983. Section 35.1 was invoked in the negotiations that led to the Charlottetown Accord , which would have greatly expanded aboriginal rights and recognized

912-728: A local government for each of the villages in Inuit territory north of the 55th parallel. The name of the Northern Villages also commonly known as "NV" is "The Municipality of ___________". They are: Kuujjuaraapik, Umiujaq, Inukjuaq, Puvirnituq, Akulivik, Ivujivik, Salluit, Kangirsujuaq, Quartaq, Kangirsuk, Aupaluk, Tasiujaq, Kuujjuaq, Kangirsualujjuaq. The services from the municipal office are health and hygiene, town planning and land development, public services, traffic and transportation, recreation and culture. For an example, they provide daily water deliveries, sewage disposals/lagoons, run

1026-523: A provincial legislature can repeal such a law. Before the 1982 Act came into effect, the British North America Act, 1867 (now known as the Constitution Act, 1867 ) had been the supreme law of Canada. The supremacy of the 1867 Act had originally been established by virtue of s. 2 of the Colonial Laws Validity Act , a British Imperial statute declaring the invalidity of any colonial law that violated an Imperial statute extending to

1140-487: A right to self-government. Various other sections of Part V lay out such things as compensation for opting out, when and how a province may opt out of a constitutional amendment, and time limits for achieving a constitutional amendment. The act also amended the division of powers by adding the natural resources amendment to the Constitution Act, 1867 . The new provisions, section 92A and the Sixth Schedule , gave

1254-626: A vote would be defeated. Thus, they went ahead with the resolutions on their own volition. After returning home from the Charlottetown Conference, Macdonald asked Viscount Monck , the Governor-General of the Province of Canada to invite delegates from the three Maritime provinces and Newfoundland to a conference with United Canada delegates. At the opening of the conference, a total of 33 delegates were included from

SECTION 10

#1732793917091

1368-474: Is eligible to vote. The NRBSS is an organization dedicated to improving the health and well-being of the populations in its territory. Its overall mission is to adapt the health and social service programs to the population's needs and to the region's realities. It ensures the organization and efficient use of resources granted to the Nunavik region. (presentation made by NRBHSS) It was created in 1995. Each of

1482-401: Is known Cartier and Macdonald presented arguments in favour of a union of the three colonies, Alexander Tilloch Galt presented the Province of Canada's proposals on the financial arrangements of such a union, and George Brown presented a proposal for what form a united government might take. The Canadian delegation's proposal for the governmental system involved: Other proposals attractive to

1596-510: Is of the utmost importance to have that principle recognized so that we shall have a sovereign who is placed above the region of party—to whom all parties look up; who is not elevated by the action of one party nor depressed by the action of another; who is the common head and sovereign of all. Following the Quebec Conference, the Province of Canada's legislature passed a bill approving the union. The union proved more controversial in

1710-476: Is often considered to be among the world's more decentralized federations. Use of the term confederation arose in the Province of Canada to refer to proposals beginning in the 1850s to federate all of the British North American colonies, as opposed to only Canada West (now Ontario) and Canada East (now Quebec). To contemporaries of Confederation, the con- prefix indicated a strengthening of

1824-648: Is the remnants of the Hudson's Bay Company 's Columbia District and New Caledonia District following the Oregon Treaty . Before joining Canada in 1871, British Columbia consisted of the separate Colony of British Columbia (formed in 1858, in an area where the Crown had granted a monopoly to the Hudson's Bay Company), and the Colony of Vancouver Island (formed in 1849) constituting a separate crown colony until it

1938-482: Is too vague. Since the courts would not be of much use in interpreting the section, the section was nearly amended in 1992 with the Charlottetown Accord to make it enforceable. The Accord never came into effect. These two parts provided for constitutional conferences within certain time limits. Once the conferences were held, the two parts were repealed. Subsection 52(3) of the Constitution Act, 1982 requires constitutional amendments to be made in accordance with

2052-906: The 49th parallel as the border with the United States from the Great Lakes to the Rocky Mountains in Western Canada. Following the Rebellions of 1837 , Lord Durham in his Durham Report , recommended Upper and Lower Canada be joined as the Province of Canada and the new province should have a responsible government . As a result of Durham's report, the British Parliament passed the Act of Union 1840 , and

2166-545: The Alaska Purchase of March 30, 1867, which had been supported in the U.S. Senate (by Charles Sumner, among others) precisely in terms of taking the remainder of North America from the British. The American Civil War had also horrified Canadians and turned many from the thought of republicanism. In Britain, political pressure came from financiers who had lost money by investing in the failed Grand Trunk Railway and

2280-503: The British North America Act in Canadian law until the enactment of the Constitution Act, 1982 . Section 52(2) of the Constitution Act, 1982 defines the "Constitution of Canada." The Constitution of Canada is said to include: Section 52(2), in addition to containing many Imperial Statutes, contains eight Canadian statutes, three of which created the provinces of Alberta, Manitoba and Saskatchewan, and five of which were amendments to

2394-517: The Confederation). The term is also used to divide Canadian history into pre-Confederation and post-Confederation periods. The original Fathers of Confederation are those delegates who attended any of the conferences held at Charlottetown and Quebec in 1864 or in London, United Kingdom, in 1866, leading to Confederation. There were 36 original Fathers of Confederation; Hewitt Bernard , who

SECTION 20

#1732793917091

2508-612: The Constitution Act, 1867 and section 23 of the Manitoba Act , 1870 to mean that the English and French versions of federal, Quebec and Manitoba statutes are equal. Despite sections 56 and 57, significant portions of the Constitution of Canada were only enacted in English and even if there exist unofficial French translations, their English versions alone have force of law. To address this problem, section 55 requires that

2622-554: The Constitution Act, 1867 . The Canadian courts have reserved the right to add and entrench principles and conventions into the Constitution unilaterally. Although a court's ability to recognize human rights not explicitly stated in a constitution is not particularly unusual, the Canadian situation is unique in that this ability extends to procedural issues not related to human rights. In particular, in New Brunswick Broadcasting Co v Nova Scotia (Speaker of

2736-518: The Constitution Act, 1982 . The Charter is a bill of rights to protect certain political rights, legal rights and human rights of people in Canada from the policies and actions of all levels of government. An additional goal of the Charter is to unify Canadians around a set of principles that embody those rights. The Charter was preceded by the Canadian Bill of Rights , which was created by

2850-592: The Courrier du Canada . Two years later, Alexander Tilloch Galt , George-Étienne Cartier , and John Ross travelled to the United Kingdom to present the British Parliament with a project for confederation of the British colonies. The proposal was received by the London authorities with polite indifference. The royal tour of British North America undertaken by Queen Victoria's son, Prince Albert Edward (later King Edward VII ) in 1860, however, helped lead to

2964-498: The Dominion of Canada , on July 1, 1867. This process occurred in accordance with the rising tide of Canadian nationalism that was then beginning to swell within these provinces and others. Upon Confederation, Canada consisted of four provinces: Ontario and Quebec , which had been split out from the Province of Canada, and the provinces of Nova Scotia and New Brunswick. The province of Prince Edward Island , which had hosted

3078-525: The Intercolonial and Pacific Railways. In 2007, political scientist Janet Ajzenstat connected Canadian Confederation to the individualist ideology of John Locke . She argued that the union of the British North American colonies was motivated by a desire to protect individual rights, especially the rights to life, liberty, and property. She contends the Fathers of Confederation were motivated by

3192-672: The London Resolutions , the conference's decisions were forwarded to the Colonial Office . After breaking for Christmas, the delegates reconvened in January 1867 and began drafting the British North America Act . The 4th Earl of Carnarvon continued to have a central role in drafting the act at Highclere Castle alongside the first prime minister of Canada Macdonald, Cartier and Galt, who signed

3306-727: The Parliament of the United Kingdom give up its power to amend the Constitution of Canada. The enactment of the Canada Act 1982 by the British Parliament in March 1982 confirmed the Patriation of the Constitution and transferred to Canada the power of amending its own Constitution. On April 17, 1982, Queen Elizabeth II and Prime Minister Pierre Trudeau , as well as the Minister of Justice , Jean Chrétien , and André Ouellet ,

3420-652: The Registrar General , signed the Proclamation which brought the Constitution Act, 1982 into force. The proclamation confirmed that Canada had formally assumed authority over its constitution, the final step to full sovereignty. As of 2024 , the Government of Quebec has never formally approved of the enactment of the act, though the Supreme Court concluded that Quebec's formal consent

3534-590: The border of Quebec was extended north to the Eastmain River . Quebec continued to claim the remaining District of Ungava, north of the Eastmain River, and in 1912 the area was transferred to Quebec , subject to the condition that a treaty be negotiated with the Indigenous peoples of the region recognizing their cultural rights and surrendering their title to the land to Quebec and Canada. There

James Bay and Northern Quebec Agreement - Misplaced Pages Continue

3648-408: The little Englander philosophy fed a desire to withdraw troops from Britain's colonies. There is extensive scholarly debate on the role of political ideas in Canadian Confederation. Traditionally, historians regarded Canadian Confederation an exercise in political pragmatism that was essentially non-ideological. In the 1960s, historian Peter Waite derided the references to political philosophers in

3762-622: The Australian and British parliaments passed the Australia Act 1986 . The Australian High Court subsequently recognized that the Act established Australia as an independent country, making Britain a foreign power. New Zealand experienced a constitutional crisis in 1984 , which led to a desire for constitutional reform. The New Zealand Parliament patriated its own constitution in the Constitution Act 1986 . Unlike Canada, New Zealand already had

3876-623: The British North American Colonies, including Newfoundland, which had not participated in prior meetings. Monck obliged and the Conference went ahead at Quebec City in October 1864. The Conference began on October 10, 1864, on the site of present-day Montmorency Park. The Conference elected Étienne-Paschal Taché as its chairman, but it was dominated by Macdonald. Despite differences in the positions of some of

3990-464: The British government in London, where Brown received "a most gracious answer to our constitutional scheme". He also met with William Gladstone—who was then Chancellor of the Exchequer and, later, Prime Minister—"who agreed in almost everything". In April 1865, Brown, Macdonald, Cartier and Galt met with the government and found "the project of a federal union of the colonies was highly approved of by

4104-469: The Charlottetown Conference varied among the different newspapers. In the Maritimes, there was concern that the smooth Canadians with their sparkling champagne and charming speeches were outsmarting the delegates of the smaller provinces. "From all accounts it looks as if these [Canadian] gentlemen had it all their own way; ... and that, what with their arguments and what with their blandishments, (they gave

4218-542: The Charter provides that the guarantee of rights and freedoms in the Charter should not be understood to "abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada, including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763 ; and (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired." Section 36 enshrines in

4332-691: The Colonies ; the Prince's comments and critiques were later cited by both the Earl of Durham and participants of the Charlottetown and Quebec Conferences . Lord Durham presented his idea of unification in 1839 Report on the Affairs of British North America , which resulted in the Act of Union 1840. Beginning in 1857, Joseph-Charles Taché proposed a federation in a series of 33 articles published in

4446-537: The Constitution a value of equal opportunity for the Canadian people, economic development to support that equality, and government services available for public consumption. Subsection 2 goes further in recognizing a "principle" that the federal government should ensure equalization payments . Writing in 1982, Professor Peter Hogg expressed scepticism as to whether the courts could interpret and enforce this provision, noting its "political and moral, rather than legal" character. Other scholars have noted section 36

4560-406: The Crown and aboriginal peoples. Section 35 also provides protection of aboriginal title which protects the use of land for traditional practices. Subsection 35(2) provides that aboriginal and treaty rights extend to Indian , Inuit , and Métis peoples and subsection 35(4), which was added in 1983, ensures that they "are guaranteed equally to any male and female persons". Subsection 35(3), which

4674-721: The French claims to Acadia , and although the Scottish colony of Nova Scotia was short-lived, for political reasons, the conflicting imperial interests of France and the 18th century Great Britain led to a long and bitter struggle for control. The British acquired present-day mainland Nova Scotia by the Treaty of Utrecht of 1713 and the Acadian population was expelled by the British in 1755. They renamed Acadia "Nova Scotia", which included present-day New Brunswick . The rest of New France

James Bay and Northern Quebec Agreement - Misplaced Pages Continue

4788-610: The French version. Although the intention was presumably that the government of Canada would do so by introducing an amendment resolution in the House of Commons, a Senator or a provincial government could presumably do so since, under section 46, such amendments "may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province". The patriation of the Canadian constitution set an example for similar actions by Australia and New Zealand. In 1985 and 1986,

4902-556: The Government of Quebec, but the Inuit have exclusive hunting, fishing and trapping rights. Category II can be taken away by Quebec for the purpose of development but only with consent and compensation for the nearest village. Category III – Category III lands are everything not in Category I or Category II lands. Category III lands are owned by Quebec, and the government of Quebec can authorize development projects without consulting

5016-606: The Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada." No action has been taken to put forward the French version for enactment. The reference to a proclamation by the Governor-General implies that some combination of the general, unanimity and special arrangements procedures would be required to enact

5130-524: The House of Assembly) , the Supreme Court of Canada said that s. 52(2) was not an exhaustive listing of all that comprised the Constitution. The Court reserved the right to add unwritten principles to the Constitution, thereby entrenching them and granting them constitutional supremacy (in this case, they added parliamentary privilege to the Constitution). The Court did note, however, that

5244-657: The James Bay And Northern Quebec Agreement (French: La Convention de la Baie James et du Nord québécois ) – was signed on 11 November 1975. This convention originally only covered claims made by Quebec Cree and Inuit ; however, on 31 January 1978, the Naskapi of Quebec signed a parallel agreement – the Northeastern Quebec Agreement – and joined the institutions established under the 1975 accord. Negotiating

5358-521: The Maritime provinces, however, and it was not until 1866 that New Brunswick and Nova Scotia passed union resolutions, while Prince Edward Island and Newfoundland continued to opt against joining. In December 1866, sixteen delegates from the Province of Canada, New Brunswick, and Nova Scotia travelled to London, where the Earl of Carnarvon presented each to Queen Victoria in private audience , as well as holding court for their wives and daughters. To

5472-418: The Maritimes, when he had gone down earlier that summer with a trade mission of Canadian businessmen, journalists and politicians. George Brown remarked in a letter to his wife Anne that at a party given by the premier of PEI, Colonel John Hamilton Gray, he met a woman who had never been off the island in her entire life. Nevertheless, he found Prince Edward Islanders to be "amazingly civilized". Reaction to

5586-423: The Nova Scotian delegates, the Queen said, "I take the deepest interest in [Confederation], for I believe it will make [the provinces] great and prosperous." At meetings held at the Westminster Palace Hotel, the delegates reviewed and approved the 72 resolutions; although Charles Tupper had promised anti-union forces in Nova Scotia he would push for amendments, he was unsuccessful in getting any passed. Now known as

5700-494: The Province of Canada was formed in 1841. The new province was divided into two parts: Canada West (the former Upper Canada) and Canada East (the former Lower Canada). Governor General Lord Elgin granted ministerial responsibility in 1848, first to Nova Scotia and then to Canada. In the following years, the British would extend responsible government to Prince Edward Island (1851), New Brunswick (1854), and Newfoundland (1855). The area constituting modern-day British Columbia

5814-418: The Province of Canada. The Charlottetown Conference began on September 1, 1864. Since the agenda for the meeting had already been set, the delegation from the Province of Canada was initially not an official part of the Conference. The issue of Maritime Union was deferred and the Canadians were formally allowed to join and address the Conference. No minutes from the Charlottetown Conference survive, but it

SECTION 50

#1732793917091

5928-446: The Quebec government's approach to negotiations was "overt greed backed up by raw power". Another section Zebedee describes Quebec's attitude was; "In the status of our quo, we are the Bosses; we have legal authority over all land. You need our permission to attain any benefits from this land, over which we are "maitres chez nous". The James Bay and Northern Quebec agreement has been further modified by some 20 additional accords affecting

6042-492: The United States without taxes or tariffs, which was then considered to be beneficial for Canada) was cancelled by the United States in 1865, partly as revenge against Britain for unofficial support of the south in the American Civil War. Additionally, the U.S. doctrine of " manifest destiny " raised fears of another American invasion (Canadians had fended off American incursions during the Revolutionary War, War of 1812, Fenian raids , and St. Albans Raid ), only further inflamed by

6156-412: The acceptable compromise of giving Newfoundland four senators of its own when it joined. The delegates from the Maritimes also raised an issue with respect to the level of government—federal or provincial—that would be given the powers not otherwise specifically defined. Macdonald, who was aiming for the strongest central government possible, insisted this was to be the central government, and in this, he

6270-500: The centrist principle compared to the American federation. In this Canadian context, confederation describes the political process that united the colonies in 1867, events related to that process, and the subsequent incorporation of other colonies and territories. The word is now often used to describe Canada in an abstract way, such as in "the Fathers of Confederation"; provinces that became part of Canada after 1867 are also said to have joined, or entered into, Confederation (but not

6384-450: The constitution, introducing several amendments to the British North America Act, 1867 , including re-naming it the Constitution Act, 1867 . In addition to patriating the Constitution, the Constitution Act, 1982 enacted the Canadian Charter of Rights and Freedoms ; guaranteed rights of the Aboriginal peoples of Canada; entrenched provincial jurisdiction over natural resources; provided for future constitutional conferences; and set out

6498-500: The contemporary governmental structure in the Province of Canada and distrust between English Protestants and French Catholics. Further, demographic pressure from an expanding population and economic nationalism wanting economic development butted against a lack of an inter-colonial railroad, which hampered trade, military movement, and transportation in general. Externally, the Canadian–American Reciprocity Treaty (a free trade policy, starting in 1854, whereby products were allowed into

6612-475: The continent that would become modern Canada had been in Newfoundland which would not join Confederation until 1949. The Society of Merchant Venturers of Bristol began to settle Newfoundland and Labrador at Cuper's Cove as far back as 1610, and Newfoundland had also been the subject of a French colonial enterprise . In the wake of the American Revolution , an estimated 50,000 United Empire Loyalists fled to British North America . The British created

6726-411: The courts. In 1931, the British Parliament enacted the Statute of Westminster, 1931 . This Act provided that the Colonial Laws Validity Act no longer applied to the British Dominions , including Canada. However, it provided that Canada could not amend the British North America Act , which remained subject to amendment only by the British Parliament. This provision maintained the supremacy of

6840-423: The delegates decided to hold a second Conference. One of the most important purposes of the Charlottetown Conference was the introduction of Canadians to the leaders from the Maritime Provinces and vice versa. At this point, there was no railway link from Quebec City to Halifax, and the people of each region had little to do with one another. Thomas D'Arcy McGee was one of the few Canadian delegates who had been to

6954-512: The delegates on some issues, the Quebec Conference, following so swiftly on the success of the Charlottetown Conference, was infused with a determinative sense of purpose and nationalism . For the Reformers of Canada West, led by George Brown, the end of what they perceived as French-Canadian interference in local affairs was in sight. For Maritimers such as Tupper of Nova Scotia or Tilley of New Brunswick, horizons were suddenly broadened to take in much larger possibilities for trade and growth. On

SECTION 60

#1732793917091

7068-442: The extent of the inconsistency, of no force or effect." A law that is inconsistent with the Constitution is theoretically of no force or effect from the moment it is made. In practical terms, however, such a law is not seen to be invalid until a court declares it to be inconsistent with the provisions of the Constitution. The executive cannot enforce a law that a court has declared to be without force or effect. But only Parliament or

7182-487: The federal Minister of Justice prepare "a French version of the…Constitution of Canada as expeditiously as possible." The Minister of Justice established a French Constitution Drafting Committee in 1984, which prepared French versions of the Constitution, and presented them to the Minister in 1990. Section 55 also requires that "when any portion thereof sufficient to warrant action being taken has been so prepared, it shall but put forward for enactment by proclamation issued by

7296-438: The fire departments, organize recreational/cultural activities, maintain the roads, garbage removal/disposal, lighting, heating, power and snow removal. It is a public government meaning anyone, Inuk or non-Inuk, could run for municipal office. Any Canadian citizen, ordinarily a resident of the village for at least thirty-six months, who has no municipal debts, no contracts with nor working for a NV, no convictions of any crime under

7410-435: The first Canada-Indigenous treaty since the 1920s, it bears little resemblance to previous treaties but has become the prototype of the many agreements made since then. It established a number of provisions, principally in the following areas: Category I – The title to the Category I lands was transferred to the Inuit Community Corporations (now known as The Landholding Corporations) for Inuit community purposes. Each community

7524-423: The first land claim on behalf of the Inuit, the Northern Quebec Inuit Association (NQIA) included as members Zebedee Nungak , Lazarusie Epoo (Inukjuak), Tommy Cain, Johnny Watt, Charlie Watt (from Fort Chimo) and Jacob Oweetaltuk. Charlie Watt acquired a James Bay development map and found two rivers were going to be impacted; the Great Whale and Caniapiscau were to be dammed and diverted. Zebedee Nungak describes

7638-467: The first meeting to consider Confederation, the Charlottetown Conference , did not join Confederation until 1873. Over the years since Confederation, Canada has seen numerous territorial changes and expansions, resulting in the current number of ten provinces and three territories . Canada is a federation , rather than a confederate association of sovereign states, which is what confederation means in contemporary political theory. The country, though,

7752-412: The fourteen communities has a local nursing station. Inside their nursing stations, public services include dentists, nurses, doctors, youth protection services, social services. In the smaller communities, the people have to be flown to either Kuujjuaq or Puvirnituq depending on where they live in order to be seen by a doctor and in some cases the people need to be seen by a doctor in the south depending on

7866-423: The government of John Diefenbaker in 1960. However, the Bill of Rights was only a federal statute and was limited in its effectiveness because it is not directly applicable to provincial laws. This motivated some within government to establish unambiguously-constitutional-level bill of rights for all Canadians. The movement for human rights and freedoms that emerged after World War II also wanted to entrench

7980-405: The government of Quebec negotiated the required accord. On 15 November 1974 – exactly a year after the Superior Court decision – an agreement-in-principle was signed between the government of Canada , the Province of Quebec , the publicly owned Hydro-Québec corporation, the Grand Council of the Crees (chaired by Billy Diamond ), and the Northern Quebec Inuit Association . The final accord –

8094-535: The guarantee of rights and the role of judges in enforcing them than was the Canadian Bill of Rights . The courts , when confronted with violations of Charter rights, have struck down unconstitutional statutes or parts of statutes, as they did when Canadian case law was primarily concerned with resolving issues of federalism . However, section 24 of the Charter granted new powers to the courts to enforce more creative remedies and to exclude improperly obtained evidence in criminal trials. These powers are greater than what

8208-464: The holdings of absentee landlords . "Never was there such an opportunity as now for the birth of a nation" proclaimed a pamphlet written by S. E. Dawson and reprinted in a Quebec City newspaper during the Conference. Again, reaction to the Quebec Conference varied depending on the political views of the critic. George Brown was the first, in December 1864, to carry the constitutional proposals to

8322-490: The idea of a Maritime Union which would join their three colonies together. The government of the Province of Canada surprised the Maritime governments by asking if the Province of Canada could be included in the negotiations. The request was channelled through the Governor-General, Monck, to London and accepted by the Colonial Office. After several years of legislative paralysis in the Province of Canada caused by

8436-468: The imperial authorities". On the form of the proposed system of governance for Canada, the Fathers of Confederation were influenced by the American republic. Macdonald said in 1865: By adhering to the monarchical principle, we avoid one defect inherent in the constitution of the United States . By the election of the president by a majority and for a short period, he never is the sovereign and chief of

8550-482: The implementation and details of the original agreement, as well as expanding their provisions. Furthermore, the Constitution Act, 1982 , entrenched in the Constitution of Canada all the rights granted in treaties and land claims agreements enacted before 1982, giving the rights outlined in the original agreement the status of constitutional rights. The James Bay agreement touches on a number of subjects and, as

8664-550: The issue of the Senate, the Maritime Provinces pressed for as much equality as possible. With the addition of Newfoundland to the Conference, the three Maritime colonies did not wish to see the strength of their provinces in the upper chamber diluted by simply adding Newfoundland to the Atlantic category. It was the matter of the Senate that threatened to derail the entire proceedings. It was Macdonald who came up with

8778-510: The land. The land, the wildlife and sea were, and still is, a great provider for us Inuit, Cree, and Naskapi. Its important that the land be respected and handled with the right intentions for future generations and future developments. These mandates were created so that our ecosystem and our way of life thrives with growing populations and need for development. In the James Bay and Northern Quebec Agreement, Section 12 stated that there will be

8892-502: The law of Canada is eligible to run. There should be 1 mayor and 2–6 councilors depending on the population of the village. One member of the council is appointed to be the Kativik Regional Government (KRG) representative. Elections for municipal council are much like municipal elections in the rest of Canada. Anyone aged 18 or over, who holds Canadian citizenship, and resident in the territory for at least 12 months

9006-418: The legislative debates on Confederation as "hot air". In Waite's view, Confederation was driven by pragmatic brokerage politics and competing interest groups. In 1987, political scientist Peter J. Smith challenged the view Canadian Confederation was non-ideological. Smith argued Confederation was motivated by new political ideologies as much as the American and French Revolutions and Canadian Confederation

9120-550: The list of written documents was static and could not be modified except for through the amending formulas. Section 56 of the Act provides that the parts of the Constitution that were enacted in English and French are equally authoritative , and section 57 adds that the English and French versions of the Constitution Act, 1982 itself are equal. Section 57 is akin section 18 of the Charter, which provides that English and French versions of federal and New Brunswick statutes are equal. The Supreme Court has interpreted section 133 of

9234-472: The nation. He is never looked up to by the whole people as the head and front of the nation. He is, at best, but the successful leader of a party. This defect is all the greater on account of the practice of reelection. During his first term of office, he is employed in taking steps to secure his own reelection and, for his party, a continuance of power. We avoid this by adhering to the monarchical principle—the sovereign, whom you respect and love. I believe that it

9348-476: The nearby communities and Landholding Corporations. Category III lands are a joint use area for Inuit and non-Inuit in matters of access, as well as for hunting, fishing and trapping activities. The Inuit have always been connected and respectful to the land and sea in the northern part of Canada. It is where we have lived and survived for thousands of years. It is where our ancestors taught their children where to pick berries, how to hunt for food, and make tools off

9462-548: The need to maintain a double legislative majority (a majority of both the Canada East and Canada West delegates in the Province of Canada's legislature), Macdonald had led his Liberal-Conservative Party into the Great Coalition with Cartier's Parti bleu and George Brown 's Clear Grits . Macdonald, Cartier, and Brown felt union with the other British colonies might be a way to solve the political problems of

9576-408: The political system. Queen Victoria remarked on "the impossibility of our being able to hold Canada; but, we must struggle for it; and by far the best solution would be to let it go as an independent kingdom under an English prince." Several factors influenced Confederation, caused both by internal sources and pressures from external sources. Internally, there was political deadlock resulting from

9690-569: The politicians from the Maritime colonies were: By September 7, 1864, the delegates from Nova Scotia, New Brunswick and Prince Edward Island gave a positive answer to the Canadian delegation, expressing the view the federation of all of the provinces was considered desirable if the terms of union could be made satisfactory and the question of Maritime Union was waived. After the Conference adjourned on September 9, there were further meetings between delegates held at Halifax , Saint John , and Fredericton . These meetings evinced enough interest that

9804-491: The principles enunciated in the Universal Declaration of Human Rights . The Charter was drafted by the federal government with consultations with the provincial governments in the years leading up to the passage of the Constitution Act, 1982 . One of the most notable effects of the adoption of the Charter was to greatly expand the range of judicial review , because the Charter is more explicit with respect to

9918-471: The procedures for amending the Constitution in the future. This process was necessary because, after the Statute of Westminster, 1931 , Canada allowed the British Parliament to retain the power to amend Canada's constitution, until Canadian governments could agree on an all-in-Canada amending formula. In 1981, following substantial agreement on a new amending formula, the Parliament of Canada requested that

10032-469: The province had negotiated an agreement with the Indigenous nations. This judgment was overruled by the Quebec Court of Appeal seven days later, after the government's efforts to quickly negotiate an agreement failed. Nonetheless, the legal requirement that Quebec negotiate a treaty covering the territory had not been overturned, even though construction continued. Over the course of the next year,

10146-460: The province in which they reside" will not be in force in Quebec until the Quebec government or legislature chooses to ratify it. Section 35 of the Constitution Act, 1982 "recognizes and affirms" the "existing" aboriginal and treaty rights in Canada. These aboriginal rights protect the activities, practice, or traditions that are integral to the distinct cultures of the aboriginal peoples. The treaty rights protect and enforce agreements between

10260-407: The provinces exclusive jurisdiction to regulate the development of non-renewable natural resources and electrical generation. These amendments were set out in sections 50 and 51 of the 1982 act. Subsection 52(1) of the Constitution Act, 1982 provides that the Constitution of Canada is the "supreme law of Canada", and that "any law inconsistent with the provisions of the Constitution of Canada is, to

10374-564: The rules set out in the Constitution itself. Subsection 52(3) entrenches constitutional supremacy and prevents Parliament and the provincial legislatures from making most constitutional amendments using simple legislation. The rules for amending Canada's constitution are quite dense. They are mostly laid out in Part V of the Constitution Act, 1982 . There are five different amendment procedures, each applicable to different types of amendments. These five formulas are: Neither aboriginal peoples' or

10488-578: The separate province of New Brunswick in 1784 for the Loyalists who settled in the western part of Nova Scotia. While Nova Scotia (including New Brunswick) received slightly more than half of this influx, many Loyalists also settled in the Province of Quebec, which by the Constitutional Act 1791 was separated into a predominantly English Upper Canada and a predominantly French Lower Canada . The War of 1812 and Treaty of 1818 established

10602-643: The severity of the illness. For the Hudson Bay region, the hospital is in Puvirnituq while the Ungava Bay regions hospital is in Kuujjuaq. Canadian Confederation Canadian Confederation (French: Confédération canadienne ) was the process by which three British North American provinces—the Province of Canada , Nova Scotia , and New Brunswick —were united into one federation , called

10716-532: The territories' agreement is required to make a constitutional amendment, even if it affects their interests. Section 35.1 commits the governments of Canada and the provinces "to the principle that, before any amendment is made [to subsection 91(24) of the Constitution Act, 1867 , section 25 of the Charter or sections 35 or 35.1 of the Constitution Act, 1982]" that the Prime Minister will convene

10830-501: The unification of the colonies by confirming a common bond between their inhabitants; indeed, the monarchy played a "pivotal legal and symbolic role [...] in cementing the new Canadian union". Further, by 1864, it was clear that continued governance of the Province of Canada under the terms of the 1840 Act of Union had become impracticable. Therefore, a grand coalition of parties, the Great Coalition , formed in order to reform

10944-558: The values of the Enlightenment of the seventeenth and eighteenth centuries. She argues their intellectual debts to Locke are most evident when one looks at the 1865 debates in the Province of Canada's legislature on whether or not union with the other British North American colonies would be desirable. In the spring of 1864, New Brunswick premier Samuel Leonard Tilley , Nova Scotia premier Charles Tupper , and Prince Edward Island premier John Hamilton Gray were contemplating

11058-530: The visitor book in 1866. After suggestions of 'Franklin' and 'Guelfenland', they agreed the new country should be called Canada , Canada East should be renamed Quebec and Canada West should be renamed Ontario . There was, however, heated debate about how the new country should be designated. Ultimately, the delegates elected to call the new country the Dominion of Canada, after "kingdom" and "confederation", among other options, were rejected. The term dominion

11172-545: The whole thing is, or more perfectly", going on to suggest a unified Canada consisting of two provinces—one formed from Upper and Lower Canada and the other from the Maritime colonies—each with a lieutenant governor and executive council, one located in Montreal and the other in either Annapolis Royal or Windsor . Edward said he would pass the report on to the Earl Bathurst , the then- Secretary of State for War and

11286-417: Was prime minister of the United Kingdom at the time.) The act received royal assent on March 29, 1867, and set July 1, 1867, as the date for union. Constitution Act, 1982 [REDACTED] Canada portal The Constitution Act, 1982 (French: Loi constitutionnelle de 1982 ) is a part of the Constitution of Canada . The Act was introduced as part of Canada's process of patriating

11400-597: Was acquired by the British as the result of its defeat of New France in the Seven Years' War , which ended with the Treaty of Paris in 1763. From 1763 to 1791, most of New France became the Province of Quebec . However, in 1769 the present-day Prince Edward Island , which had been part of Acadia, was renamed "St John's Island" and organized as a separate colony. It was renamed "Prince Edward Island" in 1798 in honour of Prince Edward, Duke of Kent and Strathearn . The first English attempt at settlement on that part of

11514-537: Was allegedly suggested by Sir Samuel Leonard Tilley. The delegates had completed their draft of the British North America Act by February 1867. The act was presented to Queen Victoria on February 11, 1867. The bill was introduced in the House of Lords the next day. The bill was quickly approved by the House of Lords, and then also quickly approved by the British House of Commons . (The Conservative Lord Derby

11628-448: Was also added in 1983, clarifies that "treaty rights" include "rights that now exist by way of land claims agreements or may be so acquired". As a result, by entering into land claims agreements, the government of Canada and members of an aboriginal people can establish new treaty rights, which are constitutionally recognized and affirmed. There are other sections of the Constitution Act, 1982 that address aboriginal rights. Section 25 of

11742-558: Was also central to the debate in Newfoundland, the tax-averse colony that rejected it. Smith argued Confederation was supported by many colonists who were sympathetic to a relatively interventionist, or statist, approach to capitalist development. Most classical liberals, who believed in free trade and low taxes, opposed Confederation because they feared it would result in Big Government. The struggle over Confederation involved

11856-619: Was at the time no pre-existing treaty covering that area. The government of Quebec did not immediately undertake such negotiations. In the 1960s, Quebec began developing potential hydroelectric resources in the north, and in 1971 created the James Bay Development Corporation to pursue the development of mining, forestry and other potential resources starting with the James Bay Hydroelectric Project . This massive undertaking, which

11970-525: Was being floated as early as 1814. That year, Chief Justice of Lower Canada Jonathan Sewell sent a copy of his report, A Plan for the federal Union of British Provinces in North America , to Prince Edward (both a son of King George III and the father of Queen Victoria ), whom Sewell had befriended when they both resided in Quebec City . Edward replied, "nothing can be better arranged than

12084-475: Was directed by an increasingly assertive government of Quebec without consulting Indigenous people, was opposed by most of northern Quebec's Cree and Inuit . The Quebec Association of Indians – an ad hoc representative body of Indigenous northern Quebecers – sued the government and, on 15 November 1973, won an injunction in the Quebec Superior Court blocking hydroelectric development until

12198-544: Was driven by a Court Party ideology. Smith traces the origins of this ideology to eighteenth and nineteenth-century Britain, where political life was polarized between defenders of classical republican values of the Country Party and proponents of a new pro-capitalist ideology of the Court Party, which believed in centralizing political power. In British North America in the late 1860s, the Court Party tradition

12312-438: Was given about 243 square miles. Though category I lands are owned by the Inuit communities of Nunavik, the subsurface and the minerals rights are still owned by the Quebec government, though they cannot extract minerals in the subsurface without permission of the local village and without compensation. Category I lands cannot be sold or given up except to the Crown in the right of Quebec. Category II – Category II lands belong to

12426-411: Was never necessary and 15 years after ratification the government of Quebec "passed a resolution authorizing an amendment." Nonetheless, the lack of formal approval has remained a persistent political issue in Quebec. The Meech Lake and Charlottetown Accords were designed to secure approval from Quebec, but both efforts failed to do so. The Canadian Charter of Rights and Freedoms is the part I of

12540-486: Was represented by the supporters of Confederation, whereas the anti-capitalist and agrarian Country Party tradition was embodied by the Anti-Confederates. In a 2000 journal article, historian Ian McKay argued Canadian Confederation was motivated by the ideology of liberalism and the belief in the supremacy of individual rights. McKay described Confederation as part of the classical liberal project of creating

12654-491: Was supported by, among others, Tupper. At the end of the Conference, it adopted the " seventy-two resolutions " which would form the basis of a scheduled future conference. The Conference adjourned on October 27. Prince Edward Island emerged disappointed from the Quebec Conference. It did not receive support for a guarantee of six members in the proposed House of Commons, and was denied an appropriation of $ 200,000 it felt had been offered at Charlottetown to assist in buying out

12768-479: Was the recording secretary at the Charlottetown Conference , is considered by some to be among them. The individuals who brought the other provinces into Confederation after 1867 are also referred to as Fathers of Confederation . In this way, Amor De Cosmos , who was instrumental both in bringing democracy to British Columbia and in bringing the province into Confederation, is considered to be

12882-458: Was typical under the common law and under the principle of Parliamentary supremacy , which Canada had inherited from the United Kingdom. Section 59 limits the application of section 23 of the Charter in Quebec. Paragraph 23(1)(a) of the Charter, which guarantees the minority language education rights of Canadian citizens "whose first language learned and still understood is that of the English or French minority linguistic minority population of

12996-549: Was united with the colony of British Columbia in 1866. The remainder of modern-day Canada was made up of Rupert's Land and the North-Western Territory (both of which were controlled by the Hudson's Bay Company and sold to Canada in 1870) and the Arctic Islands , which were under direct British control and became a part of Canada in 1880. The idea of joining the various colonies in North America

#90909