History Canadian Confederation
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Unfinished Business in Confederation
Understanding the Supreme Court of Canada’s Decision in the Manitoba Métis Federation Case “There were two societies who treated together. One was small, but in its smallness had its rights. The other was great, but in its greatness had no greater rights Unfinished Business than the rights of the small.” in Confederation Louis Riel Understanding the Supreme Court of Canada’s 1 Unfinished Business in Confederation 1 Decision in the Manitoba Métis Federation Case The History of the MMF The MMF lost again at the Manitoba Court of Appeal in 2010. The Court of Case: “The Third Time is Appeal, recognizing that this was an the Charm” historic case, sat five judges instead Overview of Document of their usual three to hear the appeal. The MMF case was launched in It rejected the trial judge’s view that This document was prepared by Métis lawyers 1981. The Manitoba Métis sought a aboriginal title was essential to the Jason Madden and Jean Teillet at the request of declaration that the lands they were fiduciary duty claim, but then found promised in the Manitoba Act, 1870 it unnecessary to make any decision the Manitoba Métis Federation (MMF). It provides were not provided in accordance with with respect to the fiduciary duty claim. an overview and summary of the Supreme Court the Crown’s fiduciary and honour of the The Court of Appeal said the trial Crown obligations. They also sought judge’s findings of fact did not support of Canada’s landmark decision in Manitoba Métis a declaration that certain legislation any breach of the duty. -
Discover Canada the Rights and Responsibilities of Citizenship 2 Your Canadian Citizenship Study Guide
STUDY GUIDE Discover Canada The Rights and Responsibilities of Citizenship 2 Your Canadian Citizenship Study Guide Message to Our Readers The Oath of Citizenship Le serment de citoyenneté Welcome! It took courage to move to a new country. Your decision to apply for citizenship is Je jure (ou j’affirme solennellement) another big step. You are becoming part of a great tradition that was built by generations of pioneers I swear (or affirm) Que je serai fidèle before you. Once you have met all the legal requirements, we hope to welcome you as a new citizen with That I will be faithful Et porterai sincère allégeance all the rights and responsibilities of citizenship. And bear true allegiance à Sa Majesté la Reine Elizabeth Deux To Her Majesty Queen Elizabeth the Second Reine du Canada Queen of Canada À ses héritiers et successeurs Her Heirs and Successors Que j’observerai fidèlement les lois du Canada And that I will faithfully observe Et que je remplirai loyalement mes obligations The laws of Canada de citoyen canadien. And fulfil my duties as a Canadian citizen. Understanding the Oath Canada has welcomed generations of newcomers Immigrants between the ages of 18 and 54 must to our shores to help us build a free, law-abiding have adequate knowledge of English or French In Canada, we profess our loyalty to a person who represents all Canadians and not to a document such and prosperous society. For 400 years, settlers in order to become Canadian citizens. You must as a constitution, a banner such as a flag, or a geopolitical entity such as a country. -
20-4.4 Canadian National Identity
20-4.4 Canadian National Identity National Identity 1. Survey your classmates to find out what being Canadian means to them. Fill out the organizer below. Student’s Name What being a Canadian means to him or her: Share your answers with classmates and create a class poster that illustrates what being Canadian means to students in your class. Knowledge and Employability Studio Social Studies 20-4.4 Canadian National Identity ©Alberta Education, April 2019 (www.LearnAlberta.ca) National Identity 1/11 2. Did the people in your class express different points of view on Canadian identity? Your culture and personal experiences may affect your perspective on what it means to be Canadian. Find out how the different types of Canadians below feel about Canadian identity and fill in the diagram with key words that describe their feelings. First Nations French New Canadians Immigrants Canadian Identity Urban Descendants Dwellers of European Settlers Rural Dwellers Knowledge and Employability Studio Social Studies 20-4.4 Canadian National Identity ©Alberta Education, April 2019 (www.LearnAlberta.ca) National Identity 2/11 3. Choose one of the groups from the previous Use these tools: question or another group and conduct a more thorough investigation of how people in that Getting Started with Research group feel about Canadian identity. Create a Recording Information simple presentation of your findings. If possible, include interviews and quotes. 4. To better understand symbols that promote a collective identity in Canada, follow these steps. Step one: Explain the history and importance of the following symbols of Canadian national identity. The Canadian Coat of Arms The Canadian Flag (Maple Leaf) The Canadian National Anthem (O Canada) Step two: Identify 10 Where to Start on the Web other symbols that promote Canadian https://www.canada.ca/en/canadian- identity and what each heritage/services/official-symbols-canada.html represents. -
Self - Guided Walking Tour MANITOBA LEGISLATIVE BUILDING, GROUNDS, MEMORIAL PARK and MEMORIAL BOULEVARD
Self - Guided Walking Tour MANITOBA LEGISLATIVE BUILDING, GROUNDS, MEMORIAL PARK AND MEMORIAL BOULEVARD Page 1 The Manitoba Legislative Building The Manitoba Legislative Building is a priceless monument in the true sense of the term, since it is unlikely that it could ever be reproduced today. Construction of the neo-classical style building began in 1913, based on a collective vision to erect an imposing structure “not for present delight nor use alone… but such as our descendants will thank us for.” As the primary physical focus for Manitoba’s sense of its history and identity, it is natural that a number of statues and plaques commemorating notable people, events and historical themes are located on the grounds. With this leaflet as your guide, we invite you to take a walk through our history. A Walking Tour Through Manitoba’s History Welcome to your journey through the richness of Manitoba’s history offered by this tour of the scenic grounds of the magnificent Legislative Building. We hope that it will help you to understand the story of the development of Manitoba and to celebrate the cultural diversity which makes up Manitoba’s mosaic. Begin your journey through time by touring the statues and plaques, numerically listed in this guide. Use the map provided to locate the sites on the grounds. Your tour begins at the front of the Legislative Building and takes a counter-clockwise route around the grounds and concludes at Memorial Boulevard. (Please refer to maps on Pages 18 and 19) Page 2 Your journey begins at the Queen Victoria Statue. -
5 Confederation Won Celebration!
063-073 120820 11/1/04 2:34 PM Page 63 Chapter 5 Confederation Won Celebration! With the first dawn of this summer morn- mourning. A likeness of Dr. Tupper is burned ing, we hail the birthday of a new nation. side-by-side with a rat in Nova Scotia. In A united British America takes its place New Brunswick, a newspaper carries a death among the nations of the world. notice on its front page: “Died—at her resi- dence in the city of Fredericton, The Prov- —George Brown ince of New Brunswick, in the 83rd year of her age.” It is 1 July 1867. The church bells start to ring at midnight. Early in the morning guns roar a salute from Halifax in the east to Sarnia in the west. Bonfires and fireworks light up the sky in cities and towns across the new country. It is the birthday of the new Dominion of Canada and the people of Ontario, Québec, New Brunswick, and Nova Scotia are cele- brating. Under blue skies and sunshine, people of all religious faiths gather to offer prayers for the future of the nation. In Toronto, there is a great celebration at the Horticultural Gardens. The gardens are lit with Chinese lanterns. Fresh strawberries and ice cream are served. A concert is followed by dancing. Tickets are 25¢; children’s tickets are 10¢. In another part of the city, a huge ox is roasted and the meat is distributed to the poor. In Québec, boat races on the river, horse races, and a cricket match are held. -
Manitoba Act, 1870
Manitoba Act, 1870 33 Victoria, c 3 (Canada) (An Act to amend and continue the Act 32 and 33 Victoria chapter 3; and to establish and provide for the Government of the Province of Manitoba) [Assented to 12th May, 1870] Whereas it is probable that Her Majesty The Queen may, pursuant to the Constitution Act, 1867, be pleased to admit Rupert's Land and the North-Western Territory into the Union or Dominion of Canada, before the next Session of the Parliament of Canada: And Whereas it is expedient to prepare for the transfer of the said Territories to the Government of Canada at the time appointed by the Queen for such admission: And Whereas it is expedient also to provide for the organization of part of the said Territories as a Province, and for the establishment of a Government therefor, and to make provision for the Civil Government of the remaining part of the said Territories, not included within the limits of the Province: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. On, from and after the day upon which the Queen, by and with the advice and consent of Her Majesty's Most Honorable Privy Council, under the authority of the 146th Section of the Constitution Act, 1867, shall, by Order in Council in that behalf, admit Rupert's Land and the North-Western Territory into the Union or Dominion of Canada, there shall be formed out of the same a Province, which shall be one of the Provinces of the Dominion of Canada, and which shall be called the Province of Manitoba, -
Insights from Canada for American Constitutional Federalism Stephen F
Penn State Law eLibrary Journal Articles Faculty Works 2014 Insights from Canada for American Constitutional Federalism Stephen F. Ross Penn State Law Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Recommended Citation Stephen F. Ross, Insights from Canada for American Constitutional Federalism, 16 U. Pa. J. Const. L. 891 (2014). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. ARTICLES INSIGHTS FROM CANADA FOR AMERICAN CONSTITUTIONAL FEDERALISM Stephen F Ross* INTRODUCTION National Federation of Independent Business v. Sebelius' has again fo- cused widespread public attention on the role of the United States Supreme Court as an active arbiter of the balance of power between the federal government and the states. This has been an important and controversial topic throughout American as well as Canadian constitutional history, raising related questions of constitutional the- ory for a federalist republic: Whatjustifies unelected judges interfer- ing with the ordinary political process with regard to federalism ques- tions? Can courts create judicially manageable doctrines to police federalism, with anything more than the raw policy preferences of five justices as to whether a particular legislative issue is -
Overview of Simulation
Overview of Simulation Critical As representatives of a British North American colony at a hypothetical 1864 Ottawa Challenge Conference, students decide whether or not to join a proposed Canadian Confederation under the conditions outlined in a draft British North America Act which they have helped to negotiate. Synopsis This 8 - 13 hour simulation can be used as the cornerstone for an entire unit of study on Confederation. Students are assigned to one of six groups, each representing a British North American colony at the time of Confederation. They simulate the negotiations that led to Confederation by participating in a fictitious Ottawa Conference held in 1864. The simulation unfolds in five stages as summarized in the following chart Orientation In the introductory lesson students begin to think about the terms (1.5 - 2.5 hours) of Confederation by considering current difficulties facing Canada and by discussing the idea of re-visiting the original terms of the union of Canada. Students are introduced to the main tasks of the simulation and assigned to represent one of the six colonies that will take part in the conference. Preliminary Based on supplied briefing sheets and independent library research, Proposals each delegation composes a preliminary list of conditions, with (3 - 6 hours) accompanying justifications, for joining the proposed federal union. Students explain and defend their preliminary proposal in a writ- ten submission and a five-minute rehearsed presentation. Other delegations ask the presenting colony one question about a perti- nent issue. Final Each delegation discusses the preliminary proposals from the other Proposals colonies. Individual representatives become experts on one other (2 - 3 hours) colony and then brief fellow delegates on that colony’s needs and issues. -
209 AMENDING the BRITISH NORTH AMERICA ACT. Every
209 AMENDING THE BRITISH NORTH AMERICA ACT. Every Canadian should be inspired by the vision of the Fathers of Confederation in their conception of one vast nation of the British Provinces in North America, stretching from sea to sea, and by the ability and courage they displayed in putting their patriotic vision into practical effect. But the B .N.A. Act makes no special provision for its amendment and the suggestion is sometimes made that this point was overlooked. I believe the Fathers of Confederation assumed that any amendments to the Act would, as the occasion arose, be made by the Imperial Parliament . I can find no reference in pre-Confederation speeches to the amendment of the proposed Act, except that in the debates of the Canadian Parliament of 1865 the Hon . D'Arcy McGee said :- "We go to the Imperial Government, the common arbiter of us all, in our true Federal metropolis-we go there to ask for our fundamental Charter. We hope, by having that Charter can that only be amended by the authority that made it, that we will lay the basis of permanency for our future government." -"Canada Confederation Debates", (1865) page 146. There is a very substantial part of the Canadian Constitution outside the B.N.A. Act, which, following British precedent, grows. and develops. The B .N.A. Act, however, can only be amended by statute and, defining as it does the legislative power of the Dominion and provinces respectively, the question as to how it should be amended has of late years become a matter of increasing importance . -
Timeline of French Manitoba (1712-1993)
Timeline of French Manitoba (1712-1993) 1712-1713: Hudson’s Bay Company (HBC) employees in York Factory indicate in their report to London that [French] Canadians were trading on the shores of Lake Winnipeg, harming the HBC’s own trade. 1738: La Vérendrye reaches the current site of St. Boniface. French Canadian traders and voyageurs coming from Lower Canada use La Vérendrye’s route on their way to Western Canada. Ca. 1780-1810: A Métis identity develops among a distinct community. 1812: The first Scottish and Irish colonists recruited by Lord Selkirk arrive at the Forks. 1816: The Métis declare themselves a nation, following the Battle of Seven Oaks. Perhaps one of the first written references to the Métis Nation was made by Alexander MacDonnell, in a letter to Duncan Cameron dated March 13th, 1816. 1818: Arrival of the Rev. Norbert Provencher, the Rev. Sévère Dumoulin, and seminarian Guillaume Edge to the Red River. Permanent establishment of the Catholic Church in Western Canada. 1822: Creation of the Council of Assiniboia, a local government put in place by the Hudson’s Bay Company to assist the company’s governor in running the Red River Colony. The Council performed mainly judicial functions. 1829: Establishment of St. Boniface’s first girls’ school. The school was placed under the management of two lay women, Angélique and Marguerite Nolin. 1835: The Council of Assiniboia is transformed into a legislative and executive assembly. To ensure the enforcement of laws and facilitate administration, the Council creates committees, establishes courts, and organizes a police force. Several Francophones, Canadian and Métis, were called on to fill various positions in the judiciary and the police. -
The Constitution of Canada and the Conflict of Laws
Osgoode Hall Law School of York University Osgoode Digital Commons PhD Dissertations Theses and Dissertations 2001 The onsC titution of Canada and the Conflict of Laws Janet Walker Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/phd Part of the Conflict of Laws Commons, and the Jurisdiction Commons Recommended Citation Walker, Janet, "The onC stitution of Canada and the Conflict of Laws" (2001). PhD Dissertations. 18. http://digitalcommons.osgoode.yorku.ca/phd/18 This Thesis is brought to you for free and open access by the Theses and Dissertations at Osgoode Digital Commons. It has been accepted for inclusion in PhD Dissertations by an authorized administrator of Osgoode Digital Commons. THE CONSTITUTION OF CANADA AND THE CONFLICT OF LAWS Janet Walker A thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy Worcester College Trinity Term 2001 The Constitution of Canada and the Conflict of Laws Janet Walker, Worcester College Doctor of Philosophy Thesis, Trinity Term 2001 This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the source of political authority is the Constitution Act and in which the source of judicial authority is the continuing local tradition of private law adjudication. -
Canada's Foundations and Their Consequences 1865
Conflicts and Agreements: Canada’s Foundations and Their Consequences, 1865-1949 Edited by Daniel Heidt ISBN: 978-1-7750475-0-6 Front cover graphics by Frank Flitton Back cover graphic adapted from photo taken by Saffron Blaze “Conflicts and Agreements” was organized by: St. Jerome’s University UWaterloo Library St. Jerome’s University 290 Westmount Road N. 200 University Ave W, 290 Westmount Road N. Waterloo, ON N2L 3G3 Waterloo, ON Waterloo, ON N2L 3G3 Tel: 519.884.8110 ext. 28233 N2L 3G1 Tel: 519.884.8110 ext. 28233 theconfederationdebates.ca ext. 35763 sju.ca/cfpf lib.uwaterloo.ca/index.php Copyright © the panelists/editor, 2017 All rights reserved Conflicts and Agreements: Canada’s Foundations and Their Consequences, 1865-1949 Edited by Daniel Heidt Panelists: Patrice Dutil Daniel Heidt Jacqueline Krikorian P. Whitney Lackenbauer Marcel Martel Robert Wardhaugh Contents: Introduction: ..................................................................................... v Remembering Canada’s Previous Birthdays ................................... 1 Introducing The Confederation Debates .......................................... 4 Confederation—A Moment or Process? ........................................... 8 Personalities or Structures? ........................................................... 12 Evaluating Sir John A.’s Legacy ...................................................... 16 Indigenous History as “Confederation” History? .......................... 20 Confederation and Regionalism ....................................................