Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms, in Canada simply the Charter, is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982; the Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles; the Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Act. The Charter was preceded by the Canadian Bill of Rights, enacted in 1960. However, the Bill of Rights is only a federal statute, rather than a constitutional document; as a federal statute, it can be amended through the ordinary legislative process and has no application to provincial laws. The Supreme Court of Canada narrowly interpreted the Bill of Rights and the Court was reluctant to declare laws inoperative; the relative ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada.
The movement for human rights and freedoms that emerged after World War II wanted to entrench the principles enunciated in the Universal Declaration of Human Rights. The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the government of Prime Minister Pierre Trudeau. One of the most notable effects of the adoption of the Charter was to expand the scope of judicial review, because the Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Bill of Rights; the courts, when confronted with violations of Charter rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when Canadian case law was concerned with resolving issues of federalism. The Charter, granted new powers to the courts to enforce remedies that are more creative and to exclude more evidence in trials.
These powers are greater than what was typical under the common law and under a system of government that, influenced by Canada's parent country the United Kingdom, was based upon Parliamentary supremacy. As a result, the Charter has attracted both broad support from a majority of the Canadian electorate and criticisms by opponents of increased judicial power; the Charter only applies to government laws and actions, sometimes to the common law, not to private activity. Under the Charter, people physically present in Canada have numerous political rights. Most of the rights can be exercised by any legal person, but a few of the rights belong to natural persons, or only to citizens of Canada; the rights are enforceable by the courts through section 24 of the Charter, which allows courts discretion to award remedies to those whose rights have been denied. This section allows courts to exclude evidence in trials if the evidence was acquired in a way that conflicts with the Charter and might damage the reputation of the justice system.
Section 32 confirms that the Charter is binding on the federal government, the territories under its authority, the provincial governments. The rights and freedoms enshrined in 34 sections of the Charter include: Precluding all the freedoms and forming the basis of the Charter, the first section, known as limitations clause, allows governments to justify certain infringements of Charter rights; every case in which a court discovers a violation of the Charter would therefore require a section 1 analysis to determine if the law can still be upheld. Infringements are upheld if the purpose for the government action is to achieve what would be recognized as an urgent or important objective in a free society, if the infringement can be "demonstrably justified." Section 1 has thus been used to uphold laws against objectionable conduct such as hate speech and obscenity. Section 1 confirms that the rights listed in the Charter are guaranteed. In addition, some of these rights are subjected to the notwithstanding clause.
The notwithstanding clause authorizes governments to temporarily override the rights and freedoms in sections 2 and 7–15 for up to five years, subject to renewal. The Canadian federal government has never invoked it, some have speculated that its use would be politically costly. In the past, the notwithstanding clause was invoked by the province of Quebec; the provinces of Saskatchewan and Alberta have invoked the notwithstanding clause, to end a strike and to protect an heterosexual definition of marriage, respectively. The territory of Yukon passed legislation once that invoked the notwithstanding clause, but the legislation was never proclaimed in force. Section 2: which lists what the Charter calls "fundamental freedoms" namely freedom of conscience, freedom of religion, freedom of thought, freedom of belief, freedom of expression, freedom of the press and of other media of communication, freedom of peaceful assembly, freedom of association; the right to participate in political activities and the right to a democratic form of government are protect
Constitutional Act 1791
From 1896 known as The Clergy Endowments Act 1791, the statute passed at Westminster in the 31st year of George III, itemised as chapter 31, was known as the Constitutional Act 1791. It was an Act of the Parliament of Great Britain; the Act reformed the government of the Province of Quebec to accommodate, amongst other Loyalists, the 10,000 United Empire Loyalists who had arrived from the United States following the American Revolution. The Province of Quebec, with a population of 145,000 French-speaking Canadians, was divided in two when the Act took effect on 26 December 1791; the unpopulated western half became Upper Canada and the eastern half became Lower Canada. The names Upper and Lower Canada were given according to their location along the St. Lawrence River. Upper Canada received English law and institutions, while Lower Canada retained French civil law and institutions, including feudal land tenure, the privileges accorded to the Roman Catholic Church; the legislative Council for the Affairs of the Province of Quebec, with its subset Executive Council cabinet, was continued and reinforced by the establishment of freeholder-elected legislative assemblies.
These elected assemblies led to a form of representative government in both colonies. The Constitutional Act attempted to create an established church by forming the clergy reserves, that is, grants of land reserved for the support of the Church of England. Income from the lease or sale of these reserves, which constituted one-seventh of the territory of Upper and Lower Canada, from 1791 went to the Church of England and, from 1824 on in a complex ratio, the Church of Scotland; these reserves created many difficulties in years, making economic development difficult and creating resentment against the Anglican church, the Family Compact, the Château Clique, although it did lead to the growth of an Ottawa neighbourhood known as The Glebe. The act was problematic for both French speakers. However, both groups preferred the act and the institutions it created to the Quebec Act which it replaced; the Act of 1791 is seen as a watershed in the development of French Canadian nationalism as it provided for a province which the French considered to be their own, separate from English-speaking Upper Canada.
The disjuncture between this French-Canadian ideal of Lower Canada as a distinct, national homeland and the reality of continued Anglo-Canadian political and economic dominance of the province after 1791 led to discontent and a desire for reform among various segments of the French Canadian populace. The frustration of the French over the nature of Lower Canadian political and economic life in "their" province helped fuel the Lower Canada Rebellion of 1837–38. Related to the Constitutional Act 1791 Constitutional history of Canada Act of Union Guy Carleton, 1st Baron Dorchester Constitutional Act of the Province of Lower Canada Statute, 31 Geo III c.31. A bill to repeal certain parts of an act, passed in the fourteenth year of His Majesty's reign, intituled "An Act for Making More Effectual Provision for the Government of the Province of Quebec, in North America", to make further provision for the government of the said province. Statute, 31 Geo III c.31. Anno regni Georgii III, regis Magnæ Britanniæ, Franciæ, & Hiberniæ, tricesimo primo: at the Parliament begun and holden at Westminster, the twenty-fifth day of November anno domini 1790, in the thirty-first year of the reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain and Ireland, Defender of the Faith, &c.: being the First Session of the Seventeenth Parliament of Great Britain.
London: Charles Eyre and Andrew Strahan 1791. P. 1271. Statute, 31 Geo III c.31. The Constitutional act of the province of Lower Canada: anno regni Georgii III, regis Magnæ Britanniæ et Hiberniæ tricessimo primo: at the Parliament begun and holden at Westminster, the twenty-fifth day of November, anno Domini reign of our late sovereign Lord George the Third, by the Grace of God, of Great Britain and Ireland king, defender of the faith, &c. Being the first session of the seventeenth Parliament of Great Britain. Montreal: R. Armour 1828
Dominion of Newfoundland
Newfoundland was a British dominion from 1907 to 1949. The dominion, situated in northeastern North America along the Atlantic coast, comprised the island of Newfoundland as well as Labrador on the continental mainland. Before attaining dominion status, Newfoundland was a British colony, self-governing from 1855. Newfoundland was one of the original "dominions" within the meaning of the Statute of Westminster of 1931 and accordingly enjoyed a constitutional status equivalent to the other dominions at the time. In 1934, Newfoundland became the only dominion to give up its self-governing status, ending 79 years of self-government; this episode came about due to a crisis in Newfoundland's public finances in 1932. Newfoundland had accumulated a significant amount of debt by building a railway across the island and by raising its own regiment for the First World War. In November 1932 the government warned that Newfoundland would default on payments on the public debt; the British government established the Newfoundland Royal Commission to inquire into and report on the position.
The Commission's report, published in October 1933, recommended that Newfoundland give up its system of self-government temporarily and allow the United Kingdom to administer the dominion through an appointed commission. The Newfoundland parliament accepted this recommendation and presented a petition to the King asking for the suspension of the constitution and the appointment of commissioners to administer the government until the country became self-supporting again. To enable compliance with this request, the United Kingdom Parliament passed the Newfoundland Act 1933, on 16 February 1934, the UK government appointed six commissioners, three from Newfoundland and three from the UK, with the Governor as chairman; the dominion would never become self-governing again. The system of a six-member Commission of Government continued to govern Newfoundland until it joined Canada in 1949 to become Canada's tenth province; the official name of the dominion was "Newfoundland" and not, as is sometimes reported, "Dominion of Newfoundland".
The distinction is apparent in many statutes, most notably the Statute of Westminster that listed the full name of each realm, including the "Dominion of New Zealand", the "Dominion of Canada", "Newfoundland". The Newfoundland Blue Ensign was used as the colonial flag from 1870 to 1904; the Newfoundland Red Ensign was used as the'de facto' national flag of the dominion until the legislature adopted the Union Flag on 15 May 1931. The anthem of the Dominion was the "Ode to Newfoundland", written by British colonial governor Sir Charles Cavendish Boyle in 1902 during his administration of Newfoundland, it was adopted as the dominion's anthem on 20 May 1904, until confederation with Canada in 1949. In 1980, the province of Newfoundland re-adopted the song as a provincial anthem, making Newfoundland and Labrador the only province in Canada to adopt a provincial anthem; the "Ode to Newfoundland" continues to be heard at public events in the province. In 1854 the British government established Newfoundland's responsible government.
In 1855, Philip Francis Little, a native of Prince Edward Island, won a parliamentary majority over Sir Hugh Hoyles and the Conservatives. Little formed the first administration from 1855 to 1858. Newfoundland rejected confederation with Canada in the 1869 general election. Prime Minister of Canada Sir John Thompson came close to negotiating Newfoundland's entry into confederation in 1892, it remained a colony until the 1907 Imperial Conference resolved to confer dominion status on all self-governing colonies in attendance. The annual holiday of Dominion Day was celebrated each 26 September to commemorate the occasion. Newfoundland's own regiment, the 1st Newfoundland Regiment, fought in the First World War. On 1 July 1916, the German Army wiped out most of that regiment at Beaumont Hamel on the first day on the Somme, inflicting 90 percent casualties, yet the regiment went on to serve with distinction in several subsequent battles, earning the prefix "Royal". Despite people's pride in the accomplishments of the regiment, Newfoundland's war debt and pension responsibility for the regiment and the cost of maintaining a trans-island railway led to increased and unsustainable government debt in the post-war era.
After the war, Newfoundland along with the other dominions sent a separate delegation to the Paris Peace Conference but, unlike the other dominions, Newfoundland neither signed the Treaty of Versailles in her own right nor sought separate membership in the League of Nations. In the 1920s, political scandals wracked the dominion. In 1923, the attorney general arrested Newfoundland's prime minister Sir Richard Squires on charges of corruption. Despite his release soon after on bail, the British-led Hollis Walker commission reviewed the scandal. Soon after, the Squires government fell. Squires returned to power in 1928 because of the unpopularity of his successors, the pro-business Walter Stanley Monroe and Frederick C. Alderdice, but found himself governing a country suffering from the Great Depression; the Judicial Committee of the Privy Council resolved Newfoundland's long-standing Labrador boundary dispute with Canada to the satisfaction of Newfoundland and against Canada with a ruling on 1 April 1927.
Prior to 1867, the Quebec North Shore portion of the "Labrador coast" had shuttled back and forth between the colonies of Lower Canada and Newfoundland. Maps up to 1927 showed the coastal region with an undefined boundary; the Privy Council ruling established a boundary along the drainage div
Quebec is one of the thirteen provinces and territories of Canada. It is bordered to the west by the province of Ontario and the bodies of water James Bay and Hudson Bay. S. states of Maine, New Hampshire and New York. It shares maritime borders with Nunavut, Prince Edward Island, Nova Scotia. Quebec is Canada's largest province by its second-largest administrative division, it is and politically considered to be part of Central Canada. Quebec is the second-most populous province of Canada, after Ontario, it is the only one to have a predominantly French-speaking population, with French as the sole provincial official language. Most inhabitants live in urban areas near the Saint Lawrence River between Montreal and Quebec City, the capital. Half of Quebec residents live in the Greater Montreal Area, including the Island of Montreal. English-speaking communities and English-language institutions are concentrated in the west of the island of Montreal but are significantly present in the Outaouais, Eastern Townships, Gaspé regions.
The Nord-du-Québec region, occupying the northern half of the province, is sparsely populated and inhabited by Aboriginal peoples. The climate around the major cities is four-seasons continental with cold and snowy winters combined with warm to hot humid summers, but farther north long winter seasons dominate and as a result the northern areas of the province are marked by tundra conditions. In central Quebec, at comparatively southerly latitudes, winters are severe in inland areas. Quebec independence debates have played a large role in the politics of the province. Parti Québécois governments held referendums on sovereignty in 1980 and 1995. Although neither passed, the 1995 referendum saw the highest voter turnout in Quebec history, at over 93%, only failed by less than 1%. In 2006, the House of Commons of Canada passed a symbolic motion recognizing the "Québécois as a nation within a united Canada". While the province's substantial natural resources have long been the mainstay of its economy, sectors of the knowledge economy such as aerospace and communication technologies and the pharmaceutical industry play leading roles.
These many industries have all contributed to helping Quebec become an economically influential province within Canada, second only to Ontario in economic output. The name "Québec", which comes from the Algonquin word kébec meaning "where the river narrows" referred to the area around Quebec City where the Saint Lawrence River narrows to a cliff-lined gap. Early variations in the spelling of the name included Kébec. French explorer Samuel de Champlain chose the name Québec in 1608 for the colonial outpost he would use as the administrative seat for the French colony of New France; the province is sometimes referred to as "La belle province". The Province of Quebec was founded in the Royal Proclamation of 1763 after the Treaty of Paris formally transferred the French colony of Canada to Britain after the Seven Years' War; the proclamation restricted the province to an area along the banks of the Saint Lawrence River. The Quebec Act of 1774 expanded the territory of the province to include the Great Lakes and the Ohio River Valley and south of Rupert's Land, more or less restoring the borders existing under French rule before the Conquest of 1760.
The Treaty of Paris ceded territories south of the Great Lakes to the United States. After the Constitutional Act of 1791, the territory was divided between Lower Canada and Upper Canada, with each being granted an elected legislative assembly. In 1840, these become Canada East and Canada West after the British Parliament unified Upper and Lower Canada into the Province of Canada; this territory was redivided into the Provinces of Quebec and Ontario at Confederation in 1867. Each became one of the first four provinces. In 1870, Canada purchased Rupert's Land from the Hudson's Bay Company and over the next few decades the Parliament of Canada transferred to Quebec portions of this territory that would more than triple the size of the province. In 1898, the Canadian Parliament passed the first Quebec Boundary Extension Act that expanded the provincial boundaries northward to include the lands of the local aboriginal peoples; this was followed by the addition of the District of Ungava through the Quebec Boundaries Extension Act of 1912 that added the northernmost lands of the Inuit to create the modern Province of Quebec.
In 1927, the border between Quebec and Newfoundland and Labrador was established by the British Judicial Committee of the Privy Council. Quebec disputes this boundary. Located in the eastern part of Canada, part of Central Canada, Quebec occupies a territory nearly three times the size of France or Texas, most of, sparsely populated, its topography is different from one region to another due to the varying composition of the ground, the climate, the proximity to water. The Saint Lawrence Lowland and the Appalachians are the two main topographic regions in southern Quebec, while the Canadian Shield occupies most of central and northern Quebec. Quebec has one of the world's largest reserves of fresh water, occupying 12% of its surface, it has 3 % of the world's renewable fresh water. Mor
Australia the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It is the world's sixth-largest country by total area; the neighbouring countries are Papua New Guinea and East Timor to the north. The population of 25 million is urbanised and concentrated on the eastern seaboard. Australia's capital is Canberra, its largest city is Sydney; the country's other major metropolitan areas are Melbourne, Brisbane and Adelaide. Australia was inhabited by indigenous Australians for about 60,000 years before the first British settlement in the late 18th century, it is documented. After the European exploration of the continent by Dutch explorers in 1606, who named it New Holland, Australia's eastern half was claimed by Great Britain in 1770 and settled through penal transportation to the colony of New South Wales from 26 January 1788, a date which became Australia's national day; the population grew in subsequent decades, by the 1850s most of the continent had been explored and an additional five self-governing crown colonies established.
On 1 January 1901, the six colonies federated. Australia has since maintained a stable liberal democratic political system that functions as a federal parliamentary constitutional monarchy, comprising six states and ten territories. Being the oldest and driest inhabited continent, with the least fertile soils, Australia has a landmass of 7,617,930 square kilometres. A megadiverse country, its size gives it a wide variety of landscapes, with deserts in the centre, tropical rainforests in the north-east and mountain ranges in the south-east. A gold rush began in Australia in the early 1850s, its population density, 2.8 inhabitants per square kilometre, remains among the lowest in the world. Australia generates its income from various sources including mining-related exports, telecommunications and manufacturing. Indigenous Australian rock art is the oldest and richest in the world, dating as far back as 60,000 years and spread across hundreds of thousands of sites. Australia is a developed country, with the world's 14th-largest economy.
It has a high-income economy, with the world's tenth-highest per capita income. It is a regional power, has the world's 13th-highest military expenditure. Australia has the world's ninth-largest immigrant population, with immigrants accounting for 26% of the population. Having the third-highest human development index and the eighth-highest ranked democracy globally, the country ranks in quality of life, education, economic freedom, civil liberties and political rights, with all its major cities faring well in global comparative livability surveys. Australia is a member of the United Nations, G20, Commonwealth of Nations, ANZUS, Organisation for Economic Co-operation and Development, World Trade Organization, Asia-Pacific Economic Cooperation, Pacific Islands Forum and the ASEAN Plus Six mechanism; the name Australia is derived from the Latin Terra Australis, a name used for a hypothetical continent in the Southern Hemisphere since ancient times. When Europeans first began visiting and mapping Australia in the 17th century, the name Terra Australis was applied to the new territories.
Until the early 19th century, Australia was best known as "New Holland", a name first applied by the Dutch explorer Abel Tasman in 1644 and subsequently anglicised. Terra Australis still saw occasional usage, such as in scientific texts; the name Australia was popularised by the explorer Matthew Flinders, who said it was "more agreeable to the ear, an assimilation to the names of the other great portions of the earth". The first time that Australia appears to have been used was in April 1817, when Governor Lachlan Macquarie acknowledged the receipt of Flinders' charts of Australia from Lord Bathurst. In December 1817, Macquarie recommended to the Colonial Office. In 1824, the Admiralty agreed that the continent should be known by that name; the first official published use of the new name came with the publication in 1830 of The Australia Directory by the Hydrographic Office. Colloquial names for Australia include "Oz" and "the Land Down Under". Other epithets include "the Great Southern Land", "the Lucky Country", "the Sunburnt Country", "the Wide Brown Land".
The latter two both derive from Dorothea Mackellar's 1908 poem "My Country". Human habitation of the Australian continent is estimated to have begun around 65,000 to 70,000 years ago, with the migration of people by land bridges and short sea-crossings from what is now Southeast Asia; these first inhabitants were the ancestors of modern Indigenous Australians. Aboriginal Australian culture is one of the oldest continual civilisations on earth. At the time of first European contact, most Indigenous Australians were hunter-gatherers with complex economies and societies. Recent archaeological finds suggest. Indigenous Australians have an oral culture with spiritual values based on reverence for the land and a belief in the Dreamtime; the Torres Strait Islanders, ethnically Melanesian, obtained their livelihood from seasonal horticulture and the resources of their reefs and seas. The northern coasts and waters of Australia were visited s
Law of Canada
The Canadian legal system has its foundation in the English common law system, inherited from being a former colony of the United Kingdom and a Commonwealth Realm member of the Commonwealth of Nations. The legal system is bi-jurisdictional, as the responsibilities of public and private law are separated and exercised by Parliament and the provinces respectively. Quebec, still retains a civil system for issues of private law. Both legal systems are subject to the Constitution of Canada; the federal government has jurisdiction over certain exclusive domains which are regulated by Parliament, as well as all matters and disputes between provinces. These include interprovincial transport as well as interprovincial trade and commerce; the criminal law is an area of exclusive federal jurisdiction, has its origins in the English common law. Prosecutions of most criminal offences are conducted by the provincial Attorneys General, acting under the Criminal Code. Canada's constitution is its supreme law, any law passed by any federal, provincial, or territorial government, inconsistent with the constitution is invalid.
The Constitution Act, 1982 stipulates that Canada's constitution includes that act, a series of thirty acts and orders referred to in a schedule to that act, any amendment to any of those acts. However, the Supreme Court of Canada has found that this list is not intended to be exhaustive, in 1998's Reference re Secession of Quebec identified four "supporting principles and rules" that are included as unwritten elements of the constitution: federalism, constitutionalism and the rule of law, respect for minorities. While these principles are an enforceable part of Canada's constitution, Canadian courts have not used them to override the written text of the constitution, instead confining their role to "filling gaps"; because the Constitution Act, 1867 provides that Canada's constitution is "similar in Principle to that of the United Kingdom", considered to be an uncodified constitution, the Supreme Court has recognized the existence of constitutional conventions. In 1981's Reference re a Resolution to amend the Constitution, the Court provided three factors necessary for the existence of a constitutional convention: a practice or agreement developed by political actors, a recognition that they are bound to follow that practice or agreement, a purpose for that practice or agreement.
It found that, while these conventions are not law and are therefore unenforceable by the courts, courts may recognize conventions in their rulings. The Constitution Act, 1867 assigns powers to the provincial and federal governments. Matters under federal jurisdiction include criminal law and commerce, immigration; the federal government has the residual power to make laws necessary for Canada's "peace and good government". Matters under provincial jurisdiction include hospitals, municipalities and property and civil rights; the Constitution Act, 1867 provides that, while provinces establish their own superior courts, the federal government appoints their judges. It gives the federal Parliament the right to establish a court system responsible for federal law and a general court of appeal to hear appeals of decisions of both federal and provincial courts; this last power resulted in the federal Parliament's creation of the Supreme Court of Canada, which is, despite its role as supreme arbiter of all Canadian law, a creation of simple, rather than constitutional, statute.
The Constitution Act, 1982 created a mechanism by which Canada's constitution could be amended by joint action of federal and provincial governments. It created the Charter of Rights and Freedoms, which grants individual rights which may not be contravened by any provincial or federal law. Acts passed by the Parliament of Canada and by provincial legislatures are the primary sources of law in Canada. Sections 91 and 92 of the Constitution Act, 1867 enumerate the subject matters upon which either level of government may legitimately enact legislation. Laws passed by the federal government are announced in the Canada Gazette, a published newspaper for new statutes and regulations. Federal bills that receive Royal Assent are subsequently published in the Annual Statutes of Canada. From time to time, the federal government will consolidate its current laws into a single consolidation of law known as the Revised Statutes of Canada; the most recent federal consolidation was in 1985. Laws passed by the provinces follow a similar practice.
The Acts are pronounced in a provincial gazette, published annually and consolidated from time to time. The Revised Statutes of Canada is the federal statutory consolidation of statutes enacted by the Parliament of Canada. In each Canadian province, there is a similar consolidation of the statute law of the province; the Revised Statutes of British Columbia, Revised Statutes of Alberta, Statutes of Manitoba, Revised Statutes of Saskatchewan, 1978, Revised Statutes of New Brunswick, Revised Statutes of Nova Scotia, Statutes of Prince Edward Island, Consolidated Statutes of Newfoundland and Labrador, Revised Statutes of Ontario, Revised Statutes of Quebec are the statutory consolidations of each Canadian province. They contain all of the major topic areas and most of the statutes enacted by the governments in each province; these statutes