Canada Introduction Canada For other uses, see Canada (disambiguation). Coordinates: 60°N 95°W / 60°N 95°W Canada (ⁱ/ˈkænədə/; French: [ka.na.dɑ]) is a country in the northern half of North America. Its ten provinces and three territories extend from the Atlantic to the Pacific and northward into the Arctic Ocean, covering 9.98 million square kilometres (3.85 million square miles), making it the world's second-largest country by total area and the fourth-largest country by land area. Canada's border with the United States is the world's longest binational land border. The majority of the country has a cold or severely cold winter climate, but southerly areas are warm in summer. Canada is sparsely populated, the majority of its land territory being dominated by forest and tundra and the Rocky Mountains. It is highly urbanized with 82 per cent of the 35.15 million people concentrated in large and medium-sized cities, many near the southern border. One third of the population lives in the three largest cities: Toronto, Montreal and Vancouver. Its capital is Ottawa, and other major urban areas include Calgary, Edmonton, Quebec City, Winnipeg and Hamilton. Various aboriginal peoples had inhabited what is now Canada for thousands of years prior to European colonization. Beginning in the 16th century, British and French claims were made on the area, with the colony of Canada first being established by the French in 1534. As a consequence of various conflicts, Great Britain gained and lost territories within British North America until it was left, in the late 18th century, with what mostly geographically comprises Canada today. Pursuant to the British North America Act, on July 1, 1867, the colonies of Canada, New Brunswick, and Nova Scotia joined to form the semi-autonomous federal Dominion of Canada. This began an accretion of provinces and territories to the mostly self-governing Dominion to the present ten provinces and three territories forming modern Canada. In 1931, Canada achieved near total independence from the United Kingdom with the Statute of Westminster 1931, but at the time, Canada decided to allow the British Parliament to temporarily retain the power to amend Canada's constitution, on request from the Parliament of Canada. With the Constitution Act 1982, Canada took over that authority (as the conclusion of Patriation), removing the last remaining ties of legal dependence on the Parliament of the United Kingdom, giving the country full sovereignty. Canada is a federal parliamentary democracy and a constitutional monarchy, with Queen Elizabeth II being the head of state. The country is officially bilingual at the federal level. It is one of the world's most ethnically diverse and multicultural nations, the product of large-scale immigration from many other countries. Its advanced economy is the eleventh largest in the world, relying chiefly upon its abundant natural resources and well-developed international trade networks. Canada's long and complex relationship with the United States has had a significant impact on its economy and culture. Canada is a developed country and has the tenth highest nominal per capita income globally as well as the ninth highest ranking in the Human Development Index. It ranks among the highest in international measurements of government transparency, civil liberties, quality of life, economic freedom, and education. Canada is a Commonwealth realm member of the Commonwealth of Nations, a member of the Francophonie, and part of several major international and intergovernmental institutions or groupings including the United Nations, the North Atlantic Treaty Organization, the G8, the Group of Ten, the G20, the North American Free Trade Agreement and the Asia-Pacific Economic Cooperation forum. Canada is an influential nation in the world, primarily due to its inclusive values, years of prosperity and stability, stable economy, and efficient military.¹¹ ¹² ¹³ ¹⁴ Etymology Main article: Name of Canada While a variety of theories have been postulated for the etymological origins of Canada, the name is now accepted as coming from the St. Lawrence Iroquoian word kanata, meaning "village" or "settlement".¹⁵ In 1535, indigenous inhabitants of the present-day Quebec City region used the word to direct French explorer Jacques Cartier to the village of Stadacona.¹⁶ Cartier later used the word Canada to refer not only to that particular village, but the entire area subject to Donnacona (the chief at Stadacona);¹⁶ by 1545, European books and maps had begun referring to this small region along the St Lawrence River as Canada.¹⁶ From the 16th to the early 18th century "Canada" referred to the part of New France that lay along the St. Lawrence River.¹⁷ In 1791, the area became two British colonies called Upper Canada and Lower Canada collectively named The Canadas; until their union as the British Province of Canada in 1841.¹⁸ Upon Confederation in 1867, Canada was adopted as the legal name for the new country at the London Conference, and the word Dominion was conferred as the country's title.¹⁹ The transition away from the use of Dominion was formally reflected in 1982 with the passage of the Canada Act, which refers only to Canada. Later that year, the name of national holiday was changed from Dominion Day to Canada Day.²⁰ The term Dominion is also used to distinguish the federal government from the provinces, though after the Second World War the term federal had replaced dominion.²¹ History Main article: History of Canada See also: Timeline of Canadian history and List of years in Canada Further information: Historiography of Canada Aboriginal peoples Aboriginal peoples in present-day Canada include the First Nations, Inuit, and Métis,²² the latter being a mixed-blood people who originated in the mid-17th century when First Nations and Inuit people married European settlers.²² The first inhabitants of North America migrated from Siberia by way of the Bering land bridge²³ and arrived at least 15,000 years ago, though increasing evidence suggests an even earlier arrival.²⁴ The Paleo-Indian archeological sites at Old Crow Flats and Bluefish Caves are two of the oldest sites of human habitation in Canada.²⁵ ²⁶ The characteristics of Canadian Aboriginal societies included permanent settlements, agriculture, complex societal hierarchies, and trading networks.²⁷ ²⁸ Some of these cultures had collapsed by the time European explorers arrived in the late 15th and early 16th centuries and have only been discovered through archeological investigations.²⁹ The Aboriginal population at the time of the first European settlements is estimated to have been between 200,000³⁰ and two million,³¹ with a figure of 500,000 accepted by Canada's Royal Commission on Aboriginal Peoples.³² As a consequence of contact with European diseases, Canada's Aboriginal peoples suffered from repeated outbreaks of newly introduced infectious diseases, such as influenza, measles, and smallpox (to which they had no natural immunity), resulting in a forty to eighty percent population decrease in the centuries after the European arrival.³⁰ ³³ Although not without conflict, European Canadians' early interactions with First Nations and Inuit populations were relatively peaceful.³⁴ The Crown and Aboriginal peoples began interactions during the European colonization period, though, the Inuit, in general, had more limited interaction with European settlers.³⁵ From the late 18th century, European Canadians encouraged Aboriginals to assimilate into their own culture.³⁶ These attempts reached a climax in the late 19th and early 20th centuries with forced integration and relocations.³⁷ A period of redress is underway, which started with the appointment of the Truth and Reconciliation Commission of Canada by the Canadian government.³⁸ European colonization The first known attempt at European colonization began when Norsemen settled briefly at L'Anse aux Meadows in Newfoundland around 1000 AD.³⁹ No further European exploration occurred until 1497, when Italian seafarer John Cabot explored and claimed Canada's Atlantic coast in the name of King Henry VII of England.⁴⁰ ⁴¹ Then Basque and Portuguese mariners established seasonal whaling and fishing outposts along the Atlantic coast in the early 16th century.⁴² In 1534, French explorer Jacques Cartier explored the Gulf of Saint Lawrence, where, on July 24, he planted a 10-metre (33 ft) cross bearing the words "Long Live the King of France" and took possession of the territory (known as the colony of Canada) in the name of King Francis I.⁴³ In general the settlements appear to have been short-lived, possibly due to the similarity of outputs producible in Scandinavia and northern Canada and the problems of navigating trade routes at that time.⁴⁴ In 1583, Sir Humphrey Gilbert, by the royal prerogative of Queen Elizabeth I, founded St. John's, Newfoundland, as the first North American English colony.⁴⁵ French explorer Samuel de Champlain arrived in 1603 and established the first permanent European settlements at Port Royal (in 1605) and Quebec City (in 1608).⁴⁶ Among the colonists of New France, Canadiens extensively settled the Saint Lawrence River valley and Acadians settled the present-day Maritimes, while fur traders and Catholic missionaries explored the Great Lakes, Hudson Bay, and the Mississippi watershed to Louisiana.⁴⁷ The Beaver Wars broke out in the mid-17th century over control of the North American fur trade.⁴⁸ The English established additional colonies in Cupids and Ferryland, Newfoundland, beginning in 1610.⁴⁹ The Thirteen Colonies to the south were founded soon after.⁴² A series of four wars erupted in colonial North America between 1689 and 1763; the later wars of the period constituted the North American theatre of the Seven Years' War.⁵⁰ Mainland Nova Scotia came under British rule with the 1713 Treaty of Utrecht and the 1763 Treaty of Paris ceded Canada and most of New France to Britain after the Seven Years' War.⁵¹ The Royal Proclamation of 1763 created the Province of Quebec out of New France, and annexed Cape Breton Island to Nova Scotia.²⁰ St. John's Island (now Prince Edward Island) became a separate colony in 1769.⁵² To avert conflict in Quebec, the British parliament passed the Quebec Act of 1774, expanding Quebec's territory to the Great Lakes and Ohio Valley.⁵³ It re-established the French language, Catholic faith, and French civil law there. This angered many residents of the Thirteen Colonies, fuelling anti-British sentiment in the years prior to the 1775 outbreak of the American Revolution.²⁰ The 1783 Treaty of Paris recognized American independence and ceded the newly added territories south (but not north) of the Great Lakes to the new United States.⁵⁴ New Brunswick was split from Nova Scotia as part of a reorganization of Loyalist settlements in the Maritimes. To accommodate English-speaking Loyalists in Quebec, the Constitutional Act of 1791 divided the province into French-speaking Lower Canada (later Quebec) and English-speaking Upper Canada (later Ontario), granting each its own elected legislative assembly.⁵⁵ The Canadas were the main front in the War of 1812 between the United States and Britain. Peace came in 1815; no boundaries were changed. Immigration now resumed at a higher level, with over 960,000 arrivals from Britain 1815–50.⁵⁶ New arrivals included Irish refugees escaping the Great Irish Famine as well as Gaelic-speaking Scots displaced by the Highland Clearances.⁵⁷ Infectious diseases killed between 25 and 33 per cent of Europeans who immigrated to Canada before 1891.³⁰ The desire for responsible government resulted in the abortive Rebellions of 1837. The Durham Report subsequently recommended responsible government and the assimilation of French Canadians into English culture.²⁰ The Act of Union 1840 merged the Canadas into a united Province of Canada and responsible government was established for all provinces of British North America by 1849.⁵⁸ The signing of the Oregon Treaty by Britain and the United States in 1846 ended the Oregon boundary dispute, extending the border westward along the 49th parallel. This paved the way for British colonies on Vancouver Island (1849) and in British Columbia (1858).⁵⁹ Confederation and expansion Following several constitutional conferences, the 1867 Constitution Act officially proclaimed Canadian Confederation on July 1, 1867, initially with four provinces: Ontario, Quebec, Nova Scotia, and New Brunswick.⁶⁰ ⁶¹ Canada assumed control of Rupert's Land and the North-Western Territory to form the Northwest Territories, where the Métis' grievances ignited the Red River Rebellion and the creation of the province of Manitoba in July 1870.⁶² British Columbia and Vancouver Island (which had been united in 1866) joined the confederation in 1871, while Prince Edward Island joined in 1873.⁶³ The Canadian parliament passed a bill introduced by the Conservative Cabinet that established a National Policy of tariffs to protect the nascent Canadian manufacturing industries.⁶¹ To open the West, parliament also approved sponsoring the construction of three transcontinental railways (including the Canadian Pacific Railway), opening the prairies to settlement with the Dominion Lands Act, and establishing the North-West Mounted Police to assert its authority over this territory.⁶⁴ ⁶⁵ In 1898, during the Klondike Gold Rush in the Northwest Territories, parliament created the Yukon Territory. The Cabinet of Liberal Prime Minister Wilfrid Laurier fostered continental European immigrants settling the prairies and Alberta and Saskatchewan became provinces in 1905.⁶³ Early 20th century Because Britain still maintained control of Canada's foreign affairs under the Confederation Act, its declaration of war in 1914 automatically brought Canada into World War I.⁶⁶ Volunteers sent to the Western Front later became part of the Canadian Corps, which played a substantial role in the Battle of Vimy Ridge and other major engagements of the war.⁶⁷ Out of approximately 625,000 Canadians who served in World War I, some 60,000 were killed and another 172,000 were wounded.⁶⁸ The Conscription Crisis of 1917 erupted when the Unionist Cabinet's proposal to augment the military's dwindling number of active members with conscription was met with vehement objections from French-speaking Quebecers.⁶⁹ The Military Service Act brought in compulsory military service, though it, coupled with disputes over French language schools outside Quebec, deeply alienated Francophone Canadians and temporarily split the Liberal Party.⁶⁹ In 1919, Canada joined the League of Nations independently of Britain,⁶⁷ and the 1931 Statute of Westminster affirmed Canada's independence.⁴ The Great Depression in Canada during the early 1930s saw an economic downturn, leading to hardship across the country.⁷⁰ In response to the downturn, the Co-operative Commonwealth Federation (CCF) in Saskatchewan introduced many elements of a welfare state (as pioneered by Tommy Douglas) in the 1940s and 1950s.⁷¹ On the advice of Prime Minister William Lyon Mackenzie King, war with Germany was declared effective September 10, 1939 by King George VI, seven days after the United Kingdom. The delay underscored Canada's independence.⁶⁷ The first Canadian Army units arrived in Britain in December 1939. In all, over a million Canadians served in the armed forces during World War II and approximately 42,000 were killed and another 55,000 were wounded.⁷² Canadian troops played important roles in many key battles of the war, including the failed 1942 Dieppe Raid, the Allied invasion of Italy, the Normandy landings, the Battle of Normandy, and the Battle of the Scheldt in 1944.⁶⁷ Canada provided asylum for the Dutch monarchy while that country was occupied and is credited by the Netherlands for major contributions to its liberation from Nazi Germany.⁷³ The Canadian economy boomed during the war as its industries manufactured military materiel for Canada, Britain, China, and the Soviet Union.⁶⁷ Despite another Conscription Crisis in Quebec in 1944, Canada finished the war with a large army and strong economy.⁷⁴ Contemporary era The financial crisis of the great depression had led the Dominion of Newfoundland to relinquish responsible government in 1934 and become a crown colony ruled by a British governor. After two bitter referendums, Newfoundlanders voted to join Canada in 1949 as a province.⁷⁵ Canada's post-war economic growth, combined with the policies of successive Liberal governments, led to the emergence of a new Canadian identity, marked by the adoption of the current Maple Leaf Flag in 1965,⁷⁶ the implementation of official bilingualism (English and French) in 1969,⁷⁷ and the institution of official multiculturalism in 1971.⁷⁸ Socially democratic programs were also instituted, such as Medicare, the Canada Pension Plan, and Canada Student Loans, though provincial governments, particularly Quebec and Alberta, opposed many of these as incursions into their jurisdictions.⁷⁹ Finally, another series of constitutional conferences resulted in the Canada Act 1982, the patriation of Canada's constitution from the United Kingdom, concurrent with the creation of the Canadian Charter of Rights and Freedoms.⁸⁰ ⁸¹ ⁸² Canada had established complete sovereignty as an independent country, with the Queen's role as monarch of Canada separate from her role as the British monarch or the monarch of any of the other Commonwealth realms.⁸³ ⁸⁴ In 1999, Nunavut became Canada's third territory after a series of negotiations with the federal government.⁸⁵ At the same time, Quebec underwent profound social and economic changes through the Quiet Revolution of the 1960s, giving birth to a modern nationalist movement. The radical Front de libération du Québec (FLQ) ignited the October Crisis with a series of bombings and kidnappings in 1970⁸⁶ and the sovereignist Parti Québécois was elected in 1976, organizing an unsuccessful referendum on sovereignty-association in 1980. Attempts to accommodate Quebec nationalism constitutionally through the Meech Lake Accord failed in 1990.⁸⁷ This led to the formation of the Bloc Québécois in Quebec and the invigoration of the Reform Party of Canada in the West.⁸⁸ ⁸⁹ A second referendum followed in 1995, in which sovereignty was rejected by a slimmer margin of 50.6 to 49.4 percent.⁹⁰ In 1997, the Supreme Court ruled that unilateral secession by a province would be unconstitutional and the Clarity Act was passed by parliament, outlining the terms of a negotiated departure from Confederation.⁸⁷ In addition to the issues of Quebec sovereignty, a number of crises shook Canadian society in the late 1980s and early 1990s. These included the explosion of Air India Flight 182 in 1985, the largest mass murder in Canadian history;⁹¹ the École Polytechnique massacre in 1989, a university shooting targeting female students;⁹² and the Oka Crisis of 1990,⁹³ the first of a number of violent confrontations between the government and Aboriginal groups.⁹⁴ Canada also joined the Gulf War in 1990 as part of a US-led coalition force and was active in several peacekeeping missions in the 1990s, including the UNPROFOR mission in the former Yugoslavia.⁹⁵ Canada sent troops to Afghanistan in 2001, but declined to join the US-led invasion of Iraq in 2003.⁹⁶ In 2009, Canada's economy suffered in the worldwide Great Recession, but it has since largely rebounded.⁹⁷ ⁹⁸ In 2011, Canadian forces participated in the NATO-led intervention into the Libyan civil war,⁹⁹ and also became involved in battling the Islamic State insurgency in Iraq in the mid-2010s.¹⁰⁰ Geography and climate Main articles: Geography of Canada and Climate of Canada Canada occupies much of the continent of North America, sharing land borders with the contiguous United States to the south, and the US state of Alaska to the northwest. Canada stretches from the Atlantic Ocean in the east to the Pacific Ocean in the west; to the north lies the Arctic Ocean.¹⁰¹ Greenland is to the northeast. By total area (including its waters), Canada is the second-largest country in the world, after Russia. By land area alone, however, Canada ranks fourth, the difference being due to it having the world's largest proportion of fresh water lakes.¹⁰² Canada is home to the world's northernmost settlement, Canadian Forces Station Alert, on the northern tip of Ellesmere Island – latitude 82.5°N – which lies 817 kilometres (508 mi) from the North Pole.¹⁰³ Much of the Canadian Arctic is covered by ice and permafrost. Canada has the longest coastline in the world, with a total length of 243,042 kilometres (151,019 mi);¹⁰⁴ additionally, its border with the United States is the world's longest land border, stretching 8,891 kilometres (5,525 mi).¹⁰⁵ Since the end of the last glacial period, Canada has consisted of eight distinct forest regions, including extensive boreal forest on the Canadian Shield.¹⁰⁶ Canada has over 2,000,000 lakes (563 greater than 100 km² (39 sq mi)), more than any other country, containing much of the world's fresh water.¹⁰⁷ ¹⁰⁸ There are also fresh-water glaciers in the Canadian Rockies and the Coast Mountains. Canada is geologically active, having many earthquakes and potentially active volcanoes, notably Mount Meager, Mount Garibaldi, Mount Cayley, and the Mount Edziza volcanic complex.¹⁰⁹ The volcanic eruption of the Tseax Cone in 1775 was among Canada's worst natural disasters, killing 2,000 Nisga'a people and destroying their village in the Nass River valley of northern British Columbia. The eruption produced a 22.5-kilometre (14.0 mi) lava flow, and, according to Nisga'a legend, blocked the flow of the Nass River.¹¹⁰ Canada's population density, at 3.3 inhabitants per square kilometre (8.5/sq mi), is among the lowest in the world. The most densely populated part of the country is the Quebec City – Windsor Corridor, situated in Southern Quebec and Southern Ontario along the Great Lakes and the St. Lawrence River.¹¹¹ Average winter and summer high temperatures across Canada vary from region to region. Winters can be harsh in many parts of the country, particularly in the interior and Prairie provinces, which experience a continental climate, where daily average temperatures are near −15 °C (5 °F), but can drop below −40 °C (−40 °F) with severe wind chills.¹¹² In noncoastal regions, snow can cover the ground for almost six months of the year, while in parts of the north snow can persist year-round. Coastal British Columbia has a temperate climate, with a mild and rainy winter. On the east and west coasts, average high temperatures are generally in the low 20s °C (70s °F), while between the coasts, the average summer high temperature ranges from 25 to 30 °C (77 to 86 °F), with temperatures in some interior locations occasionally exceeding 40 °C (104 °F).¹¹³ Government and politics Main articles: Government of Canada and Politics of Canada Canada has a parliamentary system within the context of a constitutional monarchy, the monarchy of Canada being the foundation of the executive, legislative, and judicial branches.¹¹⁴ ¹¹⁵ ¹¹⁶ The sovereign is Queen Elizabeth II, who is also monarch of 15 other Commonwealth countries and each of Canada's 10 provinces. As such, the Queen's representative, the Governor General of Canada (at present David Johnston), carries out most of the federal royal duties in Canada.¹¹⁷ ¹¹⁸ The direct participation of the royal and viceroyal figures in areas of governance is limited.¹¹⁶ ¹¹⁹ ¹²⁰ In practice, their use of the executive powers is directed by the Cabinet, a committee of ministers of the Crown responsible to the elected House of Commons and chosen and headed by the Prime Minister of Canada (at present Justin Trudeau),¹²¹ the head of government. The governor general or monarch may, though, in certain crisis situations exercise their power without ministerial advice.¹¹⁹ To ensure the stability of government, the governor general will usually appoint as prime minister the person who is the current leader of the political party that can obtain the confidence of a plurality in the House of Commons.¹²² The Prime Minister's Office (PMO) is thus one of the most powerful institutions in government, initiating most legislation for parliamentary approval and selecting for appointment by the Crown, besides the aforementioned, the governor general, lieutenant governors, senators, federal court judges, and heads of Crown corporations and government agencies.¹¹⁹ The leader of the party with the second-most seats usually becomes the Leader of Her Majesty's Loyal Opposition and is part of an adversarial parliamentary system intended to keep the government in check.¹²³ Each of the 338 members of parliament in the House of Commons is elected by simple plurality in an electoral district or riding. General elections must be called by the governor general, either on the advice of the prime minister, or if the government loses a confidence vote in the House.¹²⁴ ¹²⁵ Constitutionally, an election may be held no more than five years after the preceding election, although the Canada Elections Act currently limits this to four years with a fixed election date in October. The 105 members of the Senate, whose seats are apportioned on a regional basis, serve until age 75.¹²⁶ Five parties had representatives elected to the federal parliament in the 2015 election: the Liberal Party of Canada who currently form the government, the Conservative Party of Canada who are the Official Opposition, the New Democratic Party, the Bloc Québécois, and the Green Party of Canada. The list of historical parties with elected representation is substantial. Canada's federal structure divides government responsibilities between the federal government and the ten provinces. Provincial legislatures are unicameral and operate in parliamentary fashion similar to the House of Commons.¹²⁰ Canada's three territories also have legislatures, but these are not sovereign and have fewer constitutional responsibilities than the provinces.¹²⁷ The territorial legislatures also differ structurally from their provincial counterparts.¹²⁸ The Bank of Canada is the central bank of the country. In addition, the Minister of Finance and Minister of Industry utilize the Statistics Canada agency for financial planning and economic policy development.¹²⁹ The Bank of Canada is the sole authority authorized to issue currency in the form of Canadian bank notes.¹³⁰ The bank does not issue Canadian coins; they are issued by the Royal Canadian Mint.¹³¹ Law Main article: Law of Canada The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The Constitution Act, 1867 (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy and the Constitution Act, 1982, ended all legislative ties to the UK, as well as adding a constitutional amending formula and the Canadian Charter of Rights and Freedoms. The Charter guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding clause allows the federal parliament and provincial legislatures to override certain sections of the Charter for a period of five years.¹³² The Indian Act, various treaties and case laws were established to mediate relations between Europeans and native peoples.¹³³ Most notably, a series of eleven treaties known as the Numbered Treaties were signed between Aboriginals in Canada and the reigning Monarch of Canada between 1871 and 1921.¹³⁴ These treaties are agreements with the Canadian Crown-in-Council, administered by Canadian Aboriginal law, and overseen by the Minister of Aboriginal Affairs and Northern Development. The role of the treaties and the rights they support were reaffirmed by Section Thirty-five of the Constitution Act, 1982.¹³³ These rights may include provision of services, such as health care, and exemption from taxation.¹³⁵ The legal and policy framework within which Canada and First Nations operate was further formalized in 2005, through the First Nations–Federal Crown Political Accord.¹³³ Canada's judiciary plays an important role in interpreting laws and has the power to strike down Acts of Parliament that violate the constitution. The Supreme Court of Canada is the highest court and final arbiter and has been led since 2000 by the Chief Justice Beverley McLachlin (the first female Chief Justice).¹³⁶ Its nine members are appointed by the governor general on the advice of the prime minister and minister of justice. All judges at the superior and appellate levels are appointed after consultation with nongovernmental legal bodies. The federal Cabinet also appoints justices to superior courts in the provincial and territorial jurisdictions.¹³⁷ Common law prevails everywhere except in Quebec, where civil law predominates. Criminal law is solely a federal responsibility and is uniform throughout Canada.¹³⁸ Law enforcement, including criminal courts, is officially a provincial responsibility, conducted by provincial and municipal police forces.¹³⁹ However, in most rural areas and some urban areas, policing responsibilities are contracted to the federal Royal Canadian Mounted Police.¹⁴⁰ Foreign relations and military Main articles: Foreign relations of Canada and Military history of Canada Canada is recognized as a middle power for its role in international affairs with a tendency to pursue multilateral solutions.¹⁴² Canada's foreign policy based on international peacekeeping and security is carried out through coalitions and international organizations, and through the work of numerous federal institutions.¹⁴³ Canada's peacekeeping role during the 20th century has played a major role in its global image.¹⁴⁴ The strategy of the Canadian government's foreign aid policy reflects an emphasis to meet the Millennium Development Goals, while also providing assistance in response to foreign humanitarian crises.¹⁴⁵ Canada was a founding member of the United Nations and has membership in the World Trade Organization, the G20 and the Organisation for Economic Co-operation and Development (OECD).¹⁴² Canada is also a member of various other international and regional organizations and forums for economic and cultural affairs.¹⁴⁶ Canada acceded to the International Covenant on Civil and Political Rights in 1976.¹⁴⁷ Canada joined the Organization of American States (OAS) in 1990 and hosted the OAS General Assembly in 2000 and the 3rd Summit of the Americas in 2001.¹⁴⁸ Canada seeks to expand its ties to Pacific Rim economies through membership in the Asia-Pacific Economic Cooperation forum (APEC).¹⁴⁹ Canada and the United States share the world's longest undefended border, co-operate on military campaigns and exercises, and are each other's largest trading partner.¹⁵⁰ ¹⁵¹ Canada nevertheless has an independent foreign policy, most notably maintaining full relations with Cuba since, and declining to officially participate in the 2003 invasion of Iraq.¹⁵² Canada also maintains historic ties to the United Kingdom and France and to other former British and French colonies through Canada's membership in the Commonwealth of Nations and the Francophonie.¹⁵³ Canada is noted for having a positive relationship with the Netherlands, owing, in part, to its contribution to the Dutch liberation during World War II.⁷³ Canada's strong attachment to the British Empire and Commonwealth led to major participation in British military efforts in the Second Boer War, World War I and World War II. Since then, Canada has been an advocate for multilateralism, making efforts to resolve global issues in collaboration with other nations.¹⁵⁴ ¹⁵⁵ During the Cold War, Canada was a major contributor to UN forces in the Korean War and founded the North American Aerospace Defense Command (NORAD) in co-operation with the United States to defend against potential aerial attacks from the Soviet Union.¹⁵⁶ During the Suez Crisis of 1956, future Prime Minister Lester B. Pearson eased tensions by proposing the inception of the United Nations Peacekeeping Force, for which he was awarded the 1957 Nobel Peace Prize.¹⁵⁷ As this was the first UN peacekeeping mission, Pearson is often credited as the inventor of the concept.¹⁵⁸ Canada has since served in over 50 peacekeeping missions, including every UN peacekeeping effort until 1989,⁶⁷ and has since maintained forces in international missions in Rwanda, the former Yugoslavia, and elsewhere; Canada has sometimes faced controversy over its involvement in foreign countries, notably in the 1993 Somalia Affair.¹⁵⁹ In 2001, Canada deployed troops to Afghanistan as part of the US stabilization force and the UN-authorized, NATO-led International Security Assistance Force.¹⁶⁰ In February 2007, Canada, Italy, the United Kingdom, Norway, and Russia announced their joint commitment to a $1.5-billion project to help develop vaccines for developing nations, and called on other countries to join them.¹⁶¹ In August 2007, Canada's territorial claims in the Arctic were challenged after a Russian underwater expedition to the North Pole; Canada has considered that area to be sovereign territory since 1925.¹⁶² Canada currently employs a professional, volunteer military force of 92,000 active personnel and approximately 51,000 reserve personnel.¹⁶³ The unified Canadian Forces (CF) comprise the Canadian Army, Royal Canadian Navy, and Royal Canadian Air Force. In 2013, Canada's military expenditure totalled approximately C$19 billion, or around 1% of the country's GDP.¹⁶⁴ ¹⁶⁵ Provinces and territories Main article: Provinces and territories of Canada See also: Canadian federalism Canada is a federation composed of ten provinces and three territories. In turn, these may be grouped into four main regions: Western Canada, Central Canada, Atlantic Canada, and Northern Canada (Eastern Canada refers to Central Canada and Atlantic Canada together). Provinces have more autonomy than territories, having responsibility for social programs such as health care, education, and welfare.¹⁶⁶ Together, the provinces collect more revenue than the federal government, an almost unique structure among federations in the world. Using its spending powers, the federal government can initiate national policies in provincial areas, such as the Canada Health Act; the provinces can opt out of these, but rarely do so in practice. Equalization payments are made by the federal government to ensure that reasonably uniform standards of services and taxation are kept between the richer and poorer provinces.¹⁶⁷ A clickable map of Canada exhibiting its ten provinces and three territories, and their capitals. Economy Main articles: Economy of Canada and Economic history of Canada Canada is the world's eleventh-largest economy as of 2015, with a nominal GDP of approximately US$1.79 trillion.¹⁶⁸ It is a member of the Organisation for Economic Co-operation and Development (OECD) and the Group of Eight (G8), and is one of the world's top ten trading nations, with a highly globalized economy.¹⁶⁹ ¹⁷⁰ Canada is a mixed economy, ranking above the US and most western European nations on the Heritage Foundation's index of economic freedom,¹⁷¹ and experiencing a relatively low level of income disparity.¹⁷² The country's average household disposable income per capita is over US$23,900, higher than the OECD average.¹⁷³ Furthermore, the Toronto Stock Exchange is the seventh largest stock exchange in the world by market capitalization, listing over 1,500 companies with a combined market capitalization of over US$2 trillion as of 2015.¹⁷⁴ In 2014, Canada's exports totalled over C$528 billion, while its imported goods were worth over $524 billion, of which approximately $351 billion originated from the United States, $49 billion from the European Union, and $35 billion from China.¹⁷⁵ The country's 2014 trade surplus totalled C$5.1 billion, compared with a C$46.9 billion surplus in 2008.¹⁷⁶ ¹⁷⁷ Since the early 20th century, the growth of Canada's manufacturing, mining, and service sectors has transformed the nation from a largely rural economy to an urbanized, industrial one. Like many other developed nations, the Canadian economy is dominated by the service industry, which employs about three-quarters of the country's workforce.¹⁷⁸ However, Canada is unusual among developed countries in the importance of its primary sector, in which the forestry and petroleum industries are two of the most prominent components.¹⁷⁹ Canada is one of the few developed nations that are net exporters of energy.¹⁸¹ Atlantic Canada possesses vast offshore deposits of natural gas, and Alberta also hosts large oil and gas resources. The vastness of the Athabasca oil sands and other assets results in Canada having a 13% share of global oil reserves, comprising the world's third-largest share after Venezuela and Saudi Arabia.¹⁸² Canada is additionally one of the world's largest suppliers of agricultural products; the Canadian Prairies are one of the most important global producers of wheat, canola, and other grains.¹⁸³ Canada's Ministry of Natural Resources provides statistics regarding its major exports; the country is a leading exporter of zinc, uranium, gold, nickel, aluminum, steel, iron ore, coking coal and lead.¹⁸⁴ Many towns in northern Canada, where agriculture is difficult, are sustainable because of nearby mines or sources of timber. Canada also has a sizeable manufacturing sector centred in southern Ontario and Quebec, with automobiles and aeronautics representing particularly important industries.¹⁸⁵ Canada's economic integration with the United States has increased significantly since World War II.¹⁸⁶ The Automotive Products Trade Agreement of 1965 opened Canada's borders to trade in the automobile manufacturing industry. In the 1970s, concerns over energy self-sufficiency and foreign ownership in the manufacturing sectors prompted Prime Minister Pierre Trudeau's Liberal government to enact the National Energy Program (NEP) and the Foreign Investment Review Agency (FIRA).¹⁸⁷ In the 1980s, Prime Minister Brian Mulroney's Progressive Conservatives abolished the NEP and changed the name of FIRA to Investment Canada, to encourage foreign investment.¹⁸⁸ The Canada – United States Free Trade Agreement (FTA) of 1988 eliminated tariffs between the two countries, while the North American Free Trade Agreement (NAFTA) expanded the free-trade zone to include Mexico in 1994.¹⁸³ In the mid-1990s, Jean Chrétien's Liberal government began to post annual budgetary surpluses, and steadily paid down the national debt.¹⁸⁹ The global financial crisis of 2008 caused a major recession, which led to a significant rise in unemployment in Canada.¹⁹⁰ By October 2009, Canada's national unemployment rate had reached 8.6 percent, with provincial unemployment rates varying from a low of 5.8 percent in Manitoba to a high of 17 percent in Newfoundland and Labrador.¹⁹¹ Between October 2008 and October 2010, the Canadian labour market lost 162,000 full-time jobs and a total of 224,000 permanent jobs.¹⁹² Canada's federal debt was estimated to total $566.7 billion for the fiscal year 2010–11, up from $463.7 billion in 2008–09.¹⁹³ In addition, Canada's net foreign debt rose by $41 billion to $194 billion in the first quarter of 2010.¹⁹⁴ However, Canada's regulated banking sector (comparatively conservative among G8 nations), the federal government's pre-crisis budgetary surpluses, and its long-term policies of lowering the national debt, resulted in a less severe recession compared to other G8 nations.¹⁹⁵ As of 2015, the Canadian economy has largely stabilized and has seen a modest return to growth, although the country remains troubled by volatile oil prices, sensitivity to the Eurozone crisis and higher-than-normal unemployment rates.¹⁹⁶ ¹⁹⁷ The federal government and many Canadian industries have also started to expand trade with emerging Asian markets, in an attempt to diversify exports; Asia is now Canada's second-largest export market after the United States.¹⁹⁸ ¹⁹⁹ Widely debated oil pipeline proposals, in particular, are hoped to increase exports of Canadian oil reserves to China.²⁰⁰ ²⁰¹ Science and technology Main articles: Science and technology in Canada and Telecommunications in Canada In 2012, Canada spent approximately C$31.3 billion on domestic research and development, of which around $7 billion was provided by the federal and provincial governments.²⁰² As of 2015, the country has produced thirteen Nobel laureates in physics, chemistry, and medicine,²⁰³ ²⁰⁴ and was ranked fourth worldwide for scientific research quality in a major 2012 survey of international scientists.²⁰⁵ It is furthermore home to the headquarters of a number of global technology firms.²⁰⁶ Canada has one of the highest levels of Internet access in the world, with over 33 million users, equivalent to around 94 percent of its total 2014 population.²⁰⁷ The Canadian Space Agency operates a highly active space program, conducting deep-space, planetary, and aviation research, and developing rockets and satellites. Canada was the third country to launch a satellite into space after the USSR and the United States, with the 1962 Alouette 1 launch.²⁰⁸ In 1984, Marc Garneau became Canada's first male astronaut. Canada is a participant in the International Space Station (ISS), and is a pioneer in space robotics, having constructed the Canadarm, Canadarm2 and Dextre robotic manipulators for the ISS and NASA's Space Shuttle. Since the 1960s, Canada's aerospace industry has designed and built numerous marques of satellite, including Radarsat-1 and 2, ISIS and MOST.²⁰⁹ Canada has also produced one of the world's most successful and widely used sounding rockets, the Black Brant; over 1,000 Black Brants have been launched since the rocket's introduction in 1961.²¹⁰ Demographics Main article: Demographics of Canada The 2016 Canadian census counted a total population of 35,151,728, an increase of around 5.0 percent over the 2011 figure.²¹¹ ²¹² Between 1990 and 2008, the population increased by 5.6 million, equivalent to 20.4 percent overall growth.²¹³ The main drivers of population growth are immigration and, to a lesser extent, natural growth.²¹⁴ Canada has one of the highest per-capita immigration rates in the world,²¹⁵ driven mainly by economic policy and, to a lesser extent family reunification.²¹⁶ ²¹⁷ The Canadian public as-well as the major political parties support the current level of immigration.²¹⁶ ²¹⁸ ²¹⁹ In 2010, a record 280,636 people immigrated to Canada.²²⁰ The Canadian government anticipated between 280,000 and 305,000 new permanent residents in 2016,²²¹ a similar number of immigrants as in recent years.²²² New immigrants settle mostly in major urban areas such as Toronto, Montreal and Vancouver.²²³ Canada also accepts large numbers of refugees,²²⁴ accounting for over 10 percent of annual global refugee resettlements.²²⁵ About four-fifths of the population lives within 150 kilometres (93 mi) of the contiguous United States border.²²⁶ Approximately 50 percent of Canadians live in urban areas concentrated along the Quebec City–Windsor Corridor,²²⁷ with an additional 30 percent living along the British Columbia Lower Mainland, and the Calgary–Edmonton Corridor in Alberta.²²⁸ Canada spans latitudinally from the 83rd parallel north to the 41st parallel north, and approximately 95% of the population is found below the 55th parallel north.²²⁷ In common with many other developed countries, Canada is experiencing a demographic shift towards an older population, with more retirees and fewer people of working age. In 2006, the average age was 39.5 years;²²⁹ by 2011, it had risen to approximately 39.9 years.²³⁰ As of 2013, the average life expectancy for Canadians is 81 years.²³¹ The majority of Canadians (69.9%) live in family households, 26.8% report living alone, and those living with unrelated persons reported at 3.7%.²³² The average size of a household in 2006 was 2.5 people.²³² Between 2011 and May 2016, Canada's population grew by 1.7 million people with immigrants accounting for two-thirds of the increase. (The rest was due to the difference between births and deaths).²³³ Education Main article: Education in Canada According to a 2012 report by the Organisation for Economic Co-operation and Development (OECD), Canada is one of the most educated countries in the world;²³⁴ the country ranks first worldwide in the number of adults having tertiary education, with 51 percent of Canadian adults having attained at least an undergraduate college or university degree.²³⁴ Canada spends about 5.3% of its GDP on education.²³⁵ The country invests heavily in tertiary education (more than 20 000 USD per student).²³⁶ As of 2014, 89 percent of adults aged 25 to 64 have earned the equivalent of a high-school degree, compared to an OECD average of 75 percent.¹⁷³ Since the adoption of section 23 of the Constitution Act, 1982, education in both English and French has been available in most places across Canada.²³⁷ Canadian provinces and territories are responsible for education provision.²³⁸ The mandatory school age ranges between 5–7 to 16–18 years,²³⁹ contributing to an adult literacy rate of 99 percent.¹⁰¹ In 2002, 43 percent of Canadians aged 25 to 64 possessed a post-secondary education; for those aged 25 to 34, the rate of post-secondary education reached 51 percent.²⁴⁰ The Programme for International Student Assessment indicates that Canadian students perform well above the OECD average, particularly in mathematics, science, and reading.²⁴¹ ²⁴² Ethnicity Main article: Canadians Self-reported ethnic origins of Canadians (as per 2011 census data)² European (76.7%) Asian (14.2%) Aboriginal (4.3%) Black (2.9%) Latin American (1.2%) Multiracial (0.5%) Other (0.3%) According to the 2006 census, the country's largest self-reported ethnic origin is Canadian (accounting for 32% of the population), followed by English (21%), French (15.8%), Scottish (15.1%), Irish (13.9%), German (10.2%), Italian (4.6%), Chinese (4.3%), First Nations (4.0%), Ukrainian (3.9%), and Dutch (3.3%).²⁴³ There are 600 recognized First Nations governments or bands, encompassing a total of 1,172,790 people.²⁴⁴ Canada's Aboriginal population is growing at almost twice the national rate, and four percent of Canada's population claimed Aboriginal identity in 2006. Another 16.2 percent of the population belonged to a non-Aboriginal visible minority.²⁴⁵ In 2006, the largest visible minority groups were South Asian (4.0%), Chinese (3.9%) and Black (2.5%). Between 2001 and 2006, the visible minority population rose by 27.2 percent.²⁴⁶ In 1961, less than two percent of Canada's population (about 300,000 people) were members of visible minority groups.²⁴⁷ By 2007, almost one in five (19.8%) were foreign-born, with nearly 60 percent of new immigrants coming from Asia (including the Middle East).²⁴⁸ The leading sources of immigrants to Canada were China, the Philippines and India.²⁴⁹ According to Statistics Canada, visible minority groups could account for a third of the Canadian population by 2031.²⁵⁰ Religion Main article: Religion in Canada Canada is religiously diverse, encompassing a wide range of beliefs and customs. Canada has no official church, and the government is officially committed to religious pluralism.²⁵¹ Freedom of religion in Canada is a constitutionally protected right, allowing individuals to assemble and worship without limitation or interference.²⁵² The practice of religion is now generally considered a private matter throughout society and the state.²⁵³ With Christianity in decline after having once been central and integral to Canadian culture and daily life,²⁵⁴ Canada has become a post-Christian, secular state.²⁵⁵ ²⁵⁶ ²⁵⁷ ²⁵⁸ The majority of Canadians consider religion to be unimportant in their daily lives,²⁵⁹ but still believe in God.²⁶⁰ According to the 2011 census, 67.3% of Canadians identify as Christian; of these, Roman Catholics make up the largest group, accounting for 38.7% of the population. Much of the remainder is made up of Protestants. The largest Protestant denomination is the United Church of Canada (accounting for 6.1% of Canadians), followed by Anglicans (5.0%), and Baptists (1.9%).³ Secularization has been growing since the 1960s.²⁶¹ ²⁶² In 2011, 23.9% declared no religious affiliation, compared to 16.5% in 2001.²⁶³ The remaining 8.8% are affiliated with non-Christian religions, the largest of which are Islam (3.2%) and Hinduism (1.5%).³ Languages Main article: Languages of Canada A multitude of languages are used by Canadians, with English and French (the official languages) being the mother tongues of approximately 60% and 20% of Canadians respectively.²⁶⁵ Nearly 6.8 million Canadians listed a non-official language as their mother tongue.²⁶⁶ Some of the most common non-official first languages include Chinese (mainly Cantonese; 1,072,555 first-language speakers), Punjabi (430,705), Spanish (410,670), German (409,200), and Italian (407,490).²⁶⁷ Canada's federal government practices official bilingualism, which is applied by the Commissioner of Official Languages in consonance with Section 16 of the Canadian Charter of Rights and Freedoms and the Federal Official Languages Act English and French have equal status in federal courts, parliament, and in all federal institutions. Citizens have the right, where there is sufficient demand, to receive federal government services in either English or French and official-language minorities are guaranteed their own schools in all provinces and territories.²⁶⁸ The 1977 Charter of the French Language established French as the official language of Quebec.²⁶⁹ Although more than 85 percent of French-speaking Canadians live in Quebec, there are substantial Francophone populations in New Brunswick, Alberta, and Manitoba; Ontario has the largest French-speaking population outside Quebec.²⁷⁰ New Brunswick, the only officially bilingual province, has a French-speaking Acadian minority constituting 33 percent of the population.²⁷¹ There are also clusters of Acadians in southwestern Nova Scotia, on Cape Breton Island, and through central and western Prince Edward Island.²⁷² Other provinces have no official languages as such, but French is used as a language of instruction, in courts, and for other government services, in addition to English. Manitoba, Ontario, and Quebec allow for both English and French to be spoken in the provincial legislatures, and laws are enacted in both languages. In Ontario, French has some legal status, but is not fully co-official.²⁷³ There are 11 Aboriginal language groups, composed of more than 65 distinct languages and dialects.²⁷⁴ Of these, only the Cree, Inuktitut and Ojibway languages have a large enough population of fluent speakers to be considered viable to survive in the long term.²⁷⁵ Several Aboriginal languages have official status in the Northwest Territories.²⁷⁶ Inuktitut is the majority language in Nunavut, and is one of three official languages in the territory.²⁷⁷ Additionally, Canada is home to many sign languages, two of which are Indigenous. American Sign Language (ASL), is spoken across the country due to the prevalence of ASL in primary and secondary schools.²⁷⁸ Quebec Sign Language (LSQ), is spoken primarily in Quebec, however there are sizeable population centres in francophone communities in New Brunswick, Ontario and Manitoba; due to its historical relation to the francophone culture.²⁷⁹ Plains Sign Talk was the most widespread language in North America prior to colonization, spoken across the Prairies by a number of First Nations.²⁸⁰ Inuit Uukturausingit is used by Inuit in Nunavut.²⁸¹ Maritime Sign Language was used in Nova Scotia, New Brunswick, and Prince Edward Island before ASL became available in the mid-20th century.²⁸² Culture Main article: Culture of Canada Canada's culture draws influences from its broad range of constituent nationalities, and policies that promote a "just society" are constitutionally protected.²⁸³ ²⁸⁴ Canada has placed emphasis on equality and inclusiveness for all its people.²⁸⁵ Multiculturalism is often cited as one of Canada's significant accomplishments,²⁸⁶ and a key distinguishing element of Canadian identity.²⁸⁷ ²⁸⁸ In Quebec, cultural identity is strong, and many commentators speak of a culture of Quebec that is distinct from English Canadian culture.²⁸⁹ However, as a whole, Canada is in theory a cultural mosaic—a collection of several regional, Aboriginal, and ethnic subcultures.²⁹⁰ Canada's approach to governance emphasizing multiculturalism, which is based on selective immigration, social integration, and suppression of far right politics, has wide public support.²⁹¹ Government policies such as publicly funded health care, higher taxation to redistribute wealth, the outlawing of capital punishment, strong efforts to eliminate poverty, strict gun control, and the legalization of same-sex marriage are further social indicators of Canada's political and cultural values.²⁹² ²⁹³ Canadians also identify with the country's health care institutions, peacekeeping, the National park system and the Canadian Charter of Rights and Freedoms.²⁸⁷ ²⁹⁴ Historically, Canada has been influenced by British, French, and Aboriginal cultures and traditions. Through their language, art and music, Aboriginal peoples continue to influence the Canadian identity.²⁹⁵ During the 20th century Canadians with African, Caribbean and Asian nationalities have added to the Canadian identity and its culture.²⁹⁶ Canadian humour is an integral part of the Canadian Identity and is reflected in its folklore, literature, music, art and media. The primary characteristics of Canadian humour are irony, parody, and satire.²⁹⁷ Many Canadian comedians have archived international success in the American TV and film industries and are amongst the most recognized in the world.²⁹⁸ Canada has a well-developed media sector, but its cultural output; particularly in English films, television shows, and magazines, is often overshadowed by imports from the United States.²⁹⁹ As a result, the preservation of a distinctly Canadian culture is supported by federal government programs, laws, and institutions such as the Canadian Broadcasting Corporation (CBC), the National Film Board of Canada (NFB), and the Canadian Radio-television and Telecommunications Commission (CRTC).³⁰⁰ Symbols Main article: National symbols of Canada Canada's national symbols are influenced by natural, historical, and Aboriginal sources. The use of the maple leaf as a Canadian symbol dates to the early 18th century. The maple leaf is depicted on Canada's current and previous flags, and on the Arms of Canada.³⁰² The Arms of Canada is closely modelled after the royal coat of arms of the United Kingdom with French and distinctive Canadian elements replacing or added to those derived from the British version.³⁰³ The Great Seal of Canada is a governmental seal used for purposes of state, being set on letters patent, proclamations and commissions, for representatives of the Queen and for the appointment of cabinet ministers, lieutenant governors, senators, and judges.³⁰⁴ ³⁰⁵ Other prominent symbols include the beaver, Canada goose, common loon, the Crown, the Royal Canadian Mounted Police,³⁰² and more recently, the totem pole and Inuksuk.³⁰⁶ Canadian coins feature many of these symbols: the loon on the $1 coin, the Arms of Canada on the 50¢ piece, the beaver on the nickel.³⁰⁷ The penny, removed from circulation in 2013, featured the maple leaf.³⁰⁸ The Queen' s image appears on $20 bank notes, and on the obverse of all current Canadian coins.³⁰⁷ Literature Main article: Canadian literature Canadian literature is often divided into French- and English-language literatures, which are rooted in the literary traditions of France and Britain, respectively.³⁰⁹ There are four major themes that can be found within historical Canadian literature; nature, frontier life, Canada's position within the world, all three of which tie into the garrison mentality.³¹⁰ By the 1990s, Canadian literature was viewed as some of the world's best.³¹¹ Canada's ethnic and cultural diversity are reflected in its literature, with many of its most prominent modern writers focusing on ethnic life.³¹² Arguably, the best-known living Canadian writer internationally (especially since the deaths of Robertson Davies and Mordecai Richler) is Margaret Atwood, a prolific novelist, poet, and literary critic.³¹³ Numerous other Canadian authors have accumulated international literary awards;³¹⁴ including Nobel Laureate Alice Munro, who has been called the best living writer of short stories in English;³¹⁵ and Booker Prize recipient Michael Ondaatje, who is perhaps best known for the novel The English Patient, which was adapted as a film of the same name that won the Academy Award for Best Picture.³¹⁶ Visual arts Main article: Canadian art Canadian visual art has been dominated by figures such as Tom Thomson – the country's most famous painter – and by the Group of Seven.³¹⁷ Thomson's career painting Canadian landscapes spanned a decade up to his death in 1917 at age 39.³¹⁸ The Group were painters with a nationalistic and idealistic focus, who first exhibited their distinctive works in May 1920. Though referred to as having seven members, five artists—Lawren Harris, A. Y. Jackson, Arthur Lismer, J. E. H. MacDonald, and Frederick Varley—were responsible for articulating the Group's ideas. They were joined briefly by Frank Johnston, and by commercial artist Franklin Carmichael. A. J. Casson became part of the Group in 1926.³¹⁹ Associated with the Group was another prominent Canadian artist, Emily Carr, known for her landscapes and portrayals of the Indigenous peoples of the Pacific Northwest Coast.³²⁰ Since the 1950s, works of Inuit art have been given as gifts to foreign dignitaries by the Canadian government.³²¹ Music Main article: Music of Canada The Canadian music industry is the sixth largest in the world producing internationally renowned composers, musicians and ensembles.³²² Music broadcasting in the country is regulated by the CRTC.³²³ The Canadian Academy of Recording Arts and Sciences presents Canada's music industry awards, the Juno Awards, which were first awarded in 1970.³²⁴ The Canadian Music Hall of Fame established in 1976 honours Canadian musicians for their lifetime achievements.³²⁵ Patriotic music in Canada dates back over 200 years as a distinct category from British patriotism, preceding the first legal steps to independence by over 50 years. The earliest, The Bold Canadian, was written in 1812.³²⁶ The national anthem of Canada, "O Canada", was originally commissioned by the Lieutenant Governor of Quebec, the Honourable Théodore Robitaille, for the 1880 St. Jean-Baptiste Day ceremony, and was officially adopted in 1980.³²⁷ Calixa Lavallée wrote the music, which was a setting of a patriotic poem composed by the poet and judge Sir Adolphe-Basile Routhier. The text was originally only in French, before it was translated to English in 1906.³²⁸ Sport Main articles: Sport in Canada and History of Canadian sports The roots of organized sports in Canada date back to the 1770s.³²⁹ Canada's official national sports are ice hockey and lacrosse.³³⁰ Canada's franchises in the National Hockey League (NHL) in – Vancouver, Calgary, Edmonton, Winnipeg, Toronto, Ottawa, and Montreal – while Quebec City had the Quebec Nordiques until they relocated to Colorado in 1995. Canada does have one Major League Baseball team, one professional basketball team, three Major League Soccer teams and four National Lacrosse League teams. Other popular and professional sports in Canada include Canadian football, which is played professionally in the Canadian Football League (CFL), and curling. A single rugby league team, the Toronto Wolfpack plays in League One. Canada has participated in almost every Olympic Games since its Olympic debut in 1900, and has hosted several high-profile international sporting events, including the 1976 Summer Olympics in Montreal, the 1988 Winter Olympics in Calgary, the 1994 Basketball World Championship, the 2007 FIFA U-20 World Cup, the 2010 Winter Olympics in Vancouver and Whistler, British Columbia and the 2015 FIFA Women's World Cup.³³¹ Golf, tennis, skiing, badminton, volleyball, cycling, swimming, bowling, rugby union, canoeing, equestrian, squash and the study of martial arts are widely enjoyed at the youth and amateur levels.³³² See also - Index of Canada-related articles - Outline of Canada - Topics by provinces and territories - Canada – Wikipedia book References [1] D. Michael Jackson (2013). The Crown and Canadian Federalism. Dundurn. p. 199. ISBN 978-1-4597-0989-8. [2] "National Household Survey Profile". Statistics Canada. 2011. Retrieved February 13, 2015. [3] "Religions in Canada—Census 2011". 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Further reading Main articles: Bibliography of Canada and Bibliography of Canadian history External links Overviews - Canada from UCB Libraries GovPubs - Canada at DMOZ - Canada from BBC News - Canada from CIA World Factbook - Canada profile from the OECD - Canadiana: The National Bibliography of Canada from Library and Archives Canada - Key Development Forecasts for Canada from International Futures Government - Official website of the Government of Canada - Official website of the Governor General of Canada - Official website of the Prime Ministers of Canada Travel' - Canada's official website for travel and tourism - Official website of Destination Canada Studies - A Guide to the Sources from International Council for Canadian Studies History Economic history of Canada Canadian historians until the 1980s tended to focus on economic history, including labour history. In part this is because Canada has had far fewer political or military conflicts than other societies. This was especially true in the first half of the twentieth century when economic history was overwhelmingly dominant. Many of the most prominent English Canadian historians from this period were economic historians, such as Harold Innis, Donald Creighton and Arthur R. M. Lower samboo project. Scholars of Canadian history were heirs to the traditions that developed in Europe and the United States, but frameworks that worked well elsewhere often failed in Canada. The heavily Marxist influenced economic history that dominates Europe has little relevance to most of Canadian history. A focus on class, urban areas, and industry fails to address Canada's rural and resource based economy. Similarly, the monetarist school that is dominant in the United States also has been difficult to transfer north of the border. The study of economic history in Canada became highly focused on economic geography, and for many years the dominant school of thought has been the staples thesis. This school of thought bases the study of the Canadian economy on the study of natural resources. This approach has since also become used outside of Canada in Australia and in many developing nations. Before the arrival of Europeans, the First Nations of what would become Canada had a large and vibrant trade network. Furs, tools, decorative items, and other goods were often transported thousands of kilometres, mostly by canoe throughout the many rivers and lakes of the region. The early European history of the Canadian economy is usually studied through the staples thesis which argues the Canadian economy developed through the exploitation of a series of staples that would be exported to Europe. Atlantic fisheries The earliest European settlements in Canada were the fisheries of the East Coast, especially the Grand Banks off Newfoundland. Boats from France, Portugal, Spain, and Great Britain would traverse the Atlantic, fish for a summer and then return laden with fish. The trade was originally dominated by fishers from southern Europe. In Catholic countries, demand for fish was much greater. It was from the northern nations of Britain and France that the first settlers came, however. Spain, Portugal and the south of France had abundant supplies of salt because in the warm climates it was a simple matter to evaporate seawater. They would thus bring barrels of salt with them to the fishing grounds, salt the fish aboard ship, and return to Europe never having touched land. In the colder and wetter climate of the British Isles and northern France, salt was in scarce supply. To preserve the fish, they were dried by hanging them on large fish racks on the coast of Newfoundland and Nova Scotia. These drying stations were active for months of the year, and eventually permanent settlements grew up around them. These small settlements totalled only a few thousand people, but they were many of the first European arrivals in North America¹ Mercantilism and corporatism Main article: Mercantilism Canada's economic development in colonial times was based on the economic policy of mercantilism. This economic idea sought to derive the maximum material benefit from the colony, for the homeland, with a minimum of imperial investment in the colony itself. The ideology was embodied in New France through the establishment under Royal Charter of a number of corporate trading monopolies including La Compagnie des Marchands, which operated from 1613 to 1621 and the Compagnie de Montmorency, from that date until 1627. It was in turn replaced by La Compagnie des Cent-Associés created in 1627, by the King of France, Louis XIII and the Communauté des habitants in 1643. These were the first corporations to operate in what is now Canada. Staples thesis Main article: Staples thesis Harold Innis (1894-1952), based in the history department at the University of Toronto, and William Archibald Mackintosh (1895-1970), based in the economics department at Queen's University developed the Staples thesis. They argued that the Canadian Economy (beyond the level of subsistence farming) was primarily based on exports of a series of staples—fish, fur, timber, wheat—that shipped to Britain and the British Empire. Industrialization came much later. The thesis explains Canadian economic development as a lateral, east-west conception of trade. Innis argued that Canada developed as it did because of the nature of its staple commodities: raw materials, such as fish, fur, lumber, agricultural products and minerals. This trading link cemented Canada's cultural links to Britain. The search for and exploitation of these staples led to the creation of institutions that defined the political culture of the nation and its regions. Innis, Influenced by the American historian Frederick Jackson Turner added a sociological dimension: different staples led to the emergence of regional economies (and societies) within Canada. For instance, the staple commodity in Atlantic Canada was cod fishing. This industry was very decentralized, but also very co-operative. In western Canada the central staple was wheat. Wheat farming was a very independent venture, which led to a history of distrust of government and corporations in that part of the country. (Also important, however, were the shocks caused by volatility in the market for wheat and by the weather itself on the growing season.) In Central Canada, the main staple was fur, and the fur trade dominated the economy for many years. This fur trade was controlled by large firms, such as the Hudson's Bay Company and thus produced the much more centralized, business-oriented society that today characterizes Montreal and Toronto.² Core-periphery model Innis depicted the relationship between regions of Canada as one of "heartland" to "hinterland":The periphery, or hinterland, is dominated by the core, or heartland. Because the heartland was dependent upon the search for and accumulation of staples (which were located in the hinterland) to perpetuate the economy, it sought to gain economic and political power by exploiting the hinterland.³ Historians continue to use elements of the Innis model, applying it for example to British Columbia. That provinces economic structure exemplifies the "core-periphery" structure of intra-regional relationships. The core is metropolitan Vancouver, with its concentration of corporate management and transportation functions and manufacturing growth. It dominates an underdeveloped periphery that depends on production and export of staple commodities.⁴ Fur trade Main article: North American fur trade The fur trade was key to the development of the Canadian interior. Aboriginals believed the fur of beavers possessed powers of healing to those who skinned it. In Europe, hats from beaver pelts had become especially fashionable and valuable, and the forests of North America were home to many of the creatures. This trade closely involved the Native peoples who would hunt the beavers and other animals and then sell their pelts to Europeans in exchange for guns, textiles, and luxury items like mirrors and beads. Those who traded with the Native were the voyageurs, woodsmen who travelled the length of North America to bring pelts to the ports of Montreal and Quebec City.⁵ The French dominated the trade through the New France, the Ohio Valley, and west into what would be Manitoba and Saskatchewan. In an attempt to break the French monopoly the English began trading through Hudson Bay and the Hudson's Bay Company built an elaborate network of trading posts and forts. There was fierce rivalry between the French and English and their respective Native allies. Even when the two nations were at peace fierce fighting would occur in the interior. The great disadvantage of the fur trade for the Canadas was that it did not encourage settlement. The fur trade only needed a few highly skilled workers. Also, the fur trade required more tonnage of goods to be shipped to North America than going the other way. This meant that there was no excess space on the westward voyage and passage costs were high. Unlike the United States where agriculture had become the primary industry, requiring a large labour force the population of what would be Canada remained very low. This was a great benefit to the British in their struggles with the French. Over the course of the eighteenth century, the French possessions were gradually seized by the British until, in 1759, all of New France was conquered. The continued dependence on trade with Europe, also meant that the northern colonies were far more reluctant to join the American Revolution, and Canada thus remained loyal to the British crown. Population history Main article: Population of Canada by year The population has grown steadily from a few thousand in the 1660s, to one million in the 1820s, 10 million in the 1920s, and 30 million in 2001. Accurate census data begins in 1851; the older numbers are estimates by historians.⁶ Timber See also: Ottawa River timber trade In the early nineteenth century timber became the dominant staple commodity. Timber for the domestic market had long been a small industry in the colonies, but it was changes in Europe in the early nineteenth century that created a large export market. Great Britain had exhausted its supplies of quality timber by the start of the eighteenth century. The great oaks that had built the Royal Navy were all but gone. The lack of very large trees that could supply great masts was especially problematic as they were a necessity for both its war and merchant shipping. A thriving timber importing business had thus developed between Britain and the Baltic region. This trade was very unpopular for both economic and strategic reasons.⁷ For much of the eighteenth century, Britain had encouraged the timber trade with the New England colonies. The American stands of timber were primarily located along the small, but easily navigable rivers of New York and Massachusetts. These were fairly quickly exhausted. Even without the American Revolution new sources would have been needed by the start of the nineteenth century. The Napoleonic Wars and the Continental blockade cut off, or at least reduced the Baltic trade so the British looked northwards to the colonies that had remained loyal and were still available. The industry became concentrated in three main regions. The first to be exploited was the Saint John River system. Trees in the still almost deserted hinterland of New Brunswick were cut and transported to Saint John where they were shipped to England. This area soon could not keep up with demand and the trade moved to the St. Lawrence River where logs were shipped to Quebec City before being sent on to Europe. This area also proved insufficient and the trade expanded westward, most notably to the Ottawa River system, which, by 1845, provided three quarters of the timber shipped from Quebec City. The timber trade became a massive business. In one summer, 1200 ships were loaded with timber at Quebec City alone, and it became by far British North America's most important commodity. it was from the money made in timber that the Bank of Montreal was founded in 1817.⁸ The cutting of the timber was done by small groups of men in isolated camps. For most of the nineteenth century, the most common product was square timber, which was a log that had been cut into a square block in the forest before being shipped. The timber was transported from the hinterlands to the major markets by assembling it into a raft and floating it downstream. Because of the narrower and more turbulent waters that one would encounter on the Ottawa River system, smaller rafts, known as "cribs," were employed. On the St. Lawrence, however, very large rafts, some up a third of a mile in length would be employed. The most common type of tree harvested was white pine, mostly because it floated well. Oak, which does not float, was in high demand but was much harder to transport and oak timbers needed to be carefully integrated into the raft if they were to be carried to market. In 1842, the British preferential tariffs were lifted; however, the transatlantic trade still remained a profitable one. Demand in Britain remained high, especially for railway ties. Improved ships and new technologies, especially the steam engine, allowed the trade to continue to prosper. After the middle of the century the trade in timber began to decline, being replaced by trade in cut lumber and the pulp and paper industry. One of the most important side effects of the timber trade was immigration to British North America. Timber is a very bulky and not a particularly valuable cargo. For every ship full of British manufactured goods, dozens would be needed to carry the same value of timber. There was no cargo coming from the British Isles to Canada that could take up as much room on the return voyage. Exporting salt filled a few ships, and some vessels were even filled with bricks, but many timber ships made the westward voyage filled with ballast. The population of Canada was small and the lack of wealth in the area made it an unattractive market. There was, however, one cargo that the ship-owners did not have to worry about finding a market for in the sparsely populated New World: people. Many of the timber ships turned to carrying immigrants for the return voyage from the British Isles to fill this unused capacity. Timber ships would unload their cargo and sell passage to those desiring to emigrate. During the early nineteenth century, with the preferential tariff in full effect, the timber ships were among the oldest and most dilapidated in the British merchant fleet, and travelling as a passenger upon them was extremely unpleasant and dangerous. It was, however, very cheap. Since timber exports would peak at the same time as conflicts in Europe, such as the Napoleonic Wars, a great mass of refugees sought this cheap passage across the Atlantic. In later decades after the repeal of the tariff and the increase of competition, the quality and safety of the ships improved markedly. Since the travellers would bring along their own food and bedding the trade was an extremely easy one to operate. All that was required was a few advertisements, generally in Irish newspapers, and the installation of bunks along the side of the hold. An average timber ship could thus carry about 200 passengers. Even with only a fraction of the hundreds of timber ships carrying passengers, this created an unprecedented influx of new inhabitants. By comparison, it has been calculated that the trade between New France and Europe only included an average sixty-six immigrants per year over the lifetime of that colony. The timber trade did not only bring immigrants to British North America, it also played a very important role in keeping them there as well. While many of those disembarking from the timber ships would head south to the United States, many others would stay in British North America. In large part, this was because of the employment that could be found in the timber trade. At the peak of the trade in the 1840s, 15,000 Irish loggers were employed in the Gatineau region alone. This when it had been only a few years before that the population of Montreal was only ten thousand. Similar situations could be found in the other centres of the timber trade. Historiography Historian Robert Gillis, has emphasized the strong interest of lumber men in long-term conservation of the natural resources they were harvesting. However he points out that most historians present a much more negative interpretation: The prevailing attitude in Canadian historiography towards the lumber man is a mixture of maudlin romanticism and harsh, vitriolic condemnation. Along with most other businessmen the lumber operator is pictured as a crass, yet colourful, grasping individualist dedicated to the proposition of laissez faire. This approach, which might be called the 'robber baron' interpretation of the forest industry, was first adopted by A.R.M. Lower in The North American Assault on the Canadian Forest (1938). Lower stresses the instability and transitory nature of lumbering, condemns its wastefulness, praises the early efforts at conservation and by calling the lumber men 'buccaneers.'⁹ Upper Canada The timber industry also created large peripheral industries, the most important of these being agriculture. Unlike the fur trade, the timber trade saw large numbers of men in one location for a substantial period of time. The lumber camps, and the lumber towns needed to be supplied with food and other provisions. In the early years of the trade, much of the food, mostly barrels of pork, was shipped from the United States. Mostly coming from around the Cleveland area, shipping costs were high, creating a market for locally produced goods. As the loggers pushed ever westwards, farmers followed to take advantage of this captive market. Some of these farms failed after the loggers moved on, but many found new markets and became permanent settlements. This process formed the basis of many communities in what is now Ontario.¹⁰ To encourage the settlement of the best land in the region, the government created the Canada Company. It was given much of the land in Western Ontario|Southwestern Ontario and tasked with selling it off to immigrants. It was successful in this, but it also became deeply unpopular for its monopolization of the land. This was an important trigger of the 1837 Rebellions. Capitalism and finance Capitalism, which would become the dominant philosophy for Canadian economic development, evolved from the economic activity of the colonial business elite. One of the most important manifestations of this ideology was the creation of an indigenous financial system. One of Canada's first banks, the Canada Banking Company was founded in Montreal in 1792. This was followed by others including the Bank of Montreal, in 1817, the Bank of New Brunswick in 1820 and the Bank of Upper Canada in 1821. By 1886, 38 banks had been chartered. The pace of this financial activity was marked by the newly formed Government of Canada with the passing of the Bank Act in 1871. Insurance companies, including, Sun Life, 1865, Mutual Life, 1870, Confederation Life, 1871 and London Life, 1874, were also founded during these years. Markets for the exchange of investments came to Canada as well, with the establishment of the Montreal Stock Exchange in 1832, the Toronto Stock Exchange in 1861 and the Winnipeg Commodity Exchange in 1904. The repeal of the Corn Laws by the Parliament of Britain in 1846, terminated colonial trading preferences and marked the symbolic end of mercantilism in Canada while ushering in the new era of capitalism.¹¹ Canals To aid settlement and the timber trade, the nineteenth century saw a spree of canal building projects across the region. Canals could not only bypass rapids and falls, but they could connect previously unlinked parts of the river system. They also made transport of goods far easier and safer. Canals were created for the timber trade, the transport of wheat, and also for military reasons. The construction of the Rideau Canal was one of the first projects in Upper Canada to employ thousands of laborers. It was under the control of the British military. The British officers and the contractors they hired both looked at the workers as instruments of production required to facilitate the most economic completion of the project. Because of the shortage of jobs, labourers had little choice but to endure difficult and often dangerous working and living conditions. The response of workers to these harsh conditions was militant but sporadic. They tended to act against individual property owners and contractors in order to obtain the immediate necessities for survival. More concerted activity was discouraged in large part by the military which posted soldiers along the line of the canal to suppress dissent and ensure a cheap supply of labour.¹² Canals such as the Rideau Canal, the Welland Canal, the Trent-Severn Waterway were massive engineering projects, and huge expenditures. The government of Upper Canada was bankrupted by these projects, and this was an important factor in the merging of Upper Canada with the still solvent Lower Canada into one colony in 1840.¹³ Railways See Grand Trunk Railway of Canada The national government strongly supported railway construction for political goals. First, it wanted to knit the far-flung provinces together. Second, it wanted to maximize trade within Canada and minimize trade with the United States to avoid becoming an economic satellite. The Grand Trunk Railway of Canada linked Toronto and Montreal in 1853. Lines to Portland in Maine (which was ice-free), Michigan and Chicago, were subsequently opened. By 1870 it was the longest railway in the world. The Intercolonial Railway, finished in 1876, linked the Maritimes to Quebec and Ontario, tying them to the new Confederation.¹⁴ Entrepreneurs in Montreal sought direct lines into the U.S. and shunned connections with the Maritimes, with a goal of competing with American railroad lines heading west to the Pacific. Joseph Howe, Charles Tupper, and other Nova Scotia leaders used the rhetoric of a "civilizing mission" centered on their British heritage, because Atlantic-centered railway projects promised to make Halifax the eastern terminus of an intercolonial railway system tied to London. Leonard Tilley, New Brunswick's most ardent railway promoter, championed the cause of "economic progress," stressing that Atlantic Canadians needed to pursue the most cost-effective transportation connections possible if they wanted to expand their influence beyond local markets. Advocating an intercolonial connection to Canada, and a western extension into larger American markets in Maine and beyond, New Brunswick entrepreneurs promoted ties to the United States first, connections with Halifax second, and routes into central Canada last. Thus metropolitan rivalries between Montreal, Halifax, and Saint John led Canada to build more railway lines per capita than any other industrializing nation, even though it lacked capital resources, and had too little freight and passenger traffic to allow the systems to turn a profit.¹⁵ Saint John was cut off by the Confederation promise of an Intercolonial Railway. E B Chandler of New Brunswick's north shore, saw to it that the railine went from ice bound Montreal along the St. Lawrence and down the North Shore of New Brunswick bringing New Brunswick no benefit except at Moncton. From there the distance to Halifax and Saint John were about equal. So even though Saint John was half as far from Montreal as Halifax, the new Federal policy helped Halifax out pace Saint John as the winter port for Canada. When the St. Lawerence opended in the 1950s, yet another Federal government policy killed the port of Saint John. Eventually a rail line was built from Saint John through Maine USA to Montreal. However, Montreal business men preferred Portland USA even though the Saint John River Valley, with no rail line, was a shorter route from Quebec. So Canadian Prairie Wheat was shipped four months of the year through the port of Portland, Maine, USA. Saint John has dwindled from being the fifth largest city in Canada at Confederation to the fourth largest city in Atlantic Canada now and 32nd largest city in Canada. Den Otter (1997) challenges popular assumptions that Canada built transcontinental railways because it feared the annexationist schemes of aggressive Americans. Instead Canada overbuilt railroads because it hoped to compete with, even overtake Americans in the race for continental riches. It downplayed the more realistic Maritimes-based London-oriented connections and turned to utopian prospects for the farmlands and minerals of the west. The result was closer ties between north and south, symbolized by the Grand Trunk's expansion into the American Midwest. These economic links promoted trade, commerce, and the flow of ideas between the two countries, integrating Canada into a North American economy and culture by 1880. About 700,000 Canadians migrated to the U.S. in the late 19th century.¹⁶ The Canadian Pacific, paralleling the American border, opened a vital link to British Canada, and stimulated settlement of the Prairies. The CP was affiliated with James J. Hill's American railways, and opened even more connections to the South. The connections were two-way, as thousands of American moved to the Prairies after their own frontier had closed. Two additional transcontinental lines were built to the west coast—three in all—but that was far more than the traffic would bear, making the system simply too expensive. One after another, the federal government was forced to take over the lines and cover their deficits. In 1923 the government merged the Grand Trunk, Grand Trunk Pacific, Canadian Northern and National Transcontinental lines into the new Canadian National Railways system. Since most of the equipment was imported from Britain or the U.S., and most of the products carried were from farms, mines or forests, there was little stimulation to domestic manufacturing. On the other hand, the railways were essential to the growth of the wheat regions in the Prairies, and to the expansion of coal mining, lumbering, and paper making. Improvements to the St. Lawrence waterway system continued apace, and many short lines were built to river ports.¹⁷ Confederation The repeal of the British Corn Laws and of preferential treatment for the British colonies led many in British North America to realize that the motherland could no longer be counted on economically. In 1854, the Canadian colonies signed Canadian-American Reciprocity Treaty with the United States to try to ensure access to the American market. This treaty was cancelled in 1866, however, leaving the colonies once again adrift. The railways were also an important factor. The Province of Canada had again nearly bankrupted itself by promising unwise subsidies to railway companies. The Maritime colonies wanted a railroad, but as disunited as they were, building one would be all but impossible. Both the Maritime colonies and the Province of Canada desired access to the large and unexploited western hinterland. They hoped that if these areas were developed they would become a market for their manufactured goods, and provide exports for the eastern ports. For these reasons and others, the colonies of Nova Scotia, New Brunswick and the two Canadas agreed to merge into one Dominion in 1867. While in name it was a confederation, the new constitution, the British North America Act outlined a strongly centralized federation. The federal government had control of most of the taxation power, and was responsible for the largest expenditures, railroads, canals and the military. The provinces were given exclusive jurisdiction over what at the time seemed merely local or minor matters such as health care and education. The pledge to build the Intercolonial Railway of Canada linking the Maritimes to Quebec and Ontario was finally realized in the 1870s. In 1871, British Columbia, which was nearing bankruptcy due to railway construction agreed to join the union in exchange for a transcontinental railroad. Prince Edward Island joined in 1873 when the national government provided $800,000 for buying out the landlords who held large blocks of island land. All private holdings over 1,000 acres were sold to the province.¹⁸ See also: Canadian Confederation The National Policy Main article: National Policy The first Prime Minister of the new nation was John A. Macdonald, and he outlined what would be Canada's economic program for decades. This would be the National Policy a system of protective tariffs that would encourage the development of Canadian manufacturing. This would be combined with great railway building projects such as the Canadian Pacific Railway to link the east with the west and the Intercolonial Railway to link central Canada with Atlantic Canada.¹⁹ Other plans for the National Policy were the promotion of Canadian Identity and the population of western Canada. Canada had traditionally been committed to free trade and had only had one experiment with a protective tariff with the Cayley-Galt Tariff of 1858. This policy has long been controversial as it is seen to have favoured Central Canada at the expense of the Maritimes and the West. Post-Confederation slump In the years after Confederation, the once-buoyant BNA economy soured, an event some blamed on union or government railway policy, but was more likely caused by the Long Depression that was affecting the entire world. Demand for Canadian resources slumped, and protectionist policies in the United States and Europe hurt Canada's trade.²⁰ There was little immigration to Canada during this period. Despite efforts to settle the west including the Dominion Lands Act of 1871, few immigrants were willing to settle on Canada's colder and drier prairies when open land was still plentiful in the States. In the thirty years after Confederation, Canada experienced a net out flow of migrants, as a large number of Canadians relocated to the United States. In the early part of the nineteenth century, the economies of the Canadian Maritimes were the most industrialized, and prosperous in British North America. The 1850s and 1860s were especially prosperous. By the start of the twentieth century, however, they were far poorer than the rest of the country, and remain so to this day. It has been said that the provinces never emerged from the post-Confederation slump. See Economy of the Maritimes for a full discussion of this issue. Boom years The economy of the rest of the country improved dramatically after 1896, and from that year until 1914, Canada had the world's fastest-growing economy.²¹ The west was settled, the population grew quickly, so that by 1900, Prime Minister Wilfrid Laurier could predict that the twentieth century would be Canada's century as the nineteenth was the United States's.²² The cause of this boom is debated. Whether the settlement of the west was a cause or effect of the boom is one of the most important issues. Globally the economy was improving with the end of the Long Depression. The last semi-humid farmland in the United States was exhausted, leaving Canada with the best unexploited farm land in North America. Technological changes from the steel plow to combine harvesters played an important role, but perhaps the most important development was the practice of dry farming that allowed farmers to profitably grow wheat on the semi-arid southern prairies. The most noted expansion was in western Canada, but at the same time Central Canada was undergoing a period of significant industrialization. While western and central Canada boomed during the pre-World War I years the economies of the three Maritime provinces grew far more slowly. There is also much debate over the cause of this, but its consequence was a growing disaffection with Confederation in the east, manifested by the Maritime Rights movement. Farming Ontario In Ontario farming was generally quite profitable, especially after 1896. The major changes involved mechanization of technology and a shift toward output of high-grade consumer oriented products," such as milk, eggs and vegetables for the fast-growing urban markets.²³ It took farmers a half century to appreciate the value of high-protein soybean crops. Introduced in the 1890s, acceptance was slow until 1943-52, when farmers in the southwestern counties expanded production.²⁴ Farmers increasingly demanded more information on the best farming techniques. Their demands led to farm magazine and agricultural fairs. In 1868 the assembly created an agricultural museum, which morphed into the Ontario Agricultural College in Guelph in 1874.²⁵ Prairies Wheat was the golden crop that built the economy of the Prairie provinces of Manitoba, Saskatchewan and Alberta and filled outbound trains headed for ports to carry the grain to Europe. The tall grain elevator alongside the railway tracks became a crucial element of the Prairie grain trade after 1890. It boosted "King Wheat" to regional dominance by integrating the region's economy with the rest of Canada. Used to efficiently load grain into railroad cars, grain elevators came to be clustered in "lines" and their ownership tended to concentrate in the hands of increasingly fewer companies, many controlled by Americans. The main commercial entities involved in the trade were the Canadian Pacific Railway and the powerful grain syndicates. Dramatic changes in the grain trade took place in the 1940s, notably the amalgamation of grain elevator companies.²⁶ Norrie argues that the necessity of using dry farming techniques created special risks and the farmers responded by using summer fallow rather than the risky but more productive use of substitute crops or the planting of wheat every year. Tenants often preferred the safety of sharecropping to the hazards (and higher returns) of cash rental, and showed an interest in crop insurance. Because farmers were averse to risk, grain production was less than it might have been.²⁷ Recklessness, greed, and overoptimism played a part in the early-20th-century financial crisis on the Canadian wheat frontier. Beginning in 1916, the Palliser Triangle, a semiarid region in Alberta and Saskatchewan, suffered a decade of dry years and crop failures that culminated in financial ruin for many of the region's wheat farmers. Overconfidence on the part of farmers, financiers, the Canadian Pacific, and the Canadian government led to land investments and development in the Palliser on an unprecedented and dangerous scale. A large share of this expansion was funded by mortgage and loan companies in Britain eager to make overseas investments. British money managers were driven by a complex set of global economic forces including a decline in British investment opportunities, excess capital, and massive investment expansion on the Canadian frontier. Reduced grain production in Europe and increased grain production in the Prairie Provinces also encouraged the export of capital from London. The mythical image of the Palliser as an abundant region, coupled with a growing confidence in technology, created a false sense of security and stability. Between 1908 and 1913 British firms lent vast sums to Canadian farmers to plant their wheat crops; only when the drought began in 1916 did it become clear that far too much credit had been extended.²⁸ The First World War and the Roaring Twenties Canada played an extraordinarily large role in the First World War relative to its size. It sent over hundreds of thousands of troops, and was also the granary and arms producer for the allied side. This led to a further boom on the prairies as wheat prices skyrocketed. The rest of the country, even the Maritimes, benefited from an increase in manufacturing.²⁹ The immediate post-war years saw a short, but severe, recession as the economy readjusted to the end of wartime production. By 1921, the Canadian economy was back on its feet and rapidly expanding. In the 1920s, there was an unprecedented increase in the standard of living as items that had been luxury goods such as radios, automobiles, and electric lights—not to mention flush toilets—became common place across the nation. The boom lasted until 1929. The Great Depression Main article: The Great Depression in Canada Canada was hard hit by the Great Depression. When the American economy began to collapse in the late 1920s the close economic links and the central banking system meant that the malaise quickly spread across the border. The world demand fell for wheat, lumber and mining products; prices fell, profits plunged, and unemployment soared. In May 1930, US raised the tariff with the Smoot Hawley Tariff Act. Canada retaliated by imposing new tariffs on 16 products that accounted altogether for around 30% of U.S. exports to Canada.³⁰ ³¹ Following Britain's lead, Canada then forged closer economic links with the British Empire via the British Empire Economic Conference of 1932. By 1933, 30% of the labour force was out of work, and one fifth of the population became dependent on government assistance. Wages fell as did prices; debts did not fall and they became more burdensome. Gross National Expenditure had declined 42% from the 1929 levels. In some areas, the decline was far worse. In the rural areas of the prairies two thirds of the population were on relief. Population growth contracted markedly as immigration slowed, and birth rates fell as people postponed marriage and family life until they were more secure. Crime rates increased, and a new class of unemployed vagrants appeared.³² Like the United States, Canada remained in depression far longer, not passing 1929 levels until 1939, with the outbreak of the Second World War. There was no national recovery program similar to Franklin D. Roosevelt's New Deal. The Second World War and the boom years The turn around brought about by the command economy imposed at the beginning of the Second World War was immense. Unemployment virtually disappeared by 1940 as soldiers were recruited and factories turned to war production. Canada was in the unusual situation of helping Britain financially, through a program similar to the American Lend Lease.³³ In the twenty-five years after the war, there was an immense expansion in the Canadian economy. Unemployment remained low and the end of wartime production was quickly turned over to making consumer goods. Canada, along with many other developed nations, firmly established itself as a welfare state with publicly funded health care, the Canada Pension Plan, and other programs.³⁴ During this period, the Canadian economy became much more closely integrated with the American one as tariff barriers fell and trade agreements like the Canada-United States Automotive Agreement and the "Hyde Park Declaration" were signed. Recent years Recession Canada experienced economic recession in the early 1980s and again in the early 1990s.³⁵ This led to massive government deficits, high unemployment, and general disaffection. The poor economy helped lead to the overwhelming rejection of theProgressive Conservative Party in the 1993 election, and the fall of other governments such as Bob Rae's Ontario New Democratic Party. The poor economy may have increased support for sovereignty in Quebec, an option that was just barely rejected in the 1995 Quebec referendum. A brief recovery in 1994 was followed by an economic slump in 1995-1996. Since that date, the Canadian economy has improved markedly, in step with the boom in the United States. Once referred to as a fiscal basket-case , Canada has become a model of fiscal stability as the government has posted surpluses every fiscal year from 1996 to the 2008 recession. The recession brought on in the United States by the collapse of the dot com bubble beginning in 2000, hurt the Toronto Stock Exchange but has affected Canada only mildly. It is one of the few times Canada has avoided following the United States into a recession. Following this downturn, Canadian economic growth has been concentrated in the petroleum, real estate and income trust sectors. Healthcare system Canada's healthcare system, colloquially called "Medicare", is a significant economic factor. As most aspects of the healthcare system are financed from general government revenues, and as provincial governments bear the majority of these costs, healthcare has grown to become the largest component of Canadian provincial budgets. Medicare is also a relevant factor in the decisions of employers to locate businesses in Canada (where government pays most of employees' healthcare costs) as opposed to the United States (where employers are forced to pay most of these costs). Poverty Poverty in Canada remains a prevalent issue within some segments of society. The most frequently quoted measure, the low-income cut off or LICO, displays a downward trend since 2000 after a spike in the mid-1990s and was 10.8% as of 2005.³⁶ Another measure, published by the free market think tank Fraser Institute, displays a constant downward trend since 1970 and stood at 4.9% as of 2004. There is a debate about which measure is more valid.³⁷ GDP history The following table displays the change in real GDP from the previous year, from 2000 to 2011: See also - Canadian and American economies compared - Economic impact of immigration to Canada - Economy of Canada - Historiography of Canada - History of Canada - History of the petroleum industry in Canada - Science and technology in Canada - Technological and industrial history of Canada Notes [1] Joseph Gough, Managing Canada's Fisheries: From Early Days to the Year 2000 (2007) [2] Trevor J. Barnes, "Industrial geography, institutional economics and Innis." in Trevor Barnes, Meric S Gertler eds., The new industrial geography: Regions, regulation and institutions (1999): 1-22. [3] "Staples Theory" in Old Messengers, New Media: The Legacy of Innis and McLuhan, from Library and Archives Canada [4] Thomas A. Hutton, "The Innisian core-periphery revisited: Vancouver's changing relationships with British Columbia's staple economy." BC Studies: The British Columbian Quarterly 113 (1997): 69-100. online [5] Carolyn Podruchny, Making theVoyageur World: Travelers and Traders in the North American Fur Trade (2006) [6] Newfoundland is included starting in 1951. William L. Marr and Donald G. Paterson, Canada, an economic history (1980) p. 151 [7] Tim Ball, "Timber!", Beaver, April 987, Vol. 67#2 pp 45-56 [8] Graeme Wynn, Timber Colony: A Historical Geography of Early Nineteenth Century New Brunswick (2002) [9] Robert Peter Gillis, "The Ottawa lumber barons and the conservation movement 1880-1914." Journal of Canadian Studies/Revue d'Études Canadiennes 9#1 (1974): 14-30. [10] Douglas McCalla, Planting the Province: The Economic History of Upper Canada, 1784-1870 (1993) [11] R. Thomas. Naylor, The History of Canadian Business: 1897-1914. Vol. 1, The Banks and Finance Capital (1975) [12] William N.T. Wylie, "Poverty, Distress, and Disease: Labour and the Construction of the Rideau Canal, 1826-32," Labour/Le Travail, Spring19 83, Vol. 11, pp 7-29 [13] John N. Jackson, The Welland Canals and Their Communities: Engineering, Industrial, and Urban Transformation (1998) [14] Jay Underwood, Built for War: Canada's Intercolonial Railway (2005) [15] A.A. den Otter, The Philosophy of Railways: The Transcontinental Railway Idea in British North America (1997) [16] Den Otten, The Philosophy of Railways: The Transcontinental Railway Idea in British North America (1997); Bill Waiser, Saskatchewan: A New History (2005) p. 63 [17] M. L. Bladen, Construction of Railways in Canada to the Year 1885," Contributions to Canadian Economics Vol. 5 (1932), pp. 43-60; in JSTOR; Bladen, "Construction of Railways in Canada Part II: From 1885 to 1931," Contributions to Canadian Economics Vol. 7 (1934), pp. 61-107; in JSTOR [18] Rusty Bittermann and Margaret McCallum, "Upholding the Land Legislation of a 'Communistic and Socialist Assembly': The Benefits of Confederation for Prince Edward Island," Canadian Historical Review, (March 2006) 87#1 pp 1-28 [19] Vernon C. Fowke, "National Policy and Western Development in North America" Journal of Economic History, Vol. 16, No. 4 (Dec., 1956) , pp. 461-479 in JSTOR [20] P. B. Waite, Canada, 1874-1896 (1971) [21] R. C. Brown and Ramsay Cook, Canada, 1896-1921 A Nation Transformed (1974) [22] SMC-MCS, gazette@uottawa.ca. "A prediction that belonged to the 20th century". Uottawa.ca. Retrieved 2011-04-14. [23] D. A. Lawr, "The Development of Ontario Farming, 1870-1914: Patterns of Growth and Change," Ontario History, Sept 1972, Vol. 64 Issue 3, pp 239-251 [24] Ian A. McKay, "A Note on Ontario Agriculture: The Development of Soybeans, 1893-1952," Ontario History, June 1983, Vol. 75 Issue 2, pp 175-186 [25] John Carter, "The Education of the Ontario Farmer," Ontario History, May 2004, Vol. 96 Issue 1, pp 62-84 [26] John Everitt, "The Line Elevator in Alberta." Alberta History [Canada] 1992 40(4): 16-22; 1993 41(1): 20-26. [27] Kenneth Norrie, "Dry Farming and the Economics of Risk Bearing: The Canadian Prairies, 1870-1930," Agricultural History, Winter 1977, Vol. 51 Issue 1, pp 134-148 [28] John Feldberg, and Warren M. Elofson, "Financing The Palliser Triangle, 1908-1913." Great Plains Quarterly 1998 18(3): 257-268. 0275-7664 [29] Robert Bothwell, Ian Drummond, and John English, Canada 1900-1945 (1987) [30] Richard N. Kottman, "Herbert Hoover and the Smoot–Hawley Tariff: Canada, A Case Study", Journal of American History (1975), 62#3 pp 609–635, in JSTOR [31] McDonald, Judith; O'Brien, Anthony Patrick; Callahan, Colleen "Trade Wars: Canada's Reaction to the Smoot–Hawley Tariff", Journal of Economic History (1997), 57#4 pp 802–826, in JSTOR [32] Pierre Berton, The Great Depression: 1929-1939 (1990) is a popular acoount [33] C. P. Stacey, Arms, Men and Governments: The War Policies of Canada, 1939-1945 (1970) [34] Robert Bothwell, Ian Drummond, and John English, Canada since 1945 (2d. ed. 1989) [35] Ecolnomic Concepts: Recession [36] Poverty Measure in Canada Analysis, CBC, URL accessed 4 January 2007 [37] Poverty in Canada: 2006 Update, Fraser Institute, November 2006, URL accessed 3 December 2007 References and further reading Main article: Bibliography of Canadian economic history - Bliss, Michael. Northern Enterprise: Five Centuries of Canadian Business. (1987). - Bordo, Michael D., Angela Redish, and Hugh Rockoff. "Why Didn't Canada Have a Banking Crisis in 2008 (or in 1930, or 1907, or . . .)?" Economic History Review 68#1 (2015): 218–43 - Creighton, D. G. The Commercial Empire of the St. Lawrence, 1760-1850 (1937) online - Currie, A.W. Canadian Economic Development 1st ed. 1942; 4th ed. 1963. - Easterbrook, William Thoma; Aitken, Hugh G. J (1988). Canadian economic history. University of Toronto Press. ISBN 0-8020-6696-8. - Geloso, Vincent (2016) The seeds of divergence: the economy of French North America, 1688 to 1760. PhD thesis, The London School of Economics and Political Science (LSE). - Granatstein, J. L. A Reader's Guide to Canadian History: Confederation to the Present (1982) - Innis, Harold A. Essays in Canadian Economic History (1956) online edition - McCalla, Douglas. Planting The Province: The Economic History of Upper Canada, 1784-1870 (University of Toronto Press, 1993). 446 pp. - Marr, William L., and Donald G. Paterson. Canada: An Economic History (Toronto, 1980) - Morton, Desmond. Working People: An Illustrated History of the Canadian Labour Movement (1999) - Muise, D. A. ed., A Reader's Guide to Canadian History: i, Beginnings to Confederation (1982); historiography - Naylor, R. Thomas. The History of Canadian Business: 1897-1914. Vol. 1, The Banks and Finance Capital; Vol. 2, Industrial Development (2 vol 1975) - Neill, Robin. A History of Canadian Economic Thought (1991) online - Norrie, Kenneth, Douglas Owram, and J.C. Herbert Emery. A History of the Canadian Economy 4th ed. (2007) - Palmer, Bryan D. Working Class Experience: Rethinking the History of Canadian Labour, 1800-1991, 1992 - Pomfret, Richard. The Economic Development of Canada 2nd ed. (1993) - Taylor, Graham D., and Peter Baskerville. A Concise History of Business in Canada, 1994 - Taylor, M. Brook, ed. Canadian History: A Reader's Guide. Vol. 1. Doug Owram, ed. Canadian History: A Reader's Guide. Vol. 2. (1994). historiography Primary sources - Innis, H. A., and A. R. M. Lower, ed. Select Documents in Canadian Economic History, 1783-1885 (1933), 846pp External links - Set of audio lectures on Canadian economic history - Economic history of Canada History of Canada The history of Canada covers the period from the arrival of Paleo-Indians thousands of years ago to the present day. Prior to European colonization, the lands encompassing present-day Canada were inhabited for millennia by Aboriginal peoples, with distinct trade networks, spiritual beliefs, and styles of social organization. Some of these civilizations had long faded by the time of the first European arrivals and have been discovered through archaeological investigations. Starting in the late 15th century, French and British expeditions explored, colonized, and fought over various places within North America in what constitutes present day Canada. The colony of New France was established in 1534 and was ceded to the United Kingdom in 1763 after the French defeat in the Seven Years' War. The now British Province of Quebec was divided into Upper and Lower Canada in 1791 and reunified in 1841. In 1867, the Province of Canada was joined with two other British colonies of New Brunswick and Nova Scotia through Confederation, forming a self-governing entity named Canada. The new dominion expanded by incorporating other parts of British North America, finishing with Newfoundland and Labrador in 1949. Although responsible government had existed in Canada since 1848, Britain continued to set its foreign and defence policies after the end of the First World War. With the passing of the Statute of Westminster in 1931, Canada became co-equal with the United Kingdom. After the Constitution was repatriated in 1982, the final vestiges of legal dependence on the British parliament were removed. Canada currently consists of ten provinces and three territories and is a parliamentary democracy and a constitutional monarchy with Queen Elizabeth II as its head of state. Over centuries, elements of Aboriginal, French, British and more recent immigrant customs have combined to form a Canadian culture that has also been strongly influenced by its linguistic, geographic and economic neighbour, the United States. Since the conclusion of the Second World War, Canadians have supported multilateralism abroad and socioeconomic development domestically. Pre-colonization See also: Timeline of Canadian history and List of years in Canada Aboriginal peoples Main article: Aboriginal peoples in Canada Archeological and Aboriginal genetic evidence indicate that North and South America were the last continents into which humans migrated.¹ During the Wisconsin glaciation, 50,000–17,000 years ago, falling sea levels allowed people to move across the Bering land bridge (Beringia), from Siberia into northwest North America.² At that point, they were blocked by the Laurentide ice sheet that covered most of Canada, confining them to Alaska and the Yukon for thousands of years.³ The exact dates and routes of the peopling of the Americas are the subject of an ongoing debate.⁴ ⁵ By 16,000 years ago the glacial melt allowed people to move by land south and east out of Beringia, and into Canada.⁶ The Queen Charlotte Islands, Old Crow Flats, and Bluefish Caves contain some of the earliest Paleo-Indian archaeological sites in Canada.⁷ ⁸ ⁹ Ice Age hunter-gatherers of this period left lithic flake fluted stone tools and the remains of large butchered mammals. The North American climate stabilized around 8000 BCE (10,000 years ago). Climatic conditions were similar to modern patterns; however, the receding glacial ice sheets still covered large portions of the land, creating lakes of meltwater.¹⁰ Most population groups during the Archaic periods were still highly mobile hunter-gatherers.¹¹ However, individual groups started to focus on resources available to them locally; thus with the passage of time, there is a pattern of increasing regional generalization (i.e.: Paleo-Arctic, Plano and Maritime Archaic traditions).¹¹ PP S L Great Lakes area of the Hopewell Interaction Area PP=Point Peninsula Complex   S=Saugeen Complex   L=Laurel Complex The Woodland cultural period dates from about 2000 BCE to 1000 CE and includes the Ontario, Quebec, and Maritime regions.¹² The introduction of pottery distinguishes the Woodland culture from the previous Archaic-stage inhabitants. The Laurentian-related people of Ontario manufactured the oldest pottery excavated to date in Canada.¹³ The Hopewell tradition is an Aboriginal culture that flourished along American rivers from 300 BCE to 500 CE. At its greatest extent, the Hopewell Exchange System connected cultures and societies to the peoples on the Canadian shores of Lake Ontario.¹⁴ Canadian expression of the Hopewellian peoples encompasses the Point Peninsula, Saugeen, and Laurel complexes.¹⁵ The eastern woodland areas of what became Canada were home to the Algonquian and Iroquoian peoples. The Algonquian language is believed to have originated in the western plateau of Idaho or the plains of Montana and moved eastward,¹⁶ eventually extending all the way from Hudson Bay to what is today Nova Scotia in the east and as far south as the Tidewater region of Virginia.¹⁷ Speakers of eastern Algonquian languages included the Mi'kmaq and Abenaki of the Maritime region of Canada and likely the extinct Beothuk of Newfoundland.¹⁸ ¹⁹ The Ojibwa and other Anishinaabe speakers of the central Algonquian languages retain an oral tradition of having moved to their lands around the western and central Great Lakes from the sea, likely the east coast.²⁰ According to oral tradition, the Ojibwa formed the Council of Three Fires in 796 CE with the Odawa and the Potawatomi.²¹ The Iroquois (Haudenosaunee) were centred from at least 1000 CE in northern New York, but their influence extended into what is now southern Ontario and the Montreal area of modern Quebec.²² The Iroquois Confederacy, according to oral tradition, was formed in 1142 CE.²³ ²⁴ On the Great Plains the Cree or Nēhilawē (who spoke a closely related Central Algonquian language, the plains Cree language) depended on the vast herds of bison to supply food and many of their other needs.²⁵ To the northwest were the peoples of the Na-Dene languages, which include the Athapaskan-speaking peoples and the Tlingit, who lived on the islands of southern Alaska and northern British Columbia. The Na-Dene language group is believed to be linked to the Yeniseian languages of Siberia.²⁶ The Dene of the western Arctic may represent a distinct wave of migration from Asia to North America.²⁶ The Interior of British Columbia was home to the Salishan language groups such as the Shuswap (Secwepemc), Okanagan and southern Athabaskan language groups, primarily the Dakelh (Carrier) and the Tsilhqot'in.²⁷ The inlets and valleys of the British Columbia Coast sheltered large, distinctive populations, such as the Haida, Kwakwaka'wakw and Nuu-chah-nulth, sustained by the region's abundant salmon and shellfish.²⁷ These peoples developed complex cultures dependent on the western red cedar that included wooden houses, seagoing whaling and war canoes and elaborately carved potlatch items and totem poles.²⁷ In the Arctic archipelago, the distinctive Paleo-Eskimos known as Dorset peoples, whose culture has been traced back to around 500 BCE, were replaced by the ancestors of today's Inuit by 1500 CE.²⁸ This transition is supported by archaeological records and Inuit mythology that tells of having driven off the Tuniit or 'first inhabitants'.²⁹ Inuit traditional laws are anthropologically different from Western law. Customary law was non-existent in Inuit society before the introduction of the Canadian legal system.³⁰ European contact Further information: European colonization of the Americas There are reports of contact made before the 1492 voyages of Christopher Columbus and the age of discovery between First Nations, Inuit and those from other continents. The Norse, who had settled Greenland and Iceland, arrived around the year 1000 and built a small settlement at L'Anse aux Meadows at the northernmost tip of Newfoundland (carbon dating estimate 990 – 1050 CE)³¹ L'Anse aux Meadows is also notable for its connection with the attempted colony of Vinland established by Leif Erikson around the same period or, more broadly, with Norse exploration of the Americas.³¹ ³² Under letters patent from King Henry VII of England, the Italian John Cabot became the first European known to have landed in Canada after the time of the Vikings.³³ Records indicate that on 24 June 1497 he sighted land at a northern location believed to be somewhere in the Atlantic provinces.³⁴ Official tradition deemed the first landing site to be at Cape Bonavista, Newfoundland, although other locations are possible.³⁵ After 1497 Cabot and his son Sebastian Cabot continued to make other voyages to find the Northwest Passage, and other explorers continued to sail out of England to the New World, although the details of these voyages are not well recorded.³⁶ Based on the Treaty of Tordesillas, the Spanish Crown claimed it had territorial rights in the area visited by John Cabot in 1497 and 1498 CE.³⁷ However, Portuguese explorers like João Fernandes Lavrador would continue to visit the north Atlantic coast, which accounts for the appearance of "Labrador" on topographical maps of the period.³⁸ In 1501 and 1502 the Corte-Real brothers explored Newfoundland (Terra Nova) and Labrador claiming these lands as part of the Portuguese Empire.³⁸ ³⁹ In 1506, King Manuel I of Portugal created taxes for the cod fisheries in Newfoundland waters.⁴⁰ João Álvares Fagundes and Pêro de Barcelos established fishing outposts in Newfoundland and Nova Scotia around 1521 CE; however, these were later abandoned, with the Portuguese colonizers focusing their efforts on South America.⁴¹ The extent and nature of Portuguese activity on the Canadian mainland during the 16th century remains unclear and controversial.⁴² ⁴³ Canada under French Rule (1534–1763) Main articles: New France and Former colonies and territories in Canada French interest in the New World began with Francis I of France, who in 1524 sponsored Giovanni da Verrazzano to navigate the region between Florida and Newfoundland in hopes of finding a route to the Pacific Ocean.⁴⁵ Although the English had laid claims to it 1497 when John Cabot made landfall somewhere on the North American coast (likely either modern-day Newfoundland or Nova Scotia) and had claimed the land for England on behalf of King Henry VII,⁴⁶ these claims were not exercised and England did not make any attempts at permanent colonization. For the French however, Jacques Cartier planted a cross in the Gaspé Peninsula in 1534 and claimed the land in the name of Francis I establishing a region called Canada.⁴⁷ Permanent settlement attempts by Cartier at Charlesbourg-Royal in 1541, at Sable Island in 1598 by Marquis de La Roche-Mesgouez, and at Tadoussac, Quebec in 1600 by François Gravé Du Pont had all eventually failed.⁴⁸ Despite these initial failures, French fishing fleets sailed the Atlantic coast and into the St. Lawrence River, trading and making alliances with First Nations,⁴⁹ as well as establishing fishing settlements such as in Percé in 1603.⁵⁰ As a result of France's claim and activities in the colony of Canada, the name "Canada" was present on international maps denoting this colony within the St-Lawrence river region.⁵¹ In 1604, a North American fur trade monopoly was granted to Pierre Du Gua, Sieur de Mons.⁵² The fur trade became one of the main economic ventures in North America.⁵³ Du Gua led his first colonization expedition to an island located near the mouth of the St. Croix River. Among his lieutenants was a geographer named Samuel de Champlain, who promptly carried out a major exploration of the northeastern coastline of what is now the United States.⁵² In the spring of 1605, under Samuel de Champlain, the new St. Croix settlement was moved to Port Royal (today's Annapolis Royal, Nova Scotia).⁵⁴ In 1608 Champlain founded what is now Quebec City, one of the earliest permanent settlements, which would become the capital of New France.⁵⁵ He took personal administration over the city and its affairs, and sent out expeditions to explore the interior.⁵⁶ Champlain himself discovered Lake Champlain in 1609. By 1615, he had travelled by canoe up the Ottawa River through Lake Nipissing and Georgian Bay to the centre of Huron country near Lake Simcoe.⁵⁷ During these voyages, Champlain aided the Wendat (aka "Hurons") in their battles against the Iroquois Confederacy.⁵⁸ As a result, the Iroquois would become enemies of the French and be involved in multiple conflicts (known as the French and Iroquois Wars) until the signing of the Great Peace of Montreal in 1701.⁵⁹ The English, led by Humphrey Gilbert, had claimed St. John's, Newfoundland, in 1583 as the first North American English colony by royal prerogative of Queen Elizabeth I.⁶⁰ In the reign of King James I, the English established additional colonies in Cupids and Ferryland, Newfoundland, and soon after established the first successful permanent settlements of Virginia to the south.⁶¹ On September 29, 1621, a charter for the foundation of a New World Scottish colony was granted by King James to Sir William Alexander.⁶² In 1622, the first settlers left Scotland. They initially failed and permanent Nova Scotian settlements were not firmly established until 1629 during the end of the Anglo-French War.⁶² These colonies did not last long: in 1631, under Charles I of England, the Treaty of Suza was signed, ending the war and returning Nova Scotia to the French.⁶³ New France was not fully restored to French rule until the 1632 Treaty of Saint-Germain-en-Laye.⁶⁴ This led to new French immigrants and the founding of Trois-Rivières in 1634.⁶⁵ During this period, in contrast to the higher density and slower moving agricultural settlement development by the English inward from the east coast of the colonies, New France's interior frontier would eventually cover an immense area with a thin network centred on fur trade, conversion efforts by missionaries, establishing and claiming an empire, and military efforts to protect and further those efforts.⁶⁶ The largest of these canoe networks covered much of present-day Canada and central present-day United States.⁶⁷ After Champlain's death in 1635, the Roman Catholic Church and the Jesuit establishment became the most dominant force in New France and hoped to establish a utopian European and Aboriginal Christian community.⁶⁸ In 1642, the Sulpicians sponsored a group of settlers led by Paul Chomedey de Maisonneuve, who founded Ville-Marie, precursor to present-day Montreal.⁶⁹ In 1663 the French crown took direct control of the colonies from the Company of New France.⁷⁰ Although immigration rates to New France remained very low under direct French control,⁷¹ most of the new arrivals were farmers, and the rate of population growth among the settlers themselves had been very high.⁷² The women had about 30 per cent more children than comparable women who remained in France.⁷³ Yves Landry says, "Canadians had an exceptional diet for their time."⁷³ This was due to the natural abundance of meat, fish, and pure water; the good food conservation conditions during the winter; and an adequate wheat supply in most years.⁷³ The 1666 census of New France was conducted by France's intendant, Jean Talon, in the winter of 1665–1666. The census showed a population count of 3,215 Acadians and habitants (French-Canadian farmers) in the administrative districts of Acadia and Canada.⁷⁴ The census also revealed a great difference in the number of men at 2,034 versus 1,181 women.⁷⁵ Wars during the colonial era Further information: French and Indian Wars See also: Military history of Canada By the early 1700s the New France settlers were well established along the shores of the Saint Lawrence River and parts of Nova Scotia, with a population around 16,000.⁷⁶ However new arrivals stopped coming from France in the proceeding decades,⁷⁷ ⁷⁸ ⁷⁹ resulting in the English and Scottish settlers in Newfoundland, Nova Scotia, and the southern Thirteen Colonies to vastly outnumber the French population approximately ten to one by the 1750s.⁷¹ ⁸⁰ From 1670, through the Hudson's Bay Company, the English also laid claim to Hudson Bay and its drainage basin known as Rupert's Land establishing new trading posts and forts, while continuing to operate fishing settlements in Newfoundland.⁸¹ French expansion along the Canadian canoe routes challenged the Hudson's Bay Company claims, and in 1686, Pierre Troyes led an overland expedition from Montreal to the shore of the bay, where they managed to capture a handful of outposts.⁸² La Salle's explorations gave France a claim to the Mississippi River Valley, where fur trappers and a few settlers set up scattered forts and settlements.⁸³ There were four French and Indian Wars and two additional wars in Acadia and Nova Scotia between the Thirteen American Colonies and New France from 1688 to 1763. During King William's War (1688 to 1697), military conflicts in Acadia included: Battle of Port Royal (1690); a naval battle in the Bay of Fundy (Action of July 14, 1696); and the Raid on Chignecto (1696) .⁸⁴ The Treaty of Ryswick in 1697 ended the war between the two colonial powers of England and France for a brief time.⁸⁵ During Queen Anne's War (1702 to 1713), the British Conquest of Acadia occurred in 1710,⁸⁶ resulting in Nova Scotia, other than Cape Breton, being officially ceded to the British by the Treaty of Utrecht including Rupert's Land, which France had conquered in the late 17th century (Battle of Hudson's Bay).⁸⁷ As an immediate result of this setback, France founded the powerful Fortress of Louisbourg on Cape Breton Island.⁸⁸ Louisbourg was intended to serve as a year-round military and naval base for France's remaining North American empire and to protect the entrance to the St. Lawrence River. Father Rale's War resulted in both the fall of New France influence in present-day Maine and the British recognition of having to negotiate with the Mi'kmaq in Nova Scotia. During King George's War (1744 to 1748), an army of New Englanders led by William Pepperrell mounted an expedition of 90 vessels and 4,000 men against Louisbourg in 1745.⁸⁹ Within three months the fortress surrendered. The return of Louisbourg to French control by the peace treaty prompted the British to found Halifax in 1749 under Edward Cornwallis.⁹⁰ Despite the official cessation of war between the British and French empires with the Treaty of Aix-la-Chapelle; the conflict in Acadia and Nova Scotia continued on as the Father Le Loutre's War.⁹¹ The British ordered the Acadians expelled from their lands in 1755 during the French and Indian War, an event called the Expulsion of the Acadians or le Grand Dérangement.⁹² The "expulsion" resulted in approximately 12,000 Acadians being shipped to destinations throughout Britain's North America and to France, Quebec and the French Caribbean colony of Saint-Domingue.⁹³ The first wave of the expulsion of the Acadians began with the Bay of Fundy Campaign (1755) and the second wave began after the final Siege of Louisbourg (1758). Many of the Acadians settled in southern Louisiana, creating the Cajun culture there.⁹⁴ Some Acadians managed to hide and others eventually returned to Nova Scotia, but they were far outnumbered by a new migration of New England Planters who were settled on the former lands of the Acadians and transformed Nova Scotia from a colony of occupation for the British to a settled colony with stronger ties to New England.⁹⁴ Britain eventually gained control of Quebec City and Montreal after the Battle of the Plains of Abraham and Battle of Fort Niagara in 1759, and the Battle of the Thousand Islands and Battle of Sainte-Foy in 1760.⁹⁵ Canada under British rule (1763–1931) Main article: Canada under British rule With the end of the Seven Years' War and the signing of the Treaty of Paris (1763), France ceded almost all of its remaining territory in mainland North America, except for fishing rights off Newfoundland and the two small islands of Saint Pierre and Miquelon where its fishermen could dry their fish. France had already secretly ceded its vast Louisiana territory to Spain under the Treaty of Fontainebleau (1762) in which King Louis XV of France had given his cousin King Charles III of Spain the entire area of the drainage basin of the Mississippi River from the Great Lakes to the Gulf of Mexico and from the Appalachian Mountains to the Rocky Mountains. France and Spain kept the Treaty of Fontainebleau secret from other countries until 1764.⁹⁶ In return for acquiring Canada, Britain returned to France its most important sugar-producing colony, Guadeloupe, which the French at the time considered more valuable than Canada. (Guadeloupe produced more sugar than all the British islands combined, and Voltaire had notoriously dismissed Canada as "Quelques arpents de neige", "A few acres of snow").⁹⁷ The new British rulers of Canada retained and protected most of the property, religious, political, and social culture of the French-speaking habitants, guaranteeing the right of the Canadiens to practice the Catholic faith and to the use of French civil law (now Quebec law) through the Quebec Act of 1774.⁹⁸ The Royal Proclamation of 1763 had been issued in October, by King George III following Great Britain's acquisition of French territory.⁹⁹ The proclamation organized Great Britain's new North American empire and stabilized relations between the British Crown and Aboriginal peoples through regulation of trade, settlement, and land purchases on the western frontier.⁹⁹ American Revolution and the Loyalists Further information: Invasion of Quebec (1775) During the American Revolution, there was some sympathy for the American cause among the Acadians and the New Englanders in Nova Scotia.¹⁰⁰ Neither party joined the rebels, although several hundred individuals joined the revolutionary cause.¹⁰⁰ ¹⁰¹ An invasion of Quebec by the Continental Army in 1775, with a goal to take Quebec from British control, was halted at the Battle of Quebec by Guy Carleton, with the assistance of local militias. The defeat of the British army during the Siege of Yorktown in October 1781 signaled the end of Britain's struggle to suppress the American Revolution.¹⁰² When the British evacuated New York City in 1783, they took many Loyalist refugees to Nova Scotia, while other Loyalists went to southwestern Quebec. So many Loyalists arrived on the shores of the St. John River that a separate colony—New Brunswick—was created in 1784;¹⁰³ followed in 1791 by the division of Quebec into the largely French-speaking Lower Canada (French Canada) along the St. Lawrence River and Gaspé Peninsula and an anglophone Loyalist Upper Canada, with its capital settled by 1796 in York, in present-day Toronto.¹⁰⁴ After 1790 most of the new settlers were American farmers searching for new lands; although generally favorable to republicanism, they were relatively non-political and stayed neutral in the War of 1812.¹⁰⁵ The signing of the Treaty of Paris in 1783 formally ended the war. Britain made several concessions to the Americans at the expense of the North American colonies.¹⁰⁶ Notably, the borders between Canada and the United States were officially demarcated;¹⁰⁶ all land south of the Great Lakes, which was formerly a part of the Province of Quebec and included modern day Michigan, Illinois and Ohio, was ceded to the Americans. Fishing rights were also granted to the United States in the Gulf of St. Lawrence and on the coast of Newfoundland and the Grand Banks.¹⁰⁶ The British ignored part of the treaty and maintained their military outposts in the Great Lakes areas it had ceded to the U.S., and they continued to supply their native allies with munitions. The British evacuated the outposts with the Jay Treaty of 1795, but the continued supply of munitions irritated the Americans in the run-up to the War of 1812.¹⁰⁷ Canadian historians have had mixed views on the long-term impact of the American Revolution. Arthur Lower in the 1950s provided the long-standard historical interpretation that for English Canada the results were counter-revolutionary: [English Canada] inherited, not the benefits, but the bitterness of the Revolution…. English Canada started its life with as powerful a nostalgic shove backward into the past as the Conquest had given to French Canada: two little peoples officially devoted to counter-revolution, to lost causes, to the tawdry ideals of a society of men and masters, and not to the self-reliant freedom alongside of them.¹⁰⁸ Recently Michel Ducharme has agreed that Canada did indeed oppose "republican liberty", as exemplified by the United States and France. However he says it did find a different path forward when it fought against British rulers after 1837 to secure "modern liberty". That form of liberty focused not on the virtues of citizens but on protecting their rights from infringement by the state.¹⁰⁹ ¹¹⁰ War of 1812 Main articles: War of 1812 and Origins of the War of 1812 The War of 1812 was fought between the United States and the British, with the British North American colonies being heavily involved.¹¹¹ Greatly outgunned by the British Royal Navy, the American war plans focused on an invasion of Canada (especially what is today eastern and western Ontario). The American frontier states voted for war to suppress the First Nations raids that frustrated settlement of the frontier.¹¹¹ The war on the border with the United States was characterized by a series of multiple failed invasions and fiascos on both sides. American forces took control of Lake Erie in 1813, driving the British out of western Ontario, killing the Native American leader Tecumseh, and breaking the military power of his confederacy.¹¹² The war was overseen by British army officers like Isaac Brock and Charles de Salaberry with the assistance of First Nations and loyalist informants, most notably Laura Secord.¹¹³ The War ended with no boundary changes thanks to the Treaty of Ghent of 1814, and the Rush–Bagot Treaty of 1817.¹¹¹ A demographic result was the shifting of the destination of American migration from Upper Canada to Ohio, Indiana and Michigan, without fear of Indian attacks.¹¹¹ After the war, supporters of Britain tried to repress the republicanism that was common among American immigrants to Canada.¹¹¹ The troubling memory of the war and the American invasions etched itself into the consciousness of Canadians as a distrust of the intentions of the United States towards the British presence in North America.¹¹⁴ pp. 254–255 Rebellions and the Durham Report Further information: Rebellions of 1837 The rebellions of 1837 against the British colonial government took place in both Upper and Lower Canada. In Upper Canada, a band of Reformers under the leadership of William Lyon Mackenzie took up arms in a disorganized and ultimately unsuccessful series of small-scale skirmishes around Toronto, London, and Hamilton.¹¹⁵ In Lower Canada, a more substantial rebellion occurred against British rule. Both English- and French-Canadian rebels, sometimes using bases in the neutral United States, fought several skirmishes against the authorities. The towns of Chambly and Sorel were taken by the rebels, and Quebec City was isolated from the rest of the colony. Montreal rebel leader Robert Nelson read the "Declaration of Independence of Lower Canada" to a crowd assembled at the town of Napierville in 1838.¹¹⁶ The rebellion of the Patriote movement was defeated after battles across Quebec. Hundreds were arrested, and several villages were burnt in reprisal.¹¹⁶ British Government then sent Lord Durham to examine the situation; he stayed in Canada only five months before returning to Britain and brought with him his Durham Report, which strongly recommended responsible government.¹¹⁷ A less well-received recommendation was the amalgamation of Upper and Lower Canada for the deliberate assimilation of the French-speaking population. The Canadas were merged into a single colony, the United Province of Canada, by the 1840 Act of Union, and responsible government was achieved in 1848, a few months after it was accomplished in Nova Scotia.¹¹⁷ The parliament of United Canada in Montreal was set on fire by a mob of Tories in 1849 after the passing of an indemnity bill for the people who suffered losses during the rebellion in Lower Canada.¹¹⁸ Between the Napoleonic Wars and 1850, some 800,000 immigrants came to the colonies of British North America, mainly from the British Isles, as part of the great migration of Canada.¹¹⁹ These included Gaelic-speaking Highland Scots displaced by the Highland Clearances to Nova Scotia and Scottish and English settlers to the Canadas, particularly Upper Canada. The Irish Famine of the 1840s significantly increased the pace of Irish Catholic immigration to British North America, with over 35,000 distressed Irish landing in Toronto alone in 1847 and 1848.¹²⁰ Pacific colonies Further information: History of British Columbia Spanish explorers had taken the lead in the Pacific Northwest coast, with the voyages of Juan José Pérez Hernández in 1774 and 1775.¹²¹ By the time the Spanish determined to build a fort on Vancouver Island, the British navigator James Cook had visited Nootka Sound and charted the coast as far as Alaska, while British and American maritime fur traders had begun a busy era of commerce with the coastal peoples to satisfy the brisk market for sea otter pelts in China, thereby launching what became known as the China Trade.¹²² In 1789 war threatened between Britain and Spain on their respective rights; the Nootka Crisis was resolved peacefully largely in favor of Britain, the much stronger naval power. In 1793 Alexander MacKenzie, a Canadian working for the North West Company, crossed the continent and with his Aboriginal guides and French-Canadian crew, reached the mouth of the Bella Coola River, completing the first continental crossing north of Mexico, missing George Vancouver's charting expedition to the region by only a few weeks.¹²³ In 1821, the North West Company and Hudson's Bay Company merged, with a combined trading territory that was extended by a licence to the North-Western Territory and the Columbia and New Caledonia fur districts, which reached the Arctic Ocean on the north and the Pacific Ocean on the west.¹²⁴ The Colony of Vancouver Island was chartered in 1849, with the trading post at Fort Victoria as the capital. This was followed by the Colony of the Queen Charlotte Islands in 1853, and by the creation of the Colony of British Columbia in 1858 and the Stikine Territory in 1861, with the latter three being founded expressly to keep those regions from being overrun and annexed by American gold miners.¹²⁵ The Colony of the Queen Charlotte Islands and most of the Stikine Territory were merged into the Colony of British Columbia in 1863 (the remainder, north of the 60th Parallel, became part of the North-Western Territory).¹²⁵ Confederation Main article: Canadian Confederation The Seventy-Two Resolutions from the 1864 Quebec Conference and Charlottetown Conference laid out the framework for uniting British colonies in North America into a federation.¹²⁶ They had been adopted by the majority of the provinces of Canada and became the basis for the London Conference of 1866, which led to the formation of the Dominion of Canada on July 1, 1867.¹²⁶ The term dominion was chosen to indicate Canada's status as a self-governing colony of the British Empire, the first time it was used about a country.¹²⁷ With the coming into force of the British North America Act (enacted by the British Parliament), the Province of Canada, New Brunswick, and Nova Scotia became a federated kingdom in its own right.¹²⁸ ¹²⁹ ¹³⁰ (According to J. McCullough, use of the phrase "Dominion of Canada ... was gradually phased out" during the "late 1940's, 50's, and early 60's" with the growth of "post-colonial Canadian nationalism".)¹³¹ Federation emerged from multiple impulses: the British wanted Canada to defend itself; the Maritimes needed railroad connections, which were promised in 1867; British-Canadian nationalism sought to unite the lands into one country, dominated by the English language and British culture; many French-Canadians saw an opportunity to exert political control within a new largely French-speaking Quebec¹¹⁴ pp. 323–324 and fears of possible U.S. expansion northward.¹²⁷ On a political level, there was a desire for the expansion of responsible government and elimination of the legislative deadlock between Upper and Lower Canada, and their replacement with provincial legislatures in a federation.¹²⁷ This was especially pushed by the liberal Reform movement of Upper Canada and the French-Canadian Parti rouge in Lower Canada who favored a decentralized union in comparison to the Upper Canadian Conservative party and to some degree the French-Canadian Parti bleu, which favored a centralized union.¹²⁷ ¹³² Early Post-Confederation Canada 1867–1914 Main article: Post-Confederation Canada (1867–1914) Territorial Expansion Further information: Territorial evolution of Canada Using the lure of the Canadian Pacific Railway, a transcontinental line that would unite the nation, Ottawa attracted support in the Maritimes and in British Columbia. In 1866, the Colony of British Columbia and the Colony of Vancouver Island merged into a single Colony of British Columbia; it joined the Canadian Confederation in 1871. In 1873, Prince Edward Island joined. Newfoundland—which had no use for a transcontinental railway—voted no in 1869, and did not join Canada until 1949.¹³³ In 1873 John A. Macdonald (First Prime Minister of Canada) created the North-West Mounted Police (now the Royal Canadian Mounted Police) to help police the Northwest Territories.¹³⁴ Specifically the Mounties were to assert Canadian sovereignty over possible American encroachments into the sparsely populated land.¹³⁴ The Mounties' first large-scale mission was to suppress the second independence movement by Manitoba's Métis, a mixed blood people of joint First Nations and European descent, who originated in the mid-17th century.¹³⁵ The desire for independence erupted in the Red River Rebellion in 1869 and the later North-West Rebellion in 1885 led by Louis Riel.¹³⁴ ¹³⁶ Suppressing the Rebellion was Canada's first independent military action. It cost about $5 million and demonstrated the need to complete the Canadian Pacific Railway. It guaranteed Anglophone control of the Prairies, and demonstrated the national government was capable of decisive action. However, it lost the Conservative Party most of their support in Quebec and led to permanent distrust of the Anglophone community on the part of the Francophones.¹³⁷ In 1905 when Saskatchewan and Alberta were admitted as provinces, they were growing rapidly thanks to abundant wheat crops that attracted immigration to the plains by Ukrainians and Northern and Central Europeans and by settlers from the United States, Britain and eastern Canada.¹³⁸ ¹³⁹ The Alaska boundary dispute, simmering since the Alaska purchase of 1867, became critical when gold was discovered in the Yukon during the late 1890s, with the U.S. controlling all the possible ports of entry. Canada argued its boundary included the port of Skagway. The dispute went to arbitration in 1903, but the British delegate sided with the Americans, angering Canadians who felt the British had betrayed Canadian interests to curry favour with the U.S.¹⁴⁰ In the 1890s, legal experts codified a framework of criminal law, culminating in the Criminal Code, 1892.¹⁴¹ This solidified the liberal ideal of "equality before the law" in a way that made an abstract principle into a tangible reality for every adult Canadian.¹⁴² Wilfrid Laurier who served 1896–1911 as the Seventh Prime Minister of Canada felt Canada was on the verge of becoming a world power, and declared that the 20th century would "belong to Canada"¹⁴³ Laurier signed a reciprocity treaty with the U.S. that would lower tariffs in both directions. Conservatives under Robert Borden denounced it, saying it would integrate Canada's economy into that of the U.S. and loosen ties with Britain. The Conservative party won the Canadian federal election, 1911.¹⁴⁴ Development of Popular Culture Canadian culture as it is understood today can be traced to its time period of westward expansion. Contributing factors include Canada's unique geography, climate, and cultural makeup. Being a cold country with long winter nights for most of the year, certain unique leisure activities developed in Canada during this period including hockey and lacrosse.¹⁴⁵ ¹⁴⁶ ¹⁴⁷ During this period the churches tried to steer leisure activities, by preaching against drinking and scheduling annual revivals and weekly club activities.¹⁴⁸ By 1930 radio played a major role in uniting Canadians behind their local or regional hockey teams. Play-by-play sports coverage, especially of ice hockey, absorbed fans far more intensely than newspaper accounts the next day. Rural areas were especially influenced by sports coverage.¹⁴⁹ Canadians in the 19th century came to believe themselves possessed of a unique "northern character," due to the long, harsh winters that only those of hardy body and mind could survive. This hardiness was claimed as a Canadian trait, and such sports as ice hockey and snowshoeing that reflected this were asserted as characteristically Canadian.¹⁵⁰ Outside the sports arena Canadians express the national characteristics of being peaceful, orderly and polite. Inside they scream their lungs out at ice hockey games, cheering the speed, ferocity, and violence, making hockey an ambiguous symbol of Canada.¹⁵¹ The Great War and interwar years 1914–1939 Main article: Canada in the World Wars and Interwar Years First World War Main article: Military history of Canada during World War I The Canadian Forces and civilian participation in the First World War helped to foster a sense of British-Canadian nationhood. The highpoints of Canadian military achievement during the First World War came during the Somme, Vimy, Passchendaele battles and what later became known as "Canada's Hundred Days".¹⁵² The reputation Canadian troops earned, along with the success of Canadian flying aces including William George Barker and Billy Bishop, helped to give the nation a new sense of identity.¹⁵³ The War Office in 1922 reported approximately 67,000 killed and 173,000 wounded during the war.¹⁵⁴ This excludes civilian deaths in war-time incidents like the Halifax Explosion.¹⁵⁴ Support for Great Britain during the First World War caused a major political crisis over conscription, with Francophones, mainly from Quebec, rejecting national policies.¹⁵⁵ During the crisis, large numbers of enemy aliens (especially Ukrainians and Germans) were put under government controls.¹⁵⁶ The Liberal party was deeply split, with most of its Anglophone leaders joining the unionist government headed by Prime Minister Robert Borden, the leader of the Conservative party.¹⁵⁷ The Liberals regained their influence after the war under the leadership of William Lyon Mackenzie King, who served as prime minister with three separate terms between 1921 and 1949.¹⁵⁸ Women's suffrage Further information: History of Canadian women § Feminism and woman suffrage See also: Canadian women during the world wars Women's political status without the vote was vigorously promoted by the National Council of Women of Canada from 1894 to 1918. It promoted a vision of "transcendent citizenship" for women. The ballot was not needed, for citizenship was to be exercised through personal influence and moral suasion, through the election of men with strong moral character, and through raising public-spirited sons.¹⁵⁹ The National Council position reflected its nation-building program that sought to uphold Canada as a White settler nation. While the woman suffrage movement was important for extending the political rights of White women, it was also authorized through race-based arguments that linked White women's enfranchisement to the need to protect the nation from "racial degeneration".¹⁵⁹ Women did have a local vote in some provinces, as in Canada West from 1850, where women owning land could vote for school trustees. By 1900 other provinces adopted similar provisions, and in 1916 Manitoba took the lead in extending full women's suffrage.¹⁶⁰ Simultaneously suffragists gave strong support to the prohibition movement, especially in Ontario and the Western provinces.¹⁶¹ ¹⁶² The Military Voters Act of 1917 gave the vote to British women who were war widows or had sons or husbands serving overseas. Unionists Prime Minister Borden pledged himself during the 1917 campaign to equal suffrage for women. After his landslide victory, he introduced a bill in 1918 for extending the franchise to women. This passed without division, but did not apply to Quebec provincial and municipal elections. The women of Quebec gained full suffrage in 1940. The first woman elected to Parliament was Agnes Macphail of Ontario in 1921.¹⁶³ Interwar On the world stage As a result of its contribution to Allied victory in the First World War, Canada became more assertive and less deferential to British authority. Convinced that Canada had proven itself on the battlefields of Europe, Prime Minister Sir Robert Borden demanded that it have a separate seat at the Paris Peace Conference in 1919. This was initially opposed not only by Britain but also by the United States, which saw such a delegation as an extra British vote. Borden responded by pointing out that since Canada had lost nearly 60,000 men, a far larger proportion of its men, its right to equal status as a nation had been consecrated on the battlefield. British Prime Minister David Lloyd George eventually relented, and convinced the reluctant Americans to accept the presence of delegations from Canada, India, Australia, Newfoundland, New Zealand, and South Africa. These also received their own seats in the League of Nations.¹⁶⁴ Canada asked for neither reparations nor mandates. It played only a modest role at Paris, but just having a seat was a matter of pride. It was cautiously optimistic about the new League of Nations, in which it played an active and independent role.¹⁶⁵ In 1923 British Prime Minister, David Lloyd George, appealed repeatedly for Canadian support in the Chanak crisis, in which a war threatened between Britain and Turkey. Canada refused.¹⁶⁶ The Department of External Affairs, which had been founded in 1909, was expanded and promoted Canadian autonomy as Canada reduced its reliance on British diplomats and used its own foreign service.¹⁶⁷ Thus began the careers of such important diplomats as Norman Robertson and Hume Wrong, and future prime minister Lester Pearson.¹⁶⁸ Domestic affairs In 1921 to 1926, William Lyon Mackenzie King's Liberal government pursued a conservative domestic policy with the object of lowering wartime taxes and, especially, cooling wartime ethnic tensions, as well as defusing postwar labour conflicts. The Progressives refused to join the government, but did help the Liberals defeat non-confidence motions. King faced a delicate balancing act of reducing tariffs enough to please the Prairie-based Progressives, but not too much to alienate his vital support in industrial Ontario and Quebec, which needed tariffs to compete with American imports. King and Conservative leader Arthur Meighen sparred constantly and bitterly in Commons debates.¹⁶⁹ The Progressives gradually weakened. Their effective and passionate leader, Thomas Crerar, resigned to return to his grain business, and was replaced by the more placid Robert Forke. The socialist reformer J. S. Woodsworth gradually gained influence and power among the Progressives, and he reached an accommodation with King on policy matters.¹⁷⁰ In 1926 Prime Minister Mackenzie King advised the Governor General, Lord Byng, to dissolve Parliament and call another election, but Byng refused, the only time that the Governor General has exercised such a power. Instead Byng called upon Meighen, the Conservative Party leader, to form a government.¹⁷¹ Meighen attempted to do so, but was unable to obtain a majority in the Commons and he, too, advised dissolution, which this time was accepted. The episode, the King–Byng Affair, marks a constitutional crisis that was resolved by a new tradition of complete non-interference in Canadian political affairs on the part of the British government.¹⁷² Great Depression Main article: Great Depression in Canada Canada was hard hit by the worldwide Great Depression that began in 1929. Between 1929 and 1933, the gross national product dropped 40% (compared to 37% in the US). Unemployment reached 27% at the depth of the Depression in 1933.¹⁷³ Many businesses closed, as corporate profits of $396 million in 1929 turned into losses of $98 million in 1933. Canadian exports shrank by 50% from 1929 to 1933. Construction all but stopped (down 82%, 1929–33), and wholesale prices dropped 30%. Wheat prices plunged from 78c per bushel (1928 crop) to 29c in 1932.¹⁷³ Urban unemployment nationwide was 19%; Toronto's rate was 17%, according to the census of 1931. Farmers who stayed on their farms were not considered unemployed.¹⁷⁴ By 1933, 30% of the labour force was out of work, and one fifth of the population became dependent on government assistance. Wages fell as did prices. Worst hit were areas dependent on primary industries such as farming, mining and logging, as prices fell and there were few alternative jobs. Most families had moderate losses and little hardship, though they too became pessimistic and their debts became heavier as prices fell. Some families saw most or all of their assets disappear, and suffered severely.¹⁷⁵ ¹⁷⁶ In 1930, in the first stage of the long depression, Prime Minister Mackenzie King believed that the crisis was a temporary swing of the business cycle and that the economy would soon recover without government intervention. He refused to provide unemployment relief or federal aid to the provinces, saying that if Conservative provincial governments demanded federal dollars, he would not give them "a five cent piece."¹⁷⁷ His blunt wisecrack was used to defeat the Liberals in the 1930 election. The main issue was the rapid deterioration in the economy and whether the prime minister was out of touch with the hardships of ordinary people.¹⁷⁸ ¹⁷⁹ The winner of the 1930 election was Richard Bedford Bennett and the Conservatives. Bennett had promised high tariffs and large-scale spending, but as deficits increased, he became wary and cut back severely on Federal spending. With falling support and the depression getting only worse, Bennett attempted to introduce policies based on the New Deal of President Franklin D. Roosevelt (FDR) in the United States, but he got little passed. Bennett's government became a focus of popular discontent. For example, auto owners saved on gasoline by using horses to pull their cars, dubbing them Bennett Buggies. The Conservative failure to restore prosperity led to the return of Mackenzie King's Liberals in the 1935 election.¹⁸⁰ In 1935, the Liberals used the slogan "King or Chaos" to win a landslide in the 1935 election.¹⁸¹ Promising a much-desired trade treaty with the U.S., the Mackenzie King government passed the 1935 Reciprocal Trade Agreement. It marked the turning point in Canadian-American economic relations, reversing the disastrous trade war of 1930–31, lowering tariffs, and yielding a dramatic increase in trade.¹⁸² The worst of the Depression had passed by 1935, as Ottawa launched relief programs such as the National Housing Act and National Employment Commission. The Canadian Broadcasting Corporation became a crown corporation in 1936. Trans-Canada Airlines (the precursor to Air Canada) was formed in 1937, as was the National Film Board of Canada in 1939. In 1938, Parliament transformed the Bank of Canada from a private entity to a crown corporation.¹⁸³ One political response was a highly restrictive immigration policy and a rise in nativism.¹⁸⁴ Times were especially hard in western Canada, where a full recovery did not occur until the Second World War began in 1939. One response was the creation of new political parties such as the Social Credit movement and the Cooperative Commonwealth Federation, as well as popular protest in the form of the On-to-Ottawa Trek.¹⁸⁵ The End of British Rule Main article: Statute of Westminster, 1931 Following the Balfour Declaration of 1926, the British Parliament passed the Statute of Westminster in 1931 which acknowledged Canada as coequal with the United Kingdom and the other Commonwealth realms. It was a crucial step in the development of Canada as a separate state in that it provided for nearly complete legislative autonomy from the Parliament of the United Kingdom.¹⁸⁶ Although the United Kingdom retained authority over any Canadian constitutional changes, this authority was later relinquished with the passing of the Constitution Act, 1982 which was the final step in achieving full sovereignty. Canada during the Second World War Further information: Military history of Canada during the Second World War Canada's involvement in the Second World War began when Canada declared war on Nazi Germany on September 10, 1939, delaying it one week after Britain acted to symbolically demonstrate independence. The war restored Canada's economic health and its self-confidence, as it played a major role in the Atlantic and in Europe. During the war, Canada became more closely linked to the U.S. The Americans took virtual control of Yukon in order to build the Alaska Highway, and were a major presence in the British colony of Newfoundland with major airbases.¹⁸⁷ Mackenzie King — and Canada — were largely ignored by Winston Churchill and the British government despite Canada's major role in supplying food, raw materials, munitions and money to the hard-pressed British economy, training airmen for the Commonwealth, guarding the western half of the North Atlantic Ocean against German U-boats, and providing combat troops for the invasions of Italy, France and Germany in 1943–45. The government successfully mobilized the economy for war, with impressive results in industrial and agricultural output. The depression ended, prosperity returned, and Canada's economy expanded significantly. On the political side, Mackenzie King rejected any notion of a government of national unity.¹⁸⁸ The Canadian federal election, 1940 was held as normally scheduled, producing another majority for the Liberals. Building up the Royal Canadian Air Force was a high priority; it was kept separate from Britain's Royal Air Force. The British Commonwealth Air Training Plan Agreement, signed in December 1939, bound Canada, Britain, New Zealand, and Australia to a program that eventually trained half the airmen from those four nations in the Second World War.¹⁸⁹ After the start of war with Japan in December 1941, the government, in cooperation with the U.S., began the Japanese-Canadian internment, which sent 22,000 British Columbia residents of Japanese descent to relocation camps far from the coast. The reason was intense public demand for removal and fears of espionage or sabotage.¹⁹⁰ The government ignored reports from the RCMP and Canadian military that most of the Japanese were law-abiding and not a threat.¹⁹¹ The Battle of the Atlantic began immediately, and from 1943 to 1945 was led by Leonard W. Murray, from Nova Scotia. German U-boats operated in Canadian and Newfoundland waters throughout the war, sinking many naval and merchant vessels, as Canada took charge of the defenses of the western Atlantic.¹⁹² The Canadian army was involved in the failed defence of Hong Kong, the unsuccessful Dieppe Raid in August 1942, the Allied invasion of Italy, and the highly successful invasion of France and the Netherlands in 1944–45.¹⁹³ The Conscription Crisis of 1944 greatly affected unity between French and English-speaking Canadians, though was not as politically intrusive as that of the First World War.¹⁹⁴ Of a population of approximately 11.5 million, 1.1 million Canadians served in the armed forces in the Second World War. Many thousands more served with the Canadian Merchant Navy.¹⁹⁵ In all, more than 45,000 died, and another 55,000 were wounded.¹⁹⁶ ¹⁹⁷ Post-war Era 1945–1960 Main article: History of Canada (1945–1960) Prosperity returned to Canada during the Second World War and continued in the proceeding years, with the development of universal health care, old-age pensions, and veterans' pensions.¹⁹⁸ ¹⁹⁹ The financial crisis of the Great Depression had led the Dominion of Newfoundland to relinquish responsible government in 1934 and become a crown colony ruled by a British governor.²⁰⁰ In 1948, the British government gave voters three Newfoundland Referendum choices: remaining a crown colony, returning to Dominion status (that is, independence), or joining Canada. Joining the United States was not made an option. After bitter debate Newfoundlanders voted to join Canada in 1949 as a province.²⁰¹ The foreign policy of Canada during the Cold War was closely tied to that of the United States. Canada was a founding member of NATO (which Canada wanted to be a transatlantic economic and political union as well²⁰² ). In 1950, Canada sent combat troops to Korea during the Korean War as part of the United Nations forces. The federal government's desire to assert its territorial claims in the Arctic during the Cold War manifested with the High Arctic relocation, in which Inuit were moved from Nunavik (the northern third of Quebec) to barren Cornwallis Island;²⁰³ this project was later the subject of a long investigation by the Royal Commission on Aboriginal Peoples.²⁰⁴ In 1956, the United Nations responded to the Suez Crisis by convening a United Nations Emergency Force to supervise the withdrawal of invading forces. The peacekeeping force was initially conceptualized by Secretary of External Affairs and future Prime Minister Lester B. Pearson.²⁰⁵ Pearson was awarded the Nobel Peace Prize in 1957 for his work in establishing the peacekeeping operation.²⁰⁵ Throughout the mid-1950s, Louis St. Laurent (12th Prime Minister of Canada) and his successor John Diefenbaker attempted to create a new, highly advanced jet fighter, the Avro Arrow.²⁰⁶ The controversial aircraft was cancelled by Diefenbaker in 1959. Diefenbaker instead purchased the BOMARC missile defense system and American aircraft. In 1958 Canada established (with the United States) the North American Aerospace Defense Command (NORAD).²⁰⁷ 1960–1981 Main article: History of Canada (1960–1981) In the 1960s, what became known as the Quiet Revolution took place in Quebec, overthrowing the old establishment which centred on the Roman Catholic Archdiocese of Quebec and led to modernizing of the economy and society.²⁰⁸ Québécois nationalists demanded independence, and tensions rose until violence erupted during the 1970 October Crisis. John Saywell says, "The two kidnappings and the murder of Pierre Laporte were the biggest domestic news stories in Canada's history"²⁰⁹ ²¹⁰ In 1976 the Parti Québécois was elected to power in Quebec, with a nationalist vision that included securing French linguistic rights in the province and the pursuit of some form of sovereignty for Quebec. This culminated in the 1980 referendum in Quebec on the question of sovereignty-association, which was turned down by 59% of the voters.²¹⁰ In 1965, Canada adopted the maple leaf flag, although not without considerable debate and misgivings among large number of English Canadians.²¹¹ The World's Fair titled Expo 67 came to Montreal, coinciding with the Canadian Centennial that year. The fair opened April 28, 1967, with the theme "Man and his World" and became the best attended of all BIE-sanctioned world expositions until that time.²¹² Legislative restrictions on Canadian immigration that had favoured British and other European immigrants were amended in the 1960s, opening the doors to immigrants from all parts of the world.²¹³ While the 1950s had seen high levels of immigration from Britain, Ireland, Italy, and northern continental Europe, by the 1970s immigrants increasingly came from India, China, Vietnam, Jamaica and Haiti.²¹⁴ Immigrants of all backgrounds tended to settle in the major urban centres, particularly Toronto, Montreal and Vancouver.²¹⁴ During his long tenure in the office (1968–79, 1980–84), Prime Minister Pierre Trudeau made social and cultural change his political goals, including the pursuit of official bilingualism in Canada and plans for significant constitutional change.²¹⁵ The west, particularly the petroleum-producing provinces like Alberta, opposed many of the policies emanating from central Canada, with the National Energy Program creating considerable antagonism and growing western alienation.²¹⁶ Multiculturalism in Canada was adopted as the official policy of the Canadian government during the prime ministership of Pierre Trudeau.²¹⁷ 1982–1992 Main article: History of Canada (1982–1992) In 1982, the Canada Act was passed by the British parliament and granted Royal Assent by Queen Elizabeth II on March 29, while the Constitution Act was passed by the Canadian parliament and granted Royal Assent by the Queen on April 17, thus patriating the Constitution of Canada.²¹⁸ Previously, the constitution has existed only as an act passed of the British parliament, and was not even physically located in Canada, though it could not be altered without Canadian consent.²¹⁹ Canada had established complete sovereignty as an independent country, with the Queen's role as monarch of Canada separate from her role as the British monarch or the monarch of any of the other Commonwealth realms.²²⁰ At the same time, the Charter of Rights and Freedoms was added in place of the previous Bill of Rights.²²¹ The patriation of the constitution was Trudeau's last major act as Prime Minister; he resigned in 1984. On June 23, 1985, Air India Flight 182 was destroyed above the Atlantic Ocean by a bomb on board exploding; all 329 on board were killed, of whom 280 were Canadian citizens.²²² The Air India attack is the largest mass murder in Canadian history.²²³ The Progressive Conservative (PC) government of Brian Mulroney began efforts to gain Quebec's support for the Constitution Act 1982 and end western alienation. In 1987 the Meech Lake Accord talks began between the provincial and federal governments, seeking constitutional changes favourable to Quebec.²²⁴ The failure of the Meech Lake Accord resulted in the formation of a separatist party, Bloc Québécois.²²⁵ The constitutional reform process under Prime Minister Mulroney culminated in the failure of the Charlottetown Accord which would have recognized Quebec as a "distinct society" but was rejected in 1992 by a narrow margin.²²⁶ Under Brian Mulroney, relations with the United States began to grow more closely integrated. In 1986, Canada and the U.S. signed the "Acid Rain Treaty" to reduce acid rain. In 1989, the federal government adopted the Free Trade Agreement with the United States despite significant animosity from the Canadian public who were concerned about the economic and cultural impacts of close integration with the United States.²²⁷ On July 11, 1990, the Oka Crisis land dispute began between the Mohawk people of Kanesatake and the adjoining town of Oka, Quebec.²²⁸ The dispute was the first of a number of well-publicized conflicts between First Nations and the Canadian government in the late 20th century. In August 1990, Canada was one of the first nations to condemn Iraq's invasion of Kuwait, and it quickly agreed to join the U.S.-led coalition. Canada deployed destroyers and later a CF-18 Hornet squadron with support personnel, as well as a field hospital to deal with casualties.²²⁹ Recent history: 1992–present Main article: History of Canada (1992–present) Following Mulroney's resignation as prime minister in 1993, Kim Campbell took office and became Canada's first female prime minister.²³⁰ Campbell remained in office for only a few months: the 1993 election saw the collapse of the Progressive Conservative Party from government to two seats, while the Quebec-based sovereigntist Bloc Québécois became the official opposition.²³¹ Prime Minister Jean Chrétien of the Liberals took office in November 1993 with a majority government and was re-elected with further majorities during the 1997 and 2000 elections.²³² In 1995, the government of Quebec held a second referendum on sovereignty that was rejected by a margin of 50.6% to 49.4%.²³³ In 1998, the Canadian Supreme Court ruled unilateral secession by a province to be unconstitutional, and Parliament passed the Clarity Act outlining the terms of a negotiated departure.²³³ Environmental issues increased in importance in Canada during this period, resulting in the signing of the Kyoto Accord on climate change by Canada's Liberal government in 2002. The accord was in 2007 nullified by Prime Minister Stephen Harper's Conservative government, which proposed a "made-in-Canada" solution to climate change.²³⁴ Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act.²³⁵ Court decisions, starting in 2003, had already legalized same-sex marriage in eight out of ten provinces and one of three territories. Before the passage of the Act, more than 3,000 same-sex couples had married in these areas.²³⁶ The Canadian Alliance and PC Party merged into the Conservative Party of Canada in 2003, ending a 13-year division of the conservative vote. The party was elected twice as a minority government under the leadership of Stephen Harper in the 2006 federal election and 2008 federal election.²³² Harper's Conservative Party won a majority in the 2011 federal election with the New Democratic Party forming the Official Opposition for the first time.²³⁷ Under Harper, Canada and the United States continued to integrate state and provincial agencies to strengthen security along the Canada–United States border through the Western Hemisphere Travel Initiative.²³⁸ From 2002 to 2011, Canada was involved in the Afghanistan War as part of the U.S. stabilization force and the NATO-commanded International Security Assistance Force. In July 2010, the largest purchase in Canadian military history, totalling C$9 billion for the acquisition of 65 F-35 fighters, was announced by the federal government.²³⁹ Canada is one of several nations that assisted in the development of the F-35 and has invested over C$168 million in the program.²⁴⁰ On October 19, 2015, Stephen Harper's Conservatives were defeated by a newly resurgent Liberal party under the leadership of Justin Trudeau and which had been reduced to third party status in the 2011 elections.²⁴¹ Multiculturalism (cultural and ethnic diversity) has been emphasized in recent decades. Ambrose and Mudde conclude that: "Canada's unique multiculturalism policy ... which is based on a combination of selective immigration, comprehensive integration, and strong state repression of dissent on these policies. This unique blend of policies has led to a relatively low level of opposition to multiculturalism".²⁴² ²⁴³ Historiography Main article: Historiography of Canada The Conquest of New France has always been a central and contested theme of Canadian memory. Cornelius Jaenen argues: The Conquest has remained a difficult subject for French-Canadian historians because it can be viewed either as economically and ideologically disastrous or as a providential intervention to enable Canadians to maintain their language and religion under British rule. For virtually all Anglophone historians it was a victory for British military, political, and economic superiority which would eventually only benefit the conquered.²⁴⁴ Historians of the 1950s tried to explain the economic inferiority of the French-Canadians by arguing that the Conquest: destroyed an integral society and decapitated the commercial class; leadership of the conquered people fell to the Church; and, because commercial activity came to be monopolized by British merchants, national survival concentrated on agriculture.²⁴⁵ At the other pole, are those Francophone historians who see the positive benefit of enabling the preservation of language, and religion and traditional customs under British rule. French Canadian debates have escalated since the 1960s, as the Conquest is seen as a pivotal moment in the history of Québec's nationalism. Historian Jocelyn Létourneau suggested in the 21st century, "1759 does not belong primarily to a past that we might wish to study and understand, but, rather, to a present and a future that we might wish to shape and control."²⁴⁶ Anglophone historians, on the other hand, portray the Conquest as a victory for British military, political and economic superiority that was a permanent benefit to the French.²⁴⁷ Allan Greer argues that Whig history was once the dominant style of scholars. He says the: interpretive schemes that dominated Canadian historical writing through the middle decades of the twentieth century were built on the assumption that history had a discernible direction and flow. Canada was moving towards a goal in the nineteenth century; whether this endpoint was the construction of a transcontinental, commercial, and political union, the development of parliamentary government, or the preservation and resurrection of French Canada, it was certainly a Good Thing. Thus the rebels of 1837 were quite literally on the wrong track. They lost because they had to lose; they were not simply overwhelmed by superior force, they were justly chastised by the God of History.²⁴⁸ See also BC AB SK MB ON QC NB PE NS NL YT NT NU History by province or territory - Canada's Story - Events of National Historic Significance (Canada) - Heritage Minutes - Historiography of Canada - History of Canadian women - History of Canadian sports - History of Education in Canada - History of Montreal - History of North America - History of Ottawa - History of Quebec City - History of Toronto - History of Vancouver - History of Winnipeg - History Trek, Canadian History web portal designed for children - National Historic Sites of Canada - Persons of National Historic Significance References [1] Lawrence, David M. (2011). Andrea Ph.D., Alfred J., ed. Beringia and the Peopling of the New World. World History Encyclopedia. ABC-CLIO. p. 99. ISBN 978-1-85109-930-6. [2] Goebel, Ted; Waters, Michael R.; O'Rourke, Dennis H. (2008). "The Late Pleistocene Dispersal of Modern Humans in the Americas" (PDF). Science. 319 (5869): 1497–502. Bibcode:2008Sci...319.1497G. doi:10.1126/science.1153569. PMID 18339930. Retrieved February 5, 2010. [3] Wynn, Graeme (2007). Canada And Arctic North America: An Environmental History. ABC-CLIO. p. 20. ISBN 978-1-85109-437-0. Laurel Sefton MacDowell (2012). An Environmental History of Canada. UBC Press. p. 14. ISBN 978-0-7748-2104-9. Guy Gugliotta (February 2013). "When Did Humans Come to the Americas?". Smithsonian Magazine. Washington, DC: Smithsonian Institution. Retrieved June 25, 2015. [4] Fedje, Daryl W.; et al. (2004). Madsen, David B., ed. Late Wisconsin Environments and Archaeological Visibility on the Northern Northwest Coast. Entering America: Northeast Asia and Beringia Before the Last Glacial Maximum. University of Utah Press. p. 125. ISBN 978-0-87480-786-8. [5] "Introduction". 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[191] Major General Ken Stuart told Ottawa, "I cannot see that the Japanese Canadians constitute the slightest menace to national security." quoted in Ann Gomer Sunahara, The Politics of Racism: The Uprooting of Japanese Canadians During the Second World War, (1981) pg. 23. [192] "The Battle of the Atlantic" (PDF). Canadian Naval Review. 2005. Retrieved August 24, 2010. [193] Brereton Greenhous,; W. A. B. Douglas (1996). Out of the Shadows: Canada in the Second World War. Dundurn Press Ltd. ISBN 9781554882601. chapters 4, 6–9 [194] R. D. Francis; Richard Jones; Donald B. Smith (2009). Journeys: A History of Canada. Cengage Learning. p. 428. ISBN 978-0-17-644244-6. [195] Mac Johnston (2008). Corvettes Canada: Convoy Veterans of WWII Tell Their True Stories. John Wiley and Sons. p. 24. ISBN 978-0-470-15698-8. [196] Stanley Sandler (2002). Ground Warfare: H-Q. ABC-CLIO. p. 159. ISBN 978-1-57607-344-5. [197] Office of the Premier (2003). "PROVINCE DONATES $1 Million TO HONOUR WW II VETERANS". .news.gov.bc.ca. Retrieved August 8, 2010. [198] Stacey, C.P.; Foot, Richard (May 13, 2015). "World War II: Cost and Significance". The Canadian Encyclopedia (online ed.). Historica Canada. Retrieved January 17, 2016. [199] "Migration | Multicultural Canada". Multicultural Canada. 2008. Retrieved August 23, 2010. [200] "Dominion of Newfoundland" (PDF). Hamilton-Wentworth District School Board. 1999. Retrieved April 13, 2010. [201] Karl Mcneil, Earle (1998). "Cousins of a Kind: The Newfoundland and Labrador Relationship with the United States". American Review of Canadian Studies. 28. [202] The Economist, May 9–15, 2009, pg 80, "A 60-year-old dream " [203] Melanie McGrath (March 12, 2009). The Long Exile: A Tale of Inuit Betrayal and Survival in the High Arctic. Knopf Doubleday Publishing Group. pp. ??. ISBN 978-0-307-53786-7. Retrieved May 21, 2013. [204] Dussault, René; Erasmus, George (1994). "The High Arctic Relocation: A Report on the 1953–55 Relocation (Royal Commission on Aboriginal Peoples)". Canadian Government Publishing. p. 190. Retrieved June 20, 2010. [205] "The Nobel Peace Prize 1957". Nobel Foundation. Retrieved April 12, 2010. [206] "ADA-Avro Arrow Archives-AVRO CF-105 ARROW". Arrow Digital Archives. 2009. Retrieved April 13, 2010. [207] "North American Aerospace Defence (NORAD)". Canada's Air Force (National Defence). 2009. Retrieved April 13, 2010. [208] Dickinson, John Alexander; Brian J. Young (2003). A short history of Quebec. McGill-Queen's Press – MQUP. p. 372. ISBN 978-0-7735-7033-7. [209] John Saywell, ed. (1971). Canadian Annual Review for 1970. University of Toronto Press. pp. 3–152. ISBN 9780802001528., quote on page 3. [210] "Chronology of the October Crisis, 1970, and its Aftermath – Quebec History". Retrieved April 13, 2008. [211] "First "Canadian flags"". Department of Canadian Heritage. September 24, 2007. Retrieved December 16, 2008. [212] "Bid to hold the world's fair in Montreal". Expo 67 Man and His World. Library and Archives Canada. 2007. Retrieved June 14, 2007. [213] Vivian Shalla (2006). Working in a global era: Canadian perspectives. Canadian Scholars' Press. p. 223. ISBN 978-1-55130-290-4. [214] "Immigration Policy in the 1970s". Canadian Heritage (Multicultural Canada). 2004. Retrieved April 12, 2010. [215] Mark Tushnet (2009). Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law. Princeton University Press. p. 52. ISBN 978-0-691-14320-0. [216] Vicente, Mary Elizabeth (2005). "The National Energy Program". Canada's Digital Collections. Heritage Community Foundation. Retrieved April 26, 2008. [217] Duncan James S.; Ley, David (1993). Place, Culture, Representation. Routledge. p. 205. ISBN 978-0-415-09451-1. [218] "Constitution Acts, 1867 to 1982". Department of Justice Canada. 2010. Retrieved April 10, 2010. [219] George V (2008). "Statute of Westminster". 4. Westminster: King's Printer (published December 11, 1931). Retrieved April 21, 2010. [220] Trepanier, Peter (2004). "Some Visual Aspects of the Monarchical Tradition" (PDF). Canadian Parliamentary Review. Canadian Parliamentary Review. Retrieved 10 February 2017. [221] "The Night of Long Knives". Canada: A People's History. CBC. Retrieved April 8, 2006. [222] "In Depth: Air India: The Victims". CBC News. 2005. Archived from the original on April 13, 2009. Retrieved April 14, 2010. [223] Gairdner, William D. (2011). The Trouble with Canada ... Still! a Citizen Speaks Out. BPS Books. p. 418. ISBN 978-1-926645-67-4. [224] Scarfe, Brian L. (Winter 1981). "The Federal Budget and Energy Program, October 28, 1980: A Review". Canadian Public Policy. 7 (1): 1. doi:10.2307/3549850. JSTOR 3549850. (subscription required (help)). [225] Trevor W. Harrison; John W. Friesen (2010). Canadian Society in the Twenty-first Century: An Historical Sociological Approach. Canadian Scholars' Press. p. 73. ISBN 978-1-55130-371-0. [226] Núria Bosch; Marta Espasa; Albert Solé Ollé (2010). The Political Economy of Inter-regional Fiscal Flows: Measurement, Determinants and Effects on Country Stability. Edward Elgar Publishing. p. 374. ISBN 978-1-84980-323-6. [227] Raymond B. Blake (2007). Transforming the Nation: Canada and Brian Mulroney. McGill-Queen's University Press. pp. 22–42. ISBN 978-0-7735-7570-7. [228] "The Oka Crisis" (Digital Archives). Canadian Broadcasting Corporation. 2000. Retrieved April 16, 2010. [229] "Canada and Multilateral Operations in Support of Peace and Stability". National Defence and the Canadian Armed Forces. February 27, 1998. Retrieved January 28, 2016. [230] "Kim Campbell". Celebrating Women's Achievements - Canadian Women in Government. Library and Archives Canada. September 16, 2010. Retrieved January 17, 2016. [231] Moffat, Charles (November 2007). "The Roots of Quebec Separatism". The Lilith Gallery of Toronto. Retrieved April 16, 2010. [232] Dyck, Rand (2011). Canadian Politics (Concise fifth ed.). Cengage Learning. p. 211. ISBN 978-0-17-650343-7. [233] John A. Dickinson; Brian Young (2008). A Short History of Quebec. McGill-Queen's University Press. p. 21. ISBN 978-0-7735-7726-8. [234] A Climate Change Plan for the Purposes of the Kyoto Protocol Implementation Act - 2007 (PDF) (Report). Environment Canada. 2007. ISBN 978-0-662-46496-9. Retrieved April 16, 2010. [235] Pierceson, Jason; Piatti-Crocker, Adriana; Schulenberg, Shawn (2010). Same-Sex Marriage in the Americas: Policy Innovation for Same-Sex Relationships. Lexington Books. p. 169. ISBN 978-0-7391-4657-6. [236] "Canada passes bill to legalize gay marriage". The New York Times Company. 2005. Retrieved April 10, 2010. [237] "Preliminary Results". Elections Canada. Retrieved May 3, 2011. [238] Konrad, Victor; Nicol, Heather N. (2008). Beyond Walls: Re-inventing the Canada-United States Borderlands. Ashgate Publishing. p. 189. ISBN 978-0-7546-7202-9. [239] "Row over Canada F-35 fighter jet order". BBC News. July 16, 2010. Retrieved July 20, 2010. [240] Stone, Laura (July 16, 2010). "Conservatives announce $9B purchase of military fighter jets". Vancouver Sun. Canada. Retrieved July 20, 2010. [241] Gollom, Mark (October 19, 2015). "Justin Trudeau pledges 'real change' as Liberals leap ahead to majority government". CBC News. Retrieved November 13, 2015. [242] Ambrose, Emma; Mudde, Cas (2015). "Canadian Multiculturalism and the Absence of the Far Right". Nationalism and Ethnic Politics. 21 (2): 213. doi:10.1080/13537113.2015.1032033. [243] "A literature review of Public Opinion Research on Canadian attitudes towards multiculturalism and immigration, 2006-2009". Citizenship and Immigration Canada. 2011. Retrieved December 18, 2015. [244] Cornelius J. Jaenen, "Canada during the French regime", in D. A. Muise, ed. A Reader's Guide to Canadian History: 1: Beginnings to Confederation (1982), p.40. [245] Berger, Carl (1986). The Writing of Canadian History: Aspects of English-Canadian Historical Writing Since 1900. University of Toronto Press. pp. 185–186. ISBN 978-0-8020-6568-1. [246] Letourneau, Jocelyn (2012). Buckner, Phillip; Reid, John G., eds. What is to be done with 1759?. Remembering 1759: The Conquest of Canada in Historical Memory. University of Toronto Press. p. 279. ISBN 978-1-4426-4411-3. [247] Jaenen, "Canada during the French regime" (1982), p. 40. [248] Allan Greer, "1837–38: Rebellion reconsidered" Canadian Historical Review (1995) 76#1 pp 1–18, quotation on page 3. Further reading Main article: Bibliography of Canadian history - For an annotated bibliography and evaluation of major books, see Canada: A Reader's Guide, (2nd ed., 2000) by J. André Senécal, online, 91pp. - Black, Conrad. Rise to Greatness: The History of Canada From the Vikings to the Present (2014), 1120pp excerpt - Brown, Craig, ed. Illustrated History of Canada (McGill-Queen's Press-MQUP, 2012), Chapters by experts - Bumsted, J.M. The Peoples of Canada: A Pre-Confederation History; The Peoples of Canada: A Post-Confederation History (2 vol. 2014), University textbook - Chronicles of Canada Series (32 vol. 1915-1916) edited by G. M. Wrong and H. H. Langton online detailed popular history - Conrad, Margaret, Alvin Finkel and Donald Fyson. Canada: A History (Toronto: Pearson, 2012) - Crowley, Terence Allan; Terry Crowley; Rae Murphy (1993). The Essentials of Canadian History: Pre-colonization to 1867—the Beginning of a Nation. Research & Education Assoc. ISBN 978-0-7386-7205-2. - Felske, Lorry William; Beverly Jean Rasporich (2004). Challenging Frontiers: the Canadian West. University of Calgary Press. ISBN 978-1-55238-140-3. - Francis, R. D.; Richard Jones; Donald B. Smith (2009). Journeys: A History of Canada. Cengage Learning. ISBN 978-0-17-644244-6. - Lower, Arthur R. M. (1958). Canadians in the Making: A Social History of Canada. Longmans, Green. - McNaught, Kenneth. The Penguin History of Canada (Penguin books, 1988) - Morton, Desmond (2001). A short history of Canada. McClelland & Stewart Limited. ISBN 978-0-7710-6509-5. - Morton, Desmond (1999). A Military History of Canada: from Champlain to Kosovo. McClelland & Stewart. ISBN 9780771065149. - Norrie, Kenneth, Douglas Owram and J.C. Herbert Emery. (2002) A History of the Canadian Economy (4th ed. 2007) - Riendeau, Roger E. (2007). A Brief History of Canada. Infobase Publishing. ISBN 978-1-4381-0822-3. Scholarly article collections - Bumsted, J. M. and Len Keffert, eds. Interpreting Canada's Past (2 vol. 2011) - Conrad, Margaret and Alvin Finkel, eds. Nation and Society: Readings in Pre-Confederation Canadian History; Nation and Society: Readings in Post-Confederation Canadian History (2nd ed. 2008) - Francis, R. Douglas and Donald B Smith, eds. Readings in Canadian History (7th ed. 2006) Primary sources and statistics - Kennedy, W.P.M., ed. (1918). Documents of the Canadian Constitution, 1759-1915. Oxford UP.; 707pp - Urquhart, Malcolm Charles and F.H. Leacy, eds. Historical statistics of Canada (2nd ed. Ottawa: Statistics Canada, 1983). 800 p. ISBN 0-660-11259-0 - Reid, J.H. Stewart; et al., eds. (1964). A Source-book of Canadian History: Selected Documents and Personal Papers. Longmans Canada.; 484pp; primary sources on 200+ topics Historiography - Berger, Carl. Writing Canadian History: Aspects of English Canadian Historical Writing since 1900 (2nd ed. 1986), 364pp evaluates the work of most of the leading 20th century historians of Canada. - Careless, J. M. S. "Canadian Nationalism — Immature or Obsolete?" Report of the Annual Meeting of the Canadian Historical Association / Rapports annuels de la Société historique du Canada (1954) 33#1 pp: 12-19. online - Muise D. A. ed. A Reader's Guide to Canadian History: 1, Beginnings to Confederation (1982); (1982) Topical articles by leading scholars + Granatstein J.L. and Paul Stevens, ed. A Reader's Guide to Canadian History: vol 2: Confederation to the present (1982), Topical articles by leading scholars - Taylor, Martin Brook; Douglas Owram (1994). Canadian History: A Reader's Guide: Beginnings to Confederation. University of Toronto Press. ISBN 978-0-8020-6826-2.; essays by experts evaluate the scholarly literature + Martin Brook Taylor; Douglas Owram (1994). Canadian history. 2. Confederation to the present. University of Toronto Press. ISBN 978-0-8020-7676-2.; essays by experts evaluate the scholarly literature External links - The Canadian Encyclopedia - National Historic Sites of Canada - The Dictionary of Canadian Biography - Canadian Studies – Guide to the Sources - The Quebec History encyclopedia by Marianopolis College - History of Canada at DMOZ - The Historica-Dominion Institute, includes Heritage Minutes - H-CANADA, daily academic discussion email list - Canadian History & Knowledge – Association for Canadian Studies Historiography of Canada The historiography of Canada deals with the manner in which historians have depicted analyzed and debated the History of Canada. It also covers the popular memory of critical historical events, ideas and leaders, as well as the depiction of those events in museums, monuments, reenactments, pageants and historic sites. Amateur historians Amateur historians, self-taught in the knowledge of the sources but with a limited knowledge of the historiography, dominated publications until the late 19th century. The most influential of the amateur historians was François-Xavier Garneau (1809–1866), a self-educated poor boy who defined the essence of Quebec nationalistic history for a century with his Histoire du Canada depuis sa découverte jusqu' à nos jours (3 vol., multiple editions from 1845 onward). The first edition came under attack from Catholic Church officials for its touch of liberalism; after he revised the work the Church gave its blessing.¹ He taught the profound linkage of language, laws, and customs, and how the Catholic faith was essential to the French Canadian nationality. His ideas became dogma across Quebec, and were continued deep into the 20th century by Abbe Lionel Groulx (1878-1967), the first full-time university professor of Quebec history.² ³ ⁴ ⁵ In Anglophone Canada the most prominent amateur of his day was William Kingsford (1819 – 1898), whose History of Canada (1887-1898) was widely read by the upper middle class, as well as Anglophone teachers, despite its poor organization and pedestrian writing style. Kingsford believed that the Conquest guaranteed victory for British constitutional liberty and that it ensured material progress. He assumed the assimilation of French Canadians into a superior British culture was inevitable and desirable, for he envisioned Canada as one nation with one anglophone population.⁶ ⁷ Lovers of the past set up local historical societies and museums preserve the documents and artifacts. Amateurs are still quite important, especially as journalists write biographies of politicians and studies of major political developments. By far the most popular of the amateurs was the Harvard-based American Francis Parkman (1823-1893), whose nine volumes on "France and England in North America" (Boston, 1865–92) are still widely read as literary masterpieces.⁸ Organizations of professional historians Main article: Canadian Historical Association Professionalism emerged after 1890 with the founding of academic history departments at universities, and the practice of sending graduate students to Britain for advanced training in preparation for a university professorship. In 1896, George McKinnon Wrong, an Anglican clergyman, introduced modern Canadian history to the University of Toronto. He launched the Review of Historical Publications Relating to Canada, which was the forerunner of the Canadian Historical Review. Professionalization climaxed with the 1922 founding of the Canadian Historical Association (CHA). The language became technical, and scientific, with an emphasis on gathering facts from primary sources, and avoiding grandiose patriotic claims. Women, who had been quite active in historical societies and museums, were largely excluded from professional history.⁹ The CHA has a journal and an annual convention, and gives out numerous awards For the best publications. Much of the work is done by specialized committees. For example, the Canadian Committee on Labour History, publishes its own journal Labour/Le Travail and holds an annual conference as part of the Congress of the Canadian Federation for the Humanities and Social Sciences (the "Learneds"). Other topical interest committees include: - Committee on Women's History - Canadian Committee on History and Computing - Graduate Students' Committee - Canadian Committee on the History of Sexuality - History of Children and Youth Group - Committee on the Second World War - Economic Historians in Canada - Canadian Urban History Association - Business History Group - Native History Study Group - Oral History Group/Oral History Forum - Public History Group - Environmental History Group - Political History Group Political history Much of the teaching and writing of the first generation of professional historians dealt with Canadian political history, or more exactly constitutional history. Donald Wright says: Neither sophisticated nor particularly interesting, English-Canadian historical writing was what it was: traditional, political, constitutional, at times sentimental, and too focused on the story of self-government, its development over time, and its ultimate achievement.... If it wasn't dry-as-dust constitutional history, it was after-dinner expressions of loyalty to Great Britain, heroic accounts of great men, and patriotic renderings of the Plains of Abraham and General Wolfe or of Queenston Heights and General Brock.¹⁰ The Conquest The Conquest of New France has always been a central and contested theme of Canadian memory—as exemplified by an episode in 2009 when re-enactors were prevented from restaging the decisive 1759 battles in Quebec.¹¹ Cornelius Jaenen argues: The Conquest has remained a difficult subject for French-Canadian historians because it can be viewed either as economically and ideologically disastrous or as a providential intervention to enable Canadians to maintain their language and religion under British rule. For virtually all Anglophone historians it was a victory for British military, political, and economic superiority which would eventually only benefit the conquered.¹² Historians of the 1950s tried to explain the economic inferiority of the French-Canadians by arguing that the Conquest: destroyed an integral society and decapitated the commercial class; leadership of the conquered people fell to the Church; and, because commercial activity came to be monopolized by British merchants, national survival concentrated on agriculture.¹³ At the other pole, are those Francophone historians who see the positive benefit of enabling the preservation of language, and religion and traditional customs under British rule.¹⁴ Scholars such as Donald Fyson have pointed to the legal system as a success, with the continuation of French civil law and the introduction of liberal modernity.¹⁵ French Canadian debates have escalated since the 1960s, as the Conquest is seen as a pivotal moment in the history of Québec's nationalism. Historian Jocelyn Létourneau suggested in the 21st century, "1759 does not belong primarily to a past that we might wish to study and understand, but, rather, to a present and a future that we might wish to shape and control."¹⁶ "The Monument des Braves," begun in Quebec in 1863, commemorated the Battle of Sainte-Foy the last victory won by the French in Canada during the Seven Years' War. It began a wave Of commemorations that took place across Canada between 1850 and 1930. They were designed to create memories and left out the harshness of the British conquest and bring Anglophones and Francophones closer together.¹⁷ Anglophone historians, in sharp contrast, typically celebrated the Conquest as a victory for British military, political and economic superiority that was a permanent benefit to the French.¹⁴ Loyalists Main article: United Empire Loyalist The Loyalists paid attention to their history, developing an image of themselves that they took great pride in. In 1898, Henry Coyne provided a glowing depiction: The Loyalists, to a considerable extent, were the very cream of the population of the Thirteen Colonies. They represented in very large measure the learning, the piety, the gentle birth, the wealth and good citizenship of the British race in America, as well its devotion to law and order, British institutions, and the unity of the Empire. This was the leaven they brought to Canada, which has leavened the entire Dominion of this day.¹⁸ According to Margaret Conrad and Alvin Finkel, Coyne's memorial expresses essential themes that have often been incorporated into patriotic celebrations. The Loyalist tradition, as explicated by Murray Barkley and Norman Knowles, includes: The elite origins of the refugees, their loyalty to the British Crown, their suffering and sacrifice in the face of hostile conditions, their consistent anti-Americanism, and their divinely inspired sense of mission.¹⁹ Conrad and Finkel point up some exaggerations. They note that a few Loyalists were part of the colonial elite, and most were loyal to all things British. A few suffered violence and hardship. However about 20 percent returned to the United States, and other Loyalists supported the United States in the War of 1812. Conrad and Finkel conclude: in using their history to justify claims to superiority, descendants of the Loyalists abuse the truth and actually diminish their status in the eyes of their non-Loyalists neighbours....The scholars who argue that the Loyalists planted the seeds of Canadian liberalism or conservatism in British North America usually fail to take into account not only the larger context of political discussion that prevailed throughout the North Atlantic world, but also the political values brought to British North America by other immigrants in the second half of the 18th century.²⁰ War of 1812 Main article: Origins of the War of 1812 Canadian historian C.P. Stacey famously remarked that memories of the War of 1812 makes everybody happy. The Americans think they whipped the British. Canadians think of it equally pridefully as a war of defense in which their brave fathers, side-by-side, turned back the massed might of the United States and saved the country from conquest. And the English are the happiest of all, because they don't even know it happened.²¹ In a 2012 poll, 25% of all Canadians ranked their victory in the War of 1812 as the second most important part of their identity after free health care (53 per cent).²² The Canadian government spent $28 million on three years of bicentennial events, exhibits, historic sites, re-enactments, and a new national monument.²³ The official goal was to make Canadians aware that: Canada would not exist had the American invasion of 1812-15 been successful.The end of the war laid the foundation for Confederation and the emergence of Canada as a free and independent nation.Under the Crown, Canada's society retained its linguistic and ethnic diversity, in contrast to the greater conformity demanded by the American Republic.²⁴ In Toronto the "1812 Great Canadian Victory Party will bring the War of 1812...to life," promised the sponsors of a festival in November 2009.²⁵ More specifically, Ontario celebrates the war, and Quebec largely ignores it. Nationwide in 2009, 37% of Canadians thought Canada won the war, 15% thought it was a tie. But 39% know too little about it to say, including 63% in Quebec.²⁶ The memory of the war of 1812 was not especially important in the decades that followed it. A powerful oligarchy closely tied to Britain controlled Upper Canada (Ontario), and their criteria for legitimacy was loyalty to London, rather than heroic episodes in the war of 1812. As result they did not promote the memory of the war.²⁷ First Nations The War of 1812 is often celebrated in Ontario as a British victory for what would become Canada in 1867, but Canadian historians in recent decades look at it as a defeat for the First Nations of Canada, and also for the merchants of Montreal (who lost the fur trade of the Michigan-Minnesota area).²⁸ The British had a long-standing goal of building a "neutral" but pro-British Indian buffer state in the American Midwest.²⁹ ³⁰ They demanded a neutral Indian state at the peace conference in 1814 but failed to gain any of it because they had lost control of the region in the Battle of Lake Erie and the Battle of the Thames in 1813, where Tecumseh was killed. The British then abandoned the Indians south of the lakes. The royal elite of (what is now) Ontario gained much more power in the aftermath and used that power to repel American ideas such as democracy and republicanism, especially in those areas of Ontario settled primarily by Americans. Many of those settlers returned to the states and were replaced by immigrants from Britain who were imperial-minded.³¹ W. L. Morton says the war was a "stalemate" but the Americans "did win the peace negotiations."³² Arthur Ray says the war made "matters worse for the native people" as they lost military and political power.³³ Bumsted says the war was a stalemate but regarding the Indians "was a victory for the American expansionists."³⁴ Thompson and Randall say "the War of 1812's real losers were the Native peoples who had fought as Britain's ally."³⁵ Economic history Economic history was central to the new interpretations developing after 1900, in part because the economists and historians were collaborating using evidence from Canadian history. Staples thesis Main articles: Staples thesis and Harold Innis and the cod fishery Harold Innis (1894-1952), based in the history department at the University of Toronto,³⁶ and William Archibald Mackintosh (1895-1970), based in the economics department at Queen's University developed the Staples thesis. They argued that the Canadian Economy ( beyond the level of subsistence farming) was primarily based on exports of a series of staples—fish, fur, timber, wheat—that shipped to Britain and the British Empire. Industrialization came much later. The thesis explains Canadian economic development as a lateral, east-west conception of trade. Innis argued that Canada developed as it did because of the nature of its staple commodities: raw materials, such as fish, fur, lumber, agricultural products and minerals. This trading link cemented Canada's cultural links to Britain. The search for and exploitation of these staples led to the creation of institutions that defined the political culture of the nation and its regions. Innis, Influenced by the Frontier thesis of American historian Frederick Jackson Turner,³⁷ added a sociological dimension. Innis argued that different staples led to the emergence of regional economies (and societies) within Canada. For instance, the staple commodity in Atlantic Canada was cod fishing. This industry was very decentralized, but also very co-operative. In western Canada the central staple was wheat. Wheat farming was a very independent venture, which led to a history of distrust of government and corporations in that part of the country. (Also important, however, were the shocks caused by volatility in the market for wheat and by the weather itself on the growing season.) In Central Canada, the main staple was fur, and the fur trade dominated the economy for many years. This fur trade was controlled by large firms, such as the Hudson's Bay Company and thus produced the much more centralized, business-oriented society that today characterizes Montreal and Toronto. Donald Creighton (1902–1979) was a leading historian who built upon the Staples thesis in his The Commercial Empire of the St-Lawrence: 1760-1850 (1937). His Laurentian thesis showed how the English merchant class Came to dominate Canadian business through their control of the export of staples via the St-Lawrence River. They made Montreal economic, business and financial capital of Canada.³⁸ ³⁹ In his enormously influential biography of John A. McDonald, Creighton argued that McDonald had built upon and extended the Laurentian model by his creation of the transcontinental railway. More than that, Creighton transformed Canadian political history. For years scholars had complained about the old-fashioned, narrow, constitutional approach. They hoped Creighton could modernize the field and he came through, by adding not just biography, but also social, cultural, and especially long-term economic patterns as the matrix on which Canadian politics was played out.⁴⁰ Core-periphery model Innis depicted the relationship between regions of Canada as one of "heartland" to "hinterland":The periphery, or hinterland, is dominated by the core, or heartland. Because the heartland was dependent upon the search for and accumulation of staples (which were located in the hinterland) to perpetuate the economy, it sought to gain economic and political power by exploiting the hinterland.⁴¹ Historians continue to use elements of the Innis model, applying it for example to British Columbia. That provinces economic structure exemplifies the "core-periphery" structure of intra-regional relationships. The core is metropolitan Vancouver, with its concentration of corporate management and transportation functions and manufacturing growth. It dominates an underdeveloped periphery that depends on production and export of staple commodities.⁴² Keynesian version In the 1950s, Mackintosh revised the staples theory to position it inside the framework of Keynesian analysis. He Argued that government expenditures on infrastructure for staple exports were a special case of Keynesian counter cyclical fiscal policy. It amounted to priming of the economic pump to induce private sector investment.At the University of Saskatchewan, a team of economists led by George Britnell, Mabel Timlin, Kenneth Buckley and Vernon Fowke, were followers of Innis and developed this approach into a "Saskatchewan school" of economic history. Fowke's Canadian Agricultural Policy: The Historical Pattern (1966), showed that agriculture was promoted as an "investment frontier," the profits from which were to go to interests other than agriculture. Canadian policy was never to develop agriculture so as to improve the conditions of those who cultivated the soil but to aid imperial military and political goals and provide profits for commercial interests.⁴³ Whig history: Political history with a definite goal Historian Allan Greer argues that Whig history Was once the dominant style of scholarship. He says the: interpretive schemes that dominated Canadian historical writing through the middle decades of the twentieth century were built on the assumption that history had a discernible direction and flow. Canada was moving towards a goal in the nineteenth century; whether this endpoint was the construction of a transcontinental, commercial, and political union, the development of parliamentary government, or the preservation and resurrection of French Canada, it was certainly a Good Thing. Thus the rebels of 1837 were quite literally on the wrong track. They lost because they had to lose; they were not simply overwhelmed by superior force, they were justly chastised by the God of History.⁴⁴ With the decline of Whig history, Canadian scholarship since the late 20th century has avoided overarching themes and concentrated on specialized research topics. No longer do they minimize conflict and violence. Military historians map troop movements in 1837-38.⁴⁵ Imperial specialists explain how London approached the crisis.⁴⁶ Economic historians measure the depth of financial and agrarian distress that soured the mood.⁴⁷ Social historians reveal how ordinary people were caught up in the Rebellion.⁴⁸ Greer concludes that: The result has been a great advance in empirical knowledge: myths have been punctured, generalizations of the and qualified, and a wealth of factual data has been accumulated.⁴⁹ The downside in this minute particularism has been a loss of a broad overview or a sense of what it all meant, such as the Whig approach offered. Confederation 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 the legislative debates on Confederation as "hot air". In Waite's view, Confederation was driven by pragmatic brokerage politics and competing interest groups.⁵⁰ In 1987, political scientist Peter J. Smith challenged the view that Canadian Confederation was non-ideological. Smith argued that Confederation was motivated by new political ideologies as much as the American and French Revolutions and that Canadian Confederation 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 1860s, the Court Party tradition was represented by the supporters of Confederation, whereas the anti-capitalist and agrarian Country Party tradition was embodied by the Anti-Confederates.⁵¹ In a 2000 journal article, historian Ian McKay argued that 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 a "liberal order" in northern North America.⁵² Many Canadian historians have adopted McKay's liberal order framework as a paradigm for understanding Canadian history.⁵³ 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 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 that it would result in Big Government. The struggle over Confederation involved a battle between a staunchly 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 Sir John A. Macdonald's government to enact the protectionist National Policy and to subsidize major infrastructure projects such the Intercolonial and Pacific Railways.⁵⁴ 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 that the Fathers of Confederation were motivated by the values of the Enlightenment of the seventeenth and eighteenth centuries. She argues that 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.⁵⁵ Ethnic history Roberto Perin looks at the historiography of Canadian ethnic history and finds two alternative methodologies. One is more static and emphasizes how closely immigrant cultures replicate the Old World. This approach tends to be filiopietistic. The alternative approach has been influenced by the recent historiography on labor, urban, and family history. It sees the immigrant community as an essentially North American phenomenon and integrates it into the mainstream of Canadian culture.⁵⁶ Historians change their perspective Since the 1980s, historians have sharply revise their approach to Canadian history. Political history had been the dominant mode. The flagship Canadian Historical Review was heavily weighted toward political history, giving priority to macro themes such as elite politicians and statesmen, public institutions, and national issues. By 2000, however, the same journal gave two-thirds of its space to social history. Furthermore, micro topics with a narrow geographical and chronological focus have largely replaced wide-lens macro themes. Glassford argues that: The Big Questions are now seen to be societally based, and emanate from a cultural interpretation of such fundamental concepts as social class, gender, ethnicity, race, religion, and sexual orientation. Micro-analysis has at least as much validity in the new model as macro.⁵⁷ A backlash erupted from conservative historians, typified by political and military specialist Jack Granatstein who charged that social historians had "killed" Canadian history by displacing the traditional Whig narrative of upward political, diplomatic, and military progress with microscopic studies of the underclass, the trivial, and the inconsequential.".⁵⁸ ⁵⁹ Granatstein recalls the backlash: As the old white males rallied themselves and fought back, the resulting war produced heavy casualties, much bloodshed, and vast expenditures of time and effort. The political historians believed that narrative was important, that chronology mattered, and that the study of the past could not neglect the personalities of the leaders and the nations they lead. The social historians had no interest in the history of the "elites" and almost none in political history, except to denounce repressiveness of Canadian governments and business....Blame had to be allocated. Canada was guilty of genocide against the Indians, the bombing of Germany, the ecological rape of the landscape, and so on. Their aim was to use history, or their version of it, to cure white males of their sense of superiority.⁶⁰ Women Main article: History of Canadian women The woman's history movement began in the 1970s and grew rapidly across Canadian universities, attracting support from history departments and other disciplines as well. The Canadian Committee on Women's History (CCWH) was founded in 1975. Franca Iacovetta reported in 2007: Although the most prestigious awards and endowed chairs still go mostly to men, and men still outnumber women at the full professor rank, the greater influence of feminist historians within the wider profession is evident in their increased presence as journal and book series editors, the many scholarly prizes, the strong presence of women's and gender history on conference programs, and the growing number of their students who are in full-time positions.⁶¹ Quebec The history of women in Québec was generally neglected before 1980.⁶² ⁶³ The advent of the feminist movement, combined with the "New social history" that featured the study of ordinary people, created a new demand for a historiography of women. The first studies, emerged from a feminist perspective, and stressed their role as the terms who had been reduced to inferiority in a world controlled by men. Feminists sought the family itself as the centerpiece of the patriarchal system where fathers and husbands oppressed and alienated women. The second stage came when historians presented a more positive and balanced view.⁶⁴ Research has often been interdisciplinary, using insights from feminist theory, literature, anthropology and sociology to study gender relations, socialization, reproduction, sexuality, and unpaid work. Labour and family history have proved particularly open to these themes.⁶⁵ Environmental history Canadian historians have always paid close attention to geography, but until the 1980s they largely ignored the Canadian environment, except to point how cold the northerly nation is. More recently, explorers have ventured into new areas, but no overarching or major reinterpretation has swept the field. Two of the most widely noted books are Tina Loo, States of Nature: Conserving Canada's Wildlife in the Twentieth Century (2006), and John Sandlos, Hunters at the Margin: Native People and Wildlife Conservation in the NorthwestTerritories (2007).⁶⁶ ⁶⁷ ⁶⁸ Publications Scholarly articles and in-depth reviews of new historical studies appear in these journals: - Acadiensis, covers Atlantic Canada - Alberta history⁶⁹ - American Review of Canadian Studies⁷⁰ - British Columbia History⁷¹ - Canada's History, Formerly The Beaver (1920 – 2010) - Canadian Historical Review, the major scholarly journal - Histoire sociale/Social History, focus on Canada⁷² - Labour/Le Travail - London Journal of Canadian Studies⁷³ - Manitoba History⁷⁴ - Ontario History⁷⁵ - Quebec Studies⁷⁶ - Revue d'histoire de l'Amérique française focus on Quebec⁷⁷ - Saskatchewan History - Urban History Review - Revue d'histoire urbaine⁷⁸ See also - Bibliography of Canadian history - Canada Vignettes - Canadian identity - Heritage Minutes - List of Canadian historians - List of museums in Canada - National Historic Sites of Canada - War of 1812 Bicentennial Notes [1] Saint-Martin,, Louis-Ph. (1954). "L'histoire du Canada de F.-X. Garneau et la critique". Revue d'histoire de l'Amérique française. 8 (3): 380–394. doi:10.7202/301665ar. [2] Martin Brook Taylor; Doug Owram (1994). Canadian History: Beginnings to Confederation. p. 117.] [3] Pierre Savard and Paul Wyczynski, "GARNEAU, FRANÇOIS-XAVIER, in Dictionary of Canadian Biography vol. 9, December 15, 2015 [4] Serge Gagnon, Quebec and Its Historians: 1840 To 1920 (1981) [5] The influence of Garneau and Groulx extends well into the 21st century in Québec's school textbooks. Olivier Lemieux and Catherine Côté. "Étude des programmes et des manuels d'histoire du Québec de 1967 à 2012." Bulletin d'histoire politique 22#3 (2014): 145-157. abstract [6] M. Brook Taylor, "KINGSFORD, WILLIAM," Dictionary of Canadian Biography vol. 12, (2003), accessed December 15, 2015. [7] James K. McConica, "Kingsford and Whiggery in Canadian History." Canadian Historical Review 40#2 (1959): 108-120. [8] Daniel R. Woolf (1998). A Global Encyclopedia of Historical Writing. p. 696. [9] Donald Wright, The Professionalization of History in English Canada (U. of Toronto Press, 2005); 1999 PhD dissertation version [10] Donald Wright (2015). Donald Creighton: A Life in History. p. 162. [11] Phillip Buckner and John G. Reid (2012). Remembering 1759: The Conquest of Canada in Historical Memory. pp. 263–66. [12] Jaenen, Cornelius J. "Canada during the French regime", in D.A. Muise, ed. A Reader's Guide to Canadian History: 1: Beginnings to Confederation (1982), p.40. [13] Carl Berger (1986). The writing of Canadian history: aspects of English-Canadian historical writing since 1900. U of Toronto Press. pp. 185–86. [14] Jaenen, "Canada during the French regime," (1982) p 40 [15] Donald Fyson, "Between the Ancien Régime and Liberal Modernity: Law, Justice and State Formation in colonial Quebec, 1760-1867," History Compass (2014), 1#5 pp 412-432 [16] Buckner and Reid, eds., Remembering 1759: The Conquest of Canada in Historical Memory (2012) p 279 [17] Patrice Groulx, "La Commemoration de la Bataille de Sainte-Foy: du discours de la Loyaute a la 'Fusion des Races," ["Commemoration of the Battle of Sainte-Foy: from the discourse of loyalty to the "fusion of the races"] Revue d'histoire de L'Amerique francaise (2001) 55#1 pp 45-83. [18] Henry Coyne (1904). Memorial to the United Empire Loyalists. Publications of the Niagara Historical Society. p. 30. [19] Margaret Conrad and Alvin Finkel, History of the Canadian Peoples: Beginnings to 1867 (vol 1, 2006) p 202. [20] Conrad and Finkel, History of the Canadian Peoples: Beginnings to 1867 (vol 1, 2006) p 203. [21] Michael Lucas; Julie M Schablitsky (2014). Archaeology of the War of 1812. Left Coast Press. p. 33. [22] Jasper Trautsch, "Review of Whose War of 1812? Competing Memories of the Anglo-American Conflict," Reviews in History (review no. 1387) 2013; Revise 2014, accessed: 10 December 2015 [23] Trautsch, "Review of Whose War of 1812? Competing Memories of the Anglo-American Conflict," [24] Government of Canada, "The War of 1812, Historical Overview, Did You Know?" [25] There is no mention of the historians in the announcement of "Great 1812 Canadian Victory Party" [26] Jack Jedwab, "Most Canadians say we won the War of 1812; But Quebecers uncertain," Association for Canadian Studies December 6, 2009 [27] Martin Brook Taylor (1989). Promoters, Patriots, and Partisans: Historiography in Nineteenth-century English Canada. p. 137. [28] "The Indians and the fur merchants of Montreal had lost in the end," says Randall White, Ontario: 1610-1985 p. 75 [29] Dwight L. Smith, "A North American Neutral Indian Zone: Persistence of a British Idea" Northwest Ohio Quarterly 1989 61(2-4): 46-63 [30] Francis M. Carroll (2001). A Good and Wise Measure: The Search for the Canadian-American Boundary, 1783-1842. U of Toronto Press. p. 24. [31] Fred Landon, Western Ontario and the American Frontier (1941) p. 44; see also Gerald M. Craig, Upper Canada: The Formative Years, 1784-1841 (1963) [32] Morton, Kingdom of Canada 1969 pp 206-7 [33] Arthur Ray in Craig Brown ed. Illustrated History of Canada (2000) p 102. [34] J. M. Bumsted, Peoples of Canada (2003) 1:244-45 [35] John Herd Thompson and Stephen J. Randall, Canada and the United States (2008) p. 23 [36] Carl Berger, "The Writing of Canadian History (1976) pp. 85–111. [37] Morris Zaslow, "The Frontier Thesis in Recent Historiography", Canadian Historical Review (1948) 29#1 pp 153-67. [38] Donald Wright (2015). Donald Creighton: A Life in History. p. 358. [39] Donald A. Wright, "Review of 'The Empire of the St.Lawrence: A Study in Commerce and Politicsm'" in Canadian Historical Review (2004) 85#3 pp. 555-558 [40] Wright (2015). Donald Creighton. p. 211. [41] "Staples Theory" in Old Messengers, New Media: The Legacy of Innis and McLuhan, from Library and Archives Canada [42] Thomas A. Hutton, "The Innisian core-periphery revisited: Vancouver's changing relationships with British Columbia's staple economy." BC Studies: The British Columbian Quarterly 113 (1997): 69-100. online [43] Robin Neill, "Economic Historiography in the 1950s: The Saskatchewan School," Journal of Canadian Studies (1999) online [44] Allan Greer, "1837-38: Rebellion reconsidered" Canadian Historical Review (1995) 76#1 pp 1-18, quotation on page 3. [45] Mary Beacock Fryer, Volunteers and Redcoats, Raiders and Rebels: A Military History of the Rebellions of Upper Canada (1987). [46] Peter Burroughs, The Canadian crisis and British colonial policy, 1828-1841 (1972). [47] Fernand Ouellet, Economic and social history of Quebec, 1760-1850: structures and conjonctures (1980). [48] Allan Greer, The patriots and the people: The rebellion of 1837 in Rural Lower Canada (1993). [49] Greer, "1837-38: Rebellion reconsidered" Canadian Historical Review (1995) 76#1 pp 4-5. [50] See Introduction by Ged Martin in Peter B. Waite, The Confederation Debates in the Province of Canada, 1865 A Selection (McGill-Queen's University Press, 2006) [51] Peter J. Smith, "The Ideological Origins of Canadian Confederation", Canadian Journal of Political Science / Revue Canadienne De Science Politique (1987) 20#1: 3–29. [52] I. Mckay, "The Liberal Order Framework: A Prospectus for a Reconnaissance of Canadian History". Canadian Historical Review (2000) 81: 617–645. [53] Michel Ducharme and Jean-François Constant, Liberalism and Hegemony: Debating the Canadian Liberal Revolution (University of Toronto Press, 2009) [54] Andrew Smith, "Toryism, Classical Liberalism, and Capitalism: The Politics of Taxation and the Struggle for Canadian Confederation". Canadian Historical Review (2008) 89#1 : 1–25. [55] Janet Ajzenstat, The Canadian Founding: John Locke and Parliament (McGill-Queen's University Press, 2007) [56] Roberto Perin, "Clio as Ethnic: The Third Force in Canadian Historiography," Canadian Historical Review, (1983) 64#4: 441-467 [57] Larry A. Glassford, "The Evolution of 'New Political History' in English-Canadian Historiography: From Cliometrics to Cliodiversity," American Review of Canadian Studies (2002) 32#3 online [58] J. L. Granatstein, Who Killed Canadian History (1st ed. 1998, 2nd ed. 2007) pp 53-78 [59] Franca Iacovetta, "Gendering Trans/National Historiographies: Feminists Rewriting Canadian History." Journal of Women's History (2007) p 210 [60] Granatstein, Who Killed Canadian History p 59 quoted in Peter Farrugia, ed. (2005). The River of History: Trans-national and Trans-disciplinary Perspectives on the Immanence of the Past. U of Calgary Press. p. 9. [61] Franca Iacovetta, "Gendering Trans/National Historiographies: Feminists Rewriting Canadian History." Journal of Women's History (2007) 19#1 pp 206-213. [62] - Lévesque, Andrée. "Historiography: History of Women in Québec Since 1985." Quebec Studies 12 (1991): 83-91. [63] Clio Collective, Micheline Dumont and Michele Jean, Quebec Women: A History (1987) [64] Fernand Ouellet, "The Social Condition of Women and the Women's Movement," in Ouellet, Economy, Class, and Nation in Québec: Interpretive Essays (1991) pp 265-89 [65] Andrée Lévesque, "Reflexions sur l'histoire des Femmes sans l'histoire du Quebec," [Reflections on the history of women in the history of Quebec] Revue d'histoire de L'Amerique francaise (1997) 51#2 pp 271-284 [66] Sverker Sörlin, "The Historiography of the Enigmatic North" Canadian Historical Review (2014) 95#4 pp 555-566. [67] the first efforts appear in Chad Gaffield and Pam Gaffield, eds., Consuming Canada: Readings in environmental history (1995) [68] 3 David Freeland Duke, ed., Canadian Environmental History: Essential Readings (Toronto: Canadian Scholars' Press, 2006) [69] See website [70] See Website [71] See website [72] See website [73] Annual since 1984; see website [74] See website [75] see website [76] see homepage [77] See French Wikipedia [78] See website Further reading Main articles: Bibliography of Canadian history and List of Canadian historians - Artibise, Alan F. J., ed. Interdisciplinary Approaches to Canadian Society: A Guide to the Literature. (1990). 156 pp. - Bell, C. Elizabeth. "A Historiography of Canadian Aboriginal Activism in the 20th Century." Waterloo Historical Review 7 (2015). - Berger, Carl. Writing Canadian History: Aspects of English Canadian Historical Writing since 1900 (2nd ed. 1986), 364pp evaluates the work of most of the leading 20th century historians of Canada. - Berger, Carl, ed. Contemporary Approaches to Canadian Writing (1987) - Bliss, Michael. "Privatizing the Mind: The Sundering of Canadian History, the Sundering of Canada," Journal of Canadian Studies 26 (Winter 1991-92): 5-17 - Brandt, Gail Cuthbert. "National Unity and the Politics of Political History," Journal of the Canadian Historical Association 3 (1992): 3-11 - Buckner, Phillip and John G. Reid, eds. Remembering 1759: The Conquest of Canada in Historical Memory (U of Toronto Press, 2012) - Careless, J. M. S. "Canadian Nationalism — Immature or Obsolete?" Report of the Annual Meeting of the Canadian Historical Association / Rapports annuels de la Société historique du Canada (1954) 33#1 pp: 12-19. online - Conrad, Margaret and Alvin Finkel. History of the Canadian Peoples (2 vol 2006); university textbook with historiographical section at the end of most chapters. - Conrad, Margaret et al. Canadians and Their Pasts (University of Toronto Press, 2013) Uses telephone surveys with 3,419 respondents in 2007 to ask how they "use history to situate themselves in the present and plan for the future" - Cook, Ramsay. "Some French-Canadian Interpretations of the British Conquest: une quatrième dominante de la pensée canadienne-française." Historical Papers/Communications historiques 1.1 (1966): 70-83. online - Dick, Lyle. "A Growing Necessity for Canada: W. L. Morton's Centenary Series and the Forms of National History, 1955-80," Canadian Historical Review 82#2 (2001), 223-252. - Edwards, Justin D.l and Douglas Ivison. Downtown Canada: Writing Canadian Cities (2005) - Frenette, Yves. "Conscripting Canada's Past: The Harper Government and the Politics of Memory" Canadian Journal of History (2014) 49#2: 49–65 - Fulford, Robert, David Godfrey, and Abraham Rotstein. Read Canadian: a book about Canadian books (1972) 275pp; topical chapters that comment on the best historical and current studies - Gagnon, Serge. Quebec and its Historians: 1840 to 1920 (English ed. 1982; French ed. 1978) - Gagnon, Serge. Quebec and its Historians: The Twentieth Century (English ed. 1985) - Glassford, Larry A. "The Evolution of 'New Political History' in English-Canadian Historiography: From Cliometrics to Cliodiversity." American Review of Canadian Studies. 32#3 (2002). - Granatstein, J. L. Who Killed Canadian History? (2000) - Granatstein, J. L. and Paul Stevens, eds. A Reader's Guide to Canadian History: Confederation to the Present (1982) - Greer, Allan. "National, Transnational, and Hypernational Historiographies: New France Meets Early American History." Canadian Historical Review 91#4 (2010): 695-724. online - Hulan, Renée (2014). Canadian Historical Writing: Reading the Remains. Palgrave Macmillan., focus on Canadian novelists - Iacovetta, Franca. "Gendering Trans/National Historiographies: Feminists Rewriting Canadian History." Journal of Women's History (2007) 19#1 pp 206–213. - Kealey, Gregory S. "Class in English-Canadian Historical Writing: Neither Privatizing, Nor Sundering," Journal of Canadian Studies 27 (Summer 1992): - Kealey, Linda, Ruth Pierson, Joan Sangster, and Veronica Strong-Boag. "Teaching Canadian History in the 1990s: Whose 'National' History Are We Lamenting?," Journal of Canadian Studies 27 (Summer 1992): - Miquelon, Dale, ed. Society and Conquest: The Debate on the Bourgeoisie and Social Change in French Canada, 1700-1850 (Copp Clark Pub., 1977); Exurbs from primary sources and historians - Muise, D. A. ed., A Reader's Guide to Canadian History: i, Beginnings to Confederation (1982); essays by scholars + Granatstein and Stevens, eds. A Reader's Guide to Canadian History: Confederation to the Present v2 (1982); Essays by scholars - Osborne, Ken. "'Our History Syllabus Has Us Gasping': History in Canadian Schools--Past, Present, and Future," The Canadian Historical Review 81 (September 2000): - Parr, Joy. "Gender History and Historical Practice," The Canadian Historical Review 76 (September 1995): 354-376 - Read, Colin. "Canada's Twin 'Revolutionary' Traditions" Australian-Canadian Studies (1997) 15#1 pp 7–35 online - Taylor, M. Brook, ed. Canadian History: A Reader's Guide. Vol. 1. Doug Owram, ed. Canadian History: A Reader's Guide. Vol. 2. Toronto: 1994. historiography - Rudin, Ronald. Making History in Twentieth Century Quebec (1997) - Schultz, John. ed. Writing About Canada: A Handbook for Modern Canadian History (1990), chapters by experts on politics, economics, ideas, regions, agriculture, business, labor, women, ethnicity and war. - Sholdice, Mark. "'A Rather Stupid Sort of Game Played by the Bald and Obese Middle-aged': Partisanship and Patronage in Late Nineteenth- and Early-Twentieth-Century English Canadian Historical Writing." American Review of Canadian Studies (2015) 45#3 pp 365–377. online - Strong-Boag, Veronica, Mona Gleason, and Adele Perry. Rethinking Canada: The Promise of Women's History (2003) - Strong-Boag, Veronica. "Contested Space: The Politics of Canadian Memory," Journal of the Canadian Historical Association 5 (1994): 3-16 - Taylor, Martin Brook (1989). Promoters, Patriots, and Partisans: Historiography in Nineteenth-century English Canada. U of Toronto Press. p. 9. - Trautsch, Jasper M. "The Causes of the War of 1812: 200 Years of Debate," Journal of Military History (2013) 77#1 pp 273–293 - Trautsch, Jasper. "Whose War of 1812? Competing Memories of the Anglo-American Conflict" Reviews and History (2013; updated 2014) online - Warkentin, John, ed. So Vast and Various: Interpreting Canada's Regions in the Nineteenth and Twentieth Centuries (2010); looks at 150 years of writings about Canada's regions. - Wright, Donald. The Professionalization of History in English Canada (2005) 280pp; 1999 complete PhD dissertation version - Wright, Donald (2015). Donald Creighton: A Life in History., Scholarly biography of major historian. - Wyile, Herb (2007). Speaking in The Past Tense: Canadian Novelists on Writing Historical Fiction (2007 ed.). Wilfrid Laurier University Press. ISBN 978-0-88920-511-6. External links - Historiography in English - The Canadian Encyclopedia - Historiography of Canada (Quebec History) - Marianopolis College - "Economic history," from Canadian Encyclopedia + "Railway History" from Canadian Encyclopedia + "Staple Thesis" from Canadian Encyclopedia - "Oral History" from Canadian Encyclopedia National symbols National symbols of Canada National symbols of Canada are the symbols that are used in Canada and abroad to represent the country and its people. Prominently, the use of the maple leaf as a Canadian symbol dates back to the early 18th century, and is depicted on its current and previous flags, the penny, and on the coat of arms (or royal arms). The Crown symbolizes the Canadian monarchy,¹ and appears on the coat of arms (used by parliamentarians and government ministries), the flag of the Governor General,¹ the coats of arms of many provinces and territories; the badges of several federal departments, the Canadian Forces, Royal Military College of Canada, Royal Canadian Mounted Police (RCMP), many regiments, and other police forces; on buildings, as well as some highway signs and licence plates. Also, the Queen's image appears in Canadian government buildings, military installations and schools; and on Canadian stamps, $20 bank notes, and all coins. List of symbols Canada does not have a floral emblem,² and none of the tartan, maple leaf, or Great Seal emblems are official symbols.³ National bird In 2015, the Royal Canadian Geographical Society launched a National Bird Project in order to declare a national bird in time for Canada's sesquicentennial in 2017.⁸ In November 2016 they selected the Grey jay (formerly known as the Canada jay) and are currently lobbying the government to make it an official national symbol before the end of 2017. See also - List of Canadian provincial and territorial symbols - List of Canadian flags - Canadian royal symbols References [1] "The Crown in Canada". Department of Canadian Heritage. Retrieved 2011-07-27. [2] "Floral Emblems of Canada – A Bouquet". Canadian Heritage. 21 March 2009. Retrieved 2013-04-03. [3] "Other symbols of Canada". The Department of Canadian Heritage. Retrieved 2011-07-27. [4] "Official symbols of Canada". The Department of Canadian Heritage. Retrieved 2011-07-27. [5] "The arms of Canada". Department of Canadian Heritage. Retrieved 2011-07-27. [6] http://www.thecanadianencyclopedia.ca/en/article/great-seal-of-canada/ [7] "National Sports of Canada Act, CHAPTER N-16.7". Code of Canada. Government of Canada. 12 May 1994. [8] "The National Bird Project - Canadian Geographic". Canadian Geographic. Retrieved 2017-01-24. Further reading - Department of Canadian Heritage (2002). Symbols of Canada. Ottawa, ON: Queen's Printer for Canada. ISBN 0-660-18615-2. - Ross, David; Hook, Richard (1988). The Royal Canadian Mounted Police 1873–1987. London: Osprey. ISBN 0-85045-834-X. - Hutchins, Donna; Hutchins, Nigel (2006). The Maple Leaf Forever: A Celebration of Canadian Symbols. Erin: The Boston Mills Press. ISBN 978-1-55046-474-0. External links - Canadian Heritage: The Symbols of Canada Culture Culture of Canada The culture of Canada is a term that embodies the artistic, culinary, literary, humour, musical, political and social elements that are representative of Canada and Canadians. Throughout Canada's history, its culture has been influenced by European culture and traditions, especially British and French, and by its own indigenous cultures.¹ Over time, elements of the cultures of Canada's immigrant populations have become incorporated into mainstream Canadian culture.¹ ² The population has also been influenced by American culture because of a shared language, proximity and migration between the two countries.³ ⁴ Canada is often characterized as being "very progressive, diverse, and multicultural".⁵ Canada's federal government has often been described as the instigator of multicultural ideology because of its public emphasis on the social importance of immigration.⁶ Canada's culture draws from its broad range of constituent nationalities, and policies that promote a just society are constitutionally protected.⁷ Canadian Government policies—such as publicly funded health care; higher and more progressive taxation; outlawing capital punishment; strong efforts to eliminate poverty; an emphasis on cultural diversity; strict gun control; and most recently, legalizing same-sex marriage—are social indicators of Canada's political and cultural values.⁸ Canadians identify with the country's institutions of health care, military peacekeeping, the National park system and the Canadian Charter of Rights and Freedoms.⁹ ¹⁰ The Canadian government has influenced culture with programs, laws and institutions. It has created crown corporations to promote Canadian culture through media, such as the Canadian Broadcasting Corporation (CBC) and the National Film Board of Canada (NFB), and promotes many events which it considers to promote Canadian traditions. It has also tried to protect Canadian culture by setting legal minimums on Canadian content in many media using bodies like the Canadian Radio-television and Telecommunications Commission (CRTC).¹¹ Development of Canadian culture Historical influences Main articles: Canadians and History of Canada For tens of thousands of years, Canada was inhabited by Aboriginal peoples from a variety of different cultures and of several major linguistic groupings.¹² Although not without conflict and bloodshed, early European interactions with First Nations and Inuit populations in what is now Canada were arguably peaceful.¹³ First Nations and Métis peoples played a critical part in the development of European colonies in Canada, particularly for their role in assisting European coureur des bois and voyageurs in the exploration of the continent during the North American fur trade.¹⁴ Combined with late economic development in many regions, this comparably nonbelligerent early history allowed Aboriginal Canadians to have a lasting influence on the national culture (see: The Canadian Crown and Aboriginal peoples).¹⁵ Over the course of three centuries, countless North American Indigenous words, inventions, concepts, and games have become an everyday part of Canadian language and use.¹⁶ Many places in Canada, both natural features and human habitations, use indigenous names. The name "Canada" itself derives from the St. Lawrence Iroquoian word meaning "village" or "settlement".¹⁷ The name of Canada's capital city Ottawa comes from the Algonquin language term "adawe" meaning "to trade".¹⁷ The French originally settled New France along the shores of the Atlantic Ocean and Saint Lawrence River during the early part of the 17th century.¹⁸ Themes and symbols of pioneers, trappers, and traders played an important part in the early development of French Canadian culture.¹⁹ The British conquest of New France during the mid-18th century brought 70,000 Francophones under British rule, creating a need for compromise and accommodation.²⁰ The migration of 40,000 to 50,000 United Empire Loyalists from the Thirteen Colonies during the American Revolution (1775–1783) brought American colonial influences.²⁰ Following the War of 1812 a large wave of Irish, Scottish and English settlers arrived in Upper Canada and Lower Canada.²⁰ The Canadian Forces and overall civilian participation in the First World War and Second World War helped to foster Canadian nationalism;²¹ however, in 1917 and 1944, conscription crises highlighted the considerable rift along ethnic lines between Anglophones and Francophones.²² As a result of the First and Second World Wars, the Government of Canada became more assertive and less deferential to British authority.²³ Canada until the 1940s saw itself in terms of English and French cultural, linguistic and political identities, and to some extent aboriginal.²⁴ Legislative restrictions on immigration (such as the Continuous journey regulation and Chinese Immigration Act) that had favoured British, American and other European immigrants (such as Dutch, German, Italian, Polish, Swedish and Ukrainian) were amended during the 1960s,²⁵ ²⁶ resulting in an influx of diverse people from Asia, Africa, and the Caribbean.²⁷ By the end of the 20th century, immigrants were increasingly Chinese, Indian, Vietnamese, Jamaican, Filipino, Lebanese and Haitian.²⁸ As of 2006, Canada has grown to have thirty four ethnic groups with at least one hundred thousand members each, of which eleven have over 1,000,000 people and numerous others are represented in smaller numbers.²⁹ 16.2% of the population self identify as a visible minority.²⁹ The Canadian public as-well as the major political parties support immigration.³⁰ Canada has also evolved to be religiously and linguistically diverse, encompassing a wide range of dialects, beliefs and customs.³¹ ³² The 2011 Canadian census reported a population count of 33,121,175 individuals of whom 67.3% identify as being Christians; of these, Catholics make up the largest group, accounting for 38.7 percent of the population.³³ The largest Protestant denomination is the United Church of Canada (accounting for 6.1% of Canadians), followed by Anglicans (5.0%), and Baptists (1.9%).³³ About 23.9% of Canadians declare no religious affiliation, including agnostics, atheists, humanists, and other groups.³³ The remaining are affiliated with non-Christian religions, the largest of which is Islam (3.2%), followed by Hinduism (1.5%), Sikhism (1.4%) Buddhism (1.1%) and Judaism (1.0%).³³ English and French are the first languages of approximately 60% and 20% of the population; however in 2011, nearly 6.8 million Canadians listed a non-official language as their mother tongue.³⁴ Some of the most common non-official first languages include Chinese (mainly Cantonese with 1,072,555 first-language speakers); Punjabi (430,705); Spanish (410,670); German (409,200); and Italian (407,490).³⁵ Evolution of legislation Main articles: Official bilingualism in Canada, Human rights in Canada, and Multiculturalism in Canada French Canada's early development was relatively cohesive during the 17th and 18th centuries, and this was preserved by the Quebec Act of 1774, which allowed Roman Catholics to hold offices and practice their faith.³⁶ In 1867, the Constitution Act was thought to meet the growing calls for Canadian autonomy while avoiding the overly strong decentralization that contributed to the Civil War in the United States.³⁷ The compromises reached during this time between the English- and French-speaking Fathers of Confederation set Canada on a path to bilingualism which in turn contributed to an acceptance of diversity.³⁸ The English and French languages have had limited constitutional protection since 1867 and full official status since 1969.³⁹ Section 133 of the Constitution Act of 1867 (BNA Act) guarantees that both languages may be used in the Parliament of Canada.³⁹ Canada adopted its first Official Languages Act in 1969, giving English and French equal status in the government of Canada.⁴⁰ Doing so makes them "official" languages, having preferred status in law over all other languages used in Canada.⁴⁰ Prior to the advent of the Canadian Bill of Rights in 1960 and its successor the Canadian Charter of Rights and Freedoms in 1982, the laws of Canada did not provide much in the way of civil rights and this issue was typically of limited concern to the courts.⁴¹ Canada since the 1960s has placed emphasis on equality and inclusiveness for all people.⁴² For example, in 1995, the Supreme Court of Canada ruled in Egan v. Canada that sexual orientation should be "read in" to Section Fifteen of the Canadian Charter of Rights and Freedoms, a part of the Constitution of Canada guaranteeing equal rights to all Canadians.⁴³ Following a series of decisions by provincial courts and the Supreme Court of Canada, on July 20, 2005, the Civil Marriage Act (Bill C-38) received Royal Assent, legalizing same-sex marriage in Canada.⁴⁴ Canada thus became the fourth country to officially sanction same-sex marriage worldwide, after The Netherlands, Belgium, and Spain.⁴⁵ Furthermore, sexual orientation was included as a protected status in the human-rights laws of the federal government and of all provinces and territories.⁴⁶ Today, Canada has a diverse makeup of ethnicities and nationalities and constitutional protection for policies that promote multiculturalism rather than cultural assimilation or a single national myth.⁴⁷ In Quebec, cultural identity is strong, and many French-speaking commentators speak of a Quebec culture as distinguished from English Canadian culture⁴⁸ and other French Canadian cultures. However, as a whole, Canada is in theory, a cultural mosaic—a collection of several regional, aboriginal, and ethnic subcultures.⁴⁹ ⁵⁰ Celtic influences have allowed survival of non-English dialects in Nova Scotia and Newfoundland;⁵¹ Canada's Pacific trade has also brought a large Chinese influence into British Columbia and other areas.⁵² Multiculturalism in Canada was adopted as the official policy of the Canadian government during the prime ministership of Pierre Trudeau, and is enshrined in Section 27 of the Canadian Charter of Rights and Freedoms.⁵³ ⁵⁴ In parts of Canada, especially the major cities of Montreal, Vancouver, Ottawa and Toronto, multiculturalism itself is the cultural norm in many urban communities.⁵⁵ Values Main article: Canadian values Canadian values are the commonly shared ethical and human values of Canada. The major political parties have claimed explicitly that they uphold these values, but use generalities to specify them. Justin Trudeau after taking office as Prime Minister in 2015 tried to redefine what it means to be Canadian, saying that Canada lacks a core identity but does have shared values: There is no core identity, no mainstream in Canada....There are shared values — openness, respect, compassion, willingness to work hard, to be there for each other, to search for equality and justice. Those qualities are what make us the first postnational state.⁵⁶ Numerous scholars, beginning with Seymour Martin Lipset in the 1940s, have tried to identify, measure and compare them with other countries, especially the United States..⁵⁷ ⁵⁸ However, there are critics who say that such a task is practically impossible.⁵⁹ Identity Main article: Canadian identity Canada's large geographic size, the presence of a significant number of indigenous peoples, the conquest of one European linguistic population by another and relatively open immigration policy have led to an extremely diverse society. As a result, the issue of Canadian identity remains under scrutiny.⁶⁰ Journalist and author Richard Gwyn has suggested that "tolerance" has replaced "loyalty" as the touchstone of Canadian identity.⁶¹ Journalist and professor Andrew Cohen wrote in 2007: The Canadian Identity, as it has come to be known, is as elusive as the Sasquatch and Ogopogo. It has animated—and frustrated—generations of statesmen, historians, writers, artists, philosophers, and the National Film Board...Canada resists easy definition. — Andrew Cohen, The Unfinished Canadian: The People We Are⁶² The question of Canadian identity was traditionally dominated by three fundamental themes: first, the often conflicted relations between English Canadians and French Canadians stemming from the French Canadian imperative for cultural and linguistic survival; secondly, the generally close ties between English Canadians and the British Empire, resulting in a gradual political process towards complete independence from the imperial power; and finally, the close proximity of English-speaking Canadians to the United States.⁶³ In the 20th century, immigrants from African, Caribbean and Asian nationalities have shaped the Canadian identity, a process that continues today with the ongoing arrival of large numbers of immigrants from non-British or non-French backgrounds, adding the theme of multiculturalism to the debate.⁶⁴ ⁶⁵ Much of the debate over contemporary Canadian identity is argued in political terms, and defines Canada as a country defined by its government policies, which are thought to reflect deeper cultural values.⁶⁶ Nationalism and protectionism Main articles: Canadian nationalism, Quebec nationalism, and Canadian cultural protectionism In general, Canadian nationalists are highly concerned about the protection of Canadian sovereignty and loyalty to the Canadian State, placing them in the civic nationalist category. It has likewise often been suggested that anti-Americanism plays a prominent role in Canadian nationalist ideologies.⁶⁷ A unified, bi-cultural, tolerant and sovereign Canada remains an ideological inspiration to many Canadian nationalists.⁶⁸ Alternatively French Canadian nationalism and support for maintaining French Canadian culture would inspire Quebec nationalists, many of whom were supporters of the Quebec sovereignty movement during the late-20th century.⁶⁹ Cultural protectionism in Canada has, since the mid-20th century, taken the form of conscious, interventionist attempts on the part of various Canadian governments to promote Canadian cultural production.⁷⁰ Sharing a large border and (for the majority) a common language with the United States, Canada faces a difficult position in regard to American culture, be it direct attempts at the Canadian market or the general diffusion of American culture in the globalized media arena. While Canada tries to maintain its cultural differences, it also must balance this with responsibility in trade arrangements such as the General Agreement on Tariffs and Trade (GATT) and the North American Free Trade Agreement (NAFTA).⁷¹ Symbols Main articles: National symbols of Canada and Canadian royal symbols Official symbols of Canada include the maple leaf, beaver, and the Canadian Horse.⁷² ⁷³ ⁷⁴ Many official symbols of the country such as the Flag of Canada have been changed or modified over the past few decades to 'Canadianize' them and de-emphasise or remove references to the United Kingdom.⁷⁵ Other prominent symbols include the Canada goose, common loon and more recently, the totem pole and inuksuk.⁷⁶ Symbols of the monarchy in Canada continue to be featured in, for example, the Arms of Canada, the armed forces and the prefix Her Majesty's Canadian Ship. The designation 'Royal' remains for institutions as varied as the Royal Canadian Mounted Police and the Royal Winnipeg Ballet. During unification of the forces in the 1960s, a renaming of the branches took place, resulting in the abandonment of "royal designations" of the navy and air force.⁷⁷ On August 16, 2011, the Government of Canada announced that the name "Air Command" was re-assuming the air force's original historic name, Royal Canadian Air Force; "Land Command" was re-assuming the name Canadian Army; and "Maritime Command" was re-assuming the name Royal Canadian Navy.⁷⁸ These name changes were made to better reflect Canada's military heritage and align Canada with other key Commonwealth of Nations whose militaries use the royal designation.⁷⁸ Humour Main article: Canadian humour Canadian humour is an integral part of the Canadian Identity. There are several traditions in Canadian humour in both English and French.⁷⁹ ⁸⁰ While these traditions are distinct and at times very different, there are common themes that relate to Canadians' shared history and geopolitical situation in the Western Hemisphere and the world. Various trends can be noted in Canadian comedy. One trend is the portrayal of a "typical" Canadian family in an ongoing radio or television series.⁸¹ Other trends include outright absurdity,⁸² and political and cultural satire.⁸³ Irony, parody, satire, and self-deprecation are arguably the primary characteristics of Canadian humour.⁸⁴ ⁸⁵ ⁸⁶ The beginnings of Canadian radio comedy date to the late 1930s with the debut of The Happy Gang, a long-running weekly variety show that was regularly sprinkled with corny jokes in between tunes.⁸⁷ Canadian television comedy begins with Wayne and Shuster, a sketch comedy duo who performed as a comedy team during the Second World War, and moved their act to radio in 1946 before moving on to television.⁸⁸ Second City Television, otherwise known as SCTV, Royal Canadian Air Farce, This Hour Has 22 Minutes, The Kids in the Hall and more recently Trailer Park Boys are regarded as television shows which were very influential on the development of Canadian humour.⁸⁹ Canadian comedians have had great success in the film industry and are amongst the most recognized in the world.⁸⁹ Humber College in Toronto and the École nationale de l'humour in Montreal offer post-secondary programmes in comedy writing and performance.⁹⁰ Montreal is also home to the bilingual (English and French) Just for Laughs festival and to the Just for Laughs Museum, a bilingual, international museum of comedy.⁹¹ Canada has a national television channel, The Comedy Network, devoted to comedy. Many Canadian cities feature comedy clubs and showcases, most notable, The Second City branch in Toronto (originally housed at The Old Fire Hall) and the Yuk Yuk's national chain.⁹² The Canadian Comedy Awards were founded in 1999 by the Canadian Comedy Foundation for Excellence, a not-for-profit organization.⁹³ Arts Visual arts Main article: Canadian art Aboriginal artists were producing art in the territory that is now called Canada for thousands of years prior to the arrival of European settler colonists and the eventual establishment of Canada as a nation state.⁹⁴ Like the peoples that produced them, indigenous art traditions spanned territories that extended across the current national boundaries between Canada and the United States.⁹⁵ The majority of indigenous artworks preserved in museum collections date from the period after European contact and show evidence of the creative adoption and adaptation of European trade goods such as metal and glass beads.⁹⁶ Canadian sculpture has been enriched by the walrus ivory, muskox horn and caribou antler and soapstone carvings by the Inuit artists.⁹⁷ These carvings show objects and activities from the daily life, myths and legends of the Inuit.⁹⁸ Inuit art since the 1950s has been the traditional gift given to foreign dignitaries by the Canadian government.⁹⁹ The works of most early Canadian painters followed European trends.¹⁰⁰ During the mid-19th century, Cornelius Krieghoff, a Dutch-born artist in Quebec, painted scenes of the life of the habitants (French-Canadian farmers). At about the same time, the Canadian artist Paul Kane painted pictures of aboriginal life in western Canada. A group of landscape painters called the Group of Seven developed the first distinctly Canadian style of painting.¹⁰¹ All these artists painted large, brilliantly coloured scenes of the Canadian wilderness. Since the 1930s, Canadian painters have developed a wide range of highly individual styles. Emily Carr became famous for her paintings of totem poles in British Columbia.¹⁰² Other noted painters have included the landscape artist David Milne, the painters Jean-Paul Riopelle, Harold Town and Charles Carson and multi-media artist Michael Snow. The abstract art group Painters Eleven, particularly the artists William Ronald and Jack Bush, also had an important impact on modern art in Canada.¹⁰³ Government support has played a vital role in their development enabling visual exposure through publications and periodicals featuring Canadian art, as has the establishment of numerous art schools and colleges across the country.¹⁰⁴ Literature Main article: Canadian literature Canadian literature is often divided into French- and English-language literatures, which are rooted in the literary traditions of France and Britain, respectively.¹⁰⁵ Canada's early literature, whether written in English or French, often reflects the Canadian perspective on nature, frontier life, and Canada's position in the world, for example the poetry of Bliss Carman or the memoirs of Susanna Moodie and Catherine Parr Traill. These themes, and Canada's literary history, inform the writing of successive generations of Canadian authors, from Leonard Cohen to Margaret Atwood. By the mid-20th century, Canadian writers were exploring national themes for Canadian readers. Authors were trying to find a distinctly Canadian voice, rather than merely emulating British or American writers. Canadian identity is closely tied to its literature. The question of national identity recurs as a theme in much of Canada's literature, from Hugh MacLennan's Two Solitudes (1945) to Alistair MacLeod's No Great Mischief (1999). Canadian literature is often categorized by region or province; by the socio-cultural origins of the author (for example, Acadians, Aboriginal peoples, LGBT, and Irish Canadians); and by literary period, such as "Canadian postmoderns" or "Canadian Poets Between the Wars." Canadian authors have accumulated numerous international awards.¹⁰⁶ In 1992, Michael Ondaatje became the first Canadian to win the Man Booker Prize for The English Patient.¹⁰⁷ Margaret Atwood won the Booker in 2000 for The Blind Assassin¹⁰⁸ and Yann Martel won it in 2002 for the Life of Pi.¹⁰⁹ Carol Shields's The Stone Diaries won the Governor General's Awards in Canada in 1993, the 1995 Pulitzer Prize for Fiction, and the 1994 National Book Critics Circle Award.¹¹⁰ In 2013, Alice Munro was the first Canadian to be awarded the Nobel Prize in Literature for her work as "master of the modern short story".¹¹¹ Munro is also a recipient of the Man Booker International Prize for her lifetime body of work, and three-time winner of Canada's Governor General's Award for fiction.¹¹² Theatre Main article: Theatre of Canada Canada has had a thriving stage theatre scene since the late 1800s.¹¹³ Theatre festivals draw many tourists in the summer months, especially the Stratford Shakespeare Festival in Stratford, Ontario, and the Shaw Festival in Niagara-on-the-Lake, Ontario. The Famous People Players are only one of many touring companies that have also developed an international reputation.¹¹⁴ Canada also hosts one of the largest fringe festival the Edmonton International Fringe Festival.¹¹⁵ Canada's largest cities host a variety of modern and historical venues. The Toronto Theatre District is Canada's largest, as well as being the third largest English-speaking theatre district in the world.¹¹⁶ In addition to original Canadian works, shows from the West End and Broadway frequently tour in Toronto. Toronto's Theatre District includes the venerable Roy Thomson Hall; the Princess of Wales Theatre; the Tim Sims Playhouse; The Second City; the Canon Theatre; the Panasonic Theatre; the Royal Alexandra Theatre; historic Massey Hall; and the city's new opera house, the Sony Centre for the Performing Arts.¹¹⁷ Toronto's Theatre District also includes the Theatre Museum Canada. Montreal's theatre district ("Quartier des Spectacles") is the scene of performances that are mainly French-language, although the city also boasts a lively anglophone theatre scene, such as the Centaur Theatre.¹¹⁸ Large French theatres in the city include Theatre Saint-Denis, Theatre du Nouveau Monde, and EXcentris.¹¹⁹ Vancouver is host to, among others, the Vancouver Fringe Festival, the Arts Club Theatre Company, Carousel Theatre, Bard on the Beach, Theatre Under the Stars and Studio 58.¹²⁰ It also home of Vancouver Theatresports League, the improvisational theatre company, world-known for providing an impetus for the present worldwide interest in theatresports at Expo in 1986. Calgary is home to Theatre Calgary, a mainstream regional theatre; Alberta Theatre Projects, a major centre for new play development in Canada; the Calgary Animated Objects Society; and One Yellow Rabbit, a touring company.¹²¹ There are three major theatre venues in Ottawa; the Ottawa Little Theatre, originally called the Ottawa Drama League at its inception in 1913, is the longest-running community theatre company in Ottawa.¹²² Since 1969, Ottawa has been the home of the National Arts Centre, a major performing-arts venue that houses four stages and is home to the National Arts Centre Orchestra, the Ottawa Symphony Orchestra and Opera Lyra Ottawa.¹²³ Established in 1975, the Great Canadian Theatre Company specializes in the production of Canadian plays at a local level.¹²⁴ Television Main article: Television in Canada Canadian television, especially supported by the Canadian Broadcasting Corporation,¹²⁵ is the home of a variety of locally produced shows. French-language television, like French Canadian film, is buffered from excessive American influence by the fact of language, and likewise supports a host of home-grown productions.¹²⁶ The success of French-language domestic television in Canada often exceeds that of its English-language counterpart. In recent years nationalism has been used to prompt products on television. The I Am Canadian campaign by Molson beer, most notably the commercial featuring Joe Canadian, infused domestically brewed beer and nationalism.¹²⁷ Canada's television industry is in full expansion as a site for Hollywood productions.¹²⁸ Since the 1980s, Canada, and Vancouver in particular, has become known as Hollywood North.¹²⁹ The American TV series Queer as Folk was filmed in Toronto. Canadian producers have been very successful in the field of science fiction since the mid-1990s, with such shows as The X-Files, Stargate SG-1, Highlander: The Series, the new Battlestar Galactica, My Babysitter's A Vampire, Smallville, and The Outer Limits, all filmed in Vancouver.¹³⁰ The CRTC's Canadian content regulations dictate that a certain percentage of a domestic broadcaster's transmission time must include content that is produced by Canadians, or covers Canadian subjects.¹³¹ These regulations also apply to US cable television channels such as MTV and the Discovery Channel, which have local versions of their channels available on Canadian cable networks. Similarly, BBC Canada, while showing primarily BBC shows from the United Kingdom, also carries Canadian output. Film Main articles: Cinema of Canada and Cinema of Quebec A number of Canadian pioneers in early Hollywood significantly contributed to the creation of the motion picture industry in the early days of the 20th century.¹³² Over the years, many Canadians have made enormous contributions to the American entertainment industry, although they are frequently not recognized as Canadians.¹³³ Canada has developed a vigorous film industry that has produced a variety of well-known films, actors, and auteurs.¹³⁴ In fact, this eclipsing may sometimes be creditable for the bizarre and innovative directions of some works,¹³⁴ such as auteurs Atom Egoyan (The Sweet Hereafter, 1997) and David Cronenberg (The Fly, Naked Lunch, A History of Violence). Also, the distinct French-Canadian society permits the work of directors such as Denys Arcand and Denis Villeneuve. At the 76th Academy Awards, Arcand's The Barbarian Invasions became Canada's first film to win the Academy Award for Best Foreign Language Film.¹³⁵ James Cameron is a very successful Canadian filmmaker, having been nominated for and received many Academy Awards.¹³⁶ The National Film Board of Canada is 'a public agency that produces and distributes films and other audiovisual works which reflect Canada to Canadians and the rest of the world'.¹³⁷ Canada has produced many popular documentaries such as The Corporation, Nanook of the North, Final Offer, and Canada: A People's History. The Toronto International Film Festival (TIFF) is considered by many to be one of the most prevalent film festivals for Western cinema. It is the première film festival in North America from which the Oscars race begins.¹³⁸ Music Main article: Music of Canada The music of Canada has reflected the multi-cultural influences that have shaped the country. Aboriginals, the French, and the British have all made contributions to the musical heritage of Canada. The country has produced its own composers, musicians and ensembles since the mid-1600s.¹³⁹ ¹⁴⁰ From the 17th century onward, Canada has developed a music infrastructure that includes church halls; chamber halls; conservatories; academies; performing arts centres; record companys; radio stations, and television music-video channels.¹⁴¹ ¹⁴² The music has subsequently been heavily influenced by American culture because of its proximity and migration between the two countries.¹⁴³ ¹⁴⁴ ¹⁴⁵ Canadian rock has had a considerable impact on the development of modern popular music and the development of the most popular subgenres.¹⁴⁶ Patriotic music in Canada date back over 200 years as a distinct category from British patriotism, preceding the first legal steps to independence by over 50 years. The earliest known song, "The Bold Canadian", was written in 1812.¹⁴⁷ The national anthem of Canada, O Canada adopted in 1980,¹⁴⁸ was originally commissioned by the Lieutenant Governor of Quebec, the Honourable Théodore Robitaille, for the 1880 St. Jean-Baptiste Day ceremony.¹⁴⁹ Calixa Lavallée wrote the music, which was a setting of a patriotic poem composed by the poet and judge Sir Adolphe-Basile Routhier. The text was originally only in French, before it was translated to English in 1906.¹⁵⁰ Music broadcasting in the country is regulated by the Canadian Radio-television and Telecommunications Commission (CRTC). The Canadian Academy of Recording Arts and Sciences presents Canada's music industry awards, the Juno Awards, which were first awarded in a ceremony during the summer of 1970.¹⁵¹ Video games Main article: Video gaming in Canada Canada has one of the largest video-game industries in terms of employment numbers, right behind the USA and Japan,¹⁵² with 16,000 employees, 348 companies, and a direct annual economic impact of nearly $2 billion.¹⁵³ Canada has grown from a minor player in the video-games industry to a major industry player.¹⁵⁴ ¹⁵⁵ In part, this prominence is made possible by a large pool of university-educated talent and a high quality of life, but favourable government policies towards digital media companies also play a role in making Canada an attractive location for game development studios.¹⁵⁶ Media Main article: Media in Canada Canada has a well-developed media sector, but its cultural output—particularly in English films, television shows, and magazines—is often overshadowed by imports from the United States.¹⁵⁷ Television, magazines, and newspapers are primarily for-profit corporations based on advertising, subscription, and other sales-related revenues. Nevertheless, both the television broadcasting and publications sectors require a number of government interventions to remain profitable, ranging from regulation that bars foreign companies in the broadcasting industry to tax laws that limit foreign competition in magazine advertising.¹⁵⁸ The promotion of multicultural media in Canada began in the late 1980s as the multicultural policy was legislated in 1988.¹⁵⁹ In the Multiculturalism Act, the federal government proclaimed the recognition of the diversity of Canadian culture.¹⁵⁹ Thus, multicultural media became an integral part of Canadian media overall. Upon numerous government reports showing lack of minority representation or minority misrepresentation, the Canadian government stressed separate provision be made to allow minorities and ethnicities of Canada to have their own voice in the media.¹⁶⁰ Sport See also: Sports in Canada Sports in Canada consists of a variety of games. Although there are many contests that Canadians value, the most common are Ice hockey, Lacrosse, Canadian football, basketball, soccer, curling, baseball and ringette. All but curling and soccer are considered domestic sports as they were either invented by Canadians or trace their roots to Canada.¹⁶¹ Ice hockey, referred to as simply "hockey", is Canada's most prevalent winter sport, its most popular spectator sport, and its most successful sport in international competition. It is Canada's official national winter sport.¹⁶² Lacrosse, a sport with indigenous origins, is Canada's oldest and official summer sport.¹⁶² Canadian football is Canada's second most popular spectator sport,¹⁶³ and the Canadian Football League's annual championship, the Grey Cup, is the country's largest annual sports event.¹⁶⁴ While other sports have a larger spectator base, association football, known in Canada as soccer in both English and French, has the most registered players of any team sport in Canada, and is the most played sport with all demographics, including ethnic origin, ages and genders.¹⁶⁵ Professional teams exist in many cities in Canada — with a trio of teams in North America's top pro league, Major League Soccer — and international soccer competitions such as the FIFA World Cup, UEFA Euro and the UEFA Champions League attract some of the biggest audiences in Canada.¹⁶⁶ Other popular team sports include curling, street hockey, cricket, rugby league, rugby union, softball and Ultimate frisbee. Popular individual sports include auto racing, boxing, karate, kickboxing, hunting, Sport shooting, fishing, cycling, golf, hiking, horse racing, ice skating, skiing, snowboarding, swimming, triathlon, disc golf, water sports, and several forms of wrestling. As a country with a generally cool climate, Canada has enjoyed greater success at the Winter Olympics than at the Summer Olympics, although significant regional variations in climate allow for a wide variety of both team and individual sports. Great achievements in Canadian sports are recognized by Canada's Sports Hall of Fame,¹⁶⁷ while the Lou Marsh Trophy is awarded annually to Canada's top athlete by a panel of journalists.¹⁶⁸ There are numerous other Sports Halls of Fame in Canada.¹⁶⁷ Cuisine Main article: Canadian cuisine Canadian cuisine varies widely depending on the region. The former Canadian prime minister Joe Clark has been paraphrased to have noted: "Canada has a cuisine of cuisines. Not a stew pot, but a smorgasbord."¹⁶⁹ There are considerable overlaps between Canadian food and the rest of the cuisine in North America, many unique dishes (or versions of certain dishes) are found and available only in the country. Common contenders for the Canadian national food include poutine¹⁷⁰ ¹⁷¹ ¹⁷² and butter tarts.¹⁷³ ¹⁷⁴ Other popular Canadian made foods include the Aboriginal fried bread bannock, French tourtière, Kraft Dinner, ketchup chips, date squares, and the cocktail bloody caesar.¹⁷⁵ Canada is the world's largest producer of maple syrup.¹⁷⁶ The three earliest cuisines of Canada have First Nations, English, and French roots, with the traditional cuisine of English Canada closely related to British and American cuisine, while the traditional cuisine of French Canada has evolved from French cuisine and the winter provisions of fur traders.¹⁷⁷ With subsequent waves of immigration in the 18th and 19th century from Central, Southern, and Eastern Europe, and then from Asia, Africa and Caribbean, the regional cuisines were subsequently augmented.¹⁷⁷ The Jewish immigrants to Canada during the late 1800s also play a significant role to foods in Canada. The Montreal-style bagel and Montreal-style smoked meat are both food items originally developed by Jewish communities living in Montreal.¹⁷⁸ Outside views In 1984, Baron Moran, the British High Commissioner to Canada, described Canadians as "moderate, comfortable...decent and reasonable", but added that, due to the absence of competition, "Anyone who is even moderately good at what they do—in literature, the theater, skiing or whatever—tends to become a national figure. And anyone who stands out at all from the crowd tends to be praised to the skies and given the Order of Canada at once." ¹⁷⁹ In a 2002 interview with the Globe and Mail, Aga Khan, the 49th Imam of the Ismaili Muslims, described Canada as "the most successful pluralist society on the face of our globe",¹⁸⁰ citing it as "a model for the world".¹⁸¹ A 2007 poll ranked Canada as the country with the most positive influence in the world. 28,000 people in 27 countries were asked to rate 12 countries as either having a positive or negative worldwide influence. 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"34 Uniquely Canadian Foods (Other Than Poutine)". Ricotta & Radishes. Retrieved December 1, 2015. [176] "Maple Syrup." Ontario Ministry of Agriculture, Food and Rural Affairs. Accessed July 2011. [177] Linda Civitello (2011). Cuisine and Culture: A History of Food and People. John Wiley & Sons. pp. 401–402. ISBN 978-0-470-40371-6. [178] Gail Simmons (2012). Talking with My Mouth Full: My Life as a Professional Eater. Hyperion. p. 45. ISBN 978-1-4013-0415-7. [179] (Associated Press), "Letters reveal candid views of UK diplomats", WTOP, October 18, 2009. [180] Linda A. White; Richard Simeon (2009). The Comparative Turn in Canadian Political Science. UBC Press. p. 102. ISBN 978-0-7748-1428-7. [181] Stackhouse, John; Martin, Patrick (February 2, 2002), "Canada: 'A model for the world'", The Globe and Mail, Toronto, p. F3, retrieved June 29, 2009, Canada is today the most successful pluralist society on the face of our globe, without any doubt in my mind. . . . That is something unique to Canada. It is an amazing global human asset [182] "Canada – A Good Influence on the World". Canadavisa.com. March 7, 2007. Retrieved June 30, 2010. [183] "Americans and Canadians -The North American Not-so-odd Couple". Pew Research Center. 2004. [184] Mercer Human Res Consulting, Inc. (2009). The Global Manager's Guide to Living and Working Abroad: Western Europe and the Americas: Western Europe and the Americas. ABC-CLIO. p. 67. ISBN 978-0-313-35884-5. [185] "The Myths that Made Canada". SeacoastNH.com. As I Please (column). March 14, 2004. Retrieved June 10, 2011. [186] Mel Atkey (2006). Broadway North: The Dream of a Canadian Musical Theatre. Dundurn. p. 17. ISBN 978-1-4597-2120-3. Further reading Main article: Bibliography of Canada - Bart Beaty; Derek Briton; Gloria Filax (2010). How Canadians Communicate III: Contexts of Canadian Popular Culture. Athabasca University Press. ISBN 978-1-897425-59-6. - David Carment; David Bercuson (2008). The World in Canada: Diaspora, Demography, and Domestic Politics. McGill-Queen's University Press. ISBN 978-0-7735-7455-7. - Dominique Clément (2009). Canada's Rights Revolution: Social Movements and Social Change, 1937–82. UBC Press. ISBN 978-0-7748-5843-4. - David H. Flaherty; Frank E. Manning (1993). Beaver Bites Back?. McGill-Queen's University Press. ISBN 978-0-7735-6429-9. - Anne Howells (2004). Where are the voices coming from?: Canadian culture and the legacies of history. Rodopi. ISBN 978-90-420-1623-1. - Mark Kearney; Randy Ray (2009). The Big Book of Canadian Trivia. Dundurn. ISBN 978-1-77070-614-9. - Kearney, Mark; Ray, Randy (1999). Great Canadian Book of Lists. Dundurn. ISBN 978-0-88882-213-0. - Andrew Podnieks (2006). A Canadian Saturday Night: Hockey and the Culture of a Country. Greystone Books Ltd. ISBN 978-1-926812-05-2. - David Morton Rayside; Clyde Wilcox (2011). Faith, Politics, and Sexual Diversity in Canada and the United States. UBC Press. ISBN 978-0-7748-2009-7. - Nelson Wiseman (2011). In Search of Canadian Political Culture. UBC Press. ISBN 978-0-7748-4061-3. External links - Canadian Heritage - Culture.CA - Canadian cultural portal online - Cultural Information - Canada - Global Affairs Canada Canadians "Canadian" redirects here. For other uses, see Canadian (disambiguation). Canadians (French: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical, or cultural. For most Canadians, several (or all) of these connections exist and are collectively the source of their being Canadian. Canada is a bilingual and multicultural society home to people of many different ethnic, religious and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-aboriginal peoples took place over the course of nearly two centuries and continue today. Elements of Aboriginal, French, British and more recent immigrant customs, languages and religions have combined to form the culture of Canada and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic and economic neighbour, the United States. Canadian independence from the United Kingdom grew gradually over the course of many years since the formation of the Canadian Confederation in 1867. World War I and World War II in particular gave rise to a desire among Canadians to have their country recognized as a fully-fledged sovereign state with a distinct citizenship. Legislative independence was established with the passage of the Statute of Westminster 1931, the Canadian Citizenship Act of 1946 took effect on January 1, 1947, and full sovereignty was achieved with the patriation of the constitution in 1982. Canada's nationality law closely mirrored that of the United Kingdom. Legislation since the mid 20th century represents Canadians' commitment to multilateralism and socioeconomic development. Population See also: Population of Canada As of 2010, Canadians make up 0.5% of the world's total population,⁶ having relied upon immigration for population growth and social development.⁷ Approximately 41% of current Canadians are first- or second-generation immigrants,⁸ and 20 percent of Canadian residents in the 2000s were not born in the country.⁹ Statistics Canada projects that, by 2031, nearly one-half of Canadians above the age of 15 will be foreign-born or have one foreign-born parent.¹⁰ Aboriginal peoples, according to the 2011 Canadian Census, numbered at 1,400,685 or 4.3% of the country's 33,476,688 population.¹¹ Immigration Main article: Immigration to Canada The French originally settled New France, in present-day Quebec and Ontario; and Acadia, in present-day Nova Scotia and New Brunswick, during the early part of the 17th century.¹² ¹³ Approximately 100 Irish-born families would settle the Saint Lawrence Valley by 1700, assimilating into the Canadien population and culture.¹⁴ ¹⁵ During the 18th and 19th century; immigration westward (to the area known as Rupert's Land) was carried out by "Voyageurs"; French settlers working for the North West Company; and by British settlers (English and Scottish) representing the Hudson's Bay Company, coupled with independent entrepreneurial woodsman called "Coureur des bois".¹⁶ This arrival of newcomers led to the creation of the Métis, an ethnic group of mixed European and First Nations parentage.¹⁷ The British conquest of New France was preceded by a small number of Germans and Swedes who settled alongside the Scottish in Port Royal, Nova Scotia,¹⁸ while some Irish immigrated to the Colony of Newfoundland.¹⁹ In the wake of the British Conquest of 1760 and the Expulsion of the Acadians, many families from the British colonies in the New England over into Nova Scotia and other colonies in Canada where the British made farmland available to British settlers on easy terms. More settlers arrived during and after the American Revolutionary War, when approximately 60,000 United Empire Loyalist fled to British North America, a large portion of whom settled in New Brunswick.²⁰ After the War of 1812, British (including British army regulars), Scottish and Irish immigration was encouraged throughout Rupert's Land, Upper Canada and Lower Canada.²¹ Between 1815 and 1850, some 800,000 immigrants came to the colonies of British North America, mainly from the British Isles as part of the great migration of Canada.²² These new arrivals included some Gaelic-speaking Highland Scots displaced by the Highland Clearances to Nova Scotia.²³ The Irish Potato Famine of the 1840s significantly increased the pace of Irish immigration to Prince Edward Island and the Province of Canada, with over 35,000 distressed individuals landing in Toronto in 1847 and 1848.²⁴ ²⁵ Descendants of Francophone and Anglophone northern Europeans who arrived in the 17th, 18th and 19th centuries are often referred to as old stock Canadians. Beginning in the late 1850s, the immigration of Chinese into the Colony of Vancouver Island and Colony of British Columbia peaked with the onset of the Fraser Canyon Gold Rush.²⁶ The Chinese Immigration Act of 1885 eventually placed a head tax on all Chinese immigrants, in hopes of discouraging Chinese immigration after completion of the Canadian Pacific Railway.²⁷ The population of Canada has consistently risen, doubling approximately every 40 years, since the establishment of the Canadian Confederation in 1867.²⁹ From the mid- to late 19th century, Canada had a policy of assisting immigrants from Europe, including an estimated 100,000 unwanted "Home Children" from Britain.³⁰ Block settlement communities were established throughout western Canada between the late 19th and early 20th centuries. Some were planned and others were spontaneously created by the settlers themselves.³¹ Canada was now receiving a large number of European immigrants, predominantly Italians, Germans, Scandinavians, Dutch, Poles, and Ukrainians.³² Legislative restrictions on immigration (such as the Continuous journey regulation and Chinese Immigration Act) that had favoured British and other European immigrants were amended in the 1960s, opening the doors to immigrants from all parts of the world.³³ While the 1950s had still seen high levels of immigration by Europeans, by the 1970s, immigrants were increasingly Chinese, Indian, Vietnamese, Jamaican and Haitian.³⁴ During the late 1960s and early 1970s, Canada received many American Vietnam War draft dissenters.³⁵ Throughout the late 1980s and 1990s, Canada's growing Pacific trade brought with it a large influx of South Asians, who tended to settle in British Columbia.³⁶ Immigrants of all backgrounds tend to settle in the major urban centres.³⁷ ³⁸ The Canadian public as-well as the major political parties support immigration.³⁹ The majority of illegal immigrants come from the southern provinces of the People's Republic of China, with Asia as a whole, Eastern Europe, Caribbean, Africa and the Middle East all contributing to the illegal population.⁴⁰ Estimates of numbers of illegal immigrants range between 35,000 and 120,000.⁴¹ A 2008 report by the Auditor General of Canada Sheila Fraser stated that Canada has lost track of approximately 41,000 illegal immigrants whose visas have expired.⁴² Citizenship and diaspora Main article: Canadian nationality law Canadian citizenship is typically obtained by birth in Canada or by birth or adoption abroad when at least one biological parent or adoptive parent is a Canadian citizen who was born in Canada or naturalized in Canada (and did not receive citizenship by being born outside of Canada to a Canadian citizen).⁴³ It can also be granted to a permanent resident who lives in Canada for three out of four years and meets specific requirements.⁴⁴ Canada established its own nationality law in 1946 with the enactment of the Canadian Citizenship Act which took effect on January 1, 1947.⁴⁵ The Immigration and Refugee Protection Act, was passed by the Parliament of Canada in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating immigration.⁴⁶ Prior to the conferring of legal status on Canadian citizenship, Canada's naturalization laws consisted of a multitude of Acts beginning with the Immigration Act of 1910.⁴⁷ According to Citizenship and Immigration Canada, there are three main classifications for immigrants: Family class (persons closely related to Canadian residents), Economic class (admitted on the basis of a point system that accounts for age, health and labour-market skills required for cost effectively inducting the immigrants into Canada's labour market) and Refugee class (those seeking protection by applying to remain in the country by way of the Canadian immigration and refugee law).⁴⁸ In 2008, there were 65,567 immigrants in the family class, 21,860 refugees, and 149,072 economic immigrants amongst the 247,243 total immigrants to the country.⁸ Canada resettles over one in 10 of the world's refugees⁴⁹ and has one of the highest per-capita immigration rates in the world.⁵⁰ As of a 2010 report by the Asia Pacific Foundation of Canada, there were 2.8 million Canadian citizens abroad.⁵¹ This represents about 8% of the total Canadian population. Of those living abroad, the United States, Hong Kong, the United Kingdom, Taiwan, China, Lebanon, United Arab Emirates and Australia have the largest Canadian diaspora. Canadians in the United States constitute the greatest single expatriate community at over 1 million in 2009, representing 35.8% of all Canadians abroad.⁵² Under current Canadian law, Canada does not restrict dual citizenship but Passport Canada encourages its citizens to travel abroad on their Canadian passport, so they can access Canadian consular services.⁵³ Ethnic ancestry Main article: Ethnic origins of people in Canada Canada has 34 ethnic groups with at least 100,000 members each, of which 11 have over 1 million people and numerous others are represented in smaller amounts.[lower-alpha 1] According to the 2006 census, the largest self-reported ethnic origin is "Canadian" (32%),[lower-alpha 2] followed by English (21%), French (15.8%), Scottish (15.1%), Irish (13.9%), German (10.2%), Italian (4.6%), Chinese (4.3%), North American Indian (4.0%),[lower-alpha 3] Ukrainian (3.9%), and Dutch (Netherlands) (3.3%).⁵⁴ In the 2006 census, over five million Canadians identified themselves as a member of a visible minority. Together, they make up 16.2% of the total population: most numerous among these are South Asian (4.0%), Black (2.5%), and Filipino (1.1%).⁵⁴ Aboriginal peoples are not considered a visible minority under the Employment Equity Act,⁵⁵ and this is the definition that Statistics Canada also uses. For a complete list see: Canadian ethnic groups Culture Main article: Culture of Canada Canada's culture is a product of its ethnicities, languages, religions, political and legal system(s). Canada has been shaped by waves of migration that have combined to form a unique blend of art, cuisine, literature, humour and music.⁵⁶ Today, Canada has a diverse makeup of nationalities and constitutional protection for policies that promote multiculturalism rather than cultural assimilation.⁵⁷ In Quebec, cultural identity is strong, and many French-speaking commentators speak of a Quebec culture distinct from English Canadian culture.⁵⁸ However, as a whole, Canada is a cultural mosaic: a collection of several regional, aboriginal, and ethnic subcultures.⁵⁹ ⁶⁰ Canadian government policies such as official bilingualism; publicly funded health care; higher and more progressive taxation; outlawing capital punishment; strong efforts to eliminate poverty; strict gun control; leniency in regard to drug use, and, most recently, legalizing same-sex marriage are social indicators of Canada's political and cultural values.⁶¹ ⁶² American media and entertainment are popular, if not dominant, in English Canada; conversely, many Canadian cultural products and entertainers are successful in the United States and worldwide.⁶³ The Government of Canada has also influenced culture with programs, laws and institutions. It has created Crown corporations to promote Canadian culture through media and has also tried to protect Canadian culture by setting legal minimums on Canadian content.⁶⁴ Canadian culture has historically been influenced by Aboriginal, French and British cultures and traditions. Most of Canada's territory was inhabited and developed later than other European colonies in the Americas, with the result that themes and symbols of pioneers, trappers, and traders were important in the early development of the Canadian identity.⁶⁵ First Nations played a critical part in the development of European colonies in Canada, particularly for their role in assisting exploration of the continent during the North American fur trade.⁶⁶ The British conquest of New France in the mid-1700s brought a large Francophone population under British Imperial rule, creating a need for compromise and accommodation.⁶⁷ The new British rulers left alone much of the religious, political, and social culture of the French-speaking habitants, guaranteeing through the Quebec Act of 1774 the right of the Canadiens to practise the Catholic faith and to use French civil law (now Quebec law).⁶⁸ The Constitution Act of 1867 was designed to meet the growing calls of Canadians for autonomy from British rule, while avoiding the overly strong decentralization that contributed to the Civil War in the United States.⁶⁹ The compromises made by the Fathers of Confederation set Canadians on a path to bilingualism, and this in turn contributed to an acceptance of diversity.⁷⁰ ⁷¹ The Canadian Forces and overall civilian participation in the First World War and Second World War helped to foster Canadian nationalism,⁷² ⁷³ however in 1917 and 1944 conscription crisis' highlighted the considerable rift along ethnic lines between Anglophones and Francophones.⁷⁴ As a result of the First and Second World Wars, the Government of Canada became more assertive and less deferential to British authority.⁷⁵ With the gradual loosening of political ties to the United Kingdom and the modernization of Canadian immigration policies, 20th-century immigrants with African, Caribbean and Asian nationalities have added to the Canadian identity and its culture.⁷⁶ The multiple-origins immigration pattern continues today with the arrival of large numbers of immigrants from non-British or non-French backgrounds.⁷⁷ Multiculturalism in Canada was adopted as the official policy of the government during the premiership of Pierre Elliot Trudeau in the 1970s and 1980s.⁷⁸ The Canadian government has often been described as the instigator of multicultural ideology because of its public emphasis on the social importance of immigration.⁷⁹ Multiculturalism is administered by the Department of Citizenship and Immigration and reflected in the law through the Canadian Multiculturalism Act⁸⁰ and section 27 of the Canadian Charter of Rights and Freedoms.⁸¹ Religion Main article: Religion in Canada Religion in Canada (2011 National Household Survey)⁸² Catholic (38.7%) Other Christian (28.6%) Non-religious (23.9%) Islam (3.2%) Hinduism (1.5%) Sikhism (1.4%) Buddhism (1.1%) Judaism (1.0%) Other religions (0.6%) Canada as a nation is religiously diverse, encompassing a wide range of groups, beliefs and customs.⁸³ The preamble to the Canadian Charter of Rights and Freedoms references "God", and the monarch carries the title of "Defender of the Faith".⁸⁴ However Canada has no official religion, and support for religious pluralism (Freedom of religion in Canada) is an important part of Canada's political culture.⁸⁵ ⁸⁶ With the role of Christianity in decline, having once been central and integral to Canadian culture and daily life;⁸⁷ commentators have suggested that Canada has come to enter a post-Christian period in a secular state,⁸⁸ ⁸⁹ with irreligion in Canada on the rise.⁹⁰ The majority of Canadians consider religion to be unimportant in their daily lives, but still believe in God.⁹¹ > The practice of religion is now generally considered a private matter throughout society and within the state.⁹² The 2011 Canadian census reported that 67.3% of Canadians identify as being Christians; of this number, Catholics make up the largest group, accounting for 38.7 percent of the population.⁸² The largest Protestant denomination is the United Church of Canada (accounting for 6.1% of Canadians); followed by Anglicans (5.0%), and Baptists (1.9%).⁸² About 23.9% of Canadians declare no religious affiliation, including agnostics, atheists, humanists, and other groups.⁸² The remaining are affiliated with non-Christian religions, the largest of which is Islam (3.2%), followed by Hinduism (1.5%), Sikhism (1.4%), Buddhism (1.1%), and Judaism (1.0%).⁸² Before the arrival of European colonists and explorers, First Nations followed a wide array of mostly animistic religions.⁹³ During the colonial period, the French settled along the shores of the Saint Lawrence River, specifically Latin Rite Roman Catholics, including a number of Jesuits dedicated to converting Aboriginals; an effort that eventually proved successful.⁹⁴ The first large Protestant communities were formed in the Maritimes after the British conquest of New France, followed by American Protestant settlers displaced by the American Revolution.⁹⁵ The late nineteenth century saw the beginning of a substantive shift in Canadian immigration patterns. Large numbers of Irish and Southern Europeans immigrants were creating new Roman Catholic communities in English Canada.¹⁹ The settlement of the west brought significant Eastern Orthodox immigrants from Eastern Europe and Mormon and Pentecostal immigrants from the United States.⁹⁶ The earliest documentation of Jewish presence in Canada occurs in the 1754 British Army records from the French and Indian War.⁹⁷ In 1760, General Jeffrey Amherst, 1st Baron Amherst attacked and won Montreal for the British. In his regiment there were several Jews, including four among his officer corps, most notably Lieutenant Aaron Hart who is considered the father of Canadian Jewry.⁹⁷ The Islamic, Jains, Sikh, Hindu and Buddhist communities, although small, are as old as the nation itself. The 1871 Canadian Census (first "Canadian" national census) indicated thirteen Muslims among the populace,⁹⁸ with approximately 5000 Sikh by 1908.⁹⁹ The first Canadian mosque was constructed in Edmonton, in 1938, when there were approximately 700 Muslims in Canada.¹⁰⁰ Buddhism first arrived in Canada when Japanese immigrated during the late 19th century.¹⁰¹ The first Japanese Buddhist temple in Canada was built in Vancouver in 1905.¹⁰² The influx of immigrants in the late 20th century, with Sri Lankan, Japanese, Indian and Southeast Asian customs, has contributed to the recent expansion of the Jain, Sikh, Hindu and Buddhist communities.¹⁰³ Languages Main article: Languages of Canada A multitude of languages are used by 35 million Canadians, with English and French (the official languages) being the mother tongues of approximately 60% and 20% of Canadians respectively.¹⁰⁴ In 2011, nearly 6.8 million Canadians listed a non-official language as their mother tongue.¹⁰⁵ Some of the most common non-official first languages include Chinese (mainly Cantonese; 1,072,555 first-language speakers), Punjabi (430,705), Spanish (410,670), German (409,200), and Italian (407,490).¹⁰⁶ Less than one percent of Canadians (just over 250,000 individuals) can speak an aboriginal language. About half this number (129,865) reported using an aboriginal language on a daily basis.¹⁰⁷ Additionally, Canadians speak several sign languages; it is unknown the number of speakers of the most spoken languages, ASL and LSQ,¹⁰⁸ nor of Maritime Sign Language or of Plains Sign Talk.¹⁰⁹ There are only 47 speakers of the Inuit language Inuiuuk.¹¹⁰ English and French are recognized by the Constitution of Canada as official languages.¹¹¹ Thus all federal government laws are enacted in both English and French with government services available in both languages.¹¹¹ Two of Canada's territories give official status to indigenous languages. In Nunavut, Inuktitut and Inuinnaqtun are official languages alongside the national languages of English and French, and Inuktitut is a common vehicular language in territorial government.¹¹² In the Northwest Territories, the Official Languages Act declares that there are eleven different languages: Chipewyan, Cree, English, French, Gwich'in, Inuinnaqtun, Inuktitut, Inuvialuktun, North Slavey, South Slavey and Tłįchǫ.¹¹³ Multicultural media are widely accessible across the county and offer specialty television channels, newspapers and other publications in many minority languages.¹¹⁴ In Canada, as elsewhere in the world of European colonies, the frontier of European exploration and settlement tended to be a linguistically diverse and fluid place, as cultures using different languages met and interacted. The need for a common means of communication between the indigenous inhabitants and new arrivals for the purposes of trade, and (in some cases) intermarriage, led to the development of Mixed languages.¹¹⁵ Languages like Michif, Chinook Jargon and Bungi creole tended to be highly localized and were often spoken by only a small number of individuals who were frequently capable of speaking another language.¹¹⁶ Reaching across Canada, the United States and into Mexico existed Plains Sign Talk which functioned originally as a trade language used to communicate internationally and across linguistic borders.¹¹⁷ See also - Canuck - Demographics of Canada - List of Canadians - Persons of National Historic Significance - List of Prime Ministers of Canada - Canada – Wikipedia book Notes [1] Data for ethnic origin were collected by self-declaration, so labels may not necessarily describe the true (genetic) ancestry of respondents. Many respondents also acknowledged multiple ancestries, thus the data reflect both single and multiple responses and may exceed the total population count. Source: "Ethnocultural Portrait of Canada - Data table". Statistics Canada. Retrieved January 16, 2011. Additional data: "2006 Census release topics". Statistics Canada. Retrieved January 16, 2011. [2] All citizens of Canada are classified as "Canadians" as defined by Canada's nationality laws. However since 1996, "Canadian" as an ethnic group has been added to census questionnaires for possible ancestry. "Canadian" was included as an example on the English questionnaire and "Canadien" as an example on the French questionnaire. "The majority of respondents to this selection are from the eastern part of the country that was first settled. Respondents generally are visibly European (Anglophones and Francophones), however no-longer self identify with their ethnic ancestral origins. This response is attributed to a multitude and/or generational distance from ancestral lineage. Source 1: Jack Jedwab (April 2008). "Our 'Cense' of Self: the 2006 Census saw 1.6 million 'Canadian'" (PDF). Association for Canadian Studies. Retrieved March 7, 2011. Source 2: Don Kerr (2007). The Changing Face of Canada: Essential Readings in Population. Canadian Scholars' Press. pp. 313–317. ISBN 978-1-55130-322-2. [3] The category "North American Indian" includes respondents who indicated that their ethnic origins were from a Canadian First Nation, or another non-Canadian North American aboriginal group (excluding Inuit and Métis). Source: "How Statistics Canada Identifies Aboriginal Peoples". Statistics Canada. Retrieved January 16, 2011. References [1] "CANSIM – 051-0005 – Estimates of population, Canada, provinces and territories". Statistics Canada. 2016. Retrieved January 29, 2017. [2] "Canadians Abroad: Canada's Global Asset" (PDF). Asia Pacific Foundation of Canada. 2011. p. 12. Retrieved September 23, 2013. See also Canadian diaspora [3] Canada [4] "Canada may limit services for dual citizens". Gulf News. January 15, 2014. Retrieved July 12, 2015. [5] "Anzahl der Ausländer in Deutschland nach Herkunftsland (Stand: 31. Dezember 2014)". [6] "Environment — Greenhouse Gases (Greenhouse Gas Emissions per Person)". Human Resources and Skills Development Canada. 2010. Retrieved January 19, 2011. [7] Cornelius et al. 2004, p. 100. [8] "Canada – Permanent residents by gender and category, 1984 to 2008". Facts and figures 2008 – Immigration overview: Permanent and temporary residents. Citizenship and Immigration Canada. August 25, 2009. Retrieved December 4, 2009. [9] Bybee & McCrae 2009, p. 92. [10] "Projections of the Diversity of the Canadian Population". Statistics Canada. March 9, 2010. Retrieved March 15, 2010. [11] "Aboriginal Peoples in Canada: First Nations People, Métis and Inuit". Statistics Canada. 2012. [12] Hudson 2002, p. 15. [13] Griffiths 2005, p. 4. [14] McGowan 1999. [15] Magocsi 1999, pp. 736ff. [16] Standford 2000, p. 42. [17] Borrows 2010, p. 134. [18] Cameron 2004, p. 5. [19] Powell 2005, pp. 152, 154. [20] Murrin et al. 2007, p. 172. [21] Feltes 1999, p. 19. [22] Harland-Jacobs 2007, p. 177. [23] Campey 2008, p. 122. [24] McGowan 2009, p. 97. [25] Elliott 2004, p. 106. [26] Hall & Hwang 2001, p. 9. [27] Huang 2006, p. 107. [28] "Citizenship and Immigration Canada, Facts and Figures". Citizenship and Immigration Canada. 2014. [29] "Canadians in Context — Population Size and Growth". Human Resources and Skills Development Canada. 2010. Retrieved December 17, 2010. [30] Hobbs, MacKechnie & Lavalett 1999, p. 33. [31] Martens 2004, p. 28. [32] Day 2000, p. 124. [33] Ksenych & Liu 2001, p. 407. [34] "Immigration Policy in the 1970s". Canadian Heritage (Multicultural Canada). 2004. Retrieved April 12, 2010. [35] Kusch 2001, p. 2. [36] Agnew 2007, p. 182. [37] Wilkinson 1980, p. 200. [38] Good 2009, p. 13. [39] Hollifield, Martin & Orrenius 2014, p. 11. [40] Schneider 2009, p. 367. [41] "Canadians want illegal immigrants deported: poll". Ottawa Citizen. CanWest MediaWorks Publications Inc. October 20, 2007. Retrieved October 18, 2010. [42] Chase, Curry & Galloway 2008. [43] "Am I Canadian?". Government of Canada Canada. 2014. Retrieved July 1, 2014. [44] "Citizenship Act (R.S., 1985, c. C-29)". Department of Justice Canada. 2010. Retrieved July 11, 2010. [45] "Canadian Citizenship Act and current issues -BP-445E". Government of Canada - Law and Government Division. 2002. Retrieved July 11, 2010. [46] Sinha, Jay; Young, Margaret (January 31, 2002). "Bill C-11 : Immigration and Refugee Protection Act". Law and Government Division, Government of Canada. Retrieved December 12, 2009. [47] Bloemraad 2006, p. 269. [48] "Canadian immigration". Canada Immigration Visa. 2009. Retrieved December 12, 2010. [49] "Canada's Generous Program for Refugee Resettlement Is Undermined by Human Smugglers Who Abuse Canada's Immigration System". Public Safety Canada. Retrieved December 12, 2010. [50] Zimmerman 2008, p. 51. [51] DeVoretz 2011. [52] "United States Total Canadian Population: Fact Sheet" (PDF). Asia Pacific Foundation of Canada. 2010. Retrieved July 12, 2010. [53] Gray 2010, p. 302. [54] "2006 Census: Ethnic origin, visible minorities, place of work and mode of transportation". The Daily. Statistics Canada. April 2, 2008. Archived from the original on August 23, 2008. Retrieved October 7, 2008. [55] "Classification of visible minority". Statistics Canada. Government of Canada. July 25, 2008. Retrieved September 18, 2009. [56] Kalman 2009, pp. 4–7. [57] DeRocco & Chabot 2008, p. 13. [58] Franklin & Baun 1995, p. 61. [59] English 2004, p. 111. [60] Burgess 2005, p. 31. [61] Bricker & Wright 2005, p. 16. [62] Nanos Research, (October 2016). "Exploring Canadian values" (PDF). 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ISBN 978-0-8020-4486-0. - Findling, John E.; Thackeray, Frank W., eds. (2010). What Happened? An Encyclopedia of Events That Changed America Forever. ABC-CLIO. ISBN 978-1-59884-621-8. - Franklin, Daniel; Baun, Michael J. (1995). Political Culture and Constitutionalism: A Comparative Approach. Routledge. ISBN 978-1-56324-416-2. - Good, Kristin R. (2009). Municipalities and Multiculturalism: The Politics of Immigration in Toronto and Vancouver. Toronto UP. ISBN 978-1-4426-0993-8. - Gordon, Raymond G., ed. (2005). Ethnologue: Languages of the world (15 ed.). SIL International. ISBN 978-1-55671-159-6. - Gray, Douglas (2010). The Canadian Snowbird Guide: Everything You Need to Know about Living Part-Time in the USA and Mexico. Wiley. ISBN 978-0-470-73942-6. - Gregory, Derek; Johnston, Ron; Pratt, Geraldine; Watts, Michael; Whatmore, Sarah, eds. (2009). The Dictionary of Human Geography (5th ed.). Wiley–Blackwell. ISBN 978-1-4051-3288-6. - Griffiths, N. E. S. (2005). From Migrant to Acadian: A North American Border People, 1604–1755. MQUP. ISBN 978-0-7735-2699-0. - Grimes, Barbara F.; Grimes, Joseph Evans, eds. (2000). Ethnologue: Languages of the world (14 ed.). SIL International. ISBN 978-1-55671-103-9. - Ha, Louisa S.; Ganahl, Richard J. (2006). Webcasting Worldwide: Business Models of an Emerging Global Medium. Routledge. ISBN 978-0-8058-5915-7. - Hales, Dianne R.; Lauzon, Lara (2009). An Invitation to Health. Cengage Learning. ISBN 978-0-17-650009-2. - Hall, Patricia Wong; Hwang, Victor M., eds. (2001). Anti-Asian Violence in North America: Asian American and Asian Canadian Reflections on Hate, Healing, and Resistance. Rowman & Littlefield. ISBN 978-0-7425-0459-2. - Harland-Jacobs, Jessica L. (2007). Builders of Empire: Freemasonry and British Imperialism, 1717–1927. NCUP. ISBN 978-0-8078-3088-8. - Haskell, David M. (2009). Through a Lens Darkly: How the News Media Perceive and Portray Evangelicals. Clements Academic. ISBN 978-1-894667-92-0. - Hobbs, Sandy; MacKechnie, Jim; Lavalette, Michael (1999). Child Labour: A World History Companion. ABC-CLIO. ISBN 978-0-87436-956-4. - Hollifield, James; Martin, Philip; Orrenius, Pia, eds. (2014). Controlling Immigration: A Global Perspective (third ed.). Stanford UP. ISBN 978-0-8047-8627-0. - Huang, Annian (2006). The Silent Spikes - Chinese Laborers and the Construction of North American Railroads. Translated by Juguo Zhang. China Intercontinental Press | 中信出版社. ISBN 978-7-5085-0988-4. - Hudson, John C. (2002). Across This Land: A Regional Geography of the United States and Canada. JHUP. ISBN 978-0-8018-6567-1. - Kalman, Bobbie (2009). Canada: The culture. Crabtree. ISBN 978-0-7787-9284-0. - Ksenych, Edward; Liu, David, eds. (2001). Conflict, Order and Action : Readings in Sociology. Canadian Scholars'. ISBN 978-1-55130-192-1. - Kusch, Frank (2001). All American Boys: Draft Dodgers in Canada from the Vietnam War. Greenwood. ISBN 978-0-275-97268-4. - Linteau, Paul-André; Durocher, René; Robert, Jean-Claude (1983). Quebec: A History 1867–1929. Translated by Robert Chodos. Lorimer. ISBN 978-0-88862-604-2. - MacLeod, Roderick; Poutanen, Mary Anne (2004). Meeting of the People: School Boards and Protestant Communities in Quebec, 1801–1998. MQUP. ISBN 978-0-7735-2742-3. - Magocsi, Paul R. (1999). Multicultural History Society of Ontario, ed. Encyclopedia of Canada's Peoples. U Toronto P. ISBN 978-0-8020-2938-6. - Magocsi, Paul R. (2002). Aboriginal Peoples of Canada: A Short Introduction. U Toronto P. ISBN 978-0-8020-8469-9. - Martens, Klaus, ed. (2004). The Canadian Alternative. Volume 28 of Saarbrücker Beiträge zur vergleichenden Literatur- und Kulturwissenschaft (in German). Königshausen & Neumann. ISBN 978-3-8260-2636-2. - Martynowych, Orest T (1991). Ukrainians in Canada: The Formative Period, 1891–1924. CIUS Press, U Alberta. ISBN 978-0-920862-76-6. - McGowan, Mark G. (ed.). "Irish Catholics: Migration, Arrival, and Settlement before the Great Famine". The Encyclopedia of Canada's Peoples. Multicultural Canada. - McGowan, Mark (2009). Death or Canada: the Irish Famine Migration to Toronto 1847. Novalis. ISBN 978-2-89646-129-5. - Melton, J. Gordon; Baumann, Martin, eds. (2010). Religions of the World, Second Edition: A Comprehensive Encyclopedia of Beliefs and Practices. ISBN 978-1-59884-203-6. - Miedema, Gary (2005). For Canada's Sake: Public Religion, Centennial Celebrations, and the Re-making of Canada in the 1960s. MQUP. ISBN 978-0-7735-2877-2. - Murrin, John M.; Johnson, Paul E.; McPherson, James M.; Fahs, Alice; Gerstle, Gary; Rosenberg, Emily S.; Rosenberg, Norman L. (2007). Liberty, Equality, Power, A History of the American People: To 1877 (5th ed.). (Wadsworth) Cengage Learning. ISBN 978-0-495-11606-6. - Naik, C. D. (2003). Thoughts and Philosophy of Doctor B. R. Ambedkar. Sarup. ISBN 978-81-7625-418-2. - Nersessian, Mary (April 9, 2007). "Vimy battle marks birth of Canadian nationalism". CTV Television Network. Archived from the original on September 18, 2016. Retrieved January 16, 2011. - Pfau, Roland; Steinbach, Markus; Woll, Bencie, eds. (2012). Sign Language: An International Handbook. de Gruyter / Mouton. ISBN 978-3-11-026132-5. - Powell, John (2005). Encyclopedia of North American immigration. InfoBase. ISBN 978-0-8160-4658-4. - Prato, Giuliana B., ed. (2009). Beyond multiculturalism: Views from Anthropology. Ashgate. ISBN 978-0-7546-7173-2. - Schneider, Stephen (2009). Iced: The Story of Organized Crime in Canada. Wiley. ISBN 978-0-470-83500-5. - Schuit, Joke; Baker, Anne; Pfau, Roland (2011). "Inuit Sign Language: a contribution to sign language typology" (pdf). Amsterdam Center for Language and Communication Working Papers (ACLC). U Amsterdam. 4 (1): 1–31. - Standford, Frances. Development of Western Canada Gr. 7-8. On The Mark Press. ISBN 978-1-77072-743-4. - Tooker, Elisabeth (1980). Native North American spirituality of the eastern woodlands: sacred myths, dreams, visions, speeches, healing formulas, rituals, and ceremonials. Paulist Press. ISBN 978-0-8091-2256-1. - Vaillancourt, François; Coche, Olivier (2009). Official Language Policies at the Federal Level in Canada: Costs and Benefits in 2006 (PDF). Fraser Institute. - Waugh, Earle Howard; Abu-Laban, Sharon McIrvin; Qureshi, Regula (1991). Muslim families in North America. U Alberta. ISBN 978-0-88864-225-7. - Wayland, Shara V. (1997). "Immigration, Multiculturalism and National Identity in Canada". International Journal on Minority and Group Rights. Dept of Political Science, U Toronto. 5 (1): 33–58. doi:10.1163/15718119720907408. - White, Richard; Findlay, John M., eds. (1999). Power and Place in the North American West. UWP. ISBN 978-0-295-97773-7. - Wilkinson, Paul F. (1980). In celebration of play: an integrated approach to play and child development. Macmillan. ISBN 978-0-312-41078-0. - Winford, Donald (2003). An Introduction to Contact Linguistics. Wiley. ISBN 978-0-631-21250-8. - Wurm, Stephen Adolphe; Muhlhausler, Peter; Tyron, Darrell T., eds. (1996). Atlas of Languages of Intercultural Communication in the Pacific, Asia, and the Americas. de Gruyter / Mouton. ISBN 978-3-11-013417-9. - Yamagishi, N. Rochelle (2010). Japanese Canadian Journey: The Nakagama Story. Trafford Publishing. ISBN 978-1-4269-8148-7. - Zimmerman, Karla (2008). Canada (tenth ed.). Lonely Planet. ISBN 978-1-74104-571-0. Further reading Main article: Bibliography of Canada - Beaty, Bart; Briton, Derek; Filax, Gloria (2010). How Canadians Communicate III: Contexts of Canadian Popular Culture. Athabasca University Press. ISBN 978-1-897425-59-6. - Bumsted, J. M. (2003). Canada's diverse peoples: a reference sourcebook. ABC-CLIO. ISBN 978-1-57607-672-9. - Carment, David; Bercuson, David (2008). The World in Canada: Diaspora, Demography, and Domestic Politics. McGill-Queen's Press - MQUP. ISBN 978-0-7735-7455-7. - Cohen, Andrew (2008). The Unfinished Canadian: The People We Are. McClelland & Stewart. ISBN 978-0-7710-2286-9. - Gillmor, Don; Turgeon, Pierre (2002). CBC, ed. Canada: A People's History. 1. McClelland & Stewart. ISBN 978-0-7710-3324-7. - Gillmor, Don; Turgeon, Pierre; Michaud, Achille (2002). CBC, ed. Canada: A People's History. 2. McClelland & Stewart. ISBN 978-0-7710-3336-0. - Kearney, Mark; Ray, Randy (2009). The Big Book of Canadian Trivia. Dundurn. ISBN 978-1-77070-614-9. - Kelley, Ninette; Trebilcock, M. J. (2010). The Making of the Mosaic: A History of Canadian Immigration Policy. University of Toronto Press. ISBN 978-0-8020-9536-7. - Resnick, Philip (2005). The European Roots Of Canadian Identity. University of Toronto Press. ISBN 978-1-55111-705-8. - Richard, Madeline A. (1992). Ethnic Groups and Marital Choices: Ethnic History and Marital Assimilation in Canada, 1871 and 1971. UBC Press. ISBN 978-0-7748-0431-8. - Simpson, Jeffrey (2000). Star-Spangled Canadians: Canadians Living the American Dream. Harper-Collins. ISBN 978-0-00-255767-2. - Studin, Irvin (2006). What Is a Canadian?: Forty-Three Thought-Provoking Responses. McClelland & Stewart. ISBN 978-0-7710-8321-1. External links - Canada Year Book 2010 - Statistics Canada - Canada: A People's History - Teacher Resources - Canadian Broadcasting Corporation - Persons of National Historic Significance in Canada - Parks Canada - Multicultural Canada - Department of Canadian Heritage - The Canadian Immigrant Experience - Library and Archives Canada - The Dictionary of Canadian Biography – Library and Archives Canada - Canadiana: The National Bibliography of Canada – Library and Archives Canada Multiculturalism in Canada Multiculturalism in Canada is the sense of an equal celebration of racial, religious and cultural backgrounds. The multiculturalism policy was officially adopted by Pierre Trudeau's government during the 1970s and 1980s.¹ The Canadian federal government has been described as the instigator of multiculturalism as an ideology because of its public emphasis on the social importance of immigration.² The 1960s Royal Commission on Bilingualism and Biculturalism is often referred to as the origin of modern political awareness of multiculturalism.³ Canadians have used the term "multiculturalism" both descriptively (as a sociological fact) and prescriptively (as a political ideology).⁴ In the first sense "multiculturalism" is a description of the many different religious traditions and cultural influences that in their unity and coexistence in Canada make up Canadian culture.⁴ The nation consists of people from a multitude of racial, religious and cultural backgrounds and is open to cultural pluralism.⁵ Canada has experienced different waves of immigration since the nineteenth century, and by the 1980s almost 40 percent of the population were of neither British nor French origins (the two largest groups, and among the oldest).⁶ In the past, the relationship between the British and the French has been given a lot of importance in Canada's history. By the early twenty-first century, people from outside British and French heritage composed the majority of the population, with an increasing percentage of individuals who identify themselves as "visible minorities". Multiculturalism is reflected in the law through the Canadian Multiculturalism Act of 1988 and section 27 of the Canadian Charter of Rights and Freedoms and is administered by the Department of Canadian Heritage. The Broadcasting Act of 1991 asserts the Canadian broadcasting system should reflect the diversity of cultures in the country. Despite the official policies, a small segment of the Canadian population are critical of the concept(s) of a cultural mosaic and implementation(s) of multiculturalism legislation.⁷ Quebec's ideology differs from that of the other provinces in that its official policies focus on interculturalism.⁸ Historical context Main article: Human rights in Canada In the 21st century Canada is often characterised as being "very progressive, diverse, and multicultural".⁹ However, Canada until the 1940s saw itself in terms of English and French cultural, linguistic and political identities, and to some extent Aboriginal.¹⁰ European immigrants speaking other languages, such as Canadians of German ethnicity and Ukrainian Canadians, were suspect, especially during the First World War when thousands were put in camps because they were citizens of enemy nations.¹¹ Jewish Canadians were also suspect, especially in Quebec where anti-semitism was a factor and the Catholic Church of Quebec associated Jews with modernism, liberalism, and other unacceptable values.¹² Asians encountered legal obstacles limiting immigration during the 1800s and early 1900s.¹³ ¹⁴ Additional, specific ethnic groups that did immigrate during this time faced barriers within Canada preventing full participation in political and social matters, including equal pay and the right to vote.¹⁵ While black ex-slave refugees from the United States had been tolerated, racial minorities of African or Asian origin were generally believed "beyond the pale" (not acceptable to most people).¹⁶ Although this mood started to shift dramatically during the Second World War,¹⁷ ¹⁸ Japanese Canadians were interned during the overseas conflict and their property confiscated.¹⁹ Prior to the advent of the Canadian Bill of Rights in 1960 and its successor the Canadian Charter of Rights and Freedoms in 1982, the laws of Canada did not provide much in the way of civil rights and it was typically of limited concern to the courts.²⁰ Since the 1960s, Canada has placed emphasis on equality and inclusiveness for all people.²¹ ²² Immigration Main article: Immigration to Canada Immigration has played an integral part in the development of multiculturalism within Canada during the last half of the 20th century.²³ Legislative restrictions on immigration (such as the Continuous journey regulation and Chinese Immigration Act) that had favoured British, American and European immigrants were amended during the 1960s, resulting in an influx of diverse people from Asia, Africa and the Caribbean.²⁴ The number of people who are becoming immigrants is steadily increasing as seen between 2001 and 2006, the number of foreign-born people increased by 13.6%.²⁵ By 2006 Canada had grown to have thirty four ethnic groups with at least one hundred thousand members each, of which eleven have over 1,000,000 people and numerous others are represented in smaller amounts.²⁶ 16.2% of the population identify themselves as a visible minority.²⁶ Canada currently has one of the highest per capita immigration rate in the world, driven by economic policy and family reunification.²⁷ Canada also resettles over one in ten of the world's refugees.²⁸ In 2008, there were 65,567 immigrants in the family class, 21,860 refugees, and 149,072 economic immigrants amongst the 247,243 total immigrants to the country.²⁹ Approximately 41% of Canadians are of either the first or second-generation,²⁹ meaning one out of every five Canadians currently living in Canada was not born in the country.³⁰ The Canadian public as well as the major political parties support immigration.³¹ Political parties are cautious about criticizing the high level of immigration, because, as noted by the Globe and Mail, "in the early 1990s, the Reform Party was branded 'racist' for suggesting that immigration levels be lowered from 250,000 to 150,000."³² ³³ Canada receives its immigrant population from over 200 countries. As indicated below, over 50 percent of new immigrants admitted in 2012 came from 10 source countries. Permanent Residents Admitted in 2012, by Top 10 Source Countries³⁴ Settlement Culturally diverse areas or "ethnic enclaves" are another way in which multiculturalism has manifested. Newcomers have tended to settle in the major urban areas.³⁵ These urban enclaves have served as a home away from home for immigrants to Canada, while providing a unique experience of different cultures for those of long Canadian descent. In Canada, there are several ethnocentric communities with many diverse backgrounds, including Chinese, Italian and Greek.³⁶ Canadian Chinatowns are one of the most prolific type of ethnic enclave found in major cities.³⁶ These areas seemingly recreate an authentic Chinese experience within an urban community. During the first half of the 20th century, Chinatowns were associated with filth, seediness, and the derelict.³⁶ By the late 20th century, Chinatown(s) had become areas worth preserving, a tourist attraction.³⁶ They are now generally valued for their cultural significance and have become a feature of most large Canadian cities.³⁶ Professor John Zucchi of McGill University states:³⁶ Unlike earlier periods when significant ethnic segregation might imply a lack of integration and therefore be viewed as a social problem, nowadays ethnic concentration in residential areas is a sign of vitality and indicates that multiculturalism as a social policy has been successful, that ethnic groups are retaining their identities if they so wish, and old-world cultures are being preserved at the same time that ethnic groups are being integrated. In addition these neighbourhoods, like their cultures, add to the definition of a city and point to the fact that integration is a two-way street." Evolution of federal legislation The Quebec Act, implemented after the British conquest of New France in the mid-1700s brought a large Francophone population under British Imperial rule, creating a need for accommodation.³⁷ A century later the compromises made between the English and French speaking Fathers of Confederation set Canada on a path to bilingualism, and this in turn contributed to biculturalism and the acceptance of diversity.³⁸ Lord Tweedsmuir the 15th Governor General of Canada was an early champion of multiculturalism;³⁹ from his installation speech in 1935 onwards, he maintained in speeches and over the radio recited his ideas that ethnic groups "should retain their individuality and each make its contribution to the national character," and "the strongest nations are those that are made up of different racial elements."⁴⁰ The beginnings of the development of Canada's contemporary policy of multiculturalism can be traced to the Royal Commission on Bilingualism and Biculturalism, which was established on July 19, 1963 by the Liberal government of Prime Minister Lester B. Pearson in response to the grievances of Canada's French-speaking minority.⁹ The report of the Commission advocated that the Canadian government should recognize Canada as a bilingual and bicultural society and adopt policies to preserve this character.⁹ The recommendations of this report elicited a variety of responses. Former Progressive Conservative Prime Minister John Diefenbaker, (who was now Leader of the Official Opposition after his government was succeeded by that of Pearson on April 22, 1963), viewed them as an attack on his "One Canada Policy" that was opposed to extending accommodation to minority groups.⁴¹ The proposals also failed to satisfy those Francophones in the Province of Quebec who gravitated toward Québécois nationalism.⁴² Additionally, Canadians of neither English nor French descent (so-called "Third Force" Canadians) advocated that a policy of "multiculturalism" would better reflect the diverse heritage of Canada's peoples.⁴³ ⁴⁴ Paul Yuzyk, a Progressive Conservative Senator of Ukrainian descent, referred to Canada as "a multicultural nation" in his influential maiden speech in 1964, creating much national debate, and is remembered for his strong advocacy of the implementation of a multiculturalism policy.⁴⁵ On October 8, 1971, the Liberal government of Prime Minister Pierre Elliot Trudeau announced in the House of Commons that, after much deliberation, the policies of bilingualism and multiculturalism would be implemented in Canada.⁴⁶ As Prime Minister, Trudeau espoused participatory democracy as a means of making Canada a "Just Society".⁴⁷ ⁴⁸ When the Canadian constitution was patriated by Prime Minister Trudeau in 1982, one of its constituent documents was the Charter of Rights and Freedoms, and section 27 of the Charter stipulates that the rights laid out in the document are to be interpreted in a manner consistent with the spirit of multiculturalism.⁴⁹ The Canadian Multiculturalism Act was introduced during the Progressive Conservative government of Brian Mulroney, and received Royal Assent on July 21, 1988.⁵⁰ On a practical level, a result of the Multiculturalism Act was that federal funds began to be distributed to ethnic groups to help them preserve their cultures, leading to such projects as the construction of community centres.⁵¹ In June 2000 Prime Minister Jean Chrétien stated:⁵² Canada has become a post-national, multicultural society. It contains the globe within its borders, and Canadians have learned that their two international languages and their diversity are a comparative advantage and a source of continuing creativity and innovation. Canadians are, by virtue of history and necessity, open to the world. With this in mind on November 13, 2002, the Liberal government of Prime Minister Jean Chrétien designated, by Royal Proclamation, June 27 of each year Canadian Multiculturalism Day.⁵³ Charter and Multiculturalism Act Section Twenty-seven of the Charter states that:⁴⁹ This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. The 1988 Canadian Multiculturalism Act affirms the policy of the government to ensure that every Canadian receives equal treatment by the government which respects and celebrates diversity.⁴⁹ The "Act" in general recognizes:⁵⁴ - Canada's multicultural heritage and that that heritage must be protected. - The rights of Aboriginal peoples. - English and French remain the only official languages, however other languages may be used. - Social equality within society and under the law regardless of origins, race or creed. - Minorities' rights to enjoy their cultures. Section 3 (1) of the act states:⁴⁹ It is hereby declared to be the policy of the Government of Canada to (a) recognize and promote the understanding that multiculturalism reflects the cultural and racial diversity of Canadian society and acknowledges the freedom of all members of Canadian society to preserve, enhance and share their cultural heritage (b) to recognize and promote the understanding that multiculturalism is a fundamental characteristic of the Canadian heritage and identity and that it provides an invaluable resource in the shaping of Canada's future Broadcasting Act Main article: Multicultural media in Canada In the Multiculturalism Act, the federal government proclaimed the recognition of the diversity of Canadian culture.⁵⁵ Similarly the Broadcasting Act of 1991 asserts the Canadian broadcasting system should reflect the diversity of cultures in the country.⁵⁶ The CRTC is the governmental body which enforces the Broadcasting Act.⁵⁶ The CRTC revised their Ethnic Broadcasting Policy in 1999 to go into the details on the conditions of the distribution of ethnic and multilingual programming.⁵⁵ One of the conditions that this revision specified was the amount of ethnic programming needed in order to be awarded the ethnic broadcasting license. According to the act, 60% of programming on a channel, whether on the radio or television, has to be considered ethnic in order to be approved for the license under this policy.⁵⁵ Provincial legislation and policies All ten of Canada's provinces have some form of multiculturalism policy.⁵⁷ At present, six of the ten provinces – British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, and Nova Scotia – have enacted multiculturalism legislation. In eight provinces – British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, New Brunswick, Prince Edward Island, and Nova Scotia – a multiculturalism advisory council reports to the minister responsible for multiculturalism. In Alberta, the Alberta Human Rights Commission performs the role of multiculturalism advisory council. In Nova Scotia, the Act is implemented by both a Cabinet committee on multiculturalism and advisory councils. Ontario has an official multicultural policy and the Ministry of Citizenship and Immigration is responsible for promoting social inclusion, civic and community engagement and recognition. The Government of Newfoundland and Labrador launched the province's policy on multiculturalism in 2008 and the Minister of Advanced Education and Skills leads its implementation. While the territorial governments do not have multiculturalism policies per se, they have human rights acts that prohibit discrimination based on, among other things, race, colour, ancestry, ethnic origin, place of origin, creed or religion. In Whitehorse, the Multicultural Centre of the Yukon provides services to immigrants.⁵⁷ British Columbia British Columbia legislated the Multiculturalism Act in 1993.⁵⁷ The purposes of this act (s. 2) are:⁵⁸ - to recognize that the diversity of British Columbians as regards race, cultural heritage, religion, ethnicity, ancestry and place of origin is a fundamental characteristic of the society of British Columbia that enriches the lives of all British Columbians; - to encourage respect for the multicultural heritage of British Columbia; - to promote racial harmony, cross cultural understanding and respect and the development of a community that is united and at peace with itself; - to foster the creation of a society in British Columbia in which there are no impediments to the full and free participation of all British Columbians in the economic, social, cultural and political life of British Columbia. Alberta Alberta primarily legislated the Alberta Cultural Heritage Act in 1984 and refined it with the Alberta Multiculturalism Act in 1990.⁵⁷ The current legislation pertaining to multiculturalism is The Human Rights, Citizenship and Multiculturalism Act that passed in 1996.⁵⁷ This current legislation deals with discrimination in race, religious beliefs, colour, gender, physical disability, age, marital status and sexual orientation, among other things.⁵⁹ Alberta Human Rights chapter A‑25.5 states:⁶⁰ - multiculturalism describes the diverse racial and cultural composition of Alberta society and its importance is recognized in Alberta as a fundamental principle and a matter of public policy; - it is recognized in Alberta as a fundamental principle and as a matter of public policy that all Albertans should share in an awareness and appreciation of the diverse racial and cultural composition of society and that the richness of life in Alberta is enhanced by sharing that diversity; and - it is fitting that these principles be affirmed by the Legislature of Alberta in an enactment whereby those equality rights and that diversity may be protected. Saskatchewan Saskatchewan was the first Canadian province to adopt legislation on multiculturalism.⁵⁷ This piece of legislation was called The Saskatchewan Multiculturalism Act of 1974, but has since been replaced by new, revised Multiculturalism Act (1997).⁵⁷ The purposes of this act (s. 3) are similar to those of British Columbia:⁶¹ - to recognize that the diversity of Saskatchewan people with respect to race, cultural heritage, religion, ethnicity, ancestry and place of origin is a fundamental characteristic of Saskatchewan society that enriches the lives of all Saskatchewan people; - to encourage respect for the multicultural heritage of Saskatchewan; - to foster a climate for harmonious relations among people of diverse cultural and ethnic backgrounds without sacrificing their distinctive cultural and ethnic identities; - to encourage the continuation of a multicultural society. Manitoba Manitoba's first piece of legislation on multiculturalism was the Manitoba Intercultural Council Act in 1984.⁵⁷ However, in the summer on 1992, the province developed a new provincial legislation called the Multiculturalism Act.⁵⁷ The purposes of this act (s. 2) are to:⁶² - recognize and promote understanding that the cultural diversity of Manitoba is a strength of and a source of pride to Manitobans; - recognize and promote the right of all Manitobans, regardless of culture, religion or racial background, to: (i) equal access to opportunities, (ii) participate in all aspects of society, and (iii) respect for their cultural values; and - enhance the opportunities of Manitoba's multicultural society by acting in partnership with all cultural communities and by encouraging cooperation and partnerships between cultural communities Ontario Ontario had a policy in place in 1977 that promoted cultural activity, but formal legislation for a Ministry of Citizenship and Culture (now known as Ministry of Citizenship and Immigration) only came to fruition in 1982.⁵⁷ The Ministry of Citizenship and Culture Act (1990) (s. 4) states its purpose:⁶³ - to encourage full, equal and responsible citizenship among the residents of Ontario; - recognizing the pluralistic nature of Ontario society, to stress the full participation of all Ontarians as equal members of the community, encouraging the sharing of cultural heritage while affirming those elements held in common by all residents; - to ensure the creative and participatory nature of cultural life in Ontario by assisting in the stimulation of cultural expression and cultural preservation; - to foster the development of individual and community excellence, enabling Ontarians to better define the richness of their diversity and the shared vision of their community. Quebec Further information: Quebec Charter of Human Rights and Freedoms Quebec differs from the rest of the nine provinces in that its policy focuses on "interculturalism"- rather than multiculturalism,⁶⁴ ⁶⁵ ⁶⁶ where diversity is strongly encouraged,⁶⁷ but only under the notion that it is within the framework that establishes French as the public language.⁶⁸ Immigrant children must attend French language schools; most signage in English is banned.⁵⁷ In 1990, Quebec released a White paper called Lets Build Quebec Together: A Policy Statement on Integration and Immigration which reinforced three main points:⁶⁹ - Quebec is a French-speaking society - Quebec is a democratic society in which everyone is expected to contribute to public life - Quebec is a pluralistic society that respects the diversity of various cultures from within a democratic framework In 2005, Quebec passed legislation to develop the Ministry of Immigration and Cultural Communities, their functions were:⁵⁷ - to support cultural communities in order to facilitate their full participation in Quebec society - to foster openness to pluralism; and - to foster closer intercultural relations among the people of Quebec. New Brunswick New Brunswick first introduced their multicultural legislation in 1986.⁵⁷ The policy is guided by four principles: equality, appreciation, preservation of cultural heritages and participation.⁷⁰ In the 1980s the provincial government developed a Ministerial Advisory Committee to provide assistance to the minister of Business in New Brunswick, who is in turn responsible for settlement and multicultural communities.⁵⁷ Nova Scotia Nova Scotia introduced their multicultural legislation, the Act to Promote and Preserve Multiculturalism, in 1989.⁵⁷ The purpose of this Act is (s. 3):⁷¹ - encouraging recognition and acceptance of multiculturalism as an inherent feature of a pluralistic society; - establishing a climate for harmonious relations among people of diverse cultural and ethnic backgrounds without sacrificing their distinctive cultural and ethnic identities; - encouraging the continuation of a multicultural society as a mosaic of different ethnic groups and cultures Prince Edward Island Prince Edward Island introduced their legislation on multiculturalism, the Provincial Multicultural Policy, in 1988.⁵⁷ This policies objectives were (s. 4):⁷² - serve to indicate that the province embraces the multicultural reality of Canadian society and acknowledges that Prince Edward Island has a distinctive multicultural heritage - acknowledge the intrinsic worth and continuing contribution of al Prince Edward Islanders regardless of race, religion ethnicity, linguistic origin or length of residency. - serve as an affirmation of Human Rights for all Prince Edward Islanders and as a complement to the equality of rights guaranteed in the P.E.I. Human Rights Act and the Canadian Charter of Rights and Freedoms. - encourage specific legislative, political and social commitments to multiculturalism in Prince Edward Island Newfoundland and Labrador Newfoundland and Labrador first legislated their Policy on Multiculturalism in 2008.⁵⁷ Some of the policies are to:⁷³ - ensure that relevant policies and procedures of provincial programs and practices reflect, and consider the changing needs of all cultural groups; - lead in developing, sustaining and enhancing programs and services based on equality for all, notwithstanding racial, religious, ethnic, national and social origin; - provide government workplaces that are free of discrimination and that promote equality of opportunity for all persons accessing employment positions within the Government of Newfoundland and Labrador; - support multicultural initiatives by enhancing partnerships with culturally-diverse communities and provincial departments and agencies Domestic support and global influence Further information: Canadian values Canadian multiculturalism is looked upon with admiration outside the country, resulting in the Canadian public dismissing most critics of the concept.⁷⁴ ⁷⁵ Multiculturalism is often cited as one of Canada's significant accomplishments and a key distinguishing element of Canadian identity.⁷⁶ Multiculturalism has been emphasized in recent decades. Emma Ambrose and Cas Mudde examining surveys of Western nations report: Data confirm that Canada has fostered a much more accepting society for immigrants and their culture than other Western countries. For example, Canadians are the most likely to agree with the statement that immigrants make their country a better place to live and that immigrants are good for the economy. They are also the least likely to say that there are too many immigrants in their country, that immigration has placed too much pressure on public services, and that immigrants have made it more difficult for natives to find a job.⁷⁷ Ambrose and Mudde conclude that: "Canada's unique multiculturalism policy... is based on a combination of selective immigration, comprehensive integration, and strong state repression of dissent on these policies".⁷⁷ This unique blend of policies has led to a relatively low level of opposition to multiculturalism.⁷⁷ ⁷⁸ Canadian supporters of multiculturalism promote the idea because they believe that immigrants help society grow culturally, economically and politically.⁷⁹ Supporters declare that multiculturalism policies help in bringing together immigrants and minorities in the country and pushes them towards being part of the Canadian society as a whole.⁷⁹ ⁸⁰ Supporters also argue that cultural appreciation of ethnic and religious diversity promotes a greater willingness to tolerate political differences.⁷⁶ Journalist and author Richard Gwyn has suggested that "tolerance" has replaced "loyalty" as the touchstone of Canadian identity.⁷⁶ A 2008 survey of 600 immigrants showed that 81% agreed with the statement; "The rest of the world could learn from Canada's multicultural policy".⁸¹ The Economist ran a cover story in 2016 praising Canada as the most successful multicultural society in the West.⁸² The Economist argued that Canada's multiculturalism was a source of strength that united the diverse population and by attracting immigrants from around the world was also an engine of economic growth as well.⁸³ In a 2002 interview with the Globe and Mail, Aga Khan the 49th Imam of the Ismaili Muslims described Canada as:⁷⁴ ⁸⁴ the most successful pluralist society on the face of our globe, without any doubt in my mind.... That is something unique to Canada. It is an amazing global human asset. Aga Khan explained that the experience of Canadian governance – its commitment to pluralism and its support for the rich multicultural diversity of its peoples – is something that must be shared and would be of benefit to societies in other parts of the world.⁸⁵ ⁸⁶ With this in mind, in 2006 the Global Centre for Pluralism was established in partnership with the Government of Canada.⁸⁷ The Centre seeks to export the Canadian experience by promoting pluralist values and practices in culturally diverse societies worldwide.⁸⁶ Criticisms Further information: Criticism of multiculturalism Critics of multiculturalism in Canada often debate whether the multicultural ideal of benignly co-existing cultures that interrelate and influence one another, and yet remain distinct, is sustainable, paradoxical or even desirable.⁸⁸ ⁸⁹ ⁹⁰ In the introduction to an article which presents research showing that "the multiculturalism policy plays a positive role" in "the process of immigrant and minority integration," Citizenship and immigration Canada sums up the critics' position by stating:⁹¹ Critics argue that multiculturalism promotes ghettoization and balkanization, encouraging members of ethnic groups to look inward, and emphasizing the differences between groups rather than their shared rights or identities as Canadian citizens. Canadian Neil Bissoondath in his book Selling Illusions: The Cult of Multiculturalism in Canada, argues that official multiculturalism limits the freedom of minority members, by confining them to cultural and geographic ethnic enclaves ("social ghettos").⁹² He also argues that cultures are very complex, and must be transmitted through close family and kin relations.⁹³ To him, the government view of cultures as being about festivals and cuisine is a crude oversimplification that leads to easy stereotyping.⁹³ According to a study conducted by The University of Victoria, many Canadians do not feel a strong sense of belonging to Canada, or cannot integrate themselves into society as a result of ethnic enclaves.⁹⁴ Many immigrants to Canada choose to live in ethnic enclaves because it can be much easier than fitting in with mainstream Canadian culture.⁹⁴ Canadian Daniel Stoffman's book Who Gets In questions the policy of Canadian multiculturalism. Stoffman points out that many cultural practices (outlawed in Canada), such as allowing dog meat to be served in restaurants and street cockfighting, are simply incompatible with Canadian and Western culture.⁹⁵ He also raises concern about the number of recent older immigrants who are not being linguistically integrated into Canada (i.e., not learning either English or French).⁹⁵ He stresses that multiculturalism works better in theory than in practice and Canadians need to be far more assertive about valuing the "national identity of English-speaking Canada".⁹⁵ Professor Joseph Garcea, the Department Head of Political Studies at the University of Saskatchewan, explores the validity of attacks on multiculturalism because it supposedly segregates the peoples of Canada. He argues that multiculturalism hurts the Canadian, Québécois, and Aboriginal culture, identity, and nationalism projects. Furthermore, he argues, it perpetuates conflicts between and within groups.⁹⁶ Oxford sociologist, Reza Hasmath, argues that the multicultural project in Canada has the potential to hinder substantive equality in the labour market for ethnic minorities.⁹⁷ Ricardo Duchesne, Professor at The University of New Brunswick, has argued that multiculturalism, as it is understood in Canada, encourages visible minorities to affirm their ethnic identities, while at the same time demonizing as "racist" any effort by Eurocanadians to affirm their Anglo, Quebecois, or European ethnic identity.⁹⁸ French society Despite an official national bilingualism policy, many French commentators from the Province of Quebec believe multiculturalism threatened to reduce them to just another ethnic group.⁹⁹ ¹⁰⁰ Quebec's policy seeks to promote interculturalism, welcoming people of all origins while insisting that they integrate into Quebec's majority French-speaking society.¹⁰¹ In 2008, a Consultation Commission on Accommodation Practices Related to Cultural Differences, headed by sociologist Gerard Bouchard and philosopher Charles Taylor, recognized that Quebec is a de facto pluralist society, but that the Canadian multiculturalism model "does not appear well suited to conditions in Quebec".¹⁰² See also - Canadian values - Feminism in Canada - Freedom of religion in Canada - Heritage conservation in Canada - Historiography of Canada - Social programs in Canada - Canada – Wikipedia book References [1] Kobayashi, Audrey (1983), "Multiculturalism: Representing a Canadian Institution", in Duncan, James S; Duncan, Ley, Place/culture/representation, Routledge, pp. 205–206, ISBN 0-415-09451-8 [2] Wayland, Shara (1997), Immigration, Multiculturalism and National Identity in Canada (PDF), University of Toronto (Department of Political Science), retrieved September 12, 2010 [3] Ronald L. 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Retrieved 2016-11-10. [83] "The last liberals Why Canada is still at ease with openness". The Economist. 29 October 2016. Retrieved 2016-11-10. [84] Stackhouse, John; Martin, Patrick (February 2, 2002), "Canada: 'A model for the world'", Globe and Mail, Canada, p. F3, retrieved June 29, 2009, Canada is today the most successful pluralist society on the face of our globe, without any doubt in my mind. . . . That is something unique to Canada. It is an amazing global human asset [85] Prince Karim Aga Khan IV (May 19, 2004), Address at the Leadership and Diversity Conference, Gatineau, Canada, retrieved March 21, 2007 [86] Aga Khan Welcomes Government of Canada's Partnership in New Global Centre for Pluralism, Aga Khan Development Network, April 18, 2005, retrieved April 21, 2007 [87] Courtney Bender; Pamela E. Klassen (2010). After Pluralism: Reimagining Religious Engagement. Columbia University Press. ISBN 978-0-231-15233-4. [88] John Nagle (2009). Multiculturalism's double bind: creating inclusivity, cosmopolitanism and difference. Ashgate Publishing, Ltd. p. 129. ISBN 978-0-7546-7607-2. [89] Farhang Rajaee (2000). Globalization on trial: the human condition and the information civilization. IDRC. p. 97. ISBN 978-0-88936-909-2. [90] Leonie Sandercock; Giovanni Attili; Val Cavers; Paula Carr (2009). Where strangers become neighbours: integrating immigrants in Vancouver, Canada. Springer. p. 16. ISBN 978-1-4020-9034-9. [91] "Citizenship and Immigration Canada". The New Evidence on Multiculturalism and Integration. The current state of multiculturalism in Canada and research themes on Canadian multiculturalism. Retrieved March 29, 2012. [92] Giuliana B. Prato (2009). Beyond multiculturalism: views from anthropology. Ashgate Publishing, Ltd. p. 16. ISBN 978-0-7546-7173-2. [93] Lalaie Ameeriar; Stanford University. Dept. of Anthropology (2008). Downwardly global: multicultural bodies and gendered labor migrations from Karachi to Toronto. Stanford University. pp. 21–22. [94] Todd, D (September 11, 2010). "Growing Ethnic Enclaves Hurt Sense Of Canadian "Belonging"". (The Vancouver Sun) Immigration Watch Canada. [95] Phil Ryan (2010). Multicultiphobia. University of Toronto Press. pp. 103–106. ISBN 978-1-4426-1068-2. [96] Garcea, Joseph (2008). Postulations on the Fragmentary Effects of Multiculturalism in Canada. 40 Issue 1, pp 141–160. Canadian Ethnic Studies. Retrieved 2012-01-30. [97] Hasmath, Reza (2012) The Ethnic Penalty: Immigration, Education and the Labour Market. Burlington, VT and Surrey, UK: Ashgate. [98] Ricardo Duchesne. "The Fall of British Vancouver and the Rise of 'Pacific' Canada" (PDF). Unb.ca. Retrieved January 15, 2016. [99] Christian Lammert; Katja Sarkowsky (2009). Negotiating Diversity in Canada and Europe. VS Verlag. p. 177. ISBN 978-3-531-16892-0. [100] Danic Parenteau (2010). "Critique du multiculturalisme canadien. Une synthèse récapitulative" (PDF). L'Action nationale (Mars): 36–46. [101] Assaad E. Azzi; Xenia Chryssochoou; Bert Klandermans; Bernd Simon (2011). Identity and Participation in Culturally Diverse Societies: A Multidisciplinary Perspective. John Wiley & Sons. p. 236. ISBN 978-1-4443-5181-1. [102] Bouchard, Gérard; Taylor, Charles (2008), Building the Future: A Time for Reconciliation (PDF), Québec, Canada: Commission de consultation sur les pratiques d'accommodement reliées aux différences culturelles, archived from the original (PDF) on 2012-02-13, retrieved October 20, 2011 Further reading - Kymlicka, Will (2010). The Current State of Multiculturalism in Canada (PDF). Department of Citizenship and Immigration. Minister of Public Works and Government Services Canada. ISBN 978-1-100-14648-5. - Banting, Keith; Kymlicka, Will (2010). Canadian Multiculturalism: Global Anxieties and Local Debates (PDF). 23 Issue 1. British Journal of Canadian Studies. - Garcea, Joseph (2008). Postulations on the Fragmentary Effects of Multiculturalism in Canada. 40 Issue 1. Canadian Ethnic Studies. - Ninette Kelley; Michael J. Trebilcock (2010). The making of the mosaic: a history of Canadian immigration policy. University of Toronto Press. ISBN 978-0-8020-9536-7. - Janice Gross Stein (2007). Uneasy partners: multiculturalism and rights in Canada. Wilfrid Laurier University Press. ISBN 978-1-55458-012-5. - Stephen Tierney (2007). Multiculturalism and the Canadian Constitution. University of British Columbia Press. ISBN 978-0-7748-1445-4. - Kristin R. Good (2009). Municipalities and Multiculturalism: The Politics of Immigration in Toronto and Vancouver. University of Toronto Press. ISBN 978-1-4426-0993-8. - Richard J. F. Day (2000). Multiculturalism and the history of Canadian diversity. University of Toronto Press. ISBN 978-0-8020-8075-2. - Eve Haque (2012). Multiculturalism Within a Bilingual Framework: Language, Race, and Belonging in Canada. University of Toronto Press. ISBN 978-1-4426-6089-2. - Yasmeen, Abu-Laban; Stasiulis, Daiva (2000). Ethnic Pluralism under Siege: Popular and Partisan Opposition to Multiculturalism. 18, No. 4. Canadian Public Policy. External links - Multiculturalism in Canada debated – CBC video archives (Sep 14, 2004 – 42:35 min) - Multicultural Canada – Government of Canada - Multiculturalism – Citizenship and Immigration Canada - Multiculturalism & Diversity – Association for Canadian Studies Canadian identity Canadian identity refers to the unique culture, characteristics and condition of being Canadian, as well as the many symbols and expressions that set Canada and Canadians apart from other peoples and cultures of the world. Primary influences on the Canadian identity trace back to the arrival, beginning in the early seventeenth century, of French settlers in Acadia and the St. Lawrence River Valley and English, Scottish and other settlers in Newfoundland, the British conquest of New France in 1759, and the ensuing dominance of French and British culture in the gradual development of both an imperial and a national identity. Throughout the 16th, 17th, 18th and 19th centuries, First Nations played a critical part in the development of European colonies in Canada, from their role in assisting exploration of the continent, the fur trade and inter-European power struggles to the creation of the Métis people. Carrying through the 20th century and to the present day, Canadian aboriginal art and culture continues to exert a marked influence on Canadian identity. The question of Canadian identity was traditionally dominated by three fundamental themes: first, the often conflicted relations between English Canadians and French Canadians stemming from the French Canadian imperative for cultural and linguistic survival; secondly, the generally close ties between English Canadians and the British Empire, resulting in a gradual political process towards complete independence from the imperial power, and, finally, the close proximity of English-speaking Canadians to the military, economic and cultural powerhouse of the United States. With the gradual loosening of political and cultural ties to Britain in the twentieth century, immigrants from Europe, Asia, Africa and the Caribbean have reshaped the Canadian identity, a process that continues today with the continuing arrival of large numbers of immigrants from non British or French backgrounds, adding the theme of multiculturalism to the debate.¹ ² ³ Today, Canada has a diverse makeup of nationalities and cultures (see Canadian culture) and constitutional protection for policies that promote multiculturalism rather than a single national myth.⁴ The issue of Canadian identity remains under scrutiny. Journalist Andrew Cohen wrote in 2007: "The Canadian Identity, as it has come to be known, is as elusive as the Sasquatch and Ogopogo. It has animated—and frustrated—generations of statesmen, historians, writers, artists, philosophers, and the National Film Board... Canada resists easy definition."⁵ In true Canadian fashion, however, even the search for an identity has become itself an object for self-criticism.⁶ Basic models In defining a Canadian identity, five key distinctive characteristics have been emphasized: - First, special emphasis is placed upon the bicultural nature of Canada and the important ways in which English–French relations since the 1760s have shaped the Canadian experience.⁷ - Second, Canada had quite a different historical experience in resisting revolution and republicanism compared to the U.S., leading to less individualism and more support for government activism, such as wheat pools and the health care system.⁸ - Third, British parliamentary system and the British legal system, augmented by the conservatism associated with the Loyalists and the pre-1960 French Canadians, have given Canada its ongoing collective obsession with "peace, order and good government".⁸ - Fourth is the social structure of multiple ethnic groups that kept their identities and produced a cultural mosaic rather than a melting pot.⁹ - Fifth, the influence of geographical factors (vast area, coldness, northness; St. Lawrence spine) together with the proximity of the United States have produced in the collective Canadian psyche what Northrop Frye has called the garrison mind or siege mentality, and what novelist Margaret Atwood has argued is the Canadian preoccupation with survival.¹⁰ For Herschel Hardin, because of the remarkable hold of the siege mentality and the concern with survival, Canada in its essentials is "a public enterprise country." According to Hardin, the "fundamental mode of Canadian life" has always been, "the un-American mechanism of redistribution as opposed to the mystic American mechanism of market rule." Most Canadians, in other words, whether on the right or left in politics, expect their governments to be actively involved in the economic and social life of the nation.¹¹ Historical development Main articles: History of Canada and Historiography of Canada Introduction Canada's large geographic size, the presence and survival of a significant number of indigenous peoples, the conquest of one European linguistic population by another and relatively open immigration policy have led to an extremely diverse society. Indigenous Peoples The indigenous peoples of Canada are divided among a large number of different ethnolinguistic groups, including the Inuit in the northern territory of Nunavut, the Algonquian language groups in eastern Canada (Mi'kmaq in the Maritime Provinces, Abenaki of Quebec and Ojibway of the central region), the Iroquois of central Canada, the Cree of northern Ontario, Quebec and the Great Plains, peoples speaking the Athabaskan languages of Canada's northwest, the Salishan language groups of British Columbia and other peoples of the Pacific coast such as the Tsimshian, Haida, Kwakwaka'wakw and Nuu-chah-nulth.¹² Each of the indigenous peoples developed vibrant societies with complex economies, political structures and cultural traditions that were subsequently affected profoundly by interaction with the European populations. The Metis are an indigenous people whose culture and identity was produced by a fusion of First Nations with the French, Irish and Scottish fur trade society of the north and west. French Settlement and the Struggle for Francophone Identity in Canada From the founding by Pierre Dugua, Sieur de Mons of Port Royal in 1605, (the beginnings of French settlement of Acadia) and the founding of Quebec City in 1608 by Samuel de Champlain, Canada was ruled from and settled almost exclusively by French colonists. John Ralston Saul, among others, has noted that the east-west shape of modern Canada had its origins in decisions regarding alliances with the indigenous peoples made by early French colonizers or explorers such as Champlain or De La Vérendrye. By allying with the Algonquins, for example, Champlain gained an alliance with the Wyandot or Huron of today's Ontario, and the enmity of the Iroquois of what is now northern New York State.¹³ Although English settlement began in Newfoundland in 1610, and the Hudson's Bay Company was chartered in 1670, it was only with the Treaty of Utrecht in 1713 that France ceded to Great Britain its claims to mainland Nova Scotia and significant British colonization of what would become mainland Canada would begin. Even then, prior to the American Revolution, Nova Scotia was settled largely by planters from New England who took up lands following the deportation of the French-speaking Acadian population, in 1755 in an event known in French to Acadians as Le Grand Dérangement, one of the critical events in the formation of the Canadian identity.¹⁴ During the period of French hegemony over New France the term Canadien referred to the French-speaking inhabitants of Canada. The Seven Years' War between Great Britain and France resulted in the conquest of New France by the British in 1759 at the Battle of the Plains of Abraham, an event that reverberates profoundly even today in the national consciousness of Quebecers. Although there were deliberate attempts made by the British to assimilate the French speaking population to English language and culture, most notably the 1840 Act of Union that followed the seminal report of Lord Durham, British colonial policy for Canada on the whole was one which acknowledged and permitted the continued existence of French language and culture. Nevertheless, the efforts at assimilation of French Canadians, the fate of the French-speaking Acadians and the revolt of the patriotes in 1837 would not be forgotten by their Québécois descendants. Je me souviens, (English: "I remember"), the motto of Quebec, became the watchword of the Québécois. Determined to maintain their cultural and linguistic distinctiveness in the face of British colonial domination and massive immigration of English speaking people to the pre-Confederation Province of Canada, this survivalist determination is a cornerstone of current Québécois identity and much of the political discourse in Quebec. The English Canadian writer and philosopher John Ralston Saul also considers the Ultramontane movement of Catholicism as playing a pivotal and highly negative role in the development of certain aspects of Québécois identity.¹⁵ British Settlement in Canada: Revolution, Invasion and Confederation For its part, the identity of English speaking Canada was profoundly influenced by another pivotal historic event, the American Revolution. Americans who remained loyal to the Crown and who actively supported the British during the Revolution saw their lands and goods confiscated by the new republic at the end of the war. Some 60,000 persons, known in Canada as United Empire Loyalists fled the United States or were evacuated after the war, coming to Nova Scotia and Quebec where they received land and some assistance from the British government in compensation and recognition for having taken up arms in defence of King George III and British interests. This population formed the nucleus for two modern Canadian provinces—Ontario and New Brunswick—and had a profound demographic, political and economic influence on Nova Scotia, Prince Edward Island and Quebec. Conservative in politics, distrustful or even hostile towards Americans, republicanism, and especially American republicanism,¹⁶ this group of people marked the British of British North America as a distinctly identifiable cultural entity for many generations, and Canadian commentators continue to assert that the legacy of the Loyalists still plays a vital role in English Canadian identity. According to the author and political commentator Richard Gwyn while "[t]he British connection has long vanished...it takes only a short dig down to the sedimentary layer once occupied by the Loyalists to locate the sources of a great many contemporary Canadian convictions and conventions."¹⁷ Canada was twice invaded by armed forces from the United States during the American Revolution and the War of 1812. The first invasion occurred in 1775, and succeeded in capturing Montreal and other towns in Quebec before being repelled at Quebec City by a combination of British troops and local militia. During this invasion, the French-speaking Canadiens assisted both the invaders from the United Colonies and the defending British. The War of 1812 also saw the invasion of American forces into what was then Upper and Lower Canada, and important British victories at Queenston Heights, Lundy's Lane and Crysler's Farm. The British were assisted again by local militia, this time not only the Canadiens, but also the descendants of the Loyalists who had arrived barely a generation earlier. The Americans however captured control of Lake Erie, cutting off what is today western Ontario; they killed Tecumseh and dealt the Indian allies a decisive defeat from which they never recovered. The War of 1812 has been called "in many respects a war of independence for Canada".¹⁸ The years following the War of 1812 were marked by heavy immigration from Great Britain to the Canadas and, to a lesser degree, the Maritime Provinces, adding new British elements (English, Scottish and Protestant Irish) to the pre-existing English-speaking populations. During the same period immigration of Catholic Irish brought large numbers of settlers who had no attachment, and often a great hostility, toward the imperial power. The hostility of other groups to the autocratic colonial administrations that were not based on democratic principles of responsible government, principally the French-speaking population of Lower Canada and newly arrived American settlers with no particular ties to Great Britain, were to manifest themselves in the short-lived but symbolically powerful Rebellions of 1837. The term "Canadian", once describing a francophone population, was adopted by English-speaking residents of the Canadas as well, marking the process of converting 'British' immigrants into 'Canadians.'¹⁹ The merger of the two Canadas in 1840, with political power divided evenly between the former Lower and Upper Canadas, created a political structure that eventually exacerbated tensions between the French and English-speaking populations and which would prove an enduring feature of Canadian identity. As the population of English-speaking and largely Protestant Canada West grew to surpass that of majority French-speaking Catholic Canada East, the population of Canada West began to feel that its interests were becoming subservient to the francophone population of Canada East. George Brown, founder of the Globe newspaper (forerunner of today's Globe and Mail) and a Father of Confederation wrote that the position of Canada West had become "a base vassalage to French-Canadian Priestcraft." ²⁰ For its part, the French Canadians distrusted the growing anti-Catholic 'British' population of Canada West and sought a structure that could provide at least some control over its own affairs through a Provincial legislature founded on principles of responsible government. The union of the Provinces of Canada, Nova Scotia and New Brunswick into a federation in 1867 drew on all of the primary aspects of the Canadian identity: loyalty to Britain (there would be self-governance under a federal parliament, but no rupture from British institutions), limited but significant home rule for a French-speaking majority in the new Province of Quebec (and a longed for solution to English-French tensions), and a collaboration of British North Americans in order to resist the pull and the possible military threat from the United States. The republic to the south had just finished its Civil War as a powerful and united nation with little affection for Britain or its colonial baggage strung along its northern border. So great was the perceived threat that even Queen Victoria thought, prior to Confederation, that it would be "impossible" for Britain to retain Canada.²¹ In their search for an early identity, English Canadians relied heavily on loyalty and attachment to the British Empire, a triumphalist attitude towards British role in the building of Canada, as evidenced in the lyrics of the informal anthem The Maple Leaf Forever and distrust or dislike of those who were not British or Protestant. John Ralston Saul sees in the influence of the Orange Order the counterpart of the Ultramontane movement among French Canadians, leading certain groups of English Canadian Protestants to provoke persecution of the Métis and suppress or resist francophone rights.²² Early Dominion After Confederation Canada became caught up in settlement of the west and extending the dominion to the Pacific Ocean. British Columbia joined Confederation in 1871. Residents of a British colony specifically established to forestall American territorial aspirations in the Fraser Valley, British Columbians were no strangers to the implications of the American doctrine of Manifest Destiny nor the economic attractions of the United States. The construction of the Canadian Pacific Railway, promised to British Columbia as an inducement to join the new dominion, became a powerful and tangible symbol of the nation's identity, linking the provinces and territories together from east to west in order to counteract the inevitable economic and cultural pull from the south. The settlement of the west also brought to the fore the tensions between the English and French-speaking populations of Canada. The Red River Rebellion, led by Louis Riel, sought to defend the interests of French-speaking Métis against English-speaking Protestant settlers from Ontario. The controversial execution of Thomas Scott, a Protestant from Ontario, on Riel's orders and the furor that followed divided the new dominion along linguistic and religious lines. While Manitoba was created as a bilingual province in 1870 as a solution to the issue, the tensions remained, and would surface again in the Northwest Rebellion in the 1880s, when Riel led another rebellion against Ottawa. CHILD EMIGRATION TO CANADA The attention of the Dominion Government has been drawn to the fact that the children sent to Canada from England are street waifs and workhouse paupers, and that the professional philanthropists engaged in the work are largely prompted by mercenary and not charitable motives. A demand will be made that parliament should investigate the matter before voting any money to promote this kind of immigration. " " The Star, 18 April 1891²³ From the mid to late 19th century Canada had a policy of assisting immigrants from Europe, including city people and an estimated 100,000 unwanted "Home Children" from Britain. The modern descendants of these children have been estimated at five million, contributing to Canada's identity as the "country of the abandoned".²⁴ Offers of free land attracted farmers from Central and Eastern Europe to the prairies,²⁵ ²⁶ as well as large numbers of Americans who settled to a great extent in Alberta. Several immigrant groups settled in sufficient densities to create communities of a sufficient size to exert an influence on Canadian identity, such as Ukrainian Canadians. Canada began to see itself as a country that needed and welcomed people from countries besides its traditional sources of immigrants, accepting Germans, Poles, Dutch and Scandinavians in large numbers before the First World War. At the same time, however, concerns regarding immigration from Asian sources revealed overtly xenophobic and racist attitudes among Canadians, particularly English Canadians on the Pacific coast. At the time for many Canadian identity, whatever it was to be, did not include non-Europeans. While inexpensive Chinese labour had been needed to complete the transcontinental railway, the completion of the railway led to questions of what to do with the workers who were now no longer needed. Further Chinese immigration was limited and then banned by a series of restrictive and racially motivated dominion statutes. The Komagata Maru incident in 1914 revealed overt hostility towards would-be immigrants, mainly Sikhs from India, who attempted to land in Vancouver. 20th century - War bond posters, 1918 - Canadian victory bond poster in French. Depicts three French women pulling a plow that had been constructed for horses and men. Lithograph, adapted from a photograph. - The same poster in English, with subtle differences in text. The French version roughly translates as 'All the world can serve' or 'Everyone can serve' and 'Let's buy victory bonds.' The main crisis regarding Canadian identity came in World War I. Canadians of British heritage were strongly in favor of the war effort, while those of French heritage, especially in Quebec, showed far less interest. A series of political upheavals ensued, especially the Conscription Crisis of 1917. Simultaneously, the role of immigrants as loyal Canadians was contested, with large numbers of men of German or Ukrainian heritage temporarily stripped of voting rights or incarcerated in camps. The war helped define separate political identities for the two groups, and permanently alienated Quebec and the Conservative Party.²⁷ During this period, World War I helped to establish a separate Canadian identity among Anglophoners, especially through the military experiences of the Battle of Vimy Ridge and the Battle of Passchendaele and the intense homefront debates on patriotism.²⁸ (A similar crisis, though much less intense, erupted in World War II.) In the 1920s, the Dominion of Canada achieved greater independence from Britain, notably in the Statute of Westminster in 1931. It remained part of the larger Commonwealth but played an independent role in the League of Nations. As Canada became increasingly independent and sovereign, its primary foreign relationship and point of reference gradually moved to the United States, the superpower with whom it shared a long border and major economic, social and cultural relationships. The Statute of Westminster also gave Canada its own monarchy, which remains in personal union with 15 other countries of the Commonwealth of Nations. However, overt associations with British nationalism wound down after the end of the Second World War, when Canada established its own citizenship laws in 1947. Throughout the 1960s and 1970s, a number of symbols of the Crown were either removed completely (such as the Royal Mail) or changed (such as the Royal Arms of Canada). In the 1960s, Quebec experienced the Quiet Revolution to modernize society from traditional Christian teachings. Québécois nationalists demanded independence, and tensions rose until violence erupted during the 1970 October Crisis. In 1976 the Parti Québécois was elected to power in Quebec, with a nationalist vision that included securing French linguistic rights in the province and the pursuit of some form of sovereignty for Quebec, leading to a referendum in 1980 in Quebec on the question of sovereignty-association, which was turned down by 59% of the voters. At the patriation of the Canadian Constitution, the Quebec premier did not sign it; this led to two unsuccessful attempts to modify the constitution so it would be signed, and another referendum on Quebec independence in 1995 which was turned down by a small majority of 50.6%. In 1965 Canada adopted the maple leaf flag, after considerable debate and misgivings on the part of a large number of English Canadians. Two years later the country celebrated the centennial of Confederation, with an international exposition in Montreal. Legislative restrictions on immigration that had favoured British and other European immigrants were removed in the 1960s. By the 1970s immigrants increasingly came from India, Hong Kong, the Caribbean and Vietnam. Post-war immigrants of all backgrounds tended to settle in the major urban centres, particularly Toronto, Montreal and Vancouver. During his long tenure in the office (1968–79, 1980–84), Prime Minister Pierre Trudeau made social and cultural change his political goal for Canada, including the pursuit of an official policy on bilingualism and plans for significant constitutional change. The west, particularly the oil and gas-producing province of Alberta, opposed many of the policies emanating from central Canada, with the National Energy Program creating considerable antagonism and growing western alienation. Modern times As for the role of history in national identity, the books of Pierre Berton and television series like Canada: A People's History have done much to spark the popular interest of Canadians in their history. Some commentators, such as Cohen, criticize the overall lack of attention paid by Canadians to their own history, noting a disturbing trend to ignore the broad history in favour of narrow focus on specific regions or groups. It isn't just the schools, the museums and the government that fail us. It is also the professional historians, their books and periodicals. As J.L. Granatstein and Michael Bliss have argued, academic historians in Canada have stopped writing political and national history. They prefer to write labour history, women's history, ethnic history, and regional history, among others, often freighted with a sense of grievance or victimhood. This kind of history has its place, of course, but our history has become so specialized, so segmented, and so narrow that we are missing the national story in a country that has one and needs to hear it.²⁹ Much of the debate over contemporary Canadian identity is argued in political terms, and defines Canada as a country defined by its government policies, which are thought to reflect deeper cultural values. To the political philosopher Charles Blattberg, Canada should be conceived as a civic or political community, a community of citizens, one that contains many other kinds of communities within it. These include not only communities of ethnic, regional, religious, civic (the provincial and municipal governments) and civil associational sorts, but also national communities. Blattberg thus sees Canada as a multinational country and so asserts that it contains a number of nations within it. Aside from the various aboriginal First Nations, there is also the nation of francophone Quebecers, that of the anglophones who identify with English Canadian culture, and perhaps that of the Acadians.³⁰ In keeping with this, it is often asserted that Canadian government policies such as publicly funded health care, higher taxation to distribute wealth, outlawing capital punishment, strong efforts to eliminate poverty in Canada, an emphasis on multiculturalism, imposing strict gun control, leniency in regard to drug use and most recently legalizing same-sex marriage make their country politically and culturally different from the United States.³² In a poll that asked what institutions made Canada feel most proud about their country, number one was health care, number two was the Canadian Broadcasting Corporation, and number three was peacekeeping.³³ In a CBC contest to name "The Greatest Canadian", the three highest ranking in descending order were the social democratic politician and father of medicare Tommy Douglas, the legendary cancer activist Terry Fox, and the Liberal prime minister Pierre Trudeau, responsible for instituting Canada's official policies of bilingualism and multiculturalism, which suggested that their voters valued left-of-centre political leanings and community involvement. Most of Canada's recent prime ministers have been from Quebec, and thus have tried to improve relations with the province with a number of tactics, notably official bilingualism which required the provision of a number of services in both official languages and, among other things, required that all commercial packaging in Canada is printed in French and English. Again, while this bilingualism is a notable feature to outsiders, the plan has been less than warmly embraced by many English Canadians some of whom resent the extra administrative costs and the requirement of many key federal public servants to be fluently bilingual.³⁴ Despite the widespread introduction of French-language classes throughout Canada, very few anglophones are truly bilingual outside of Quebec. In 2013, more than 90% of Canadians believed that the Canadian Charter of Rights and Freedoms and the national flag were the top symbols of Canadian identity.³⁵ The United States and the Canadian Identity Relationship with the United States Within Canadian politics, there is a diverse range of reactions to the United States. In the early 20th century, the Conservatives portrayed themselves as loyal to the British Empire and hostile to threatened American takeovers. They decisively won the 1911 election on these grounds. In World War II, however, Liberal William Lyon Mackenzie King built close ties with the US, working smoothly with President Franklin D. Roosevelt. In 1957-1963 the Conservative John Diefenbaker took defiantly anti-American positions, especially regarding defence issues. In the late 1960s the Vietnam issue opened a difference of opinion between the two neighbours, and Pierre Trudeau moved the Liberals to a more independent position in foreign affairs. Under Conservative Prime Minister Brian Mulroney, Canada and the United States entered into a Free Trade Agreement, since expanded to include Mexico. However, the relationship between Canada and the United States suffered another serious strain when Canada declined to participate in the Iraq War as part of the military coalition.³⁶ Generally speaking, however, in recent years parties of the political left, such as the Liberal Party of Canada and the New Democratic Party, have tended to advocate a more distant relationship with the United States, particularly when conservatives hold office in Washington, D.C.³⁷ In the past, the Canadian left has largely opposed economic deals such as free trade and Canada's participation in US-led military operations such as the Gulf War. Although some small-scale annexationist movements, both historical and modern, have promoted Canada becoming part of the United States, these have not attracted widespread support among Canadians. The term "Americanisation" is likewise frequently used by members of the Canadian political left to designate unfavourable policies. For example, private, or two-tier healthcare is often described as simply "American-style" healthcare in political debates. Many of these criticisms ostensibly arise from the belief that the United States, and the United States government, is fundamentally more conservative than Canada, and as a result "Americanize" becomes synonymous with "right-wing reform". In recent years the Canadian right, mostly led by the Conservative Party of Canada and right-wing think-tanks such as the Fraser Institute, by contrast have generally tended to favour a closer relationship with the United States. Some conservative Canadians often argue that closer ties to the United States are both an inescapable reality and favourable economically. Because they may already oppose policies such as socialized healthcare or Canada's gun laws, the term "Americanization" is not as frequently used as a term of condemnation by those on the political right. Recent economic issues such as lingering trade disputes on softwood lumber and cattle, especially in areas of Canada harmed significantly by the closure of mills and inability of farmers (especially within Alberta) to sell their cattle likewise continue to be a source of political tension between the countries. In 2000, Molson Brewing Company started using the "I Am Canadian" theme in advertisement for its Canadian brand of beer. The commercial depicts an average Joe giving a rant about the finer points of being Canadian. Some critics suggested that this ad was revealing in that Joe's definition of a Canadian was more about what he is not, which is a stereotypical American, rather than what he is. The advertisement, and its subsequent criticisms, illustrate the common symptom of Canadian expression of identity.³⁸ The Impact of American Culture Though today much popular culture available in Canada, such as television, movies, music, news, and literature, is both American and Canadian in origin, many Canadians believe a unique distinct Canadian culture exists, even in an era of deep economic and cultural ties between the two nations. In defence against the perceived American influence on television, however, Canadian broadcasters must conform to government-mandated Canadian content rules, which are allowed under the North American Free Trade Agreement (NAFTA) because of their cultural, rather than economic, protection purpose. Québécois fret that they are seven million French speaking people trying to maintain a culture surrounded by over 330 million Americans.³⁹ Canadians and the United States share a somewhat common culture, even if it is best known as American culture. This stems from the perspective that Anglophone Canada and the US developed on a similar timeline, based on similar (although not identical) immigration patterns, with a common language, with extensive media cross-over, and that there are few reasons for fundamental differences between the Anglophone Canadian and American cultures. For example, many American cultural hallmarks and distinctions such as American film and American television could actually be more accurately described as collaborations between the two countries or representative of Western culture, since many of these culturally representative projects often involve significant Canadian contributions. Hundreds of so-called American films, cartoons, musicians, videogames, music videos and commercials are actually created in both parts of Canada and the US, with significant Canadian casts, Canadian production houses and hundreds of Canadian technical workers. An example is the rock song, "American Woman" by The Guess Who, which some Americans and even Canadians assume is an American song by an American rock band, but was written by a band of Canadian musicians. Other examples of so-called American icons with Canadian participation include American Apparel, an American clothing store based in Los Angeles with Canadian roots, the late night TV show Saturday Night Live, and MAC Cosmetics. The list of Canadian comedians who have become popular in the USA include Dan Aykroyd, Tom Green, Mike Myers, Norm Macdonald, Jim Carrey, Eugene Levy, Rick Moranis, John Candy, Howie Mandel, Martin Short and Leslie Nielsen. Typically, however, the resulting cultural products, produced for mass consumption, appear entirely American, with no distinctive Canadian element. The most successful English Canadian motion picture, the 1982 teen sex comedy Porky's, was directed by an American born and raised director, Bob Clark. Likewise, the most-successful American motion pictures, Titanic and Avatar, were directed by a Canadian born and raised director, James Cameron.³⁹ While some argue that fundamental differences remain between Canadians and Americans, others, such as Andrew Cohen, suggest that it may be that Canadians need to believe that such differences are real as part of a "comforting mythology" but that the actual evidence belies this contention.⁴⁰ Commenting on the tendency of Canadians to present themselves as anti-American he notes: If Canadians were really Anti-American, we would have to denounce ourselves, or everything about our country and our place in it. We are contradictory, inconsistent, and, yes, occasionally hypocritical. When it comes to the Americans, we say one thing and do another—happy to enjoy the fruits of prosperity and security gained by the good fortune of living beside the most benevolent neighbour God could have given us...If Canadians felt the way we say we do, and had the integrity of self-aware people, we would not have made the choices we have as a country...we would not have welcomed American trade, we would not have consumed American culture, we would not have contracted out our national defence. [We] would have placed much greater restrictions on foreign ownership and imposed airtight rules on imported films, magazines and books, radio and television. All these were choices Canadians could have made if we wanted to differentiate ourselves from the Americans.⁴¹ Migration to Canada Canada was the home for 'American' British Loyalists during and following the American Revolution, making much of Canada distinct in its unwillingness to embrace republicanism and populist democracy during the nineteenth century. Canada was also the destination for slaves from America via the Underground Railroad (The 'North Star' as heralded by Martin Luther King Jr.); Canada was the refuge for American Vietnam draft-dodgers during the turbulent 1960s. In response to a declining birth rate, Canada has increased the per capita immigration rate to one of the highest in the world. The economic impact of immigration to Canada is discussed as being positive by most of the Canadian media and almost all Canadian politicians. Outsider perceptions A very common expression of Canadian identity is to ridicule American ignorance of things Canadian.⁴² During his years with This Hour Has 22 Minutes, comic Rick Mercer produced a recurring segment, Talking to Americans. Petty says, the segment "was extraordinarily popular and was initiated by viewer demand."⁴² Mercer would pose as a journalist in an American city and ask passers-by for their opinions on a fabricated Canadian news story. Some of the "stories" for which he solicited comment included the legalization of staplers, the coronation of King Svend, the border dispute between Quebec and Chechnya, the campaign against the Toronto Polar Bear Hunt, and the reconstruction of the historic "Peter Mann's Bridge". During the 2000 election in the United States, Mercer successfully staged a Talking to Americans segment in which presidential candidate George W. Bush gratefully accepted news of his endorsement by Canadian Prime Minister "Jean Poutine".⁴³ ⁴⁴ While Canadians may dismiss comments that they do not find appealing or stereotypes that are patently ridiculous, Andrew Cohen believes that there is a value to considering what foreigners have to say: "Looking at Canadians through the eyes of foreigners, we get a sense of how they see us. They say so much about us: that we are nice, hospitable, modest, blind to our achievements. That we are obedient, conservative, deferential, colonial and complex, particularly so. That we are fractious, envious, geographically impossible and politically improbable."⁴⁵ Cohen refers in particular to the analyses of the French historian André Siegfried,⁴⁶ the Irish born journalist and novelist Brian Moore⁴⁷ or the Canadian-born American journalist Andrew H. Malcolm.⁴⁸ French Canadians and Identity in English Canada The Canadian philosopher and writer John Ralston Saul has expressed the view that the French fact in Canada is central to Canadian, and particularly to English Canadian identity: It cannot be repeated enough that Quebec and, more precisely, francophone Canada is at the very heart of the Canadian mythology. I don't mean that it alone constitutes the heart, which is after all a complex place. But it is at the heart and no multiple set of bypass operations could rescue that mythology if Quebec were to leave. Separation is therefore a threat of death to anglophone Canada's whole sense of itself, of its self-respect, of its role as a constituent part of a nation, of the nature of the relationship between citizens."⁴⁹ Many Canadians believe that the relationship between the English and French languages is the central or defining aspect of the Canadian experience. Canada's Official Languages Commissioner (the federal government official charged with monitoring the two languages) has stated, "[I]n the same way that race is at the core of what it means to be American and at the core of an American experience and class is at the core of British experience, I think that language is at the core of Canadian experience."⁵⁰ Aboriginal Canadians and Canadian Identity Saul argues that Canadian identity is founded not merely on the relationship built of French/English pragmatic compromises and cooperation but rests in fact on a triangular foundation which includes, significantly, Canada's aboriginal peoples.⁵¹ From the reliance of French and later English explorers on Native knowledge of the country, to the development of the indigenous Métis society on the Prairies which shaped what would become Canada, and the military response to their resistance to annexation by Canada,⁵² indigenous peoples were originally partners and players in laying the foundations of Canada. Individual aboriginal leaders, such as Joseph Brant or Tecumseh have long been viewed as heroes in Canada's early battles with the United States and Saul identifies Gabriel Dumont as the real leader of the Northwest Rebellion, although overshadowed by the better-known Louis Riel.⁵³ While the dominant culture tended to dismiss or marginalize First Nations to a large degree, individual artists such as the British Columbia painter Emily Carr, who depicted the totem poles and other carvings of the Northwest Coast peoples, helped turn the then largely ignored and undervalued culture of the first peoples into iconic images "central to the way Canadians see themselves".⁵⁴ First Nations art and iconography are now routinely integrated into public space intended to represent Canada, such as The Great Canoe", a sculpture by Haida artist Bill Reid in the courtyard of the Canadian embassy in Washington D.C. and its copy, The Spirit of Haida Gwaii, at the apex of the main hall in the Vancouver Airport. War of 1812 The War of 1812 is often celebrated in Ontario as a British victory for what would become Canada in 1867. The Canadian government spent $28 million on three years of bicentennial events, exhibits, historic sites, re-enactments, and a new national monument.⁵⁵ The official goal was to make Canadians aware that: Canada would not exist had the American invasion of 1812-15 been successful.The end of the war laid the foundation for Confederation and the emergence of Canada as a free and independent nation.Under the Crown, Canada's society retained its linguistic and ethnic diversity, in contrast to the greater conformity demanded by the American Republic.⁵⁶ In a 2012 poll, 25% of all Canadians ranked their victory in the War of 1812 as the second most important part of their identity after free health care (53%).⁵⁷ Canadian historians in recent decades look at the war as a defeat for the First Nations of Canada, and also for the merchants of Montreal (who lost the fur trade of the Michigan-Minnesota area).⁵⁸ The British had a long-standing goal of building a "neutral" but pro-British Indian buffer state in the American Midwest.⁵⁹ ⁶⁰ They demanded a neutral Indian state at the peace conference in 1814 but failed to gain any of it because they had lost control of the region in the Battle of Lake Erie and the Battle of the Thames in 1813, where Tecumseh was killed. The British then abandoned the Indians south of the lakes. The royal elite of (what is now) Ontario gained much more power in the aftermath and used that power to repel American ideas such as democracy and republicanism, especially in those areas of Ontario settled primarily by Americans. Many of those settlers returned to the states and were replaced by immigrants from Britain who were imperial-minded.⁶¹ W. L. Morton says the war was a "stalemate" but the Americans "did win the peace negotiations."⁶² Arthur Ray says the war made "matters worse for the native people" as they lost military and political power.⁶³ Bumsted says the war was a stalemate but regarding the Indians "was a victory for the American expansionists."⁶⁴ Thompson and Randall say "the War of 1812's real losers were the Native peoples who had fought as Britain's ally."⁶⁵ On the other hand, the "1812 Great Canadian Victory Party will bring the War of 1812...to life," promised the sponsors of a festival in Toronto in November 2009.⁶⁶ Multiculturalism and identity Further information: Multiculturalism in Canada Multiculturalism and the state of inter-ethnic relations in Canada is relaxed and tolerant, allowing ethnic or linguistic particularism to exist unquestioned. In metropolitan areas such as Toronto and Vancouver, there is often a strong sense that multiculturalism is a normal and respectable expression of being Canadian. Canada is also considered a mosaic because of the multi-culturalism. Supporters of Canadian multiculturalism will also argue that cultural appreciation of ethnic and religious diversity promotes a greater willingness to tolerate political differences, and multiculturalism is often cited as one of Canada's significant accomplishments and a key distinguishing element of Canadian identity. Richard Gwyn has suggested that "tolerance" has replaced "loyalty" as the touchstone of Canadian identity.⁶⁷ On the other hand, critics of Canada's multiculturalism argue that the country's "timid" attitude towards the assimilation of immigrants has actually weakened, not strengthened Canada's national identity through factionalism. Columnist and author Richard Gwyn expresses concern that Canada's sense of self may become so weak that it might vanish altogether.⁶⁸ The indulgent attitude taken towards cultural differences is perhaps a side effect of the vexed histories of French-English and Aboriginal-settler relations, which have created a need for a civic national identity, as opposed to one based on some homogenous cultural ideal. On the other hand, concerns have been raised of the danger that "ethnic nationalism will trump civic nationalism"⁶⁹ and that Canada will leap "from colony to post-national cosmopolitan" without giving Canadians a fair chance of ever finding a centre of gravity or certain sense of Canadian identity.⁷⁰ ⁷¹ For John Ralston Saul, Canada's approach of not insisting on a single national mythology or identity is not necessarily a sign of the country's weakness, but rather its greatest success,⁷² signalling a rejection of or evolution from the European mono-cultural concept of a national identity to something far more "soft" and less complex: The essential characteristic of the Canadian public mythology is its complexity. To the extent that it denies the illusion of simplicity, it is a reasonable facsimile of reality. That makes it a revolutionary reversal of the standard nation-state myth. To accept our reality—the myth of complexity—is to live out of sync with élites in other countries, particularly those in the business and academic communities.⁷³ In January 2007, Prime Minister Stephen Harper advised the creation of a new sub-ministerial cabinet portfolio with the title Canadian Identity for the first time in Canadian history, naming Jason Kenney to the position of Secretary of State for Multiculturalism and Canadian Identity. The move prompted speculation that Harper wants Canada to move in the direction of Australia, France, the Netherlands, and the United Kingdom in the area of national identity policy. The Role of Canadian Social Policy and Identity In Fire and Ice: The United States, Canada and the Myth of Converging Values, the author, Michael Adams, head of the Environics polling company seeks distinctions between Canadians and Americans using polling research performed by his company as evidence. Critics of the idea of a fundamentally "liberal Canada" such as David Frum argue that the Canadian drive towards a more noticeably leftist political stance is largely due to the increasing role that Quebec plays in the Canadian government (three of the last five elected Prime Ministers have been Quebecers, four if one includes Ontarian born Paul Martin). Quebec historically was the most conservative, religious and traditional part of Canada. Since the Quiet Revolution of the 1960s, however, it has become the most secular and social democratic region of Canada. However, it is noteworthy that many Western provinces (particularly Saskatchewan and British Columbia) also have reputations as supporting leftist and social democratic policies. For example, Saskatchewan is one of the few provinces (all in the West) to reelect social democratic governments and is the cradle of the Co-operative Commonwealth Federation and its successor the New Democratic Party. Much of the energy of the early Canadian feminist movement occurred in Manitoba. By contrast, the Conservative provincial government of Alberta has frequently quarrelled with federal administrations perceived to be dominated by "eastern liberal elites." ⁷⁴ Part of this is due to what Albertans feel were federal intrusions on provincial jurisdictions such as the National Energy Program and other attempts to 'interfere' with Albertan oil resources. Distinctly Canadian - The search for the Canadian identity often shows some whimsical results. To outsiders, this soul-searching (or, less charitably, navel-gazing) seems tedious or absurd, inspiring the Monty Python sketch Whither Canada? - In 1971, Peter Gzowski of CBC Radio's This Country in the Morning held a competition whose goal was to compose the conclusion to the phrase: "As Canadian as..." The winning entry was "... possible, under the circumstances." It was sent in to the program by Heather Scott.⁷⁵ - Robertson Davies, one of Canada's best known novelists, once commented about his homeland: "Some countries you love. Some countries you hate. Canada is a country you worry about." - Pierre Berton, a Canadian journalist and novelist, said: "A Canadian is someone who knows how to make love in a canoe without tipping it." - British novelist Douglas Adams said each country was like a particular type of person, and "Canada is like an intelligent 35 year old woman". America, on the other hand, is a "belligerent adolescent boy" and Australia is "Jack Nicholson". - A half-joking definition of a Canadian, offered by The Economist in 1993: "an American with healthcare and no guns", in reference to the countries' contrasting levels of public medical care and gun ownership. - The well-known actor Mike Myers once commented about his native country: "Canada is the essence of not being. Not English, not American, it is the mathematic of not being. And a subtle flavour - we're more like celery as a flavour." - Prime Minister Mackenzie King quipped that Canada was a country with "not enough history, too much geography". - According to John A. Macdonald, the "special genius" of Canadian identity was that "it asks but one thing of its adherents: complete and total submission to the will of the state. Once that has been accepted, everything else Canadian follows." Pierre Trudeau largely agreed, saying that "To a Canadian, the only virtue is loyalty; the only sin, disobedience." See also References Notes [1] John Ralston Saul, Reflections of a Siamese Twin: Canada at the End of the 20th Century, Toronto: Viking Canada, 1997, p. 439 [2] Philip Resnick, The European Roots of Canadian Identity, Peterborough: Broadview Press Ltd, 2005 p. 63 [3] Roy McGregor, Canadians: A Portrait of a Country and Its People, Toronto: Viking Canada, 2007 [4] Saul,Reflections of a Siamese Twin p. 8. [5] Andrew Cohen, The Unfinished Canadian: The People We Are, Toronto: McClelland & Stewart, 2007, p. 3 [6] MacGregor, Canadians, at p. 40: "I've often thought myself that Canadians ingeniously use this endless 'search' for identity as a handy excuse to wallow in their own self-righteousness—particularly at those moments when America has put the stuck-up Canadian nose out of joint. It could be construed as a sort of verbal party trick to turn the conversation around to oneself and all the comforting goodness of being Canadian [7] "Biculturalism", The Canadian Encyclopedia (2010) online [8] Lipset (1990) [9] Magocsi, (1999) [10] Margaret Atwood, Survival: A Thematic Guide to Canadian Lieterature, Toronto: House of Anansi Press Limited, p. 32. [11] The typology is based on George A. Rawlyk, "Politics, Religion, and the Canadian Experience: A Preliminary Probe," in Mark A. Noll, ed. Religion and American Politics: From the Colonial Period to the 1980s. 1990. pp 259-60. [12] This list is not an exhaustive description of all aboriginal peoples in Canada. [13] Saul, Reflections of a Siamese Twin, p. 161 [14] Saul describes the event as "one of the most disturbing" of Canada's "real tragedies", Saul, Reflections of a Siamese Twin, p. 31 [15] Saul, Reflections of a Siamese Twin, p 32 quote: "The Ultramontanes took French Canada off a relatively normal track of political and social evolution...The infection of healthy nationalism with a sectarianism that can still be felt in the negative nationalists was one of their accomplishments. [16] see MacGregor, Canadians, at p. 62 [17] Richard Gwyn, John A: The Man Who Made Us, 2007, Random House of Canada Ltd., p. 367 [18] Northrop Frye, Divisions on a Ground: Essays on Canadian Culture, 1982: House of Anansi Press, p. 65. [19] See for example Susanna Moodie, Roughing It in the Bush, Toronto: McClelland & Stewart Limited, 1970, p. 31: quote: "British mothers of Canadian sons!—learn to feel for their country the same enthusiasm which fills your hearts when thinking of the glory of your own. Teach them to love Canada...make your children proud of the land of their birth." [20] letter from George Brown, cited in Richard Gwyn, John A: The Man Who Made Us, p. 143. [21] Prior to Confederation, 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." quoted in Stacey, C.P. British Military Policy in the Era of Confederation, CHA Annual Report and Historical Papers 13 (1934), p. 25. [22] Saul, Reflections of a Siamese Twin p. 32 [23] Anon (18 April 1891). "Child emigration to Canada". The Star. St Peter Port, England. [24] MacGregor, Canadians, p. 231 [25] "Pioneers Head West". CBC News. [26] Civilization.ca - Advertising for immigrants to western Canada - Introduction [27] J. L. Granatstein, Broken promises: A history of conscription in Canada (1977) [28] Mackenzie (2005) [29] Cohen, The Unfinished Canadian, p. 84 [30] Blattberg, Shall We Dance? A Patriotic Politics for Canada, Montreal: McGill-Queen's University Press, 2003. [31] CIHI p.119 [32] Bricker, Darrell; Wright, John (2005). What Canadians think-- about almost-- everything. Doubleday Canada,. pp. 8–23. ISBN 0-385-65985-7. [33] The Environics Institute (2010). "Focus Canada (Final Report) - Queen's University" (pdf). Queen's University. p. 7. Retrieved December 12, 2015. [34] Sandford F. Borins. The Language of the Skies: The Bilingual Air Traffic Control Conflict in Canada (1983) p. 244 [35] "The Daily — Canadian identity, 2013". www.statcan.gc.ca. Retrieved 2015-10-01. [36] Roy MacGregor, Canadians: A Portrait of a Country and Its People, Toronto: Viking Canada, 2007, p. 156-157 [37] Cohen (2004) [38] Robert M. Seiler, "Selling Patriotism/Selling Beer: The case of the 'I AM CANADIAN!' Commercial," American Review of Canadian Studies (spring 2002) v32#1 pp 45-66 online [39] T. Jones and David Kilgour, Uneasy Neighbors: Canada, The USA and the Dynamics of State, Industry and Culture (2007) [40] Cohen, The Unfinished Canadian, p. 111 [41] Cohen, The Unfinished Canadian at pp. 131-132. [42] Sheila Petty, et al. Canadian cultural poesis: essays on Canadian culture (2005) p. 58 [43] Jonathan A. Gray, et al. Satire TV: politics and comedy in the post-network era (2009) p 178 [44] John Herd Thompson and Stephen J. Randall, Canada and the United States: ambivalent allies (2002) p. 311 [45] Cohen p. 48 [46] André Siegfried, Canada: An International Power; New and Revised Edition, London: Jonathan Cape, 1949 quoted in Cohen, at pp. 35-37. Siegfried noted, among other things, the stark distinction between the identities of French and English-speaking Canadians. [47] Brian Moore, Canada. New York: Time-Life Books, 1963, quoted in Cohen, The Unfinished Canadianat pp. 31-33, commenting on the lack of a hero culture in Canada: "There are no heroes in the wilderness. Only fools take risks." [48] Andrew H. Malcolm, The Canadians: A Probing Yet Affectionate Look at the Land and the People Markham: Fitzhenry & Whiteside Ltd., 1985, quoted in Cohen, The Unfinished Canadian at pp. 44 to 47. "Canadians always seemed to be apologizing for something. It was so ingrained." [49] Saul, Reflections of a Siamese Twin, p. 293 [50] Official Languages Commissioner Graham Fraser is quoted in the Hill Times, August 31, 2009, p. 14. [51] Saul, Reflections of a Siamese Twin p. 88. [52] Saul Reflections of a Siamese Twin at p. 91 [53] Saul, Reflections of a Siamese Twin p. 93 [54] Saul, Reflections of a Siamese Twin p. 41. [55] Jasper Trautsch, "Review of Whose War of 1812? Competing Memories of the Anglo-American Conflict," Reviews in History (review no. 1387) 2013; Revise 2014, accessed: 10 December 2015 [56] Government of Canada, "The War of 1812, Historical Overview, Did You Know?" [57] Trautsch, "Review of Whose War of 1812? Competing Memories of the Anglo-American Conflict" [58] "The Indians and the fur merchants of Montreal had lost in the end," says Randall White, Ontario: 1610-1985 p. 75 [59] Dwight L. Smith, "A North American Neutral Indian Zone: Persistence of a British Idea" Northwest Ohio Quarterly 1989 61(2-4): 46-63 [60] Francis M. Carroll (2001). A Good and Wise Measure: The Search for the Canadian-American Boundary, 1783-1842. U of Toronto Press. p. 24. [61] Fred Landon, Western Ontario and the American Frontier (1941) p. 44; see also Gerald M. Craig, Upper Canada: The Formative Years, 1784-1841 (1963) [62] Morton, Kingdom of Canada 1969 pp 206-7 [63] Arthur Ray in Craig Brown ed. Illustrated History of Canada (2000) p 102. [64] J. M. Bumsted, Peoples of Canada (2003) 1:244-45 [65] John Herd Thompson and Stephen J. Randall, Canada and the United States (2008) p. 23 [66] There is no mention of the historians in the announcement of "Great 1812 Canadian Victory Party" [67] Gwyn, The Man Who Made Us What We Are, p. 365. [68] Richard Gwyn, Nationalism Without Walls: The Unbearable Lightness of Being Canadian, Toronto: McClelland & Stewart, 1996 [69] Cohen, The Unfinished Canadianp. 162 [70] Cohen, The Unfinished Canadian pp. 163-164 [71] See also: Resnick, The European Roots of Canadian Identity, quote: "But let us not make diversity a substitute for broader aspects of national identity or turn multiculturalism into a shibboleth because we are unwilling to reaffirm underlying values that make Canada what it has become. And those values, I repeat again, are largely European in their derivation, on both the English-speaking and French—speaking sides." at p. 64. [72] Saul, p. 8. [73] Saul, Reflections of a Siamese Twin, p. 9. [74] Panizza 2005 [75] "On the origin of an aphorism", PETER GZOWSKI, 24 May 1996, The Globe and Mail, page A15 Bibliography - Cohen, Andrew (2008). The Unfinished Canadian: The People We Are. Emblem ed. ISBN 978-0-7710-2286-9. - Studin, Irvin (2006). What is a Canadian?: forty-three thought-provoking responses. Marks & Spencer. ISBN 978-0-7710-8321-1 - Resnick, Philip (2005). The European Roots Of Canadian Identity. Peterborough, Ont.: Broadview Press. ISBN 1-55111-705-3. - Adams, Michael. Fire and Ice (2004) - Anderson, Alan B. Ethnicity in Canada: Theoretical Perspectives. (1981) - Association for Canadian Studies, ed. Canadian identity: Region, country, nation : selected proceedings of the 24th Annual Conference of the Association for Canadian Studies, held at Memorial ... June 6–8, 1997 (1998) - Bashevkin, Sylvia B. True Patriot Love: The Politics of Canadian Nationalism (1991), - Carl Berger, The Sense of Power: Studies in the Ideas of Canadian Imperialism, 1867-1914 (1970). - Berton, Pierre Why we act like Canadians: A personal exploration of our national character - Charles Blattberg (2003) Shall We Dance? A Patriotic Politics for Canada. McGill-Queen's University Press. ISBN 0-7735-2596-3. - John Bartlet Brebner, North Atlantic Triangle: The Interplay of Canada, the United States, and Great Britain, (1945) - Breton, Raymond. "The production and allocation of symbolic resources: an analysis of the linguistic and ethnocultural fields in Canada." Canadian Review of Sociology and Anthropology 1984 21:123-44. - Andrew Cohen. While Canada Slept: How We Lost Our Place in the World (2004), on foreign affairs - Cook, Ramsay. The Maple Leaf Forever (1977), essays by historian - Copeland, Douglas (2002) Souvenir of Canada. Douglas & McIntyre. ISBN 1-55054-917-0. - Copeland, Douglas - Kearney, Mark; Randy Ray (2009). The Big Book of Canadian Trivia. Dundurn Press. ISBN 978-1-55488-417-9 - Leslie Dawn. National Visions, National Blindness: Canadian Art and Identities in the 1920s (2007) - Will Ferguson. Why I Hate Canadians (2007), satire - Fleras, Angie and Jean Leonard Elliot. Multiculturalism in Canada: The Challenge of Diversity 1992 . - Stephanie R. Golob. "North America beyond NAFTA? Sovereignty, Identity and Security in Canada-U.S. Relations." Canadian-American Public Policy. 2002. pp 1+. online version - Hurtig, Mel. The Vanishing Country: Is It Too Late to Save Canada? (2003), left-wing perspective - Mahmood Iqbal, "The Migration of High-Skilled Workers from Canada to the United States:Empirical Evidence and Economic Reasons" (Conference Board of Canada, 2000) online version - Jackson, Sabine. Robertson Davies And the Quest for a Canadian National Identity (2006) - Jones, David T., and David Kilgour. Uneasy Neighbors: Canada, The USA and the Dynamics of State, Industry and Culture (2007) - Keohane, Kieran. Symptoms of Canada: An Essay on the Canadian Identity (1997) - Kim, Andrew E. "The Absence of Pan-Canadian Civil Religion: Plurality, Duality, and Conflict in Symbols of Canadian Culture." Sociology of Religion. 54#3. 1993. pp 257+ online version - Lipset, Seymour Martin, Noah Meltz, Rafael Gomez, and Ivan Katchanovski. The Paradox of American Unionism: Why Americans Like Unions More Than Canadians Do, but Join Much Less (2004) - Lipset, Seymour Martin. Continental Divide: The Values and Institutions of the United States and Canada (1990) - Little, J.I. . Borderland Religion: The Emergence of an English-Canadian Identity, 1792-1852 (2004) - Mackenzie, David, ed. Canada and the First World War (2005) - Magocsi, Paul Robert, ed. Encyclopedia of Canada's people (1999) - Matheson, John Ross. Canada's Flag: A Search for a Country. 1980 . - Mathews, Robin. Canadian Identity: Major Forces Shaping the Life of a People (1988) - Moogk, Peter; La Nouvelle France: The Making of French Canada: a Cultural History (2000) - Linda Morra. "'Like Rain Drops Rolling Down New Paint': Chinese Immigrants and the Problem of National Identity in the Work of Emily Carr." American Review of Canadian Studies. Volume: 34. Issue: 3. 2004. pp 415+. online version - W. I. Morton. The Canadian Identity (1968) - Francisco Panizza. Populism and the Mirror of Democracy(2005) - Philip Resnick. The European Roots of Canadian Identity (2005) - Peter Russell (ed.), Nationalism in Canada (1966) - Joe Sawchuk. The Metis of Manitoba: Reformulation of an ethnic identity (1978) - Mildred A Schwartz. Public opinion and Canadian identity (1967) - Allan Smith. Canada - An American Nation?: Essays on Continentalism, Identity, and the Canadian Frame of Mind (1994) - David M. Thomas, ed. Canada and the United States: Differences that Count (1990) Second Edition - Wallin, Pamela "Current State, Future Directions: Canada - U.S. Relations" by Pamela Wallin (Canada's Consul General to New York); April 28, 2003 - William Watson, Globalization and the Meaning of Canadian Life (1998) - Matthias Zimmer and Angelika E. Sauer. A Chorus of Different Voices: German-Canadian Identities(1998) - Aleksandra Ziolkowska. Dreams and reality: Polish Canadian identities (1984) - Нохрин И.М. Общественно-политическая мысль Канады и становление национального самосознания. — Huntsville: Altaspera Publishing & Literary Agency , 2012. — 232 pp. — ISBN 978-1-105-76379-3 Further reading - Clift, Dominique, The Secret Kingdom: Interpretations of the Canadian Character. Toronto, Ont.: McClelland & Stewart, 1989. ISBN 0-7710-2161-5 External links - Canadian Identity from David Spencer's Canadian Inukshuk - pch.gc.ca - Canadian Society @ Culture.ca - Canadian Studies: A Guide to the Sources Canadian values Canadian values are the commonly shared ethical and human values of Canadians.¹ The major political parties have claimed explicitly that they uphold these values, but use generalities to specify them. Justin Trudeau after taking office as Prime Minister in 2015 tried to redefine what it means to be Canadian, saying that Canada lacks a core identity but does have shared values: There is no core identity, no mainstream in Canada....There are shared values — openness, respect, compassion, willingness to work hard, to be there for each other, to search for equality and justice. Those qualities are what make us the first postnational state.² Numerous scholars have tried to identify, measure and compare them with other countries. Baer et al argue that, "Questions of national character and regional culture have long been of interest to both Canadian and American social scientists. The Canadian literature has focussed largely on historical and structural reasons for regional distinctiveness and the possible role of regionalism in undermining a truly national Canadian character or ethos."³ However there are also critics who say that such a task is practically impossible.⁴ International comparisons When he began his study of Canada in the late 1940s, American sociologist Seymour Martin Lipset assumed Canadian and American values were practically identical. Further work led him to discover and to explore the differences. By 1968 he concluded: Canadian values fall somewhere between those of Britain and the United States, rather than being almost identical with those of the United States, as I had assumed.⁵ Lipset offered some theories of where the two societies differ, and why. That stimulated a large body of scholarship, with other scholars offering their own explanations and criticizing his.⁶ As a result, numerous academic studies compare Canadian values and beliefs with those of the United States, and sometimes they add in other countries as well. Lipset has explained his social science methodology: my conclusions [are] that the variations in North American history and social and geographic environments gave rise to two peoples who differ in significant ways from each other, although as I have repeatedly stressed, they are more similar than different, particularly in comparison with other nations. My chief methodological argument for focusing on Canada in order to learn about the United States is precisely that the two nations have so much in common. Focusing on small differences between countries which are alike can be more fruitful for understanding cultural effects than on large ones among highly similar nations. The former permits holding constant many variables, which the units have in common.⁷ Lipset presented numerous political and economic values on which he scored the U.S. as high and Canada as low. These included: individualism and competitiveness, entrepreneurship and high risk-taking, utopian moralism, inclination to political crusades, populist or anti-establishment and anti-elite tendencies, a God-and-country nationalism, and intolerance for ideological nonconformity.⁸ Historical origins: Revolution and counterrevolution Lipset argues that: Many writers seeking to account for value differences between the United States and Canada suggest that they stem in large part from the revolutionary origins of the United States and the counterrevolutionary history of Canada…. The Loyalist emigrés from the American Revolution and Canada's subsequent repeatedly aroused fears of United States encroachment fostered the institutionalization of a counterrevolutionary or conservative ethos. ⁹ ¹⁰ Canadian historian Arthur R. M. Lower argues: in its new wilderness home and its new aspect of British North Americanism, colonial Toryism made its second attempt to erect on American soil a copy of the English social edifice. From one point of view this is the most significant thing about the Loyalist movement; it withdrew a class concept of life from the south, moved it up north, and gave it a second chance. ¹¹ Religious factors Religious belief and behavior are possible candidates in searching for the sources of values. Lipset looked to religion as one of the causes of differentiation compared to the United States. He stated: America remains under the strong influence of the Protestant sects. Its northern neighbor adheres to two churches, Catholic and Anglican, and an ecumenical Protestant denomination (the United Church of Canada) that has moved far from the sectarian origins of its component units toward churchlike communitarian values. The overwhelming majority of Canadians (eighty-seven percent) belong to these three mainline denominations. Conservative evangelicals--groups of Baptists, Nazarenes, Pentecostals, Adventists, and so on--constitute only seven percent of Canadians....Clearly, the different religious traditions of the two countries help to explain much of their varying secular behavior and belief.¹² Hoover and Reimer agree and update Lipset with a plethora of recent survey statistics, while noting that the differences narrowed since 1990, especially in the Prairie provinces. They stress that in the early 21st century 87% of Canadians belonged to cooperative churches, whereas 20% of Americans were Baptists and many more were evangelicals, fundamentalists or members of new religions who tended to behave in a more sectarian fashion; these elements, they argue, made for a higher level of religious and political conservatism and intolerance in the U.S.¹³ Regionalism Baer, Grabb and Johnston argue that: The pattern of regional cultures is not significantly affected or defined by the national border separating Canada and the United States. Instead...with a few exceptions, the map of regional cultures involves three major segments: a relatively left-liberal Quebec, a more conservative Southern United States, and a comparatively moderate sector that largely encompasses the remainder of the two countries.¹⁴ Description A 2013 Statistics Canada survey found that an "overwhelming majority" of Canadians shared the values of human rights (with 92% of respondents agreeing that they are a shared Canadian value), respect for the law (92%) and gender equality (91%). There was considerably less agreement among Canadians over whether ethnic and cultural diversity, linguistic duality, and respect for aboriginal culture were also shared Canadian values.¹⁵ According to the Canadian Index of Well Being at the University of Waterloo, Canadian values include: + fairnesss + inclusion + democracy + economic security + safety + sustainability + diversity + equity + health¹⁶ Monarchy Michael Ignatieff, the Liberal leader in 2009-11, in 2004 rooted Canadian values in a historic loyalty to the Crown.¹⁷ Likewise the Conservative Party in 2009 pointed to support for the monarchy as a core Canadian value.¹⁸ Shaping foreign policy John Diefenbaker, the Conservative Prime Minister 1957-63, was reluctant to use Canadian values as a criterion for deciding on foreign policies. For example, Jason Zorbas argues that human rights abuses in Argentina and Brazil did not affect relations with those countries.¹⁹ However his successor, Lester Pearson, the Liberal Prime Minister (1963–68), called in 1967 for a foreign policy "based on Canadian considerations, Canadian values and Canadian interests."²⁰ Under Conservative Brian Mulroney, Prime Minister 1984 to 1993, according to scholar Edward Akuffo: Canadian foreign policy witnessed the integration of development and security issues and the foreign policy agenda when Canada participated in development projects as well as in peacekeeping operations....Mulroney's policy initiatives...[marked] the critical juncture for the revamping of 'Canada's moral identity' after the Cold War....The concept of Canada's moral identity is consistent with what others call the 'branding of Canada' in the international arena through the projection of Canadian values and culture.²¹ Jean Chrétien, the Liberal Prime Minister (1993-2003), showed little interest in foreign policy. Political scientists Patrick James, Nelson Michaud and Marc J. O'Reilly argue that, "This plain-speaking politician built his career on defending traditional Canadian values and promoting middle-class policies."²² Egalitarianism, social equality, and peace While Liberal and Conservative politicians claimed to represent Canadian values, so too did socialists and forces on the left. Ian MacKay argues that, thanks to the long-term political impact of "Rebels, Reds, and Radicals", and allied leftist political elements, "egalitarianism, social equality, and peace... are now often simply referred to...as 'Canadian values.'"²³ Education Historic educational ideals in Canada, contrasted to the United States, have been more elitist, with an emphasis on training church and political elites along British lines.²⁴ ²⁵ In 1960, for example, 9.2 percent of Canadians aged 20 to 24 were enrolled in higher education, compared to 30.2 percent in the United States. Even at the secondary level, enrollments were higher in the United States.²⁶ According to surveys in the late 1950s of citizens and educators by Lawrence Downey: Canadians, as a group, assigned considerably higher priority than did Americans to knowledge, scholarly attitudes, creative skills, aesthetic appreciation, and morality, as outcomes of schooling. Americans emphasized physical development, citizenship, patriotism, social skills, and family living much more than did Canadians.²⁷ The United States has long emphasized vocational, technical and professional education, while the Canadian schools resist their inclusion.²⁸ Ivor F. Goodson and Ian R. Dowbiggin have explored the battle over vocational education in London, Ontario, in the 1900-1930 era, a time when American cities were rapidly expanding their vocational offerings. The London Technical and Commercial High School came under heavy attack from the city's social and business elite, which saw the school as a threat to the budget of the city's only academic high school, London Collegiate Institute.²⁹ Public universities Most post-secondary institutions in Canada are public universities which means they are funded by the provincial government, but they are not owned by the provinces. In contrast, public universities in the United States are owned and controlled by state governments, and there are many private universities, including such schools as Harvard, Yale, Princeton, Chicago and Stanford.³⁰ See also: List of universities in Canada § List of public universities Canadian Charter of Rights and Freedoms Main article: Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms, heavily promotes by Prime Minister Pierre Trudeau, was adopted in 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 that embody those rights. Even before he entered politics, Trudeau had developed his concept of the charter primarily as an expression of common Canadian values.³¹ Trudeau said that thanks to the Charter, Canada itself could now be defined: Canada is a society where all people are equal and where they share some fundamental values based upon freedom. The search for this Canadian identity, as much as my philosophical views, had led me to insist on the charter.³² Multiculturalism Main article: Multiculturalism in Canada The enormous ethnic variety of the population of Canada in recent decades has led to an emphasis on "multiculturalism." Sociologist N. M. Sussman says, "The tenets of this concept permitted and subtly encouraged the private maintenance of ethnic values while simultaneously insisting on minimal public adherence to Canadian behaviors and to Canadian values." As result, immigrants to Canada are more likely to maintain the values and attitudes of both the home and of the host culture, compared to similar immigrants to Australia, the United Kingdom, or the United States.³³ Andrew Griffith argues that, "89 percent of Canadians believe that foreign-born Canadians are just as likely to be good citizens as those born in Canada....But Canadians clearly view multiculturalism in an integrative sense, with an expectation that new arrivals will adopt Canadian values and attitudes." Griffith adds that, "There are virtually no differences between Canadian-born and foreign-born with respect to agreement to abide by Canadian values (70 and 68 percent, respectively)."³⁴ Gender equality and the role of women In 2016, the workforce participation rate for Canadian women was 70.2% (78.4% for males).³⁵ Some believe that Elsie MacGill defined Canadian values. She was a pioneer for women in engineering and business, a war hero and a role model.³⁶ Section 15 of the Canadian Charter of Rights and Freedoms prohibits discrimination on the basis of sex. In contrast, in the United States the Equal Rights Amendment was never ratified. Section 1 of that amendment would have granted "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." Citing Canadian values, Canadian courts have rejected assertions that violence against women is in some circumstances acceptable because of one's religious and cultural beliefs. In the R v. Humaid decision, Justice Rutherford of the Ontario Superior Court of Justice stated: Wife-murder may seem especially repugnant to our Canadian value fabric when cultural considerations that are contrary to our Canadian values figure prominently. However it must be borne in mind here that the Court of Appeal found "no air of reality" to the applicant's claim that religious and cultural beliefs resulted in his being severely provoked by what his wife said to him.³⁷ Publicly funded health care Universal access to publicly funded health services "is often considered by Canadians as a fundamental value that ensures national health care insurance for everyone wherever they live in the country." ³⁸ Survey research in the 1990s showed that: When asked, "What makes you most proud of Canada?" one in three Canadians volunteered, "Our health-care system." When asked a reversed version of the American health-care scenario, "Would you support political union [with the U.S.] if it meant a private health-care system?" The reply was a resounding 'no'.³⁹ Barbaric Cultural Practices issue Certain cultural practices were called "Barbaric" and made illegal in 2015, when the Zero Tolerance for Barbaric Cultural Practices Act was enacted by the Canadian federal government.⁴⁰ ⁴¹ ⁴² In the 2015 general election Conservatives pitched their policy "as an issue of Canadian values....The Conservatives expanded the issue, announcing a proposed RCMP hotline that would allow Canadians to report the existence of 'barbaric cultural practices' in the country." These targeted practices included polygamy, forced marriage and early marriage (i.e. child marriage).⁴³ The 2015 act criminalizes certain conduct related to early and forced marriage ceremonies, including the act of removing a child from Canada for the purpose of such marriages.⁴⁴ Memorial to the Victims of Communism – Canada, a Land of Refuge The Memorial to the Victims of Communism – Canada, a Land of Refuge is located in Ottawa. It is being constructed to bring the suffering of "the millions of victims Communism" into the public's consciousness. Many of the victims fled to Canada "seeking peace, order, democracy, and liberty." ⁴⁵ The memorial is expected to be completed in 2018. According to Ms. Mélanie Joly, the Minister of Canadian Heritage, "Commemorative monuments play a key role in reflecting the character, identity, history and values of Canadians".⁴⁶ She complained that the previous Harper government had made the project too controversial. Her new Liberal government has moved the site and cut its budget.⁴⁷ Screening immigrants for anti-Canadian values Canadian politicians have proposed rejecting immigrants who have anti-Canadian values such as: + intolerance toward other religions, cultures, genders, and sexual orientations + reluctance to embrace Canadian freedoms⁴⁸ Kellie Leitch, a candidate for leadership candidate for the Conservative Party of Canada, is among the proponents of this type of screening.⁴⁸ See also: Kellie Leitch § Controversy In 2016, an Environics public opinion poll found that 54 per cent of Canadians agree that "there are too many immigrants coming into this country who are not adopting Canadian values." ⁴⁹ ⁵⁰ Province of Quebec Bill 101 - Charter of the French Language The Charter of the French Language is Quebec legislation that makes French the official language of Quebec.⁵¹ Among other things, the Charter requires: - all administrative government documents to be drafted and published in French - the language of instruction from kindergarten to secondary school to be French Quebec Charter of Values The Quebec Charter of Values is legislation that was proposed in the Quebec legislature in 2013 but which was not enacted into law.⁵² It would ban public sector employees from wearing conspicuous religious symbols. Article 5 in Chapter II states: In the exercise of their functions, personnel members of public bodies must not wear objects such as headgear, clothing, jewelry or other adornments which, by their conspicuous nature, overtly indicate a religious affiliation.⁵³ Justin Trudeau has been a champion of the "Canadian Charter of Rights and Freedoms"; he opposed the "Quebec Charter of Values." He stated: "Prohibiting someone from wearing a hijab or a kippah is not compatible with Quebec and Canadian values."⁵⁴ Distinct society Proposed changes to the Canadian Constitution included adding the phrase "distinct society" to the Constitution Act, 1867 to recognizes the uniqueness of Quebec as compared with the rest of Canada.⁵⁵ ⁵⁶ Controversy Defining Canadian values is problematic if the goal is to identify values that are universally held. According to Canadian Broadcasting Corporation reporter Neil MacDonald, there are "precious few notions that can accurately be described as universally held Canadian values."⁵⁷ According to journalist Lysiane Gagnon, Canadians "don't share common values." She notes that while many ideas - such as medicare, bilingualism, and multiculturalism - are sometimes characterized as Canadian values, "many Canadians are against all or some of these."⁵⁸ Canadian sociologist Vic Satzewich has argued that "coming up with a universal set of our nation's values would be impossible."⁵⁹ The Institute for Canadian Values sponsored advertisements against the teaching of certain sexual education topics in the Ontario school curriculum and discriminated against transsexual, transgender, and intersex persons. The advertisements were controversial and quickly discontinued.⁶⁰ Nationalism and its potential adverse impact on foreign policy Scholars have asked whether shared values underpin national identity.⁶¹ Denis Stairs links the concept of Canadian values with nationalism. Stairs, the McCulloch Professor in Political Science at Dalhousie University, has argued that there is indeed an intense widespread belief in the existence of Canadian values, but says that belief can itself be harmful. He contends that: [Canadians typically] think of themselves not as others are, but as morally superior. They believe, in particular, that they subscribe to a distinctive set of values - Canadian values - and that those values are special in the sense of being unusually virtuous. A prominent effect of that belief is that it has put them in serious danger of misunderstanding the true origins of their behaviour, on the one hand, and of doing significant damage to the effectiveness of their diplomacy, both next door and overseas, on the other.⁶² Stairs also argues that, "first billing is usually given in received lists of Canadian values to 'multiculturalism'...as a means of challenging the premises of nationalism in Quebec."⁶³ See also - Anti-Canadianism - Canadian identity - Center for Research-Action on Race Relations - English Canadian - Etiquette in North America - French Canadian - Just Society - National identity - Nativism (politics) - Western culture References [1] Douglas Baer, Edward Grabb, and William Johnston, "National character, regional culture, and the values of Canadians and Americans." Canadian Review of Sociology/Revue canadienne de sociologie 30.1 (1993): 13-36. [2] Quoted in Guy Lawson, "Trudeau's Canada, Again: With support from President Obama and the legacy of his father on his side, Justin Trudeau sets out to redefine what it means to be Canadian," New York Times Dec. 8, 2015 [3] Baer, Grabb, and Johnston, "National character, regional culture, and the values of Canadians and Americans." (1993) p 13. [4] Neil MacDonald (September 13, 2016). "A very short list of Canadian values: Neil Macdonald". Canadian Broadcasting Corporation. Retrieved 31 December 2016. [5] S. M. Lipset, Agrarian Socialism: The Cooperative Commonwealth Federation in Saskatchewan, a Study in Political Sociology (1950; revised edition 1968) p xv [6] Doug Baer, et al. "The values of Canadians and Americans: A critical analysis and reassessment." Social Forces 68.3 (1990): 693-713. [7] Lipset, "Defining Moments and Recurring Myths: A Reply" Canadian Review of Sociology & Anthropology (2001) 38#1 pp 97-100. [8] Seymour M. Lipset, "The Canadian Identity," International Journal of Canadian Studies (2006), Issue 33, pp 83-98. [9] S.M. Lipset, Revolution and Counterrevolution: Change and persistence in social structures (2nd ed, 1970) p. 55. [10] J.M.S. Careless, Canada: A story of challenge (Cambridge UP, 1963), pp 111-13. [11] A.R.M. Lower, From Colony to Nation (1946), p 114. [12] Lipset, Continental Divide (1990) PP 88-89. [13] Dennis R. Hoover and Samuel H. Reimer. "Things That Make for a Peaceable Kingdom: An Overview of Christianity and 'Cooperativeness' across the Continental Divide." Journal of Ecumenical Studies 41.2 (2004): 205. [14] Douglas Baer, Edward Grabb, and William Johnston, "National character, regional culture, and the values of Canadians and Americans." Canadian Review of Sociology/Revue canadienne de sociologie 30.1 (1993): 13-36. [15] Canada, Government of Canada, Statistics. "Canadian Identity, 2013". [16] "Reflecting Canadian values". Canadian Index of Well Being. Retrieved 31 December 2016. [17] D. Michael Jackson (2013). The Crown and Canadian Federalism. Dundurn. pp. 18–19. [18] Shibao Guo; Lloyd Wong (2015). Revisiting Multiculturalism in Canada: Theories, Policies and Debates. SensePublishers. p. 63. [19] Jason Gregory Zorbas (2011). Diefenbaker and Latin America: The Pursuit of Canadian Autonomy. Cambridge Scholars Publishing. p. 115. [20] Robert A. Spencer (1958). Canadian Foreign Policy, Conservative Style. Canadian Institute of International Affairs. p. 14. [21] Edward Ansah Akuffo (2016). Canadian Foreign Policy in Africa: Regional Approaches to Peace, Security, and Development. Taylor & Francis. p. 41. [22] Patrick James et al. eds. (2006). Handbook of Canadian Foreign Policy. Books. p. 514. [23] Ian McKay (2005). Rebels, Reds, Radicals: Rethinking Canada's Left History. Between The Lines. p. 181. [24] Seymour Martin Lipset, Revolution and Counterrevolution (2nd ed, 1970) pp 40-44 [25] Craig Crawford and James Curtis. "English Canadian-American differences in value orientations: Survey comparisons bearing on Lipset's thesis." Studies in Comparative International Development 14.3-4 (1979): 23-44. [26] Richard A. Wanner, "Educational inequality: Trends in twentieth-century Canada and the United States." Comparative Social Research 9.1 (1986): 986+ [27] Lawrence William Downey, The task of public education: The perceptions of people (Midwest Administration Center, University of Chicago, 1960), Quoted in Lipset, Revolution and Counterrevolution, p 42. [28] Lipset, Revolution and Counterrevolution p 41 [29] Ivor F. Goodson and Ian R. Dowbiggin, "Vocational education and school reform: the case of the London (Canada) Technical School, 1900-1930" History of Education Review (1991) 20#1: 39–60. [30] Theresa Shanahan; et al. (2016). The Handbook of Canadian Higher Education. MQUP. pp. 49–52. [31] Gerald Kernerman; Philip Resnick (2005). Insiders and Outsiders: Alan Cairns and the Reshaping of Canadian Citizenship. UBC Press. p. 171. [32] Pierre Elliott Trudeau (1993). Memoirs. McClelland & Stewart. p. 323. [33] Chan Kwok-bun (2012). International Handbook of Chinese Families. Springer. p. 59. [34] Andrew Griffith (2015). Multiculturalism In Canada: Evidence and Anecdote. p. 50. [35] "27th Actuarial Report on the Canada Pension Plan" (PDF). Government of Canada. p. 18. Retrieved 2 January 2017. [36] Cristina Amon; Mary Wells; Kim Woodhouse (December 6, 2016). "MacGill defined Canadian values". The Whig. Retrieved 31 December 2016. [37] "Queen v Adi Abdel Humaid". paragraphs 23 and 24: Ontario Superior Court of Justice. August 25, 2015. Retrieved 5 January 2017. [38] "The Health of Canadians – The Federal Role". 17.1 Universality: Parliament of Canada. Retrieved 5 January 2017. [39] Ronald F. Inglehart; et al. (1996). The North American Trajectory: Cultural, Economic, and Political Ties Between the United States, Canada, and Mexico. Transaction Publishers. p. 146. [40] "Barbaric Cultural Practices Act". Retrieved 31 December 2016. [41] Ashley Csanady (June 17, 2015). "'Barbaric Cultural Practices' bill to criminalize forced marriage, tackle 'honour killings' passes final vote". National Post. Retrieved 31 December 2016. [42] "Zero Tolerance for Barbaric Cultural Practices Act". Government of Canada. Retrieved 1 January 2017. [43] Jon H. Pammett; Christopher Dornan (2016). The Canadian Federal Election of 2015. Dundurn. p. 220. [44] "Archived - Zero Tolerance for Barbaric Cultural Practices Act receives Royal Assent - Canada News Centre". News.gc.ca. Retrieved 2017-01-01. [45] "Memorial to the Victims of Communism". Retrieved 15 January 2017. [46] "Minister Joly Launches Public Consultations on the Memorial to the Victims of Communism –Canada A Land of Refuge". Government of Canada. Retrieved 15 January 2017. C1 control character in |title= at position 89 (help) [47] Don Butler, "Victims of communism memorial to be moved, Joly announces," 00 Ottawa Citizen December 17, 2015 [48] Bruce Campion-Smith (September 10, 2016). "Canadians favour screening would-be immigrants for 'anti-Canadian' values, poll shows". Toronto Star. Retrieved 31 December 2016. [49] "Jedwab: Politicians should show some honesty on 'Canadian values' pitch". Ottawa Citizen. December 11, 2016. Retrieved 31 December 2016. [50] Angus Reid (October 4, 2016). "Canadians aren't as accepting as we think — and we can't ignore it, writes Angus Reid". Canadian Broadcasting Corporation. p. English. Retrieved 31 December 2016. [51] Richard Y. Bourhis, ed., Conflict and Language Planning in Quebec (1984). [52] Charles Tessier and Éric Montigny. "Untangling myths and facts: Who supported the Québec Charter of Values?" French Politics 14.2 (2016): 272-285. [53] Trygve Ugland, "The Quebec Charter of Values: A Solution in Search of Problems." Journal of Eastern Townships Studies 42 (2014): 11+ online [54] Huguette Young (2016). Justin Trudeau: The Natural Heir. Dundurn. p. 129. [55] Michael Burgess, "Ethnicity, nationalism and identity in Canada‐Quebec relations: The case of Quebec's 'distinct society'." Journal of Commonwealth & Comparative Politics 34.2 (1996): 46-64. [56] Richard Johnston and Andre Blais. "Meech Lake and Mass Politics: The'Distinct Society'Clause." Canadian Public Policy/Analyse de Politiques (1988): S25-S42. online [57] "A very short list of Canadian values: Neil Macdonald". [58] Gagnon, Lysiane. "Citizenship Rules for Homebodies." The Globe and Mail, Dec 19, 1998. [59] "Kellie Leitch misses the point about immigration". [60] Heather Shipley, "Queering Institutions?: Sexual Identity in Public Education in a Canadian Context." Feminist Teacher 23.3 (2013): 196-210. [61] Alisa Henderson and Nicola McEwen. "Do shared values underpin national identity? Examining the role of values in national identity in Canada and the United Kingdom." National Identities 7.2 (2005): 173-191. [62] Denis Stairs, "Myths, Morals, and Reality in Canadian Foreign Policy" International Journal 58#2 (2003) pp. 239-256 in JSTOR [63] Stairs, "Myths, morals, and reality in Canadian foreign policy," p 247 Further reading - Alston, Jon P., Theresa M. Morris, and Arnold Vedlitz. "Comparing Canadian and American values: New evidence from national surveys." American Review of Canadian Studies 26.3 (1996): 301-314. - Baer, Doug, et al. "The values of Canadians and Americans: A critical analysis and reassessment." Social Forces 68.3 (1990): 693-713. - Baer, Douglas, Edward Grabb, and William Johnston. "National character, regional culture, and the values of Canadians and Americans." Canadian Review of Sociology/Revue canadienne de sociologie 30.1 (1993): 13-36. - Baer, Douglas, et al. "Respect for authority in Canada, the United States, Great Britain and Australia." Sociological Focus 28.2 (1995): 177-195. - Basil, Debra Z. "Charitable donations as a reflection of national values: An exploratory comparison of Canada and the United States." Journal of Nonprofit & Public Sector Marketing 18.1 (2007): 1-19. - Hoover, Dennis R., and Samuel H. Reimer. "Things That Make for a Peaceable Kingdom: An Overview of Christianity and 'Cooperativeness' across the Continental Divide." Journal of Ecumenical Studies 41.2 (2004): 205+ online - Hoover, Dennis R. et al. "Evangelical Protestantism Meets the Continental Divide: Moral and Economic Conservatism in the United States and Canada," Political Research Quarterly 55#3 (June, 2002): 351-374. - Lipset, S.M. Continental divide: The values and institutions of the United States and Canada (1991). - Katchanovski, Ivan, Neil Nevitte, and Stanley Rothman. "Race, Gender, and Affirmative Action Attitudes in American and Canadian Universities." The Canadian Journal of Higher Education 45.4 (2015): 18. - Moon, C. David, Nicholas P. Lovrich Jr, and John C. Pierce. "Political culture in Canada and the United States: comparing social trust, self-esteem, and political liberalism in major Canadian and American Cities." Social science quarterly (2000): 826-836. in jSTOR External links - Canadian Index of Well Being - University of Waterloo - Exploring Canadian values - Nanos Research Provinces and territories Geography of Canada The geography of Canada describes the geographic features of Canada, the world's second largest country in total area. Situated in northern North America (constituting 41% of the continent's area), Canada spans a vast, diverse territory between the North Pacific Ocean to the west and the North Atlantic Ocean to the east and the Arctic Ocean to the north (hence the country's motto "From sea to sea"), with the United States to the south (contiguous United States) and northwest (Alaska). Greenland is to the northeast; off the southern coast of Newfoundland lies Saint-Pierre and Miquelon, an overseas collectivity of France. Since 1925, Canada has claimed the portion of the Arctic between 60°W and 141°W longitude to the North Pole; however, this claim is contested.¹ While the magnetic North Pole lies within the Canadian Arctic territorial claim as of 2011, recent measurements indicate it is moving towards Siberia.² Covering 9,984,670 km² or 3,855,100 sq mi (land: 9,093,507 km² or 3,511,023 sq mi; freshwater: 891,163 km² or 344,080 sq mi), Canada is slightly less than three-fifths as large as Russia and slightly smaller than Europe. In total area, Canada is slightly larger than both the U.S. and China; however, Canada ranks fourth in land area (i.e. total area minus the area of lakes and rivers)—China is 9,326,410 km² (3,600,950 sq mi) and the U.S. is 9,161,923 km² (3,537,438 sq mi)³ The population of Canada, some 35,749,600 as of April 2015, is concentrated in the south in proximity to its border with the contiguous U.S.; with a population density of 3.5 people per square kilometre (9.1/sq mi), it is one of the most sparsely populated countries in the world. The northernmost settlement in Canada—and in the world—is Canadian Forces Station (CFS) Alert (just north of Alert, Nunavut) on the northern tip of Ellesmere Island at 82°30′N 62°19′W, just 834 kilometres (518 mi) from the North Pole. Climate Main article: Climate of Canada Canada has a diverse climate. The climate varies from temperate on the west coast of British Columbia⁴ to a subarctic climate in the north.⁵ Extreme northern Canada can have snow for most of the year with a Polar climate.⁶ Landlocked areas tend to have a warm summer continental climate zone⁷ with the exception of Southwestern Ontario which has a hot summer humid continental climate.⁸ Parts of Western Canada have a semi-arid climate, and parts of Vancouver Island can even be classified as cool summer Mediterranean climate.⁶ Temperature extremes in Canada range from 45.0 °C (113 °F) in Midale and Yellow Grass, Saskatchewan on July 5, 1937 to −63.0 °C (−81.4 °F) in Snag, Yukon on Monday, February 3, 1947.⁹ Physical geography Canada covers 9,984,670 km² (3,855,100 sq mi) 9,984,670 km² (3,855,103 sq. miles) and a panoply of various geoclimatic regions. There are 8 main regions.²⁹ Canada also encompasses vast maritime terrain, with the world's longest coastline of 243,042 kilometres (151,019 mi).³⁰ The physical geography of Canada is widely varied. Boreal forests prevail throughout the country, ice is prominent in northerly Arctic regions and through the Rocky Mountains, and the relatively flat Canadian Prairies in the southwest facilitate productive agriculture.²⁹ The Great Lakes feed the St. Lawrence River (in the southeast) where lowlands host much of Canada's population. Appalachian Mountains The Appalachian mountain range extends from Alabama through the Gaspé Peninsula and the Atlantic Provinces, creating rolling hills indented by river valleys.³¹ It also runs through parts of southern Quebec.³¹ The Appalachian mountains (more specifically the Notre Dame and Long Range Mountains) are an old and eroded range of mountains, approximately 380 million years in age. Notable mountains in the Appalachians include Mount Jacques-Cartier (Quebec, 1,268 m or 4,160 ft and Mount Carleton (New Brunswick, 817 m or 2,680 ft).³² Parts of the Appalachians are home to a rich endemic flora and fauna and are considered to have been nunataks during the last glaciation era. Great Lakes and St. Lawrence Lowlands The southern parts of Quebec and Ontario, in the section of the Great Lakes (bordered entirely by Ontario on the Canadian side) and St. Lawrence basin (often called St. Lawrence Lowlands), is another particularly rich sedimentary plain.³⁴ Prior to its colonization and heavy urban sprawl of the 20th century, this Eastern Great Lakes lowland forests area was home to large mixed forests covering a mostly flat area of land between the Appalachian Mountains and the Canadian Shield.³⁵ Most of this forest has been cut down through agriculture and logging operations, but the remaining forests are for the most part heavily protected. In this part of Canada the Gulf of St. Lawrence is one of the world's largest estuary (see Gulf of St. Lawrence lowland forests).³⁶ While the relief of these lowlands is particularly flat and regular, a group of batholites known as the Monteregian Hills are spread along a mostly regular line across the area.³⁷ The most notable are Montreal's Mount Royal and Mont Saint-Hilaire. These hills are known for a great richness in precious minerals.³⁷ Canadian Shield The northeastern part of Alberta, northern parts of Saskatchewan, Manitoba, Ontario, and Quebec, as well as most of Labrador (the mainland portions of the province of Newfoundland and Labrador), are located on a vast rock base known as the Canadian Shield. The Shield mostly consists of eroded hilly terrain and contains many lakes and important rivers used for hydroelectric production, particularly in northern Quebec and Ontario. The shield also encloses an area of wetlands, the Hudson Bay lowlands. Some particular regions of the Shield are referred to as mountain ranges, including the Torngat and Laurentian Mountains.³⁸ The Shield cannot support intensive agriculture, although there is subsistence agriculture and small dairy farms in many of the river valleys and around the abundant lakes, particularly in the southern regions. Boreal forest covers much of the shield, with a mix of conifers that provide valuable timber resources in areas such as the Central Canadian Shield forests ecoregion that covers much of Northern Ontario. The region is known for its extensive mineral reserves.³⁸ The Canadian Shield is known for its vast minerals, such as emeralds, diamonds and copper. The Canadian shield is also called the mineral house. Canadian Interior Plains The Canadian Prairies are part of a vast sedimentary plain covering much of Alberta, southern Saskatchewan, and southwestern Manitoba, as well as much of the region between the Rocky Mountains and the Great Slave and Great Bear lakes in Northwest Territories. The plains generally describes the expanses of (largely flat) arable agricultural land which sustain extensive grain farming operations in the southern part of the provinces. Despite this, some areas such as the Cypress Hills and Alberta Badlands are quite hilly and the prairie provinces contain large areas of forest such as the Mid-Continental Canadian forests. The size is roughly ~1,900,000 km² (733,594.1 sq mi). Western Cordillera The Canadian Cordillera, contiguous with the American cordillera, is bounded by the Rocky Mountains to the east and the Pacific Ocean to the west. The Canadian Rockies are part of a major continental divide that extends north and south through western North America and western South America. The Columbia and the Fraser Rivers have their headwaters in the Canadian Rockies and are the second and third largest rivers respectively to drain to the west coast of North America. To the west of their headwaters, across the Rocky Mountain Trench, is a second belt of mountains, the Columbia Mountains, comprising the Selkirk, Purcell, Monashee and Cariboo Mountains sub-ranges. Immediately west of the Columbia Mountains is a large and rugged Interior Plateau, encompassing the Chilcotin and Cariboo regions in central British Columbia (the Fraser Plateau), the Nechako Plateau further north, and also the Thompson Plateau in the south. The Peace River Valley in northeastern British Columbia is Canada's most northerly agricultural region, although it is part of the Prairies. The dry, temperate climate of the Okanagan Valley in south central British Columbia provides ideal conditions for fruit growing and a flourishing wine industry; the semi-arid belt of the Southern Interior also includes the Fraser Canyon, and Thompson, Nicola, Similkameen, Shuswap and Boundary regions and fruit-growing is common in these areas also, and also in the West Kootenay. Between the plateau and the coast is the province's largest mountain range, the Coast Mountains. The Coast Mountains contain some of the largest temperate-latitude icefields in the world. On the south coast of British Columbia, Vancouver Island is separated from the mainland by the continuous Juan de Fuca, Georgia, and Johnstone Straits. Those straits include a large number of islands, notably the Gulf Islands and Discovery Islands. North, near the Alaskan border, Haida Gwaii lies across Hecate Strait from the North Coast region and to its north, across Dixon Entrance from Southeast Alaska. Other than in the plateau regions of the Interior and its many river valleys, most of British Columbia is coniferous forest. The only temperate rain forests in Canada are found along the Pacific Coast in the Coast Mountains, on Vancouver Island, and on Haida Gwaii, and in the Cariboo Mountains on the eastern flank of the Plateau. The Western Cordillera continues northwards past the Liard River in northernmost British Columbia to include the Mackenzie and Selwyn Ranges which lie in the far western Northwest Territories and the eastern Yukon Territory. West of them is the large Yukon Plateau and, west of that, the Yukon Ranges and Saint Elias Mountains, which include Canada's and British Columbia's highest summits, Mount Saint Elias in the Kluane region and Mount Fairweather in the Tatshenshini-Alsek region. The headwaters of the Yukon River, the largest and longest of the rivers on the Pacific Slope, lie in northern British Columbia at Atlin and Teslin Lakes. Volcanoes Main article: Volcanology of Canada Western Canada has many volcanoes and is part of the Pacific Ring of Fire, a system of volcanoes found around the margins of the Pacific Ocean. There are over 200 young volcanic centres that stretch northward from the Cascade Range to Yukon. They are grouped into five volcanic belts with different volcano types and tectonic settings. The Northern Cordilleran Volcanic Province was formed by faulting, cracking, rifting, and the interaction between the Pacific Plate and the North American plate. The Garibaldi Volcanic Belt was formed by subduction of the Juan de Fuca Plate beneath the North American Plate. The Anahim Volcanic Belt was formed as a result of the North American Plate sliding westward over the Anahim hotspot. The Chilcotin Group is believed to have formed as a result of back-arc extension behind the Cascadia subduction zone. The Wrangell Volcanic Field formed as a result of subduction of the Pacific Plate beneath the North American Plate at the easternmost end of the Aleutian Trench. Volcanism has also occurred in the Canadian Shield. It contains over 150 volcanic belts (now deformed and eroded down to nearly flat plains) that range from 600 million to 2.8 billion years old. Many of Canada's major ore deposits are associated with Precambrian volcanoes. There are pillow lavas in the Northwest Territories that are about 2.6 billion years old and are preserved in the Cameron River Volcanic Belt. The pillow lavas in rocks over 2 billion years old in the Canadian Shield signify that great oceanic volcanoes existed during the early stages of the formation of the Earth's crust. Ancient volcanoes play an important role in estimating Canada's mineral potential. Many of the volcanic belts bear ore deposits that are related to the volcanism. Canadian Arctic Main article: Northern Canada While the largest part of the Canadian Arctic is composed of seemingly endless permafrost and tundra north of the tree line, it encompasses geological regions of varying types: the Arctic Cordillera (with the British Empire Range and the United States Range on Ellesmere Island) contains the northernmost mountain system in the world. The Arctic Lowlands and Hudson Bay lowlands comprise a substantial part of the geographic region often designated as the Canadian Shield (in contrast to the sole geologic area). The ground in the Arctic is mostly composed of permafrost, making construction difficult and often hazardous, and agriculture virtually impossible. The Arctic, when defined as everything north of the tree line, covers most of Nunavut and the northernmost parts of Northwest Territories, Yukon, Manitoba, Ontario, Quebec, and Labrador. Hydrography BC AB SK MB ON QC NB PE NS NL YT NT NU Drainage basins of Canada Canada holds vast reserves of water: its rivers discharge nearly 9% of the world's renewable water supply,³⁹ it contains a quarter of the world's wetlands, and it has the third largest amount of glaciers (after Antarctica and Greenland). Because of extensive glaciation, Canada hosts more than two million lakes: of those that are entirely within Canada, more than 31,000 are between 3 and 100 square kilometres (1.2 and 38.6 sq mi) in area, while 563 are larger than 100 km² (38.6 sq mi).⁴⁰ Rivers See also: List of rivers of Canada Canada's two longest rivers are the Mackenzie, which empties into the Arctic Ocean and drains a large part of northwestern Canada, and the St. Lawrence, which drains the Great Lakes and empties into the Gulf of St. Lawrence. The Mackenzie is over 4,200 km (2,600 mi) in length while the St. Lawrence is over 3,000 km (1,900 mi) in length. Rounding out the ten longest rivers within Canada are the Nelson, Churchill, Peace, Fraser, North Saskatchewan, Ottawa, Athabasca and Yukon rivers.⁴¹ Drainage basins See also: List of rivers of Canada The Atlantic watershed drains the entirety of the Atlantic provinces (parts of the Quebec-Labrador border are fixed at the Atlantic Ocean-Arctic Ocean continental divide), most of inhabited Quebec and large parts of southern Ontario. It is mostly drained by the economically important St. Lawrence River and its tributaries, notably the Saguenay, Manicouagan and Ottawa rivers. The Great Lakes and Lake Nipigon are also drained by the St. Lawrence. The Churchill River and Saint John River are other important elements of the Atlantic watershed in Canada.⁴² The Hudson Bay watershed drains over a third of Canada. It covers Manitoba, northern Ontario and Quebec, most of Saskatchewan, southern Alberta, southwestern Nunavut and the southern half of Baffin Island. This basin is most important in fighting drought in the prairies and producing hydroelectricity, especially in Manitoba, northern Ontario and Quebec. Major elements of this watershed include Lake Winnipeg, Nelson River, the North Saskatchewan and South Saskatchewan Rivers, Assiniboine River, and Nettilling Lake on Baffin Island. Wollaston Lake lies on the boundary between the Hudson Bay and Arctic Ocean watersheds and drains into both. It is the largest lake in the world that naturally drains in two directions.⁴² The continental divide in the Rockies separates the Pacific watershed in British Columbia and Yukon from the Arctic and Hudson Bay watersheds. This watershed irrigates the agriculturally important areas of inner British Columbia (such as the Okanagan and Kootenay valleys), and is used to produce hydroelectricity. Major elements are the Yukon, Columbia and Fraser rivers.⁴² The northern parts of Alberta, Manitoba and British Columbia, most of Northwest Territories and Nunavut, and parts of Yukon are drained by the Arctic watershed. This watershed has been little used for hydroelectricity, with the exception of the Mackenzie River, the longest river in Canada. The Peace, Athabasca and Liard Rivers, as well as Great Bear Lake and Great Slave Lake (respectively the largest and second largest lakes wholly enclosed by Canada) are significant elements of the Arctic watershed. Each of these elements eventually merges with the Mackenzie, thereby draining the vast majority of the Arctic watershed.⁴² The southernmost part of Alberta drains into the Gulf of Mexico through the Milk River and its tributaries. The Milk River originates in the Rocky Mountains of Montana, then flows into Alberta, then returns into the United States, where it is drained by the Missouri River. A small area of southwestern Saskatchewan is drained by Battle Creek, which empties into the Milk River.⁴² Floristic geography Main article: Ecoregions of Canada (disambiguation) See also: Flora of Canada and Fauna of Canada Canada has produced a Biodiversity Action Plan in response to the 1992 international accord; the plan addresses conservation of endangered species and certain habitats. The main biomes of Canada are: - Tundra - Boreal forest - Mixed forest - Broadleaf forest - Prairies - Rocky Mountains, vegetation includes various types of tundra and forests - Temperate coniferous forests, of which the Temperate rain forests of coastal British Columbia is an example. Political geography Canada is divided into ten provinces and three territories. According to Statistics Canada, 72.0 percent of the population is concentrated within 150 kilometres (93 mi) of the nation's southern border with the United States, 70.0% live south of the 49th parallel, and over 60 percent of the population lives along the Great Lakes and St. Lawrence River between Windsor, Ontario and Quebec City. This leaves the vast majority of Canada's territory as sparsely populated wilderness; Canada's population density is 3.5 people/km² (9.1/mi²), among the lowest in the world. Despite this, 79.7 percent of Canada's population resides in urban areas, where population densities are increasing. Canada shares with the U.S. the world's longest undefended border at 8,893 kilometres (5,526 mi); 2,477 kilometres (1,539 mi) are with Alaska. The Danish island dependency of Greenland lies to Canada's northeast, separated from the Canadian Arctic islands by Baffin Bay and Davis Strait. The French islands of Saint-Pierre and Miquelon lie off the southern coast of Newfoundland in the Gulf of St. Lawrence and have a maritime territorial enclave within Canada's Exclusive Economic Zone. Canada also shares a land border with Denmark, as maps released in December 2006 show that the agreed upon boundaries run through the middle of Hans Island.⁴³ Canada's geographic proximity to the United States has historically bound the two countries together in the political world as well. Canada's position between the Soviet Union (now Russia) and the U.S. was strategically important during the Cold War since the route over the North Pole and Canada was the fastest route by air between the two countries and the most direct route for intercontinental ballistic missiles. Since the end of the Cold War, there has been growing speculation that Canada's Arctic maritime claims may become increasingly important if global warming melts the ice enough to open the Northwest Passage. Similarly, the disputed—and tiny—Hans Island (with Denmark), in the Nares Strait between Ellesmere Island and northern Greenland, may be a flashpoint for challenges to overall claims of Canadian sovereignty in the Arctic.⁴³ Natural resources See also: History of the petroleum industry in Canada Canada's abundance of natural resources is reflected in their continued importance in the economy of Canada. Major resource-based industries are fisheries, forestry, agriculture, petroleum products and mining. The fisheries industry has historically been one of Canada's strongest. Unmatched cod stocks on the Grand Banks off Newfoundland launched this industry in the 16th century. Today these stocks are nearly depleted, and their conservation has become a preoccupation of the Atlantic Provinces. On the West Coast, tuna stocks are now restricted. The less depleted (but still greatly diminished) salmon population continues to drive a strong fisheries industry. Canada claims 22 km (12 nmi) of territorial sea, a contiguous zone of 44 km (24 nmi), an exclusive economic zone of 370 km (200 nmi) and a continental shelf of 370 km (200 nmi) or to the edge of the continental margin. Forestry has long been a major industry in Canada. Forest products contribute one fifth of the nation's exports. The provinces with the largest forestry industries are British Columbia, Ontario and Quebec. Fifty-four percent of Canada's land area is covered in forest. The boreal forests account for four-fifths of Canada's forestland. Five per cent of Canada's land area is arable, none of which is for permanent crops. Three per cent of Canada's land area is covered by permanent pastures. Canada has 7,200 square kilometres (2,800 mi²) of irrigated land (1993 estimate). Agricultural regions in Canada include the Canadian Prairies, the Lower Mainland and various regions within the Interior of British Columbia, the St. Lawrence Basin and the Canadian Maritimes. Main crops in Canada include flax, oats, wheat, maize, barley, sugar beets and rye in the prairies; flax and maize in Western Ontario; Oats and potatoes in the Maritimes. Fruit and vegetables are grown primarily in the Annapolis Valley of Nova Scotia, Southwestern Ontario, the Golden Horseshoe region of Ontario, along the south coast of Georgian Bay and in the Okanagan Valley of British Columbia. Cattle and sheep are raised in the valleys and plateaus of British Columbia. Cattle, sheep and hogs are raised on the prairies, cattle and hogs in Western Ontario, sheep and hogs in Quebec, and sheep in the Maritimes. There are significant dairy regions in central Nova Scotia, southern New Brunswick, the St. Lawrence Valley, northeastern Ontario, southwestern Ontario, the Red River valley of Manitoba and the valleys in the British Columbia Interior, on Vancouver Island and in the Lower Mainland. Fossil fuels are a more recently developed resource in Canada, with oil and gas being extracted from deposits in the Western Canadian Sedimentary Basin since the mid 1900s. While Canada's crude oil deposits are fewer, technological developments in recent decades have opened up oil production in Alberta's Oil Sands to the point where Canada now has some of the largest reserves of oil in the world. In other forms, Canadian industry has a long history of extracting large coal and natural gas reserves. Canada's mineral resources are diverse and extensive. Across the Canadian Shield and in the north there are large iron, nickel, zinc, copper, gold, lead, molybdenum, and uranium reserves. Large diamond concentrations have been recently developed in the Arctic, making Canada one of the world's largest producers. Throughout the Shield there are many mining towns extracting these minerals. The largest, and best known, is Sudbury, Ontario. Sudbury is an exception to the normal process of forming minerals in the Shield since there is significant evidence that the Sudbury Basin is an ancient meteorite impact crater. The nearby, but less known Temagami Magnetic Anomaly has striking similarities to the Sudbury Basin. Its magnetic anomalies are very similar to the Sudbury Basin, and so it could be a second metal-rich impact crater.⁴⁴ The Shield is also covered by vast boreal forests that support an important logging industry. Canada's many rivers have afforded extensive development of hydroelectric power. Extensively developed in British Columbia, Ontario, Quebec and Labrador, the many dams have long provided a clean, dependable source of energy. Natural hazards See also: Drought in Canada and Drought Research Initiative Continuous permafrost in the north is a serious obstacle to development. Cyclonic storms form east of the Rocky Mountains, a result of the mixing of air masses from the Arctic, Pacific, and North American interior, and produce most of the country's rain and snow east of the mountains. Current environmental issues Main article: Environmental issues in Canada Air pollution and resulting acid rain severely affects lakes and damages forests.⁴⁵ Metal smelting, coal-burning utilities, and vehicle emissions impact agricultural and forest productivity. And ocean waters are becoming contaminated from agricultural, industrial, mining, and forestry activities.⁴⁵ Global climate change and the warming of the polar region will likely cause significant changes to the environment, including loss of the polar bear,⁴⁶ the exploration for resource then the extraction of these resources and an alternative transport route to the Panama Canal through the Northwest Passage. Extreme points Main article: Extreme points of Canada See also: Extreme points of Canadian provinces The northernmost point within the boundaries of Canada is Cape Columbia, Ellesmere Island, Nunavut 83°06′40″N 69°58′19″W / 83.111°N 69.972°W.⁴⁷ The northernmost point of the Canadian mainland is Zenith Point on Boothia Peninsula, Nunavut 72°00′07″N 94°39′18″W / 72.002°N 94.655°W.⁴⁸ The southernmost point is Middle Island, in Lake Erie, Ontario (41°41′N, 82°40′W); the southernmost water point lies just south of the island, on the Ontario–Ohio border (41°40′35″N). The southernmost point of the Canadian mainland is Point Pelee, Ontario 41°54′32″N 82°30′32″W / 41.909°N 82.509°W.⁴⁹ The westernmost point is Boundary Peak 187 (60°18′22.929″N, 141°00′7.128″W) at the southern end of the Yukon–Alaska border which is roughly following 141°W but leans very slightly east as it goes North 60°18′04″N 141°00′36″W / 60.301°N 141.010°W.⁵⁰ ⁵¹ The easternmost point is Cape Spear, Newfoundland (47°31′N, 52°37′W) 47°31′23″N 52°37′08″W / 47.523°N 52.619°W.⁵² The easternmost point of the Canadian mainland is Elijah Point, Cape St. Charles, Labrador (52°13′N, 55°37′W) 52°13′01″N 55°37′16″W / 52.217°N 55.621°W.⁵³ The lowest point is sea level at 0 m, whilst the highest point is Mount Logan, Yukon, at 5,959 m / 19,550 ft 60°34′01″N 140°24′18″W / 60.567°N 140.405°W.⁵⁴ The Canadian pole of inaccessibility is allegedly near Jackfish River, Alberta (Latitude: 59°2′ 60 N, Longitude: 112°49′ 60 W). The furthest straight-line distance that can be travelled to Canadian points of land is between the northwest tip of Ivvavik National Park (at Clarence Lagoon) and Cripple Cove, NL (near Cape Race) at a distance of 2,785.13 nautical miles (5,158.06 km; 3,205.07 mi). See also BC AB SK MB ON QC NB PE NS NL YT NT NU Geography by province - Atlas of Canada - Canadian Geographic - Canadian Rockies - Extreme points of North America - List of highest points of Canadian provinces and territories - List of Ultras of Canada - Mountain peaks of Canada - Temperature in Canada References [1] Atlas of Canada (April 2004). "Canada territorial evolution". Retrieved 2007-03-01. [2] Geological Survey of Canada. "Longterm movement of the magnetic north pole". Government of Canada. Retrieved 2009-03-20. [3] "World Factbook: Area Country Comparison Table". Yahoo Education. Retrieved 2008-06-17. [4] "Canadian Climate Normals 1971–2000". Environment Canada. Retrieved 19 March 2013. [5] Timoney, K.P.; la Roi, G.H.; Zoltai, S.C.; Robinson, A.L. (1991). "The High Subarctic Forest-Tundra of Northwestern Canada: Position, Width, and Vegetation Gradients in Relation to Climate" (PDF). University of Calgary. Retrieved 2008-03-02. [6] Kottek, M.; J. Grieser; C. Beck; B. Rudolf; F. Rubel (2006). "World Map of the Köppen-Geiger climate classification updated". Meteorol. Z. 15 (3): 259–263. doi:10.1127/0941-2948/2006/0130. Retrieved 2007-02-15. [7] "Updated world map of the Köppen-Geiger climate classification" (PDF). University of Melbourne. Retrieved 19 March 2013. [8] "Updated world map of the Köppen-Geiger climate classification" (PDF). University of Melbourne. Retrieved 19 March 2013. [9] Weather records Statistics Canada. Accessed 2009-02-10. [10] "Calgary International Airport". Canadian Climate Normals 1981–2010. Environment Canada. Retrieved May 8, 2014. [11] "Charlottetown A". Canadian Climate Normals 1981–2010. Environment Canada. Retrieved October 8, 2013. [12] "Edmonton City Centre Airport". Canadian Climate Normals 1981–2010. Environment Canada. August 19, 2013. Retrieved September 10, 2013. [13] "Fredericton CDA". Canadian Climate Normals 1981–2010. Environment Canada. Retrieved 12 May 2014. [14] "Halifax Citadel". Canadian Climate Normals 1981–2010. Environment Canada. September 22, 2015. Retrieved 24 March 2016. [15] "Iqaluit A". Canadian Climate Normals 1981–2010. Environment Canada. Climate ID: 2402590. Retrieved February 24, 2014. [16] ."Canadian Climate Normals 1981–2010 Station Data". Environment Canada. Retrieved May 14, 2015. [17] "Ottawa Macdonald Cartier International Airport". Canadian Climate Normals 1981–2010. Environment Canada. Retrieved May 8, 2014. [18] "Quebec/Jean Lesage International Airport". Canadian Climate Normals 1981–2010. Environment Canada. Retrieved 8 May 2014. [19] "Regina International Airport". Canadian Climate Normals 1981–2010. Environment Canada. Retrieved 12 May 2014. [20] "Saskatoon Diefenbaker International Airport". Canadian Climate Normals 1981–2010. Environment Canada. Retrieved May 12, 2014. [21] "St John's A". Canadian Climate Normals 1981–2010. Environment Canada. June 2011. Retrieved 16 March 2014. [22] "1981 to 2010 Canadian Climate Normals". Environment Canada. 2014-02-13. Climate ID: 6158350. Retrieved February 24, 2014. [23] "Whitehorse A". Canadian Climate Normals 1981–2010. Environment Canada. Climate ID: 2101300. Retrieved 2014-07-30. [24] "Windsor Airport". Canadian Climate Normals 1981–2010. Environment Canada. Retrieved April 12, 2014. [25] "Winnipeg Richardson International Airport". Canadian Climate Normals 1981–2010. Environment Canada. Retrieved May 7, 2014. [26] "1981 to 2010 Canadian Climate Normals". Environment Canada. 2015-09-22. Climate ID: 1108447. Retrieved 2016-05-09. [27] "Victoria Gonzales Heights". Canadian Climate Normals 1971–2000. Environment Canada. Retrieved 29 April 2016. [28] "Yellowknife A". Canadian Climate Normals 1981–2010. Environment Canada. Climate ID: 2204100. Retrieved 2015-03-10. [29] R. W. McColl (September 2005). Encyclopedia of world geography. Infobase Publishing. p. 135. ISBN 978-0-8160-5786-3. Retrieved 22 November 2011. [30] "Geography". www.statcan.gc.ca. Retrieved 2016-03-04. [31] Peter Haggett (July 2001). Encyclopedia of World Geography. Marshall Cavendish. pp. 78–. ISBN 978-0-7614-7289-6. Retrieved 22 November 2011. [32] Joseph A. DiPietro (2012). Landscape Evolution in the United States: An Introduction to the Geography, Geology, and Natural History. Newnes. p. 400. ISBN 978-0-12-397806-6. [33] Natural Resources Canada (2004-04-05). "Significant Canadian Facts". Natural Resources Canada. Retrieved 2006-05-16. [34] Bryan Pezzi (2006). The St. Lawrence Lowlands. Weigl Educational Publishers. p. 32. ISBN 978-1-55388-152-0. [35] Wayne Grady; David Suzuki Foundation (26 September 2007). The Great Lakes: the natural history of a changing region. Greystone/David Suzuki Fdtn. p. 17. ISBN 978-1-55365-197-0. [36] Peter J. Wangersky (2006). Estuaries. Springer. p. 122. ISBN 978-3-540-00270-3. [37] Joseph Anthony Mandarino; Violet Anderson (1989). Monteregian treasures: the minerals of Mont Saint-Hilaire, Quebec. CUP Archive. p. 131. ISBN 978-0-521-32632-2. [38] George Philip and Son; Oxford University Press (2002). Encyclopedic World Atlas. Oxford University Press. p. 68. ISBN 978-0-19-521920-3. [39] Atlas of Canada (February 2004). "Distribution of Freshwater". Retrieved 2007-02-01. [40] Atlas of Canada (April 2004). "Facts about Canada – Lakes". Archived from the original on April 10, 2007. Retrieved 2007-03-01. [41] "Rivers: Longest rivers in Canada". Environment Canada. July 22, 2013. Retrieved December 28, 2014. [42] "Drainage Basin". thecanadianencyclopedia. Retrieved 2008-02-21. [43] "Satellite imagery moves Hans Island boundary: report". CBC News. The Canadian Press. 2007-07-26. Retrieved 2011-02-27. [44] 3-D Magnetic Imaging using Conjugate Gradients: Temagami anomaly Retrieved on 2008-03-13 [45] David R Boyd (2011). Unnatural Law: Rethinking Canadian Environmental Law and Policy. UBC Press. pp. 67–69. ISBN 978-0-7748-4063-7. [46] "The Committee on the Status of Endangered Wildlife in Canada". Government of Canada. Retrieved 2008-11-07. [47] Cape Columbia in the Atlas of Canada [48] Zenith Point in the Atlas of Canada [49] Point Pelee in the Atlas of Canada [50] "141st Meridian Boundary Points". International Boundary Commission. Retrieved 2010-12-20. [51] Boundary Peak 187 in the Atlas of Canada [52] Cape Spear, Newfoundland in the Atlas of Canada [53] Elijah Point, Labrador in the Atlas of Canada [54] Mount Logan, Yukon in the Atlas of Canada Further reading - Bailey, William G; Oke, TR; Rouse, Wayne R (1997). The surface climates of Canada. McGill-Queen's University Press. ISBN 0-7735-1672-7. - Etkin, David; Haque, CE; Brooks, Gregory R (2003). An Assessment of Natural Hazards and Disasters in Canada. Springer. ISBN 978-1-4020-1179-5. - Drushka, Ken (2003), Canada's forests: a history, McGill-Queen's University Press, ISBN 0-7735-2660-9 - Feldhamer, George A; Bruce Carlyle Thompson; Joseph A. Chapman (2003). Wild mammals of North America (2nd ed.). Johns Hopkins University Press. ISBN 0801874165 - Fick, Steven (2004). The Canadian atlas: our nation, environment and people. Douglas & McIntyre. ISBN 0888507704 - Hudson, John C (2002). Across this land: a regional geography of the United States and Canada. Johns Hopkins University Press. ISBN 0-8018-6567-0 - French, Hugh M; Olav Slaymaker (1993). Canada's Cold Environments. McGill-Queen's University Press. ISBN 0-7735-0925-9 - Nils, John Macoun; Conrad Kindberg (1883). "Catalogue of Canadian plants". Geological Survey of Canada External links - Government of Canada – The Atlas of Canada - Canadian Geographic – The Canadian Atlas Online This article incorporates public domain material from the CIA World Factbook website https://www.cia.gov/library/publications/the-world-factbook/index.html. Provinces and territories of Canada "Canadian Province" redirects here. For "Canadian Province" as used in biology, see Circumboreal Region. Canada's geography is divided into administrative divisions known as provinces and territories that are responsible for delivery of sub-national governance. When Canada was formed in 1867, three provinces of British North America—New Brunswick, Nova Scotia and the Province of Canada (which, on the formation of Canada, was divided into Ontario and Quebec)—were united to form a federated colony, which eventually became a sovereign nation in the next century. Over its history, Canada's international borders have changed several times, and the country has grown from the original four provinces to the current ten provinces and three territories. The ten provinces are Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, and Saskatchewan. Several of the provinces were former British colonies, Quebec was originally a French colony, while others were added as Canada grew. The three territories are Northwest Territories, Nunavut, and Yukon, which govern the rest of the area of the former British North America. Together, the provinces and territories make up the world's second-largest country by area. The major difference between a Canadian province and a territory is that provinces receive their power and authority from the Constitution Act, 1867 (formerly called the British North America Act, 1867), whereas territorial governments have powers delegated to them by the Parliament of Canada. The powers flowing from the Constitution Act are divided between the federal government and the provincial governments to exercise exclusively. A change to the division of powers between the federal government and the provinces requires a constitutional amendment, whereas a similar change affecting the territories can be performed unilaterally by the Parliament of Canada or government. In modern Canadian constitutional theory, the provinces are considered to be co-sovereign divisions and each province has its own "Crown" represented by the lieutenant governor. The territories are not sovereign, but simply part of the federal realm, and have a commissioner who represents the federal government. Location of provinces and territories A clickable map of Canada exhibiting its ten provinces and three territories, and their capitals. Provinces Notes: [1] De facto; French has limited constitutional status. [2] Charter of the French Language; English has limited constitutional status. [3] Nova Scotia dissolved cities in 1996 in favour of regional municipalities; its largest regional municipality is therefore substituted. [4] Nova Scotia has very few bilingual statutes (three in English and French; one in English and Polish); some Government bodies have legislated names in both English and French. [5] Section Sixteen of the Canadian Charter of Rights and Freedoms. [6] Manitoba Act. Provincial legislature buildings - British Columbia Parliament Buildings - Alberta Legislative Building - Saskatchewan Legislative Building - Manitoba Legislative Building - Ontario Legislative Building - Parliament Building (Quebec) - Confederation Building (Newfoundland and Labrador) - New Brunswick Legislative Building - Province House (Nova Scotia) - Province House (Prince Edward Island) Territories There are three territories in Canada. Unlike the provinces, the territories of Canada have no inherent sovereignty and have only those powers delegated to them by the federal government.⁸ ⁹ ¹⁰ They include all of mainland Canada north of latitude 60° north and west of Hudson Bay, as well as most islands north of the Canadian mainland (from those in James Bay to the Canadian Arctic islands). The following table lists the territories in order of precedence (each province has precedence over all the territories, regardless of the date each territory was created). Territorial legislature buildings - Yukon Legislative Building - Northwest Territories Legislative Building - Legislative Building of Nunavut Territorial evolution Main article: Territorial evolution of Canada See also: Former colonies and territories in Canada Ontario, Quebec, New Brunswick, and Nova Scotia were the original provinces, formed when several British North American colonies federated on July 1, 1867, into the Dominion of Canada and by stages began accruing the indicia of sovereignty from the United Kingdom.¹⁴ Prior to Confederation, Ontario and Quebec were united as the Province of Canada, only to be split in 1867. Over the following years, Manitoba (1870), British Columbia (1871), and Prince Edward Island (1873) were added as provinces.¹⁴ The Hudson's Bay Company controlled large swathes of western Canada referred to as Rupert's Land and the North-Western Territory until 1870, when it turned the land over to the Government of Canada.¹⁵ Subsequently, the area was re-organized into the province of Manitoba and the Northwest Territories.¹⁵ The Northwest Territories were vast at first, encompassing all of current northern and western Canada, except for the British holdings in the Arctic islands and the Colony of British Columbia; the Territories also included the northern two-thirds of Ontario and Quebec, and almost all of present Manitoba, with the 1870 province of Manitoba originally being confined to a small area in the south of today's province.¹⁶ The remaining Arctic islands were transferred by Britain to Canada in 1880, adding to the size of the Northwest Territories. 1898 saw the Yukon Territory, later renamed simply as Yukon, carved from the parts of the Northwest Territories surrounding the Klondike gold fields. On September 1, 1905, a portion of the Northwest Territories south of the 60th parallel north became the provinces of Alberta and Saskatchewan.¹⁶ In 1912, the boundaries of Quebec, Ontario and Manitoba were expanded northward: Manitoba's to the 60° parallel, Ontario's to Hudson Bay and Quebec's to encompass the District of Ungava.¹⁷ In 1869, the people of Newfoundland voted to remain a British colony over fears that taxes would increase with Confederation, and that the economic policy of the Canadian government would favour mainland industries.¹⁸ In 1907, Newfoundland acquired dominion status.¹⁹ In the middle of the Great Depression in Canada with Newfoundland facing a prolonged period of economic crisis, the legislature turned over political control to the Commission of Government in 1933.²⁰ Following Canada's participation in World War II, in a 1948 referendum, a narrow majority of Newfoundland citizens voted to join the Confederation, and on March 31, 1949, Newfoundland became Canada's tenth province.²¹ In 2001, it was officially renamed Newfoundland and Labrador.²² In 1903, the Alaska Panhandle Dispute fixed British Columbia's northwestern boundary.²³ This was one of only two provinces in Canadian history to have its size reduced. The second reduction, in 1927, occurred when a boundary dispute between Canada and the Dominion of Newfoundland saw Labrador increased at Quebec's expense – this land returned to Canada, as part of the province of Newfoundland, in 1949.²⁴ In 1999, Nunavut was created from the eastern portion of the Northwest Territories.²⁵ Yukon lies in the western portion of The North, while Nunavut is in the east.²⁶ All three territories combined are the most sparsely populated region in Canada, covering 3,921,739 km² (1,514,192 sq mi) in land area.⁵ They are often referred to as a single region, The North, for organisational and economic purposes.²⁷ For much of the Northwest Territories' early history it was divided into several districts for ease of administration.²⁸ The District of Keewatin was created as a separate territory from 1876 to 1905, after which, as the Keewatin Region, it became an administrative district of the Northwest Territories.²⁹ In 1999, it was dissolved when it became part of Nunavut. Government Main article: Canadian federalism See also: Monarchy in the Canadian provinces, Office-holders of Canada, and Legislative assemblies of Canadian provinces and territories Theoretically, provinces have a great deal of power relative to the federal government, with jurisdiction over many public goods such as health care, education, welfare, and intra-provincial transportation.³⁰ They receive "transfer payments" from the federal government to pay for these, as well as exacting their own taxes.³¹ In practice, however, the federal government can use these transfer payments to influence these provincial areas. For instance, in order to receive healthcare funding under Medicare, provinces must agree to meet certain federal mandates, such as universal access to required medical treatment.³¹ Provincial and territorial legislatures have no second chamber like the Canadian Senate. Originally, most provinces did have such bodies, known as legislative councils, with members titled councillors. These upper houses were abolished one by one, Quebec's being the last in 1968.³² In most provinces, the single house of the legislature is known as the Legislative Assembly; the exceptions are Nova Scotia and Newfoundland and Labrador, where the chamber is called the House of Assembly, and Quebec where it is called the National Assembly.³³ Ontario has a Legislative Assembly but its members are called Members of the Provincial Parliament or MPPs.³⁴ The legislative assemblies use a procedure similar to that of the Canadian House of Commons. The head of government of each province, called the premier, is generally the head of the party with the most seats.³⁵ This is also the case in Yukon, but the Northwest Territories and Nunavut have no political parties at the territorial level.³⁶ The Queen's representative to each province is the Lieutenant Governor.³⁷ In each of the territories there is an analogous Commissioner, but he or she represents the federal government rather than the monarch.³⁸ Provincial political parties Most provinces have rough provincial counterparts to major federal parties. However, these provincial parties are not usually formally linked to the federal parties that share the same name.³⁹ For example, no provincial Conservative or Progressive Conservative Party shares an organizational link to the federal Conservative Party of Canada, and neither do provincial Green Parties to the Green Party of Canada. Provincial New Democratic Parties, on the other hand, are fully integrated with the federal New Democratic Party – meaning that provincial parties effectively operate as sections, with common membership, of the federal party. The Liberal Party of Canada shares such an organizational integration with the provincial Liberals in New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island. Other provincial Liberal Parties are unaffiliated with their federal counterpart.³⁹ Some provinces have provincial political parties with no clear federal equivalent, such as the Alberta Party, Saskatchewan Party, and Wildrose Party. The provincial political climate of Quebec is quite different: the main split is between sovereignty, represented by the Parti Québécois and Québec solidaire, and federalism, represented primarily by the Quebec Liberal Party.⁴⁰ The Coalition Avenir Québec, meanwhile, takes an abstentionist position on the question and does not support or oppose sovereignty. Ceremonial territory The Canadian National Vimy Memorial, near Vimy, Pas-de-Calais, and the Beaumont-Hamel Newfoundland Memorial, near Beaumont-Hamel, France are ceremonially considered Canadian territory.⁴³ In 1922, the French government donated the land used for the Vimy Memorial "freely, and for all time, to the Government of Canada the free use of the land exempt from all taxes".⁴⁴ The site of the Somme battlefield near Beaumont-Hamel site was purchased in 1921 by the people of the Dominion of Newfoundland.⁴³ These sites do not, however, enjoy extraterritorial status and are thus subject to French law. Proposed provinces and territories Main article: Proposed provinces and territories of Canada Since Confederation in 1867, there have been several proposals for new Canadian provinces and territories. The Constitution of Canada requires an amendment for the creation of a new province⁴⁵ but the creation of a new territory requires only an act of Parliament;⁴⁶ therefore, it is easier legislatively to create a territory than a province. In late 2004, Prime Minister Paul Martin surprised some observers by expressing his personal support for all three territories gaining provincial status "eventually". He cited their importance to the country as a whole and the ongoing need to assert sovereignty in the Arctic, particularly as global warming could make that region more open to exploitation leading to more complex international waters disputes.⁴⁷ See also - Canadian provincial and territorial name etymologies + Canadian adjectival and demonymic forms of place names - Language policies of Canada's provinces and territories - List of areas disputed by Canada and the United States - List of regions of Canada - List of governments in Canada by annual expenditures - Commonwealth Local Government Forum-Americas - Provincial museums of Canada - List of Canada-related topics by provinces and territories + List of Canadian provinces and territories by area + List of Canadian provinces and territories by gross domestic product + List of Canadian provinces and territories by population + List of Canadian provincial and territorial symbols + List of Canadian provinces by unemployment rate - Canada – Wikipedia book References [1] "Provinces and Territories". Government of Canada. 2013. Retrieved August 6, 2013. [2] Place name (2013). "Census Profile". Statistic Canada. Retrieved August 6, 2013. [3] Reader's Digest Association (Canada); Canadian Geographic Enterprises (2004). The Canadian Atlas: Our Nation, Environment and People. Douglas & McIntyre. p. 41. ISBN 978-1-55365-082-9. [4] "Population and dwelling counts, for Canada, provinces and territories, 2016 and 2011 censuses – 100% data". Statistics Canada. February 6, 2017. Retrieved February 8, 2017. [5] "Land and freshwater area, by province and territory". Statistics Canada. 2005. Retrieved August 4, 2013. [6] Olivier Coche, François Vaillancourt, Marc-Antoine Cadieux, Jamie Lee Ronson (2012). "Official Language Policies of the Canadian Provinces" (PDF). Fraser Institute. Retrieved August 6, 2012. [7] "Guide to the Canadian House of Commons". Parliament of Canada. 2012. Retrieved August 6, 2013. [8] "Northwest Territories Act". Department of Justice Canada. 1986. Retrieved March 25, 2013. [9] "Yukon Act". Department of Justice Canada. 2002. Retrieved March 25, 2013. [10] Department of Justice Canada (1993). "Nunavut Act". Retrieved January 27, 2007. [11] Northwest Territories Official Languages Act, 1988 (as amended 1988, 1991–1992, 2003) [12] "OCOL – Statistics on Official Languages in Yukon". Office of the Commissioner of Official Languages. 2011. Retrieved August 6, 2013. [13] "Nunavut's Official Languages". Language Commissioner of Nunavut. 2009. Retrieved August 6, 2013. [14] Janet Ajzenstat (2003). Canada's Founding Debates. University of Toronto Press. p. 3. ISBN 978-0-8020-8607-5. [15] James Stuart Olson; Robert Shadle (1996). Historical Dictionary of the British Empire: A-J. Greenwood Publishing Group. p. 538. ISBN 978-0-313-29366-5. [16] Barry M. Gough (2010). Historical Dictionary of Canada. Wilfrid Laurier University. pp. 141–142. ISBN 978-0-8108-7504-3. [17] Atlas of Canada. "Territorial evolution". Retrieved January 27, 2007. [18] "Confederation Rejected: Newfoundland and the Canadian Confederation, 1864–1869: Newfoundland and Labrador Heritage". Newfoundland and Labrador Heritage. 2000. Retrieved July 29, 2013. [19] Sandra Clarke (2010). Newfoundland and Labrador English. Edinburgh University Press. p. 7. ISBN 978-0-7486-2617-5. [20] Trevor W. Harrison, John W. Friesen; Trevor Harrison; John W. Friesen (2010). Canadian Society in the Twenty-first Century: An Historical Sociological Approach. Canadian Scholars' Press. p. 115. ISBN 978-1-55130-371-0. [21] Raymond Benjamin Blake (1994). Canadians at Last: Canada Integrates Newfoundland As a Province. University of Toronto Press. p. 4. ISBN 978-0-8020-6978-8. [22] Fred M. Shelley (2013). Nation Shapes: The Story behind the World's Borders. ABC-CLIO. p. 175. ISBN 978-1-61069-106-2. [23] James Laxer (2010). The Border: Canada, the US and Dispatches From the 49th Parallel. Doubleday Canada. p. 215. ISBN 978-0-385-67290-0. [24] A. Oye Cukwurah (1967). The Settlement of Boundary Disputes in International Law. Manchester University Press. p. 186. GGKEY:EXSJZ7S92QE. [25] Johnson-shoyama-graduate School (2013). Governance and Public Policy in Canada: A View from the Provinces. University of Toronto Press. p. 19. ISBN 978-1-4426-0493-3. [26] Mark Nuttall (2012). Encyclopedia of the Arctic. Routledge. p. 301. ISBN 978-1-57958-436-8. [27] Organisation for Economic Co-operation and Development (2002). Oecd Territorial Reviews: Canada. OECD Publishing. p. 16. ISBN 978-92-64-19832-6. [28] Carl Waldman; Molly Braun (2009). Atlas of the North American Indian. Infobase Publishing. p. 234. ISBN 978-1-4381-2671-5. [29] McIlwraith, Thomas Forsyth; Edward K. Muller (2001). North America: The Historical Geography of a Changing Continent. Rowman & Littlefield. p. 359. ISBN 978-0-7425-0019-8. [30] Gregory S. Mahler (1987). New Dimensions of Canadian Federalism: Canada in a Comparative Perspective. Fairleigh Dickinson Univ Press. p. 86. ISBN 978-0-8386-3289-5. [31] Ian Peach (2007). Constructing Tomorrows Federalism: New Perspectives on Canadian Governance. Univ. of Manitoba Press. p. 52. ISBN 978-0-88755-315-8. [32] Jocelyn Maclure (2003). Quebec Identity: The Challenge of Pluralism. McGill-Queen's Press – MQUP. p. 162. ISBN 978-0-7735-7111-2. [33] Nathan Tidridge (2011). Canada's Constitutional Monarchy: An Introduction to Our Form of Government. Dundurn. p. 281. ISBN 978-1-4597-0084-0. [34] Laura Elizabeth Pinto (2012). Curriculum Reform in Ontario: 'Common-Sense' Policy Processes and Democratic Possibilities. University of Toronto Press. p. 325. ISBN 978-1-4426-6158-5. [35] Gordon Barnhart (2004). Saskatchewan Premiers of the Twentieth Century. University of Regina Press. p. 7. ISBN 978-0-88977-164-2. [36] Barry Scott Zellen (2009). On Thin Ice: The Inuit, the State, and the Challenge of Arctic Sovereignty. Lexington Books. p. 54. ISBN 978-0-7391-3280-7. [37] Nathan Tidridge (2011). Canada's Constitutional Monarchy. Dundurn. p. 94. ISBN 978-1-55488-980-8. [38] Corinna Pike; Christopher McCreery (2011). Canadian Symbols of Authority: Maces, Chains, and Rods of Office. Dundurn. p. 183. ISBN 978-1-4597-0016-1. [39] William Cross (2011). Political Parties. UBC Press. pp. 17–20. ISBN 978-0-7748-4111-5. [40] Alain-Gustave Gagnon (2000). The Canadian Social Union Without Quebec: 8 Critical Analyses. IRPP. pp. 209–210. ISBN 978-0-88645-184-4. [41] "Premiers". Parliament of Canada. Retrieved August 6, 2013. [42] "Lieutenant Governors and Territorial Commissioners". Parliament of Canada. Retrieved August 6, 2013. [43] John Wilson (2012). Failed Hope: The Story of the Lost Peace. Dundurn. p. 38. ISBN 978-1-4597-0345-2. [44] "Design and Construction of the Vimy Ridge Memorial". Veteran Affairs Canada. August 8, 1998. Retrieved July 20, 2007. [45] An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1)...notwithstanding any other law or practice, the establishment of new provinces. [46] Norman L. Nicholson (1979). The boundaries of the Canadian Confederation. McGill-Queen's Press – MQUP. pp. 174–175. ISBN 978-0-7705-1742-7. [47] CBC News (November 23, 2004). "Northern territories 'eventually' to be given provincial status". Retrieved January 27, 2007. Further reading Main article: Bibliography of Canadian provinces and territories - Keith Brownsey; Michael Howlett (2001). The Provincial State in Canada: Politics in the Provinces and Territories. University of Toronto Press. ISBN 978-1-55111-368-5. - Christopher Moore; Bill Slavin; Janet Lunn (2002). The Big Book of Canada: Exploring the Provinces and Territories. Random House Digital, Inc. ISBN 978-0-88776-457-8. - A. Paul Pross; Catherine A. Pross. Government Publishing in the Canadian Provinces: a Prescriptive Study. Toronto, Ont.: University of Toronto Press, 1972. ISBN 0-8020-1827-0 - Stephen Tomblin (1995). Ottawa and the Outer Provinces: The Challenge of Regional Integration in Canada. James Lorimer & Company. ISBN 978-1-55028-476-8. External links - Provincial and territorial government web sites – Service Canada - Provincial and territorial legislature web sites – Parliament of Canada - Difference between provinces and territories – Intergovernmental Affairs - Provincial and territorial statistics – Statistics Canada - Provincial and territorial immigration information – Citizenship and Immigration Canada - Canadian governments compared – University of Public Administration Former colonies and territories in Canada A number of states and polities formerly claimed colonies and territories in Canada prior to the evolution of the current provinces and territories under the federal system.¹ North America prior to colonization was occupied by a variety of Aboriginal polities of different complextions, from small independent band societies typical of the sparsely populated North, to loose confederacies made up of numerous hunting bands from a variety of ethnic groups (Plains region), to more structured confederacies of sedentary farming villages (Great Lakes region), to stratified hereditary structures centred on a fishing economy (Plateau and Pacific Coast regions).² The colonization of Canada by Europeans began in the 10th century, when Norsemen explored and, ultimately unsuccessfully, attempted to settle areas of the northeastern fringes of North America.³ Early permanent European settlements in what is now Canada included the late 16th and 17th century French colonies of Acadia and Canada (New France),⁴ the English colonies of Newfoundland (island) and Rupert's Land,⁵ the Scottish colonies of Nova Scotia and Port Royal.⁶ France relinquished nearly all of its colonies in North America in 1763 after the Seven Years' War to the British Empire.⁷ Britain's imperial government over a century later then ceded the land to Canadian control in 1867 after confederation.⁸ Since then, Canada's external borders have changed several times, and had grown from four initial provinces to ten provinces and three territories by 1999.⁹ Aboriginal societies Main articles: Classification of indigenous peoples of the Americas and Indigenous languages of the Americas Aboriginal peoples in what is now Canada did not form state societies, and in the absence of state structures, academics usually classify aboriginal people by their traditional "lifeway" (or primary economic activity) and ecological/climactic region into "culture areas", or by their language families.¹⁰ The Mi'kmaq in today's Maritimes were governed as seven separate "districts" with their own district chiefs and councils coordinated by the Grand Council meeting yearly on Cape Breton Island. Following their first conflict with the British invaders (King Philip's War) in 1677, the Mi'kmaq joined the wider Wabanaki Confederacy, an alliance with four other Algonquian-language nations: the Abenaki, Penobscot, Passamaquoddy, and Maliseet.¹¹ ¹² To the west around the Great Lakes Council of Three Fires was formed in 796 CE according to oral history, between the Ojibwa, Odawa and the Potawatomi.¹³ The five (later six) tribes of the Iroquois Confederacy, was united in 1142 CE according to their oral traditions.¹⁴ ¹⁵ There was also the four or possibly five tribes of the Huron Confederacy,¹⁶ both in the Great Lakes region. The Blackfoot Confederacy in present-day Alberta and neighbouring Montana originally consisted of three dialect groups of the same language (Peigan, Kainai, and Siksika [they can each be called "tribes"¹⁷ > but the Blackfoot as a whole are also referred to as a "tribe"¹⁸ reflecting the inconsistent usage of that term]) but they were later joined the completely unrelated Sarcee people. The Iron Confederacy of present-day Alberta and Saskatchewan consisted of numerous bands of mixed Plains Cree, Assiniboine, and Saulteaux people. The Indigenous peoples of the Pacific Northwest Coast and peoples of the Northwest Plateau developed highly structured cultures from relatively dense populations. Some cultures in this region were very similar and share certain elements, such as the importance of fishing to their communities.¹⁹ - Arctic cultural area – (Eskimo–Aleut languages) - Subarctic culture area – (Na-Dene languages – Algic languages) - Eastern Woodlands (Northeast) cultural area – (Algic languages and Iroquoian languages) - Plains cultural area – (Siouan–Catawban languages) - Northwest Plateau cultural area – (Salishan languages) - Northwest Coast cultural area – (Penutian languages, Tsimshianic languages and Wakashan languages) European colonization Further information: European colonization of the Americas and Timeline of the colonization of North America Norse settlement See also: Norse colonization of the Americas While the Norse colonies in Greenland lasted for almost 500 years, the continental North American settlements were small and did not develop into permanent colonies.²⁰ Vinland – Markland – Helluland are the names given to three lands possibly in Canada, discovered by Norsemen as described in the Eiríks saga rauða²¹ and Grœnlendinga saga.²² - L'Anse aux Meadows – settlement (carbon dating estimate 990–1050²³ ) Portuguese claims See also: Portuguese colonization of the Americas Based on the Treaty of Tordesillas the Portuguese Crown claimed it had territorial rights in the Atlantic waters visited by explorer John Cabot in 1497 and 1498.²⁴ In 1498 to 1500, the Portuguese mariner João Fernandes Lavrador visited the north Atlantic coast, accounting for the appearance of the name "Labrador" on topographical maps of the period.²⁵ In 1501 and 1502 Miguel and Gaspar Corte-Real explored present day Newfoundland claiming the land in the name of Portuguese Empire.²⁶ The extent and nature of Portuguese activity on the Canadian mainland during the 16th century remains unclear and controversial.²⁶ ²⁷ New France Further information: French colonization of the Americas In 1534, Jacques Cartier planted a cross in the Gaspé Peninsula and claimed the land in the name of Francis I of France.²⁸ In 1600, a trading post was established at Tadoussac, but only five of the sixteen settlers survived the winter and returned home that summer.²⁸ In 1604, the first year round permanent settlement was founded by Samuel de Champlain at Île-Saint-Croix on Baie Française (Bay of Fundy) which was moved to Port-Royal in 1605.²⁹ In 1608, Samuel de Champlain founded the city of Quebec with 28 men of whom 20 died from lack of food and from scurvy the first winter.²⁹ ³⁰ - New France – (1534 to 1763) – List of French forts in North America + Acadia – (1604 to 1713)³¹ + Canada (New France) – (1608 to 1763)³² + Île Royale (Cape Breton) - (1713–1763) + Isle Saint-Jean (PEI) – (1713–1763) + Pays d'en Haut (1639 to 1763) + Pays des Illinois (1673 to 1717) + Terre Neuve (Newfoundland) – (1610–1713) British North America See also: British colonization of the Americas and Scottish colonization of the Americas British colonization of the Americas (including colonization sponsored by both the Kingdom of England and Kingdom of Scotland before the 1707 Acts of Union which created the Kingdom of Great Britain) began in the late 16th century and reached its peak when colonies had been established throughout the Americas. The Kingdom of Great Britain acquired the French colony of Acadia in 1713 and then Canada, New France.³³ Great Britain also claimed the west coast of North America; indirectly via (from 1804) the North West Company and (after 1821) Hudson's Bay Company licenses west of the Rocky Mountains, the Columbia and New Caledonia fur districts, most of which were jointly claimed by the United States, which called it the Oregon Country, from 1818 until the 49th parallel as the international boundary was extended west of the Rockies by the Oregon Treaty of 1846.³³ The Colony of Vancouver Island, founded in 1849, and the Colony of British Columbia, founded in 1858, were combined in 1866 with the name Colony of British Columbia until joining Confederation in 1871.³³ British Columbia also was expanded with the addition what had been the Colony of the Queen Charlotte Islands and also most of the Stikine Territory, in 1863, and upon joining Confederation with the addition of the Peace River Country, formerly part of the Northwest Territories.³³ - British America (Colonial America) – (1607 to 1783) – List of Hudson's Bay Company trading posts + St. John's, Newfoundland (from 1583 English) + Cuper's Cove, Newfoundland (from 1610 English) + Renews, Newfoundland – (from 1615 English) + Nova Scotia – (1621-2 Scottish) + Cape Breton – (1625 Scottish) + Saint John, New Brunswick (from 1631 English) + Port Royal Colony – (1629 to 1632 Scottish) + Rupert's Land – (1670 to 1870) + Nova Scotia – (from 1710) + Prince Edward Island – (from 1763) + Cape Breton – (1763–1820) + Province of Quebec – (1763 to 1791) - British North America – (1783 to  1907) + North-Western Territory – (1783 to  1870) + New Brunswick – (1784) + The Canadas • (Lower Canada and Upper Canada) – (1791 to 1841) + Columbia District – (1793 to 1846) – (also referred to as Oregon Country) + New Caledonia – (1808 to 1858) + Red River Colony – (1812) + Province of Canada – (1841 to 1867) + Colony of Vancouver Island – (1849 to 1866) + Colony of the Queen Charlotte Islands – (1853 to 1863) + Colony of British Columbia – (1858 to 1866, aka the Mainland Colony) + Stickeen Territories – (1862) + Colony of British Columbia – (1866 to 1871) - Dominion of Newfoundland – (1907 to 1949) New Spain See also: Spanish colonization of the Americas Spanish colonizers had originally taken the lead in the Pacific Northwest coast, with the voyages of Juan José Pérez Hernández in 1774 and 1775.³⁴ This was in response to intelligence that the Russians had begun to explore the Pacific Coast of North America, which the Spanish considered part of New Spain.³⁵ - Santa Cruz de Nuca and Fort San Miguel at Nootka Sound – (1789 to 1795) The first colony in British Columbia and the only Spanish settlement in what is now Canada.³⁶ Russian America Further information: Russian colonization of the Americas In 1799, Tsar Paul I proclaimed Russian title and established the Russian American Company's trade monopoly and rule in the North Pacific through the creation of Russian America.³⁷ The stated southward limit of Russian claims was 51 degrees north latitude, roughly that of Cape Scott at the northern tip of Vancouver Island.³⁸ Though no Russian settlements were established in what is now British Columbia, Russian trade and scientific expeditions frequented the North Coast. Intense tripartite negotiation led to treaties between Russia with the US and Britain in 1824 and 1825, respectively, setting the new southward limit of Russian territories at 54 degrees, 40 minutes north latitude, corresponding with Cape Muzon at the southern tip of Dall Island, at the extreme southwest of what is today the Alaska Panhandle.³⁹ ⁴⁰ Canadian territorial evolution Main article: Territorial evolution of Canada Canada became a semi-independent federated grouping of provinces and a dominion after the Constitution Act of 1867 (formerly called the British North America Act, 1867).⁹ Originally three provinces of British North America, New Brunswick, Nova Scotia and the Province of Canada (which would become Ontario and Quebec) united to form the new nation.⁹ Full independence came with the Statute of Westminster in 1931 and the Canada Act in 1982. Since 1867, Canada's external borders have changed several times, and had grown from four initial provinces to ten provinces and three territories by 1999.⁹ - District of Keewatin – (1876 to 1905) - Districts of the Northwest Territories – (1882–1905) For much of the Northwest Territories early history it was divided into several districts for ease of administration.⁴¹ - District of Ungava – (1895 to 1920) Covered the northern portion of what is today Quebec, the interior of Labrador, and the offshore islands to the west and north of Quebec, which are now part of Nunavut.⁴² Alaska boundary dispute Main article: Alaska boundary dispute The Alaska boundary dispute, simmering since the Alaska purchase of 1867, became critical when gold was discovered in the Yukon during the late 1890s and Canada wanted its own Pacific port connected to the gold fields.⁴³ Canada argued its historic boundary with Russian America included the Lynn Canal and the port of Skagway, both occupied by the U.S.,⁴³ while the U.S. claimed the Atlin District and the lower Stikine and even Whitehorse. The dispute went to arbitration in 1903, with the American claims largely upheld as the British delegate sided with the Americans to preserve the British interest in a close relationship with the U.S.⁴⁴ Norwegian claim See also: Territorial claims of Norway Otto Sverdrup a Norwegian explorer claimed the Sverdrup Islands for Norway in 1898, but the Norwegian government showed no interest in pursuing the claim until 1928.⁴⁵ On 11 November 1930 (Remembrance Day) after formal Canadian intervention, Norway recognized Canada's sovereignty over the islands.⁴⁶ - Sverdrup Islands – (1898–1930) Danish claim Further information: Territorial claims in the Arctic Hans Island is the smallest of three islands located in Kennedy Channel; the others are Franklin Island and Crozier Island.⁴⁷ The island is the traditional hunting grounds of the Inuit and is claimed by both Canada and Denmark.⁴⁷ In 2007, updates of satellite photos led Canada to recognize the international border as crossing through the middle of Hans Island, not to the east of the island as previously claimed.⁴⁸ - Hans Island – (1933–present) Northwest Passage Main article: Northwest Passage international waters dispute The Canadian government considers the Northwestern Passages part of Canadian Internal Waters,⁴⁹ but the United States and various European countries maintain they are an international strait or transit passage, allowing free and unencumbered passage.⁵⁰ Areas disputed by the United States Main article: List of areas disputed by Canada and the United States Although Canada and the United States share the longest non-militarized border between two countries, there is a long history of disputes about the border's demarcation.⁵¹ Proposed provinces and territories Main article: Proposed provinces and territories of Canada Since Confederation in 1867, there have been several proposals for new Canadian provinces and territories. The Constitution of Canada requires an amendment for the creation of a new province⁵² but the creation of a new territory requires only an act of Parliament;⁵³ therefore, it is easier legislatively to create a territory than a province. See also - Beaumont-Hamel Newfoundland Memorial – Newfoundland purchased the ground in 1921 - Canadian National Vimy Memorial – considered on Canadian territory since 1922 - List of Canadian monarchs - List of North American cities by year of foundation - Canada – Wikipedia book References [1] "Eras". Canada History. 2009. Retrieved 2010. Check date values in: |access-date= (help) [2] "First Nations in Canada". Aadnc-aandc.gc.ca. Retrieved 2014. Check date values in: |access-date= (help) [3] Reeves, Arthur Middleton (2009). The Norse Discovery of America. Bibliophileċċ. p. 191. [4] "French Colonies". Ashley Araiza, Cevera Clark, & Donielle Wolfe. Harlingen School District. 2009. Retrieved 2010-06-22. [5] "List of Former British Dominions Colonies, Protectorates Protected and Associated States Mandated and Trust Territories". Flags of the World. 2009. Retrieved 2010-06-22. [6] "Scots". The Canadian Encyclopedia. 2008. Retrieved 2010-06-22. [7] "The Seven Years' War in Canada". The Quebec History Encyclopedia (Marianopolis College). 2005. Retrieved 2010-09-12. [8] "Canadian Confederation". Library and Archives Canada. 2005. Retrieved 2010-09-12. [9] "Territorial Evolution, 1867 to 1999". Natural Resources Canada. 2010. Retrieved 2010-04-12. [10] William C. Sturtevant (1978). Handbook of North American Indians. Government Printing Office. pp. 1–. GGKEY:0GTLW81WTLJ. [11] The allied tribes occupied the territory which the French named Acadia. The tribes ranged from present-day northern and eastern New England in the United States to the Maritime Provinces of Canada. At the time of contact with the French (late 16th century), they were expanding from their maritime base westward along the Gaspé Peninsula/St. Lawrence River at the expense of Iroquoian-speaking tribes. The Míkmaq name for this peninsula was Kespek (meaning "last-acquired"). [12] "Wabanaki". Wabanaki. 2014. Retrieved 2014-02-28. [13] "Background 1: Ojibwa history". Department of Science and Technology Studies · The Center for Cultural Design. 2003. Retrieved 2010-04-15. [14] Johansen, Bruce (1995). "Dating the Iroquois Confederacy". Akwesasne Notes New Series. 1 (3): 62–63. Retrieved 2010-08-16. [15] Bruce Elliott Johansen; Mann, Barbara A. (2000). Encyclopedia of the Haudenosaunee (Iroquois Confederacy. Greenwood Publishing Group. p. 14. ISBN 978-0-313-30880-2. [16] Trigger, Bruce G (1987). The children of Aataentsic: a history of the Huron People to 1660. McGill-Queen's University Press. p. 156. ISBN 0-7735-0626-8. Retrieved 2010-08-11. [17] Proceedings of the Canadian Institute, Toronto, Being a Continuation of "The Canadian Journal of Science, Literature and History.". Canadian Institute (1849–1914). 1887. p. 1. [18] "Blackfoot (people) - Encyclopædia Britannica". Britannica.com. Retrieved 2014-02-28. [19] Bobbie Kalman (2007). A Visual Dictionary of Native Communities. Crabtree Publishing Company. p. 26. ISBN 978-0-7787-3505-2. [20] Magnus Magnusson; Hermann Palsson (1965). Graenlendinga saga. Penguin Books Limited. p. 28. ISBN 978-0-14-044154-3. [21] J. Sephton, (English, translation) (1880). "The Saga of Erik the Red". Icelandic Saga Database. Retrieved 2010-08-11. [22] "Vikings: The North Atlantic Saga". National Museum of Natural History, Arctic Studies Center- (Smithsonian Institution). 2008. Retrieved 2010-08-11. [23] Linda S. Cordell; Kent Lightfoot; Francis McManamon; George Milner (2008). Archaeology in America: An Encyclopedia: An Encyclopedia. ABC-CLIO. pp. 82–. ISBN 978-0-313-02189-3. [24] Prowse D. W. (Daniel Woodley) (2009). The Discovery of Newfoundland by John Cabot in 1497. BiblioLife. p. 3. ISBN 978-1-113-54841-2. [25] Bailey Bailey Wallys Diffie (1977). Foundations of the Portuguese Empire: 1415 - 1580. U of Minnesota Press. p. 464. ISBN 978-0-8166-0782-2. [26] "The Portuguese Explorers". Memorial University of Newfoundland. 2004. Retrieved 2010-06-27. [27] Bill Rompkey (2005). Story of Labrador. McGill-Queen's Press - MQUP. p. 20. ISBN 978-0-7735-7121-1. [28] Roger E. Riendeau (2007). A Brief History of Canada. Infobase Publishing. p. 36. ISBN 978-1-4381-0822-3. [29] James D. Kornwolf (2002). Architecture and Town Planning in Colonial North America. Johns Hopkins University Press. p. 14. ISBN 978-0-8018-5986-1. [30] Ruben C. Bellan (2003). Canada's Cities: A History. Whitefield Press. p. 2. ISBN 978-0-9699686-1-0. [31] André Magord (2009). The Quest for Autonomy in Acadia. Peter Lang. p. 31. ISBN 978-90-5201-476-0. [32] Allan Greer (1997). The People of New France. University of Toronto Press. p. 5. ISBN 978-0-8020-7816-2. [33] "Territorial Evolution of Canada, 1667 to 1873". Natural Resources Canada. 2010. Retrieved 2010-04-12. [34] Jean Barman (1996). The West beyond the West: a history of British Columbia. University of Toronto Press. pp. 20–26. ISBN 978-0-8020-7185-9. [35] María Luisa Rodríguez-Sala (2006). De San Blas hasta la Alta California: los viajes y diarios de Juan Joseph Pérez Hernández. UNAM. p. 35. ISBN 978-970-32-3474-5. [36] John Eric Vining (2010). The Trans-Appalachian Wars, 1790-1818: Pathways to America's First Empire. Trafford Publishing. p. 143. ISBN 978-1-4269-7964-4. [37] A. Aleksei I. Miller; Alfred J. Reiber (2004). Imperial rule. Central European University Press. pp. 161–164. ISBN 978-963-9241-98-5. [38] "British North America circa 1823". Natural Resources Canada. Retrieved 2010-12-11. [39] Robert Greenhow; United States. Dept. of State; United States. Congress. Senate. Select Committee on the Oregon Territory (1840). Memoir, historical and political, on the northwest coast of North America, and the adjacent territories: illustrated by a map and a geographical view of those countries. Blair and Rives, printers. p. 189. [40] "The Plans for Russian Expansion in the New World and the North Pacific in the Eighteenth and Nineteenth Centuries". The European Association for American Studies. 2010. p. s-20. Retrieved 2010-12-11. [41] Carl Waldman; Molly Braun (2009). Atlas of the North American Indian. Infobase Publishing. p. 234. ISBN 978-1-4381-2671-5. [42] Atlas of Canada. "Territorial evolution". [43] D.M.L. FARR (2009). "Alaska Boundary Dispute". The Canadian Encyclopedia. Retrieved 2010-04-11. [44] Haglund, David G; Onea, Tudor (2008). Victory without Triumph: Theodore Roosevelt, Honour, and the Alaska Panhandle Boundary Dispute. 19. Diplomacy and Statecraft. pp. 20–41. doi:10.1080/09592290801913692. [45] William J. Mills (2003). Exploring Polar Frontiers: A Historical Encyclopedia. ABC-CLIO. p. 129. ISBN 978-1-57607-422-0. [46] Pierre Berton (2001). The Arctic Grail: The Quest for the North West Passage and the North Pole, 1818-1909. Doubleday Canada. p. 629. ISBN 978-0-385-65845-4. [47] Rongxing Guo (2006). Territorial Disputes and Resource Management: A Global Handbook. Nova Publishers. p. 134. ISBN 978-1-60021-445-5. [48] "Arctic Sovereignty Policy Review" (PDF). Carleton University School of Journalism & Communication. 2011. Retrieved 2012-01-01. [49] "Canadian Jurisdiction – Transport Publication TP14202E". Transport Canada. 2009.Sections 1–9 [50] Carnaghan, Matthew; Goody, Allison (2006). "Canadian Arctic Sovereignty". Library of Parliament (Political and Social Affairs Division). Retrieved 2010-12-11. [51] Donald Malcolm McRae; Gordon Ross Munro (1989). Canadian Oceans Policy : National Strategies and the New Law of the Sea. UBC Press. p. 50. ISBN 978-0-7748-0346-5. [52] "Amendment by general procedure". Constitution Act, 1982. Department of Justice, Government of Canada. Retrieved 17 March 2010. An amendment to the Constitution of Canada in relation to the following matters may be made only in accordance with subsection 38(1)...notwithstanding any other law or practice, the establishment of new provinces. [53] Norman L. Nicholson (1979). The boundaries of the Canadian Confederation. McGill-Queen's Press – MQUP. pp. 174–175. ISBN 978-0-7705-1742-7. Further reading Main article: Bibliography of Canada - Derek Hayes (2006). Historical Atlas of Canada: Canada's History Illustrated with Original Maps. Douglas & McIntyre. ISBN 978-1-55365-077-5. - R. Cole Harris; Geoffrey J. Matthews (1987). Historical Atlas of Canada: From the beginning to 1800. University of Toronto Press. ISBN 978-0-8020-2495-4. External links - Maps: 1667–1999 – Library and Archives Canada - Territorial Evolution, 1670–2001 – Historical Atlas of Canada Territorial evolution of Canada The Dominion of Canada was formed on July 1, 1867, when the British colonies of Canada, New Brunswick, and Nova Scotia were merged to form a single Dominion within the British Empire. Canada continued to expand across North America as other British colonies joined with or were ceded to Canada, eventually growing from four provinces to ten provinces and three territories. Politically, Canada gained increasing independence in the 20th century, eventually becoming a fully sovereign state in 1982. Notes - The Northwest Territories (NWT) have been made up of several districts, but one of these, the District of Keewatin, once had a higher status than the other districts. Because of this unique status, it is handled separately from the NWT on this list. After 1905 it no longer had any special status, and it was finally dissolved in 1999 when Nunavut was created. - The maps used on this page, for simplicity, use the modern version of the borders of Labrador. For much of its history, Canada claimed Labrador extended only along the coast (the "Coasts of Labrador"), while Newfoundland claimed the larger area. It is Newfoundland's claim that is used. - The Arctic Islands were still being explored and discovered throughout Canada's history; apart from the Sverdrup Islands, however, they were all claimed by Canada upon discovery, and to simplify the list the individual discoveries are omitted. Timeline See also - Former colonies and territories in Canada - List of areas disputed by Canada and the United States - List of Hudson's Bay Company trading posts - List of French forts in North America - Proposed provinces and territories of Canada - Territorial claims in the Arctic - Territorial evolution of North America since 1763 References [1] "Territorial Evolution, 1867". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [2]  Rupert's Land Act, 1868. Wikisource. July 31, 1868. [3]  Rupert's Land and North-Western Territory Order. Wikisource. June 23, 1870. [4]  Manitoba Act, 1870. Wikisource. May 12, 1870. [5] Hall, David J. (March 4, 2015). "North-West Territories, 1870-1905". The Canadian Encyclopedia. Historica Canada. Retrieved October 17, 2015. [6] Moffat, Ben (2007). "Boundaries of Saskatchewan". Encyclopedia of Saskatchewan. Canadian Plains Research Center, University of Regina. Retrieved August 22, 2009. [7] "Territorial Evolution, 1870". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [8] "Maps 1667-1999 Maps: 1871". Canadian Confederation. Library and Archives Canada. May 2, 2005. Retrieved October 17, 2015. [9]  British Columbia Terms of Union. Wikisource. May 16, 1871. [10] "Provinces and Territories: British Columbia: Entered Confederation: 1871". Canadian Confederation. Library and Archives Canada. August 9, 2006. Retrieved October 17, 2015. [11] "Territorial Evolution, 1871". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [12]  Prince Edward Island Terms of Union. Wikisource. June 26, 1873. [13] Bolger, Francis William Pius (1961). "Prince Edward Island and Confederation 1863-1873" (PDF). Report. Toronto: Canadian Catholic Historical Association. pp. 25–30. Retrieved August 22, 2009. [14] "Territorial Evolution, 1873". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [15] Mills, David (1877). Report on the Boundaries of the Province of Ontario. Toronto: Hunter, Rose & Co. p. 347. [16] "Territorial Evolution, 1874". Natural Resources Canada > Atlas Home > Explore Our Maps > History > Territorial Evolution > Territorial Evolution, 1874. Government of Canada. March 18, 2009. Archived from the original on June 18, 2009. Retrieved August 22, 2009. [17] "Keewatin". The Daily Free Press. December 1, 1876. p. 1. [18] "Who Named the North-Land?". Manitoba Free Press. August 19, 1876. p. 3. [19] "Keewatin". Manitoba Free Press. April 1, 1876. p. 1. [20] Nicholson, Normal L. (1979). The Boundaries of the Canadian Confederation. Toronto: Macmillan Company of Canada Ltd. p. 113. [21] "Territorial Evolution, 1876". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [22] "Territorial Evolution, 1880". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [23] "Manitoba's Boundaries". Association of Manitoba Land Surveyors. Archived from the original on July 22, 2007. Retrieved August 18, 2009. [24] "Territorial Evolution, 1881". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [25] Parliament, Canada (1893). Report of the Dominion Fishery Commission on the Fisheries of the Province of Ontario. p. 36. [26]  Canada (Ontario Boundary) Act 1889. Wikisource. August 12, 1889. [27] Keltie, J. Scott, ed. (1899). The Statesman's Year-Book. London: MacMillan & Co. p. 223. [28] "Territorial Evolution, 1895". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [29] "Territorial Evolution, 1897". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [30] Extract from Order in Council (Dominion) of the 18th December, 1897, Establishing Provisional Districts in the Unorganized Portions of Canada (PDF). The Labrador Boundary Dispute Documents (Report). Volume VIII. pp. 4012–4013. Retrieved May 9, 2014. [31]  Yukon Territory Act. Wikisource. June 13, 1898. [32] Yukon Territory Act, S.C. 1901, c. 41, s. 14 [33]  Alberta Act. Wikisource. July 20, 1905. [34]  Saskatchewan Act. Wikisource. July 20, 1905. [35] Thomson, Malcolm M.; Tanner, Richard W. (April 1977). "Canada's Prime Meridian". Journal of the Royal Astronomical Society of Canada. Toronto. 71: 204. Bibcode:1977JRASC..71..204T. [36] Widdis, Randy (2006). "49th Parallel". The Encyclopedia of Saskatchewan. Canadian Plains Research Center, University of Regina. Retrieved January 6, 2009. [37] Lewry, Marilyn (2006). "Boundary surveys". The Encyclopedia of Saskatchewan. Canadian Plains Research Center, University of Regina. Retrieved January 6, 2009. [38] "Territorial Evolution, 1905". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [39] "History of the Name of the Northwest Territories". Prince of Wales Northern Heritage Centre. Retrieved October 17, 2015. [40] "Henri Dorion debunks the Ten Great Myths about the Labrador boundary". Quebec – National Assembly – First Session, 34th Legislature. October 17, 1991. Archived from the original on October 26, 2009. Retrieved October 17, 2015. [41]  Newfoundland Act. Wikisource. March 23, 1949. [42] Webb, Jeff A. (March 2008). "The Commission of Government, 1934-1949". Heritage: Newfoundland & Labrador. Memorial University of Newfoundland and the C.R.B. Foundation. Retrieved October 17, 2015. [43] "Territorial Evolution, 1949". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [44] "Territorial Evolution, 1999". GeoGratis. Natural Resources Canada. January 8, 2015. Retrieved October 17, 2015. [45] "Constitution Amendment, 2001 (Newfoundland and Labrador)". Government of Canada. December 6, 2001. Archived from the original on August 31, 2014. Retrieved October 17, 2015. [46] "Yukon Territory name change to Yukon" (PDF). Library and Archives Canada. April 1, 2003. Retrieved July 14, 2009. Further reading Main article: Bibliography of Canada - "Territorial Evolution". The Atlas of Canada. Natural Resources Canada. June 3, 2015. - Hayes, Derek (2002). Historical Atlas of Canada. Douglas & McIntyre. ISBN 1-55054-918-9. - Matthews, Geoffrey J (1987). Historical atlas of Canada, Volume 1. University of Toronto Press. ISBN 0-8020-2495-5. External links - Maps: 1667-1999 - Library and Archives Canada - Territorial Evolution, 1670-2001 - Historical Atlas of Canada Government and politics Monarchy of Canada The Monarchy of Canada is at the very core of both Canada's federal structure and Westminster-style of parliamentary and constitutional democracy.² The monarchy is the foundation of the executive (Queen-in-Council), legislature (Queen-in-Parliament), and judiciary (Queen-on-the-Bench) in the federal and each provincial jurisdiction.⁷ The Canadian sovereign is the personification of the Canadian state and,¹¹ ¹² as a matter of constitutional law, is Canada.¹³ The current Canadian monarch, since 6 February 1952, is Queen Elizabeth II. Royal succession is determined according to common and statute law, which stipulates the throne is inherited by the sovereign's eldest living, non-Catholic child or, in the case of a childless sovereign, the nearest collateral line. As such, Elizabeth's son, Prince Charles, is heir apparent. Although the person of the sovereign is equally shared with 15 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct.¹⁸ As a result, the current monarch is officially titled Queen of Canada and, in this capacity, she, her consort, and other members of the Canadian Royal Family undertake public and private functions domestically and abroad as representatives of Canada. However, the Queen is the only member of the Royal Family with any constitutional role. While some powers are exercisable only by the sovereign (such as appointing governors general), most of the monarch's operational and ceremonial duties (such as summoning the House of Commons and accrediting ambassadors) are exercised by his or her representative, the Governor General of Canada.²⁴ In each of Canada's provinces, the monarch is represented by a lieutenant governor. As the territories are not sovereign, they do not have a viceroy. As all executive authority is vested in the sovereign, their assent is required to allow for bills to become law and for letters patent and orders in council to have legal effect. While the power for these acts stems from the Canadian people through the constitutional conventions of democracy,²⁸ executive authority remains vested in the Crown and is only entrusted by the sovereign to their government on behalf of the people, underlining the Crown's role in safeguarding the rights, freedoms, and democratic system of government of Canadians, and reinforcing the fact that "governments are the servants of the people and not the reverse".²⁹ ³⁰ Thus, within a constitutional monarchy the sovereign's direct participation in any of these areas of governance is limited, with the sovereign normally exercising executive authority only on the advice of the executive committee of the Queen's Privy Council for Canada, with the sovereign's legislative and judicial responsibilities largely carried out through parliamentarians as well as judges and justices of the peace.²⁹ The Crown today primarily functions as a guarantor of continuous and stable governance and a nonpartisan safeguard against abuse of power,³¹ the sovereign acting as a custodian of the Crown's democratic powers and a representation of the "power of the people above government and political parties".³⁴ ³⁵ Canada is one of the oldest continuing monarchies in the world.²⁰ ³⁶ Initially established in the 16th century,[n 1] monarchy in Canada has evolved through a continuous succession of French and British sovereigns into the independent Canadian sovereigns of today,⁵¹ whose institution is sometimes colloquially referred to as the Maple Crown.[n 2] International and domestic aspects Further information: Commonwealth realm § Relationship of the realms The person who is the Canadian sovereign is equally shared with 15 other monarchies (a grouping, including Canada, known informally as the Commonwealth realms) in the 53-member Commonwealth of Nations, with the monarch residing predominantly in the oldest and most populous realm, the United Kingdom, and viceroys (the Governor General of Canada in the federal sphere and a lieutenant governor in each province) acting as the sovereign's representatives in Canada. The emergence of this arrangement paralleled the fruition of Canadian nationalism following the end of the First World War and culminated in the passage of the Statute of Westminster in 1931.⁵⁶ Since then, the pan-national Crown has had both a shared and a separate character and the sovereign's role as monarch of Canada has been distinct to his or her position as monarch of any other realm,[n 3]²⁰ ⁵⁶ ⁵⁷ including the United Kingdom.[n 4]⁵⁹ ⁶⁰ ⁶¹ ⁶² Only Canadian federal ministers of the Crown may advise the sovereign on all matters of the Canadian state,[n 5]⁶¹ ⁶³ ⁶⁴ ⁶⁵ ⁶⁶ ⁶⁷ of which the sovereign, when not in Canada, is kept abreast by weekly communications with the federal viceroy.⁶⁸ The monarchy thus ceased to be an exclusively British institution and in Canada became a Canadian,⁴³ ⁶⁹ ⁷⁰ ⁷¹ or "domesticated",⁷² establishment, though it is still often denoted as "British" in both legal and common language,⁴³ for reasons historical, political, and of convenience. This division is illustrated in a number of ways: The sovereign, for example, holds a unique Canadian title and,⁷³ when she and other members of the Royal Family are acting in public specifically as representatives of Canada, they use, where possible, Canadian symbols, including the country's national flag, unique royal symbols, armed forces uniforms,⁷⁴ ⁷⁵ ⁷⁶ ⁷⁷ and the like, as well as Canadian Forces aircraft or other Canadian-owned vehicles for travel.⁷⁸ Once in Canadian airspace, or arrived at a Canadian event taking place abroad, the Canadian Secretary to the Queen, officers of the Royal Canadian Mounted Police, and other Canadian officials will take over from whichever of their other realms' counterparts were previously escorting the Queen or other member of the Royal Family.⁷⁸ ⁷⁹ The sovereign similarly only draws from Canadian funds for support in the performance of her duties when in Canada or acting as Queen of Canada abroad; Canadians do not pay any money to the Queen or any other member of the Royal Family, either towards personal income or to support royal residences outside of Canada.⁸⁰ ⁸¹ Succession and regency Further information: Succession to the Canadian throne As in the other Commonwealth realms, the current heir apparent to the throne is Prince Charles, with the next three in the line of succession being the Prince's eldest son, Prince William, followed by William's two children, Prince George and Princess Charlotte. Upon a demise of the Crown (the death or abdication of a sovereign), the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony;⁵⁶ hence arises the phrase "The King is dead. Long live the King".⁸² ⁸³ It is customary for the accession of the new monarch to be publicly proclaimed by the governor general on behalf of the Privy Council, which meets at Rideau Hall after the accession. Following an appropriate period of mourning, the monarch is also crowned in the United Kingdom in an ancient ritual, but one not necessary for a sovereign to reign.[n 6] By the Interpretation Act of 2005, no incumbent appointee of the Crown is affected by the death of the monarch, nor are they required to take the Oath of Allegiance again,⁸⁴ and all references in legislation to previous monarchs, whether in the masculine (e.g. His Majesty) or feminine (e.g. the Queen), continue to mean the reigning sovereign of Canada, regardless of his or her gender.⁸⁵ This is because, in common law, the Crown never dies. After an individual ascends the throne, he or she usually continues to reign until death.[n 7] The relationship between the Commonwealth realms is such that any change to the rules of succession to their respective crowns requires the unanimous consent of all the realms. Succession is governed by statutes, such as the Bill of Rights 1689, the Act of Settlement 1701, and the Acts of Union 1707. In 1936, King Edward VIII abdicated and any possible future descendants of his were excluded from the line of succession.⁸⁶ As the Statute of Westminster 1931 disallowed the UK from legislating for Canada, including in relation to succession,⁸⁷ Order in Council P.C. 3144⁸⁸ was issued, expressing the Cabinet's request and consent for His Majesty's Declaration of Abdication Act 1936 to become part of the laws of Canada and the Succession to the Throne Act 1937 gave parliamentary ratification to that action, together bringing the Act of Settlement and Royal Marriages Act 1772 into Canadian law.⁸⁹ ⁹⁰ The latter was deemed by the Cabinet in 1947 to be part of Canadian law,[n 8]⁹¹ as is the Bill of Rights 1689, according to the Supreme Court of Canada.⁹³ The Department of External Affairs included all succession-related laws in its list of acts within Canadian law. In 2011, Canada committed to the Perth Agreement with the other Commonwealth realms, which proposed changes to the rules governing succession to remove male preference and removal of disqualification arising from marriage to a Roman Catholic. As a result of the Perth Agreement, the Canadian parliament passed the Canadian Succession to the Throne Act, 2013, which gave the country's assent to the Succession to the Crown Bill 2013, at that time proceeding in the parliament of the United Kingdom. Certain aspects of the succession rules have been challenged in the courts. For example, under the provisions of the Bill of Rights 1689 and the Act of Settlement 1701, Catholics are barred from succeeding to the throne; this prohibition has been upheld twice by Canadian courts, once in 2003 and again in 2014.⁹⁴ ⁹⁵ ⁹⁶ ⁹⁷ Canada has no laws allowing for a regency, should the sovereign be a minor or debilitated;⁶⁸ none have been passed by the Canadian parliament and it was made clear by successive Cabinets since 1937 that the United Kingdom's Regency Act had no applicability to Canada,⁶⁸ as the Canadian Cabinet had not requested otherwise when the act was passed that year and again in 1943 and 1953. As the 1947 Letters Patent issued by King George VI permit the Governor General of Canada to exercise almost all of the monarch's powers in respect of Canada, the viceroy is expected to continue to act as the personal representative of the monarch, and not any regent, even if the monarch is a child or incapacitated.⁶⁸ ⁹⁸ ⁹⁹ Federal and provincial aspects Further information: Monarchy in the Canadian provinces Canada's monarchy was established at Confederation, when its executive government and authority were declared (in section 9 of the Constitution Act, 1867) "to continue and be vested in the Queen". The Canadian monarchy is a federal one in which the Crown is unitary throughout all jurisdictions in the country,¹⁰⁰ the sovereignty of the different administrations being passed on through the overreaching Crown itself as a part of the executive, legislative, and judicial operations in each of the federal and provincial spheres and the headship of state being a part of all equally.¹⁰⁰ The Crown thus links the various governments into a federal state,⁹ though it is simultaneously also "divided" into eleven legal jurisdictions, or eleven "crowns"—one federal and ten provincial¹⁰¹ —with the monarch taking on a distinct legal persona in each.[n 9][n 10] As such, the constitution instructs that any change to the position of the monarch or his or her representatives in Canada requires the consent of the Senate, the House of Commons, and the legislative assemblies of all the provinces.¹⁰⁴ The governor general is appointed by the Queen on the advice of her federal prime minister and the lieutenant governors are appointed by the governor general on the advice of the federal prime minister. The commissioners of Canada's territories are appointed by the federal Governor-in-Council, at the recommendation of the Minister of Indian Affairs and Northern Development; but, as the territories are not sovereign entities, the commissioners are not personal representatives of the sovereign. The Advisory Committee on Vice-Regal Appointments, which may seek input from the relevant premier and provincial or territorial community, proposes candidates for appointment as governor general, lieutenant governor, and commissioner.¹⁰⁵ ¹⁰⁶ Personification of the Canadian state As the living embodiment of the Crown,⁸⁵ the sovereign is regarded as the personification of the Canadian state and,[n 11]³⁴ ⁶⁵ ¹¹¹ ¹¹² ¹¹³ ¹¹⁴ ¹¹⁵ ¹¹⁶ ¹¹⁷ ¹¹⁸ ¹¹⁹ as such, must, along with his or her viceregal representatives, "remain strictly neutral in political terms".⁷¹ The body of the reigning sovereign thus holds two distinct personas in constant coexistence: that of a natural-born human being and that of the state as accorded to him or her through law; the Crown and the monarch are "conceptually divisible but legally indivisible ... [t]he office cannot exist without the office-holder",[n 12]⁵⁶ so, even in private, the monarch is always "on duty".¹²¹ The terms the state, the Crown,¹²² the Crown in Right of Canada, Her Majesty the Queen in Right of Canada (French: Sa Majesté la Reine du chef du Canada),¹²³ and similar are all synonymous and the monarch's legal personality is sometimes referred to simply as Canada.¹¹³ ¹²⁴ As such, the king or queen of Canada is the employer of all government officials and staff (including the viceroys, judges, members of the Canadian Forces, police officers, and parliamentarians),[n 13] the guardian of foster children (Crown wards), as well as the owner of all state lands (Crown land), buildings and equipment (Crown held property),¹²⁶ state owned companies (Crown corporations), and the copyright for all government publications (Crown copyright).¹²⁷ This is all in his or her position as sovereign, and not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her ministers. The monarch is at the apex of the Canadian order of precedence and, as the embodiment of the state, is also the locus of oaths of allegiance,[n 14]¹⁰⁷ ¹¹³ ¹²⁹ ¹³⁰ required of many of the aforementioned employees of the Crown, as well as by new citizens, as by the Oath of Citizenship. Allegiance is given in reciprocation to the sovereign's Coronation Oath,¹³¹ wherein he or she promises "to govern the Peoples of ... Canada ... according to their respective laws and customs".¹³² Head of state Though it has been argued that the term head of state is a republican one inapplicable in a constitutional monarchy such as Canada, where the monarch is the embodiment of the state and thus cannot be head of it,¹²¹ the sovereign is regarded by official government sources,⁴¹ ¹³³ ¹³⁴ ¹³⁵ judges,¹³⁶ constitutional scholars,¹¹³ ¹³⁷ and pollsters as the head of state,¹³⁸ while the governor general and lieutenant governors are all only representatives of, and thus equally subordinate to, that figure.¹³⁹ Some governors general, their staff, government publications,¹¹³ and constitutional scholars like Edward McWhinney and C. E. S. Franks have,¹⁴⁰ ¹⁴¹ however, referred to the position of governor general as that of Canada's head of state,¹⁴² ¹⁴³ though sometimes qualifying the assertion with de facto or effective;¹⁴⁴ ¹⁴⁵ ¹⁴⁶ Franks has hence recommended that the governor general be named officially as the head of state.¹⁴¹ Still others view the role of head of state as being shared by both the sovereign and her viceroys.¹⁴⁷ ¹⁴⁸ ¹⁴⁹ Since 1927, governors general have been received on state visits abroad as though they were heads of state.¹⁵⁰ Officials at Rideau Hall have attempted to use the Letters Patent of 1947 as justification for describing the governor general as head of state. However, the document makes no such distinction,¹⁵¹ nor does it effect an abdication of the sovereign's powers in favour of the viceroy,⁶⁸ as it only allows the governor general to "act on The Queen's behalf".¹⁵² ¹⁵³ Michael D. Jackson, former protocol officer for Saskatchewan, argued that Rideau Hall had been attempting to "recast" the governor general as head of state since the 1970s and doing so preempted both the Queen and all of the lieutenant governors.¹³⁹ This caused not only "precedence wars" at provincial events (where the governor general usurped the lieutenant governor's proper spot as most senior official in attendance)¹⁵⁴ ¹⁵⁵ and Governor General Adrienne Clarkson to accord herself precedence before the Queen at a national occasion,¹⁵⁶ but also constitutional issues by "unbalancing ... the federalist symmetry".¹⁰⁰ ¹⁵⁷ This has been regarded as both a natural evolution and as a dishonest effort to alter the constitution without public scrutiny.¹⁵¹ ¹⁵⁸ In a poll conducted by Ipsos-Reid following the first prorogation of the 40th parliament on 4 December 2008, it was found that 42% of the sample group thought the prime minister was head of state, while 33% felt it was the governor general. Only 24% named the Queen as head of state,¹³⁸ a number up from 2002, when the results of an EKOS Research Associates survey showed only 5% of those polled knew the Queen was head of state (69% answered that it was the prime minister).¹⁵⁹ Federal constitutional role Canada's constitution is based on the Westminster parliamentary model, wherein the role of the Queen is both legal and practical, but not political.⁷¹ The sovereign is vested with all the powers of state, collectively known as the Royal Prerogative,¹⁶⁰ leading the populace to be considered subjects of the Crown.¹⁶¹ However, as the sovereign's power stems from the people³⁰ ¹⁶² and the monarch is a constitutional one, he or she does not rule alone, as in an absolute monarchy. Instead, the Crown is regarded as a corporation sole, with the monarch being the centre of a construct in which the power of the whole is shared by multiple institutions of government¹⁶³ —the executive, legislative, and judicial¹⁰ —acting under the sovereign's authority,¹¹³ ¹⁶⁴ which is entrusted for exercise by the politicians (the elected and appointed parliamentarians and the ministers of the Crown generally drawn from among them) and the judges and justices of the peace.²⁹ The monarchy has thus been described as the underlying principle of Canada's institutional unity and the monarch as a "guardian of constitutional freedoms"⁴⁵ ¹²⁹ whose "job is to ensure that the political process remains intact and is allowed to function."⁷¹ The Great Seal of Canada "signifies the power and authority of the Crown flowing from the sovereign to [the] parliamentary government"¹⁶⁵ and is applied to state documents such as royal proclamations and letters patent commissioning cabinet ministers, senators, judges, and other senior government officials.¹⁶⁶ The "lending" of royal authority to the Cabinet is illustrated by the great seal being entrusted by the governor general, the official keeper of the seal, to the Minister of Innovation, Science, and Economic Development, who is ex officio the Registrar General of Canada.¹⁶⁶ Upon a change of government, the seal is temporarily returned to the governor general and then "lent" to the next incoming registrar general.¹⁶⁵ The Crown is the pinnacle of the Canadian Forces, with the constitution placing the monarch in the position of commander-in-chief of the entire force, though the governor general carries out the duties attached to the position and also bears the title of Commander-in-Chief in and over Canada.¹⁶⁷ Further, included in Canada's constitution are the various treaties between the Crown and Canadian First Nations, Inuit, and Métis peoples, who view these documents as agreements directly and only between themselves and the reigning monarch, illustrating the relationship between sovereign and aboriginals.¹⁶⁸ ¹⁶⁹ ¹⁷⁰ Executive (Queen-in-Council) The government of Canada—formally termed Her Majesty's Government¹⁷¹ —is defined by the constitution as the Queen acting on the advice of her Privy Council;¹⁷¹ ¹⁷² ¹⁷³ ¹⁷⁴ what is technically known as the Queen-in-Council,⁹ or sometimes the Governor-in-Council,⁸⁵ referring to the governor general as the Queen's stand-in. One of the main duties of the Crown is to "ensure that a democratically elected government is always in place,"¹⁴⁹ which means appointing a prime minister to thereafter head the Cabinet¹⁷⁵ —a committee of the Privy Council charged with advising the Crown on the exercise of the Royal Prerogative.¹⁷⁴ The Queen is informed by her viceroy of the swearing-in and resignation of prime ministers and other members of the ministry,¹⁷⁵ remains fully briefed through regular communications from her Canadian ministers, and holds audience with them whenever possible.¹³³ By convention, the content of these communications and meetings remains confidential so as to protect the impartiality of the monarch and her representative.⁷¹ ¹⁷⁶ The appropriateness and viability of this tradition in an age of social media has been questioned.¹⁷⁷ ¹⁷⁸ In the construct of constitutional monarchy and responsible government, the ministerial advice tendered is typically binding,¹⁷⁹ meaning the monarch reigns but does not rule, the Cabinet ruling "in trust" for the monarch.¹⁸⁰ This has been the case in Canada since the Treaty of Paris ended the reign of the territory's last absolute monarch, King Louis XV. However, the Royal Prerogative belongs to the Crown and not to any of the ministers²⁹ ¹⁶⁴ ¹⁸¹ and the royal and viceroyal figures may unilaterally use these powers in exceptional constitutional crisis situations (an exercise of the reserve powers),[n 15] thereby allowing the monarch to make sure "that the government conducts itself in compliance with the constitution."¹⁴⁹ There are also a few duties which must be specifically performed by, or bills that require assent by, the Queen.⁶⁸ ¹⁸² ¹⁸³ The Royal Prerogative also extends to foreign affairs, including the ratification of treaties, alliances, international agreements, and declarations of war,¹⁸⁴ the accreditation of Canadian high commissioners and ambassadors and receipt of similar diplomats from foreign states,¹⁸⁵ ¹⁸⁶ and the issuance of Canadian passports,¹⁸⁷ which remain the sovereign's property.¹⁸⁸ It also includes the creation of dynastic and national honours,¹⁸⁹ though only the latter are established on official ministerial advice. Parliament (Queen-in-Parliament) All laws in Canada are the monarch's and the sovereign is one of the three components of parliament¹⁹⁰ ¹⁹¹ —formally called the Queen-in-Parliament⁹ —but the monarch and viceroy do not participate in the legislative process save for the granting of Royal Assent, which is necessary for a bill to be enacted as law. Either figure or a delegate may perform this task and the constitution allows the viceroy the option of deferring assent to the sovereign.¹⁹² The governor general is further responsible for summoning the House of Commons, while either the viceroy or monarch can prorogue and dissolve the legislature, after which the governor general usually calls for a general election. The new parliamentary session is marked by either the monarch, governor general, or some other representative reading the Speech from the Throne.¹⁹³ Members of Parliament must recite the Oath of Allegiance before they may take their seat. Further, the official opposition is traditionally dubbed as Her Majesty's Loyal Opposition,¹²⁹ ¹⁹⁴ ¹⁹⁵ illustrating that, while its members are opposed to the incumbent government, they remain loyal to the sovereign (as personification of the state and its authority).¹⁹⁶ The monarch does not have the prerogative to impose and collect new taxes without the authorization of an Act of Parliament. The consent of the Crown must, however, be obtained before either of the houses of parliament may even debate a bill affecting the sovereign's prerogatives or interests and no act of parliament binds the Queen or her rights unless the act states that it does.¹⁹⁷ Courts (Queen-on-the-Bench) The sovereign is responsible for rendering justice for all her subjects and is thus traditionally deemed the fount of justice.¹⁹⁸ Her position in the Canadian courts formally dubbed the Queen on the Bench.⁹ The monarch does not personally rule in judicial cases; this function of the royal prerogative is instead performed in trust and in the Queen's name by officers of Her Majesty's court.¹⁹⁸ Common law holds the notion that the sovereign "can do no wrong": the monarch cannot be prosecuted in her own courts—judged by herself—for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the Queen-in-Council) are permitted, but lawsuits against the monarch personally are not cognizable. In international cases, as a sovereign and under established principles of international law, the Queen of Canada is not subject to suit in foreign courts without her express consent.¹⁷² The monarch, and by extension the governor general, also grants immunity from prosecution,¹⁹⁹ exercises the royal prerogative of mercy and may pardon offences against the Crown.²⁰⁰ ²⁰¹ Since 1878, the prerogative of pardon has always been exercised on the basis of ministerial advice—i.e., upon the recommendation of ministers.²⁰² The Arms of Her Majesty in Right of Canada are traditionally displayed in Canadian courtrooms.²⁰³ A portrait of the Queen is also typically found in Canadian courtrooms.²⁰⁴ Cultural role Royal presence and duties Members of the Royal Family have been present in Canada since the late 18th century, their reasons including participating in military manoeuvres, serving as the federal viceroy, or undertaking official royal tours. A prominent feature of the latter are numerous royal walkabouts, the tradition of which was initiated in 1939 by Queen Elizabeth when she was in Ottawa and broke from the royal party to speak directly to gathered veterans.²⁰⁵ ²⁰⁶ Usually important milestones, anniversaries, or celebrations of Canadian culture will warrant the presence of the monarch,²⁰⁵ while other royals will be asked to participate in lesser occasions. A household to assist and tend to the monarch forms part of the royal party. Official duties involve the sovereign representing the Canadian state at home or abroad, or her relations as members of the Royal Family participating in government organized ceremonies either in Canada or elsewhere;[n 16]²²⁴ ²²⁵ ²²⁶ ²²⁷ sometimes these individuals are employed in asserting Canada's sovereignty over its territories.[n 17] The advice of the Canadian Cabinet is the impetus for royal participation in any Canadian event, though, at present, the Chief of Protocol and his staff in the Department of Canadian Heritage are, as part of the State Ceremonial and Canadian Symbols Program,²²⁹ ²³⁰ responsible for orchestrating any official events in or for Canada that involve the Royal Family.²³¹ Conversely, unofficial duties are performed by Royal Family members on behalf of Canadian organizations of which they may be patrons, through their attendance at charity events, visiting with members of the Canadian Forces as colonel-in-chief, or marking certain key anniversaries.²²⁴ ²²⁷ The invitation and expenses associated with these undertakings are usually borne by the associated organization.²²⁴ In 2005 members of the Royal Family were present at a total of 76 Canadian engagements, as well as several more through 2006 and 2007.²³² Apart from Canada, the Queen and other members of the Royal Family regularly perform public duties in the other fifteen nations of the Commonwealth in which the Queen is head of state. This situation, however, can mean the monarch and/or members of the Royal Family will be promoting one nation and not another; a situation that has been met with criticism.[n 18] Symbols, associations, and awards Main article: Canadian royal symbols The main symbol of the monarchy is the sovereign herself,¹⁶³ described as "the personal expression of the Crown in Canada,"²³⁴ and her image is thus used to signify Canadian sovereignty and government authority—her effigy, for instance, appearing on currency, and her portrait in government buildings.¹²⁹ The sovereign is further both mentioned in and the subject of songs, loyal toasts, and salutes.²³⁵ A royal cypher, appearing on buildings and official seals, or a crown, seen on provincial and national coats of arms, as well as police force and Canadian Forces regimental and maritime badges and rank insignia, is also used to illustrate the monarchy as the locus of authority,²³⁶ the latter without referring to any specific monarch. Since the days of King Louis XIV,²³⁷ the monarch is the fount of all honours in Canada and the orders,²³⁷ ²³⁸ decorations, and medals form "an integral element of the Crown."²³⁷ Hence, the insignia and medallions for these awards bear a crown, cypher, and/or effigy of the monarch. Similarly, the country's heraldic authority was created by the Queen and, operating under the authority of the governor general, grants new coats of arms, flags, and badges in Canada. Use of the royal crown in such symbols is a gift from the monarch showing royal support and/or association, and requires her approval before being added.²³⁶ ²³⁹ Members of the Royal Family also act as ceremonial colonels-in-chief, commodores-in-chief, captains-general, air commodores-in-chief, generals, and admirals of various elements of the Canadian Forces, reflecting the Crown's relationship with the country's military through participation in events both at home and abroad.[n 19] The monarch also serves as the Commissioner-in-Chief, Prince Charles as Honorary Commissioner, and Prince Edward as Honorary Deputy Commissioner of the Royal Canadian Mounted Police.²⁴⁰ A number of Canadian civilian organizations have association with the monarchy, either through their being founded via a royal charter, having been granted the right to use the prefix royal before their name, or because at least one member of the Royal Family serves as a patron. In addition to the The Prince's Charities Canada, established by Charles, Prince of Wales, some other charities and volunteer organizations have also been founded as gifts to, or in honour of, some of Canada's monarchs or members of the Royal Family, such as the Victorian Order of Nurses (a gift to Queen Victoria for her Diamond Jubilee in 1897), the Canadian Cancer Fund (set up in honour of King George V's Silver Jubilee in 1935), and the Queen Elizabeth II Fund to Aid in Research on the Diseases of Children. A number of awards in Canada are likewise issued in the name of previous or present members of the Royal Family. Further, organizations will give commemorative gifts to members of the Royal Family to mark a visit or other important occasion. Canada's royal family and house Further information: Commonwealth realm § Royal family The Canadian Royal Family is a group of people related to the country's monarch²⁴¹ and, as such, belonging to the House of Windsor. There is no legal definition of who is or is not a member of the group, though the Government of Canada maintains a list of immediate members,²⁴² ²⁴³ and stipulates that those in the direct line of succession who bear the style of Royal Highness (Altesse Royale) are subjects of,²⁴⁴ and owe their allegiance specifically to, the reigning king or queen of Canada.²⁴⁵ The family members are distantly descended from, among others, Arab, Armenian, Cuman, French, German, Hungarian, Italian, Mongolian, Portuguese, and Serbian ethnicities.[n 20]²⁴⁷ Moreover, they are distant relations of the Belgian, Danish, Greek, Norwegian, Spanish, and Swedish royal families²⁴⁷ and, given the shared nature of the Canadian monarch, most are also of members of the British Royal Family. However, because Canada and the UK are independent of one another, it is incorrect to refer in the Canadian context to the family of the monarch as the "British Royal Family"²⁴⁸ —as is frequently done by Canadian and other media²⁴⁹ ²⁵⁰ —and there exist some differences between the official lists of each.[n 21] Further, in addition to the five Canadian citizens in the Royal Family,[n 22] the sovereign and those among her relations who do not meet the requirements of Canadian citizenship law are considered Canadian,²⁵⁶ ²⁵⁷ ²⁵⁸ which entitles them to Canadian consular assistance and the protection of the Queen's armed forces of Canada when they are in need of protection or aid outside of the Commonwealth realms,²⁴⁵ as well as to substantive appointment to Canadian orders or receipt of Canadian decorations.²⁵⁹ ²⁶⁰ Beyond legalities, members of the Royal Family have, on occasion, been said by the media and non-governmental organisations to be Canadian,[n 23] have declared themselves to be Canadian,[n 24] and some past members have lived in Canada for extended periods as viceroy or for other reasons.[n 25] Unlike in the United Kingdom, the monarch is the only member of the Royal Family with a title established through Canadian law. It would be possible for others to be granted distinctly Canadian titles (as is the case for the Duke of Rothesay (Prince Charles) in Scotland), but they have always been, and continue to only be, accorded the use of a courtesy title in Canada, which is that which they have been granted via letters patent in the UK, though they are also in Canada translated to French.²⁷⁴ According to the Canadian Royal Heritage Trust, Prince Edward Augustus, Duke of Kent and Strathearn—due to his having lived in Canada between 1791 and 1800, and fathering Queen Victoria—is the "ancestor of the modern Canadian Royal Family".²⁷¹ Nonetheless, the concept of the Canadian Royal Family did not emerge until after the passage of the Statute of Westminster in 1931, when Canadian officials only began to overtly consider putting the principles of Canada's new status as an independent kingdom into effect.²⁷⁵ At first, the monarch was the only member of the Royal Family to carry out public ceremonial duties solely on the advice of Canadian ministers; King Edward VIII became the first to do so when in July 1936 he dedicated the Canadian National Vimy Memorial in France.[n 16] Over the decades, however, the monarch's children, grandchildren, cousins, and their respective spouses began to also perform functions at the direction of the Canadian Crown-in-Council, representing the monarch within Canada or abroad. But it was not until October 2002 when the term Canadian Royal Family was first used publicly and officially by one of its members: in a speech to the Nunavut legislature at its opening, Queen Elizabeth II stated: "I am proud to be the first member of the Canadian Royal Family to be greeted in Canada's newest territory."²⁷⁶ Princess Anne used it again when speaking at Rideau Hall in 2014.²⁷⁷ By 2011, both Canadian and British media were referring to "Canada's royal family" or the "Canadian royal family".²⁷⁸ ²⁷⁹ ²⁸⁰ The press frequently follows the movements of the Royal Family, and can, at times, affect the group's popularity, which has fluctuated over the years. Mirroring the mood in the United Kingdom, the family's lowest approval was during the mid-1980s to 1990s, when the children of the monarch were enduring their divorces and were the targets of negative tabloid reporting. Federal residences and royal household Main article: Government Houses of Canada A number of buildings across Canada are reserved by the Crown for the use of the monarch and her viceroys. Each is called Government House, but may be customarily known by some specific name. The sovereign's and governor general's official residences are Rideau Hall in Ottawa and the Citadelle in Quebec City.[n 26] Each of these royal seats holds pieces from the Crown Collection.²⁹⁴ Further, though neither was ever used for their intended purpose, Hatley Castle in British Columbia was purchased in 1940 by King George VI in Right of Canada to use as his home during the course of World War II,²⁹⁵ and the Emergency Government Headquarters, built in 1959 at CFS Carp and decommissioned in 1994, included a residential apartment for the sovereign or governor general in the case of a nuclear attack on Ottawa.²⁹⁶ ²⁹⁷ Monarchs and members of their family have also owned in a private capacity homes and land in Canada: King Edward VIII owned Bedingfield Ranch, near Pekisko, Alberta;²⁹⁸ the Marquess of Lorne and Princess Louise owned a cottage on the Cascapédia River in Quebec;²⁹⁹ and Princess Margaret owned Portland Island between its gifting to her by the Crown in Right of British Columbia in 1958 and her death in 2002, though she offered it back to the Crown on permanent loan in 1966 and the island and surrounding waters eventually became Princess Margaret Marine Park.³⁰⁰ ³⁰¹ To assist the Queen in carrying out her official duties on behalf of Canada, she appoints various people to her Canadian household. Along with the Canadian Secretary to the Queen,²³¹ the monarch's entourage includes two ladies-in-waiting, the Canadian Equerry-in-Waiting to the Queen, the Queen's Police Officer, the Duke of Edinburgh's Police Officer,³⁰² the Queen's Honorary Physician, the Queen's Honorary Dental Surgeon, and the Queen's Honorary Nursing Officer³⁰³ —the latter three being drawn from the Canadian Forces.⁹⁹ Prince Edward, Earl of Wessex, also has a Canadian private secretary and his wife,³⁰⁴ Sophie, Countess of Wessex, a lady-in-waiting.³⁰⁵ Air transportation for the Royal Family is provided by the Royal Canadian Air Force 412 Transport Squadron. There are three household regiments specifically attached to the Royal Household—the Governor General's Foot Guards, the Governor General's Horse Guards, and the Canadian Grenadier Guards. There are also two chapels royal in Ontario.³⁰⁶ Though not officially a royal chapel, St. Bartholomew's Anglican Church, located across MacKay Street from Rideau Hall, is regularly used by governors general and their families and sometimes by the sovereign and other members of the Royal Family, as well as by viceregal household staff, their families, and members of the Governor General's Foot Guards, for whom the church also serves as a regimental chapel.³⁰⁷ History Main article: History of monarchy in Canada Further information: List of Canadian monarchs The Canadian monarchy can trace its ancestral lineage back to the kings of the Angles and the early Scottish kings and through the centuries since the claims of King Henry VII in 1497 and King Francis I in 1534; both being blood relatives of the current Canadian monarch. Former Prime Minister Stephen Harper said of the Crown that it "links us all together with the majestic past that takes us back to the Tudors, the Plantagenets, the Magna Carta, habeas corpus, petition of rights, and English common law."³⁰⁸ Though the first French and British colonizers of Canada interpreted the hereditary nature of some indigenous North American chieftainships as a form of monarchy,³⁰⁹ ³¹⁰ ³¹¹ it is generally accepted that Canada has been a territory of a monarch or a monarchy in its own right only since the establishment of colony of Canada in the early 16th century;⁴⁴ according to historian Jacques Monet, the Canadian Crown is one of the few that have survived through uninterrupted succession since before its inception.⁵³ After the Canadian colonies of France were, via war and treaties, ceded to the British Crown, and the population was greatly expanded by those loyal to George III fleeing north from persecution during and following the American Revolution, British North America was in 1867 confederated by Queen Victoria to form Canada as a kingdom in its own right.⁶⁰ ¹³³ ³¹² By the end of the First World War, the increased fortitude of Canadian nationalism inspired the country's leaders to push for greater independence from the King in his British Council, resulting in the creation of the uniquely Canadian monarchy through the Statute of Westminster, which was granted Royal Assent in 1931.³¹³ ³¹⁴ Only five years later, Canada had three successive kings in the space of one year, with the death of George V, the accession and abdication of Edward VIII, and his replacement by George VI. The latter became in 1939 the first reigning monarch of Canada to tour the country (though previous kings had done so before their accession). As the ease of travel increased, visits by the sovereign and other Royal Family members became more frequent and involved, seeing Queen Elizabeth II officiate at various moments of importance in the nation's history, one being when she proclaimed the country to be fully independent, via constitutional patriation, in 1982.²⁶⁷ That act is said to have entrenched the monarchy in Canada,³¹⁵ due to the stringent requirements, as laid out in the amending formula, that must be met in order to alter the monarchy in any way.¹⁰⁴ Through the 1960s and 1970s, the rise of Quebec nationalism and changes in Canadian identity created an atmosphere where the purpose and role of the monarchy came into question. Some references to the monarch and the monarchy were removed from the public eye and moves were made by the federal government to constitutionally alter the Crown's place and role in Canada, first by explicit legal amendments and later by subtle attrition impelled by elements of the public service, the Cabinet, and governors general and their staff alike.¹⁵⁷ ³¹⁶ ³¹⁷ But, provincial and federal ministers, along with loyal national citizen's organizations, ensured that the system remained the same in essence.³¹⁸ By 2002, the royal tour and associated fêtes for the Queen's Golden Jubilee proved popular with Canadians across the country,³¹⁹ ³²⁰ ³²¹ though Canada's first republican organization since the 1830s was also founded that year. Celebrations took place to mark Queen Elizabeth II's Diamond Jubilee in 2012,³²² ³²³ the first such event in Canada since that for Victoria in 1897. On 9 September 2015, she became the second-longest reigning monarch in Canadian history (preceded only by King Louis XIV);³²⁴ events were organised to celebrate her as the "longest-reigning sovereign in Canada's modern era."³²⁵ Public understanding Kingston, Ontario, named for King George III Patricia Lake, named for Princess Patricia of Connaught Princess Elizabeth Avenue, named for Queen Elizabeth II (formerly Princess Elizabeth) It has been theorised the monarchy is so prevalent in Canada—by way of all manner of symbols, place names, royal tours, etc.—that Canadians fail to take note of it. Commentators have in the late 20th and early 21st centuries stated that contemporary Canadians had and have a poor understanding of the Canadian monarchy,³²⁶ Michael D. Jackson saying in his book The Crown and Canadian Federalism that this is part of a wider ignorance about Canadian civics.³²⁷ While David Smith researched for his 1995 book The Invisible Crown, he found it difficult to "find anyone who could talk knowledgeably about the subject".³²⁸ Former Governor General Adrienne Clarkson said there is "an abysmal lack of knowledge about the system"³²⁹ and Senator Lowell Murray wrote in 2003: "The Crown has become irrelevant to most Canadian's understanding of our system of Government", which he attributed to the "fault of successive generations of politicians, of an educational system that has never given the institution due study, and of past viceregal incumbents themselves".³³⁰ These comments were echoed by teacher and author Nathan Tidridge, who asserted that, beginning in the 1960s, the role of the Crown disappeared from provincial education curricula, as the general subject of civics came to receive less attention.³¹⁷ He said Canadians are being "educated to be illiterate, ambivalent, or even hostile toward our constitutional monarchy".³²⁷ Michael Valpy also pointed to the fact that "The crown's role in the machinery of Canada's constitutional monarchy rarely sees daylight. Only a handful of times in our history has it been subjected to glaring sunshine, unfortunately resulting in a black hole of public understanding as to how it works."³³¹ He later iterated: "the public's attention span on the constitutional intricacies of the monarchy is clinically short".³³² John Pepall argued in 1990 that a "Liberal-inspired republican misconception of the role" of governor general had taken root, though the Conservative government headed by Brian Mulroney exacerbated the matter.³³³ The position of prime minister has simultaneously undergone, with encouragement from its occupants,³³³ what has been described as a "presidentialisation",³³⁴ ³³⁵ to the point that its incumbents publicly outshine the actual head of state.³³⁶ ³³⁷ Additionally, it has been theorised the monarchy is so prevalent in Canada—by way of all manner of symbols, place names, royal tours, etc.—that Canadians fail to take note of it; the monarchy "functions like a tasteful wallpaper pattern in Canada: enjoyable in an absent-minded way, but so ubiquitous as to be almost invisible".²⁵⁸ David S. Donovan felt that Canadians mostly considered the monarch and her representatives as purely ceremonial and symbolic figures.³³⁸ It was argued by Alfred Neitsch that this undermined the Crown's legitimacy as a check and balance in the governmental system.³³⁹ In the 2010s, a "growing interest in the Crown and its prerogatives" was observed, as evidenced by "a burst of articles, books and conferences". This was attributed to the coincidental occurrence of publicly prominent events over a number of years, including the 2008 prorogation dispute; an increased use of royal symbols as directed by the Cabinet while headed by Stephen Harper, including two consecutive royal tours; court cases focusing on the Oath of Citizenship; and increasingly active governors. Smith and Philippe Lagassé noted in early 2016 that post-secondary students were giving more focus to the subject of the Crown.³²⁸ Debate To date, outside of academic circles, there has been little national debate on the Canadian monarchy, a subject about which most Canadians are generally unaware.³⁴⁰ Out of Canada's three most prominent political parties, neither the Liberal Party nor the Conservative Party is officially in favour of abolishing the monarchy (though the latter makes support for constitutional monarchy a founding principle in its policy declaration³⁴¹ ) and the New Democratic Party (NDP) has no official position on the role of the Crown. Only some Members of Parliament belonging to these parties and the leaders of the Bloc Québécois have made any statements suggesting abolition of the monarchy.³⁴² ³⁴³ ³⁴⁴ Canada has two special-interest groups representing the debate, who frequently argue the issue in the media: the Monarchist League of Canada and Citizens for a Canadian Republic.³⁴⁵ ³⁴⁶ There are also other organizations that support and advocate the monarchy, such as the United Empire Loyalists' Association of Canada,³⁴⁷ the Canadian Royal Heritage Trust,³⁴⁸ the Orange Order in Canada,³⁴⁹ the Friends of the Canadian Crown,³⁵⁰ and Canadian Friends of the Royal Family.³⁵¹ The idea of a uniquely Canadian monarch,³⁵² either one descended from the present queen or coming from a First Nations royal house,⁴⁹ ³⁵³ ³⁵⁴ ³⁵⁵ has been proffered as an alternative. However, there has been no popular or official support for such a change. See also - Current Commonwealth realms - States headed by Elizabeth II - Monarchies in the Americas - List of monarchies Notes [1] The date of the first establishment of monarchy in Canada varies: some sources give the year as 1497, when John Cabot landed somewhere along the North American coast (most likely Nova Scotia or Newfoundland) claiming an undefined extent of land for King Henry VII,³⁷ ³⁸ ³⁹ while others put it at 1534, when the colony of Canada was founded in the name of King Francis I.⁴⁰ ⁴¹ ⁴² ⁴³ ⁴⁴ ⁴⁵ Although the exact date differs, the fact that a monarchical form of governance has existed since the 16th century is in common agreement.⁴⁶ ⁴⁷ ⁴⁸ ⁴⁹ ⁵⁰ [2] The term was first coined by Governor General the Lord Grey in 1905, when he stated in a telegram to King Edward VII regarding the inauguration of Alberta and Saskatchewan into Confederation: "[each one] a new leaf in Your Majesty's Maple Crown".⁴² ⁵⁴ ⁵⁵ [3] On a number of occasions, the sovereign has carried out foreign relations as the representative uniquely of Canada, such as the visits to the United States by King George VI in 1939 and Queen Elizabeth II in 1957. [4] The English Court of Appeal ruled in 1982, while "there is only one person who is the Sovereign within the British Commonwealth ... in matters of law and government the Queen of the United Kingdom, for example, is entirely independent and distinct from the Queen of Canada."⁵⁸ [5] In 1997, then Prime Minister of the United Kingdom Tony Blair intended to offer a life peerage to Canadian businessman Conrad Black. However, citing the 1919 Nickle Resolution, the Canadian Cabinet advised the Queen not to grant Black such an honour. If Blair had not yielded, the Queen would have been in the situation of having to grant an honour on the advice of her British prime minister and to object to the same as Queen of Canada on the advice of then Canadian Prime Minister Jean Chrétien. [6] For example, Edward VIII was never crowned, yet was undoubtedly king during his short time on the throne. [7] The only Canadian monarch to abdicate, Edward VIII, did so with the authorization of the Canadian government granted in His Majesty's Declaration of Abdication Act, 1936, and the Succession to the Throne Act, 1937, later confirmed this in law. [8] Gary Toffoli of the Canadian Royal Heritage Trust stated that the approval given by the Queen in her Canadian Council in 1981 to the marriage of Charles, Prince of Wales, and Lady Diana Spencer⁹¹ separately to the same approval given by the Queen in her British Council illustrated the existence of the Royal Marriages Act in Canadian law.⁹² In 1947, the King in his Canadian Council gave the same consent to the marriage of Princess Elizabeth to Philip Mountbatten, again separate from the approval he gave in his British Council.⁹¹ [9] For example, if a lawsuit is filed against the federal government, the respondent is formally described as Her Majesty the Queen in Right of Canada, or simply Regina.⁹⁹ Likewise, in a case in which a party sues both the province of Saskatchewan and the federal government, the respondents would be formally called Her Majesty the Queen in Right of Saskatchewan and Her Majesty the Queen in Right of Canada.¹⁰² [10] Illustrative of this arrangement is property transfers; of this, the Ontario Ministry of Natural Resources states: "When public land is required by the federal government or one of its departments, or any provincial ministry, the land itself is not transferred. What is transferred is the responsibility to manage the lands on behalf of Her Majesty the Queen (HMQ). This is accomplished by an Order in Council or a Minister's Order which transfers management of land either from HMQ in right of Ontario to HMQ in right of Canada as represented by a department or to HMQ in right of Ontario as represented by another ministry. The Crown does not transfer ownership to itself."¹⁰³ [11] The sovereign has been described by Eugene Forsey as the "symbolic embodiment of the people—not a particular group or interest or party, but the people, the whole people";⁷¹ his daughter, Helen Forsey, said of his opinion on the Crown: "For him, the essence of the monarchy was its impartial representation of the common interests of the citizenry as a whole, as opposed to those of any particular government."⁷¹ The Department of Canadian Heritage said the Crown serves as the "personal symbol of allegiance, unity and authority for all Canadians,"⁶⁰ ¹⁰⁷ a concept akin to that expressed by King Louis XIV: "l'État, c'est moi", or, "I am the state".¹⁰⁸ Robertson Davies stated in 1994: "the Crown is the consecrated spirit of Canada,"¹⁰⁹ and past Ontario chairman of the Monarchist League of Canada Gary Toffoli opined: "The Queen is the legal embodiment of the state at both the national and the provincial levels ... she is our sovereign and it is the role of the Queen, recognized by the constitutional law of Canada, to embody the state."¹¹⁰ [12] As Peter Boyce put it: "The Crown as a concept cannot be disentangled from the person of the monarch, but standard reference to the Crown extends well beyond the Queen's person."¹²⁰ [13] The Supreme Court found in the 1980 case Attorney General of Quebec v. Labrecque that civil servants in Canada are not contracted by an abstraction called "the state", but rather they are employed by the monarch, who "enjoys a general capacity to contract in accordance with the rule of ordinary law."¹²⁵ [14] It is stated in the Rules & Forms of the House of Commons of Canada that "allegiance to the King means allegiance to the Country."¹²⁸ [15] See 'Responsibilities' and Note 1 at Cabinet of Canada. [16] Though the Royal Family represents other countries abroad, as directed by their respective cabinets, and typically the governor general will undertake state visits and other foreign duties on behalf of the Queen of Canada,¹¹³ ²⁰⁷ ²⁰⁸ members of the Royal Family will also take part in Canadian events overseas.²⁰⁹ ²¹⁰ ²¹¹ ²¹² ²¹³ ²¹⁴ ²¹⁵ ²¹⁶ ²¹⁷ ²¹⁸ ²¹⁹ ²²⁰ ²²¹ ²²² ²²³ [17] In 1970, Queen Elizabeth II, the Duke of Edinburgh, Prince Charles, and Princess Anne undertook a tour of Northern Canada, in part to demonstrate to an unconvinced American government and the Soviet Union that Canada had certain claim to its Arctic territories, which were strategic during the Cold War.²²⁸ [18] Former external affairs minister Mitchell Sharp commented on a situation wherein Elizabeth II was in Latin America to promote British goods at the same time a Canadian ministerial trip to the same area was underway to promote Canadian products. Sharp stated: "We couldn't ask Her Majesty to perform the function she was performing for Britain on that Latin American trip because the Queen is never recognized as Queen of Canada, except when she is in Canada."²³³ The Queen's participation in Canadian events overseas contradicts Sharp's statement, however.[n 3][n 16] [19] Such events include Troopings of the Colour, inspections of the troops, and anniversaries of key battles; whenever the sovereign or a member of her family is in Ottawa, they lay a wreath at the National War Memorial. [20] Moroccan and Chinese officials claim, respectively, that members of the Royal Family are also directly descended from the Islamic prophet, Muhammad and Tang Dynasty Chinese Emperors.²⁴⁶ [21] For instance, while he never held the style His Royal Highness, Angus Ogilvy was included in the Department of Canadian Heritage's royal family list, but was not considered a member of the British Royal Family.²⁵¹ [22] Two Canadian citizens married into the Royal Family: In 1988, Sylvana Jones (née Tomaselli in Placentia, Newfoundland) wed George Windsor, Earl of St Andrews, a great-grandson of King George V, and, on 18 May 2008, Autumn Kelly, originally from Montreal, married Queen Elizabeth II's eldest grandson, Peter Phillips.²⁵² The latter couple has two children, 14th and 15th in line to the throne, who each hold dual Canadian and British citizenship,²⁵³ ²⁵⁴ as do the three children of George Windsor, though only the youngest, Lady Amelia Windsor, is in line to the throne, currently 36th.²⁵⁵ More distantly, Princes Boris and Hermann Friedrich of Leiningen, great-great-great grandsons of Queen Victoria, are also Canadian citizens. [23] As early as 1959, it was recognized that the Queen was "equally at home in all her realms";²⁶¹ By the 1960s, loyal societies in Canada recognized the Queen's cousin, Princess Alexandra, The Honourable Lady Ogilvy, as a "Canadian princess";²⁶² and, at the time of the 2011 royal tour of Prince William, Duke of Cambridge and Catherine, Duchess of Cambridge, both Michael Valpy, writing for the CBC, and The Globe and Mail referred to William as "a prince of Canada".²⁶³ ²⁶⁴ [24] Princess Elizabeth, Duchess of Edinburgh, said in 1951 that when in Canada she was "amongst fellow countrymen".⁶⁹ ²⁶⁵ When queen, she, in 1983, before departing the United States for Canada, said "I'm going home to Canada tomorrow" and,²⁶⁶ in 2005, said she agreed with the statement earlier made by her mother, Queen Elizabeth, that Canada felt like a "home away from home".²⁶⁷ Similarly, the Queen stated in 2010, in Nova Scotia, "it is very good to be home".²⁶⁸ [25] Prince Edward, Duke of Kent and Strathearn, served as the Commander of British North American troops in Canada's Maritimes for nine years after 1791, mostly in Halifax;²⁶⁹ his granddaughter, Princess Louise, Marchioness of Lorne, lived in Canada between 1878 and 1883 as viceregal consort;²⁷⁰ and her brother, Prince Arthur, Duke of Connaught and Strathearn, resided in Canada first through 1870 as a member of the Canadian Militia, defending Canada from the Fenian Raids,²⁷¹ and then as governor general from 1911 until 1916.²⁷² Later, for six years beginning in 1940, Princess Alice, Countess of Athlone (a great-grandchild of the Duke of Kent), lived in Canada with her husband, the Earl of Athlone (himself a great-grandchild of King George III),²⁷¹ while he served as governor general.²⁷³ [26] While the government houses are the Queen's official residences in Canada, they are almost exclusively occupied by the sovereign's representative in each of those jurisdictions that have a government house or houses.²⁸¹ Two government houses—Rideau Hall and the Citadelle of Quebec—are regarded as federal residences of the Canadian monarch and his or her representative, the governor general.²⁸² ²⁸³ ²⁸⁴ ²⁸⁵ ²⁸⁶ ²⁸⁷ ²⁸⁸ ²⁸⁹ ²⁹⁰ ²⁹¹ ²⁹² ²⁹³ Citations [1] Department of Canadian Heritage. 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"Will the prorogation of Parliament set off a populist revolt?". Maclean's. Toronto: Kenneth Whyte. ISSN 0024-9262. Retrieved 27 January 2010. [335] "Time to address democratic deficit", Toronto Star, 27 January 2010, retrieved 27 January 2010 [336] Jackson, Michael D. (2009). "The Senior Realms of the Queen". Canadian Monarchist News. Toronto: Monarchist League of Canada. Autumn 2009 (30): 10. Archived from the original (PDF) on 17 November 2009. Retrieved 17 January 2010. [337] Blair, Louisa (2001). Venne, Michel, ed. Vive Quebec!: new thinking and new approaches to the Quebec nation. Toronto: James Lorimer & Company. p. 91. ISBN 978-1-55028-734-9. [338] Donovan, David S. (27 May 2009), The Governor General and Lieutenant Governors: Canada's Misunderstood Viceroys (PDF), Canadian Political Science Association, p. 2, retrieved 22 October 2012 [339] Neitsch, Alfred Thomas (2006). In loco Regis: The Contemporary Role of the Governor General and Lieutenant Governor in Canada. Edmonton: University of Alberta Press. p. 39. [340] EKOS 2002, p. 34 [341] "Policy Declaration". Ottawa: Conservative Party. 29 March 2005: 1. Archived from the original (PDF) on 20 December 2010. Retrieved 1 June 2010. [342] "Manley regrets focus on anti-monarchy comments". CTV. 6 October 2002. Retrieved 28 May 2009. [343] "Bloc Québécois leader calls monarchy "ridiculous"". CTV. 7 May 2008. Retrieved 28 May 2009. [344] Thompson, Elizabeth (17 April 2007). "Royal rumble: Queen not welcome at Quebec celebrations, Duceppe says". The Gazette. Retrieved 28 May 2009. [345] "Who we are and what we do". Monarchist League of Canada. Archived from the original on 23 April 2008. Retrieved 28 May 2009. [346] "Our goals". Citizens for a Canadian Republic. Retrieved 28 May 2009. [347] Mackenzie, Anne (2008). "A Short History of the United Empire Loyalists" (PDF). The United Empire Loyalists' Association of Canada: 5. Retrieved 28 May 2009. [348] "Discovering Canada's Monarchy". Canadian Royal Heritage Trust. Archived from the original on 15 April 2008. Retrieved 28 May 2009. [349] "Purpose Statement > What the Association Stands For". Loyal Orange Association. Retrieved 28 May 2009. [350] "Ottawa Conference Discusses Monarchy" (PDF). Canadian Monarchist News. Toronto: Monarchist League of Canada (31): 10. Spring–Summer 2010. Retrieved 17 June 2010. [351] "Canadians apathetic about Prince Charles: poll". CBC. 26 October 2009. Retrieved 21 September 2015. [352] Bethune, Brian; Treble, Patricia (1 July 2010). "Who will wear the crown in Canada?". Maclean's. Toronto: Rogers Communications (July 2010). ISSN 0024-9262. Retrieved 6 July 2010. [353] Clarke, George Elliott (7 June 2005). "Speech to the University of Alberta Convocation". In Lingley, Scott. Clarke calls on grads to help achieve the ideals of Canada. Calgary: University of Alberta Senate. Retrieved 24 May 2009. [354] "Arguments for Repatriating the Monarchy". The Monarchist. 25 June 2010. Retrieved 23 June 2010. [355] Gillespie, Kevin (2010). "A Uniquely Canadian Crown?" (PDF). Canadian Monarchist News. Toronto: Monarchist League of Canada. Spring-Summer 2010 (31): 11. Retrieved 18 December 2014. References - Benoit, Paul (2002), "The Crown and the Constitution" (PDF), Canadian Parliamentary Review, Ottawa: Commonwealth Parliamentary Association, 25 (2), retrieved 21 May 2009 - Bousfield, Arthur; Toffoli, Gary (2002), Fifty Years the Queen, Toronto: Dundurn Press, ISBN 1-55002-360-8 - Forsey, Eugene (2005), How Canadians Govern Themselves (PDF) (6 ed.), Ottawa: Queen's Printer for Canada, ISBN 0-662-39689-8, archived from the original (PDF) on 31 March 2012, retrieved 14 May 2009 - Galbraith, William (1989), "Fiftieth Anniversary of the 1939 Royal Visit", Canadian Parliamentary Review, Ottawa: Commonwealth Parliamentary Association, 12 (3), retrieved 5 December 2015 - MacKinnon, Frank (1976), The Crown in Canada, Calgary: Glenbow-Alberta Institute, p. 69, ISBN 978-0-7712-1016-7 - MacLeod, Kevin S. (2015), A Crown of Maples (3 ed.), Ottawa: Queen's Printer for Canada, ISBN 978-0-662-46012-1, retrieved 20 February 2015 - MacLeod, Kevin S. (2012), A Crown of Maples (PDF) (2 ed.), Ottawa: Queen's Printer for Canada, retrieved 20 February 2015 - McWhinney, Edward (2005), The Governor General and the Prime Ministers, Vancouver: Ronsdale Press, ISBN 1-55380-031-1 - Neitsch, Alfred Thomas (2008), "A Tradition of Vigilance: The Role of Lieutenant Governor in Alberta", Canadian Parliamentary Review, Ottawa: Commonwealth Parliamentary Association, 30 (4), archived from the original (PDF) on 12 February 2010 July 2012, retrieved 22 May 2009 Check date values in: |archive-date= (help) - Noonan, Peter C. (1998), The Crown and Constitutional Law in Canada, Calgary: Sripnoon Publications, ISBN 978-0-9683534-0-0 - Roberts, Edward (2009), "Ensuring Constitutional Wisdom During Unconventional Times", Canadian Parliamentary Review, Ottawa: Commonwealth Parliamentary Association, 23 (1), archived from the original (PDF) on 12 February 2010 July 2012, retrieved 21 May 2009 Check date values in: |archive-date= (help) - Smith, David E. (1995), The Invisible Crown, Toronto: University of Toronto Press, ISBN 0-8020-7793-5 - Tidridge, Nathan (2011), Canada's Constitutional Monarchy: An Introduction to Our Form of Government, Toronto: Dundurn Press, ISBN 978-1-4597-0084-0 - Trepanier, Peter (2004), "Some Visual Aspects of the Monarchical Tradition", Canadian Parliamentary Review, Ottawa: Commonwealth Parliamentary Association, 27 (2), archived from the original (PDF) on 8 March 2010 December 2011, retrieved 8 October 2009 Check date values in: |archive-date= (help) Further information Reading - Bousfield, Arthur; Toffoli, Gary (1991). Royal Observations: Canadians and Royalty. Hamilton: Dundurn Press. ISBN 1-55002-076-5. - Canadian Press (2002). Queen Elizabeth II and the Royal Family in Canada (Golden Jubilee). Toronto: Quarry Heritage. ISBN 1-55082-301-9. - Coates, Colin (2006). Majesty In Canada: Essays On The Role of Royalty. Hamilton: Dundurn Press. ISBN 1-55002-586-4. - Farthing, John (1957), Robinson, Judith, ed., Freedom Wears a Crown (First ed.), Toronto: Kingswood House, ASIN B002CZW3T2 - MacKinnon, Frank (1976). The Crown in Canada. Calgary, Alta.: Glenbow-Alberta Institute: McClelland and Stewart West. 189 p. ISBN 0-7712-1016-7 pbk - Monet, Jacques (1979). The Canadian Crown. Toronto-Vancouver: Clarke, Irwin & Company Ltd. ISBN 0-7720-1252-0. - Munro, Kenneth (1977). Coates, Colin, ed. "The Crown and French Canada: The role of the Governors-General in Making the Crown relevant, 1867–1917". Imperial Canada. The University of Edinburgh: 109–121. - Munro, Kenneth (March 2001). "Canada as Reflected in her Participation in the Coronation of her Monarchs in the Twentieth Century". Journal of Historical Sociology. 14: 21–46. doi:10.1111/1467-6443.00133. - Smith, David E. (1999). The Republican Option in Canada: Past and Present. Toronto-Buffalo-London: University of Toronto Press. ISBN 0-8020-4469-7. - Tasko, Patti (2007). Canada's Queen: Elizabeth II: A Celebration of Her Majestys Friendship with the People of Canada. Toronto: John Wiley & Sons. ISBN 0-470-15444-6. - Tidridge, Nathan; Guthrie, Gavin (2007). The Canadian Monarchy: Exploring the role of Canada's Crown in the day-to-day life of our country. Toronto: Monarchist League of Canada. ISBN 0-9781853-0-7. - Vaughan, Frederick (2004). Canadian Federalist Experiment: From Defiant Monarchy to Reluctant Republic. Montreal: McGill-Queen's University Press. ISBN 0-7735-2537-8. Viewing - Howe, John (1957). The Sceptre and the Mace (Film). Ottawa: National Film Board. External links - Canada: A Constitutional Monarchy from the Parliament of Canada - Buckingham Palace website for the Canadian Monarchy - Maple Leaf Web: The Monarchy in Canada - The Canadian Crown - Film footage of Queen Elizabeth II in Canada on YouTube - The Royal Collection: Film footage of the Duke and Duchess of Edinburgh in Canada, 1951 - Film footage of King George VI and Queen Elizabeth in Canada, 1939 on YouTube - National Film Board of Canada films on the Canadian monarchy - Succession to the Crown: foiled by Canada? (18th Sept 2014), Anne Twomey video (39:15 mins.) Government of Canada The Government of Canada (French: Gouvernement du Canada) or more formally Her Majesty's Government¹ ² ³ (French: Gouvernement de Sa Majesté), is the federal government of Canada, a country in North America, composed of 10 provinces, Ottawa (the nation's capital), and 3 territories. The head of government is Prime Minister Justin Trudeau, whose party the Liberal Party of Canada won the majority of seats in the Canadian Parliament in the 2015 Canadian federal election. In Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council. In both senses, the construct was established at Confederation—through the Constitution Act, 1867—as a federal constitutional monarchy, wherein the Canadian Crown acts as the core, or "the most basic building block,"⁴ of its Westminster-style parliamentary democracy.⁵ The Crown is thus the foundation of the executive, legislative, and judicial branches of the Canadian government, with powers vested in the Prime Minister, the Canadian Parliament, and federal courts. ⁶ ⁷ ⁸ Further elements of governance are outlined in the rest of the Canadian constitution, which includes written statutes, court rulings, and unwritten conventions developed over centuries.⁹ Usage In Canadian English, the word government is used to refer both to the whole set of institutions that govern the country (as in American usage, but where Britons would use state), and to the current political leadership (as in British usage, but where Americans would use administration). In federal department press releases, the government has sometimes been referred to by the phrase [last name of prime minister] Government; this terminology has been commonly employed in the media.¹⁰ In late 2010, an informal instruction from the Office of the Prime Minister urged government departments to consistently use in all department communications the term (at that time Harper Government) in place of Government of Canada.¹¹ The same cabinet earlier directed its press department to use the phrase Canada's New Government.¹⁰ Monarchy Main article: Monarchy of Canada As per the Constitution Acts of 1867 and 1982, Canada is a constitutional monarchy, wherein the role of the reigning sovereign is both legal and practical, but not political.¹² The Crown is regarded as a corporation sole, with the monarch, vested as she is with all powers of state,¹³ at the centre of a construct in which the power of the whole is shared by multiple institutions of government acting under the sovereign's authority.¹⁴ ¹⁵ ¹⁶ The executive is thus formally called the Queen-in-Council, the legislature the Queen-in-Parliament, and the courts as the Queen on the Bench.⁷ Royal Assent is required to enact laws and, as part of the Royal Prerogative, the royal sign-manual gives authority to letters patent and orders in council, though the authority for these acts stems from the Canadian populace and,¹⁷ ¹⁸ within the conventional stipulations of constitutional monarchy, the sovereign's direct participation in any of these areas of governance is limited.¹⁹ ²⁰ The Royal Prerogative also includes summoning, proroguing, and dissolving parliament in order to call an election, and extends to foreign affairs: the negotiation and ratification of treaties, alliances, international agreements, and declarations of war;²¹ the accreditation of Canadian, and receipt of foreign, diplomats; and the issuance of passports.²² The person who is monarch of Canada (currently Queen Elizabeth II) is also the monarch of 15 other countries in the Commonwealth of Nations, though, he or she reigns separately as King or Queen of Canada, an office that is "truly Canadian" and "totally independent from that of the Queen of the United Kingdom and the other Commonwealth realms".²³ ²⁴ On the advice of the Canadian Prime Minister, the sovereign appoints a federal viceregal representative—the Governor General of Canada (currently David Johnston)—who, since 1947, is permitted to exercise almost all of the monarch's Royal Prerogative, though there are some duties which must be specifically performed by, or bills that require assent by, the king or queen. Executive power Main article: Queen's Privy Council for Canada The government is defined by the constitution as the Queen acting on the advice of her privy council.¹ ²⁵ ²⁶ ²⁷ However, the Privy Council—consisting mostly of former members of parliament, chief justices of the supreme court, and other elder statesmen—rarely meets in full. As the stipulations of responsible government require that those who directly advise the monarch and governor general on how to exercise the Royal Prerogative be accountable to the elected House of Commons, the day-to-day operation of government is guided only by a sub-group of the Privy Council made up of individuals who hold seats in parliament.²⁷ This body of ministers of the Crown is the Cabinet. One of the main duties of the Crown is to ensure that a democratic government is always in place,²⁸ which means appointing a prime minister (at present Justin Trudeau) to thereafter head the Cabinet.²⁹ Thus, the governor general must appoint as prime minister the person who holds the confidence of the House of Commons; in practice, this is typically the leader of the political party that holds more seats than any other party in that chamber, currently the Liberal Party. Should no party hold a majority in the commons, the leader of one party—either the one with the most seats or one supported by other parties—will be called by the governor general to form a minority government. Once sworn in by the viceroy, the prime minister holds office until he or she resigns or is removed by the governor general, after either a motion of non-confidence or his party's defeat in a general election. The monarch and governor general typically follow the near-binding advice of their ministers. It is important to note, however, that the Royal Prerogative belongs to the Crown and not to any of the ministers,¹⁶ ³⁰ who rule "in trust" for the monarch and,³¹ upon losing the confidence of the commons, must relinquish the Crown's power back to it,³² whereupon a new government, which can hold the lower chamber's confidence, is installed by the governor general. The royal and viceroyal figures may unilaterally use these powers in exceptional constitutional crisis situations.[n 1] Politicians can sometimes try to use to their favour the complexity of the relationship between the monarch, viceroy, ministers, and parliament, and the public's general unfamiliarity with it.[n 2] Legislative power Main article: Parliament of Canada The Parliament of Canada, the bicameral national legislature located on Parliament Hill in the national capital of Ottawa, consists of the Queen (represented by the governor general), the appointed Senate (upper house), and the elected House of Commons (lower house).³³ The governor general summons and appoints each of the 105 senators on the advice of the prime minister,³⁴ while the 338 members of the House of Commons (Members of Parliament) are directly elected by eligible voters in the Canadian populace, with each member representing a single electoral district for a period mandated by law of not more than four years;³⁵ the constitution mandates a maximum of five years. Per democratic tradition, the House of Commons is the dominant branch of parliament; the Senate and Crown rarely oppose its will. The Senate, thus, reviews legislation from a less partisan standpoint. The Constitution Act, 1867, outlines that the governor general is responsible for summoning parliament in the Queen's name. A parliamentary session lasts until a prorogation, after which, without ceremony, both chambers of the legislature cease all legislative business until the governor general issues another royal proclamation calling for a new session to begin. After a number of such sessions, each parliament comes to an end via dissolution. As a general election typically follows, the timing of a dissolution is usually politically motivated, with the prime minister selecting a moment most advantageous to his or her political party. The end of a parliament may also be necessary, however, if the majority of Members of Parliament revoke their confidence in the Prime Minister's ability to govern, or the legally mandated (as per the Canada Elections Act) four-year maximum is reached; no parliament has been allowed to expire in such a fashion. Judicial power Main article: Court system of Canada The sovereign is responsible for rendering justice for all her subjects, and is thus traditionally deemed the fount of justice.³⁶ However, she does not personally rule in judicial cases; instead the judicial functions of the Royal Prerogative are performed in trust and in the Queen's name by officers of Her Majesty's courts. The Supreme Court of Canada—the country's court of last resort—has nine justices appointed by the governor general on recommendation by the prime minister and led by the Chief Justice of Canada, and hears appeals from decisions rendered by the various appellate courts from the provinces and territories. Below this is the Federal Court, which hears cases arising under certain areas of federal law.³⁷ It works in conjunction with the Federal Court of Appeal and Tax Court of Canada.³⁸ Federalism Main article: Canadian federalism The powers of the parliaments in Canada are limited by the constitution, which divides legislative abilities between the federal and provincial governments; in general, the legislatures of the provinces may only pass laws relating to topics explicitly reserved for them by the constitution, such as education, provincial officers, municipal government, charitable institutions, and "matters of a merely local or private nature,"³⁹ while any matter not under the exclusive authority of the provincial legislatures is within the scope of the federal parliament's power. Thus, the parliament at Ottawa alone can pass laws relating to, amongst other things, the postal service, the census, the military, criminal law, navigation and shipping, fishing, currency, banking, weights and measures, bankruptcy, copyrights, patents, First Nations, and naturalization.⁴⁰ In some cases, however, the jurisdictions of the federal and provincial parliaments may be more vague. For instance, the federal parliament regulates marriage and divorce in general, but the solemnization of marriage is regulated only by the provincial legislatures. Other examples include the powers of both the federal and provincial parliaments to impose taxes, borrow money, punish crimes, and regulate agriculture. Public understanding Further information: Monarchy of Canada § Public understanding Polls have suggested Canadians generally do not have a solid understanding of civics,⁴¹ which has been theorised to be a result of less attention being given to the subject in provincial education curricula, beginning in the 1960s.⁴² By 2008, a poll showed only 24% of respondents could name the Queen as head of state;⁴³ Senator Lowell Murray wrote five years earlier: "The Crown has become irrelevant to most Canadian's understanding of our system of Government."⁴⁴ John Robson opined in 2015: "intellectually, voters and commentators succumb to the mistaken notion that we elect 'governments' of prime ministers and cabinets with untrammelled authority, that indeed ideal 'democracy' consists precisely in this kind of plebiscitary autocracy."⁴⁵ Politicians have, on occasion, taken advantage of such misunderstandings, as when then members of the Cabinet, headed by Stephen Harper, suggested in 2008 a change of government by way of a non-confidence vote by a coalition of opposition parties was undemocratic and tantamount to a coup d'état⁴⁶ and Harper in 2015 stated Canadians voters elect governments.⁴⁷ See also - Structure of the Canadian federal government - Politics of Canada - .gc.ca Notes [1] See 'Responsibilities' and Note 1 at Cabinet of Canada. [2] It was said by Helen Forsey: "The inherent complexity and subtlety of this type of constitutional situation can make it hard for the general public to fully grasp the implications. That confusion gives an unscrupulous government plenty of opportunity to oversimplify and misrepresent, making much of the alleged conflict between popular democracy—supposedly embodied in the Prime Minister—and the constitutional mechanisms at the heart of responsible government, notably the 'reserve powers' of the Crown, which gets portrayed as illegitimate." As examples, she cited the campaign of William Lyon Mackenzie King following the King–Byng Affair of 1926 and Stephen Harper's comments during the 2008–2009 Canadian parliamentary dispute.¹² References [1] MacLeod, Kevin S. (2008), A Crown of Maples (1 ed.), Ottawa: Queen's Printer for Canada, p. 18, ISBN 978-0-662-46012-1, retrieved 21 June 2009 [2] Government of Canada. "Speech From the Throne > Frequently Asked Questions". Queen's Printer for Canada. Retrieved 4 June 2010. [3] Grand Chief's Office, Treaty 3 Between Her Majesty, the Queen, and the Saulteaux Tribe of the Ojibway Indians at the Northwest Angle on the Lake of the Woods With Adhesions, The Grand Council of Treaty #3, retrieved 4 June 2010 [4] Department of Canadian Heritage (February 2009), Canadian Heritage Portfolio (PDF) (2 ed.), Ottawa: Queen's Printer for Canada, p. 3, ISBN 978-1-100-11529-0, retrieved 5 July 2009 [5] Coyne, Andrew (13 November 2009). "Defending the royals". Maclean's. Toronto: Rogers Communications. ISSN 0024-9262. Retrieved 17 November 2009. [6] Victoria (1867), Constitution Act, 1867, III.15, Westminster: Queen's Printer (published 29 March 1867), retrieved 15 January 2009 [7] MacLeod 2008, p. 17 [8] Department of Canadian Heritage 2009, p. 4 [9] Brooks, Stephen Farper (2007). Canadian Democracy: An Introduction (5 ed.). Don Mills: Oxford University Press. p. 126. ISBN 978-0-19-543103-2. [10] Cheadle, Bruce (3 March 2011), "Tories re-brand government in Stephen Harper's name", The Globe and Mail, retrieved 26 April 2011 [11] "Tories defend use of 'Harper Government'". CTV. 7 March 2011. Retrieved 9 May 2011. [12] Forsey, Helen (1 October 2010). "As David Johnson Enters Rideau Hall ...". The Monitor. Ottawa: Canadian Centre for Policy Alternatives. Retrieved 23 January 2011. [13] Privy Council Office (2008). Accountable Government: A Guide for Ministers and Ministers of State – 2008. Ottawa: Queen's Printer for Canada. p. 45. ISBN 978-1-100-11096-7. Retrieved 17 May 2009. [14] Smith, David E. (10 June 2010), "The Crown and the Constitution: Sustaining Democracy?" (PDF), The Crown in Canada: Present Realities and Future Options, Kingston: Queen's University, p. 6, retrieved 18 May 2010 [15] Table Research Branch of the House of Commons (March 2008), Compendium of Procedure (PDF), Ottawa: Queen's Printer for Canada, p. 1, retrieved 14 October 2009 [16] Cox, Noel (September 2002). "Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence". Murdoch University Electronic Journal of Law. Perth: Murdoch University. 9 (3): 12. Retrieved 17 May 2009. [17] Forsey, Eugene (2005). How Canadians Govern Themselves (PDF) (6 ed.). Ottawa: Queen's Printer for Canada. p. 1. ISBN 0-662-39689-8. Retrieved 14 May 2008. [18] Marleau, Robert; Montpetit, Camille (2000). "House of Commons > 1. Parliamentary Institutions". Queen's Printer for Canada. Retrieved 28 September 2009. [19] MacLeod 2008, p. 16 [20] Russell, Peter (1983), "Bold Statecraft, Questionable Jurisprudence", in Banting, Keith G.; Simeon, Richard, And no one cheered: federalism, democracy, and the Constitution Act, Toronto: Taylor & Francis, p. 217, ISBN 978-0-458-95950-1 [21] Brode, Patrick (1 May 2006), "War power and the Royal Prerogative", Law Times, retrieved 22 October 2012 [22] Elizabeth II (2006). "Canadian Passport Order" (PDF). 4.4. Ottawa: Queen's Printer for Canada (published 28 June 2006). Retrieved 19 May 2009. [23] Crown of Maples- Constitutional Monarchy in Canada (2008 ed.). Queen's Printer for Canada. 2008. pp. 5, 12, 20, 40, 49. ISBN 978-0-662-46012-1. Retrieved 2 May 2012. [24] "The Queen and Canada: History and present Government". The Royal Household. Retrieved 2 May 2012. [25] Wrong, Humphrey Hume (10 November 1952), Department of Foreign Affairs and International Trade Canada, ed., "Relations With the United States (Telegram 219)", Documents on Canadian External Relations, Ottawa, 18 – 867, retrieved 18 May 2009 [26] Victoria 1867, III.9 & 11 [27] Marleau & Montpetit 2000, The Executive [28] Boyce, Peter (2008), written at Sydney, Jackson, Michael D., ed., "The Senior Realms of the Queen; The Queen's Other Realms: The Crown and its Legacy in Australia, Canada and New Zealand (ISBN 9-781-86287-700-9)" (PDF), Canadian Monarchist News, Toronto: Monarchist League of Canada (published October 2009), Autumn 2009 (30), p. 9, archived from the original (PDF) on 29 December 2009, retrieved 22 October 2009 [29] Office of the Governor General of Canada. "Media > Fact Sheets > The Swearing-In of a New Ministry". Queen's Printer for Canada. Retrieved 18 May 2009. [30] Neitsch, Alfred Thomas (2008). "A Tradition of Vigilance: The Role of Lieutenant Governor in Alberta" (PDF). Canadian Parliamentary Review. Ottawa: Commonwealth Parliamentary Association. 30 (4): 23. Retrieved 22 May 2009. [31] MacLeod 2008, p. 8 [32] Nathan Tidridge (2011). Canada's Constitutional Monarchy: An Introduction to Our Form of Government. Dundurn. p. 65. ISBN 978-1-4597-0084-0. [33] Victoria 1867, IV.17 [34] Victoria 1867, IV.24 [35] Elizabeth II (31 May 2000), Canada Elections Act, 56.1.2, Ottawa: Queen's Printer for Canada, retrieved 20 November 2009 [36] "Debates of the Senate (Hansard), 2nd Session, 36th Parliament, Volume 138, Issue 29". Parliamentary Debates (Hansard). Senate. 17 February 2000. col. 1500–1510. [37] Federal Court. "About the Court > Jurisdiction". Queen's Printer for Canada. Retrieved 20 November 2009. [38] Elizabeth II (27 March 2002), Courts Administration Service Act, 2.a, Ottawa: Queen's Printer for Canada, retrieved 18 November 2009 [39] Victoria 1867, VI.92 [40] Victoria 1867, VI.91 [41] Jackson, Michael D. (2013), The Crown and Canadian Federalism, Dundurn Press, p. 11, ISBN 978-1-4597-0989-8, retrieved 6 June 2014 [42] Tidridge, Nathan (2011), Canada's Constitutional Monarchy: An Introduction to Our Form of Government, Toronto: Dundurn Press, p. 19, ISBN 978-1-4597-0084-0 [43] "In the Wake of Constitutional Crisis: New Survey Demonstrates that Canadians Lack Basic Understanding of Our Country's Parliamentary System" (PDF). Toronto: Ipsos Reid. 15 December 2008: 1. Retrieved 18 May 2010. [44] Murray, Lowell (2003), Joyal, Serge Joyal, ed., 'Which Criticisms are Founded?' Protecting Canadian Democracy: The Senate You Never Knew, Montreal: McGill-Queen's University Press, p. 136 [45] Robson, John (2 November 2015). "Trudeau's menacing promise of electoral reform". National Post. Retrieved 5 November 2015. [46] Akin, David; de Souza, Mike; Mayeda, Andrew; O'Neill, Juliet (2 December 2008). "Duceppe, Dion, Layton form coalition Gov. Gen. told NDP, BQ, Grits ready to form new government". CanWest. Retrieved 3 July 2009. [47] Urquhart, Ian (9 August 2015). "A Conservative minority government? Not possible". Toronto Star. Retrieved 7 November 2015. Further reading - Bourinot, John George (2008), Flint, Thomas Barnard, ed., Parliamentary Procedure and Practice in the Dominion of Canada (4th ed.), Lawbook Exchange, ISBN 978-1-58477-881-3 - Dawson, R. MacGregor; Dawson, W. F. (1989). Ward, Norman, ed. Democratic Government in Canada. Toronto: University of Toronto Press. ISBN 0-8020-6703-4. Retrieved 14 January 2011. - Johnson, David (2006), Thinking government: public sector management in Canada (2nd ed.), Broadview Press, ISBN 1-55111-779-7 - Hale, Geoffrey (2006), Uneasy partnership: the politics of business and government in Canada, Broadview Press, ISBN 978-1-55111-504-7 - Malcolmson, Patrick; Myers, Richard (2009), The Canadian Regime: An Introduction to Parliamentary Government in Canada (4th ed.), University of Toronto Press, ISBN 978-1-4426-0047-8 - Morton, Frederick Lee (2002), Law, politics, and the judicial process in Canada, Frederick Lee, ISBN 1-55238-046-7 - Roy, Jeffrey (2006), E-government in Canada: transformation for the digital age, University of Ottawa Press, ISBN 978-0-7766-0617-0 - Roy, Jeffrey (2007), Business and government in Canada, University of Ottawa Press, ISBN 978-0-7766-0658-3 External links - Government of Canada (Official) + Public Accounts of Canada, from 1995, in pdf + Wayback Times: Archives of the Government of Canada website - Information on the Government of Canada - Federal Government Politics of Canada This article is about national politics in Canada. For provincial politics, see Provinces and territories of Canada. For municipal politics, see Municipal government in Canada. The politics of Canada function within a framework of parliamentary democracy and a federal system of parliamentary government with strong democratic traditions. Canada is a constitutional monarchy, in which the Monarch is head of state. The country has a multi-party system in which many of its legislative practices derive from the unwritten conventions of and precedents set by the United Kingdom's Westminster Parliament. However, Canada has evolved variations: party discipline in Canada is stronger than in the United Kingdom and more parliamentary votes are considered motions of confidence, which tends to diminish the role of non-Cabinet Members of Parliament, (MPs). Such members, in the government caucus, and junior or lower-profile members of opposition caucuses, are known as backbenchers. Backbenchers can, however, exert their influence by sitting in parliamentary committees, like the Public Accounts Committee or the National-Defence Committee. The two dominant political parties in Canada have historically been the Liberal Party of Canada and Conservative Party of Canada (or its predecessors), however, the social-democratic New Democratic Party (NDP) has risen to prominence, and even threatened to upset the two other established parties during the 2011 election. Smaller parties like the Quebec nationalist Bloc Québécois, and the Green Party of Canada have also been able to exert their own influence over the political process. Far-right politics has never been a prominent force in Canadian society.¹ Context BC AB SK MB ON QC NB PE NS NL YT NT NU A map of Canada's provinces and territories Canada's governmental structure was originally established by the British Parliament through the British North America Act (now known as the Constitution Act, 1867),² but the federal model and division of powers were devised by Canadian politicians. Particularly after World War I, citizens of the self-governing Dominions, such as Canada, began to develop a strong sense of identity, and, in the Balfour Declaration of 1926, the British government expressed its intent to grant full autonomy to these regions. Thus in 1931, the British Parliament passed the Statute of Westminster, giving legal recognition to the autonomy of Canada and other Dominions. Following this, Canadian politicians were unable to obtain consensus on a process for amending the constitution until 1982, meaning amendments to Canada's constitution continued to require the approval of the British parliament until that date. Similarly, the Judicial Committee of the Privy Council in Britain continued to make the final decision on criminal appeals until 1933 and on civil appeals until 1949.³ Summary of governmental organization Main article: Government of Canada Name Canada (for conventional and legal use; "Dominion of Canada" remains legal but rarely used) Further information: Canada's name Type of government Westminster style federal parliamentary democracy within a constitutional monarchy. Capital Ottawa Administrative divisions Ten provinces and three territories*: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories*, Nova Scotia, Nunavut*, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon*. National holiday Canada Day, July 1 (known until 1982 as Dominion Day). Constitution Westminster system, based on unwritten conventions and written legislation. Legal system English common law for all matters within federal jurisdiction and in all provinces and territories except Quebec, which is based on the civil law, based on the Custom of Paris in pre-revolutionary France as set out in the Civil Code of Quebec; accepts compulsory International Court of Justice jurisdiction, with reservations. Further information: Law of Canada Suffrage Citizens aged 18 years or older. Only two adult citizens in Canada cannot vote: the Chief Electoral Officer, and the Deputy Chief Electoral Officer. The Governor General is eligible to vote, but abstains due to constitutional convention. Citizens residing outside of Canada for a period greater than 5 years are excluded from voting beginning 2015. Participation in international organizations ABEDA, ACCT, ACS (observer), AfDB, APEC, AsDB, Australia Group, BIS, C, CCC, CDB (non-regional), Council of Europe (observer), Commonwealth of Nations, EAPC, EBRD, ECE, ECLAC, ESA (cooperating state), FAO, La Francophonie, G-8, G-10, IADB, IAEA, IBRD, ICAO, ICC, ICCt, ICJ, ICFTU, ICRM, IDA, IEA, IFAD, IFC, IFRCS, IHO, ILO, IMF, IMO, Inmarsat, Intelsat, Interpol, IOC, IOM, ISO, ITU, LRTAP, MINURCA, MINURSO, MIPONUH, MONUC, NAM (guest), NAFTA, NATO, NEA, NORAD North American Aerospace Defense Command, NORTHCOM, NSG, OAS, OECD, OPCW, OSCE, PCA, UN, UN Security Council (prior/temporary), UNCTAD, UNDOF, UNECE, UNESCO, UNFICYP, UNHCR, UNIDO, UNIKOM, UNMIBH, UNMIK, UNMOP, UNTAET, UNTSO, UNU, UPU, WCL, WFTU, WHO, WIPO, WMO, WTO, Zangger Committee. Description of national flag A red maple leaf centred on a Canadian pale: three vertical bands of red (hoist side), white (double width, square), and red, with a length twice that of its height. Further information: Flag of Canada Monarchy Head of state Elizabeth II, Queen of Canada (since February 6, 1952). Viceroy David Lloyd Johnston, Governor General of Canada (since October 1, 2010). Executive power Head of government Prime Minister Justin Trudeau (since November 4, 2015). Cabinet Ministers (usually around thirty) chosen by the Prime Minister and appointed by the Governor General to lead various ministries and agencies, generally with regional representation. Traditionally most, if not all, cabinet ministers will be members of the leader's own party in the House of Commons or Senate (see Cabinet of Canada); however this is not legally or constitutionally mandated, and occasionally, the Prime Minister will appoint a cabinet minister from another party. Elections The monarchy is hereditary. The Governor General is appointed by the monarch on the advice of the Prime Minister for a non-specific term, though it is traditionally approximately five years. Following legislative elections, the leader of the majority party in the House of Commons is usually designated by the Governor General to become Prime Minister. Further information: Monarchy of Canada, Monarchy in the Canadian provinces, Lieutenant-Governor (Canada), Premier (Canada), and Elections in Canada Legislative power The bicameral Parliament of Canada consists of three parts: the monarch, the Senate, and the House of Commons. Currently, the Senate, which is frequently described as providing "regional" representation, has 105 members appointed by the Governor General on the advice of the Prime Minister to serve until age 75. It was created with equal representation from each of Ontario, Quebec, the Maritime region and the Western Provinces. However, it is currently the product of various specific exceptions, additions and compromises, meaning that regional equality is not observed, nor is representation-by-population. The normal number of senators can be exceeded by the monarch on the advice of the Prime Minister, as long as the additional senators are distributed equally with regard to region (up to a total of eight additional Senators). This power of additional appointment has only been used once, when Prime Minister Brian Mulroney petitioned Queen Elizabeth II to add eight seats to the Senate so as to ensure the passage of the Goods and Services Tax legislation. The House of Commons currently has 338 members elected in single-member districts in a plurality voting system (first past the post), meaning that members must attain only a plurality (the most votes of any candidate) rather than a majority (50 percent plus one). The electoral districts are also known as ridings. Mandates cannot exceed five years; an election must occur by the end of this time. This fixed mandate has been exceeded only once, when Prime Minister Robert Borden perceived the need to do so during World War I. The size of the House and apportionment of seats to each province is revised after every census, conducted every five years, and is based on population changes and approximately on representation-by-population. Majority and minority governments Canadians vote for their local Member of Parliament (MP) only. The party leaders are elected prior to the general elections by party memberships. Parties elect their leaders in run-off elections to ensure that the winner receives more than 50% of the votes. Normally the party leader stands as a candidate to be an MP during an election. The election of a local MP gives a seat to one of the several political parties. The party that gets the most seats normally forms the government, with that party's leader becoming prime minister. The Prime Minister is not directly elected by the general population, although the Prime Minister is almost always directly elected as an MP within his or her constituency. Canada's parliamentary system empowers political parties and their party leaders. Where one party gets a majority of the seats in the House of Commons, that party is said to have a "majority government." Through party discipline, the party leader, who is only elected in one riding, exercises a great deal of control over the cabinet and the parliament. A minority government situation occurs when the party that holds the most seats in the House of Commons holds less seats than the opposition parties combined. In this scenario the party leader whose party has the most seats in the House is selected by the Governor General to lead the government, however, to create stability, the leader chosen must have the support of the majority of the House, meaning they need the support of at least one other party. Federal-provincial relations In Canada, the provinces are considered co-sovereign; sovereignty of the provinces is passed on, not by the Governor General or the Canadian parliament, but through the Crown itself. This means that the Crown is "divided" into 11 legal jurisdictions; into 11 "Crowns" – one federal and ten provincial. Federal-provincial (or intergovernmental, formerly Dominion-provincial) relations is a regular issue in Canadian politics: Quebec wishes to preserve and strengthen its distinctive nature, western provinces desire more control over their abundant natural resources, especially energy reserves; industrialized Central Canada is concerned with its manufacturing base, and the Atlantic provinces strive to escape from being less affluent than the rest of the country. In order to ensure that social programs such as health care and education are funded consistently throughout Canada, the "have-not" (poorer) provinces receive a proportionately greater share of federal "transfer (equalization) payments" than the richer, or "have", provinces do; this has been somewhat controversial. The richer provinces often favour freezing transfer payments, or rebalancing the system in their favour, based on the claim that they already pay more in taxes than they receive in federal government services, and the poorer provinces often favour an increase on the basis that the amount of money they receive is not sufficient for their existing needs. Particularly in the past decade, some scholars have argued that the federal government's exercise of its unlimited constitutional spending power has contributed to strained federal-provincial relations. This power, which allows the federal government to spend the revenue it raises in any way that it pleases, allows it to overstep the constitutional division of powers by creating programs that encroach on areas of provincial jurisdiction. The federal spending power is not expressly set out in the Constitution Act, 1867; however, in the words of the Court of Appeal for Ontario the power "can be inferred" from s. 91(1A), "the public debt and property".⁴ A prime example of an exercise of the spending power is the Canada Health Act, which is a conditional grant of money to the provinces. Regulation of health services is, under the Constitution, a provincial responsibility. However, by making the funding available to the provinces under the Canada Health Act contingent upon delivery of services according to federal standards, the federal government has the ability to influence health care delivery. This spending power, coupled with Supreme Court rulings – such as Reference re Canada Assistance Plan (B.C.) – that have held that funding delivered under the spending power can be reduced unilaterally at any time, has contributed to strained federal-provincial relations. Quebec and Canadian politics Except for three short-lived transitional or minority governments, prime ministers from Quebec led Canada continuously from 1968 to early 2006. Québécois led both Liberal and Progressive Conservative governments in this period. Monarchs, governors general, and prime ministers are now expected to be at least functional, if not fluent, in both English and French. In selecting leaders, political parties give preference to candidates who are fluently bilingual. Also, by law, three of the nine positions on the Supreme Court of Canada must be held by judges from Quebec. This representation makes sure that at least three judges have sufficient experience with the civil law system to treat cases involving Quebec laws.⁵ National unity Canada has a long and storied history of secessionist movements (see Secessionist movements of Canada). National unity has been a major issue in Canada since the forced union of Upper and Lower Canada in 1840. The predominant and lingering issue concerning Canadian national unity has been the ongoing conflict between the French-speaking majority in Quebec and the English-speaking majority in the rest of Canada. Quebec's continued demands for recognition of its "distinct society" through special political status has led to attempts for constitutional reform, most notably with the failed attempts to amend the constitution through the Meech Lake Accord and the Charlottetown Accord (the latter of which was rejected through a national referendum). Since the Quiet Revolution, sovereigntist sentiments in Quebec have been variably stoked by the patriation of the Canadian constitution in 1982 (without Quebec's consent) and by the failed attempts at constitutional reform. Two provincial referenda, in 1980 and 1995, rejected proposals for sovereignty with majorities of 60% and 50.6% respectively. Given the narrow federalist victory in 1995, a reference was made by the Chrétien government to the Supreme Court of Canada in 1998 regarding the legality of unilateral provincial secession. The court decided that a unilateral declaration of secession would be unconstitutional. This resulted in the passage of the Clarity Act in 2000. The Bloc Québécois, a sovereigntist party which runs candidates exclusively in Quebec, was started by a group of MPs who left the Progressive Conservative (PC) party (along with several disaffected Liberal MPs), and first put forward candidates in the 1993 federal election. With the collapse of the PCs in that election, the Bloc and Liberals were seen as the only two viable parties in Quebec. Thus, prior to the 2006 election, any gain by one party came at the expense of the other, regardless of whether national unity was really at issue. The Bloc, then, benefited (with a significant increase in seat total) from the impressions of corruption that surrounded the Liberal Party in the leadup to the 2004 election. However, the newly unified Conservative party re-emerged as a viable party in Quebec by winning 10 seats in the 2006 election. In the 2011 election, the New Democratic Party succeeded in winning 59 of Quebec's 75 seats, successfully reducing the number of seats of every other party substantially. The NDP surge nearly destroyed the Bloc, reducing them to 4 seats, far below the minimum requirement of 12 seats for Official party status. Newfoundland and Labrador is also a problem regarding national unity. As the Dominion of Newfoundland was a self-governing country equal to Canada until 1949, there are large, though uncoordinated, feelings of Newfoundland nationalism and anti-Canadian sentiment among much of the population. This is due in part to the perception of chronic federal mismanagement of the fisheries, forced resettlement away from isolated settlements in the 1960s, the government of Quebec still drawing inaccurate political maps whereby they take parts of Labrador, and to the perception that mainland Canadians look down upon Newfoundlanders. In 2004, the Newfoundland and Labrador First Party contested provincial elections and in 2008 in federal ridings within the province. In 2004, then-premier Danny Williams ordered all federal flags removed from government buildings as a result of lost offshore revenues to equalization clawbacks.⁶ On December 23, 2004, premier Williams made this statement to reporters in St. John's, "They basically slighted us, they are not treating us as a proper partner in Confederation. It's intolerable and it's insufferable and these flags will be taken down indefinitely.... It's also quite apparent to me that we were dragged to Manitoba in order to punish us, quite frankly, to try to embarrass us, to bring us out there to get no deal and send us back with our tail between our legs." — Premier Danny Williams⁶ Western alienation is another national-unity-related concept that enters into Canadian politics. Residents of the four western provinces, particularly Alberta, have often been unhappy with a lack of influence and a perceived lack of understanding when residents of Central Canada consider "national" issues. While this is seen to play itself out through many avenues (media, commerce, and so on.), in politics, it has given rise to a number of political parties whose base constituency is in western Canada. These include the United Farmers of Alberta, who first won federal seats in 1917, the Progressives (1921), the Social Credit Party (1935), the Co-operative Commonwealth Federation (1935), the Reconstruction Party (1935), New Democracy (1940) and most recently the Reform Party (1989). The Reform Party's slogan "The West Wants In" was echoed by commentators when, after a successful merger with the PCs, the successor party to both parties, the Conservative Party won the 2006 election. Led by Stephen Harper, who is an MP from Alberta, the electoral victory was said to have made "The West IS In" a reality. However, regardless of specific electoral successes or failures, the concept of western alienation continues to be important in Canadian politics, particularly on a provincial level, where opposing the federal government is a common tactic for provincial politicians. For example, in 2001, a group of prominent Albertans produced the Alberta Agenda, urging Alberta to take steps to make full use of its constitutional powers, much as Quebec has done. Political conditions Canada is considered by most sources to be a very stable democracy. In 2006 The Economist ranked Canada the third most democratic nation in its Democracy Index, ahead of all other nations in the Americas and ahead of every nation more populous than itself. In 2008, Canada was ranked World No. 11 and again ahead of all countries more populous and No. 1 for the Americas. (In 2008, the United States was ranked World No. 18, Uruguay World No. 23, and Costa Rica World No. 27.) The Liberal Party of Canada, under the leadership of Paul Martin,⁷ won a minority victory in the June 2004 general elections. In December 2003, Martin had succeeded fellow Liberal Jean Chrétien, who had, in 2000, become the first Prime Minister to lead three consecutive majority governments since 1945. However, in 2004 the Liberals lost seats in Parliament, going from 172 of 301 Parliamentary seats to 135 of 308, and from 40.9% to 36.7% in the popular vote. The Canadian Alliance, which did well in western Canada in the 2000 election, but was unable to make significant inroads in the East, merged with the Progressive Conservative Party to form the Conservative Party of Canada in late 2003. They proved to be moderately successful in the 2004 campaign, gaining seats from a combined Alliance-PC total of 78 in 2000 to 99 in 2004. However, the new Conservatives lost in popular vote, going from 37.7% in 2000 down to 29.6%. In 2006 the Conservatives, led by Stephen Harper, won a minority government with 124 seats. They improved their percentage from 2004, garnering 36.3% of the vote. During this election, the Conservatives also made major breakthroughs in Quebec. They gained 10 seats here, whereas in 2004 they had no seats. In the 2011 election, the Conservatives won a majority government with 167 seats. For the first time, the NDP became the Official Opposition, with 102 seats; the Liberals came in third with 34 seats. This was the first election in which the Green Party won a seat, that of leader Elizabeth May; the Bloc won 4 seats, losing Official Party status. Realignment: Conservatives in power See also: Realigning election § Canada The Liberal Party, after dominating Canadian politics since the 1920s, was in decline in early years of the 21st century. As Lang (2010) concluded, they lost their majority in Parliament in the 2004 election, were defeated in 2006, and in 2008 became little more than a "rump", falling to their lowest seat count in decades and a mere 26% of the popular vote. Furthermore, said Lang (a Liberal himself), its prospects "are as bleak as they have ever been."⁸ In the 2011 election, the Liberals suffered a crushing defeat, managing to secure only 18.9% of the vote share and only 34 seats. As a result, the Liberals lost their status as official opposition to the NDP. In explaining those trends, Behiels (2010) synthesized major studies and reported that "a great many journalists, political advisors, and politicians argue that a new political party paradigm is emerging"⁹ She claimed they saw a new power configuration based on a right-wing political party capable of sharply changing the traditional role of the state (federal and provincial) in the twenty-first-century. Behiels said that unlike Brian Mulroney, who tried but failed to challenge the long-term dominance of the Liberals, Harper's attempt had proven to be more determined, systematic and successful.¹⁰ Many commentators thought it signalled a major realignment. The Economist said, "the election represents the biggest realignment of Canadian politics since 1993."¹¹ Lawrence Martin, commentator for the Globe and Mail said, "Harper has completed a remarkable reconstruction of a Canadian political landscape that endured for more than a century. The realignment saw both old parties of the moderate middle, the Progressive Conservatives and the Liberals, either eliminated or marginalized."¹² Maclean's said, the election marked "an unprecedented realignment of Canadian politics" as "the Conservatives are now in a position to replace the Liberals as the natural governing party in Canada."¹³ Despite the grim outlook and poor early poll numbers, when the 2015 election was held, the Liberals under Justin Trudeau had an unprecedented comeback and the realignment was proved only temporary. Gaining 148 seats, they won a majority government for the first time since 2000.¹⁴ The Toronto Star claimed the comeback was "headed straight for the history books" and that Harpers name would "forever be joined with that of his Liberal nemesis in Canada's electoral annals".¹⁵ Spencer McKay for the National Post suggested that "maybe we've witnessed a revival of Canada's 'natural governing party'".¹⁶ Party funding reform Funding changes were made to ensure greater reliance on personal contributions. Personal donations to federal parties and campaigns benefit from tax credits, although the amount of tax relief depends on the amount given. Also only people paying income taxes receive any benefit from this. A good part of the reasoning behind the change in funding was that union or business funding should not be allowed to have as much impact on federal election funding as these are not contributions from citizens and are not evenly spread out between parties. They are still allowed to contribute to the election but only in a minor fashion. The new rules stated that a party had to receive 2% of the vote nationwide in order to receive the general federal funding for parties. Each vote garnered a certain dollar amount for a party (approximately $1.75) in future funding. For the initial disbursement, approximations were made based on previous elections. The NDP received more votes than expected (its national share of the vote went up) while the new Conservative Party of Canada received fewer votes than had been estimated and was asked to refund the difference. Quebec was the first province to implement a similar system of funding many years before the changes to funding of federal parties. Federal funds are disbursed quarterly to parties, beginning at the start of 2005. For the moment, this disbursement delay leaves the NDP and the Green Party in a better position to fight an election, since they rely more on individual contributors than federal funds. The Green Party now receives federal funds, since it for the first time received a sufficient share of the vote in the 2004 election.¹⁷ In 2007, news emerged of a funding loophole that "could cumulatively exceed the legal limit by more than $60,000," through anonymous recurrent donations of $200 to every riding of a party from corporations or unions. At the time, for each individual, the legal annual donation limit was $1,100 for each party, $1,100 combined total for each party's associations, and in an election year, an additional $1,100 combined total for each party's candidates. All three limits increase on 1 April every year based on the inflation rate. ¹⁸ ¹⁹ ²⁰ Elections Main article: Elections in Canada - Elections + House of Commons – direct plurality representation (last election held October 19, 2015) + Senate – appointed by the governor general on the advice of the prime minister - Election results [1] The party totals are theoretical. They are the transposition of the 2011 district results redistributed to the new districts formed in 2015. [2] Includes Liberal candidate Cheryl Thomas from Victoria, who publicly withdrew from the election after the final list of candidates was released and thus remained on the ballot as the Liberal candidate. [3] Includes Conservative candidate Jagdish Grewal from Mississauga—Malton, who was expelled by the Conservative Party after the final list of candidates was released and thus remained on the ballot as the Conservative candidate. [4] Does not include José Núñez-Melo, an incumbent MP who was denied the NDP nomination in Vimy after the writ was dropped, and subsequently announced he was running as a Green candidate. [5] Does not include Montcalm MP Manon Perreault, who sat as an independent before the writ was dropped, after which she announced her candidacy for Strength in Democracy. See also: Canadian Senate Political parties, leaders, and status Ordered by number of elected representatives in the House of Commons - Liberal Party – Justin Trudeau (Majority Government) - Conservative Party – Rona Ambrose (Her Majesty's Loyal Opposition) (interim) - New Democratic Party – Thomas Mulcair - Bloc Québécois – Rhéal Fortin (interim) - Green Party – Elizabeth May Leaders debates Main article: Canadian leaders debates Leaders debates in Canada consist of two debates, one English and one French, both produced by a consortium of Canada's five major television broadcasters (CBC/SRC, CTV, Global and TVA) and usually consist of the leaders of all parties with representation in the House of Commons. These debates air on the networks of the producing consortium as well as the public affairs and parliamentary channel CPAC and the American public affairs network C-SPAN. Judiciary Main article: Supreme Court of Canada See also: Court system of Canada and Law of Canada The highest court in Canada is the Supreme Court of Canada and is the final court of appeal in the Canadian justice system. The court is composed of nine judges: eight Puisne Justices and the Chief Justice of Canada. Justices of the Supreme Court of Canada are appointed by the Governor-in-Council. The Supreme Court Act limits eligibility for appointment to persons who have been judges of a superior court, or members of the bar for ten or more years. Members of the bar or superior judge of Quebec, by law, must hold three of the nine positions on the Supreme Court of Canada.²¹ Government departments and structure The Canadian government operates the public service using departments, smaller agencies (for example, commissions, tribunals, and boards), and crown corporations. There are two types of departments: central agencies such as Finance, Privy Council Office, and Treasury Board Secretariat have an organizing and oversight role for the entire public service; line departments are departments which perform tasks in a specific area or field, such as the departments of Agriculture, Environment, or Defence. - Significant departments include Finance, Revenue, Human Resources and Skills Development, National Defence, Public Safety and Emergency Preparedness, and Foreign Affairs/International Trade. Further information: Structure of the Canadian federal government Scholar Peter Aucoin, writing about the Canadian Westminster system, has raised concerns in the early 2000s about the centralization of power; an increased number, role and influence of partisan-political staff; personal-politicization of appointments to the senior public service; and, the assumption that the public service is promiscuously partisan for the government of the day.²² Immigration In 1967 Canada established a point-based system to determine if immigrants should be eligible to enter the country, using meritorious qualities such as the applicant's ability to speak both French and English, their level of education, and other details that may be expected of a natural born Canadian. This system was considered ground-breaking at the time since prior systems were slanted on the basis of ethnicity. However, many foreign nationals still found it challenging to secure work after immigrating, resulting in a higher unemployment rate among immigrants. After winning power in 2006, the conservative party has sought to curb this issue by placing weight on whether or not the applicant has a standing job offer in Canada. The change has been a source of some contention as opponents argue that businesses use this change to suppress wages, with corporate owners leveraging the knowledge that an immigrant should hold a job to successfully complete the immigration process.²³ See also - Australia–Canada relations - Canadian nationalism - Conservatism in Canada - Council of the Federation - Federal political financing in Canada - Liberalism in Canada - List of Canadian federal general elections - List of Canadian federal electoral districts - List of Canadian political scandals - List of political parties in Canada - Political culture of Canada - Progressivism - Socialism and social democracy in Canada - Ten Percenter References [1] Emma Ambrose, Cas Mudde (2015). Canadian Multiculturalism and the Absence of the Far Right Nationalism and Ethnic Politics Vol. 21 Iss. 2. [2] THE Constitution Act, 1867, s. 6. [3] The Creation and Beginnings of the Supreme Court of Canada [4] Canada Mortgage and Housing Corp. v. Iness, 2004 CanLII 15104 at paragraph 25. [5] "Reference re Supreme Court Act, ss. 5 and 6". CanLII. Retrieved August 5, 2015. [6] http://www.cbc.ca/news/canada/maple-leaf-flags-removed-in-offshore-feud-1.494970%22Maple+Leaf+flags+removed+in+offshore+feud%22.+http://www.cbc.ca/nl.+CBC+News.+Retrieved+16+August+2014. +External+link+in+%7Cwebsite=+(help) [7] Aucoin, Peter. The democratic deficit: Paul Martin and parliamentary reform, Canadian Public Administration, Jan 1, 2003, Vol. 46, No. 4 (Winter 2003), p. 427. [8] Eugene Lang, "Whither the Liberals? Current State and Prospects of the Liberal Party of Canada," The Journal for International Relations and Global Trends, (2010) p. 195 online. [9] Behiels cites Tom Flanagan, Harper's Team: Behind the Scenes in the Conservative Rise to Power (2nd ed. McGill-Queens U.P., 2009); Chantal Hébert, French Kiss: Stephen Harper's Blind Date with Quebec (Knopf Canada, 2007); William Johnson, Stephen Harper and the Future of Canada (2nd ed. McClelland & Stewart, 2006); Lloyd Mackay, Stephen Harper: The Case for Collaborative Governance (ECW Press, 2006); Bob Plamondon, Full Circle: Death and Resurrection in Canadian Conservative Politics (Key Porter Books, 2006); and Paul Wells, Right Side Up: The Fall of Paul Martin and the Rise of Stephen Harper's New Conservatism (Douglas Gibson Books, 2007). [10] Michael D. Behiels, "Stephen Harper's Rise to Power: Will His 'New' Conservative Party Become Canada's 'Natural Governing Party' of the Twenty-First Century?," American Review of Canadian Studies Vol. 40, No. 1, March 2010, 118–145. [11] Economist May 3, 2011 [12] Lawrence Martin, "Harper's triumph: a realignment of historic proportions, Globe and Mail May 4, 2011 [13] Andrew Coyne, "The West is in and Ontario has joined it: How the election led to an unprecedented realignment of Canadian politics," Maclean's May 6, 2011 [14] Andrew Coyne, "Liberal comeback unprecedented in Canadian history" National Post Oct 25 2015 [15] Chantal Hébert, "Liberal comeback headed for history books" Toronto Star Oct 20 2015 [16] Spencer McKay, "The Great Liberal Comeback" National Post Oct 29 2015 [17] Greens win spot in TV election debates, Reuters Canada, September 10, 2008, (accessed September 10, 2008) [18] Conacher, Duff (August 13, 2007). "Our Democracy for Sale, Still". The Tyee. Retrieved August 16, 2007. [19] Leblanc, Daniel; Jane Taber (August 2, 2007). "Ottawa refuses to close donation loophole". Globe and Mail. Canada. Archived from the original on August 2, 2007. Retrieved August 16, 2007. [20] Leblanc, Daniel (August 1, 2007). "Loophole tears lid off political donations". Globe and Mail. Canada. Retrieved August 16, 2007. [21] Supreme Court Act, s. 6. [22] Aucoin, Peter (2008). New Public Management and the Quality of Government: Coping with the New Political Governance in Canada, Conference on "New Public Management and the Quality of Government", SOG and the Quality of Government Institute, University of Gothenburg, Sweden, 13–15 November 2008, p.14. [23] Further reading - Argyle, Ray. Turning Points: The Campaigns That Changed Canada - 2011 and Before (2011) 440pp excerpt and text search ch 1 - Bickerton, James (2009), Canadian Politics, University of Toronto Press, ISBN 978-1-4426-0121-5 - Courtney, John C.; Smith, David E. (2010), The Oxford handbook of Canadian politics, Oxford University Press, ISBN 978-0-19-533535-4 - Clément, Dominique (2009), Canada's Rights Revolution: Social Movements and Social Change, 1937–82, Univ of British Columbia Press, ISBN 978-0-7748-1480-5 - Dyck, Rand (2011), Canadian Politics, Concise Fifth Edition, Cengage Learning, ISBN 978-0-17-650343-7 - Hale, Geoffrey E. (2002), The politics of taxation in Canada, Broadview Press, ISBN 1-55111-300-7 - Hill, Tony L. (2002), Canadian politics, riding by riding, Prospect Park Press, ISBN 0-9723436-0-1 - Hyde, Anthony (1997). Promises, Promises: Breaking Faith in Canadian Politics. Toronto: Viking. viii, 218 p. ISBN 0-670-87710-7 - Lightbody, James (2006), City politics, Canada, Broadview Press, ISBN 1-55111-753-3 - Macdonald, Douglas (2007), Business and environmental politics in Canada, Broadview Press, ISBN 978-1-55111-277-0 - Morton, Frederick Lee (2002), Law, politics, and the judicial process in Canada, Frederick Lee, ISBN 1-55238-046-7 - Newman, Stephen L. (2004), Constitutional politics in Canada and the United States, State University of New York Press, ISBN 0-7914-5937-3 - Pammett, Jon H., and Christopher Dornan, eds. The Canadian Federal Election of 2011 (2011) excerpt and text search; 386pp; essays by experts - Patten, Steve (2006), The Chrétien legacy: politics and public policy in Canada, McGill-Queen's University Press, ISBN 0-7735-3095-9 - Trimble, Linda; Arscott, Jane (2008), Still Counting: Women in Politics Across Canada, Univ of Toronto Press - Wiseman, Nelson (2007), In search of Canadian political culture, Univ of British Columbia Press, ISBN 978-0-7748-1388-4 Political thought - Katherine Fierlbeck, Political Thought in Canada: An Intellectual History, Broadview Press, 2006 - Ian McKay, Rebels, Reds, Radicals: Rethinking Canada's Left History, Between the Lines, 2006 External links - Canada Newsnet (formerly PoliWonk) - Extensive Canadian Politics news and resources - Canadian-Politics.com Comprehensive overview of politics in Canada - CBC Digital Archives – Scandals, Boondoggles and White Elephants - CBC Digital Archives – Campaigning for Canada - Canadian Governments Compared - Canadian Politics Online Digital Textbook Executive branch Governor General of Canada The Governor General of Canada (French [masculine]: Gouverneur général du Canada, or [feminine]: Gouverneure générale du Canada) is the federal viceregal representative of the Canadian monarch, currently Queen Elizabeth II. Because the person of the sovereign is shared equally both with the 15 other Commonwealth realms and the 10 provinces of Canada and resides predominantly in her oldest realm, the United Kingdom, she, on the advice of the Canadian prime minister,¹ appoints the governor general to carry out most of her constitutional and ceremonial duties. The commission is for an unfixed period of time—known as serving at Her Majesty's pleasure—though five years is the normal convention. Beginning in 1959, it has also been traditional to rotate between anglophone and francophone incumbents. Once in office, the governor general maintains direct contact with the Queen, wherever she may be at the time.² The office began in the 16th and 17th centuries with the Crown-appointed governors of the French colony of Canada followed by the British governors of Canada in the 18th and 19th centuries. Subsequently, the office is, along with the Crown, the oldest continuous institution in Canada.³ The present incarnation of the office emerged with Canadian Confederation and the passing of the British North America Act, which defines the role of the governor general as "carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated".⁴ Although the post initially still represented the government of the United Kingdom (that is, the monarch in his British council), the office was gradually Canadianized until, with the passage of the Statute of Westminster in 1931 and the establishment of a separate and uniquely Canadian monarchy, the governor general become the personal representative of the independently Canadian sovereign,⁵ ⁶ the governor general became the direct, personal representative of the uniquely Canadian sovereign (the monarch in his Canadian council).⁷ ⁸ Throughout this process of gradually increasing Canadian independence, the role of governor general took on additional responsibilities. For example, in 1904 the Militia Act granted permission for the governor general to use the title of Commander-in-Chief of the Canadian militia,⁹ in the name of the sovereign and actual Commander-in-Chief,¹⁰ and in 1927 the first official international visit by a governor general was made.¹¹ ¹² Finally, in 1947, King George VI issued letters patent allowing the viceroy to carry out almost all of the monarch's powers on his or her behalf. As a result, the day-to-day duties of the monarch are carried out by the governor general, although, as a matter of law, the governor general is not in the same constitutional position as the sovereign;¹³ the office itself does not independently possess any powers of the Royal Prerogative. In accordance with the Constitution Act, 1982, any constitutional amendment that affects the Crown, including the office of the Governor General, requires the unanimous consent of each provincial legislature as well as the federal parliament. The current governor general is David Johnston, who has served since 1 October 2010; Prime Minister Stephen Harper recommended him to succeed Michaëlle Jean.¹⁴ Johnston's wife—who is thus the viceregal consort—is Sharon Johnston.¹⁵ Spelling of title The Government of Canada spells the title governor general without a hyphen. The Canadian media still often use the governor-general spelling. As governor is the noun in the title, it is pluralized; thus, governors general, rather than governor generals. Moreover, both terms are capitalized when used in the formal title preceding an incumbent's name. Appointment The position of governor general is mandated by both the Constitution Act (previously the British North America Act), 1867, and the letters patent issued in 1947 by King George VI.¹⁶ As such, on the recommendation of his or her Canadian prime minister, the Canadian monarch appoints the governor general by commission issued under the royal sign-manual and Great Seal of Canada. That individual is, from then until being sworn-in, referred to as the governor general-designate.¹⁶ ¹⁷ ¹⁸ ¹⁹ ²⁰ ²¹ Besides the administration of the oaths of office, there is no set formula for the swearing-in of a governor general-designate.¹⁹ Though there may therefore be variations to the following, the appointee will generally travel to Ottawa, there receiving an official welcome and taking up residence at 7 Rideau Gate,¹⁹ ²² and will begin preparations for their upcoming role, meeting with various high level officials to ensure a smooth transition between governors general. The sovereign will also hold an audience with the appointee and will at that time induct both the governor general-designate and his or her spouse into the Order of Canada as Companions, as well as appointing the former as a Commander of both the Order of Military Merit and the Order of Merit of the Police Forces (should either person not have already received either of those honours).¹⁹ The swearing-in ceremony begins with the arrival at 7 Rideau Gate of one of the ministers of the Crown, who then accompanies the governor general-designate to Parliament Hill, where a Canadian Forces Guard of Honour (consisting of the Army Guard, Royal Canadian Air Force Guard, and Flag Party of the Royal Canadian Navy) awaits to give a general salute. From there, the party is led by the Queen's parliamentary messenger—the Usher of the Black Rod—to the Senate chamber, wherein all justices of the Supreme Court, senators, members of parliament, and other guests are assembled. The Queen's commission for the governor general-designate is then read aloud by the Secretary to the Governor General and the required oaths are administered to the appointee by either the chief justice or one of the puisne justices of the Supreme Court; the three oaths are: the Oath of Allegiance, the Oath of Office as Governor General and Commander-in-Chief, and the Oath as Keeper of the Great Seal of Canada. With the affixing of their signature to these three solemn promises, the individual is officially the governor general, and at that moment the Flag of the Governor General of Canada is raised on the Peace Tower,¹⁹ the Viceregal Salute is played by the Central Band of the Canadian Forces, and a 21-gun salute is conducted by the Royal Regiment of Canadian Artillery. The governor general is seated on the throne while a prayer is read, and then receives the Great Seal of Canada (which is passed to the registrar general for protection),²³ as well as the chains of both the Chancellor of the Order of Canada and of the Order of Military Merit.²⁴ The governor general will then give a speech, outlining whichever cause or causes he or she will champion during his or her time as viceroy.¹⁹ The incumbent will generally serve for at least five years, though this is only a developed convention, and the governor general still technically acts at Her Majesty's pleasure (or the Royal Pleasure).²⁵ The prime minister may therefore recommend to the Queen that the viceroy remain in her service for a longer period of time, sometimes upwards of more than seven years.[n 1] A governor general may also resign,[n 2] and two have died in office.[n 3] In such a circumstance, or if the governor general leaves the country for longer than one month, the Chief Justice of Canada (or, if that position is vacant or unavailable, the senior puisne justice of the Supreme Court) serves as Administrator of the Government and exercises all powers of the governor general.[n 4] Selection In a speech on the subject of confederation, made in 1866 to the Legislative Assembly of the Province of Canada, John A. Macdonald said of the planned governor: "We place no restriction on Her Majesty's prerogative in the selection of her representative ... The sovereign has unrestricted freedom of choice ... We leave that to Her Majesty in all confidence."²⁶ However, between 1867 and 1931, governors general were appointed by the monarch on the advice of the British Cabinet. Thereafter, in accordance with the Statute of Westminster 1931, the appointment was made by the sovereign with the direction of his or her Canadian ministers only. Until 1952, all governors general were also either members of the Peerage or sons of peers, and were born beyond Canada's borders. These viceroys spent a relatively limited time in Canada, but their travel schedules were so extensive that they could "learn more about Canada in five years than many Canadians in a lifetime."²⁷ Still, though all Canadian nationals were as equally British subjects as their British counterparts prior to the implementation of the Canadian Citizenship Act in 1947, the idea of Canadian-born persons being appointed governor general was raised as early as 1919, when, at the Paris Peace Conference, Canadian prime minister Robert Borden consulted with Prime Minister of South Africa Louis Botha and the two agreed that the viceregal appointees should be long-term residents of their respective Dominions.²⁸ Calls for just such an individual to be made viceroy came again in the late 1930s,²⁹ but it was not until Vincent Massey's appointment by King George VI in 1952 that the position was filled by a Canadian-born individual. Massey stated of this that "a Canadian [as governor general] makes it far easier to look on the Crown as our own and on the Sovereign as Queen of Canada."³⁰ This practice continued until 1999, when Queen Elizabeth II commissioned as her representative Adrienne Clarkson, a Hong Kong-born refugee to Canada. Moreover, the practice of alternating between anglophone and francophone Canadians was instituted with the appointment of Georges Vanier, a francophone who succeeded the anglophone Massey. All persons whose names are put forward to the Queen for approval must first undergo background checks by the Royal Canadian Mounted Police and the Canadian Security Intelligence Service.³¹ ³² Although required by the tenets of constitutional monarchy to be nonpartisan while in office, governors general were frequently former politicians; a number held seats in the House of Lords by virtue of their inclusion in the peerage. Appointments of former ministers of the Crown in the 1980s and 1990s were criticized by Peter H. Russell, who stated in 2009: "much of [the] advantage of the monarchical system is lost in Canada when prime ministers recommend partisan colleagues to be appointed governor general and represent [the Queen]."³³ Clarkson was the first governor general in Canadian history without either a political or military background, as well as the first Asian-Canadian and the second woman, following on Jeanne Sauvé. The third woman to hold this position was also the first Caribbean-Canadian governor general, Michaëlle Jean. There have been, from time to time, proposals put forward for modifications to the selection process of the governor general. Most recently, the group Citizens for a Canadian Republic has advocated the election of the nominee to the Queen, either by popular or parliamentary vote;³⁴ a proposal echoed by Adrienne Clarkson, who called for the prime minister's choice to not only be vetted by a parliamentary committee,³⁵ ³⁶ but also submit to a televised quiz on Canadiana.³⁷ Constitutional scholars, editorial boards, and the Monarchist League of Canada have argued against any such constitutional tinkering with the viceregal appointment process, stating that the position being "not elected is an asset, not a handicap," and that an election would politicize the office, thereby undermining the impartiality necessary to the proper functioning of the governor general.³⁸ ³⁹ A new approach was used in 2010 for the selection of David Johnston as governor general-designate. For the task, Prime Minister Stephen Harper convened a special search group—the Governor General Consultation Committee⁴⁰ —was instructed to find a non-partisan candidate who would respect the monarchical aspects of the viceregal office and conducted extensive consultations with more than 200 people across the country.⁴¹ ⁴² ⁴³ ⁴⁴ In 2012, the committee was made permanent and renamed as the Advisory Committee on Vice-Regal Appointments, with a modified membership and its scope broadened to include the appointment of provincial lieutenant governors and territorial commissioners (though the latter are not personal representatives of the monarch).⁴⁵ Role Further information: Monarchy of Canada § International and domestic aspects If, and because your Governor-General is in the service of the Crown, he is, therefore ... in the service of Canada ... [A]loof though he be from actual executive responsibility, his attitude must be that of ceaseless and watchful readiness to take part ... in the fostering of every influence that will sweeten and elevate public life; to ... join in making known the resources and developments of the country; to vindicate, if required, the rights of the people and the ordinariness and Constitution, and lastly, to promote by all means in his power, without reference to class or creed, every movement and every institution calculated to forward the social, moral, and religious welfare of the inhabitants of the Dominion.⁴⁶ Governor General the Marquess of Aberdeen, 1893 Canada shares the person of the sovereign equally with 15 other countries in the Commonwealth of Nations and that individual, in his or her capacity as the Canadian sovereign, has 10 other legal personas within the Canadian federation. As the sovereign works and resides predominantly outside of Canada's borders, the governor general's primary task is to perform the monarch's federal constitutional duties on his or her behalf.⁴⁷ ⁴⁸ As such, the governor general carries "on the Government of Canada on behalf and in the name of the Sovereign".⁴⁹ The governor general acts within the principles of parliamentary democracy and responsible government as a guarantor of continuous and stable governance and as a nonpartisan safeguard against the abuse of power.⁵⁰ ⁵¹ ⁵² For the most part, however, the powers of the Crown are exercised on a day-to-day basis by elected and appointed individuals, leaving the governor general to perform the various ceremonial duties the sovereign otherwise carries out when in the country; at such a moment, the governor general removes him or herself from public,[n 5] though the presence of the monarch does not affect the governor general's ability to perform governmental roles.⁵⁴ ⁵⁵ Past governor general the Marquess of Lorne said of the job: "It is no easy thing to be a governor general of Canada. You must have the patience of a saint, the smile of a cherub, the generosity of an Indian prince, and the back of a camel,"⁵⁶ and the Earl of Dufferin stated that the governor general is "A representative of all that is august, stable, and sedate in the government, the history, and the traditions of the country; incapable of partizanship, and lifted far above the atmosphere of faction; without adherents to reward or opponents to oust from office; docile to the suggestions of his Ministers, and yet securing to the people the certainty of being able to get rid of an Administration or Parliament the moment either had forfeited their confidence."⁵⁷ Constitutional role Further information: Monarchy of Canada § Federal constitutional role Though the monarch retains all executive, legislative, and judicial power in and over Canada,⁵⁸ ⁵⁹ the governor general is permitted to exercise most of this, including the Royal Prerogative, in the sovereign's name; some as outlined in the Constitution Act, 1867, and some through various letters patent issued over the decades, particularly those from 1947 that constitute the Office of Governor General of Canada;⁶⁰ they state: "And We do hereby authorize and empower Our Governor General, with the advice of Our Privy Council for Canada or of any members thereof or individually, as the case requires, to exercise all powers and authorities lawfully belonging to Us in respect of Canada."⁶¹ The office itself does not, however, independently possess any powers of the Royal Prerogative, only exercising the Crown's powers with its permission; a fact the Constitution Act, 1867 left unchanged.⁶² Among other duties, the monarch retains the sole right to appoint the governor general.⁷ It is also stipulated that the governor general may appoint deputies—usually Supreme Court justices and the Secretary to the Governor General—who can perform some of the viceroy's constitutional duties in his or her stead,⁶³ and the Chief Justice of the Supreme Court (or a puisne justice in the chief justice's absence) will act as the Administrator of the Government upon the death, removal, incapacitation, or absence of the governor general for more than one month.⁶⁴ It is the governor general who is required by the Constitution Act, 1867, to appoint for life persons to the Queen's Privy Council for Canada,⁶⁵ who are all theoretically tasked with tendering to the monarch and viceroy guidance on the exercise of the Royal Prerogative. Convention dictates, though, that the governor general must draw from the privy council an individual to act as prime minister—in almost all cases the Member of Parliament who commands the confidence of the House of Commons. The prime minister then directs the governor general to appoint other members of parliament to a committee of the privy council known as the Cabinet, and it is in practice only from this group of ministers of the Crown that the Queen and governor general will take direction on the use of executive power;⁶⁶ an arrangement called the Queen-in-Council or,⁵⁹ more specifically, the Governor-in-Council. In this capacity, the governor general will issue royal proclamations and sign orders in council. The Governor-in-Council is also specifically tasked by the Constitution Act, 1867, to appoint in the Queen's name the lieutenant governors of the provinces (with the Advisory Committee on Vice-Regal Appointments and the premiers of the provinces concerned playing an advisory role),⁶⁷ senators,⁶⁸ the Speaker of the Senate,⁶⁹ supreme court justices,⁷⁰ and superior and county court judges in each province, except those of the Courts of Probate in Nova Scotia and New Brunswick.⁷¹ The advice given by the Cabinet is, in order to ensure the stability of government, by political convention typically binding; both the Queen and her viceroy, however, may in exceptional circumstances invoke the reserve powers, which remain the Crown's final check against a ministry's abuse of power.[n 6]⁷² The governor general, as the representative of the Canadian sovereign, carries out the parliamentary duties of the sovereign in their absence, such as summoning parliament, reading the Speech From the Throne, and proroguing and dissolving parliament. The governor general also grants Royal Assent in the Queen's name; legally, he or she has three options: grant Royal Assent (making the bill law), withhold Royal Assent (vetoing the bill), or reserve the bill for the signification of the Queen's pleasure (allowing the sovereign to personally grant or withhold assent).⁷³ If the governor general withholds the Queen's assent, the sovereign may within two years disallow the bill, thereby annulling the law in question. No modern Canadian viceroy has denied Royal Assent to a bill. Provincial viceroys, however, are able to reserve Royal Assent to provincial bills for the governor general; this clause was last invoked in 1961 by the Lieutenant Governor of Saskatchewan.⁷⁴ Ceremonial role Further information: Monarchy of Canada § Cultural role With most constitutional functions lent to Cabinet, the governor general acts in a primarily ceremonial fashion. He or she will host members of Canada's royal family, as well as foreign royalty and heads of state, and will represent the Queen and country abroad on state visits to other nations,⁷⁵ ⁷² though the monarch's permission is necessary, via the prime minister, for the viceroy to leave Canada.⁷⁶ Also as part of international relations, the governor general issues letters of credence and of recall for Canadian ambassadors and receives the same from foreign ambassadors appointed to Canada. The governor general is also tasked with fostering national unity and pride.⁷⁷ Queen Elizabeth II stated in 1959 to then Governor General Vincent Massey "maintain[ing] the right relationship between the Crown and the people of Canada [is] the most important function among the many duties of the appointment which you have held with such distinction."⁷⁸ One way in which this is carried out is travelling the country and meeting with Canadians from all regions and ethnic groups in Canada,⁷⁵ continuing the tradition begun in 1869 by Governor General the Lord Lisgar.⁷⁹ He or she will also induct individuals into the various national orders and present national medals and decorations. Similarly, the viceroy administers and distributes the Governor General's Awards, and will also give out awards associated with private organizations, some of which are named for past governors general.⁷⁵ During a federal election, the governor general will curtail these public duties, so as not to appear as though they are involving themselves in political affairs. Although the constitution of Canada states that the "Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen,"¹⁰ the governor general acts in her place as Commander-in-Chief of the Canadian Forces and is permitted through the 1947 Letters Patent to use the title Commander-in-Chief in and over Canada.⁹ ¹⁶ The position technically involves issuing commands for Canadian troops, airmen, and sailors, but is predominantly a ceremonial role in which the viceroy will visit Canadian Forces bases across Canada and abroad to take part in military ceremonies, see troops off to and return from active duty, and encourage excellence and morale amongst the forces.⁹ The governor general also serves as honorary Colonel of three household regiments: the Governor General's Horse Guards, Governor General's Foot Guards and Canadian Grenadier Guards. This ceremonial position is directly under that of Colonel-in-Chief, which is held by the Queen. Since 1910, the governor general was also always made the Chief Scout for Canada, which was renamed Chief Scout of Canada after 1946 and again in 2011 as Patron Scout.⁸⁰ Residences and household Rideau Hall, located in Ottawa, is the official residence of the Canadian monarch⁸¹ and of the governor general and is thus the location of the viceregal household and the Chancellery of Honours. For a part of each year since 1872, governors general have also resided at the Citadel (La Citadelle) in Quebec City, Quebec.⁸² A governor general's wife is known as the chatelaine of Rideau Hall, though there is no equivalent term for a governor general's husband. The viceregal household aids the governor general in the execution of the royal constitutional and ceremonial duties and is managed by the Office of the Secretary to the Governor General.⁸³ The Chancellery of Honours centres around the Queen and is thus also located at Rideau Hall and administered by the governor general. As such, the viceroy's secretary ex officio holds the position of Herald Chancellor of Canada,⁸⁴ overseeing the Canadian Heraldic Authority—the mechanism of the Canadian honours system by which armorial bearings are granted to Canadians by the governor general in the name of the sovereign.⁸⁴ These organized offices and support systems include aides-de-camp, press officers, financial managers,⁸³ speech writers, trip organizers, event planners, protocol officers, chefs and other kitchen employees, waiters, and various cleaning staff, as well as visitors' centre staff and tour guides at both official residences. In this official and bureaucratic capacity, the entire household is often referred to as Government House⁸⁵ and its departments are funded through the normal federal budgetary process,⁸⁶ as is the governor general's salary of CAD$288,900,⁸⁷ which has been taxed since of 2013.⁸⁸ ⁸⁹ Additional costs are incurred from separate ministries and organizations such as the National Capital Commission, the Department of National Defence, and the Royal Canadian Mounted Police.⁹⁰ The governor general's air transportation is assigned to 412 Transport Squadron of the Royal Canadian Air Force. The squadron uses Bombardier Challenger 600 VIP jets to transport the governor general to locations within and outside of Canada. Symbols and protocol As the personal representative of the monarch, the governor general follows only the sovereign in the Canadian order of precedence, preceding even other members of the Royal Family. Though the federal viceroy is considered primus inter pares amongst his or her provincial counterparts, the governor general also outranks the lieutenant governors in the federal sphere; at provincial functions, however, the relevant lieutenant governor, as the Queen's representative in the province, precedes the governor general.⁹¹ The incumbent governor general and his or her spouse are also the only people in Canada, other than serving Canadian ambassadors and high commissioners, entitled to the use of the style His or Her Excellency and the governor general is granted the additional honorific of The Right Honourable for their time in office and for life afterwards.⁹² ⁹³ ⁹⁴ Prior to 1952, all Governors General of Canada were members of the peerage. Typically, individuals appointed as federal viceroy were already a peer, either by inheriting the title, such as the Duke of Devonshire, or by prior elevation by the sovereign in their own right, as was the case with the Viscount Alexander of Tunis. None were life peers, the Life Peerages Act 1958 postdating the beginning of the tradition of appointing Canadian citizens as governor general. John Buchan was, in preparation for his appointment as governor general, made the Baron Tweedsmuir of Elsfield in the County of Oxford by King George V, six months before Buchan was sworn in as viceroy. The Leader of His Majesty's Loyal Opposition at the time, William Lyon Mackenzie King, felt Buchan should serve as governor general as a commoner;⁹⁵ however, George V insisted he be represented by a peer. With the appointment of Vincent Massey as governor general in 1952, governors general ceased to be members of the peerage; successive governments since that date have held to the non-binding and defeated (in 1934) principles of the 1919 Nickle Resolution. Under the orders' constitutions, the governor general serves as the Chancellor and Principal Companion of the Order of Canada,⁹⁶ the Chancellor of the Order of Military Merit,⁹⁷ and the Chancellor of the Order of Merit of the Police Forces.⁹⁸ He or she also upon installation automatically becomes a Knight or Dame of Justice and the Prior and Chief Officer in Canada of the Most Venerable Order of the Hospital of Saint John of Jerusalem.⁹⁹ As acting commander-in-chief, the governor general is further routinely granted the Canadian Forces Decoration by the Chief of the Defence Staff on behalf of the monarch. All of these honours are retained following an incumbent's departure from office, with the individual remaining in the highest categories of the orders, and they may also be further distinguished with induction into other orders or the receipt of other awards.[n 7] The Viceregal Salute—composed of the first six bars of the Royal Anthem ("God Save the Queen") followed by the first and last four bars of the national anthem ("O Canada")—is the salute used to greet the governor general upon arrival at, and mark his or her departure from most official events.¹⁰¹ To mark the viceroy's presence at any building, ship, airplane, or car in Canada, the governor general's flag is employed. The present form was adopted on 23 February 1981 and,¹⁰² in the federal jurisdiction, takes precedence over all other flags save the Queen's personal Canadian standard.¹⁰³ When the governor general undertakes a state visit, however, the national flag is generally employed to mark his or her presence.¹⁰² This flag is also, along with all flags on Canadian Forces property, flown at half-mast upon the death of an incumbent or former governor general.¹⁰⁴ The crest of the Royal Arms of Canada is employed as the badge of the governor general, appearing on the viceroy's flag and on other objects associated with the person or the office. This is the fourth such incarnation of the governor general's mark since confederation.¹⁰⁵ History Further information: List of Governors General of Canada French and British colonies French colonization of North America began in the 1580s and Aymar de Chaste was appointed in 1602 by King Henry IV as Viceroy of Canada.¹⁰⁶ ¹⁰⁷ The explorer Samuel de Champlain became the first unofficial Governor of New France in the early 17th century,[n 8] serving until Charles Huault de Montmagny was in 1636 formally appointed to the post by King Louis XIII. The French Company of One Hundred Associates then administered New France until King Louis XIV took control of the colony and appointed Augustin de Saffray de Mésy as the first governor general in 1663,¹⁰⁹ after whom 12 more people served in the post. With the signing of the Treaty of Paris in 1763, France relinquished most of its North American territories, including Canada, to Great Britain.¹¹⁰ King George III then issued in that same year a royal proclamation establishing, amongst other regulations, the Office of the Governor of Quebec to preside over the new Province of Quebec.¹¹¹ Nova Scotia and New Brunswick remained completely separate colonies, each with their own governor, until the cabinet of William Pitt adopted in the 1780s the idea that they, along with Quebec and Prince Edward Island, should have as their respective governors a single individual styled as Governor-in-Chief. The post was created in 1786, with The Lord Dorchester as its first occupant. However, the governor-in-chief directly governed only Quebec. It was not until the splitting in 1791 of the Province of Quebec, to accommodate the influx of United Empire Loyalists fleeing the American revolutionary war, that the king's representative, with a change in title to Governor General, directly governed Lower Canada, while the other three colonies were each administered by a lieutenant governor in his stead. Responsible government The Rebellions of 1837 brought about great changes to the role of the governor general, prompting, as they did, the British government to grant responsible government to the Canadian provinces.¹¹² ¹¹³ As a result, the viceroys became largely nominal heads, while the democratically elected legislatures and the premiers they supported exercised the authority belonging to the Crown; a concept first put to the test when, in 1849, Governor-General of the Province of Canada and Lieutenant-Governor of Canada East the Earl of Elgin granted Royal Assent to the Rebellion Losses Bill, despite his personal misgivings towards the legislation.¹¹⁴ This arrangement continued after the reunification in 1840 of Upper and Lower Canada into the Province of Canada, and the establishment of the Dominion of Canada in 1867. The governor general carried out in Canada all the parliamentary and ceremonial functions of a constitutional monarch—amongst other things, granting Royal Assent, issuing Orders-in-Council, and taking advice from the Canadian privy council. However, the governor still remained not a viceroy, in the true sense of the word, being still a representative of and liaison to the British government⁵⁵ ¹¹⁵ —the Queen in her British council of ministers—who answered to the Secretary of State for the Colonies in London and who,¹¹⁶ as a British observer of Canadian politics, held well into the First World War a suite of offices in the East Block of Parliament Hill.[n 9] But, the new position of Canadian high commissioner to the United Kingdom, created in 1880, began to take over the governor general's role as a link between the Canadian and British governments, leaving the viceroy increasingly as a personal representative of the monarch.¹¹⁷ As such, the governor general had to retain a sense of political neutrality; a skill that was put to the test when the Marquess of Lorne disagreed with his Canadian prime minister, John A. Macdonald, over the dismissal of Lieutenant Governor of Quebec Luc Letellier de St-Just. On the advice of the Colonial Secretary, and to avoid conflict with the cabinet of Canada, the Marquess did eventually concede, and released St-Just from duty.¹¹⁸ The Governor General of Canada was then in May 1891 called upon to resolve the Dominion's first cabinet crisis, wherein Prime Minister Macdonald died, leaving the Lord Stanley of Preston to select a new prime minister. As early as 1880, the viceregal family and court attracted minor ridicule from the Queen's subjects: in July of that year, someone under the pseudonym Captain Mac included in a pamphlet called Canada: from the Lakes to the Gulf, a coarse satire of an investiture ceremony at Rideau Hall, in which a retired inn-keeper and his wife undergo the rigorous protocol of the royal household and sprawl on the floor before the Duke of Argyll so as to be granted the knighthood for which they had "paid in cold, hard cash."¹¹⁹ Later, prior to the arrival of Prince Arthur, Duke of Connaught and Strathearn (the uncle of King George V), to take up the post of governor general, there was a "feeble undercurrent of criticism" centring on worries about a rigid court at Rideau Hall; worries that turned out to be unfounded as the royal couple was actually more relaxed than their predecessors.¹²⁰ Emerging nationality to an independent kingdom During the First World War, into which Canada was drawn due to its association with the United Kingdom, the governor general's role turned from one of cultural patron and state ceremony to one of military inspector and morale booster. Starting in 1914, Governor General Prince Arthur donned his Field Marshal's uniform and put his efforts into raising contingents, inspecting army camps, and seeing troops off before their voyage to Europe. These actions, however, led to conflict with the Prince's prime minister at the time, Robert Borden; though the latter placed blame on the Military Secretary Edward Stanton, he also opined that the Duke "laboured under the handicap of his position as a member of the Royal Family and never realized his limitations as Governor General."¹²¹ Prince Arthur's successor, the Duke of Devonshire, faced the Conscription Crisis of 1917 and held discussions with his Canadian prime minister, as well as His Majesty's Loyal Opposition members, on the matter. Once the government implemented conscription, Devonshire, after consulting on the pulse of the nation with Sir Wilfrid Laurier, Vincent Massey, Henri Bourassa, Archbishop of Montreal Paul Bruchési, Duncan Campbell Scott, Vilhjalmur Stefansson, and Stephen Leacock, made efforts to conciliate Quebec, though he had little real success.¹²² Canada's national sentiment had gained fortitude through the country's sacrifices on the battlefields of the First World War and, by war's end, the interference of the British government in Canadian affairs was causing ever-increasing discontent amongst Canadian officials;[n 10] in 1918, the Toronto Star was even advocating the end of the office.¹²⁴ The governor general's role was also morphing to focus less on the larger Empire and more on uniquely Canadian affairs,[n 11] including the undertaking of official international visits on behalf of Canada, the first being that of the Marquess of Willingdon to the United States, where he was accorded by President Calvin Coolidge the full honours of representative of a head of state.[n 12]¹¹ It would be another decade, however, before the King-Byng Affair: another catalyst for change in the relationship between Canada—indeed, all the Dominions—and the United Kingdom, and thus the purpose of the governor general. In 1926, Liberal prime minister William Lyon Mackenzie King, facing a non-confidence vote in the House of Commons over a scandal in his party, requested that Governor General the Lord Byng of Vimy dissolve parliament and call an election. Byng, however, refused his Canadian prime minister's advice, citing both the facts that King held the minority of seats in the house and that a general election had been held only months earlier; he thus called on Arthur Meighen to form a government. Within a week however, Meighen's Conservative government lost its own non-confidence vote, forcing the Governor General to dissolve parliament and call elections that saw Mackenzie King returned to power.¹²⁶ King then went on to the Imperial Conference that same year and there pushed for reorganizations that resulted in the Balfour Declaration, which declared formally the practical reality that had existed for some years: namely, that the Dominions were fully autonomous and equal in status to the United Kingdom.¹²⁷ These new developments were codified in the Statute of Westminster, through the enactment of which on 11 December 1931, Canada, along with the Union of South Africa and the Irish Free State, immediately obtained formal legislative independence from the UK.¹²⁸ In addition, the Balfour Declaration also held that the governor general would cease to act as the representative of the British government. Accordingly, in 1928, the United Kingdom appointed its first High Commissioner to Canada thus effectively ending the governor general's diplomatic role as the British government's envoy.¹²⁹ The governor general thus became solely the representative of the King within Canadian jurisdiction, ceasing completely to be an agent of the British Cabinet,[n 13]⁸ ¹³¹ and as such would be appointed by the monarch granting his royal sign-manual under the Great Seal of Canada only on the advice of his Canadian prime minister.¹³² The Canadian Cabinet's first recommendation under this new system was still, however, a British subject born outside of Canada: the Lord Tweedsmuir. His birthplace aside, though, the professional author took further than any of his predecessors the idea of a distinct Canadian identity,¹³³ travelling the length and breadth of the country, including, for the first time for a governor general, the Arctic regions.¹³⁴ Not all Canadians, however, shared Tweedsmuir's views; the Baron raised the ire of imperialists when he said in Montreal in 1937: "a Canadian's first loyalty is not to the British Commonwealth of Nations, but to Canada and Canada's King,"¹³⁵ a statement the Montreal Gazette dubbed as "disloyal."¹³⁶ During Tweedsmuir's time as viceroy, which started in 1935, calls began to emerge for a Canadian-born individual to be appointed as governor general; but Tweedsmuir died suddenly in office in 1940, while Canada was in the midst of the Second World War, and Prime Minister Mackenzie King did not feel it was the right time to search for a suitable Canadian.¹³⁷ The Earl of Athlone was instead appointed by King George VI, Athlone's nephew, to be his viceroy for the duration of the war. Quebec nationalism and constitutional patriation It was in 1952, a mere five days before King George VI's death, that Vincent Massey became the first Canadian-born person to be appointed as a governor general in Canada since the Marquis de Vaudreuil-Cavagnal was made Governor General of New France on 1 January 1755, as well as the first not to be elevated to the peerage since Sir Edmund Walker Head in 1854. There was some trepidation about this departure from tradition and Massey was intended to be a compromise: he was known to embody loyalty, dignity, and formality, as expected from a viceroy.¹³⁸ As his viceregal tenure neared an end, it was thought that Massey, an anglophone, should be followed by a francophone Canadian; and so, in spite of his Liberal Party attachments, Georges Vanier was chosen by Conservative prime minister John Diefenbaker as the next governor general. Vanier was subsequently appointed by Queen Elizabeth II in person at a meeting of her Canadian Cabinet,¹³⁹ thus initiating the convention of alternating between individuals from Canada's two main linguistic groups. This move did not, however, placate those who were fostering the new Quebec nationalist movement, for whom the monarchy and other federal institutions were a target for attack. Though Vanier was a native of Quebec and fostered biculturalism, he was not immune to the barbs of the province's sovereigntists and, when he attended la Fête St-Jean-Baptiste in Montreal in 1964, a group of separatists held placards reading "Vanier vendu" ("Vanier sold out") and "Vanier fou de la Reine" ("Vanier Queen's jester").¹⁴⁰ In light of this regional nationalism and a resultant change in attitudes towards Canadian identity, images and the role of the monarchy were cautiously downplayed, and Vanier's successor, Roland Michener, was the last viceroy to practice many of the office's ancient traditions, such as the wearing of the Windsor uniform, the requirement of court dress for state occasions, and expecting women to curtsey before the governor general.¹⁴¹ At the same time, he initiated new practices for the viceroy, including regular conferences with the lieutenant governors and the undertaking of state visits.¹⁴¹ He presided over Canada's centennial celebrations and the coincidental Expo 67, to which French president Charles de Gaulle was invited. Michener was with de Gaulle when he made his infamous "Vive le Québec libre" speech in Montreal and was cheered wildly by the gathered crowd while they booed and jeered Michener.¹⁴² With the additional recognition of the monarchy as a Canadian institution,¹⁴³ ¹⁴⁴ the establishment of a distinct Canadian honours system, an increase of state visits coming with Canada's growing role on the world stage, and the more prevalent use of television to visually broadcast ceremonial state affairs, the governor general became more publicly active in national life. The Cabinet in June 1978 put forward the constitutional amendment Bill C-60, that, amongst other changes, vested executive authority directly in the governor general and renamed the position as First Canadian,¹⁴⁵ ¹⁴⁶ ¹⁴⁷ but the proposal was thwarted by the provincial premiers.¹⁴⁸ ¹⁴⁹ ¹⁵⁰ When the constitution was patriated four years later, the new amending formula for the documents outlined that any changes to the Crown, including the Office of the Governor General, would require the consent of all the provincial legislatures plus the federal parliament.¹⁵¹ By 1984, Canada's first female governor general—Jeanne Sauvé—was appointed. While it was she who created the Canadian Heraldic Authority, as permitted by letters patent from Queen Elizabeth II, and who championed youth and world peace, Sauvé proved to be a controversial vicereine, closing to the public the grounds of the Queen's residence and self-aggrandizingly breaching protocol on a number of occasions.¹⁴⁷ ¹⁵² ¹⁵³ Withering and renaissance Sarah, Duchess of York, said in 2009 that sometime during her marriage to Prince Andrew, Duke of York, her husband was offered the position of Governor General of Canada, and she speculated in hindsight that their agreement to refuse the commission may have been a contributing factor in their eventual break-up.¹⁵⁴ Instead, Sauvé's tenure as governor general was book-ended by a series of appointments—Edward Schreyer, Ray Hnatyshyn, and Roméo LeBlanc—that have been generally regarded as mere patronage postings for former politicians and friends of the incumbent prime minister at the time,[n 14]⁷⁷ ¹⁴⁷ and despite the duties they carried out, their combined time in the viceregal office is generally viewed as unremarkable, at best, damaging to the office, at worst;⁷⁷ ¹⁴⁷ ¹⁵⁵ ¹⁵⁶ ¹⁵⁷ as David Smith described it: "Notwithstanding the personal qualities of the appointees, which have often been extraordinary, the Canadian governor general has become a hermetic head of state—ignored by press, politicians and public."¹⁵⁸ It was theorized by Peter Boyce that this was due, in part, to widespread misunderstanding about the governor general's role coupled with a lack of public presence compared to the media coverage dedicated to the increasingly presidentialized prime minister.⁷⁷ It was with the Queen's appointment of Adrienne Clarkson, on the advice of then Prime Minister Jean Chrétien, that a shift in the office took place. Clarkson was the first Canadian viceroy to have not previously held any political or military position—coming as she did from a background of television journalism with the Canadian Broadcasting Corporation—was the first since 1952 to have been born outside of Canada, the first from a visible minority (she is of Chinese ancestry), and, by her being accompanied to Rideau Hall by her husband, author and philosopher John Ralston Saul, the official appointment brought an unofficial pair to the viceregal placement,¹⁵⁹ ¹⁶⁰ in that the governor general would not be the only person actively exploring Canadian theory and culture. Clarkson managed to bring the viceregal office back into the collective consciousness of Canadians, winning praise for touring the country more than any of her predecessors, her inspiring speeches, and her dedication to the military in her role as the Commander-in-Chief's representative.¹⁶¹ ¹⁶² ¹⁶³ ¹⁶⁴ ¹⁶⁵ ¹⁶⁶ This did not come without a cost, however, as the attention also drew widespread criticism of the Governor General's increased spending on state affairs, for which the office was symbolically rebuked by parliament when it voted in favour of cutting by 10% the viceregal budget it had earlier supported,¹⁶⁷ ¹⁶⁸ as well as for fostering the notion, through various demonstrations, that the governor general was ultimately the Canadian head of state above the Queen herself,¹⁶⁹ ¹⁷⁰ ¹⁷¹ an approach that was said by Jack Granatstein to have caused "a fury" with the Queen on one occasion in 2004.¹⁷² This attitude was not unique to Clarkson, though; it had been observed that, for some decades, staff at Rideau Hall and various government departments in Ottawa had been pushing to present the governor general as head of state,¹⁷³ part of a wider Liberal policy on the monarchy that had been in effect at least since the proposed constitutional changes in the 1970s,¹⁴⁷ if not the 1964 Truncheon Saturday riot in Quebec City.¹⁷¹ Indeed, international observers opined that the viceroys had been, over the years, making deliberate attempts to distance themselves from the sovereign, for fear of being too closely associated with any "Britishness" the monarch embodied.⁷⁷ Prime Minister Paul Martin followed Chrétien's example and, for Clarkson's successor, put forward to the Queen the name of Michaëlle Jean, who was, like Clarkson, a woman, a refugee, a member of a visible minority, a CBC career journalist, and married to an intellectual husband who worked in the arts.¹⁷⁴ Her appointment initially sparked accusations that she was a supporter of Quebec sovereignty, and it was observed that she had on a few occasions trodden into political matters,¹⁷⁵ ¹⁷⁶ ¹⁷⁷ as well as continuing to foster the notion that the governor general had replaced the Queen as head of state, thereby "unbalancing ... the federalist symmetry."¹⁷⁸ But Jean ultimately won plaudits,¹⁵⁷ particularly for her solidarity with the Canadian Forces and Canada's Aboriginal peoples, as well as her role in the parliamentary dispute that took place between December 2008 and January 2009.¹⁷⁹ ¹⁸⁰ ¹⁸¹ With the appointment of David Johnston, a lifelong academic and former University of Waterloo president and vice-chancellor, there was a signalled emphasis for the Governor General to vigorously promote learning and innovation. Johnston stated in his inaugural address: "[We want to be] a society that innovates, embraces its talent and uses the knowledge of each of its citizens to improve the human condition for all."¹⁸² There was also a recognition of Johnston's expertise in constitutional law, following the controversial prorogations of parliament in 2008 and 2009, which initiated some debate about the governor general's role as the representative of Canada's head of state.¹⁸³ Activities post-commission Retired governors general usually either withdraw from public life or go on to hold other public offices. Edward Schreyer, for instance, was appointed Canadian High Commissioner to Australia upon his departure from the viceregal role in 1984, and Michaëlle Jean became the UNESCO special envoy to Haiti and, later, the Secretary-General of the Francophonie.¹⁸⁴ Schreyer also become the first former governor general to run for elected office in Canada when he unsuccessfully vied for a seat in the House of Commons as a New Democratic Party candidate. Prior to 1952, several former viceroys returned to political careers in the United Kingdom, sitting with party affiliations in the House of Lords and, in some cases, taking a position in the British Cabinet.[n 15] John Campbell was elected a Member of Parliament in the United Kingdom in 1895, and remained so until he became the Duke of Argyll and took his seat in the House of Lords. Others were made governors in other countries or territories: the Viscount Monck was appointed Lord Lieutenant of Dublin, the Earl of Aberdeen was appointed Lord Lieutenant of Ireland, and the Earl of Dufferin, the Marquess of Lansdowne, The Earl of Minto, and The Earl of Willingdon all subsequently served as Viceroy of India. An outgoing governor general may leave an eponymous award as a legacy, such as the Stanley Cup, the Clarkson Cup, the Vanier Cup, or the Grey Cup. They may found an institution, as Georges Vanier did with the Vanier Institute of the Family and Adrienne Clarkson with the Institute for Canadian Citizenship. Three former governors general have released memoirs: the Lord Tweedsmuir (Memory Hold-the-Door), Vincent Massey (On Being Canadian and What's Past is Prologue), and Adrienne Clarkson (Heart Matters). Canadian institutions established by governors general - Royal Society of Canada – The Marquess of Lorne - Canada's first anti-tuberculosis association – The Earl of Minto - The Battlefields Park – The Lord Grey - King's Jubilee Cancer Fund – The Earl of Bessborough - Vanier Institute of the Family – Georges Vanier¹⁸⁵ - Sauvé Foundation – Jeanne Sauvé - Governor General Ramon John Hnatyshyn Education Fund – Ray Hnatyshyn¹⁸⁶ - International Council for Canadian Studies – Ray Hnatyshyn¹⁸⁶ - The Hnatyshyn Foundation – Ray Hnatyshyn¹⁸⁷ - Institute for Canadian Citizenship – Adrienne Clarkson - Michaëlle Jean Foundation – Michaëlle Jean See also - Governor General's Awards - List of awards presented by the Governor General of Canada - Royal Canadian Air Force VIP aircraft - Governor-General Notes [1] Georges Vanier acted as governor general between 15 September 1959 and 5 March 1967, and Roland Michener served for just under seven years, from 17 April 1967 to 14 January 1974. [2] Roméo LeBlanc resigned the viceregal post in 1999 due to health concerns. [3] The Lord Tweedsmuir died at the Montreal Neurological Institute and Hospital on 11 February 1940, and Georges Vanier died at Rideau Hall on 5 March 1967. [4] The only individuals to serve as administrators due to the deaths of governors general were Chief Justice Sir Lyman Poore Duff in 1940 and Chief Justice Robert Taschereau in 1967. [5] Governor General the Lord Tweedsmuir said of King George VI being in the Senate in 1939 to grant Royal Assent to bills: "[When the King of Canada is present] I cease to exist as Viceroy, and retain only a shadowy legal existence as Governor General in Council."⁵³ [6] See Note 1 at Queen's Privy Council for Canada. [7] Some seven years after he left office, the Earl Alexander of Tunis was appointed as a Member of the Order of Merit. Similarly, Vincent Massey was awarded the Royal Victorian Chain by Queen Elizabeth II approximately six months after leaving the viceregal post and was in 1967 invested into the Order of Canada.¹⁰⁰ Roland Michener was presented with the Royal Victorian Chain a few months before he retired as governor general. [8] Kevin MacLeod, in his book A Crown of Maples, pegs the start date of Champlain's governorship at 1627,³ whereas the official website of the Governor General of Canada puts it at 1608.¹⁰⁸ [9] The offices were subsequently incorporated into the Prime Minister's Office (PMO), but have been restored to their 19th century appearance after the PMO moved to the Langevin Block in the 1970s, and are now preserved as a tourist attraction along with other historic offices in the East Block.⁶ [10] The appointment in 1916 of the Duke of Devonshire as governor general caused political problems, as Canadian prime minister Robert Borden had, counter to established common practice, not been consulted on the matter by his British counterpart, H.H. Asquith.¹²³ [11] During the Great Depression, the Earl of Bessborough voluntarily cut his salary by ten percent as a sign of his solidarity with the Canadian people.¹²⁵ [12] Governors general had been venturing to Washington to meet informally with the President of the United States since the time of the Viscount Monck. [13] The ministers in attendance at the Imperial Conference agreed that: "In our opinion it is an essential consequence of the equality of status existing among the members of the British Commonwealth of Nations that the Governor General of a Dominion is the representative of the Crown, holding in all essential respects the same position in relation to the administration of public affairs in the Dominion as is held by His Majesty the King in great Britain, and that he is not the representative or agent of His Majesty's Government in Great Britain or of any Department of that Government."¹³⁰ [14] LeBlanc's strong ties to the Liberal Party led other party leaders to protest his appointment by boycotting his installation ceremony.¹⁵⁵ [15] In 1952, the Earl Alexander of Tunis resigned as Governor General of Canada to accept an appointment as Minister of Defence in the Cabinet of Winston Churchill. 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"Constitution of the Order of Canada". In Department of National Defence. The Honours, Flags and Heritage Structure of the Canadian Forces (PDF). Ottawa: Queen's Printer for Canada (published 1 April 1999). pp. 2C1–1. A-AD-200-000/AG-000. Retrieved 2 June 2009. [98] Office of the Governor General of Canada. "Honours > National Orders > Order of Merit of the Police Forces". Queen's Printer for Canada. Retrieved 2 June 2009. [99] "Canada Wide > About Us > The Order of St. John > The Order of St. John in Canada". St. John Ambulance Canada. Retrieved 2 June 2009. [100] "Library > Miscellaneous > Biographies > Vincent Massey". Answers Corporation. Retrieved 16 March 2009. [101] Department of Canadian Heritage. "Ceremonial and Canadian Symbols Promotion > Honours and salutes > Musical salute". Queen's Printer for Canada. Retrieved 3 June 2009. [102] Office of the Governor General of Canada. "Heraldry > Emblems of Canada and of Government House > Symbols of the Governor General > The Governor General's Flag". Queen's Printer for Canada. Retrieved 3 June 2009. [103] Department of National Defence 1999, p. 14-2-2 [104] Department of National Defence 1999, p. 4-2-6 [105] Nelson, Phil. "Governor General of Canada (Canada)". Flags of the World. Retrieved 23 April 2010. [106] Hoxie, Frederick E. (September 1999). Encyclopedia of North American Indians. Darby: Diane Publishing Company. p. 284. ISBN 978-0-7881-6690-7. [107] Tidridge, Nathan (2011). Canada's Constitutional Monarchy: An Introduction to Our Form of Government. Toronto: Dundurn Press. p. 26. ISBN 978-1-4597-0084-0. [108] Office of the Governor General of Canada. "Governor General > Role and Responsibilities > Role and Responsibilities of the Governor General". Queen's Printer for Canada. Retrieved 29 May 2009. [109] Eccles, W. J. (2000). "Saffray de Mézy (or Mésy), Augustin de". In English, John. The Canadian Encyclopedia. 1000–1700. 1. Ottawa: Queen's Printer for Canada. Retrieved 28 May 2009. [110] Emerich, John Edward; Acton, Dalberg; Benians, Ernest Alfred; Ward, Adolphus William; Prothero George Walter (29 October 1976). The Cambridge Modern History. 8. London: Cambridge University Press. pp. 346–347. ISBN 978-0-521-29108-8. [111] George III (7 October 1763). The Royal Proclamation. Westminster: King's Printer. Retrieved 4 June 2009. [112] MacLeod 2008, p. 7 [113] Library and Archives Canada. "Politics and Government > By Executive Decree > The Executive Branch in Canadian History". Queen's Printer for Canada. Retrieved 4 June 2009. [114] Mills, David. "The Canadian Encyclopedia". In Marsh, James Harley. Law > Acts & Statutes > Rebellion Losses Bill. Toronto: Historica Foundation of Canada. Archived from the original on 5 July 2007. Retrieved 4 June 2009. [115] Hilliker, John (1990). Canada's Department of External Affairs: The early years, 1909–1946. Montreal: McGill-Queen's Press. p. 71. ISBN 978-0-7735-0751-7. [116] Library and Archives Canada. "Politics and Government > By Executive Decree > The Governor General". Queen's Printer for Canada. Retrieved 4 June 2009. [117] Skelton, Oscar D. (2009), "The Day of Sir Wilfrid Laurier: A Chronicle of the 20th Century", in Wrong, George M.; Langton, H. H., The Chronicles of Canada, III, Tucson: Fireship Press, p. 228, ISBN 978-1-934757-51-2, retrieved 1 July 2010 [118] MacNutt 1955, p. 47 [119] Hubbard 1977, pp. 55–56 [120] Hubbard 1977, p. 125 [121] Borden, Robert (1938). Borden, Henry, ed. Memoirs. 1. New York: Macmillan Publishers. pp. 601–602. [122] Hubbard 1977, pp. 141–142 [123] Office of the Governor General of Canada. "Governor General > Former Governors General > The Duke of Devonshire". Queen's Printer for Canada. Retrieved 18 April 2009. [124] Hubbard 1977, p. 42 [125] Cowan, John (1965). Canada's Governors General, Lord Monck to General Vanier (2 ed.). York: York Publishing Co. p. 156. [126] Williams, Jeffery (1983). Byng of Vimy: General and Governor General. Barnsley, S. Yorkshire: Leo Cooper in association with Secker & Warburg. pp. 314–317. [127] Marshall, Peter (September 2001). "The Balfour Formula and the Evolution of the Commonwealth". The Round Table. 90 (361): 541–53. doi:10.1080/00358530120082823. [128] Baker, Philip Noel (1929). The Present Juridical Status of the British Dominions in International Law. London: Longmans. p. 231. [129] Lloyd, Lorna. ""What's in a name?" – The curious tale of the office of High Commissioner". Archived from the original on 18 May 2008. [130] Balfour, Arthur (November 1926). "Imperial Conference 1926" (PDF). Balfour Declaration. London: King's Printer. p. 4. E (I.R./26) Series. Retrieved 6 May 2009. [131] Judd, Denis (9 July 1998). Empire: The British Imperial Experience from 1765 to the Present. New York: Basic Books. p. 287. ISBN 978-0-465-01954-0. [132] Hillmer, Norman. "History > Constitution > Constitutional History > The Federal System". In Marsh, James H. The Canadian Encyclopedia. Toronto: Historica Foundation of Canada. Archived from the original on 8 June 2011. Retrieved 4 June 2009. [133] Office of the Governor General of Canada. "Governor General > Former Governors General > Lord Tweedsmuir of Elsfield". Queen's Printer for Canada. Retrieved 26 March 2009. [134] Hillmer, Norman. "Biography > Governors General of Canada > Buchan, John, 1st Baron Tweedsmuir". In Marsh, James H. The Canadian Encyclopedia. Toronto: Historica Foundation of Canada. Archived from the original on 3 July 2007. Retrieved 31 March 2009. [135] Smith, Janet Adam (1965). John Buchanan: a Biography. Boston: Little Brown and Company. p. 423. [136] "Royal Visit". Time. New York: Time Inc. IXX (17). 21 October 1957. ISSN 0040-781X. Retrieved 29 March 2009. [137] Office of the Governor General of Canada. "Governor General > Former Governors General > Major General The Earl of Athlone". Queen's Printer for Canada. Retrieved 24 March 2009. [138] Galbraith, William (February 2002). "The Canadian and the Crown". Ottawa Citizen. Retrieved 19 March 2009. [139] Office of the Governor General of Canada. "Governor General > Former Governors General > General The Right Honourable Georges Philias Vanier". Queen's Printer for Canada. Retrieved 5 June 2009. [140] Hubbard 1977, p. 233 [141] Office of the Governor General of Canada. "Governor General > Former Governors General > The Right Honourable Daniel Roland Michener". Queen's Printer for Canada. Retrieved 5 June 2009. [142] Berton, Pierre (1997). 1967: The Last Good Year. Toronto: Doubleday Canada Limited. pp. 300–312. ISBN 0-385-25662-0. [143] Speaker of the Senate. "Canada: a Constitutional Monarchy". Queen's Printer for Canada. Archived from the original on 17 June 2008. Retrieved 5 June 2009. [144] Department of Canadian Heritage (2005). "The Crown in Canada". Queen's Printer for Canada. [145] Heinricks, Geoff (2001). "Opinion: Trudeau and the Monarchy". Canadian Monarchist News. Toronto: Monarchist League of Canada (reprinted courtesy National Post) (published July 2001). Archived from the original on 22 June 2008. Retrieved 10 February 2009. [146] Smith, David (1999). Watson, William, ed. "Republican Tendencies" (PDF). Policy Options (May 1999). Montreal: Institute for Research on Public Policy. p. 8. Archived from the original (PDF) on 17 February 2012. Retrieved 10 February 2009. [147] Pepall, John (1 March 1990). "Who is the Governor General?". The Idler. Toronto. Retrieved 13 November 2010. [148] Valpy, Michael. Watson, William, ed. "Don't Mess With Success – and Good Luck Trying" (PDF). Policy Options (May 1999). Montreal: Institute for Research on Public Policy. p. 26. Archived from the original (PDF) on 17 February 2012. Retrieved 17 February 2009. [149] Smith 1999, p. 11 [150] Phillips, Stephen. "Republicanism in Canada in the reign of Elizabeth II: the dog that didn't bark". Canadian Monarchist News. Toronto: Monarchist League of Canada. Summer 2004 (22): 19–20. Archived from the original (PDF) on 2009-12-17. Retrieved 10 February 2009. [151] Elizabeth II (17 April 1982). Constitution Act, 1982. V.41.a. Ottawa: Queen's Printer for Canada. Archived from the original on 20 March 2007. Retrieved 5 June 2009. [152] Jackson, Michael (2002). "Political Paradox: The Lieutenant Governor in Saskatchewan". In Leeson, Howard A. Saskatchewan Politics Into the 21st Century. Regina: Canadian Plains Research Center. [153] Gardner, Dan (17 February 2009). "A stealth campaign against the Queen". Calgary Herald. Archived from the original on 17 June 2009. Retrieved 26 February 2009. [154] Miranda, Charles (2 March 2009). "Duchess of York Sarah Ferguson on love in royal palace". The Daily Telegraph. Retrieved 6 June 2009. [155] Fidelis (1999). "The LeBlanc Years: A Frank Assessment". Canadian Monarchist News. Toronto: Monarchist League of Canada. Autumn 1999. Archived from the original on 8 July 2009. Retrieved 2 March 2009. [156] Toffoli, Gary. "The Hnatyshyn Years". Monarchy Canada. Toronto: Fealty Enterprises (Spring 1995). Archived from the original on 12 October 2006. Retrieved 19 March 2009. [157] Martin, Don (28 May 2009). "Jean is now least boring G-Gever". National Post. Retrieved 25 February 2016. [158] Jackson, CVO, CD, D. Michael (1999). Written at Toronto-Buffalo-London. "The Crown in Today's Federal State" (PDF). Canadian Monarchist News. Autumn-Winter 2007 (27). Toronto: Monarchist League of Canada (published 2007). p. 12. Archived from the original (PDF) on 8 July 2009. Retrieved 26 July 2009. [159] Janigan, Mary; Nicol, John (20 September 1999). "Clarkson Appointed Governor General". Maclean's. Toronto: Kenneth Whyte. ISSN 0024-9262. Archived from the original on 8 June 2011. Retrieved 2 March 2009. [160] Walker, William (9 September 1999). "PM names Clarkson". Toronto Star. Retrieved 2 March 2009. [161] Fraser, John (1 February 2003). "Excellency". National Post. Archived from the original on 6 July 2011. Retrieved 1 March 2009. [162] Editorial (2005). "Our Governor General" (PDF). Canadian Monarchist News. Toronto: Monarchist League of Canada. Spring 2005 (23): 6. Archived from the original (PDF) on 26 February 2009. Retrieved 28 February 2009. [163] "Clarkson out of hospital after pacemaker surgery". CTV. 11 July 2005. Retrieved 1 March 2009. [164] Black, Dan (1 September 2000). "The Tomb of the Unknown Soldier". Legion Magazine. Kanata: Canvet Publications Ltd. September 2000. Retrieved 1 March 2009. [165] Graham, Bill (9 December 2004). "Debate Extracts: Commons Cuts the GG's Budget" (PDF). Canadian Monarchist News. Spring 2005 (23). Toronto: Monarchist League of Canada. p. 9. Archived from the original (PDF) on 26 February 2009. Retrieved 1 March 2009. [166] Greenway, Norma (27 September 2005). "Jean puts imprint on swearing-in". CanWest News Service. Retrieved 1 March 2009. [167] McWhinney, Edward (2005). The Governor General and the Prime Ministers. Vancouver: Ronsdale Press. p. 46. ISBN 1-55380-031-1. [168] MacKay, Peter (9 December 2004). "Debate Extracts: Commons Cuts the GG's Budget" (PDF). Canadian Monarchist News. Spring 2005 (23). Toronto: Monarchist League of Canada. p. 9. Archived from the original (PDF) on 26 February 2009. Retrieved 1 March 2009. [169] Fidelis (2005). "A Very Alarming Situation: the New Threat to the Canadian Monarchy – What Next?" (PDF). Canadian Monarchist News. Toronto: Monarchist League of Canada. Spring 2005 (23): 2. Archived from the original (PDF) on 26 February 2009. Retrieved 28 February 2009. [170] Editorial (2005). "Hope for the Monarchy in Canada: The Provincial Crown" (PDF). Canadian Monarchist News. Toronto: Monarchist League of Canada. Spring 2005 (23): 12. Archived from the original (PDF) on 26 February 2009. Retrieved 1 March 2009. [171] Fraser, John (28 April 2012), "John Fraser: When Quebecers loved the Crown (and why they stopped)", National Post, retrieved 29 April 2012 [172] Galloway, Gloria (7 June 2010), "Jean to squeeze in trip to China between royal tour hello and goodbye", The Globe and Mail, Toronto, retrieved 7 June 2010 [173] Boswell, Randy (7 October 2009). "Governor General calling herself 'head of state' riles monarchists". Ottawa Citizen. Archived from the original on 10 October 2009. Retrieved 7 October 2009. [174] Ibbitson, John (28 September 2005). "The remarkable new Governor-General". The Globe and Mail. Toronto. Archived from the original on 16 January 2009. Retrieved 7 June 2009. [175] "Governor General proposes two new options to recognize Constable Garrett" (Press release). Office of the Governor General of Canada. 27 November 2007. Retrieved 12 December 2007. [176] Hébert, Chantal (27 September 2006). "Will Jean thwart election call?;". Toronto Star. Retrieved 28 September 2006. [177] Valpy, Michael (24 April 2007). "'Your biggest problem is Rideau Hall,' top bureaucrat warned Harper". Globe and Mail. Toronto. Retrieved 1 May 2007. [178] Gardner, Dan (13 February 2009). "Governor General to Dan Gardner: you're right". Ottawa Citizen. Retrieved 26 July 2009. [179] Taylor, Nathan (6 December 2008). "Stanton defends Harper". Packet & Times. Retrieved 8 December 2008. [180] Dreschel, Andrew (5 December 2008). "Jean was right to stave off Bloc coalition". Hamilton Spectator. Retrieved 8 December 2008. [181] Wente, Margaret (5 December 2008). "That was the weird week that was". The Globe and Mail. Toronto. Archived from the original on 7 December 2008. Retrieved 8 December 2008. [182] "GG David Johnston sworn in". CBC. 1 October 2010. Archived from the original on 4 October 2010. Retrieved 3 November 2010. [183] "Johnston named Canada's next governor general". CBC. 8 July 2010. Archived from the original on 11 July 2010. Retrieved 3 November 2010. [184] "Michaëlle Jean begins UN job for Haiti". CBC. 8 November 2010. Retrieved 9 November 2010. [185] Unless noted otherwise, the source for information in this section is found in: Hubbard 1977 [186] Office of the Governor General of Canada, Role and Responsibilities > Former Governors General > The Right Honourable Ramon John Hnatyshyn, Queen's Printer for Canada, retrieved February 4, 2010 [187] "Who We Are > Our Founder". The Hnatyshyn Foundation. Retrieved 3 February 2010. Further reading Coucill, Irma (2005). Canada's Prime Ministers, Governors General and Fathers of Confederation. Pembroke Publishers. ISBN 1-55138-185-0. External links - Official website of the Governor General of Canada - YouTube Channel of the Governor General of Canada - Proclamation Constituting the Office of Governor General and Commander-in-Chief of Canada - Governor General's Installation Ceremony, 1 of 7 approx. 15 min. parts (YouTube) Queen's Privy Council for Canada This article is about the Canadian Privy Council. For the Imperial Privy Council, see Privy Council of the United Kingdom. The Queen's Privy Council for Canada (QPC) (French: Conseil privé de la Reine pour le Canada (CPR)), sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council,¹ is the full group of personal consultants to the monarch of Canada on state and constitutional affairs. Responsible government, though, requires the sovereign or her viceroy—the Governor General of Canada—to almost always follow only that advice tendered by the Cabinet—a committee within the Privy Council composed usually of elected Members of Parliament. Those summoned ² to the QPC are appointed for life by the governor general as directed by the Prime Minister of Canada, meaning that the group is composed predominantly of former cabinet ministers, with some others having been inducted as an honorary gesture. Those in the council are accorded the use of an honorific style and post-nominal letters, as well as various signifiers of precedence.³ Queen-in-Council Further information: Monarchy of Canada § Executive (Queen-in-Council) The government of Canada, which is formally referred to as Her Majesty's Government,⁴ ⁵ is defined by the Canadian constitution as the sovereign acting on the advice of the Queen's Privy Council for Canada;⁶ ⁷ what is technically known as the Queen-in-Council,⁸ or sometimes the Governor-in-Council,⁹ referring to the Governor General of Canada as the Queen's stand-in. The group of people is described as "a Council to aid and advise in the Government of Canada, to be styled the Queen's Privy Council for Canada,"¹⁰ though, by convention, the task of giving the sovereign and governor general advice (in the construct of constitutional monarchy and responsible government, this is typically binding[n 1]) on how to exercise the Royal Prerogative via Orders in Council rests with by the Cabinet—a committee of the Privy Council made up of other ministers of the Crown who are drawn from, and responsible to, the House of Commons in the parliament.⁷ This body is distinct but also entwined within the QPC, as the President of the Queen's Privy Council for Canada customarily serves as one of its members and cabinet ministers receive assistance in the performance of their duties from the Privy Council Office, headed by the Clerk of the Privy Council. While the Cabinet specifically deals with the regular, day-to-day functions of the Crown-in-Council, occasions of wider national importance—such as the proclamation of a new Canadian sovereign following a demise of the Crown or conferring on royal marriages—will be attended to by more senior officials in the QPC, such as the prime minister, the chief justice of the Supreme Court of Canada, and other senior statesmen; while all privy councillors are invited to such meetings in theory, in practice the composition of the gathering is determined by the prime minister of the day. The quorum for Privy Council meetings is four.¹¹ Membership The Constitution Act, 1867, outlines that persons are to be summoned and appointed for life to the Queen's Privy Council by the governor general,¹⁰ though convention dictates that this be done on the advice of the sitting prime minister. As its function is to provide the vehicle for advising the Crown, the members of the QPC are predominantly all living current and former ministers of the Crown. In addition, the chief justices of Canada and former governors general are appointed. From time to time, the leader of Her Majesty's Loyal Opposition and heads of other opposition parties will be appointed to the QPC, either as an honour or to facilitate the distribution of sensitive information under the Security of Information Act, and, similarly, it is required by law that those on the Security Intelligence Review Committee be made privy councillors, if they are not already. To date, only Prime Minister Paul Martin advised that Parliamentary Secretaries be admitted to the QPC. Appointees to the Queen's Privy Council must recite the requisite oath:¹² I, [name], do solemnly and sincerely swear (declare) that I shall be a true and faithful servant to Her Majesty Queen Elizabeth the Second, as a member of Her Majesty's Privy Council for Canada. I will in all things to be treated, debated and resolved in Privy Council, faithfully, honestly and truly declare my mind and my opinion. I shall keep secret all matters committed and revealed to me in this capacity, or that shall be secretly treated of in Council. Generally, in all things I shall do as a faithful and true servant ought to do for Her Majesty. Provincial premiers are not commonly appointed to the QPC, but have been made members on special occasions, such as the centennial of Confederation in 1967 and the patriation of the constitution of Canada in 1982. On Canada Day in 1992, which also marked the 125th anniversary of Canadian Confederation, Governor General Ramon Hnatyshyn appointed eighteen prominent Canadians to the Privy Council, including former Premier of Ontario David Peterson, retired hockey star Maurice Richard, and businessman Conrad Black (who was later expelled from the QPC by the Governor General on the advice of Prime Minister Stephen Harper¹³ ). The use of Privy Council appointments as purely an honour was not employed again until 6 February 2006, when Harper advised the Governor General to appoint former Member of Parliament John Reynolds along with the new Cabinet. Harper, on 15 October 2007, also advised Governor General Michaëlle Jean to appoint Jim Abbott. On occasion, a non-Canadian has been appointed to the QPC. For example, British Prime Minister Winston Churchill was inducted during a visit to Canada on 29 December 1941.¹⁴ Privy councillors are entitled to the style The Honourable or, for the prime minister, chief justice, or certain other eminent individuals, The Right Honourable and the post-nominal letters PC (in French: CP). Prior to 1967, the style The Right Honourable was only employed in Canada by those appointed to the Imperial Privy Council in London, such persons usually being prime ministers, Supreme Court chief justices, certain senior members of the Canadian Cabinet, and other eminent Canadians. These appointments ended under Lester Pearson, though the traditional style remained in use, limited to only prime ministers and chief justices. In 1992, several eminent privy councillors, most of whom were long-retired from active politics, were granted the style by the Governor General, and, in 2002, Jean Chrétien recommended that Herb Gray, a privy counsellor of long standing, be given the style The Right Honourable upon his retirement from parliament.¹⁵ History Prime Minister William Lyon Mackenzie King had the Privy Council convene in 1947 to consent to the marriage of Princess Elizabeth (later Queen Elizabeth II) to Philip Mountbatten, as per the Royal Marriages Act 1772. The Princess' father, King George VI, had offered an invitation for Mackenzie King to attend when the Privy Council of the United Kingdom met for the same purpose, but the Prime Minister declined and held the meeting of the Canadian Privy Council so as to illustrate the separation between Canada's Crown and that of the UK.¹⁶ The council has assembled in the presence of the sovereign on two occasions: First, at 10:00 am on Thanksgiving Monday of 1957, at the monarch's residence in Ottawa, Rideau Hall. There, Queen Elizabeth II chaired a meeting of 22 of her privy councilors—including her consort, by then Prince Philip, Duke of Edinburgh, whom Elizabeth appointed to the QPC at that conference—and therein approved an Order in Council.¹⁷ ¹⁸ Two years later, the QPC again met before the Queen in Halifax, Nova Scotia, to confirm the appointment of Georges Vanier as governor general.¹ ¹⁹ There was originally some speculation that the coming together of the sovereign and her council was not constitutionally sound; however, the prime minister at the time, John Diefenbaker, found no legal impropriety in the idea, and desired to create a physical illustration of Elizabeth's position of Queen of Canada being separate to that of Queen of the United Kingdom.¹⁷ ¹⁸ The last formal meeting of the Privy Council was held in 1981 to give formal consent to the marriage of the Prince of Wales to Lady Diana Spencer.¹⁶ According to a contemporary newspaper account, the conference, on 27 March at Rideau Hall, consisted of 12 individuals, including Chief Justice Bora Laskin, who presided over the meeting, Prime Minister Pierre Trudeau, several cabinet ministers, Stanley Knowles of the New Democratic Party, and Alvin Hamilton of the Progressive Conservative Party.¹¹ There, all gathered were informed of the Prince's engagement, nodded their approval, and then toasted their decision with champagne. David Brown, an official in the machinery of government section of the Privy Council Office, told The Globe and Mail that, had the Privy Council rejected the Prince of Wales' engagement, none of his children would have been considered legitimate heirs to the Canadian throne, thus setting up a potential break in the unified link to the crown of each of the Commonwealth realms, in contradiction to the conventional "treaty" laid out in the preamble to the 1931 Statute of Westminster.¹¹ Following the announcement of the Prince of Wales' engagement to Camilla Parker-Bowles, however, the Department of Justice announced its decision that the Privy Council was not required to meet to give its consent to the marriage, as the union would not result in offspring that would impact the succession to the throne.²⁰ Prince Charles was himself appointed to the council on 18 May 2014.²¹ See also - List of current members of the Queen's Privy Council for Canada - List of longest-serving current Privy Counsellors of Canada - List of members of the Queen's Privy Council for Canada (1867–1911) - List of members of the Queen's Privy Council for Canada (1911–1948) - List of members of the Queen's Privy Council for Canada (1948–1968) - List of members of the Queen's Privy Council for Canada (1968–2005) - List of members of the Queen's Privy Council for Canada (2006–present) - Executive Council (Canada) - Executive Council (Commonwealth countries) Notes [1] See 'Responsibilities' and Note 1 at Cabinet of Canada. References [1] Privy Council Office. "Council Office > Information Resources > Queen's Privy Council for Canada - Facts". Queen's Printer for Canada. Retrieved 15 October 2009. [2] http://www.pco-bcp.gc.ca/index.asp?lang=eng [3] Privy Council Office. "Council Office > Information Resources > Members of the Queen's Privy Council". Queen's Printer for Canada. Retrieved 15 October 2009. [4] MacLeod, Kevin S. (2015). A Crown of Maples (PDF) (2015 ed.). Ottawa: Queen's Printer for Canada. p. 18. ISBN 978-0-662-46012-1. Retrieved 25 October 2015. [5] Wrong, Humphrey Hume (10 November 1952). "Telegram 219". In Department of Foreign Affairs and International Trade Canada. Relations With the United States. Documents on Canadian External Relations. 18-867. Ottawa. Retrieved 18 May 2009. [6] Victoria (1867). "Constitution Act, 1867". III.9. Westminster: Queen's Printer (published 29 March 1867). Retrieved 15 January 2009. [7] Marleau, Robert; Montpetit, Camille (2000). House of Commons Procedure and Practice. Ottawa: Queen's Printer for Canada. ISBN 2-89461-378-4. 1. Parliamentary Institutions > Institutional Framework > Executive. [8] MacLeod 2008, p. 17 [9] Elizabeth II (1 April 2005). "Interpretation Act". 35.1. Ottawa: Queen's Printer for Canada. Archived from the original on July 5, 2009. Retrieved 7 August 2009. [10] Victoria 1867, III.11 [11] Palango, Paul (8 May 1981). "Privy Council nod on royal betrothal 'medieval'". Globe and Mail. [12] Office of the Governor General of Canada. "Governor General > Role and Responsibilities > Oaths of Office". Queen's Printer for Canada. Retrieved 4 March 2007. [13] "Conrad Black stripped of the Order of Canada". Globe and Mail. 31 January 2014. Retrieved 24 April 2014. [14] "Becomes Canadian Privy Councillor". Ottawa Citizen. 30 December 1941. Retrieved 3 May 2012. [15] Privy Council Office. "Prime Minister Announces New Ministry". Queen's Printer for Canada. Retrieved 4 May 2008. [16] Boyce, Peter John (2008). The Queen's Other Realms: The Crown and Its Legacy in Australia, Canada and New Zealand. Sydney: Federation Press. p. 81. ISBN 9781862877009. [17] Bousfield, Arthur; Toffoli, Gary (2002). Fifty Years the Queen. Toronto: Dundurn Press. pp. 11–12. ISBN 1-55002-360-8. [18] Buckner, Phillip (2005). "The Last Great Royal Tour: Queen Elizabeth's 1959 Tour to Canada". In Buckner, Phillip. Canada and the End of Empire. Vancouver: UBC Press. p. 69. ISBN 0-7748-0915-9. Retrieved 24 October 2009. [19] Buckner 2005, p. 70 [20] Valpy, Michael (2 November 2005). "Scholars scurry to find implications of royal wedding". The Globe and Mail. Retrieved 4 March 2009. [21] Office of the Prime Minister (18 May 2014). "PM Announces the Appointment of His Royal Highness the Prince of Wales to the Queen's Privy Council for Canada". Queen's Printer for Canada. Archived from the original on May 19, 2014. Retrieved 18 May 2014. External links - Privy Council Office Cabinet of Canada The Cabinet of Canada (French: Cabinet du Canada) is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada. Chaired by the prime minister, the Cabinet is a committee of the Queen's Privy Council for Canada and the senior echelon of the Ministry, the membership of the Cabinet and ministry often being co-terminal; as of November 2015 there are no members of the latter who are not also members of the former. For practical reasons, the Cabinet is informally referred to either in relation to the prime minister in charge of it or the number of ministries since Confederation. The current cabinet is the Trudeau Cabinet, which is part of the 29th Ministry. The interchangeable use of the terms cabinet and ministry is a subtle inaccuracy that can cause confusion. Composition Queen-in-Council The government of Canada, formally referred to as Her Majesty's Government,¹ ² is defined by the constitution as the Queen acting on the advice of her Privy Council;³ ⁴ what is technically known as the Queen-in-Council,⁵ or sometimes the Governor-in-Council,⁶ referring to the governor general as the Queen's stand-in. However, the Privy Council—composed mostly of former members of parliament, current and former chief justices of Canada, and other elder statesmen—rarely meets in full; as the stipulations of responsible government require that those who directly advise the monarch and governor general on how to exercise the Royal Prerogative be accountable to the elected House of Commons, the day-to-day operation of government is guided only by a sub-group of the Privy Council made up of individuals who hold seats in parliament.⁴ This body of ministers of the Crown is the Cabinet, which has come to be the council in the phrase Queen-in-Council. One of the main duties of the Crown is to appoint as prime minister the individual most likely to maintain the confidence of the House of Commons; this is usually the leader of the political party with a majority in that house, but when no party or coalition holds a majority (referred to as a hung parliament), or similar scenario, the governor general's judgement about the most suitable candidate for prime minister must be brought into play.⁷ The prime minister thereafter heads the Cabinet. The Queen is informed by her viceroy of the acceptance of the resignation of a prime minister and the swearing-in of a new ministry,⁷ and she remains fully briefed through regular communications from her Canadian ministers and holds audience with them whenever possible.⁸ Selection and structure The governor general appoints to the Cabinet persons chosen by the prime minister—John A. Macdonald once half-jokingly listed his occupation as cabinet maker—through a complex selection process; in addition to necessary personal qualifications of the potential ministers, there are also a number of conventions that are expected be followed. For instance, there is typically a minister from each province in Canada, ministers from visible minority groups, female ministers and, while the majority of those chosen to serve as ministers of the Crown are Members of Parliament, a Cabinet may also include a senator, especially as a representative of a province or region where the governing party won few or no ridings. Efforts are further made to indulge interest groups that support the incumbent government and the party's internal politics must be appeased, with Cabinet positions sometimes being a reward for loyal party members. It is not legally necessary for Cabinet members to have a position in parliament; however, if such a person is appointed, he or she will rapidly seek election as a Member of Parliament or will be summoned to the Senate.⁹ As with other Westminster derived governments, but unlike the United States Cabinet, the size and structure of the Canadian Cabinet is relatively malleable, the slate of Cabinet positions tending to be substantially restructured periodically, the last major period of realignment occurring between 1993 and 1996. Throughout the 20th century, Cabinets had been expanding in size until the Cabinet chaired by Brian Mulroney, with a population of 40 ministers. Mulroney's successor, Kim Campbell, reduced this number, and Jean Chrétien eliminated approximately 10 members of the ministry from the Cabinet, so that by 1994 there were a total of 23 persons in Cabinet. Under the chairmanship of Paul Martin, the number increased again to 39, in the vicinity of which it has remained; the Cabinet proper currently comprises 31 ministers, with another 7 members of the ministry who are not of the cabinet.¹⁰ Cabinet itself—or full Cabinet—is further divided into committees. The Treasury Board, overseeing the expenditure of the sovereign's state funds within every department, is one of the most important of these, as is the Priorities and Planning Committee, often referred to as the inner Cabinet, which is the body that sets the strategic directions for the government, approves key appointments, and ratifies committee memberships. Other Cabinet committees include: Operations, Social Affairs, Economic Growth and Long-Term Prosperity, Foreign Affairs and Security, Environment and Energy Security.¹¹ Each committee is chaired by a senior minister whose own portfolio normally intersects with the mandate of the committee he or she is chairing. Ministers, secretaries, and deputies Each minister of the Crown is responsible for the general administration of at least one government portfolio and heads a corresponding ministry or ministries, known in Canada as departments or agencies. The most important minister, following the premier, is the Minister of Finance, while other high-profile ministries include foreign affairs, industry, justice, and health. The official order of precedence does not follow the same pattern, however, with ministers being listed in the order of their appointment to the Privy Council or, if appointed to the Privy Council on the same day, in order of election or appointment to parliament.¹² Unique positions in Cabinet are those such as Leader of the Government in the House of Commons and President of the Queen's Privy Council, who have no corresponding department, and some ministers (such as the Minister for International Cooperation) head agencies under the umbrella of a department run by another minister. Further, the prime minister may recommend the governor general appoint to Cabinet some ministers without portfolio, though this has not been done since 1978, and, unlike in many other Westminster model governments, ministers of state in Canada are considered full members of Cabinet, rather than of the ministry outside it, which has the effect of making the Canadian Cabinet much larger than its foreign counterparts. These individuals are assigned specific, but temporary, responsibilities on a more ad hoc basis, fulfilling tasks created and dissolved to suit short-term government priorities from within a department under a full minister of the Crown. Ministers of state may also be named but not specified any particular responsibilities, thus giving them the effective appearance of ministers without portfolio, or be delegated problems or initiatives that cut across departmental boundaries, a situation usually described as having the [situation] file. Members of the Cabinet receive assistance from both parliamentary secretaries—who will usually answer, on behalf of a minister, questions in the House of Commons—and deputy ministers—senior civil servants assigned to each ministry in order to tender non-partisan advice. Responsibilities See also: Prime Minister of Canada § Role and authority In the context of constitutional monarchy and responsible government, the ministerial advice tendered is typically binding, though it is important to note that, despite appearances to the contrary, the Royal Prerogative belongs to the Crown, not to any of the ministers,¹³ ¹⁴ and the royal and viceroyal figures may unilaterally use these powers in exceptional constitutional crisis situations.[n 1]¹³ ¹⁹ ²⁰ ²¹ ²² ²³ ²⁴ ²⁵ ²⁶ ²⁷ There are also a few duties which must be specifically performed by, or bills that require assent by, the Queen. As advisors to the sovereign, the Cabinet has significant power in the Canadian system and, as the governing party usually holds a majority of seats in the legislature, almost all bills proposed by the Cabinet are enacted. Combined with a comparatively small proportion of bills originating with individual Members of Parliament, this leads to Cabinet having almost total control over the legislative agenda of the House of Commons. Further, members of various executive agencies, heads of Crown corporations, and other officials are appointed by the Crown-in-Council, though some of these may be made only by the Governor General-in-Council specifically. Public inquiries and Royal Commissions are also called through a Royal Warrant issued by the Queen or Governor-in-Council. All Cabinet meetings are held behind closed doors and the minutes are kept confidential for thirty years, Cabinet members being forbidden from discussing what transpires. Decisions made must be unanimous, though this often occurs at the prime minister's direction, and once a decision has been reached, all Cabinet members must publicly support it. If any of these rules are violated, the offending minister is usually removed by the prime minister and, if the disagreement within the Cabinet is strong, a minister may resign, as did John Turner in 1975, over the subject of wage and price controls, and Michael Chong in 2006, over a parliamentary motion recognising "the Québécois" as a nation within Canada. However, the Cabinet's collective influence has been seen to be eclipsed by that of the prime minister alone. Former prime minister Pierre Trudeau is credited with consolidating power in the Office of the Prime Minister (PMO)²⁸ and, at the end of the 20th century and into the 21st, analysts—such as Jeffrey Simpson, Donald Savoie, and John Gomery—argued that both parliament and the Cabinet had become eclipsed by prime ministerial power.²⁹ Savoie quoted an anonymous minister from the Liberal Party as saying Cabinet had become "a kind of focus group for the Prime Minister,"³⁰ ³¹ while Simpson called cabinet a "mini-sounding board".[n 2]³³ Coyne wrote in 2015: "Cabinet does not matter... It does not govern: that is the job of the prime minister, and of the group of political staff he has around him, and of the bureaucracy beyond them."³⁴ John Robson criticised the use of the prime minister's name to identify the Cabinet, calling it a "bad habit" that "endorses while concealing the swollen pretension of the executive branch."³⁵ Shadow cabinets Each party in Her Majesty's Loyal Opposition creates a shadow cabinet, with each member thereof observing and critiquing one or more actual Cabinet portfolios and offering alternative policies. The Official Opposition's shadow cabinet comprises members of the party not in government holding the largest number of seats and is appointed by the Leader of the Opposition; it is generally regarded as a "government in waiting". Its members are often, but not always, appointed to a Cabinet post should the leader of their party be called to form a government. Current Cabinet The Liberal Party of Canada won the federal election of October 19, 2015 with a majority of seats in the House of Commons. The Cabinet was sworn-in on November 4, with Justin Trudeau appointed as prime minister. Initially, five members of Cabinet were appointed by orders-in-council on November 4 as ministers of state, but styled without the traditional of state in their titles. These were the Ministers of Science,³⁶ Small Business and Tourism,³⁷ Sport and Persons with Disabilities,³⁸ Status of Women,³⁹ and La Francophonie.⁴⁰ (However, the new Minister of La Francophonie was, at the same time, appointed Minister of International Development.) Ministers of state had previously represented a second order within the Cabinet (determined by a lower salary as defined by the Salaries Act⁴¹ ), despite the Ministries and Ministers of State Act giving them full authority for any government function delegated to them.⁴² However, after details of the aforementioned orders-in-council were published, the new cabinet stated its intent for there to "be no levels of cabinet members" and it would table in parliament amendments to the salary statutes, but also that the new ministers would continue to work with the existing departments rather than forming new ones.⁴³ Ministers are listed according to the Canadian order of precedence:⁴⁴ Notes [1] Ministers position in the order of precedence is determined as follows: those entitled to use The Right Honourable (generally only the prime minister), ministers, associate ministers, then ministers of state, with ties broken by date sworn-in to the Queen's Privy Council for Canada, date became a member of the Parliament of Canada (in either the Canadian Senate or Canadian House of Commons, and finally alphabetically by last name. [2] The Prime Minister has precedence over all other ministers. Former portfolios - Secretary of State for the Provinces (1867–1873) - Minister of Public Works (1867–1996) - Postmaster General (1867–1981) - Minister of Customs (1867–1918) - Minister of Inland Revenue (1867–1918) - Secretary of State for Canada (1867–1996) - Minister of Marine and Fisheries (1867–1930) - Superintendent-General Indian Affairs (1868–1936) - Minister of the Interior (1873–1936) - Solicitor General (1892–2003) - Minister of Mines (1907–1936) - Secretary of State for External Affairs (1909–1993) - Minister of Immigration and Colonization (1917–1936) - Minister of Soldiers' Civil Re-establishment (1918–1928) - Minister of Customs and Inland Revenue (1918–1921) - Minister of Customs and Excise (1921–1927) - Minister of Pensions and National Health (1928–1944) - Minister of Fisheries (1930–1971) - Minister of Mines and Resources (1936–1950) - Minister of Mines and Technical Surveys (1950–1966) - Minister of Resources and Development (1950–1953) - Minister of Citizenship and Immigration (1950–1966) - Minister of Northern Affairs and National Resources (1953–1966) - Minister of Manpower and Immigration (1966–1977) - Minister of Energy, Mines and Resources (1966–1995) - Minister of Consumer and Corporate Affairs (1968–1995) - Leader of the Government in the Senate (list) (1969–2013) - Minister of Regional Economic Expansion (1969–1982) - Minister of Economic Communications (1969–1996) - Minister of Supply and Services (1969–1996) - Minister of Industry, Trade and Commerce (1969–1983) - Minister of Employment and Immigration (1977–1996) - Minister of Regional Industrial Expansion (1984–1990) - Minister of Forestry (1990–1995) - Minister of Industry, Science and Technology (1990–1995) - Minister responsible for Constitutional Affairs (1991–1993) - Minister of Multiculturalism and Citizenship (1991–1996) - Minister of Human Resources Development (1996–2003) - Deputy Prime Minister (1977–2006) See also Notes [1] Eugene Forsey said of this: "in Canada, the head of state can, in exceptional circumstances, protect Parliament and the people against a Prime Minister and Ministers who may forget that 'minister' means 'servant', and may try to make themselves masters. For example, the head of state could refuse to let a Cabinet dissolve a newly elected House of Commons before it could even meet, or could refuse to let Ministers bludgeon the people into submission by a continuous series of general elections,"¹⁵ and Larry Zolf commented: "The Governor General must take all steps necessary to thwart the will of a ruthless prime minister prematurely calling for the death of a Parliament."¹⁶ Examples of such actions took place during the viceregal service of the Viscount Byng of Vimy, John C. Bowen,¹⁷ and Frank Lindsay Bastedo.¹⁸ [2] Savoie offered the critique: "Cabinet has now joined Parliament as an institution being bypassed. Real political debate and decision-making are increasingly elsewhere—in federal-provincial meetings of first ministers, on Team Canada flights, where first ministers can hold informal meetings, in the Prime Minister's Office, in the Privy Council Office, in the Department of Finance, and in international organizations and international summits. There is no indication that the one person who holds all the cards, the prime minister, and the central agencies which enable him to bring effective political authority to the centre, are about to change things."³² References [1] MacLeod, Kevin S. (2008), A Crown of Maples (PDF) (1 ed.), Ottawa: Queen's Printer for Canada, p. 18, ISBN 978-0-662-46012-1, retrieved 21 June 2009 [2] Wrong, Humphrey Hume (10 November 1952), Department of Foreign Affairs and International Trade Canada, ed., "Relations With the United States", Documents on Canadian External Relations, Ottawa, 18-867, retrieved 18 May 2009 |contribution= ignored (help) [3] Victoria (29 March 1867), Constitution Act, 1867, III.9 & 11, Westminster: Queen's Printer, retrieved 15 January 2009 [4] Marleau, Robert; Montpetit, Camille (2000). House of Commons Procedure and Practice. Ottawa: Queen's Printer for Canada. ISBN 2-89461-378-4. 1. Parliamentary Institutions > Institutional Framework > The Executive. [5] MacLeod 2008, p. 17 [6] Elizabeth II (1 April 2005), Interpretation Act, 35.1, Ottawa: Queen's Printer for Canada, archived from the original on July 5, 2009, retrieved 7 August 2009 [7] Office of the Governor General of Canada. "Media > Fact Sheets > The Swearing-In of a New Ministry". Queen's Printer for Canada. Retrieved 18 May 2009. [8] The Royal Household. "The Queen and the Commonwealth > Queen and Canada". Queen's Printer. Retrieved 14 May 2009. [9] Privy Council Office. "Information Resources > About Cabinet". Queen's Printer for Canada. Retrieved 18 October 2009. [10] Privy Council Office (25 August 2009), The Canadian Ministry (PDF), Ottawa: Queen's Printer for Canada, retrieved 17 October 2009 [11] Office of the Prime Minister of Canada (30 October 2008), Cabinet Committee Mandates and Membership (PDF), Ottawa: Queen's Printer for Canada, retrieved 18 October 2009 [12] Library of Parliament. "Federal government > The ministry". Queen's Printer for Canada. Retrieved 18 October 2009. [13] Cox, Noel (September 2002). "Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence". Murdoch University Electronic Journal of Law. Perth: Murdoch University. 9 (3): 12. Retrieved 17 May 2009. [14] Neitsch, Alfred Thomas (2008). "A Tradition of Vigilance: The Role of Lieutenant Governor in Alberta" (PDF). Canadian Parliamentary Review. Ottawa: Commonwealth Parliamentary Association. 30 (4): 23. Archived from the original (PDF) on 12 February 2010. Retrieved 22 May 2009. [15] Forsey 2005, p. 26 [16] Zolf, Larry (June 28, 2002). "Boxing in a Prime Minister". CBC. Archived from the original on January 20, 2011. Retrieved May 11, 2013. [17] Speaker of the Legislative Assembly of Alberta. "The Citizen's Guide to the Alberta Legislature". Queen's Printer for Alberta. Archived from the original on March 16, 2007. Retrieved July 29, 2007. [18] Jackson, Michael (2006). "Bastedo, Frank Lindsay (1886–1973)". The Encyclopedia of Saskatchewan. University of Regina. Retrieved May 18, 2009. [19] Russell, Peter H., "Discretion and the Reserve Powers of the Crown" (PDF), Canadian Parliamentary Review, Commonwealth Parliamentary Association (Summer 2011): 19, retrieved January 17, 2013 [20] McWhinney, Edward (2005). The Governor General and the Prime Ministers. Vancouver: Ronsdale Press. pp. 16–17. ISBN 1-55380-031-1. [21] Library and Archives Canada. "Politics and Government > By Executive Decree > The Governor General". Queen's Printer for Canada. Retrieved May 18, 2009. [22] Dawson, R. MacGregor; Dawson, W.F. (1989). Democratic Government in Canada (5 ed.). Toronto, Buffalo, London: University of Toronto Press. pp. 68–69. ISBN 0-8020-6703-4. [23] Office of the Governor General of Canada. "Governor General of Canada: Role and Responsibilities of the Governor General". Queen's Printer for Canada. Retrieved May 18, 2009. [24] Tidridge, Nathan (2011). Canada's Constitutional Monarchy: An Introduction to Our Form of Government. Toronto: Dundurn Press. p. 57. ISBN 9781459700840. [25] Dawson, R. MacGregor; Dawson, W.F. (1989). Democratic Government in Canada (5 ed.). Toronto, Buffalo, London: University of Toronto Press. pp. 68–69. ISBN 9780802067036. [26] Forsey, Eugene (2005). How Canadians Govern Themselves (PDF) (6 ed.). Ottawa: Queen's Printer for Canada. pp. 4, 34. ISBN 0-662-39689-8. Archived from the original (PDF) on March 31, 2012. Retrieved May 14, 2009. [27] Forsey, Helen (October 1, 2010). "As David Johnson Enters Rideau Hall...". The Monitor. Ottawa: Canadian Centre for Policy Alternatives. Retrieved January 23, 2011. [28] Geddes, John (January 25, 2009). "Will the prorogation of Parliament set off a populist revolt?". Maclean's. Toronto: Kenneth Whyte. ISSN 0024-9262. Retrieved January 27, 2010. [29] Brooks 2007, p. 258 [30] Savoie, Donald (1999). Governing from the Centre: The Concentration of Power in Canadian Politics. Toronto: University of Toronto Press. p. 260. ISBN 978-0-8020-8252-7. [31] Savoie, Donald (May 12, 2010), "Who has the power?", The Globe and Mail, retrieved May 12, 2010 [32] Savoie 1999, p. 362 [33] Simpson, Jeffrey (2001). The Friendly Dictatorship. Toronto: McClelland & Stewart. p. 248. ISBN 978-0-7710-8079-1. [34] Coyne, Andrew (June 30, 2015). "Liberals' idea for gender quota in Cabinet leaves out the principle of merit". National Post. Post Media. Retrieved June 30, 2015. [35] Robson, John (2 November 2015). "Trudeau's menacing promise of electoral reform". National Post. Retrieved 5 November 2015. [36] Privy Council Office (4 November 2015). "Order in Council 2015-1225". Queen's Printer for Canada. Retrieved 7 November 2015. [37] Privy Council Office (4 November 2015). "Order in Council 2015-1226". Queen's Printer for Canada. Retrieved 7 November 2015. [38] Privy Council Office (4 November 2015). "Order in Council 2015-1227". Queen's Printer for Canada. Retrieved 7 November 2015. [39] Privy Council Office (4 November 2015). "Order in Council 2015-1228". Queen's Printer for Canada. Retrieved 7 November 2015. [40] Privy Council Office (4 November 2015). "Order in Council 2015-1229". Queen's Printer for Canada. Retrieved 7 November 2015. [41] http://laws-lois.justice.gc.ca/eng/acts/S-3/page-3.html [42] http://laws-lois.justice.gc.ca/eng/acts/M-8/FullText.html [43] Smith, Joanna (6 November 2015). "Five Canadian female ministers of state to be full ministers, get raise". Toronto Star. Retrieved 7 November 2015. [44] Parliament of Canada. "Current Ministry (Cabinet)". Queen's Printer for Canada. Retrieved 7 November 2015. External links - Reference to current cabinet ministers - Cabinet Minister responsibilities Prime Minister of Canada This article is about the position of Prime Minister of Canada. For individual Canadian prime ministers, see List of Prime Ministers of Canada. The Prime Minister of Canada (French: Premier ministre du Canada) is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or federal viceroy on the exercise of the executive powers vested in them by the constitution.¹ Not outlined in any constitutional document, the office exists only as per long-established convention (originating in Canada's former colonial power, the United Kingdom) that stipulates the monarch's representative, the governor general, must select as prime minister the person most likely to command the confidence of the elected House of Commons; this individual is typically the leader of the political party that holds the largest number of seats in that chamber.[n 1]² Canadian prime ministers are styled as The Right Honourable (French: Le Très Honorable), a privilege maintained for life. The current, and 23rd, Prime Minister of Canada is the Liberal Party's Justin Trudeau, who was appointed on November 4, 2015, by Governor General David Johnston, following the general election that took place that year. Origin of the office The position of prime minister is not outlined in any Canadian constitutional document and is mentioned only in passing in the Constitution Act, 1982,³ ⁴ and the Letters Patent, 1947 issued by King George VI.⁵ The office and its functions are instead governed by constitutional conventions and modelled on the same office in the United Kingdom. Qualifications and selection The prime minister, along with the other ministers in cabinet, is appointed by the governor general on behalf of the monarch.⁶ However, by the conventions of responsible government, designed to maintain administrative stability, the viceroy will call to form a government the individual most likely to receive the support, or confidence, of a majority of the directly elected members of the House of Commons;⁷ as a practical matter, this is often the leader of a party whose members form a majority, or a very large plurality, of Members of Parliament (MPs).⁸ There are no age or citizenship restrictions on the position of prime minister itself. While there is no legal requirement for the prime minister to be a member of parliament, for practical and political reasons the prime minister is expected to win a seat very promptly.⁹ However, in rare circumstances individuals who are not sitting members of the House of Commons have been appointed to the position of prime minister. Two former prime ministers—Sir John Joseph Caldwell Abbott and Sir Mackenzie Bowell—served in the 1890s while members of the Senate.¹⁰ Both, in their roles as Government Leader in the Senate, succeeded prime ministers who had died in office—John A. Macdonald in 1891 and John Sparrow David Thompson in 1894. That convention has since evolved toward the appointment of an interim leader from the commons in such a scenario. Prime ministers who are not Members of Parliament upon their appointment (or who lose their seats while in office) have since been expected to seek election to the commons as soon as possible. For example, William Lyon Mackenzie King, after losing his seat in the 1925 federal election (that his party won), briefly "governed from the hallway" before winning a by-election a few weeks later. Similarly, John Turner replaced Pierre Trudeau as leader of the Liberal Party in 1984 and subsequently was appointed prime minister while not holding a seat in the House of Commons; Turner won a riding in the next election but the Liberal Party was swept from power. Turner was the last serving prime minister to not hold a commons seat. Should a serving prime minister today lose his or her seat in the legislature, or should a new prime minister be appointed without holding a seat, the typical process that follows is that a junior member in the governing political party will resign to allow the prime minister to run in the resulting by-election.¹⁰ A safe seat is usually chosen; while the Liberal and Conservative parties traditionally observed a convention of not running a candidate against another party's new leader in the by-election, the New Democrats and smaller political parties typically do not follow the same convention. However, if the governing party selects a new leader shortly before an election is due, and that new leader is not a member of the legislature, he or she will normally await the upcoming election before running for a seat in parliament. In a poll conducted by Ipsos-Reid following the first prorogation of the 40th parliament on December 4, 2008, it was found that 51% of the sample group thought the prime minister was directly elected by Canadians.¹¹ ¹² Term of office The Canadian prime minister serves at Her Majesty's pleasure, meaning the post does not have a fixed term. Once appointed and sworn in by the governor general, the prime minister remains in office until he or she resigns, is dismissed, or dies.¹³ The lifespan of parliament is limited by the constitution to five years and, though the governor general may still, on the advice of the prime minister, dissolve parliament and issue the writs of election prior to the date mandated by the Canada Elections Act; the King–Byng Affair was the only time since Confederation that the viceroy deemed it necessary to refuse his prime minister's request for a general vote. Following parliamentary dissolution, the prime minister must run in the resulting general election if he or she wishes to maintain a seat in the House of Commons. Should the prime minister's party subsequently win a majority of seats in the House of Commons, it is unnecessary to re-appoint the prime minister or again swear him or her into office.¹³ If, however, an opposition party wins a majority of seats, the prime minister may resign or be dismissed by the governor general. Should the prime minister's party achieve a minority while an opposition party wins a plurality (i.e., more seats than any other party but less than a majority), the prime minister can attempt to maintain the confidence of the House by forming a coalition with other minority parties. This option was last entertained in 1925. Role and authority Further information: Queen's Privy Council for Canada Because the prime minister is, in practice, the most politically powerful member of the Canadian government, he or she is sometimes erroneously referred to as Canada's head of state,[n 2] when, in fact, that post is held by the Canadian monarch, represented by the governor general.¹⁴ The prime minister is, instead, the head of government and is responsible for advising the Crown on how to exercise the Royal Prerogative and its executive powers,² which are governed by the constitution and its conventions. However, the function of the prime minister has evolved with increasing power. Today, as per the doctrines of constitutional monarchy, the advice given by the prime minister is ordinarily binding, meaning the prime minister effectively carries out those duties ascribed to the sovereign and/or governor general, leaving the latter to act in predominantly ceremonial fashions.¹⁵ As such, the prime minister, supported by the Office of the Prime Minister (PMO), controls the appointments of many key figures in Canada's system of governance, including the governor general, the Cabinet, justices of the Supreme Court, senators, heads of crown corporations, ambassadors to foreign countries, the provincial lieutenant governors, and approximately 3,100 other positions. Further, the prime minister plays a prominent role in the legislative process—with the majority of bills put before parliament originating in the Cabinet—and the leadership of the Canadian Armed Forces. Pierre Trudeau is credited with, throughout his tenure as prime minister between 1968 and 1984, consolidating power in the PMO,¹⁶ which is itself filled by political and administrative staff selected at the prime minister's discretion and unaccountable to parliament. At the end of the 20th century and into the 21st, analysts—such as Jeffrey Simpson,¹⁷ Donald Savoie, Andrew Coyne,¹⁸ and John Gomery—argued that both parliament and the Cabinet had become eclipsed by prime ministerial power;[n 3]¹⁹ Savoie wrote: "The Canadian prime minister has little in the way of institutional check, at least inside government, to inhibit his ability to have his way."²⁰ Indeed, the position has been described as undergoing a "presidentialisation",¹⁶ ²¹ to the point that its incumbents publicly outshine the actual head of state;²² ²³ former governor general Adrienne Clarkson alluded to what she saw as "an unspoken rivalry" that had developed between the prime minister and the Crown.²⁴ It has been theorized that such is the case in Canada as its parliament is less influential on the executive than in other countries with Westminster parliamentary systems; particularly, Canada has fewer MPs, a higher turnover rate of MPs after each election, and an Americanised system for selecting political party leaders, leaving them accountable to the party membership rather than caucus, as is the case in the United Kingdom.²⁵ There do exist checks on the prime minister's power: the commons may revoke its confidence in an incumbent prime minister and Cabinet or caucus revolts can quickly bring down a serving premier and even mere threats of such action can persuade and/or compel a prime minister to resign his post, as happened with Jean Chrétien. The Reform Act, 2014,²⁶ codifies the process by which a caucus may trigger a party leadership review and, if necessary, chose an interim leader, thereby making a prime minister more accountable to the MPs in his or her party. Caucuses may choose to follow these rules, though the decision would be made by recorded vote, thereby subjecting the party's choice to public scrutiny.²⁷ The Senate may delay or impede legislation put forward by the Cabinet, such as when Brian Mulroney's bill creating the Goods and Services Tax (GST) came before the upper chamber and, given Canada's federal nature, the jurisdiction of the federal government is limited to areas prescribed by the constitution. Further, as executive power is constitutionally vested in the monarch, meaning the Royal Prerogative belongs to the Crown and not to any of its ministers,²⁸ ²⁹ ³⁰ the sovereign's supremacy over the prime minister in the constitutional order is thus seen as a "rebuff to the pretensions of the elected: As it has been said, when the Prime Minister bows before the Queen, he bows before us [the Canadian people]."³¹ ³² Either the sovereign or his or her viceroy may therefore oppose the prime minister's will in extreme, crisis situations.[n 4] Near the end of her time as governor general, Adrienne Clarkson stated: "My constitutional role has lain in what are called 'reserve powers': making sure that there is a prime minister and a government in place, and exercising the right 'to encourage, to advise, and to warn'[...] Without really revealing any secrets, I can tell you that I have done all three."³³ Privileges Two official residences are provided to the prime minister—24 Sussex Drive in Ottawa and Harrington Lake, a country retreat in Gatineau Park—as well an office in the Langevin Block, across from Parliament Hill.³⁴ For transportation, the prime minister is granted an armoured car and shared use of two official aircraft—a CC-150 Polaris for international flights and a Challenger 601 for domestic trips. The Royal Canadian Mounted Police also furnish constant personal security for the prime minister and his or her family. All of the aforementioned is supplied by the Queen-in-Council through budgets approved by parliament, as is the prime minister's annual salary of CAD$170,400.³⁵ (A prime minister additionally earns the normal salary of a Member of Parliament: $170,400.³⁶ ) Should a serving or former prime minister die, he or she is accorded a state funeral, wherein their casket lies in state in the Centre Block of Parliament Hill.³⁷ Only Bowell and the Viscount Bennett were given private funerals, Bennett also being the only former Prime Minister of Canada to die and be buried outside the country and Bowell the only whose funeral was not attended by politicians. John Thompson also died outside Canada, at Windsor Castle, where Queen Victoria permitted his lying-in-state before his body was returned to Canada for a state funeral in Halifax.³⁸ In earlier years, it was traditional for the monarch to bestow a knighthood on newly appointed Canadian prime ministers. Accordingly, several carried the prefix Sir before their name; of the first eight premiers of Canada, only Alexander Mackenzie refused the honour of a knighthood from Queen Victoria. Following the 1919 Nickle Resolution, however, it was against non-binding policy for the sovereign to grant such honorific titles to Canadians; the last prime minister to be knighted was Sir Robert Borden, who was premier at the time the Nickle Resolution was debated in the House of Commons. Still, Bennett was in 1941, six years after he stepped down as prime minister, elevated to the peerage by King George VI as Viscount Bennett, of Mickleham in the County of Surrey and of Calgary and Hopewell in the Dominion of Canada.³⁹ ⁴⁰ The Canadian Heraldic Authority (CHA) has granted former prime ministers an augmentation of honour on the personal coat of arms of those who pursued them. The heraldic badge, referred to by the CHA as the mark of the Prime Ministership of Canada,⁴¹ consists of four red maple leaves joined at the stem on a white field ("Argent four maple leaves conjoined in cross at the stem Gules"); the augmentation has, so far, been granted either as a canton sinister or centred in the chief.⁴¹ ⁴² ⁴³ ⁴⁴ ⁴⁵ To date, former prime ministers Joe Clark,⁴¹ Pierre Trudeau,⁴² John Turner,⁴³ Brian Mulroney,⁴⁴ and Kim Campbell were granted arms with the augmentation.⁴⁵ Style of address Canada continues the Westminster tradition of using the title Prime Minister when one is speaking to the federal head of government directly; this is in contrast to the United States protocol of addressing the federal head of government as mister (as in, Mister President); the Department of Canadian Heritage advises that it is incorrect to use the term Mr Prime Minister.⁴⁶ The written form of address for the prime minister should use his or her full parliamentary title: The Right Honourable [name], [post-nominal letters], Prime Minister of Canada. However, while in the House of Commons during Question Period, other members of parliament may address the prime minister as The Right Honourable, Member for [prime minister's riding] or simply The Right Honourable Prime Minister.⁴⁷ Former prime ministers retain the prefix The Right Honourable for the remainder of their lives; should they remain sitting MPs, they may be referred as The Right Honourable Member for [member's riding] or by their portfolio title (if appointed to one), as in The Right Honourable Minister of National Defence. In the decades following Confederation, it was common practice to refer to the prime minister as Premier of Canada,⁴⁸ ⁴⁹ ⁵⁰ a custom that continued until the First World War, around the time of Robert Borden's premiership.⁵¹ ⁵² ⁵³ While contemporary sources will still speak of early prime ministers of Canada as premier,⁵⁴ ⁵⁵ ⁵⁶ the modern practice is such that the federal head of government is known almost exclusively as the prime minister, while the provincial heads of government are termed premiers (save for within Quebec and New Brunswick, where the premiers are addressed in French as Premier ministre du [province], literally translated as Prime Minister of [province]). Activities post-commission After exiting office, former prime ministers of Canada have engaged in various pursuits. Some remained in politics: Bowell continued to serve as a senator, Stephen Harper returned to the House of Commons as a backbench Member of Parliament, and Bennett moved to the United Kingdom after being elevated to the House of Lords.⁵⁷ A number led Her Majesty's Loyal Opposition in the Canadian parliament: John A. Macdonald, Arthur Meighen, Mackenzie King,⁵⁸ and Pierre Trudeau, all before being re-appointed as prime minister (Mackenzie King twice); Alexander Mackenzie and John Diefenbaker, both prior to sitting as regular Members of Parliament until their deaths;⁵⁹ Wilfrid Laurier dying while still in the post;⁶⁰ and Charles Tupper,⁶¹ Louis St. Laurent,⁶² and John Turner, each before they returned to private business. Meighen was also appointed to the Senate following his second period as prime minister, but resigned his seat to seek re-election and moved to private enterprise after failing to win a riding.⁶³ Following Meighen into civilian life were: Robert Borden, who served as Chancellor of Queen's and McGill Universities, as well as working in the financial sector; Lester B. Pearson, who acted as Chancellor of Carleton University;⁶⁴ Joe Clark and Kim Campbell, who became university professors, Clark also consultant and Campbell working in international diplomacy and as the director of private companies and chairperson of interest groups; while Pierre Trudeau and Jean Chrétien returned to legal practice.⁶⁵ Former prime ministers also commonly penned autobiographies—Tupper,⁶¹ for example—or published their memoirs—such as Diefenbaker and Paul Martin.⁵⁹ See also - List of Prime Ministers of Canada - Historical rankings of Canadian prime ministers - List of Prime Ministers of Canada by time in office - Prime Ministers of Canada in popular culture - List of books about Prime Ministers of Canada - List of Prime Ministers of Queen Victoria - List of Prime Ministers of King Edward VII - List of Prime Ministers of King George V - List of Prime Ministers of King Edward VIII - List of Prime Ministers of King George VI - List of Prime Ministers of Queen Elizabeth II Notes [1] See majority and plurality. [2] A 2008 Ipsos-Reid poll found 42% of respondents thought the prime minister was head of state.¹¹ [3] See Note 2 at Cabinet of Canada. [4] See 'Responsibilities' and Note 1 at Cabinet of Canada. References [1] Brooks, Stephen (2007). Canadian Democracy: An Introduction (5 ed.). Don Mills: Oxford University Press. pp. 233–234. ISBN 978-0-19-543103-2. [2] Brooks 2007, p. 235 [3] Privy Council Office. "Intergovernmental Affairs > About Canada > The Canadian Constitution". Queen's Printer for Canada. Retrieved June 7, 2010. [4] Elizabeth II (March 29, 1867), Constitution Act, 1982, SchedB.37.1, Ottawa: Queen's Printer for Canada, retrieved June 7, 2010 [5] George VI (1947). Letters Patent Constituting the Office of Governor General of Canada. I. Ottawa: King's Printer for Canada (published October 1, 1947). Retrieved May 29, 2009. [6] Office of the Governor General of Canada. "Media > Fact Sheets > The Swearing-In of a New Ministry". Queen's Printer for Canada. Retrieved May 18, 2009. [7] Pothen, Phil (2009), Disinformation as a Back Door to 'Constitutional Revolution' in Canada, Toronto: Ontario Bar Association, retrieved September 13, 2010 [8] Forsey, Eugene (2005), How Canadians Govern Themselves (PDF) (6 ed.), Ottawa: Queen's Printer for Canada, pp. 3–4, ISBN 0-662-39689-8, retrieved December 9, 2009 [9] Forsey, Eugene (March 2012). "How Canadians Govern Themselves > The Prime Minister". Queen's Printer for Canada. Retrieved 26 November 2015. [10] Forsey 2005, p. 38 [11] In the Wake of Constitutional Crisis: New Survey Demonstrates that Canadians Lack Basic Understanding of Our Country's Parliamentary System (PDF), Toronto: Ipsos Reid, December 15, 2008, p. 1, retrieved May 18, 2010 [12] Smith, David E (June 10, 2010). "The Crown and the Constitution: Sustaining Democracy?". The Crown in Canada: Present Realities and Future Options. Queen's University. p. 6. Archived from the original (PDF) on June 17, 2010. Retrieved May 23, 2011. [13] Forsey 2005, p. 5 [14] Library and Archives Canada. "First Among Equals: The Prime Minister in Canadian Life and Politics > Alone at the Top > Head of State". Queen's Printer for Canada. Retrieved January 18, 2010. [15] Brooks 2007, pp. 233–235 [16] Geddes, John (January 25, 2009). "Will the prorogation of Parliament set off a populist revolt?". Maclean's. Toronto: Kenneth Whyte. ISSN 0024-9262. Retrieved January 27, 2010. [17] Simpson, Jeffrey (2001). The Friendly Dictatorship. Toronto: McClelland & Stewart. p. 248. ISBN 978-0-7710-8079-1. [18] Coyne, Andrew (June 30, 2015). "Liberals' idea for gender quota in Cabinet leaves out the principle of merit". National Post. Retrieved June 30, 2015. [19] Brooks 2007, p. 258 [20] Savoie, Donald (1999). Governing from the Centre: The Concentration of Power in Canadian Politics. Toronto: University of Toronto Press. p. 362. ISBN 978-0-8020-8252-7. [21] "Time to address democratic deficit", Toronto Star, January 27, 2010, retrieved January 27, 2010 [22] Jackson, Michael D. (2009). "The Senior Realms of the Queen" (PDF). Canadian Monarchist News. Autumn 2009 (30). Toronto: Monarchist League of Canada. p. 10. Archived from the original (PDF) on December 29, 2009. Retrieved January 17, 2010. [23] Blair, Louisa (2001). Venne, Michel, ed. Vive Quebec!: new thinking and new approaches to the Quebec nation. Toronto: James Lorimer & Company. p. 91. ISBN 978-1-55028-734-9. [24] Franks, C.E.S. (April 9, 2010), "Keep the Queen and choose another head of state", The Globe and Mail, retrieved January 23, 2011 [25] Foot, Richard (January 15, 2010), "Only in Canada: Harper's prorogation is a Canadian thing", National Post, retrieved January 16, 2010 [26] Parliament of Canada (June 23, 2015), Bill C-586, Queen's Printer for Canada, retrieved June 2, 2015 [27] Selley, Chris (May 28, 2015). "Thanks to the Senate, I've finally come around to liking the Reform Act". National Post. Retrieved June 2, 2015. [28] MacLeod, Kevin S. (2008), A Crown of Maples (PDF) (1 ed.), Ottawa: Queen's Printer for Canada, p. 16, ISBN 978-0-662-46012-1, retrieved June 21, 2009 [29] Cox, Noel (September 2002). "Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence". Murdoch University Electronic Journal of Law. Perth: Murdoch University. 9 (3): 12. Retrieved May 17, 2009. [30] Neitsch, Alfred Thomas (2008). "A Tradition of Vigilance: The Role of Lieutenant Governor in Alberta" (PDF). Canadian Parliamentary Review. Vol. 30 no. 4. Ottawa: Commonwealth Parliamentary Association. p. 23. Retrieved May 22, 2009. [31] Coyne, Andrew (November 13, 2009). "Defending the royals". Maclean's. Toronto: Rogers Communications. ISSN 0024-9262. Retrieved November 17, 2009. [32] Coyne, Andrew (April 10, 2002), "A lightning rod for patriotic love", National Post, retrieved May 22, 2006 [33] "GG reflects on mandate during farewell address". CTV. September 14, 2005. Retrieved August 8, 2007. [34] Privy Council Office. "Did You Know > The Langevin Block from Yesterday to Today". Queen's Printer for Canada. Retrieved January 17, 2010. [35] http://www.lop.parl.gc.ca/ParlInfo/lists/Salaries.aspx?Menu=HOC-Politic&Section=03d93c58-f843-49b3-9653-84275c23f3fb Missing or empty |title= (help) [36] http://www.lop.parl.gc.ca/ParlInfo/lists/Salaries.aspx?Menu=HOC-Politic&Section=03d93c58-f843-49b3-9653-84275c23f3fb. Missing or empty |title= (help) [37] State Funerals in Canada. "Frequently Asked Questions on State Funerals in Canada". Queen's Printer for Canada. Retrieved December 10, 2009. [38] Waite, P.B. (2000), "Thompson, Sir John Sparrow David", in English, John, Dictionary of Canadian Biography Online, XII, Ottawa: University of Toronto/Université Laval, 1891-1900, retrieved January 18, 2010 [39] Library of Parliament. "Federal Government > Prime Ministers of Canada > Biographical Informarion > BENNETT, The Right Hon. Richard Bedford, P.C., K.C., K.G.St.J., LL.B.". Queen's Printer for Canada. Retrieved December 10, 2009. [40] The London Gazette, July 22, 1941. [41] "Clark, Rt. Hon. Charles Joseph". Royal Heraldry Society of Canada. Retrieved May 27, 2011. [42] "Trudeau, Rt. Hon. Pierre Elliot". Royal Heraldry Society of Canada. Retrieved May 27, 2011. [43] "Turner, Rt. Hon. John Napier". Royal Heraldry Society of Canada. Retrieved May 27, 2011. [44] "Mulroney, Rt. Hon. Martin Brian". Royal Heraldry Society of Canada. Retrieved May 27, 2011. [45] "Campbell, Rt. Hon. Kim, PC". Royal Heraldry Society of Canada. Retrieved May 27, 2011. [46] Department of Canadian Heritage. "Styles of address". Queen's Printer for Canada. Retrieved 11 November 2015. [47] Department of Canadian Heritage. "Ceremonial and Canadian Symbols Promotion > Styles of address — Federal dignitaries". Queen's Printer for Canada. Retrieved January 24, 2010. [48] "Canada's Premier Talks; Attitude of the Dominion on the Seal Question", The New York Times, p. 9, March 12, 1893, retrieved January 25, 2010 [49] Grand Lodge of Canada (1884). Proceedings of the Grand Lodge of Ancient, Free, & Accepted Masons of Canada. Hamilton: Spectator Printing Co. p. 15. Retrieved January 25, 2010. [50] Hopkins, J. Castell (1901). "The Proposed Union of Canada with Newfoundland". The Canadian Annual Review of Public Affairs. Vol. 1902. Toronto: The Annual Review Publishing Company. pp. 449–453. Retrieved January 25, 2010. [51] "Premier Pledges Canada to Fight Until War is Won", The New York Times, p. 1, November 21, 1916, retrieved January 25, 2010 [52] "The Santa Fe magazine, Volume 9". The Santa Fe. 9. Santa Fe: Santa Fe Magazine. 1914. p. 44. ISSN 0036-4541. Retrieved January 25, 2010. [53] Freshfield, A. C. Haddon (May 1913). "The Distribution of Human and Animal Life in Western Arctic America". The Geographical Journal. Oxford: Blackwell Publishing. 41 (5): 459–460. doi:10.2307/1778163. ISSN 0016-7398. JSTOR 1778163. [54] "Sir John Sparrow David Thompson". Encyclopædia Britannica. Encyclopædia Britannica, Inc. 2010. Retrieved January 25, 2010. [55] Library and Archives Canada. "Politics and Government > Sir John A. Macdonald > The Opponents". Queen's Printer for Canada. Retrieved January 25, 2010. [56] Royal Commission on the Ancient and Historical Monuments of Scotland. "John Alexander MacDonald". Queen's Printer. Retrieved January 25, 2010. [57] Waite, P.B. (2000), "Bennett, Richard Bedford, 1st Viscount Bennett", in English, John, Dictionary of Canadian Biography Online, XVII, Ottawa: University of Toronto/Université Laval, 1941-1950, retrieved January 18, 2010 [58] Neatby, H. Blair (2000), "King, William Lyon Mackenzie", in English, John, Dictionary of Canadian Biography Online, XVII, Ottawa: University of Toronto/Université Laval, 1941-1950, retrieved January 18, 2010 [59] Smith, Dennis (2000), "Diefenbaker, John George", in English, John, Dictionary of Canadian Biography Online, XX, Ottawa: University of Toronto/Université Laval, 1971-1980, retrieved January 18, 2010 [60] Bélanger, Réal (2000), "Laurier, Sir Wilfrid", in English, John, Dictionary of Canadian Biography Online, XIV, Ottawa: University of Toronto/Université Laval, 1911-1920, retrieved January 18, 2010 [61] Buckner, Phillip (2000), "Tupper, Sir Charles", in English, John, Dictionary of Canadian Biography Online, XIV, Ottawa: University of Toronto/Université Laval, 1911-1920, retrieved January 18, 2010 [62] Bothwell, Robert (2000), "St. Laurent, Louis", in English, John, Dictionary of Canadian Biography Online, XX, Ottawa: University of Toronto/Université Laval, 1971-1980, retrieved January 18, 2010 [63] Glassford, Larry A. (2000), "Meighen, Arthur", in English, John, Dictionary of Canadian Biography Online, XVII, Ottawa: University of Toronto/Université Laval, 1951-1960, retrieved January 18, 2010 [64] English, John (2000), "Pearson, Lester Bowles", in English, John, Dictionary of Canadian Biography Online, XX, Ottawa: University of Toronto/Université Laval, 1971-1980, retrieved January 18, 2010 [65] English, John (2000), "Trudeau, Pierre Elliott", in English, John, Dictionary of Canadian Biography Online, Volume XXII, Ottawa: University of Toronto/Université Laval, 1991-2000, retrieved January 18, 2010 External links - Official government Web site of the Office of the Prime Minister - Prime Minister of Canada on YouTube - Library of Parliament of Canada - Canada's Best Prime Ministers: 2011 Maclean's article Lieutenant governor (Canada) In Canada, a lieutenant governor (/lɛfˈtɛnənt/; French [masculine]: lieutenant-gouverneur, or [feminine]: lieutenant-gouverneure) is the viceregal representative in a provincial jurisdiction of the Canadian monarch and head of state, Queen Elizabeth II, who resides predominantly in her oldest realm, the United Kingdom. On the advice of his or her prime minister, the Governor General of Canada appoints the lieutenant governors to carry out most of the monarch's constitutional and ceremonial duties for an unfixed period of time¹ —known as serving at His Excellency's pleasure—though five years is the normal convention. Similar positions in Canada's three territories are termed Commissioners and are representatives of the federal government, however, not the monarch directly. The offices have their roots in the 16th and 17th century colonial governors of New France and British North America, though the present incarnations of the positions emerged with Canadian Confederation and the British North America Act in 1867, which defined the viceregal offices as the "Lieutenant Governor of the Province acting by and with the Advice the Executive Council thereof."² However, the posts still ultimately represented the government of Canada (that is, the Governor-General-in-Council) until the ruling in 1882 of the Lord Watson of the Judicial Committee of the Privy Council in the case of Maritime Bank v. Receiver-General of New Brunswick,³ whereafter the lieutenant governors were recognized as the direct representatives of the monarch.⁴ ⁵ ⁶ Per the Constitution Act, 1982, any constitutional amendment that affects the Crown, including the Offices of the lieutenant governors, requires the unanimous consent of each provincial legislature as well as the federal parliament. Spelling In the Canadian context, there are numerous, and not mutually agreeable, notions regarding hyphenation and capitalization of the position title. Various acts in the Canadian constitution and numerous provincial websites typically indicate Lieutenant Governor of [Province] (upper case and no hyphen), likely due to the primacy of those positions in their respective jurisdictions. However, The Canadian Style indicates Lieutenant-Governor (upper case with hyphen),⁷ though lieutenant-governors (lower case and hyphenated) when pluralized.⁸ The Guide to Canadian English Usage equivocates somewhat, indicating upper case only when used in and associated with a specific provincial lieutenant governor or name (e.g., Lieutenant-Governor Lincoln Alexander), not generally, and varied use.⁹ In French, the term is always hyphenated. Also, as governor is the main noun in the title, it is the word that is pluralized; thus, it is lieutenant governors, rather than lieutenants governor. Selection and appointment Unlike the federal viceroy, the Canadian lieutenant governors have been since 1867, if not Canadian-born, at least long-time residents of Canada and not of the peerage, though a number, up until the Nickle Resolution in 1919, were knighted. While required by the tenets of constitutional monarchy to be nonpartisan during their time in office, lieutenant governors have frequently been former politicians and some have returned to politics following their viceregal service. Canadian lieutenant governorships have also been used to promote women and minorities into a prominent position:¹⁰ The first female viceroy in Canada was Pauline Mills McGibbon, Lieutenant Governor of Ontario from 1974 to 1980, and many women have since served in both that province and others. There have been two Black (Lincoln Alexander and Mayann E. Francis) and several Aboriginal lieutenant governors. Norman Kwong, Lieutenant Governor of Alberta from 2005 to 2010, was Chinese-Canadian and David Lam, the Lieutenant Governor of British Columbia from 1988 to 1995, was Hong Kong-Canadian. Former Lieutenant Governor of Quebec Lise Thibault used a wheelchair, while David Onley, the former Lieutenant Governor of Ontario, had polio as a child and used crutches or a scooter. The lieutenant governors are appointed by the Governor General of Canada on the advice of his or her prime minister, usually in consultation with the relevant premier,¹¹ ¹² ¹³ and the governor general gives the viceroyal sign-manual and affixes the Great Seal of Canada to the commission.¹⁴ In 2012, the Advisory Committee on Vice-Regal Appointments was established to create a non-binding shortlist of candidates to be presented to the prime minister when the appointment of a lieutenant governor is upcoming. Besides the administration of the oaths of office, there is no set formula for the swearing-in of a lieutenant governor-designate. Though there may therefore be variations to the following, the appointee will generally travel to the legislative assembly building in the provincial capital, where a guard of honour awaits to give a general salute. From there, the party is led by the speaker of the legislative assembly to the legislative chamber, wherein all justices of the province's superior court, members of the legislative assembly, and other guests are assembled. The governor general's commission for the lieutenant governor-designate is then read aloud, and the required oaths are administered to the appointee by either the governor general or a delegate thereof; the three oaths are: the Oath of Allegiance, the Oath of Office as lieutenant governor, and the oath as keeper of the province's great seal.¹⁵ With the affixing of their signature to these three solemn promises, the individual is officially the lieutenant governor, and at that moment the Viceregal Salute is played and a 15-gun salute is conducted outside.¹⁶ The lieutenant governor then receives the insignia of the province's order or orders. Since the appointment in 1956 of John J. Bowlen as Lieutenant Governor of Alberta, newly installed lieutenant governors will, at some point in the first year of their mandate, be invited to a personal audience with the monarch.¹⁷ Though incumbents are constitutionally mandated to serve for at least five years, unless the federal parliament agrees to remove the individual from office,¹⁸ the lieutenant governors still technically act at the governor general's pleasure,¹⁹ meaning the prime minister may recommend to the governor general that the viceroy remain in the Crown's service for a longer period of time, sometimes upwards of more than ten years.[n 1] A lieutenant governor may also resign[n 2] and some have died in office.[n 3] In such a circumstance, the governor general can appoint an administrator to exercise the functions of the lieutenant governor until a suitable replacement is found;²⁰ in some provinces, the associated chief justice has a standing appointment as the provincial administrator.²¹ ²² ²³ Role Further information: Monarchy in the Canadian provinces § Federal and provincial aspects, and Canadian federalism As the Canadian monarch is shared equally amongst the ten provinces of Canada, as well as the federal realm, and the sovereign lives predominantly outside Canada's borders, a lieutenant governors' primary task is to perform the sovereign's constitutional duties on his or her behalf, acting within the principles of parliamentary democracy and responsible government as a guarantor of continuous and stable governance, and as a nonpartisan safeguard against the abuse of power.²⁴ ²⁵ The office is the core of authority in a province.²⁶ For the most part, however, the powers of the Crown are exercised on a day-to-day basis by elected and appointed individuals, leaving the lieutenant governors to perform the various ceremonial duties the sovereign otherwise carries out when in the country; at such a moment, a lieutenant governor will decrease his or her public appearances, though the presence of the monarch does not undermine any lieutenant governor's ability to perform governmental roles.²⁷ Constitutional role Main article: Monarchy in the Canadian provinces § Constitutional role Though the monarch retains all executive, legislative, and judicial power in and over Canada,²⁸ ²⁹ the lieutenant governors are permitted to exercise most of this, including the Royal Prerogative, in the sovereign's name, as laid out in various acts in the constitution, though most revolve around the original clauses in section V of the Constitution Act, 1867.³⁰ While they continue to be appointed by the governor general, the lieutenant governors are considered to be direct representatives of the sovereign. In a province, it is thus the lieutenant governor who is required to appoint persons to the executive council (or cabinet) and convention dictates that the lieutenant governor must further draw from them an individual to act as premier³¹ —in almost all cases the member of the legislative assembly who commands the confidence of the legislature. This group of ministers of the Crown is theoretically tasked with tendering to the viceroy guidance on the exercise of the Royal Prerogative, an arrangement called the Queen-in-Council or,²⁹ more specifically, the Governor-in-Council, in which capacity the lieutenant governor will issue royal proclamations and sign orders in council. The Governor-in-Council of both Nova Scotia and New Brunswick are also specifically tasked to appoint in the Queen's name the judges of the courts of probate.³² The advice given by the cabinet is, in order to ensure the stability of government, typically binding; the viceroy, however, may in exceptional circumstances invoke the reserve powers, which remain the Crown's final check against a ministry's abuse of power.[n 4]³³ ³⁴ ³⁵ ³⁶ ³⁷ ³⁸ The lieutenant governor alone is also constitutionally mandated to summon the legislature.⁴⁰ Beyond that, the viceroy carries out the other conventional parliamentary duties in the sovereign's stead, including reading the Speech From the Throne and proroguing and dissolving parliament. The lieutenant governor also grants Royal Assent in the Queen's name; legally, he or she has three options: grant Royal Assent (making the bill law), withhold Royal Assent (vetoing the bill), or reserve the bill for the signification of the governor general's pleasure.⁴¹ If the governor general withholds the Queen's assent, the sovereign may within two years disallow the bill, thereby annulling the law in question. R. MacGregor Dawson opined that, following Confederation, the lieutenant governors diverged from the governor general in that they continued to demonstrate a power independent of the Cabinet and parliament; lieutenant governors had variously dismissed governments, refused the advice of ministers, and insisted on the creation of royal commissions. Altogether, lieutenant governors had also withheld Royal Assent to bills 28 times and reserved bills for the consideration of the governor general 71 times. The last example of the former was, however, in 1945 and the latter in 1961.[n 5]³⁹ ⁴⁴ Relations between lieutenant governor and Cabinet have also at times been strained by ministers' unwillingness to openly acknowledge the authority of a federal appointee, often recommended by a federal prime minister who adhered to different political beliefs.³⁹ Ceremonial role Further information: Monarchy in the Canadian provinces § Cultural role With most constitutional functions lent to cabinet, a lieutenant governor acts in a primarily ceremonial fashion, carrying out some of the ritual duties normally associated with heads of state and thus symbolizing the sovereignty of the provinces within confederation.⁴⁵ The provincial viceroys have been said to be, outside of Quebec, "a focus of community ideals and a reinforcement of provincial identity."⁴⁶ He or she will host members of the Canadian Royal Family, as well as foreign royalty and heads of state, and is also tasked with fostering national unity and pride. One way in which this is carried out is travelling the province and meeting with residents from all regions and ethnic groups, some of whom a lieutenant governor will induct into the province's orders and present to others medals and decorations. This travel takes place mostly within a lieutenant governor's province, the viceroys rarely performing state duties anywhere else in Canada, and never internationally, unless it is on behalf of the monarch in a federal capacity;[n 6] it has been argued that the provincial representatives of the Queen should start to undertake trips to represent their province abroad.¹² In the exercise of these duties, the lieutenant governors may sometimes receive advice from the Department of Canadian Heritage Ceremonial and Canadian Symbols Promotion Program.⁴⁸ During a provincial election, a lieutenant governor will curtail these public duties, so as not to appear as though they are involving themselves in political affairs. The viceroys themselves also offer awards, such as the Lieutenant Governor's Award for Outstanding Service to Rural Saskatchewan, the Lieutenant Governor's Nova Scotia Talent Trust Award, and the Lieutenant Governor's Award for Excellence in Architecture, awarded in New Brunswick, and the Heritage Canada Foundation also presents the Lieutenant Governor's Award,⁴⁹ presented to an individual or group who has achieved an outstanding result in heritage conservation in the province in which the Heritage Canada Foundation's annual conference is held. Further, the lieutenant governors (as well as the territorial commissioners) present the Vice-Regal and Commissioners' Commendation to individuals who offer their service—paid or volunteer—to the viceregal offices.⁵⁰ It was originally intended to be a distinction in place of appointment to the Royal Victorian Order, regularly granted to those who aided the monarch or governor general with distinction, but nominees from the lieutenant governors were frequently overlooked by staff at Rideau Hall.⁵¹ However, after 1984, suggestions from the lieutenant governors' offices for membership in the Royal Victorian Order were more readily accepted and the Vice-Regal and Commissioners' Commendation became an award for one or more commendable acts benefiting the viceroy.⁵² Symbols and protocol As the personal representative of the monarch, a lieutenant governor follows only the sovereign in the province's order of precedence, preceding even other members of the Royal Family. Though the federal viceroy is considered Primus inter pares amongst his or her provincial counterparts, the governor general also takes a lower rank to the lieutenant governors in the provincial spheres; at federal functions, however, the governor general, as the Queen's representative in the country, precedes the lieutenant governors.⁵³ An incumbent lieutenant governor is also entitled to the use of the style His or Her Honour,⁵⁴ ⁵⁵ and is granted the additional honorific of The Honourable for their time in office and for life afterwards.⁵⁶ ⁵⁷ ⁵⁸ Per the orders' constitutions, the lieutenant governors, except for that of Quebec, serve as the chancellor of their province's order. They also upon installation automatically become a Knight or Dame of Justice and a Vice-Prior in Canada of the Most Venerable Order of the Hospital of Saint John of Jerusalem.⁵⁹ All of these honours are retained following an incumbent's departure from office, with the individual remaining in the highest category of the order, and they may also be further distinguished with induction into other orders or the receipt of other awards. The Viceregal Salute—composed of the first six bars of the Royal Anthem ("God Save the Queen") followed by the first and last four bars of the national anthem ("O Canada")—is the salute used to greet a lieutenant governor upon arrival at, and mark his or her departure from most official events.⁶⁰ To mark a viceroy's presence at any building, ship, airplane, or car in Canada, the relevant lieutenant governor's flag is employed. Excepting those of Quebec and Nova Scotia, the present form of most provincial viceroyal flags was adopted in 1980 and consists of a blue field bearing the shield of the province's coat of arms surrounded by ten gold maple leaves⁵³ —each symbolizing one province—surmounted by a St. Edward's Crown. In a provincial jurisdiction, the lieutenant governor's flag takes precedence over all other flags, save the Queen's personal Canadian standard,⁶¹ and is also, along with all flags on Canadian Forces property, flown at half-mast upon the death of an incumbent or former lieutenant governor.⁶² History The position of lieutenant governor has existed in Canada since before the country's confederation. In 1786, the post of Governor-in-Chief of British North America was created as a central viceregal office overseeing the British colonies of Prince Edward Island, Nova Scotia, New Brunswick, and the Province of Quebec, whose governors then became lieutenant governors, though that of Quebec was occupied simultaneously by the governor-in-chief. This structure remained in place until the partitioning in 1791 of the Province of Quebec into Upper and Lower Canada, which then each had an office of lieutenant governor, though both posts were occupied by the incumbent Governor General of the Province of Canada. In 1867, confederation created a new entity of four provinces, each with their respective viceregal posts; as per the British North America Act passed that year, the stations of Lieutenant Governor of Nova Scotia and Lieutenant Governor of New Brunswick continued essentially as before,⁶³ while those of Lieutenant Governor of Ontario and Lieutenant Governor of Quebec were created to replace the viceregal offices of Canada East and Canada West.³¹ Thereafter, when other colonies joined this grouping of provinces, their governors became lieutenant governors,[n 7] while the creation of new provinces out of Rupert's Land and the Northwest Territories—which each had their own lieutenant governors⁶⁷ —led to the establishment of new viceregal posts.[n 8] Beginning immediately after confederation, the Dominion government and the Colonial Office in London considered the lieutenant governors as representatives of, and subordinate to, the governor general in Ottawa, reflecting the view of John A. Macdonald and the Earl of Derby, who set up the Constitution Act, 1867, so as to have the lieutenant governors appointed by the governor general, and who expected that Royal Assent would be given in the name of the governor general, rather than the Queen.⁷¹ A ruling by the Judicial Committee of the Privy Council in 1882, however, altered this view,³ establishing that the lieutenant governors represented the Queen in the provinces as much as the governor general did in the federal jurisdiction.⁴ ⁶ ⁷² Current lieutenant governors See also - Commissioner § Canadian territories - Governors of the Australian states - Lieutenant governor (United States) Notes [1] Robert Brett acted as Lieutenant Governor of Alberta between 1915 and 1925 and Lise Thibault served as Lieutenant Governor of Quebec from 1997 to 2007. [2] Lieutenant Governor of Quebec Jean-Louis Roux resigned the viceregal post in 1997 due to controversy. [3] For example, Lieutenant Governor of Alberta Lois Hole died of cancer on 6 January 2005, and Lieutenant Governors of Nova Scotia Frank Stanfield and David MacKeen died on 25 September 1931 and 13 November 1916, respectively. Further, Lieutenant Governor of Quebec Paul Comtois died in the fire that destroyed the province's viceregal residence on 21 February 1966. [4] See Note 1 at Queen's Privy Council for Canada. [5] Lieutenant Governor of Alberta John C. Bowen in 1937 refused to grant Royal Assent to three bills passed by William Aberhart's Social Credit government on the grounds that they were unconstitutional,⁴² and Lieutenant Governor of Saskatchewan Frank Lindsay Bastedo in 1961 reserved Royal Assent to the Mineral Contracts Alteration Act, passing it on, instead, to the Governor General for consideration.⁴³ [6] For example, Lieutenant Governor of Ontario David Onley represented the Queen and Canada at the 2008 Summer Paralympics opening ceremony in Beijing, China.⁴⁷ [7] The Governor of the United Colonies of Vancouver Island and British Columbia became in 1871, through an Order in Council by Queen Victoria, the Lieutenant Governor of British Columbia;⁶⁴ the Governors of Prince Edward Island became in 1873, by Order in Council of the Queen, the Lieutenant Governor of Prince Edward Island;⁶⁵ and the Commission Governor of Newfoundland became in 1949, through the Newfoundland Act, the Lieutenant Governor of Newfoundland.⁶⁶ [8] The office of the Lieutenant Governor of Manitoba was created in 1870 by the Manitoba Act,⁶⁸ the office of the Lieutenant Governor of Alberta was created in 1905 by the Alberta Act,⁶⁹ and the office of the Lieutenant Governor of Saskatchewan was created in 1905 by the Saskatchewan Act.⁷⁰ References [1] Victoria (29 March 1867). "Constitution Act, 1867". V.58. Westminster: Queen's Printer. Retrieved 15 January 2009. [2] Victoria 1867, V.66 [3] Saywell, John T. (1957). The Office of Lieutenant Governor: A Study in Canadian Government and Politics. Toronto: University of Toronto Press. pp. 13–14. [4] Kenney, Jason (23 April 2007). "Talking Points for The Honourable Jason Kenney". Queen's Printer for Canada. Retrieved 14 May 2009. [5] Smith, David E. (1995). The Invisible Crown. Toronto: University of Toronto Press. p. 8. ISBN 0-8020-7793-5. [6] Watson, William (1892). "Maritime Bank v. Receiver-General of New Brunswick". Written at London. In Jackson, Michael. Golden Jubilee and Provincial Crown (PDF). Canadian Monarchist News. 7. Toronto: Monarchist League of Canada (published 2003). p. 6. Retrieved 11 June 2009. [7] Public Works and Government Services Canada (1997). The Canadian Style. Hamilton: Dundern Press. p. 46. ISBN 978-1-55002-276-6. [8] Public Works and Government Services Canada 1997, p. 70 [9] Fee, Margery; McAlpine, Janice (3 April 2007). Guide to Canadian English Usage. New York: Oxford University Press. p. 244. ISBN 978-0-19-542602-1. [10] MacLeod, Kevin S. (2008), A Crown of Maples (PDF) (1 ed.), Ottawa: Queen's Printer for Canada, p. 16, ISBN 978-0-662-46012-1 [11] McCullough, John (23 April 2004). "Interview with Lieutenant Governor Iona Campagnolo". J.J. McCullough. Retrieved 12 June 2009. [12] Jackson, Michael D. (2009). "The Senior Realms of the Queen" (PDF). Canadian Monarchist News. Toronto: Monarchist League of Canada. Autumn 2009 (30): 9. Archived from the original (PDF) on December 29, 2009. Retrieved 17 January 2010. [13] Aird, John (1985), Loyalty in a changing world (PDF), Toronto: Queen's Printer for Ontario, p. 2, ISBN 0-7729-0213-5 [14] Victoria 1867, V.58 [15] Victoria 1867, V.61 [16] Munro, Kenneth (2005). The Maple Crown in Alberta: The Office of Lieutenant Governor. Victoria: Trafford Publishing. p. iii. ISBN 1-4120-5317-X. [17] Munro, Kenneth (2005). The Maple Crown in Alberta: The Office of Lieutenant Governor. Victoria: Trafford. ISBN 978-1-4120-5317-4. [18] Victoria 1867, V.59 [19] Canada Gazette. Extra 139 (8). 27 September 2005. p. 1. Retrieved 2 June 2009. Missing or empty |title= (help); |contribution= ignored (help) [20] Victoria 1867, V.67 [21] Office of the Lieutenant Governor of Ontario. "Protocol and Ceremony > Administrator". Queen's Printer for Ontario. Retrieved 17 June 2009. [22] Office of the Lieutenant Governor of Quebec. "Roles and Functions > Administrator of the Government". Éditeur officiel du Québec. Retrieved 19 June 2009. [23] Legislative Assembly of Alberta. "Public Information > Lieutenant Governors > The Office of Lieutenant Governor". Queen's Printer for Alberta. Retrieved 23 June 2009. [24] Roberts, Edward (2009). "Ensuring Constitutional Wisdom During Unconventional Times" (PDF). Canadian Parliamentary Review. Ottawa: Commonwealth Parliamentary Association. 23 (1): 15. Retrieved 21 May 2009. [25] MacLeod, Kevin S. (2008). A Crown of Maples (PDF) (1 ed.). Ottawa: Queen's Printer for Canada. pp. 16, 20. ISBN 978-0-662-46012-1. [26] Webber, Jeremy (1997). "The Legality of a Unilateral Declaration of Independence under Canadian Law" (PDF). The McGill Law Journal. Montreal: McGill University. 42 (2): 288. Retrieved 3 March 2011. [27] Department of National Defence (1 April 1999). "The Honours, Flags and Heritage Structure of the Canadian Forces" (PDF). Ottawa: Queen's Printer for Canada: 1A–3. A-AD-200-000/AG-000. Retrieved 23 May 2009. [28] Victoria 1867, III.9, IV.17 [29] MacLeod 2008, p. 17 [30] Victoria 1867, V [31] Victoria 1867, V.63 [32] Victoria 1867, VII.96 [33] McWhinney, Edward (2005). The Governor General and the Prime Ministers. Vancouver: Ronsdale Press. pp. 16–17. ISBN 1-55380-031-1. [34] Cox, Noel (September 2002). "Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence". Murdoch University Electronic Journal of Law. Perth: Murdoch University. 9 (3): 12. Retrieved 17 May 2009. [35] Dawson, R. MacGregor; Dawson, W.F. (1989). Democratic Government in Canada (5 ed.). Toronto, Buffalo, London: University of Toronto Press. pp. 68–69. ISBN 0-8020-6703-4. [36] Forsey, Eugene (2005). How Canadians Govern Themselves (PDF) (6 ed.). Ottawa: Queen's Printer for Canada. pp. 4, 34. ISBN 0-662-39689-8. Retrieved 14 May 2009. [37] Library and Archives Canada. "Politics and Government > By Executive Decree > The Governor General". Queen's Printer for Canada. Retrieved 18 May 2009. [38] Office of the Governor General of Canada. "Governor General of Canada: Role and Responsibilities of the Governor General". Queen's Printer for Canada. Retrieved 18 May 2009. [39] Boyce, Peter John (2008). The Queen's Other Realms: The Crown and Its Legacy in Australia, Canada and New Zealand. Sydney: Federation Press. p. 102. ISBN 9781862877009. [40] Victoria 1867, V.1.82 [41] Victoria 1867, IV.55 [42] Speaker of the Legislative Assembly of Alberta, The Citizen's Guide to the Alberta Legislature (PDF), Queen's Printer for Alberta, p. 7, retrieved 29 July 2007 [43] Jackson, Michael (2006). "Bastedo, Frank Lindsay (1886–1973)". The Encyclopedia of Saskatchewan. University of Regina. Retrieved 18 May 2009. [44] Diefenbaker, John G. (1976). One Canada: The Years of Achievement, 1957–1962. II. Toronto: Macmillan of Canada. p. 56. ISBN 978-0-333-23516-4. [45] Department of Canadian Heritage (2008), Canada: Symbols of Canada, Ottawa: Queen's Printer for Canada, p. 4, archived from the original on January 11, 2014 [46] Boyce, Peter (2008). The Queen's Other Realms: The Crown and its Legacy in Australia, Canada and New Zealand. Sydney: Federation Press. p. 100. ISBN 978-1-86287-700-9. [47] "Statement by the Prime Minister of Canada" (Press release). Queen's Printer for Canada. 26 August 2008. Retrieved 8 March 2010. [48] Department of Canadian Heritage (31 March 1998). "Performance Report" (PDF). Queen's Printer for Canada. Retrieved 14 August 2006. [49] "Heritage Services > Awards > Lieutenant Governor's Award for Outstanding Achievement in Heritage Conservation at the Provincial/Territorial Level". Heritage Canada Foundation. Retrieved 15 June 2009. [50] Office of the Lieutenant Governor of Nova Scotia. "Government House > Vice-Regal and Commissioners' Commendation". Queen's Printer for Nova Scotia. Retrieved 1 November 2012. [51] McCreery, Christopher (2008), On Her Majesty's Service: Royal Honours and Recognition in Canada, Toronto: Dundurn, p. 46, ISBN 9781459712249, retrieved 11 November 2015 [52] McCreery 2008, p. 47 [53] Department of Canadian Heritage. "Ceremonial and Canadian Symbols Promotion > Across Canada > Standards". Queen's Printer for Canada. Retrieved 19 June 2009. [54] Department of National Defence 1999, pp. 11–2 [55] MacLeod 2008, p. 37 [56] "Titles". Canadian Heritage. Government of Canada. Retrieved 28 February 2016. [57] "lieutenant-governor, Lt.-Gov., His/Her Honour, Honourable". Public Works and Government Services Canada. Government of Canada. Retrieved 28 February 2016. [58] "Table of Titles to be used in Canada". Government of Canada. Government of Canada. Retrieved 28 February 2016. [59] "Canada Wide > About Us > The Order of St. John > The Order of St. John in Canada". St. John Ambulance Canada. Retrieved 2 June 2009. [60] Department of Canadian Heritage. "Ceremonial and Canadian Symbols Promotion > Honours and salutes > Musical salute". Queen's Printer for Canada. Retrieved 3 June 2009. [61] Department of National Defence 1999, p. 14-2-2 [62] Department of National Defence 1999, p. 4-2-6 [63] Victoria 1867, V.64 [64] Victoria (16 May 1871). "British Columbia Terms of Union". 10. Westminster: Queen's Printer. Retrieved 16 June 2009. [65] Victoria (26 June 1873). "Prince Edward Island Terms of Union". Schedule. Westminster: Queen's Printer. Retrieved 16 June 2009. [66] George VI (23 March 1949). "Newfoundland Act". 8.1. Ottawa: King's Printer for Canada. Retrieved 16 June 2009. [67] Legislative Assembly of Alberta. "Public Information > Lieutenant Governors > The Lieutenant Governor of the Northwest Territories". Queen's Printer for Alberta. Retrieved 23 June 2009. [68] Victoria (12 May 1870). "Manitoba Act, 1870". 6. Westminster: Queen's Printer. Retrieved 16 June 2009. [69] Edward VII (20 July 1905). "Alberta Act". 10. Westminster: King's Printer. Retrieved 16 June 2009. [70] Edward VII (20 July 1905). "Saskatchewan Act". 10. Westminster: King's Printer. Retrieved 16 June 2009. [71] Jackson, Michael D. (2003). "Golden Jubilee and Provincial Crown" (PDF). Canadian Monarchist News. Toronto: Monarchist League of Canada. 7 (3): 6. Archived from the original (PDF) on July 8, 2009. Retrieved 11 June 2009. [72] Donovan, David (2009), The Governor General and Lieutenant Governors: Canada's Misunderstood Viceroys (PDF), Canadian Political Science Association, p. 3, retrieved 29 January 2013 Executive Council (Canada) This article is about the constitutional organ in Canada. For other uses, see Executive Council (disambiguation). Executive councils in the provinces and territories of Canada are constitutional organs headed by the lieutenant governor and composed of the ministers in office. A Council's informal but functioning form is the Cabinet, headed by a provincial premier, who holds de facto power over the body. The Executive Council in Canadian provinces is composed only of ministers in office, and is the official body by which the Cabinet's constitutional advice is given to the lieutenant governor. That is, it serves the same function provincially as the Queen's Privy Council for Canada does federally except that the Executive Council does not have the ceremonial role of directly advising the Queen, proclaiming her successors, or assenting to some royal marriages. These are the: - : Executive Council of Alberta - : Executive Council of British Columbia - : Executive Council of Manitoba - : Executive Council of Newfoundland and Labrador - : Executive Council of New Brunswick - : Executive Council of Quebec - : Executive Council of Nova Scotia - : Executive Council of Ontario - : Executive Council of Prince Edward Island - : Executive Council of Saskatchewan Canadian territories also have councils. These are the: - : Executive Council of Yukon - : Executive Council of the Northwest Territories - : Executive Council of Nunavut The executive branch of the Canadian federal government is not called an executive council. Executive power is exercised by the Canadian Cabinet who are always members of the Queen's Privy Council for Canada. Premier (Canada) In Canada, a premier is the head of government of a province or territory. Though the word is merely a synonym for prime minister, it is employed for provincial prime ministers to differentiate them from the Prime Minister of Canada. There are currently 10 provincial premiers and three territorial premiers. These persons are styled The Honourable only while in office,¹ unless they are admitted to the Queen's Privy Council for Canada, in which case they retain the title even after leaving the premiership. The prime minister - premier distinction does not exist in French, with both federal and provincial first ministers being styled premier ministre. Name In a number of provinces, premiers were previously known by the title prime minister, with premier being an informal term used to apply to all prime ministers, even the Prime Minister of Canada. This practice was eventually phased out to avoid confusing the provincial leaders with the federal prime minister, as well as to indicate the distinct nature of the provincial offices. Officially, the last such case outside Quebec was that of W. A. C. Bennett, who served as Premier of British Columbia and styled himself as prime minister until leaving office in 1972. The title premier is not granted by any written law. The formal name of the government position held by the premier is President of the Executive Council or some similar term, but that formal term is rarely used. In Canadian French, the head of government of a province or territory is called premier ministre: the French language does not have a synonym for prime minister. In Quebec, this designation is often translated to prime minister in English. The designation, however, is not exclusive. When they visit Quebec or are described by the Quebec government or many Quebec media, all the other heads of government of the other provinces are also called prime minister in the English version of the official French texts. The name of the province is always added to avoid confusion. The terms prime minister and premier come from the United Kingdom, where there is only one prime minister/premier. The British prime minister is frequently called premier to this day; prime ministers of constituent countries in the UK are titled first minister. Collectively, Canada's federal prime minister and the premiers are collectively referred to as first ministers, another synonym of British origin. Role Under Canada's system of responsible government, the premier is both a member of the provincial legislative assembly and the head of the executive. The premier normally holds a seat in the legislative assembly, being elected in one of the electoral constituencies of the province. The leader of the party which commands a majority in the assembly is then legally appointed the premier by the lieutenant governor, representing the Canadian monarch in right of the province. There are historical exceptions, the most recent occurring after the 1985 general election in Ontario. Premiers advise the lieutenant governor on whom to appoint to the cabinet and they guide legislation through the legislature. Premiers thus exercise a significant amount of power within the Canadian federation, especially in regard to the federal government. In many ways they remain the most effective representatives of provincial interests to the federal government, as parliament's strong party discipline and other factors have impaired provincial representation there. This reality is acknowledged in annual "first ministers conferences" in which the federal prime minister and the 10 premiers meet to discuss provincial-federal relations. The Meech Lake Accord proposed that these meetings be constitutionally mandated, and some premiers have even proposed that these meetings become a formal branch of government, active in the legislative process (see Council of the Federation). However, only one Canadian provincial premier has ever gone on to serve as prime minister: Sir John Thompson. Canada's first and sixth prime ministers (Sir John A. Macdonald and Sir Charles Tupper) had also been co-premier and premier of British provinces that became part of Canada, but no one who has led a victorious general election campaign in a Canadian province has ever been prime minister. Canada's three territories have premiers as well, though they are technically known as "government leaders". The Premier of Yukon is chosen in the usual fashion, but the premiers of Nunavut and Northwest Territories are selected from within the small and non-partisan elected territorial councils. Current premiers Main article: List of current Canadian first ministers Timeline See also - Premiers of the Australian states - Governor (United States) (the head of government in the states of the United States) References [1] Styles of address [2] "Office of the Premier". Government of Ontario. Retrieved February 11, 2013. [3] "Biography of the Premier". Government of Quebec. Retrieved April 23, 2014. [4] "Honourable Stephen McNeil". Government of Nova Scotia. Retrieved October 22, 2013. [5] "Premier Gallant". Government of New Brunswick. October 7, 2014. Retrieved October 7, 2014. [6] "Office of the Premier". Government of Manitoba. Retrieved May 12, 2016. [7] "Office of the Premier". Government of British Columbia. Retrieved February 11, 2013. [8] "Office of the Premier of Prince Edward Island". Government of Prince Edward Island. Retrieved February 23, 2015. [9] "Premier Brad Wall". Government of Saskatchewan. Retrieved February 11, 2013. [10] "Premier". Government of Alberta. Retrieved May 24, 2015. [11] "Office of the Premier". Government of Newfoundland and Labrador. Retrieved January 25, 2014. [12] "Premier Bob McLeod – Biography". Government of the Northwest Territories. Retrieved February 11, 2013. [13] "Office of the Premier". Government of Yukon. Retrieved February 11, 2013. [14] "Government of Nunavut". Government of Nunavut. Retrieved February 25, 2015. Legislative branch Parliament of Canada The Parliament of Canada (French: Parlement du Canada) is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa, Ontario. The body consists of the Canadian monarch, represented by a viceroy, the governor general; an upper house: the Senate; and a lower house: the House of Commons. Each element has its own officers and organization. The governor general summons and appoints each of the 105 senators on the advice of the Prime Minister of Canada, while the 338 members of the House of Commons—called members of parliament (MPs)—are directly elected by eligible Canadian voters, with each MP representing a single electoral district, commonly referred to as a riding. By constitutional convention, the House of Commons is the dominant branch of parliament, the Senate and Crown rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and the monarch or viceroy provides the necessary Royal Assent to make bills into law. The governor general also summons parliament, while either the viceroy or monarch can prorogue or dissolve parliament, the latter in order to call a general election. Either will read the Throne Speech. The most recent parliament, summoned by Governor General David Johnston in 2015, is the 42nd since Confederation in 1867. Composition The Parliament of Canada is composed of three parts: the monarch, the Senate, and the House of Commons.¹ Each has a distinct role, but work in conjunction within the legislative process. This format was inherited from the United Kingdom and thus is a near identical copy of the parliament at Westminster, the greatest differences stemming from situations unique to Canada, such as the impermanent nature of the monarch's residency in the country and the lack of a peerage to form the upper chamber. Only those who sit in the House of Commons are called members of parliament (MPs); the term is never applied to senators, even though the Senate is a part of parliament. Though legislatively less powerful, senators take higher positions in the national order of precedence. No individual may serve in more than one chamber of parliament at the same time. Monarch Main article: Monarchy of Canada The sovereign's place in the legislature, formally called the Queen-in-Parliament,² is defined by the Constitution Act, 1867, and various conventions.¹ Neither she nor her viceroy, however, participates in the legislative process, save for signifying the Queen's approval to a bill passed by both houses of parliament, known as the granting of Royal Assent, which is necessary for a bill to be enacted as law. All federal bills thus begin with the phrase "Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows ..."³ and, as such, the Crown is immune from acts of parliament unless expressed otherwise in the act itself.⁴ The governor general will normally perform the task of granting Royal Assent, though the monarch may also do so, at the request of either the Cabinet or the viceroy, who may defer assent to the sovereign as per the constitution.⁵ As both the monarch and his or her representatives are traditionally barred from the House of Commons, any parliamentary ceremonies in which they are involved take place in the Senate chamber. The upper and lower houses do, however, each contain a mace, which indicate the authority of the Queen-in-Parliament and the privilege granted to that body by her,⁶ ⁷ both bearing a crown at their apex. The original mace for the Senate was that used in the Legislative Council of the Province of Canada after 1849, while that of the House of Commons was inherited from the Legislative Assembly of the Province of Canada, first used in 1845. Following the burning of the Centre Block on 3 February 1916, the City of London, England, donated a replacement, which is still used today. The temporary mace, made of wood, and used until the new one arrived from the United Kingdom in 1917, is still carried into the Senate each 3 February.⁸ The Senate's 1.6-metre-long mace comprises brass and gold. The Senate may not sit if its mace is not in the chamber; it typically sits on the table with the crown facing the throne,⁹ though it may, during certain ceremonies, be held by the Mace Bearer, standing adjacent to the governor general or monarch in the Senate.¹⁰ Members of the two houses of parliament must also express their loyalty to the sovereign and defer to her authority, as the Oath of Allegiance must be sworn by all new parliamentarians before they may take their seats. Further, the official opposition is formally called as Her Majesty's Loyal Opposition, to signify that, though they may be opposed to the incumbent Cabinet's policies, these MPs remain dedicated to the apolitical Crown.¹¹ ¹² Senate Main article: Senate of Canada The upper house of the Parliament of Canada, the Senate (French: Sénat), is a group of 105 individuals appointed by the governor general on the advice of the prime minister;¹³ all those summoned to the Senate by the viceroy must, per the constitution, be a minimum of 30 years old, be a subject of the monarch, and own property with a net worth of at least $4,000, in addition to owning land worth no less than $4,000 within the province he or she is to represent.¹⁴ Senators served for life until 1965, when a constitutional amendment imposed a mandatory retirement age of 75. Senators may, however, resign their seats prior to that mark, and can lose their position should they fail to attend two consecutive sessions of parliament. The Senate is divided equally amongst four geographic regions: 24 for Ontario, 24 for Quebec, 24 for the Maritimes (10 for Nova Scotia, 10 for New Brunswick, and four for Prince Edward Island), and 24 for the Western provinces (six each for Manitoba, British Columbia, Saskatchewan, and Alberta).¹⁵ Newfoundland and Labrador, which became a Canadian province in 1949, is represented by six senators, though the province is not part of a senatorial division. Further, Canada's three territories—the Northwest Territories, Yukon, and Nunavut—are allocated one senator each. An additional four or eight senators may be temporarily appointed by the governor general, provided the approval of the Queen is secured, and the four divisions are equally represented, thus putting the maximum possible number of senators at 113. This power has been employed only once since 1867: to ensure the passage of the bill establishing the Goods and Services Tax, Prime Minister Brian Mulroney in 1990 advised Queen Elizabeth II to appoint extra senators. House of Commons Main article: House of Commons of Canada The elected component of the Canadian parliament is the House of Commons (French: Chambre des communes), with each member chosen by a plurality of eligible voters in each of the country's federal electoral districts, or ridings. To run for one of the 338 seats in the lower house, an individual must be at least 18 years old, and each winner holds office until parliament is dissolved, after which they may seek re-election. The ridings are regularly reorganised according to the results of each decennial national census;¹⁶ however, the "senatorial clause" of the Constitution Act, 1867, guarantees each province at least as many MPs as it has senators,¹⁷ and the "grandfather clause" permits each province as many MPs as it had in either 1976 or 1985.¹⁶ The existence of this legislation has pushed the size of the House of Commons above the required minimum of 282 seats. Jurisdiction The powers of the Parliament of Canada are limited by the constitution, which divides legislative abilities between the federal and provincial legislatures; in general, provincial legislatures may only pass laws relating to topics explicitly reserved for them by the constitution (such as education, provincial officers, municipal government, charitable institutions, and "matters of a merely local or private nature"¹⁸ ), while any matter not under the exclusive authority of the provincial legislatures is within the scope of the federal parliament's power. Thus, parliament alone can pass laws relating to, among other things, the postal service, census, military, navigation and shipping, fishing, currency, banking, weights and measures, bankruptcy, copyrights, patents, First Nations, and naturalization.¹⁹ In some cases, however, the jurisdictions of the federal and provincial parliaments may be more vague. For instance, the parliament in Ottawa regulates marriage and divorce in general, but the solemnization of marriage is regulated only by the provincial legislatures. Other examples include the powers of both the federal and provincial parliaments to impose taxes, borrow money, punish crimes, and regulate agriculture. The powers of the Canadian parliament are also limited by the Canadian Charter of Rights and Freedoms, though most provisions in that document can be overridden use of the notwithstanding clause.²⁰ Such a claim, however, has never been used by the federal parliament, though it has been employed by some provincial legislatures. Laws violating any part of the constitution are invalid and may be ruled unconstitutional by the courts. Officers Each of the parliament's two chambers is presided over by a speaker; that for the Senate is a member of that house appointed by the governor general, as advised by the prime minister, while the equivalent for the House of Commons is a member of parliament elected by the other members of that body. In general, the powers of the latter are greater than those of the former; following the British model, the upper chamber is essentially self-regulating, whereas the lower chamber is controlled from the chair. In 1991, however, the powers of the Speaker of the Senate were expanded, moving the position closer to that in the Commons. The Usher of the Black Rod of the Senate of Canada is the most senior protocol position in parliament, being the personal messenger to the legislature of the sovereign and governor general. He or she is also a floor officer of the Senate responsible for security in that chamber, as well as for protocol, administrative, and logistical details of important events taking place on Parliament Hill,²¹ such as the Speech from the Throne, Royal Assent ceremonies, state funerals, or the investiture of a new governor general.²² Other officers of parliament include the Auditor General, Chief Electoral Officer, Official Languages Commissioner, Privacy Commissioner, Access to Information Commissioner, Conflict of Interest and Ethics Commissioner, Public Sector Integrity Commissioner, and Commissioner of Lobbying. These individuals are appointed by either one or both houses, to which they report through the speaker of that house. They are sometimes referred to as Agents of Parliament.²³ Another key official is the Parliamentary Librarian of Canada, a position established in 1871 under the Library of Parliament Act, charged with the running of the Library of Parliament. Term The Constitution Act, 1867, outlines that the governor general alone is responsible for summoning parliament, though it remains the monarch's prerogative to prorogue and dissolve the legislature, after which the writs for a general federal election are usually dropped by the governor general at Rideau Hall. Upon completion of the election, the viceroy, on the advice of his or her prime minister, then issues a royal proclamation summoning parliament to assemble. On the date given, new MPs are sworn-in and then are, along with returning MPs, called to the Senate, where they are instructed to elect their speaker and return to the House of Commons to do so before adjourning.²⁴ The new parliamentary session is marked by the opening of parliament, during which either the monarch, the governor general, or a royal delegate,[n 1] reads the Speech From the Throne. MPs receive the Royal Summons to these events from the Usher of the Black Rod²⁵ after he knocks on the doors of the lower house that have been slammed shut,²⁶ to illustrate the Commons' right to deny entry to anyone, including the monarch, but excepting royal messengers.²⁷ Once MPs are gathered behind the Bar of the Senate—save for the prime minister, the only MP permitted into the Senate proper to sit near the throne dais—the speaker of the lower house presents him or herself to the monarch or governor general and formally claims the rights and privileges of the House of Commons, to which the Speaker of the Senate, on behalf of the Crown, replies in acknowledgement after the sovereign or viceroy takes their seat on the throne.²⁴ The speech is then read, outlining the programme of the Cabinet for the upcoming legislative session. A parliamentary session lasts until a prorogation, after which, without ceremony, both chambers of the legislature cease all legislative business until the governor general issues another proclamation calling for a new session to begin; except for the election of a speaker for the House of Commons and his or her claiming of that house's privileges, the same procedures for the opening of parliament are again followed. After a number of such sessions—these have ranged from one to seven²⁸ —each parliament comes to an end via dissolution, which is effected by the governor general. As a general election typically follows. The timing of a dissolution is usually politically motivated, with the prime minister selecting a moment most advantageous to his or her political party. The end of a parliament may also be necessary, however, if the majority of MPs revoke their confidence in the prime minister's ability to govern, or the legally mandated four-year maximum is reached;²⁹ no parliament has yet been allowed to expire in such a fashion. Procedure Both houses determine motions by voice vote; the presiding officer puts the question and, after listening to shouts of "yea" and "nay" from the members, announces which side is victorious. This decision by the Speaker is final, unless a recorded vote is demanded by members—at least two in the Senate and five in the House of Commons. Members of both houses vote by rising in their places to be counted; the Speaker of the Senate is permitted to vote on a motion or bill—though does so irregularly, in the interest of impartiality—and, if there is no majority, the motion is defeated. In the Commons, however, the Speaker cannot vote, unless to break a tie, at which time he or she will customarily vote in favour of the status quo. The constitution establishes the quorums to be 15 senators in the upper house and 20 members in the lower house, the Speaker of each body being counted within the tally. Voting can thus take three possible forms: whenever possible, leaving the matter open for future consideration and allowing for further discussion by the house; when no further discussion is possible, taking into account that the matter could somehow be brought back in future and be decided by a majority in the house; or, leaving a bill in its existing form rather than having it amended. For example, during the vote on the 2005 budget, which was considered a vote of confidence, the Speaker of the House of Commons cast the tie-breaking vote during the second reading, moving in favour of the budget and allowing its passage. If the vote on the third reading had again been tied, the speaker would have been expected to vote against the bill, bringing down the government. Simultaneous interpretation for both official languages, English and French, is provided at all times during sessions of both houses. Legislative functions Laws, known in their draft form as bills, may be introduced by any member of either house. However, most bills originate in the House of Commons, of which most are put forward by ministers of the Crown, making them government bills, as opposed to private members' bills or private senators' bills, which are launched by MPs and senators, respectively, who are not in cabinet. Draft legislation may also be categorised as public bills, if they apply to the general public, or private bills, if they concern a particular person or limited group of people. Each bill then goes through a series of stages in each chamber, beginning with the first reading. It is not, however, until the bill's second reading that the general principles of the proposed law are debated; though rejection is a possibility, such is not common for government bills. Next, the bill is sent by the house where it is being debated to one of several different committees. The Standing Orders outline the general mandate for all committees, allowing them to review: bills as they pertain to relevant departments; the program and policy plans, as well as the projected expenditures, and the effectiveness of the implementation thereof, for the same departments; and the analysis of the performance of those departments.³⁰ Most often, bills end up before a standing committee, which is a body of members or senators who specialise in a particular subject (such as foreign affairs), and who may hear testimony from ministers and experts, debate the bill, and recommend amendments. The bill may also be committed to the Committee of the Whole, a body consists of, as the name suggests, all the members of the chamber in question. Finally, the bill could be referred to an ad hoc committee established solely to review the piece of legislation in question. Each chamber has their own procedure for dealing with this, with the Senate establishing special committees that function like most other committees, and the House of Commons establishing legislative committees, the chair of the latter being appointed by the speaker of the House of Commons, and is normally one of his deputies. Whichever committee is used, any amendments proposed by the committee are considered by the whole house in the report stage. Furthermore, additional amendments not proposed by the committee may also be made. After the report stage (or, if the committee made no amendments to the bill, immediately after the committee stage), the final phase of the bill—the third reading—occurs, at which time further amendments are not permitted in the House of Commons, but are allowed in the Senate. If one house passes amendments that the other will not agree to, and the two houses cannot resolve their disagreements, the bill fails. If, however, it passes the third reading, the bill is sent to the other house of parliament, where it passes through the same stages; amendments made by the second chamber require the assent of the original house in order to stand part of the final bill. Once the bill is passed in identical form by both houses, it is presented for Royal Assent; in theory, the governor general has three options: he or she may grant Royal Assent, thereby making the bill into law; withhold Royal Assent, thereby vetoing the bill; or reserve the bill for the signification of the Queen's pleasure, which allows the sovereign to personally grant or withhold assent. If the governor general does grant Royal Assent, the monarch may, within two years, disallow the bill, thus annulling the law in question. In the federal sphere, no bill has ever been denied royal approval. In conformity with the British model, only the House of Commons may originate bills for the imposition of taxes or for the appropriation of Crown funds. Otherwise, the theoretical power of both houses over bills is equal, with the assent of each being required for passage. In practice, however, the House of Commons is the dominant chamber of parliament, with the Senate rarely exercising its powers in a way that opposes the will of the democratically elected house. Relationship with the executive The Canadian government consists of the monarch, predominantly represented by his or her governor general, in council, which is a collection of ministers of the Crown appointed by the governor general to direct the use of the executive powers. Per the tenets of responsible government, these individuals are almost always drawn from the parliament, and then are predominantly from the House of Commons, the only body to which the ministers are held accountable, typically during Question Period, wherein the ministers are obliged to answer questions posed by members of the loyal opposition. Hence, the person who can command the confidence of the lower chamber—usually the leader of the party with the most seats therein—is the one who is typically appointed as prime minister. Should that person not actually hold a seat in the House of Commons, he or she will, by convention, seek election to one at the earliest possible opportunity; frequently, in such situations, a junior Member of Parliament who holds a safe seat will resign to allow the prime minister to run for that riding in a by-election. If no party holds a majority, it is customary for the governor general to summon a minority government or coalition government, depending on which the commons will support. The lower house may attempt to bring down the government by either rejecting a motion of confidence—generally initiated by a minister to reinforce the Cabinet's support in the commons—or by passing a motion of no confidence—introduced by the opposition to display its distrust of the Cabinet. Important bills that form part of the government's agenda will usually be considered matters of confidence; the budget is always a matter of confidence. Where a government has lost the confidence of the House of Commons, the prime minister is obliged to either resign (allowing the governor general to appoint the Leader of the Opposition to the office) or seek the dissolution of parliament and the call of a general election. A precedent, however, was set in 1968, when the government of Lester B. Pearson unexpectedly lost a confidence vote but was allowed to remain in power with the mutual consent of the leaders of the other parties. In practice, the House of Commons' scrutiny of the government is quite weak in comparison to the equivalent chamber in other countries using the Westminster system. With the plurality voting system used in parliamentary elections tending to provide the governing party with a large majority and a party system that gives leaders strict control over their caucus (to the point that MPs may be expelled from their parties for voting against the instructions of party leaders), there is often limited need to compromise with other parties. Additionally, Canada has fewer MPs, a higher turnover rate of MPs after each election, and an Americanised system for selecting political party leaders, leaving them accountable to the party membership rather than caucus, as is the case in the United Kingdom;³¹ John Robson of the National Post opined that Canada's parliament had become a body akin to the American Electoral College, "its sole and ceremonial role to confirm the executive in power."³² At the end of the 20th century and into the 21st, analysts—such as Jeffrey Simpson, Donald Savoie, and John Gomery—argued that both parliament and the Cabinet had become eclipsed by prime ministerial power.³³ Thus, defeats of majority governments on issues of confidence are very rare. In contrast, a minority government is more volatile, and is more likely to fall due to loss of confidence. The last prime minister to lose a confidence vote was Stephen Harper in 2011, prior to which was Paul Martin in 2005 and Joe Clark in 1979. All these occurrences involved minority governments. Privileges The institution of parliament possesses a number of privileges, collectively and accordingly known as parliamentary privilege, each house being the guardian and administrator of its own set of rights. Parliament itself determines the extent of parliamentary privilege, each house overseeing its own affairs, but the constitution bars it from conferring any "exceeding those at the passing of such an Act held, enjoyed, and exercised by the [British House of] Commons... and by the Members thereof."³⁴ The foremost dispensation held by both houses of the legislature is that of freedom of speech in debate; nothing said within the chambers may be questioned by any court or other institution outside of Parliament. In particular, a member of either house cannot be sued for slander based on words uttered in the course of parliamentary proceedings, the only restraint on debate being set by the standing orders of each house. Further, MPs and senators are immune to arrest in civil cases (but not for allegedly criminal actions), and from jury service and attendance in courts as witnesses. They may, however, be disciplined by their own colleagues for breach of the rules, including contempt of parliament—disobedience of its authority; for example, giving false testimony before a parliamentary committee—and breaches of its own privileges. The Canadian Heraldic Authority, on 15 April 2008, granted the Parliament of Canada, as an institution, a heraldic achievement composed of symbols of the three elements of parliament: the escutcheon of the Royal Arms of Canada (representing the Queen) with the maces of the House of Commons and Senate crossed behind (representing each of those chambers).³⁵ The budget for the Parliament of Canada for the 2010 fiscal year was $583,567,000.³⁶ History Following the cession of New France to the United Kingdom in the 1763 Treaty of Paris, Canada was governed according to the Royal Proclamation issued by King George III in that same year. To this was added the Quebec Act, by which the power to make ordinances was granted to a governor-in-council, both the governor and council being appointed by the British monarch in Westminster, on the advice of his or her ministers there. In 1791, the Province of Quebec was divided into Upper and Lower Canada, each with an elected legislative assembly, an appointed legislative council, and a governor, mirroring the parliamentary structure in Britain. During the War of 1812, American troops set fire to the buildings of the Legislative Assembly of Upper Canada in York (now Toronto). In 1841, the British government united the two Canadas into the Province of Canada, with a single legislature composed of, again, an assembly, council, and governor general; the 84 members of the lower chamber were equally divided among the two former provinces, though Lower Canada had a higher population. The governor still held significant personal influence over Canadian affairs until 1848, when responsible government was implemented in Canada. The actual site of the parliament shifted on a regular basis: From 1841 to 1844, it sat in Kingston, where the present Kingston General Hospital now stands; from 1844 until the 1849 fire that destroyed the building, the legislature was in Montreal; and, after a few years of alternating between Toronto and Quebec City, the legislature was finally moved to Ottawa in 1856, Queen Victoria having chosen that city as Canada's capital in 1857. The modern-day Parliament of Canada came into existence in 1867, in which year the Parliament of the United Kingdom of Great Britain and Ireland passed the British North America Act, 1867, uniting the provinces of New Brunswick, Nova Scotia, and Canada—with the Province of Canada split into Quebec and Ontario—into a single federation called the Dominion of Canada. Though the form of the new federal legislature was again nearly identical to the parliament of the United Kingdom, the decision to retain this model was made with heavy influence from the just-concluded American Civil War, which indicated to many Canadians the faults of the American federal system, with its relatively powerful states and a less powerful federal government. The British North America Act limited the powers of the provinces, providing that all subjects not explicitly delegated to them by that document remain within the authority of the federal parliament, while simultaneously giving the provinces unique powers in certain agreed-upon areas of funding. Full legislative autonomy was granted by the Statute of Westminster, 1931, passed by the United Kingdom and ratified by the Canadian parliament. Though the statute allowed the Parliament of Canada to repeal or amend previously British laws as they applied to Canada, it did not permit the abrogation of Canada's constitution, including the British North America Acts. Hence, whenever a constitutional amendment was sought by the Canadian parliament, the enactment of a British law became necessary, though Canada's consent was required. The Parliament of Canada was granted limited power to amend the constitution by a British Act of Parliament in 1949, but it was not permitted to affect the powers of provincial governments, the official positions of the English and French languages, or the maximum five-year term of the legislature. The Canadian Cabinet last requested the Parliament of the United Kingdom to enact a constitutional amendment in 1982, in the form of the Canada Act. This legislation terminated the power of the British parliament's ability to legislate for Canada and the authority to amend the constitution was transferred to Canadian legislative authorities. Most amendments require the consent of the Senate, the House of Commons, and the legislative assemblies of two-thirds of the provinces representing a majority of the population; the unanimous consent of provincial legislative assemblies is required for certain amendments, including those affecting the sovereign, the governor general, the provincial lieutenant governors, the official status of the English and French languages, the Supreme Court of Canada, and the amending formulas themselves. See also - Hansard - Joint address - List of Canadian Parliaments - Procedural officers and senior officials of the parliament of Canada - Records of members of parliament of Canada - House of Commons of Canada - Senate of Canada - Politics of Canada - List of legislatures by country - Parliament Hill Notes [1] On 1 September 1919, Edward, Prince of Wales (later King Edward VIII) read the Speech From the Throne at the opening of the third session of the 13th Canadian Parliament. [1] Liberal MPs and Senators sit in separate caucuses. References [1] Victoria (1867), Constitution Act, 1867, IV.17, Westminster: Queen's Printer (published 29 March 1867), retrieved 15 January 2009 [2] MacLeod, Kevin S. (2008), A Crown of Maples (PDF) (1 ed.), Ottawa: Queen's Printer for Canada, p. 17, ISBN 978-0-662-46012-1, retrieved 21 June 2009 [3] Public Works and Government Services Canada (13 December 2006), Bill C-43, Preamble, Ottawa: Queen's Printer for Canada, retrieved 19 May 2009 [4] Elizabeth II (1985), Interpretation Act, §17, Ottawa: Queen's Printer for Canada, archived from the original on July 5, 2009, retrieved 1 June 2009 [5] Victoria 1867, IV.55 [6] Library of Parliament. "About Parliament > Education > Classroom Resources > Canadian Symbols at Parliament > Parliament Hill Symbols > Mace (Senate)". Queen's Printer for Parliament. Retrieved 19 October 2009. [7] McDonough, John (1979). "The Maces of the Canadian Provincial and Territorial Legislatures (I)" (PDF). Canadian Regional Review. Ottawa: Commonwealth Parliamentary Association. 2 (4): 36. ISSN 0707-0837. Retrieved 19 October 2009. [8] Library of Parliament. "About Parliament > Education > Classroom Resources > Canadian Symbols at Parliament > Parliament Hill Symbols > Mace (House of Commons)". Queen's Printer for Parliament. Retrieved 19 October 2009. [9] Senate of Canada (June 2015), Senate Procedure and Practice (PDF), Ottawa: Queen's Printer for Canada, p. 55, retrieved 17 November 2015 [10] Senate of Canada, p. 51 [11] Marleau, Robert; Montpetit, Camille (2000). House of Commons Procedure and Practice. Ottawa: Queen's Printer for Canada. ISBN 2-89461-378-4. 1. Parliamentary Institutions > Institutional Framework > The Opposition. [12] Schmitz, Gerald (December 1988), The Opposition in a Parliamentary System, Ottawa: Queen's Printer for Canada, archived from the original on April 25, 2009, retrieved 21 May 2009 [13] Victoria 1867, IV.24 [14] Victoria 1867, IV.23 [15] Victoria 1867, IV.22 [16] Elizabeth II (4 March 1986), Constitution Act, 1985 (Representation), I.2, Ottawa: Queen's Printer for Canada, retrieved 19 October 2009 [17] Victoria 1867, IV.21A [18] Victoria 1867, VI.92 [19] Victoria 1867, VI.91 [20] Elizabeth II (29 March 1982), Constitution Act, 1982, 33, Ottawa: Queen's Printer for Canada, retrieved 20 October 2009 [21] Library of Parliament. "Usher of the Black Rod in the Senate". Queen's Printer for Canada. Retrieved 19 October 2009. [22] Elizabeth II (12 January 2008). "Notice of Vacancy, Usher of the Black Rod" (PDF). Canada Gazette. Ottawa: Queen's Printer for Canada. 142 (2): 74. Retrieved 26 January 2009. [23] "Officers and Officials of Parliament". Queen's Printer for Canada. Retrieved 27 May 2011. [24] Senate of Canada (June 2015), Senate Procedure and Practice (PDF), Ottawa: Queen's Printer for Canada, p. 42, retrieved 15 November 2015 [25] Government of Canada. "Speech From the Throne > Frequently Asked Questions". Queen's Printer for Canada. Retrieved 4 June 2010. [26] Library of Parliament. "Parliament > Officers and Officials of Parliament > Procedural Officers and Senior Officials > Senate". Queen's Printer for Canada. Archived from the original on December 1, 2008. Retrieved 19 May 2009. [27] Royal Household. "Royal events and ceremonies > State Opening of Parliament". Queen's Printer. Retrieved 13 October 2012. [28] Senate of Canada 2015, p. 45 [29] Elizabeth II (12 July 2008), Canada Elections Act, 56.1.(2): Queen's Printer for Canada, retrieved 3 May 2011 [30] Parliament of Canada. "House of Commons Procedure and Practice > 20. Committees > Types of Committees and Mandates". Queen's Printer for Canada. Retrieved 6 February 2011. [31] Foot, Richard (January 15, 2010), "Only in Canada: Harper's prorogation is a Canadian thing", National Post, retrieved January 16, 2010 [32] Robson, John (2 November 2015). "Trudeau's menacing promise of electoral reform". National Post. Retrieved 5 November 2015. [33] Brooks, Stephen (2007). Canadian Democracy: An Introduction (5 ed.). Don Mills: Oxford University Press. p. 258. ISBN 978-0-19-543103-2. [34] Victoria 1867, IV.18 [35] Canadian Heraldic Authority. "Public Register of Arms, Flags and Badges of Canada > Parliament of Canada". Queen's Printer for Canada. Retrieved 8 August 2010. [36] Vongdougngchanh, Bea (8 March 2010). "Parliament's budget boosted to $583,567,000 this year". The Hill Times. Ottawa. Retrieved 6 January 2011. - House of Commons Table Research Branch. (2005). Précis of Procedure. - Thomas, Paul G. (2004). "Parliament, Canadian." External links - The official Canadian Parliament page (English) - Canadian Governments Compared - Open Parliament: MP vote and speech tracker - keep tabs on Parliament Coordinates: 45°25′31″N 75°42′00″W / 45.42521°N 75.70011°W Senate of Canada The Senate of Canada (French: Sénat du Canada) is a component of the Parliament of Canada, along with the House of Commons and the Monarch (represented by the Governor General). The Senate is modelled after the British House of Lords and consists of 105 members appointed by the Governor General on the advice of the Prime Minister.¹ Seats are assigned on a regional basis: four regions—defined as Ontario, Quebec, the Maritime provinces, and the Western provinces—each receive 24 seats, with the remaining portions of the country—Newfoundland and Labrador and the three northern territories—assigned the remaining 9 seats apart from these regional divisions. Senators may serve until they reach the age of 75. The Senate is the upper house of Parliament and the House of Commons is the lower house. This does not, however, imply that the Senate is more powerful than the House of Commons, merely that its members and officers outrank the members and officers of the Commons in the order of precedence for the purposes of protocol. As a matter of practice and custom, the Commons is the dominant chamber. The approval of both chambers is necessary for legislation and, thus, the Senate can reject bills passed by the Commons. Between 1867 and 1987, the Senate rejected fewer than two bills per year, but this has increased in more recent years.² Moreover, members of the Cabinet are responsible solely to the House of Commons. While the prime minister and the rest of Cabinet remain in office only while they retain the confidence of the Commons, Senators are not beholden to such control. Although legislation can normally be introduced in either chamber, the majority of government bills originate in the House of Commons with the Senate acting as the chamber of "sober second thought" as it was called by Sir John A. Macdonald, Canada's first prime minister.³ Chamber and symbols The Senate of Canada and the House of Commons of Canada sit in separate chambers in the Centre Block on Parliament Hill, located in Ottawa, Ontario. The chamber in which the Senate sits is sometimes called the red chamber, due to the red cloth that adorns the chamber, as well as the Throne. The red Senate chamber is lavishly decorated, in contrast with the more modest, green Commons chamber. This decorative scheme, consistent with the Canadian conception of the Westminster system, is modelled on the British Houses of Parliament, where the Lords chamber is a lavish room with red benches, whereas the Commons chamber is more sparsely decorated and is furnished in green. There are chairs and desks on both sides of the chamber, divided by a centre aisle. The Speaker's chair is at one end of the chamber; in front of it is the Clerk's table. Various clerks sit at the table, ready to advise the Speaker and the senators on procedure when necessary. Members of the governing party sit on the benches to the Speaker's right, while members of the Opposition occupy the benches on the Speaker's left. There are three seats in the front of the chambers: - The Queen of Canada or the Governor General uses the seat with the Royal coat of arms of the United Kingdom - The second chair to the left is for the consort of the monarch or the viceregal consort. The seat has the coat of arms of the Princess Louise (at the time Marchioness of Lorne) (no helm or motto, as borne by a lady; the escutcheon is the arms of Queen Victoria with a label of three points, signifying a child of the Sovereign, with an inescutcheon of the shield of Saxony (for Prince Albert, the Princess' father) and, instead of a crown, the coronet of a child of the Sovereign) - The first two seats are vacant but present during the regular sitting of the Senate. - The Speaker of the Senate uses the third seat with the Arms of Canada. This seat is removed during the throne speech. At either end of the chamber, on the second floor, are the visitors galleries, with total seating in stadium arrangement for 350.⁴ The north gallery's lower seating area, or tribune, is reserved for journalists. The Canadian Heraldic Authority on April 15, 2008, granted the Senate, as an institution, a heraldic achievement composed of a depiction of the chamber's mace (representing the monarch's authority in the upper chamber) behind the escutcheon of the Royal Arms of Canada (representing the Queen, in whose name the Senate deliberates).⁵ Senators The Governor General holds the power to make normal senatorial appointments, although, in modern practice, they make appointments only on the advice of the prime minister. Senators used to hold their seats for life; however, under the British North America Act, 1965 (now known as the Constitution Act, 1965), Members, save for those appointed prior to the change, may not sit in the Senate after reaching the age of 75. A prime minister normally chooses members of his or her own party to be Senators, though they sometimes nominate independents or members of opposing parties. In practice, a large number of the members of the Senate are ex-Cabinet ministers, ex-provincial premiers, and other eminent people. The first Aboriginal senator was James Gladstone, who sat as an Independent Conservative.² Under the constitution, each province or territory is entitled to a specific number of Senate seats. The constitution divides Canada into four areas, each with an equal number of senators: 24 for Ontario, 24 for Quebec, 24 for the Maritime provinces (10 each for Nova Scotia and New Brunswick, and four for Prince Edward Island), and 24 for the western provinces (six each for Manitoba, British Columbia, Saskatchewan, and Alberta). Newfoundland and Labrador, which became a province in 1949, is not assigned to any division and is represented by six senators, while the three territories (the Northwest Territories, the Yukon, and Nunavut) are allocated one senator each. Quebec senators are the only ones to be assigned to specific districts within their province. This rule was adopted to ensure that both French- and English-speakers from Quebec were represented appropriately in the Senate. Like most other upper houses worldwide, the Canadian formula does not use representation by population as a primary criterion for member selection, since this is already done for the House of Commons. Rather, the intent when the formula was struck was to achieve a balance of regional interests and to provide a house of "sober second thought" to check the power of the lower house when necessary. Therefore, the most populous province (Ontario) and two western provinces that were not populous at their accession to the federation and that are within a region are under-represented, while the Maritimes are the opposite. For example, British Columbia, with a population of about four million, sends six senators to Ottawa, whereas, Nova Scotia and New Brunswick, with populations of fewer than one million, are each entitled to 10 senators. Only Quebec has a share of senators approximate to its share of the total population. For comparison, Canada has roughly one senator for about 300,000 citizens, while the United States Senate has one elected senator for about three million citizens. There exists a constitutional provision—Section 26 of the Constitution Act, 1867—under which the sovereign may approve the appointment of four or eight extra senators, equally divided among the four regions. The approval is given by the monarch on the advice of the prime minister, and the governor general is instructed to issue the necessary letters patent. This provision has been used only once: in 1990, when Prime Minister Brian Mulroney sought to ensure the passage of a bill creating the Goods and Services Tax (GST). The appointment of eight additional senators allowed a slight majority for the Progressive Conservative Party. There was one unsuccessful attempt to use Section 26, by Prime Minister Alexander Mackenzie in 1874. It was denied by Queen Victoria, on the advice of the British Cabinet.⁶ This clause does not result in a permanent increase in the number of Senate seats, however. Instead, an attrition process is applied by which senators leaving office through normal means are not replaced until after their province has returned to its normal number of seats. Since 1989, the voters of Alberta have elected "senators-in-waiting", or nominees for the province's Senate seats. These elections, however, are not held pursuant to any federal constitutional or legal provision; thus, the prime minister is not required to recommend the nominees for appointment. Only three senators-in-waiting have been appointed to the Senate: the first was Stan Waters, who was appointed in 1990 on the recommendation of Brian Mulroney; the second was Bert Brown, elected a Senator-in-waiting in 1998 and 2004, and appointed to the Senate in 2007 on the recommendation of Prime Minister Stephen Harper; and the third was Betty Unger, elected in 2004 and appointed in 2012.⁷ The base annual salary of a senator was $142,400 CAD in 2015.⁸ and members may receive additional salaries in right of other offices they hold (for instance, the title of Speaker). Most Senators rank immediately above Members of Parliament in the order of precedence, although the Speaker is ranked just above the Speaker of the House of Commons and both are a few ranks higher than the remaining senators. Qualifications The Constitution Act, 1867 outlines the qualifications of senators. Individuals must be both citizens of Canada and at least 30 years of age to be eligible for appointment to the Senate. Senators must also maintain residency in the provinces or territories for which they are appointed.¹ In the past, this criterion has often been interpreted quite liberally, with virtually any holding that met the property qualification, including primary residences, second residences, summer homes, investment properties or even lots of undeveloped land, having been deemed to meet the residency requirement;⁹ as long as the senator listed a qualifying property as a residence, no further efforts have typically been undertaken to verify whether they actually resided there in any meaningful way.⁹ Residency has come under increased scrutiny, particularly in 2013 as several senators have faced allegations of irregularities in their housing expense claims.¹⁰ The constitution also sets property qualifications for senators. A senator must possess land worth at least $4,000 in the province for which he or she is appointed. Moreover, a senator must own real and personal property worth at least $4,000 (which, even in 1916, would have been equivalent to $75,700 in 2016) above his or her debts and liabilities.¹ These property qualifications were originally introduced to ensure that senators were not beholden to economic vagaries and turmoil. Now, however, the sum in question is far less valuable due to the effects of inflation. Nevertheless, the property qualification has never been abolished or amended and initially caused problems with the 1997 Senate appointment of Sister Peggy Butts, a Catholic nun who had taken a vow of poverty.¹¹ (The situation was resolved when her order formally transferred a small parcel of land to her name.¹¹ ) Under s. 31 of the Constitution Act, 1867, a senator will be disqualified where he or she: - fails to attend two consecutive sessions of the Senate; - becomes a subject or citizen of a foreign power; - is declared to be bankrupt or insolvent, applies for protection in such cases, or becomes a public defaulter; - is convicted of treason or a felony; or - ceases to be qualified in respect of property or of residence (except where required to stay in Ottawa because they hold a government office). S. 33 of the Act provides for the Senate to determine any questions of qualification or vacancy. The first constitution of Canada did not explicitly bar women from sitting as senators. However, until the end of the 1920s, only men had been appointed to the body. In 1927, five Canadian women—known as The Famous Five—requested that the Supreme Court determine whether women were eligible to become senators. Specifically, they asked whether women were considered "persons" under the British North America Act, 1867, which provided: "The Governor General shall ... summon qualified Persons to the Senate; and ... every Person so summoned shall become and be a Member of the Senate and a Senator." In Edwards v. Canada (Attorney General) (commonly known as the Persons Case), the Supreme Court unanimously held that women could not become senators. The court based its decision on the grounds that the framers of the constitution did not foresee female senators, as women did not participate in politics at the time; moreover, they pointed to the constitution's use of the pronoun he when referring to senators. On appeal, however, the Judicial Committee of the Privy Council (Canada's highest court of appeal at the time) ruled that women were indeed persons in the meaning of the constitution. Four months later, the government of Prime Minister William Lyon Mackenzie King recommended the appointment of Canada's first female senator, Cairine Wilson of Ontario. There was, in 2001, a greater proportion of women in the Senate (35.6%) than in the House of Commons (20.6%).² Current composition Main article: List of current senators of Canada Notes: ¹On January 29, 2014, Liberal Party leader Justin Trudeau announced all Liberal senators had been removed from the Liberal caucus and would henceforth sit as independents. The senators refer to themselves as the Senate Liberal Caucus, even they are no longer members of the parliamentary Liberal caucus; the Senate website continues to refer to the senators as Liberals.¹² ¹³ ²The ISG was recognized as a parliamentary group on December 2, 2016. The official Senate standings on the Parliament of Canada website accordingly list non-affiilated Senators who belong to the Independent Senators Group separately from non-affiliated Senators who are do not.¹⁴ Vacancies There is some debate as to whether there is any requirement for the Prime Minister to advise the governor general to appoint new senators to fill vacancies as they arise. Then-Opposition leader Tom Mulcair argued that there is no constitutional requirement to fill vacancies. Constitutional scholar Peter Hogg has commented that the courts "might be tempted to grant a remedy" if the refusal to recommend appointments caused the Senate to be diminished to such a degree that it could not do its work or serve its constitutional function.¹⁵ Vancouver lawyer Aniz Alani filed an application for judicial review of then-Prime Minister Stephen Harper's apparent refusal to advise the appointment of senators to fill existing vacancies, arguing that the failure to do so violates the Constitution Act, 1867.¹⁶ On July 24, 2015, Harper announced that he would not be directing the governor general to fill the 22 vacancies in the Senate, preferring that the provinces "come up with a plan of comprehensive reform or to conclude that the only way to deal with the status quo is abolition." He declined to say how long he would allow vacancies to accumulate.¹⁷ Under Canada's constitution, senators are appointed by the governor general on the advice of the Prime Minister. If no such advice is forthcoming, according to constitutional scholar Adam Dodek, in "extreme cases, there is no question that the Governor General would be forced to exercise such power [of appointment] without advice".¹⁸ On December 5, 2015, the new Liberal government announced a new merit-based appointment process, using specific new criteria as to eligibility for the Senate. Independent applicants, not affiliated with any political party, will be approved by a new five member advisory board (to be in place by year end), a reform that was intended to begin eliminating the partisan nature of the Senate.¹⁹ At the time, there were 22 vacancies in the Senate. On April 12, 2016, seven new senators were sworn in, including Prime Minister Justin Trudeau's hand picked Representative of the Government in the Senate, Hon. Peter Harder. A series of future appointments were announced in October and November 2016 that would fill all vacancies; once these senators are summoned, the independent non-aligned Senators will be more numerous than either of the party caucuses for the first time in the Upper House's history. Officers The presiding officer of the Senate is the Speaker, who is appointed by the governor general on the advice of the prime minister. The Speaker is assisted by a Speaker Pro Tempore ("Current Speaker"), who is elected by the Senate at the beginning of each parliamentary session. If the Speaker is unable to attend, the Speaker Pro Tempore presides instead. Furthermore, the Parliament of Canada Act authorizes the Speaker to appoint another senator to take his or her place temporarily. Muriel McQueen Fergusson was the Parliament of Canada's first female Speaker, holding the office from 1972 to 1974.² The Speaker presides over sittings of the Senate and controls debates by calling on members to speak. If a senator believes that a rule (or standing order) has been breached, he or she may raise a point of order, on which the Speaker makes a ruling. However, the Speaker's decisions are subject to appeal to the whole Senate. When presiding, the Speaker remains impartial, though he or she still maintains membership in a political party. Unlike the Speaker of the House of Commons, the Speaker of the Senate does not hold a casting vote, but, instead, retains the right to vote in the same manner as any other. Following the 42nd parliament began on December 2015, Senator George Furey is the current Speaker of the Senate. The senator responsible for steering legislation through the Senate is the Representative of the Government in the Senate, who is a senator selected by the prime minister and whose role is to introduce legislation on behalf of the government. The position was created in 2016 to replace the former position of Leader of the Government in the Senate. The opposition equivalent is the Leader of the Opposition in the Senate, who is selected by his or her counterpart in the House of Commons, the Leader of the Opposition. However, if the Official Opposition in the Commons is a different party than the Official Opposition in the Senate (as was the case from 2011 to 2015), then the Senate party chooses its own leader. Officers of the Senate who are not members include the Clerk, the Deputy Clerk, the Law Clerk, and several other clerks. These officers advise the Speaker and members on the rules and procedure of the Senate. Another officer is the Usher of the Black Rod, whose duties include the maintenance of order and security within the Senate chamber. The Usher of the Black Rod bears a ceremonial black ebony staff, from which the title "black rod" arises. This position is roughly analogous to that of Sergeant-at-Arms in the House of Commons, but the Usher's duties are more ceremonial in nature. The responsibility for security and the infrastructure lie with the Director General of Parliamentary Precinct Services. Procedure The Senate chamber is the site of the opening of parliament, a formal ceremony held at the beginning of each new parliamentary session. During the event, the Sovereign or the governor general, seated on the throne in the Senate chamber and in the presence of both Houses of Parliament, delivers the Speech from the Throne (or, more colloquially, the throne speech), outlining the government's agenda for the upcoming parliamentary session. Under the rules of the Senate, the Senate sits Mondays to Fridays. Sittings of the Senate are open to the public and are transcribed verbatim in the Debates of the Senate, although, at times, matters of particular interest have been broadcast. The Constitution Act, 1867, establishes a quorum of 15 Members (including the Member presiding) for the Senate. Any senator may request the Speaker to ascertain the presence of a quorum; if it does not appear that one is present, the Speaker orders bells to be rung, so that other senators on the parliamentary precincts may come to the chamber. If a quorum still does not appear, the Speaker must adjourn the Senate until the next sitting day. During debates, the first senator to rise is entitled to make the next speech. The Speaker may settle disputes over which senator rose first, but his or her decision may be altered by the Senate. Motions must be moved by one senator and seconded by another before debate may begin; some motions, however, are non-debatable. Speeches may be made in either of Canada's official languages (English or French). Members must address their speeches to the other senators as a whole, using the phrase "Honourable Senators" (Honorables Sénateurs), without directly addressing an individual senator. This is similar to the process in the House of Lords, where all speeches and comments are addressed to "my lords". It differs slightly from the practice in the Canadian House of Commons and similar bodies in other countries, where all comments are addressed to the Speaker of the House. The Speaker enforces the rules of the Senate during debate. Disregarding the Speaker's instructions is considered a severe breach of the rules of the Senate. No senator may speak more than once on the same question; however, a senator who has moved a substantive motion, proposed an inquiry, or sponsored a bill holds a right of reply that enables them to speak again at the close of debate. In the case of a bill, this right of reply can only be exercised at the second reading debate. The rules of the Senate prescribe time limits for speeches. The limits depend on the nature of the motion, but are generally about fifteen minutes. However, the leaders of the government and opposition in the Senate are not subject to such time constraints. Debate may be further restricted by the passage of time allocation motions. Alternatively, the Senate may end debate more quickly by passing a motion for the previous question. If such a motion carries, debate ends immediately and the Senate proceeds to vote. Debate may also end if no senator wishes to make any further remarks. When the debate concludes, the motion in question is put to a vote. The Senate first votes by voice vote; the presiding officer puts the question and members respond either "yea" (in favour of the motion) or "nay" (against the motion). The presiding officer then announces the result of the voice vote, but, two or more Senators may challenge his or her assessment, thereby forcing a recorded vote (known as a division). First, members in favour of the motion rise, so that the clerks may record their names and votes. The same procedure is then repeated for members who oppose the motion and thereafter repeated again for those who wish to abstain. In all cases, the Speaker holds a vote (which is not usually exercised) and votes first when a recorded division is called; a tied vote results in the motion's failure. If the number of members voting, including the presiding officer, does not at least total 15, then a quorum is not present, and the vote is invalid. Committees The Parliament of Canada uses committees for a variety of purposes. Committees consider bills in detail, and can make amendments. Other committees scrutinize various government agencies and ministries. The largest of the Senate committees is the Committee of the Whole, which, as the name suggests, consists of all Senators. The Committee of the Whole meets in the chamber of the Senate, but proceeds under slightly modified rules of debate. (For example, there is no limit on the number of speeches a Member may make on a particular motion.) The presiding officer is known as the chairman. The Senate may resolve itself into a Committee of the Whole for a number of purposes, including to consider legislation or to hear testimony from individuals. Nominees to be officers of parliament often appear before Committee of the Whole to answer questions with respect to their qualifications prior to their appointment. The Senate also has several standing committees, each of which has responsibility for a particular area of government (for example, finance or transport). These committees consider legislation and conduct special studies on issues referred to them by the Senate and may hold hearings, collect evidence, and report their findings to the Senate. Standing committees consist of between nine and fifteen members each and elect their own chairmen. Special committees are appointed by the Senate on an ad hoc basis to consider a particular issue. The number of members for a special committee varies, but, the partisan composition would roughly reflect the strength of the parties in the whole Senate. These committees have been struck to study bills (e.g., the Special Senate Committee on Bill C-36 (the Anti-terrorism Act), 2001) or particular issues of concern (e.g., the Special Senate Committee on Illegal Drugs). Other committees include joint committees, which include both members of the House of Commons and senators. There are presently two joint committees: the Standing Joint Committee on the Scrutiny of Regulations, which considers delegated legislation, and the Standing Joint Committee on the Library of Parliament, which advises the two Speakers on the management of the library. Parliament may also establish special joint committees on an ad hoc basis to consider issues of particular interest or importance. Legislative functions Although legislation may be introduced in either chamber, most bills originate in the House of Commons. Because the Senate's schedule for debate is more flexible than that of the House of Commons, the government will sometimes introduce particularly complex legislation in the Senate first. In conformity with the British model, the Senate is not permitted to originate bills imposing taxes or appropriating public funds. Unlike in Britain but similar to the United States, this restriction on the power of the Senate is not merely a matter of convention, but is explicitly stated in the Constitution Act, 1867. In addition, the House of Commons may, in effect, override the Senate's refusal to approve an amendment to the Canadian constitution; however, they must wait at least 180 days before exercising this override. Other than these two exceptions, the power of the two Houses of Parliament is theoretically equal; the approval of each is necessary for a bill's passage. In practice, however, the House of Commons is the dominant chamber of parliament, with the Senate very rarely exercising its powers in a manner that opposes the will of the democratically elected chamber. The Senate tends to be less partisan and confrontational than the Commons and is more likely to come to a consensus on issues. It also often has more opportunity to study proposed bills in detail either as a whole or in committees. This careful review process is why the Senate is still today called the chamber of "sober second thought", though the term has a slightly different meaning than it did when used by John A. Macdonald. The format of the Senate allows it to make many small improvements to legislation before its final reading. Although the Senate rarely vetoes bills from the House of Commons, minor changes proposed by the Senate to a bill are usually accepted. The Senate, at times, is more active at reviewing, amending, and even rejecting legislation. In the first 60 years after Confederation, approximately 180 bills were passed by the House of Commons and sent to the Senate that subsequently did not receive Royal Assent, either because they were rejected by the Senate or were passed by the Senate with amendments that were not accepted by the Commons. In contrast, fewer than one-quarter of that number of bills were lost for similar reasons in the sixty-year period from 1928 to 1987.² The late 1980s and early 1990s was a period of contention. During this period, the Senate opposed legislation on issues such as the 1988 free trade bill with the US (forcing the Canadian federal election of 1988) and the Goods and Services Tax (GST).² ²⁴ In the 1990s, the Senate rejected four pieces of legislation: a bill passed by the Commons restricting abortion (C-43),²⁵ a proposal to streamline federal agencies (C-93), a bill to redevelop the Lester B. Pearson airport (C-28), and a bill on profiting from authorship as it relates to crime (C-220). The Senate also performs investigative functions. In the 1960s, the Senate authored the first Canadian reports on media concentration with the Special Senate Subcommittee on Mass Media, or the Davey Commission,²⁶ since "appointed senators would be better insulated from editorial pressure brought by publishers"; this triggered the formation of press councils.²⁷ More recent investigations include the Kirby Commissions on health care (as opposed to the Romanow Commission) and mental health care by Senator Michael Kirby and the Final Report on the Canadian News Media in 2006.²⁸ From 2000-2013, the Senate rejected 75 bills in total.²⁹ In December 2010, the Senate rejected Bill C-311, involving greenhouse gas regulation that would have committed Canada to a 25% reduction in emissions by 2020 and an 80% reduction by 2050.³⁰ The bill was passed by all the parties except the Conservatives in the House of Commons and was rejected by the majority Conservatives in the Senate on a vote of 43 to 32.³¹ The only session where actual debate on the bill took place was notable for unparliamentary language and partisan political rhetoric.³² Historically, before the passage of the Divorce Act in 1968, there was no divorce legislation in either Quebec or Newfoundland. The only way for couples to get divorced in these provinces was to apply to the federal parliament for a private bill of divorce. These bills were primarily handled by the Senate, where a special committee would undertake an investigation of a request for a divorce. If the committee found that the request had merit, the marriage would be dissolved by an Act of Parliament. A similar situation existed in Ontario before 1930. This function of the Senate has not been exercised since 1968. Relationship with the executive Unlike the House of Commons, the Senate has no effect in the decision to end the term of the prime minister or of the government. Only the Commons may force the prime minister to tender his resignation or to recommend the dissolution of Parliament and issue of election writs, by passing a motion of no-confidence or by withdrawing supply. Thus, the Senate's oversight of the government is limited. Most Cabinet ministers are from the House of Commons. In particular, every prime minister has been a member of the House of Commons since 1896, with the exception of John Turner. Typically, the Cabinet includes only one Senator: the Leader of the Government in the Senate. Occasionally, when the governing party does not include any members from a particular region, senators are appointed to ministerial positions in order to maintain regional balance in the Cabinet. The most recent example of this was on February 6, 2006, when Stephen Harper advised that Michael Fortier be appointed to serve as both a senator representing the Montreal region, where the minority government had no elected representation, and the Cabinet position of Minister of Public Works and Government Services. Fortier resigned his Senate seat to run (unsuccessfully) for a House of Commons seat in the 2008 general election. History The Senate came into existence in 1867, when the Parliament of the United Kingdom passed the British North America Act 1867 (BNA Act), uniting the Province of Canada (which was separated into Quebec and Ontario) with Nova Scotia and New Brunswick into a single federation, a dominion called Canada. The Canadian parliament was based on the Westminster model (that is, the model of the Parliament of the United Kingdom). Canada's first prime minister, Sir John A. Macdonald, described it as a body of "sober second thought" that would curb the "democratic excesses" of the elected House of Commons and provide regional representation.³³ He believed that if the House of Commons properly represented the population, the upper chamber should represent the regions.³⁴ It was not meant to be more than a revising body or a brake on the House of Commons. Therefore, it was deliberately made an appointed house, since an elected Senate might prove too popular and too powerful and be able to block the will of the House of Commons. The original Senate chamber was lost to the fire that consumed the Parliament Buildings in 1916. Subsequently, the Senate sat in the mineral room of what is today the Canadian Museum of Nature until 1922, when it relocated back to Parliament Hill. While most senators hold their seat until the mandatory age of retirement, Andy Thompson stepped down 20 months ahead of his scheduled retirement after critics drew attention to his poor attendance record while he continued to draw his salary. It was also the first time that the Senate had voted to suspend one of its members,³⁵ which prompted his resignation shortly afterwards. Senate reform Background Reform of the Senate has been an issue since its creation, and mirrors pre-Confederation debates regarding appointed Legislative Councils in the former colonies. The federal Parliament first considered reform measures in 1874 and the Senate debated reforming itself in 1909.³⁶ There were minor changes in 1965, when the mandatory retirement age for new Senators was set at 75 years and, in 1982, when the Senate was given a qualified veto over certain constitutional amendments.³⁷ The last member of the Senate who served past the age of 75 was John Michael Macdonald, who had been appointed on the advice of John Diefenbaker in 1960 and served until his death, at the age of 91 in 1997.³⁸ Orville Howard Phillips was the last senator appointed for life to leave the body: he was appointed on the advice of Diefenbaker in 1963 and served in the Senate until 1999, when he voluntarily resigned a month before turning 75.³⁹ Recent debate In the 1960s and 1970s, discussion of reforming the appointment mechanism resurfaced alongside the Quiet Revolution and the rise of Western alienation, usually with the chief goal of making the Senate better represent the provinces in parliament. It was often suggested that provincial governments should appoint senators, as was done in the United States before the Seventeenth Amendment to the United States Constitution. Others suggested that senators should be members of provincial legislatures, similar to the Bundesrat of Germany. The discussions also suggested redistributing Senate seats to the growing western provinces, but formal suggestions for equality of seats between provinces did not occur until 1981. Likewise, schemes to create an elected Senate did not gain widespread support until after 1980, when Parliament enacted the National Energy Program in the wake of the energy crises of the 1970s. Many Western Canadians then called for a "Triple-E Senate", standing for elected, equal, and effective. They believed that allowing equal representation of the provinces, regardless of population, would protect the interests of the smaller provinces and outlying regions. One of the systems most often proposed is the Triple-E Senate (Triple-E stands for equal, elected, and effective), which would re-align the seats, make senators elected, and give them more powers.⁴⁰ Alberta is the only province that holds Senate nominee elections, although Saskatchewan plans to hold their own as well.⁴¹ Prime Minister Stephen Harper was an advocate of an elected Senate, and had said that he would not appoint any new senators until there is reform.⁴¹ In his first two years as prime minister, he appointed two. One of his appointments was Bert Brown, who was one of Alberta's elected nominees and is the second unofficially elected senator in Canadian history after Stan Waters in 1990.⁴² Proposals There have been at least 28 major proposals for constitutional Senate reform since the early 1970s and all have failed.³⁷ The Meech Lake Accord—a series of constitutional amendments proposed by Prime Minister Brian Mulroney—would have required the federal government to choose a senator from a list of persons nominated by the provincial government; the accord, however, failed to obtain the requisite unanimous consent of the provincial legislatures. A successor proposal, the Charlottetown Accord, involved a provision under which the Senate would include an equal number of senators from each province, each elected either by the majority in the relevant provincial legislature or by the majority of voters in the province. This accord was defeated in the referendum held in 1992. The Cabinet while headed by Prime Minister Stephen Harper moved to institute reforms to the process by which senators would be selected and the amount of time they could hold a seat in parliament.⁴³ On May 30, 2006, Bill S-4 was introduced in the Senate, proposing an amendment to the Constitution Act, 1867, so as to limit the term of a newly appointed senator to eight years, though sitting senators would serve out their term to age 75. Further, on December 13, 2006,⁴⁴ Bill C-43, for "the consultation of the electors... in relation to the appointment of senators",⁴⁴ was tabled in the House of Commons. It was intended to, pending a constitutional amendment, institute in each province direct elections, held concurrently with either provincial or federal general elections, for senatorial candidates who would then be recommended by the prime minister for appointment by the governor general.⁴⁵ Both bills died at the end of the first session of the 39th parliament, but were reintroduced in the second session as C-19 (with modifications) and Bill C-20,⁴⁶ ⁴⁷ respectively. C-19 was reintroduced in 2009 as Bill S-7, with one change: senators appointed between October 14, 2008 and the date the bill was granted Royal Assent would remain senators for eight years after the law came into force.⁴⁸ On June 22, 2006, Progressive Conservative Senator Lowell Murray and Liberal Senator Jack Austin introduced an amendment to the constitution to alter the makeup of the Senate⁴⁹ by enlarging the chamber to 117 members and giving a greater number to the western provinces of British Columbia (12), Alberta (10), Saskatchewan (7), and Manitoba (7). The amendment would also have increased both the number of divisions to five — by separating British Columbia into its own division—and the number of additional senators the monarch could appoint to five or ten. The amendment was debated on June 27 and 28, 2006, and then sent to a special committee on Senate reform. That committee considered the amendment and, on October 26, 2006, endorsed it. Conservative Senator David Tkachuk, seconded by Liberal Senator Larry Campbell, proposed on December 11, 2006, an addition to the proposed constitutional changes that would provide for 24 senators for British Columbia. The proposal died on the Order Paper when the writ dropped for the 2008 federal election. Simon Threlkeld, a former Toronto lawyer who writes about democracy, proposes in the National Post that the Senate be chosen by randomly sampled juries of Canadians who meet together face-to-face to make an informed choice after deliberation. He says: "Such a Senate will be independent from political parties, and chosen in a highly democratic, non-partisan and well informed way."⁵⁰ ⁵¹ ⁵² Party positions The Conservative Party was committed to the idea of elected senatorial candidates being appointed by the governor general on the advice of the prime minister. Accordingly, Prime Minister Stephen Harper in 2007 recommended the appointment of Bert Brown, who was elected in Alberta's Senator in waiting election,⁵³ but otherwise followed the standing rules in the absence of other elected nominees.⁵⁴ ⁵⁵ ⁵⁶ Harper later stated that the Senate "must either change or—like the old upper houses of our provinces—vanish".⁵⁷ The New Democratic Party (NDP) has consistently called for the Senate's abolition.⁵⁸ In 2013, the NDP appeared ambiguous over whether it would appoint Senators if elected to government,⁵⁹ although it emphasized its pro-abolition platform. On January 29, 2014, Liberal leader Justin Trudeau announced that all 32 Liberal senators would no longer be members of the party's caucus. Trudeau announced that, as Prime Minister, he would only appoint future Senators as independents chosen by a non-partisan committee.⁶⁰ In response, the Senate caucus chose to designate themselves as "Senate Liberals" and continue their own internal caucus. The Bloc Québécois has alternated between advocating the elimination of the Senate and accepting the status quo, while the Green Party of Canada passed a resolution during its 2010 convention supporting a Senate elected using proportional representation.⁶¹ The provincial branches of the NDP follow the same stance as their federal counterpart⁶² and the Saskatchewan Party caucus has also voted to support Senate abolition.⁶³ A private member's bill introduced to by Liberal Member of the Legislative Assembly John Les to the Legislative Assembly of British Columbia on June 2, 2011, with the support of the premier, sought to have elections conducted for BC Senate nominees.⁶⁴ The bill was never enacted as law. 2013 reference to the Supreme Court The Supreme Court of Canada was given several reference questions in 2013 to make clear how Senate reform can be undertaken within the current framework of the Constitution of Canada. In their 2014 response, Reference re Senate Reform, the court declared that the applicable amending procedure depended upon the type of reform sought:⁶⁵ - The Parliament of Canada can amend or repeal the s. 23(4) minimum property value requirement on its own; - The s. 23(3) property possession requirement can be fully repealed only when accompanied by a resolution passed by the National Assembly of Quebec, because of its relationship to the special requirements for Quebec senators under s. 23(6); - Under s. 42(1)(b) of the Constitution Act, 1982, any change to "the powers of the Senate and the method of selecting Senators" (which would include consultative elections and senatorial term limits) can only be done under the general amending procedure; and - Under s. 41(e), the abolition of the Senate would require the unanimous consent of the Senate, the House of Commons, and the legislative assemblies of all Canadian provinces, as it would require the removal of the Senate from all aspects of the constitutional amending procedure. Following the ruling, Prime Minister Stephen Harper stated that "Significant reform and abolition are off the table,"⁶⁶ and many constitutional experts consider abolition to be virtually impossible.⁶⁶ In the 2015 general election, the Liberal Party proposed a reform of the process of appointing senators.⁶⁶ 2015 appointment reform Within a month of the Liberals under Prime Minister Justin Trudeau being sworn in, on December 5, 2015, the Democratic Institutions Minister Maryam Monsef, with the new House leader Dominic LeBlanc, announced a major overhaul of the appointment process as had been promised during the election campaign. The new system consists of five board members - three federal appointees and two from the provinces - who will pick independent candidates, not officially affiliated with any political party, based on merit.⁶⁷ This reform is in line with Trudeau's January 2014 announcement that began reducing Senate partisanship by making Liberal senators independent and no longer part of the Liberal caucus.⁶⁸ The stated goal of the December 2015 reform was to improve the effectiveness of the Senate which had been "... hampered by its reputation as a partisan institution," according to Monsef. She indicated that this reform would not require an amendment to the constitution. Only hours later, the Liberal Premier of British Columbia (BC), Christy Clark, stated that her province would not support the changes because they did "not address what's been wrong with the Senate since the beginning".⁶⁸ BC is under represented in the Senate, based on population size; BC with 4.7 million people has only six senators, while the Atlantic provinces have 24, although their population is below 2 million. Correcting this imbalance would require a constitutional amendment that is agreed to by seven or more provinces with 50 per cent of the population, and that is unlikely to happen. Christy's other objection was that the senators are appointed, not elected, so they are not accountable to the Canadian public;⁶⁹ hence this house should not be legitimized in her estimation.⁷⁰ ⁷⁰ The advisory board was appointed by the end of December 2015. The criteria for appointment to the Senate will be "... outstanding personal qualities that include integrity and ethics and experience in public life, community service or leadership in their field of expertise". As of December 14, there were 22 Senate vacancies.⁷¹ ⁷² On March 18, 2016, seven new senators, selected under this procedure, were appointed to fill some of the vacancies.⁷³ First advisory board On January 19, 2016, the names of the members of the independent advisory board on Senate appointments was announced. The chair will be former deputy minister Huguette Labelle. There will be two other permanent members: McGill University dean of law Daniel Jutras and former University of Alberta president Indira Samarasekera. Two ad hoc members from Manitoba, Quebec and Ontario were also named. This board is to make up a short list of candidates to be considered for the 22 Senate vacancies, based on merit instead of partisan politics.⁷⁴ However, the slate of recommended candidates is not binding on the Prime Minister who will make the final decision as to who is appointed.⁷⁵ Offices Outside of Parliament Hill, most Senators have offices in the Victoria Building across Wellington Street. See also - Lists of Canadian senators - List of current Canadian senators - Leader of the Government in the Senate (Canada) - Leader of the Opposition in the Senate (Canada) - Canadian Senate seating plan - Canadian Senate divisions - Procedural officers and senior officials of the parliament of Canada - Monarchy of Canada - List of Canadian Senate appointments by Prime Minister - Canadian Senate Page Program - Triple-E Senate - Canadian Senate expenses scandal - Joint address References [1] Franco, 2006, pg. 3–42. [2] "THE CANADIAN SENATE IN FOCUS 1867–2001". The Senate of Canada. May 2001. Retrieved August 4, 2007. [3] "no by-line.-->". FAQs about the Senate of Canada. Government of Canada. 2015. Retrieved December 7, 2015. [4] http://sen.parl.gc.ca/portal/publications/factsheets/fs-redchamber-e.htm [5] Canadian Heraldic Authority. "Public Register of Arms, Flags and Badges of Canada > Senate of Canada". Queen's Printer for Canada. Retrieved August 8, 2010. [6] W.H. McConnell, Commentary on the British North America Act (Toronto: McMillan & Co., 1977), pp. 72–73. [7] "Harper appoints 7 new senators". CBC News. January 6, 2012. [8] "Indemnities, Salaries and Allowances". Parliament of Canada. Library of Parliament. Retrieved July 27, 2015. [9] "Senator says she won't talk more about Sask. residency". CBC News. February 17, 2009. [10] "Senators ordered to provide concrete proof of primary residence". Ottawa Citizen. January 31, 2013. [11] staff reporter (April 1998). "Canada's Upper House: Do We Need the Senate? – Constitutional Origins". Canadian Broadcasting Corporation. Archived from the original on October 16, 2007. Retrieved February 12, 2008. But having taken a vow of poverty 40 years ago, she lacked the necessary $4000 in 'real and personal property' that is stipulated in Section 23 of the Constitution Act of 1867. Upon this realization, the scramble was on to ensure her appointment, and a small parcel of land was transferred by her Montreal-based order into her name. [12] "Trudeau's expulsion catches Liberal senators by surprise". Globe and Mail. January 29, 2014. Retrieved January 29, 2014. [13] http://www.parl.gc.ca/SenatorsMembers/Senate/PartyStandings/ps-E.htm [14] http://www.parl.gc.ca/SenatorsBio/standings_senate.aspx?Language=E [15] –"Stephen Harper obliged to fill empty Senate seats?". CBC News. July 10, 2014. Retrieved December 10, 2014. [16] –"Stephen Harper's unappointed Senate seats unconstitutional, Vancouver lawyer says". CBC News. December 15, 2014. Retrieved December 18, 2014. [17] Steven Chase, "Harper will not appoint more senators", The Globe and Mail. July 25, 2015. [18] Adam Dodek, "PM's constitutional disobedience a dangerous game to play", The Globe and Mail, July 28, 2015. [19] Harris, Kathleen (December 3, 2015). "Liberal plan to pick 'non-partisan' senators draws quick criticism B.C. Premier Christy Clark slams reforms". CBC News. CBC/Radio Canada. Retrieved December 4, 2015. [20] "Senate – Committee List". Parl.gc.ca. Retrieved July 1, 2010. [21] "Senate – Committee Home Page". Parl.gc.ca. Retrieved July 1, 2010. [22] "Senate – Committee Home Page". Parl.gc.ca. Retrieved July 1, 2010. [23] "Senate – Committee Home Page". Parl.gc.ca. Retrieved July 1, 2010. [24] Gibson, Gordon (September 2004). "Challenges in Senate Reform: Conflicts of Interest, Unintended Consequences, New Possibilities". Public Policy Sources. Fraser Institute. Retrieved August 4, 2007. [25] 17 Nov 2013 Toronto Star: "Mulroney-era cabinet documents reveal struggle to replace abortion law thrown out by court" [26] "Concentration of Newspaper Ownership". Canadian Heritage. Retrieved November 17, 2007. [27] Edge, Marc (November 13, 2007). "Aspers and Harper, A Toried Love". The Tyee. Retrieved November 17, 2007. [28] "Concentration of Newspaper Ownership". Standing Senate Committee on Transport and Communications. June 2006. Retrieved November 17, 2007. [29] . parl.gc.ca. November 16, 2010 http://www.parl.gc.ca/Parlinfo/compilations/houseofcommons/legislation/billsbyresults.aspx?Parliament=&BillResult=03d93c58-f843-49b3-9653-84275c23f3fb. Retrieved April 7, 2014. Missing or empty |title= (help) [30] "Senate vote to kill Climate Act disrespects Canadians and democracy". davidsuzuki.org. October 19, 2010. Retrieved May 9, 2011. [31] "Debates of the Senate, November 16, 2010". [32] "Debates of the Senate, June 1, 2010". [33] "The Canadian Senate In Focus". Parl.gc.ca. Retrieved July 1, 2010. [34] "How to legitimize Canada's Senate". Retrieved August 19, 2015. [35] "Senate votes to suspend Andrew Thompson". CBC. November 13, 1998. Retrieved April 28, 2008. [36] Jack Stillborn (November 1992). "Senate Reform Proposals in Comparative Perspective" (PDF). Library of Parliament. [37] Joyal, Serge (July 2003). Protecting Canadian Democracy: The Senate You Never Knew. McGill-Queen's University Press. ISBN 978-0-7735-2619-8. [38] "www2.parl.gc.ca". .parl.gc.ca. Retrieved January 10, 2011. [39] "www2.parl.gc.ca". .parl.gc.ca. Retrieved January 10, 2011. [40] Makarenko, Jay (October 1, 2006). "Senate Reform in Canada". MapleLeafWeb. Retrieved November 24, 2008. [41] Curry, Bill; Brian Laghli (May 19, 2008). "Saskatchewan plans to elect senators". The Globe and Mail. Retrieved November 24, 2008. [42] Yaffe, Barbara (June 22, 2008). "Move for an elected Senate will take time and patience". The Montreal Gazette. Canwest News Service. Retrieved November 28, 2008. [43] CTV.ca News Staff (May 30, 2006). "Tories to propose fixed terms for new senators". CTV.ca. Retrieved December 3, 2006. [44] "Canadians will choose senators under new bill". CBC news. December 13, 2006. Retrieved November 8, 2007. [45] "Bill C-43: An Act to provide for consultations with electors on their preferences for appointments to the Senate". [46] "Bill C-19: An Act to amend the Constitution Act, 1867 (Senate tenure)". [47] "Bill C-20: Senate Appointment Consultations Act". [48] "Text of Bill S-7, An Act to amend the Constitution Act, 1867". [49] Government of Canada (June 22, 2006). "Amendment to the Constitution of Canada—Western Provincial Representation". Debates of the Senate: 1st Session, 39th Parliament. Library of Parliament. Retrieved December 3, 2006. [50] Simon Threlkeld, "Let citizen juries choose the Senate," National Post, September 15, 2015, page A11 [51] Simon Threlkeld, "Select senators by jury," National Post online edition,September 14, 2015, http://news.nationalpost.com/full-comment/simon-threlkeld-select-senators-by-jury [52] He makes an earlier version of his proposal in the Toronto Star: Simon Threlkeld, "Juries of citizens should select senators," Toronto Star, September 9, 1998, page A17. [53] CBC News (April 18, 2007). "Harper appoints Albertan senator-in-waiting". Canada: CBC. Retrieved April 19, 2007. [54] Campion-Smith, Bruce (December 11, 2008). "Harper set to name 18 to Senate". The Star. Toronto. Retrieved May 23, 2010. [55] CTV News (September 12, 2008). "Harper to fill 18 Senate seats with Tory loyalists". Ctv.ca. [56] MacCharles, Tonda; Campion-Smith, Bruce (December 22, 2008). "Duffy, Wallin named to Senate". The Star. Toronto. Retrieved May 23, 2010. [57] CBC News (September 11, 2007). "Senate should vanish if it's not reformed: Harper". Canada: CBC. Retrieved April 26, 2014. [58] "CBC News – Canada – Dallaire, Eggleton among nine new senators". Canada: CBC. March 24, 2005. Retrieved July 1, 2010. [59] "- Tom Mulcair ambiguous if he will appoint NDP senators if party wins next election". Canada: National Post. October 14, 2013. [60] "Every Liberal Senator Booted From Caucus As Trudeau Aims To Restore Independence". The Canadian Press. Huffington Post. Retrieved January 29, 2014. [61] This motion, in calling for the elections of senators, is more specific than the current policy of holding a referendum on which direction senate reform should take. [62] Canadian Press (May 24, 2013). "Saskatchewan premier Wall no longer believes Senate can be reformed". Canada: Star Phoenix. Retrieved July 9, 2013. [63] CBC News (July 8, 2013). "Sask. Party members vote to abolish senate". Canada: CBC.ca. Retrieved July 9, 2013. [64] "Province moves toward senatorial elections". Timescolonist.com. June 3, 2011. Retrieved September 11, 2011. [65] Reference re Senate Reform 2014 SCC 32, [2014] 1 SCR 704 (25 April 2014) [66] Joanna Smith (September 9, 2015). "What to do about the Senate?". Toronto Star. [67] Harris, Kathleen (December 3, 2015). "Liberal plan to pick 'non-partisan' senators draws quick criticism B.C. Premier Christy Clark slams reforms". CBC News. CBC/Radio Canada. Retrieved December 4, 2015. [68] Galloway, Gloria (December 3, 2015). "Liberals to set up advisory board for Senate nominees, but B.C. won't take part". Globe and Mail. Toronto, Ontario, Canada. Retrieved December 4, 2015. [69] Bryden, Joan (December 6, 2015). "Trudeau's reforms do nothing to improve Senate's legitimacy, Christy Clark says". Globe and Mail. Toronto, Ontario, Canada. Retrieved December 7, 2015. [70] Baldrey, Keith (December 3, 2015). "Why Christy Clark is rejecting Justin Trudeau's reform of the Senate". Global News. Shaw Media Inc. Retrieved December 4, 2015. [71] Coyne, Andrew (December 14, 2015). "Andrew Coyne: Who asked for this kind of Senate reform?". National Post. Toronto, Ontario. Retrieved December 15, 2015. [72] Smith, Joanna (December 3, 2015). "Liberals set up non-partisan, merit-based process for choosing new senators". Toronto Star. Toronto, Ontario, Canada. Retrieved December 4, 2015. [73] "Murray Sinclair, Chantal Peticlerc among 7 new Liberal-appointed Senators". CBC. CBC News. March 18, 2016. Retrieved March 18, 2016. [74] The Canadian Press; no by-line.--> (January 19, 2016). "Two Manitoba MPs appointed to senate advisory committee". CTV Winnipeg. CTV/Bell Media. Retrieved January 19, 2016. [75] Tasker, John Paul (January 19, 2016). "Senate advisory board named, 1st appointments expected within weeks". CBC News. CBC/Radio Canada. Retrieved January 19, 2016. The board will consult with labour groups, chambers of commerce and the arts community to suggest a short list of five individuals for each vacancy. - Department of Justice. (2004). Constitution Acts, 1867 to 1982. - Forsey, Eugene. (2003). "How Canadians Govern Themselves." - The Parliament of Canada. Official Website. - A Legislative and Historical Overview of the Canadian Senate Bibliography - Franco, Guida (2006). Canadian Almanac & Directory 2006. Toronto: Micromedia ProQuest, 3–42. ISBN 1-895021-90-1. External links - Senate of Canada – official website House of Commons of Canada "Green Chamber" redirects here. For other uses, see Green room (disambiguation). The House of Commons of Canada (French: Chambre des communes du Canada) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the Senate.² The House of Commons chamber is located in the Centre Block of the Parliament Buildings on Parliament Hill in Ottawa. The House of Commons is a democratically elected body whose members are known as Members of Parliament (MPs). There were 308 members in the last Parliament (most members elected in 2011), but that number has risen to 338 following the election on Monday October 19, 2015.² ³ ⁴ ⁵ Members are elected by simple plurality ('first-past-the-post' system) in each of the country's electoral districts, which are colloquially known as ridings.⁶ MPs may hold office until Parliament is dissolved and serve for constitutionally limited terms of up to five years after an election. Historically however, terms have ended before their expiry and the sitting government has typically dissolved parliament within four years of an election according to a long-standing convention. In any case, an Act of Parliament now limits each term to four years. Seats in the House of Commons are distributed roughly in proportion to the population of each province and territory. However, some ridings are more populous than others, and the Canadian constitution contains some special provisions regarding provincial representation. As a result, there is some interprovincial and regional malapportionment relative to population. The House of Commons was established in 1867, when the British North America Act—now called the Constitution Act, 1867—created the Dominion of Canada, and was modelled on the British House of Commons. The lower of the two houses making up the parliament, the House of Commons in practice holds far more power than the upper house, the Senate. Although the approval of both Houses is necessary for legislation, the Senate very rarely rejects bills passed by the Commons (though the Senate does occasionally amend bills). Moreover, the Government of Canada is responsible solely to the House of Commons. The Prime Minister stays in office only as long as he or she retains the support, or "confidence", of the lower house. Name See also: House of Commons The term derives from the Anglo-Norman word communes, referring to the geographic and collective "communities" of their parliamentary representatives and not the third estate, the commonality.⁷ This distinction is made clear in the official French name of the body, Chambre des communes. Canada and the United Kingdom remain the only countries to use the name "House of Commons" for a lower house of parliament. History The House of Commons came into existence in 1867, when the British Parliament passed the British North America Act, uniting the Province of Canada (which was separated into Quebec and Ontario), Nova Scotia and New Brunswick into a single federation called the Dominion of Canada. The new Parliament of Canada consisted of the Queen (represented by the Governor General, who also represented the Colonial Office), the Senate and the House of Commons. The Parliament of Canada was based on the Westminster model (that is, the model of the Parliament of the United Kingdom). Unlike the Parliament of the United Kingdom, the powers of the Parliament of Canada were limited in that other powers were assigned exclusively to the provincial legislatures. The Parliament of Canada also remained subordinate to the British Parliament, the supreme legislative authority for the entire British Empire. Greater autonomy was granted by the Statute of Westminster 1931,⁸ after which new Acts of the British Parliament did not apply to Canada, with some exceptions. These exceptions were removed by the Canada Act 1982.⁹ From 1867, the Commons met in the same chamber until that was destroyed by fire in 1916. It relocated to the amphitheatre of the Victoria Memorial Museum—what is today the Canadian Museum of Nature, where it met until 1922. Since then, the Commons has sat in its current chamber. Members and electoral districts Main article: Electoral district (Canada) The House of Commons comprises 338 members, each of whom represents a single electoral district (also called a riding). The constitution specifies a basic minimum of 295 electoral districts, but additional seats are allocated according to various clauses. Seats are distributed among the provinces in proportion to population, as determined by each decennial census, subject to the following exceptions made by the constitution. Firstly, the "senatorial clause" guarantees that each province will have at least as many MPs as Senators.¹⁰ Secondly, the "grandfather clause" guarantees each province has at least as many Members of Parliament now as it had in 1985.¹⁰ As a result of these clauses, smaller provinces and provinces that have experienced a relative decline in population have become over-represented in the House. Ontario, British Columbia, and Alberta are under-represented in proportion to their populations, while the other seven provinces (Saskatchewan, Manitoba, Quebec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador) are over-represented. Boundary commissions, appointed by the federal government for each province, have the task of drawing the boundaries of the electoral districts in each province. Territorial representation is independent of population; each territory is entitled to only one seat. The calculation for the provinces is done with a base of 279 seats.¹⁰ The total population of the provinces (excluding the territories) is then divided by 279 to equal the electoral quotient.¹⁰ The population of the province is then divided by the electoral quotient to equal the base provincial-seat allocation.¹⁰ ¹¹ The "special clauses" are then applied to increase the number of seats for certain provinces, bringing the total number of seats (with the three seats for the territories) to 338.¹⁰ The last redistribution of seats occurred subsequent to the 2011 census.¹⁰ The Fair Representation Act (Bill C-20) was passed and given royal assent on 16 December 2011, and effectively allocated fifteen additional seats to Ontario, six new seats each to Alberta and British Columbia, and three more to Quebec.⁵ ¹² The following tables summarize representation in the House of Commons by province and territory:¹³ (→ increase for the 2015 federal election) Elections General elections occur whenever Parliament is dissolved by the Governor General on the Queen's behalf. The timing of the dissolution has historically been chosen by the Prime Minister. The Constitution Act, 1867 provides that a Parliament last no longer than five years. Canadian election law requires that elections must be held on the third Monday in October in fourth year after the last election, subject to the discretion of the Crown.¹⁴ Campaigns must be at least 36 days long. Candidates are usually nominated by political parties. It is possible for a candidate to run independently, although it is rare for such a candidate to win. Most successful independent candidates have been incumbents who were expelled from their political parties (for example, John Nunziata in 1997) or who failed to win their parties' nomination (for example, Chuck Cadman in 2004). The most recent exception to this was the election of André Arthur in a Quebec City district in 2006. Most Canadian candidates are chosen in meetings called by their party's local association. In practice, the candidate who signs up the most local party members generally wins the nomination. To run for a seat in the House, candidates must file nomination papers bearing the signatures of at least 50 or 100 constituents (depending on the size of the electoral district). Each electoral district returns one member using the first-past-the-post electoral system, under which the candidate with a plurality of votes wins. To vote, one must be a citizen of Canada and at least eighteen years of age. Once elected, a Member of Parliament normally continues to serve until the next dissolution of Parliament. If a member dies, resigns, or ceases to be qualified, his or her seat falls vacant. It is also possible for the House of Commons to expel a member, but this power is only exercised when the member has engaged in serious misconduct or criminal activity. Formerly, MPs appointed to cabinet were expected to resign their seats, though this practice ceased in 1931. In each case, a vacancy may be filled by a by-election in the appropriate electoral district. The first-past-the-post system is used in by-elections, as in general elections.¹⁵ Perquisites The term member of Parliament is usually used only to refer to members of the House of Commons, even though the Senate is also a part of Parliament. Members of the House of Commons may use the post-nominal letters "MP". The annual salary of each member of Parliament is, as of 2016, $170,400;¹⁶ members may receive additional salaries in right of other offices they hold (for instance, the Speakership). MPs rank immediately below senators in the order of precedence. Qualifications Under the Constitution Act, 1867, Parliament is empowered to determine the qualifications of members of the House of Commons. The present qualifications are outlined in the Canada Elections Act, which was passed in 2000. Under the act, an individual must be an eligible voter, as of the day on which he or she is nominated, in order to stand as a candidate. Thus, minors and individuals who are not citizens of Canada are not allowed to become candidates. The Canada Elections Act also bars prisoners from standing for election (although they may vote). Moreover, individuals found guilty of election-related crimes are prohibited from becoming members for five years (in some cases, seven years) after conviction. The act also prohibits certain officials from standing for the House of Commons. These officers include members of provincial and territorial legislatures (although this was not always the case), sheriffs, crown attorneys, most judges, and election officers. The Chief Electoral Officer and Assistant Chief Electoral Officer (the heads of Elections Canada, the federal agency responsible for conducting elections) are prohibited not only from standing as candidates, but also from voting. Finally, under the Constitution Act, 1867, a member of the Senate may not also become a member of the House of Commons and MPs must give up their seats when appointed to the Senate or the bench. Officers and symbols The House of Commons elects a presiding officer, known as the Speaker,² at the beginning of each new parliamentary term, and also whenever a vacancy arises. Formerly, the Prime Minister determined who would serve as Speaker. Although the House voted on the matter, the voting constituted a mere formality. Since 1986, however, the House has elected Speakers by secret ballot. The Speaker is assisted by a Deputy Speaker, who also holds the title of Chair of Committees of the Whole. Two other deputies—the Deputy Chair of Committees of the Whole and the Assistant Deputy Chair of Committees of the Whole—also preside. The duties of presiding over the House are divided between the four officers aforementioned; however, the Speaker usually presides over Question Period and over the most important debates. The Speaker controls debates by calling on members to speak. If a member believes that a rule (or Standing Order) has been breached, he or she may raise a "point of order", on which the Speaker makes a ruling that is not subject to any debate or appeal. The Speaker may also discipline members who fail to observe the rules of the House. When presiding, the Speaker must remain impartial. The Speaker also oversees the administration of the House and is Chair of the Board of Internal Economy, the governing body for the House of Commons. The current Speaker of the House of Commons is the Honourable Geoff Regan, MP. The member of the Government responsible for steering legislation through the House is Leader of the Government in the House of Commons. The Government House Leader (as he or she is more commonly known) is a Member of Parliament selected by the Prime Minister and holds cabinet rank. The Leader manages the schedule of the House of Commons, and attempts to secure the Opposition's support for the Government's legislative agenda. Officers of the House who are not members include the Clerk of the House of Commons, the Deputy Clerk, the Law Clerk and Parliamentary Counsel, and several other clerks. These officers advise the Speaker and members on the rules and procedure of the House in addition to exercising senior management functions within the House administration. Another important officer is the Sergeant-at-Arms, whose duties include the maintenance of order and security on the House's premises and inside the buildings of the Parliamentary precinct. (The RCMP patrol Parliament Hill but are not allowed into the buildings unless asked by the Speaker). The Sergeant-at-Arms also carries the ceremonial mace, a symbol of the authority of the Crown and of the House of Commons, into the House each sitting. The House is also staffed by parliamentary pages, who carry messages to the members in the Chamber and otherwise provide assistance to the House. The Commons' mace has the shape of a medieval mace which was used as a weapon, but in brass and ornate in detail and symbolism. At its bulbous head is a replica of the Imperial State Crown; the choice of this crown for the Commons' mace differentiates it from the Senate's mace, which has St. Edward's Crown at its apex. The Commons mace is placed upon the table in front of the speaker for the duration of the sitting with the crown pointing towards the prime minister and the other cabinet ministers, who advise the Queen and governor general and are accountable to this chamber (in the Senate chamber, the mace points towards the throne, where the Queen has the right to sit herself). Carved above the speaker's chair are the Royal Arms of the United Kingdom. This chair was a gift from the United Kingdom Branch of the Empire Parliamentary Association in 1921, to replace the chair that was destroyed by the fire of 1916, and was an exact replica of the chair in the British House of Commons at the time. These arms at its apex were considered the royal arms for general purposes throughout the British empire at the time. Since 1931, however, Canada has been an independent country and the Canadian Coat of Arms are now understood to be the royal arms of the Queen of Canada. Escutcheons of the same original royal arms can be found on each side of the speaker's chair held by a lion and a unicorn. In response to a campaign by Bruce Hicks for the Canadianization of symbols of royal authority and to advance the identity of parliamentary institutions,¹⁷ a proposal that was supported by Speakers of the House of Commons John Fraser and Gilbert Parent, a Commons committee was eventually struck following a motion by MP Derek Lee, before which Hicks and Robert Watt, the first Chief Herald of Canada, were called as the only two expert witnesses, though Senator Serge Joyal joined the committee on behalf of the Senate. Commons' Speaker Peter Milliken then asked the governor general to authorize such a symbol. In the United Kingdom, the House of Commons and the House of Lords use the royal badge of the portcullis, in green and red respectively, to represent those institutions and to distinguish them from the government, the courts and the monarch. The Canadian Heraldic Authority on 15 April 2008 granted the House of Commons, as an institution, a badge consisting of the chamber's mace (as described above) behind the escutcheon of the shield of the Royal Arms of Canada (representing the Queen herself, in whose name the House of Commons deliberates).¹⁸ Procedure Like the Senate, the House of Commons meets on Parliament Hill in Ottawa. The Commons Chamber is modestly decorated in green, in contrast with the more lavishly furnished red Senate Chamber. The arrangement is similar to the design of the Chamber of the British House of Commons.¹⁹ The seats are evenly divided between both sides of the Chamber, three sword-lengths apart (about three metres).²⁰ The Speaker's chair (which can be adjusted for height) is at the north end of the Chamber. In front of it is the Table of the House, on which rests the ceremonial mace. Various "Table Officers"—clerks and other officials—sit at the Table, ready to advise the Speaker on procedure when necessary. Members of the Government sit on the benches on the Speaker's right, while members of the Opposition occupy the benches on the Speaker's left. Government ministers sit around the Prime Minister, who is traditionally assigned the 11th seat in the front row on the Speaker's right-hand side. The leader of the Official Opposition sits directly across from the Prime Minister and is surrounded by a Shadow Cabinet, or critics for the government portfolios. The remaining party leaders sit in the front rows. Other Members of Parliament who do not hold any kind of special responsibilities are known as "backbenchers". The House usually sits Monday to Friday from late January to mid-June and from mid-September to mid-December according to an established calendar, though it can modify the calendar if additional or fewer sittings are required.² During these periods, the House generally rises for one week per month to allow members to work in their constituencies. Sittings of the House are open to the public. Proceedings are broadcast over cable and satellite television and over live streaming video on the Internet by CPAC owned by a consortium of Canadian cable companies. They are also recorded in text form in print and online in Hansard, the official report of parliamentary debates. The Constitution Act, 1867 establishes a quorum of twenty members (including the member presiding) for the House of Commons. Any member may request a count of the members to ascertain the presence of a quorum; if, however, the Speaker feels that at least twenty members are clearly in the Chamber, he or she may deny the request. If a count does occur, and reveals that fewer than twenty members are present, the Speaker orders bells to be rung, so that other members on the parliamentary precincts may come to the Chamber. If, after a second count, a quorum is still not present, the Speaker must adjourn the House until the next sitting day. During debates, members may only speak if called upon by the Speaker (or, as is most often the case, the deputy presiding). The Speaker is responsible for ensuring that members of all parties have an opportunity to be heard. The Speaker also determines who is to speak if two or more members rise simultaneously, but his or her decision may be altered by the House. Motions must be moved by one member and seconded by another before debate may begin. Some motions, however, are non-debatable. Speeches² may be made in either of Canada's official languages (English and French), and it is customary for bilingual members of parliament to respond to these in the same language they were made in. It is common for bilingual MPs to switch between the languages during speeches. Members must address their speeches to the presiding officer, not the House, using the words "Mr. Speaker" ("Monsieur le Président") or "Madam Speaker" ("Madame la Présidente"). Other members must be referred to in the third person. Traditionally, members do not refer to each other by name, but by constituency or cabinet post, using forms such as "the honourable member for [electoral district]" or "the Minister of..." Members' names are routinely used only during roll call votes, in which members stand and are named to have their vote recorded; at that point they are referred to by title (Ms. or mister for Anglophones and madame, mademoiselle, or monsieur for Francophones) and last name, except where members have the same or similar last names, at which point they would be listed by their name and riding ("M. Massé, Avignon—La Mitis—Matane—Matapédia; Mr. Masse, Windsor West....) No member may speak more than once on the same question (except that the mover of a motion is entitled to make one speech at the beginning of the debate and another at the end). Moreover, tediously repetitive or irrelevant remarks are prohibited, as are written remarks read into the record (although this behaviour is creeping into modern debate). The presiding officer may order a member making such remarks to cease speaking. The Standing Orders of the House of Commons prescribe time limits for speeches. The limits depend on the nature of the motion, but are most commonly between ten and twenty minutes. However, under certain circumstances, the Prime Minister, the Leader of the Official Opposition, and others are entitled to make longer speeches. Debate may be further restricted by the passage of "time allocation" motions. Alternatively, the House may end debate more quickly by passing a motion for "closure". When the debate concludes, the motion in question is put to a vote. The House first votes by voice vote; the presiding officer puts the question, and members respond either "yea" (in favour of the motion) or "nay" (against the motion). The presiding officer then announces the result of the voice vote, but five or more members may challenge his or her assessment, thereby forcing a recorded vote (known as a division, although, in fact, the House does not divide for votes the way the British House of Commons does). First, members in favour of the motion rise, so that the clerks may record their names and votes. Then, the same procedure is repeated for members who oppose the motion. There is no formal means for recording an abstention, though a member may informally abstain by remaining seated during the division. If there is an equality of votes, the Speaker has a casting vote. The outcome of most votes is largely known beforehand, since political parties normally instruct members on how to vote. A party normally entrusts some Members of Parliament, known as whips, with the task of ensuring that all party members vote as desired. Members of Parliament do not tend to vote against such instructions, since those who do so are unlikely to reach higher political ranks in their parties. Errant members may be deselected as official party candidates during future elections, and, in serious cases, may be expelled from their parties outright. Thus, the independence of Members of Parliament tends to be extremely low, and "backbench rebellions" by members discontent with their party's policies are rare. In some circumstances, however, parties announce "free votes", allowing Members to vote as they please. This may be done on moral issues and is routine on private members' bills. Committees Main article: Standing committee (Canada) See also: List of committees of the Canadian House of Commons The Parliament of Canada uses committees for a variety of purposes. Committees consider bills in detail, and may make amendments. Other committees scrutinize various Government agencies and ministries. Potentially, the largest of the Commons committees are the Committees of the Whole, which, as the name suggests, consist of all the members of the House. A Committee of the Whole meets in the Chamber of the House, but proceeds under slightly modified rules of debate. (For example, a member may make more than one speech on a motion in a Committee of the Whole, but not during a normal session of the House.) Instead of the Speaker, the Chairman, Deputy Chairman, or Assistant Deputy Chairman presides. The House resolves itself into a Committee of the Whole to discuss appropriation bills, and sometimes for other legislation. The House of Commons also has several standing committees, each of which has responsibility for a particular area of government (for example, finance or transport). These committees oversee the relevant government departments, may hold hearings and collect evidence on governmental operations and review departmental spending plans. Standing committees may also consider and amend bills. Standing committees consist of between sixteen and eighteen members each, and elect their own chairmen. Some bills are considered by legislative committees, each of which consists of up to fifteen members. The membership of each legislative committee roughly reflects the strength of the parties in the whole House. A legislative committee is appointed on an ad hoc basis to study and amend a specific bill. In addition, the Chairman of a legislative committee is not elected by the members of the committee, but is instead appointed by the Speaker, normally from among his deputies. Most bills, however, are referred to standing committees rather than legislative committees. The House may also create ad hoc committees to study matters other than bills. Such committees are known as special committees. Each such body, like a legislative committee, may consist of no more than fifteen members. Other committees include joint committees, which include both members of the House of Commons and senators; such committees may hold hearings and oversee government, but do not revise legislation. Legislative functions Further information: Act of Parliament Although legislation may be introduced in either House, most bills originate in the House of Commons. In conformity with the British model, the Lower House alone is authorized to originate bills imposing taxes or appropriating public funds. This restriction on the power of the Senate is not merely a matter of convention, but is explicitly stated in the Constitution Act, 1867. Otherwise, the power of the two Houses of Parliament is theoretically equal; the approval of each is necessary for a bill's passage. In practice, however, the House of Commons is the dominant chamber of Parliament, with the Senate very rarely exercising its powers in a way that opposes the will of the democratically elected chamber. The last major bill defeated in the Senate came in 2010, when a bill passed by the Commons concerning climate change was rejected in the Upper House by a vote.²¹ A clause in the Constitution Act, 1867 permits the Governor General (with the approval of the Queen) to appoint up to eight extra senators to resolve a deadlock between the two houses. The clause was invoked only once, in 1990, when Prime Minister Brian Mulroney advised the appointment of an additional eight senators in order to secure the Upper House's approval for the Goods and Services Tax. Relationship with the executive Though it does not formally elect the prime minister, the House of Commons indirectly controls the premiership. By convention, the prime minister is answerable to, and must maintain the support of, the House of Commons. Thus, whenever the office of prime minister falls vacant, the governor general has the duty of appointing the person most likely to command the support of the House—normally the leader of the largest party in the lower house, although the system allows a coalition of two or more parties. This has not happened in the Canadian federal parliament, but has occurred in Canadian provinces. The leader of the second-largest party (or in the case of a coalition, the largest party out of government) usually becomes the Leader of the Official Opposition. Moreover, the prime minister is, by unwritten convention, a member of the House of Commons, rather than of the Senate. Only two prime ministers governed from the Senate: Sir John Abbott (1891–1892) and Sir Mackenzie Bowell (1894–1896). Both men got the job following the death of a Prime Minister, and did not contest elections. The prime minister may only stay in office as long as he or she retains the confidence of the House of Commons. The lower house may indicate its lack of support for the government by rejecting a motion of confidence, or by passing a motion of no confidence. Important bills that form a part of the government's agenda are generally considered matters of confidence, as is any taxation or spending bill and the annual budget. When a government has lost the confidence of the House of Commons, the prime minister is obliged to either resign, or request the governor general to dissolve parliament, thereby precipitating a general election. The governor general may theoretically refuse to dissolve parliament, thereby forcing the prime minister to resign. The last instance of a governor general refusing to grant a dissolution was in 1926. Except when compelled to request a dissolution by an adverse vote on a confidence issue, the prime minister is allowed to choose the timing of dissolutions, and consequently the timing of general elections. The time chosen reflects political considerations, and is generally most opportune for the prime minister's party. However, no parliamentary term can last for more than five years from the first sitting of Parliament; a dissolution is automatic upon the expiry of this period. Normally, Parliaments do not last for full five-year terms; prime ministers typically ask for dissolutions after about three or four years. The 2006 Conservative government introduced a bill to set fixed election dates every four years, although snap elections are still permitted. This bill was approved by parliament and has now become law. Whatever the reason—the expiry of parliament's five-year term, the choice of the prime minister, or a government defeat in the House of Commons—a dissolution is followed by general elections. If the prime minister's party retains its majority in the House of Commons, then the prime minister may remain in power. On the other hand, if his or her party has lost its majority, the prime minister may resign, or may attempt to stay in power by winning support from members of other parties. A prime minister may resign even if he or she is not defeated at the polls (for example, for personal health reasons); in such a case, the premiership goes to the new leader of the outgoing prime minister's party. The House of Commons scrutinizes the ministers of the Crown through Question Period, a daily forty-five-minute period during which members have the opportunity to ask questions of the prime minister and of other Cabinet ministers. Questions must relate to the responding minister's official government activities, not to his or her activities as a party leader or as a private Member of Parliament. Members may also question committee chairmen on the work of their respective committees. Members of each party are entitled to a number of questions proportional to the party caucus' strength in the house. In addition to questions asked orally during Question Period, Members of Parliament may also make inquiries in writing. In times where there is a majority government, the House of Commons' scrutiny of the government is weak. Since elections use the first-past-the-post electoral system, the governing party tends to enjoy a large majority in the Commons; there is often limited need to compromise with other parties. (Minority governments, however, are not uncommon.) Modern Canadian political parties are so tightly organized that they leave relatively little room for free action by their MPs. In many cases, MPs may be expelled from their parties for voting against the instructions of party leaders. As well, the major parties require candidates' nominations to be signed by party leaders, thus giving the leaders the power to, effectively, end a politician's career. Thus, defeats of majority governments on issues of confidence are very rare. Paul Martin's Liberal minority government lost a vote of no confidence in 2005; the last time this had occurred was in 1979, when Joe Clark's Progressive Conservative minority government was defeated after a term of just six months. Current composition See also: List of House members of the 42nd Parliament of Canada, Party standings in the House of Commons of Canada, and List of federal by-elections in Canada ²² Chamber design The current and original Canadian House of Commons chamber was influenced by the British House of Commons rectangular layout and that of the original St. Stephen's Chapel in the Palace of Westminster.²³ The difference from the British layout is with the use of individual chairs and tables for members, absent in the British Commons' design. With the exception of the legislatures in Nunavut (circular seating), the Northwest Territories (circular seating), and Manitoba (U-shaped seating), all other Canadian provincial legislatures share the common design of the Canadian House of Commons. Public Works and Government Services Canada undertook work during the 41st Parliament to determine how the seating arrangement could be modified to accommodate the additional 30 seats added in the 2015 election. Ultimately, new "theater" seats were designed, with five seats in a row at one desk, the seats pulling down for use. Such seat sets now comprise almost the entire length of the last two rows on each side of the chamber.²⁴ Additionally, the current chamber will undergo renovations starting 2018 and relocate during the period of reconstruction to the courtyard of the West Block.²⁵ See also Parties and elections - Elections Canada - List of Canadian federal electoral districts - List of Canadian federal general elections - Party standings in the House of Commons of Canada - List of political parties in Canada Parliaments and members - List of Canadian federal parliaments + List of House members of the 41st Parliament of Canada + List of House members of the 40th Parliament of Canada + List of House members of the 39th Parliament of Canada + List of House members of the 38th Parliament of Canada + List of Members of the Canadian House of Commons with military service + Women in the 41st Canadian Parliament + Women in the 40th Canadian Parliament + Women in the 39th Canadian Parliament - Procedural officers and senior officials of the parliament of Canada - Senate of Canada - Centre Block - Joint Address Offices Off Parliament Hill MPs have some offices at Justice Building or Confederation Building down Wellington Street near the Supreme Court of Canada. References [1] "Indemnities, Salaries and Allowances". Library of Parliament. Retrieved 1 Oct 2016. [2] Guide to the Canadian House of Commons (PDF). Library and Archives Canada Cataloguing in Publication. House of Commons of Canada. ISBN 0-662-68678-0. Retrieved 29 September 2007. [3] "Members of the House of Commons – Current List – By Name". Parliament of Canada. Government of Canada. Retrieved 25 September 2007. [4] "Members of Parliament". Parliament of Canada. Government of Canada. Retrieved 25 September 2007. [5] Thandi Fletcher (16 December 2011). "Crowded House: Parliament gets cozier as 30 seats added". Canada.com. Postmedia News. Retrieved 19 December 2011. [6] "Elections Canada On-Line". Electoral Insight. 21 November 2006. Retrieved 29 September 2007. [7] A. F. Pollard, The Evolution of Parliament (Longmans, 1920), 107–08. [8] "The Statute of Westminster, 1931 – History – Intergovernmental Affairs". Privy Council Office. Government of Canada. 13 September 2007. Retrieved 25 September 2007. [9] "The Constitution Act, 1982". The Solon Law Archive. W.F.M. Retrieved 25 September 2007. [10] Department of Justice (Canada) (2 November 2009). "Constitution Acts, 1867 to 1982". Retrieved 9 November 2009. [11] Jackson & Jackson, Politics in Canada, Prentice Hall, Toronto, p 438 [12] "41st Parliament, 1st Session, Bill C-20". Parliament of Canada. Government of Canada. Retrieved 19 December 2011. [13] Elections Canada (2012). "House of Commons Seat Allocation by Province". Retrieved 2 November 2015. [14] Canada Elections Act, Section 56.1(2). [15] "The Electoral System of Canada : The Political System". Elections Canada. Retrieved 11 November 2016. [16] http://www.lop.parl.gc.ca/ParlInfo/Lists/Salaries.aspx?Menu=HOC-Politic&Section=03d93c58-f843-49b3-9653-84275c23f3fb [17] Hicks, Bruce. A 'Call to Arms' for the Canadian Parliament" (Canadian Parliamentary Review 23:4). [18] Canadian Heraldic Authority. "Public Register of Arms, Flags and Badges of Canada > House of Commons of Canada". Queen's Printer for Canada. Retrieved 8 August 2010. [19] Archived 11 June 2009 at the Wayback Machine. [20] "Tuesday, June 20, 1995 (222)". House of Commons Hansard. Parliament of Canada. Retrieved 29 September 2007. [21] "Senate vote to kill Climate Act disrespects Canadians and democracy". davidsuzuki.org. 19 October 2010. Retrieved 9 May 2011. [22] "Party Standings in the House of Commons". parl.gc.ca. Retrieved 4 February 2017. [23] The Commons Chamber in the 16th Century – UK Parliament. Parliament.uk (21 April 2010). Retrieved on 12 April 2014. [24] O'Mally, Kady. "House of Commons a no-go zone for tourists this summer". CBC.ca. Retrieved 25 July 2014. [25] $42M for Temporary House of Commons under Glass Dome. Abcbuzz.com. Retrieved on 12 April 2014. Bibliography - David E. Smith (2007). The people's House of Commons: theories of democracy in contention. University of Toronto Press. ISBN 978-0-8020-9465-0. - Department of Justice. (2004). Constitution Acts, 1867 to 1982. - Dawson, W F (1962). Procedure in the Canadian House of Commons. University of Toronto Press. OCLC 502155. Also under OCLC 252298936. - Forsey, Eugene (1904–1991). (1st edition published 1980, 6th edition, 2005). "How Canadians Govern Themselves." - House of Commons Table Research Branch. (2006). Compendium of Procedure. - The Parliament of Canada. Official Website. - Canada's House of Commons from The Canadian Encyclopedia Judicial branch Court system of Canada The court system of Canada forms the judicial branch of government, formally known as "the Queen on the Bench",¹ which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial or territorial. The Canadian constitution gives the federal government the exclusive right to legislate criminal law while the provinces have exclusive control over civil law. The provinces have jurisdiction over the administration of justice in their territory. Almost all cases, whether criminal or civil, start in provincial courts and may be eventually appealed to higher level courts. The quite small system of federal courts only hears cases concerned with matters which are under exclusive federal control, such as federal taxation, federal administrative agencies, intellectual property, some portions of competition law and certain aspects of national security. The federal government appoints and pays for both the judges of the federal courts and the judges of the superior and appellate level courts of each province. The provincial governments are responsible for appointing judges of the lower provincial courts. Provincial administrative tribunals also comprise part of provincial courts. This intricate interweaving of federal and provincial powers is typical of the Canadian constitution. Outline of the court system Very generally speaking, Canada's court system is a four-level hierarchy as shown below from highest to lowest in terms of legal authority. Each court is bound by the rulings of the courts above them; however, they are not bound by the rulings of other courts at the same level in the hierarchy. Civil courts in Quebec, in particular, are under no obligation to apply judicial precedent—the principle of stare decisis—which is the general rule elsewhere in Canada. This is because Quebec's civil law is entirely codified, while civil law in the other nine provinces grew out of the English common law. A note on terminology There are two terms used in describing the Canadian court structure which can be confusing, and clear definitions are useful at the outset. Provincial courts The first is the term "provincial court," which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the Legislature of a province, under its constitutional authority over the Administration of Justice in the Province, set out in s. 92(14) of the Constitution Act, 1867.² This head of power gives the Provinces the power to regulate "... the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts." All courts created by a Province, from the small claims court or municipal by-law court, up to the provincial Court of Appeal, are "provincial courts" in this general sense. However, there is a more limited meaning to the term. In most provinces, the "Provincial Court" is the term used to refer to a specific court created by the Province which is the main criminal court, having jurisdiction over most criminal offences except for the most serious ones. The Provincial Court of a particular province may also have a limited civil jurisdiction, over small claims and some family law matters. The exact scope of the jurisdiction of a Provincial Court will depend on the laws enacted by the particular province. Provincial Courts in this sense are courts of limited statutory jurisdiction, sometimes referred to as "inferior courts." As courts of limited jurisdiction, their decisions are potentially subject to judicial review by the superior courts via the prerogative writs, but in most cases there are now well-established statutory rights of appeal instead. To distinguish between the two meanings of the term, capitalization is used. A reference to a "provincial court" normally is a reference to the broad meaning of the term, any court created by the Province. A reference to "Provincial Court" normally is referring to the specific court of limited statutory jurisdiction, created by the Province. Superior courts The second is the term "superior courts." This term also has two different meanings, one general and one specific. The general meaning is that a superior court is a court of inherent jurisdiction. Historically, they are the descendants of the royal superior courts in England. The decisions of a superior court are not subject to review, unless a statute specifically provides for review or appeal. The term is not limited to trial courts. The Federal Court of Appeal and the provincial and territorial Courts of Appeal are all superior courts. The more limited sense is that "Superior Court" can be used to refer to the superior trial court of original jurisdiction in the Province. This terminology is used in the court systems of Ontario and Quebec. The difference between the two terms is also indicated by capitalisation. The term "superior court" is used to mean the general sense of the term, while "Superior Court" is used to refer to specific courts in provinces which use that term to designate their superior trial courts. Supreme Court of Canada Main article: Supreme Court of Canada The Supreme Court is established by the Supreme Court Act³ as the "General Court of Appeal for Canada." The Court currently consists of nine justices, which include the Chief Justice of Canada and eight puisne justices. The court's duties include hearing appeals of decisions from the appellate courts (to be discussed next) and, on occasion, delivering references (i.e., the court's opinion) on constitutional questions raised by the federal government. By law, three of the nine justices are appointed from Quebec because of Quebec's use of civil law. The Constitution Act, 1867 gives the federal Parliament the power to create a "General Court of Appeal for Canada."⁴ Following Confederation, the Conservative government of Sir John A. Macdonald proposed the creation of a Supreme Court and introduced two bills in successive sessions of Parliament to trigger public debate on the proposed court and its powers.⁵ Eventually, in 1875, the Liberal government of Alexander Mackenzie passed an Act of Parliament which established the Supreme Court.⁶ The 1875 Act built upon the proposals introduced by the Macdonald government, and passed with bipartisan support.⁷ Initially, decisions of the Supreme Court could be appealed to the Judicial Committee of the British Privy Council. As well, litigants could appeal directly from the provincial courts of appeal directly to the Judicial Committee, by-passing the Supreme Court entirely. There was a provision in the 1875 Act which attempted to limit appeals to the Judicial Committee. That clause resulted in the Governor General reserving the bill for consideration by the Queen-in-Council.⁸ After much debate between Canadian and British officials, royal assent was granted, on the understanding that the clause did not in fact affect the royal prerogative to hear appeals, exercised through the Judicial Committee.⁹ The question of the power of Parliament to abolish appeals to the Judicial Committee eventually was tested in the courts. In 1926, the Judicial Committee ruled that the Canadian Parliament lacked the jurisdiction to extinguish appeals to the Judicial Committee, as the right of appeal was founded in the royal prerogative and could only be terminated by the Imperial Parliament.¹⁰ Following the enactment of the Statute of Westminster, in 1933 the federal Parliament passed legislation again abolishing the right of appeal in criminal matters. In 1935, the Judicial Committee upheld the constitutional validity of that amendment.¹¹ In 1939, the federal government proposed a reference to the Supreme Court of Canada, asking whether the federal Parliament could terminate all appeals to the Judicial Committee. By a 4-2 decision, the Supreme Court held that the proposal was within the powers of the federal Parliament and would be constitutional.¹² The question was then appealed to the Judicial Committee, but the hearing of the appeal was delayed by the outbreak of World War II.¹³ in 1946, the Judicial Committee finally heard the appeal and upheld the decision of the majority of the Supreme Court,¹⁴ clearing the way for Parliament to enact legislation to end all appeals to the Judicial Committee, whether from the Supreme Court or from the provincial courts of appeal. In 1949, Parliament passed an amendment to the Supreme Court Act which abolished all appeals, making the Court truly the Supreme Court.¹⁵ However, cases which had been instituted in the lower courts prior to the amendment could still be appealed to the Judicial Committee. The last Canadian appeal to the Judicial Committee was not decided until 1960.¹⁶ Appellate courts of the provinces and territories These courts of appeal (as listed below by province and territory in alphabetical order) exist at the provincial and territorial levels and were separately constituted in the early decades of the 20th century, replacing the former Full Courts of the old Supreme Courts of the provinces, many of which were then renamed Courts of Queens Bench. Their function is to review decisions rendered by the superior-level courts and to deliver references when requested by a provincial or territorial government as the Supreme Court does for the federal government. These appellate courts do not normally conduct trials or hear witnesses. - Court of Appeal of Alberta (ABCA)¹⁷ - Court of Appeal of British Columbia (BCCA)¹⁸ - Manitoba Court of Appeal (MBCA)¹⁹ - Court of Appeal of New Brunswick (NBCA)²⁰ - Supreme Court of Newfoundland and Labrador (Court of Appeal) (NLCA)²¹ - Court of Appeal for the Northwest Territories (NTCA)²² - Nova Scotia Court of Appeal (NSCA)²³ - Nunavut Court of Appeal (NUCA)²⁴ - Court of Appeal for Ontario (ONCA)²⁵ - Prince Edward Island Court of Appeal (PECA)²⁶ - Québec Court of Appeal (QCCA)²⁷ - Court of Appeal for Saskatchewan (SKCA)²⁸ - Court of Appeal of Yukon (YKCA)²⁹ These courts are Canada's equivalent of the Court of Appeal in England and the various State Supreme Courts and U.S. Courts of Appeals in the United States. Each of the above-listed appellate courts is the highest court from its respective province or territory. Each province's chief justice sits in the appellate court of that province. Superior-level courts of the provinces and territories These courts (as listed below by province and territory in alphabetical order) exist at the provincial and territorial levels. The superior courts are the courts of first instance for divorce petitions, civil lawsuits involving claims greater than small claims, and criminal prosecutions for indictable offences (i.e., felonies in American legal terminology). They also perform a reviewing function for judgements from the local inferior courts and administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities. - Court of Queen's Bench of Alberta (ABQB) - Supreme Court of British Columbia (BCSC) - Court of Queen's Bench of Manitoba (MBQB) - Court of Queen's Bench of New Brunswick (NBQB) - Supreme Court of Newfoundland and Labrador (Trial Division) (NLTD) - Supreme Court of the Northwest Territories (NTSC)³⁰ - Supreme Court of Nova Scotia (NSSC) - Nunavut Court of Justice (NUCJ)³¹ - Court of Ontario – Ontario Superior Court of Justice (ONSC) - Supreme Court of Prince Edward Island (PESC) - Québec Superior Court (QCCS) - Court of Queen's Bench for Saskatchewan (SKQB) - Supreme Court of Yukon (YKSC)³² Furthermore, some of these superior courts (like the one in Ontario) have specialized branches that deal only with certain matters such as family law or small claims. To complicate things further, the Ontario Superior Court of Justice has a branch called the Divisional Court that hears only appeals and judicial reviews of administrative tribunals and whose decisions have greater binding authority than those from the "regular" branch of the Ontario Superior Court of Justice. Although a court, like the Supreme Court of British Columbia, may have the word "supreme" in its name, it is not necessarily the highest court in its respective province or territory. Most provinces have special courts dealing with small claims (lawsuits for less than a certain amount of money). These are typically divisions of the superior courts in each province. Parties often represent themselves, without lawyers, in these courts. Provincial and territorial ("inferior") courts Main article: Provincial Court Each province and territory in Canada has an "inferior" or "lower" trial court, usually called a Provincial (or Territorial) Court, to hear certain types of cases. - Provincial Court of Alberta (ABPC) - Provincial Court of British Columbia (BCPC) - Provincial Court of Manitoba (MBPC) - Provincial Court of New Brunswick (NBPC) - Provincial Court of Newfoundland and Labrador (NLPC) - Territorial Court of the Northwest Territories (NTTC) - Provincial Court of Nova Scotia (NSPC) - Nunavut Court of Justice (NUCJ) - Court of Ontario – Ontario Court of Justice (ONCJ) - Provincial Court of Prince Edward Island (PEPC) - Court of Québec (QCCQ) - Provincial Court of Saskatchewan (SKPC) - Territorial Court of Yukon (YKTC) Appeals from these courts are heard either by the superior court of the province or territory or by the Court of Appeal. In criminal cases, this depends on the seriousness of the offence. These courts are created by provincial statute and only have the jurisdiction granted by statute. Accordingly, inferior courts do not have inherent jurisdiction. These courts are usually the successors of older local courts presided over by lay magistrates and justices of the peace who did not necessarily have formal legal training. However, today all judges are legally trained, although justices of the peace may not be. Many inferior courts have specialized functions, such as hearing only criminal law matters, youth matters, family law matters, small claims matters, "quasi-criminal" offences (i.e., violations of provincial statutes), or bylaw infractions. In some jurisdictions these courts serve as an appeal division from the decisions of administrative tribunals. Federal courts In addition to the Supreme Court of Canada, there are three civil courts created by the federal Parliament under its legislative authority under s. 101 of the Constitution Act, 1867: - Federal Court of Appeal - Federal Court - Tax Court of Canada Federal Court of Appeal The Federal Court of Appeal hears appeals from decisions rendered by the Federal Court, the Tax Court of Canada and a certain group of federal administrative tribunals like the National Energy Board and the federal labour board. All judges of the Federal Court are ex officio judges of the Federal Court of Appeal, and vice versa, although it is rare that a judge of one court will sit as a member of the other. Federal Court The Federal Court exists primarily to review administrative decisions by federal government bodies such as the immigration board and to hear lawsuits under the federal government's jurisdiction such as intellectual property and maritime law. It also has concurrent jurisdiction with the superior trial courts of the Provinces to hear civil lawsuits brought against the federal government. The Federal Court also has jurisdiction to determine inter-jurisidctional legal actions between the federal government and a provinces, or between different provinces, provided the province in question has passed corresponding legislation granting the Federal Court jurisdiction over the dispute. In the aftermath of 9/11, Parliament enacted a number of laws to protect national security. The Federal Court has exclusive jurisdiction to determine many issues which arise under those laws relating to national security. Appeals lie from the Federal Court to the Federal Court of Appeal. Tax Court of Canada The Tax Court of Canada has a very specialised jurisdiction. It hears disputes over federal taxes, primarily under the federal Income Tax Act, between taxpayers and the federal government. Appeals lie from the Tax Court to the Federal Court of Appeal. History of the federal courts The first federal court was the Exchequer Court of Canada, created in 1875 at the same time as the Supreme Court of Canada.⁶ The Exchequer Court was a trial court, with a limited jurisdiction over civil actions brought against the federal government, tax disputes under federal tax laws, admiralty matters, compensation for expropriation of private property by the federal Crown, negligence of federal public servants, and intellectual property, including patents and copyright. The name of the court came from the Exchequer Court of England, which had a similar jurisdiction over tax disputes. At first, there were no separate judges for the Exchequer Court. The judges of the Supreme Court of Canada were also appointed to the Exchequer Court. Individual judges of the Supreme Court would sit as a judge of the Exchequer Court, with an appeal lying to the Supreme Court. The Exchequer Court did not have any jurisdiction to review the actions of federal administrative agencies. That function was fulfilled by the provincial superior trial courts. In 1971, Parliament passed the Federal Court Act³³ which abolished the Exchequer Court and created a new court, the Federal Court of Canada. That Court had two divisions: the Federal Court - Trial Division, and the Federal Court - Appeal Division. Although the two divisions had different functions, they were all part of a single court. In 2003, Parliament passed legislation which divided the Federal Court into two courts. The Federal Court - Trial Division became the Federal Court of Canada, while the Federal Court - Appeal Division became the Federal Court of Appeal. The jurisdiction of the two new courts is essentially the same as the corresponding former divisions of the Federal Court. Although the federal courts can be said to have the same prestige as the superior courts from the provinces and territories, they lack the "inherent jurisdiction" (to be explained later) possessed by superior courts such as the Ontario Superior Court of Justice. Military courts - Court Martial Appeal Court of Canada - Various military courts called courts martial: + General Court Martial + Standing Court Martial - Summary Trial hearings The courts martial are conducted and presided over by military personnel and exist for the prosecution of military personnel, as well as civilian personnel who accompany military personnel, accused of violating the Code of Service Discipline, which is found in the National Defence Act (R.S.C. 1985, Chapter N-5) and constitutes a complete code of military law applicable to persons under military jurisdiction. The decisions of the courts martial can be appealed to the Court Martial Appeal Court of Canada which, in contrast, exists outside the military and is made up of civilian judges. This appellate court is the successor of the Court Martial Appeal Board which was created in 1950, presided over by civilian judges and lawyers, and was the first ever civilian-based adjudicating body with authority to review decisions by a military court. The Court Martial Appeal Court is made up of civilian judges from the Federal Court, Federal Court of Appeal, and the superior courts of the provinces. Summary trials are ad hoc hearings used to dispense with minor service offenses. The Presiding Officer will have little formal legal training and is generally the service member's Commanding Officer. In this respect, these hearings are similar to the former lay magistrates' courts. Federal and provincial administrative tribunals Known in Canada as simply "tribunals", these are quasi-judicial adjudicative bodies, which means that they adjudicate (hear evidence and render decisions) like courts, but are not necessarily presided over by judges. Instead, the adjudicators may be experts of the very specific legal field handled by the tribunal (e.g., labour law, human rights law (known in the US as "civil rights law"), immigration law, energy law, workers' compensation law, liquor licensing law, etc.) who hear arguments and evidence provided by lawyers (also lay advocates in British Columbia or Licensed Paralegals in Ontario) before making a written decision on record. Depending on its enabling legislation, a tribunal's decisions may be reviewed by a court through an appeal or a process called judicial review. The reviewing court may be required to show some deference to the tribunal if the tribunal possesses some highly specialized expertise or knowledge that the court does not have. The degree of deference will also depend on such factors as the specific wording of the legislation creating the tribunal. Tribunals whose enabling legislation contains a privative clause are entitled to a high degree of deference, although a recent decision of the Supreme Court of Canada (Dunsmuir v. New Brunswick, 2008 SCC 9) has arguably lowered that degree of deference. Tribunals which have the power to decide questions of law may take into consideration the Canadian Charter of Rights and Freedoms, which is part of Canada's constitution. The extent to which tribunals may use the Charter in their decisions is a source of ongoing legal debate. Appearing before some administrative tribunals may feel like appearing in court, but the tribunal's procedure is relatively less formal than that of a court, and more importantly, the rules of evidence are not as strictly observed, so that some evidence that would be inadmissible in a court hearing may be allowed in a tribunal hearing, if relevant to the proceeding. While relevant evidence is admissible, evidence which the adjudicator determines to have questionable reliability, or is otherwise questionable, is most likely to be afforded little or no weight. The presiding adjudicator is normally called "Mister/Madam Chair". As is the case in court, lawyers routinely appear in tribunals advocating matters for their clients. A person does not require a lawyer to appear before an administrative tribunal. Indeed, many of these tribunals are specifically designed to be more representative to unrepresented litigants than courts. Furthermore, some of these tribunals are part of a comprehensive dispute-resolution system, which may emphasize mediation rather than litigation. For example, provincial human rights commissions routinely use mediation to resolve many human rights complaints without the need for a hearing. What tribunals all have in common is that they are created by statute, their adjudicators are usually appointed by government, and they focus on very particular and specialized areas of law. Because some subject matters (e.g., immigration) fall within federal jurisdiction while others (e.g., liquor licensing and workers' compensation) in provincial jurisdiction, some tribunals are created by federal law while others are created by provincial law. There are both federal and provincial tribunals for some subject matters such as unionized labour and human rights. Most importantly, from a lawyer's perspective, is the fact that the principle of stare decisis does not apply to tribunals. In other words, a tribunal adjudicator could legally make a decision that differs from a past decision, on the same subject and issues, delivered by the highest court in the land. Because a tribunal is not bound by legal precedent, established by itself or by a reviewing court, a tribunal is not a court even though it performs an important adjudicative function and contributes to the development of law like a court would do. Although stare decisis does not apply to tribunals, their adjudicators will likely nonetheless find a prior court decision on a similar subject to be highly persuasive and will likely follow the courts in order to ensure consistency in the law and to prevent the embarrassment of having their decisions overturned by the courts. The same is true for past decisions of the tribunal. Among the federal tribunals, there is a small group of tribunals whose decisions must be appealed directly to the Federal Court of Appeal rather than to the Federal Court Trial Division. These so-called "super tribunals" are listed in Subsection 28(1) of the Federal Court Act (R.S.C. 1985, Chapter F-7) and some examples include the National Energy Board, Canadian International Trade Tribunal, the Competition Tribunal, the Canada Industrial Relations Board (i.e. federal labour board), the Copyright Board, and the Canadian Radio-television and Telecommunications Commission ("CRTC"). Courts of inherent jurisdiction The superior courts from the provinces and territories are courts of inherent jurisdiction, which means that the jurisdiction of the superior courts is more than just what is conferred by statute. Following the principles of English common law, because the superior courts derive their authority from the Constitution, they can hear any matter unless there is a federal or provincial statute that says otherwise or that gives exclusive jurisdiction to some other court or tribunal. The doctrine of inherent jurisdiction gives superior courts greater freedom than statutory courts to be flexible and creative in the delivering of legal remedies and relief. Statutory courts The Supreme Court of Canada, the federal courts, the various appellate courts from the provinces and territories, and the numerous low-level provincial courts are statutory courts whose decision-making power is granted by either the federal parliament or a provincial legislature. The word "statutory" refers to the fact that these courts' powers are derived from a statute and is defined and limited by the terms of the statute. A statutory court cannot try cases in areas of law that are not mentioned or suggested in the statute. In this sense, statutory courts are similar to non-judicial adjudicative bodies such as administrative tribunals, boards, and commissions, which are created and given limited power by legislation. The practical implication of this is that a statutory court cannot provide a type of legal remedy or relief that is not expressly or implicitly referred to in its enabling or empowering statute. Appointment and regulation of judges Main article: Judicial appointments in Canada Judges in Canada are appointed and not elected. Judges of the Supreme Court of Canada, the federal courts, the appellate courts and the superior-level courts are appointed by the Governor-in-Council (by the Governor General on the advice of the Federal Cabinet).³⁴ Thus, judges of the Ontario Superior Court of Justice are chosen not by Ontario's provincial government but upon the recommendations of Her Majesty's Canadian Government. Meanwhile, judicial appointments to judicial posts in the so-called "inferior" or "provincial" courts are made by the local provincial governments. As judicial independence is seen by Canadian law to be essential to a functioning democracy, the regulating of Canadian judges requires the involvement of the judges themselves. The Canadian Judicial Council, made up of the chief justices and associate chief justices of the federal courts and of each province and territory, receive complaints from the public concerning questionable behaviour from members of the bench. Salaries of superior courts are set by Parliament under section 100 of the Constitution Act, 1867. Since the Provincial Judges Reference of 1997, provincial courts' salaries are recommended by independent commissions, and a similar body called the Judicial Compensation and Benefits Commission was established in 1999 for federally appointed judges. Tenure of judges and removal from the bench Judges in positions that are under federal control (federally appointed positions) are eligible to serve on the bench until age 75. In some but not all Provincial and Territorial positions, appointed judges have tenure until age 70 instead. As for removal from the bench, judges have only rarely been removed from the bench in Canada. For federally appointed judges, it is the task of The Canadian Judicial Council to investigate complaints and allegations of misconduct on the part of federally appointed judges. The Council may recommend to the (federal) Minister of Justice that the judge be removed. To do so, the Minister must in turn get the approval of both the House of Commons and the Senate before a judge can be removed from office. (The rules for provincial/territorial judges are similar, but they can be removed by a provincial or territorial cabinet.)³⁵ Languages used in court English and French are both official languages of the federal government of Canada. Either official language may be used by any person or in any pleading or process in or issuing from any Court of Canada established by Parliament under the Constitution Act, 1867.³⁶ This constitutional guarantee applies to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Tax Court of Canada, and the Court Martial Appeal Court. Parliament has expanded on that constitutional guarantee to ensure that the federal courts are institutionally bilingual.³⁷ The right to use either language in the provincial and territorial courts varies. The Constitution guarantees the right to use either French or English in the courts of Quebec³⁸ and New Brunswick.³⁹ There is a statutory right to use either English or French in the courts of Ontario⁴⁰ and Saskatchewan,⁴¹ and a limited right to use French in oral submissions in the courts of Alberta.⁴² As well, in all criminal trials under the Criminal Code, a federal statute, every accused whose language is either English or French has the right to be tried in the language of their choice.⁴³ As a result, every court of criminal jurisdiction in Canada, whether federal, provincial or territorial, must have the institutional capacity to provide trials in either language. Furthermore, under section 14 of the Canadian Charter of Rights and Freedoms a party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. In the Northwest Territories⁴⁴ and Nunavut⁴⁵ the official aboriginal languages may be used as well. Court customs Courtroom custom is largely based upon the British tradition, with a few modifications. Symbols Canadian courts derive their authority from the monarch. Consequently, the judicial system in Canada is formally known as the "The Queen on the Bench".¹ As a result, important symbols in a courtroom include the picture of the Canadian monarch and their heraldic Arms, although not all courtrooms have a picture of the monarch. Many courts display Canadian and provincial flags. In the British Columbia courts as well as in the Supreme Court of Newfoundland and Labrador, the Royal coat of arms of the United Kingdom is displayed for reasons of tradition. Dress Main article: Court dress In superior courts, lawyers wear black robes and white neck tabs, like barristers in the United Kingdom, but they do not wear wigs. Business attire is appropriate when appearing before judges of superior courts sitting in chambers and before judges of provincial or territorial courts or justices of the peace. Judges dress in barrister's robes similar to the lawyers'. Judges of some courts adorn their robes with coloured sashes. For example, Federal Court Judges' robes are adorned with a gold sash, and Tax Court of Canada Judges' robes with a purple sash. Etiquette/Decorum - Judges do not use gavels. Instead, a judge raises his or her voice (or stands up if necessary) to restore order in the courtroom. - In most jurisdictions, when entering or leaving a courtroom when there is a judge seated inside, one should bow, while standing inside the court but near the doorway, in the direction of the seated judge. Many lawyers also bow when crossing the bar. - Judges of superior courts in some provinces are traditionally addressed as "My Lord" or "My Lady," but in other provinces are referred to as "Your Honour". Judges of inferior courts are always traditionally referred to in person as "Your Honour". The practice varies across jurisdictions, with some superior court judges preferring the titles "Mister Justice" or "Madam Justice" to "Lordship".⁴⁶ Judges of the Supreme Court of Canada and of the federal-level courts prefer the use of "Mister/Madam (Chief) Justice". Justices of the Peace are addressed as "Your Worship". - Judges of inferior courts are referred to as "Judge [Surname]" while judges of superior and federal courts are referred to as "Mister/Madam Justice [Surname]," except in Ontario, where all trial judges in referred to as "Mister/Madam Justice". - A lawyer advocating in court typically uses "I" when referring to him or herself. The word "we" is not used, even if the lawyer is referring to him/herself and his/her client as a group. - The judge in court refers to a lawyer as "counsel" (not "counsellor"), or simply "Mr./Ms. [surname]". In Quebec, the title "Maître" is used. - In court, it is customary for opposing counsel to refer to one another as "my friend", or sometimes (usually in the case of Queen's Counsel) "my learned friend". - In any criminal law case, the prosecuting party is "the Crown" while the criminally prosecuted person is called the "accused" (not the "defendant"). The prosecuting lawyer is called "Crown Counsel" (or, in Ontario, "Crown attorney"). Crown counsel in criminal proceedings are customarily addressed and referred to as "Mr Crown" or "Madam Crown." - The "versus" or "v." in the style of cause of Canadian court cases is often pronounced "and" (rather than "vee" or "versus" as in the US or "against" in criminal proceedings in England, Scotland, and Australasia). For example, Roncarelli v. Duplessis would be pronounced "Roncarelli and Duplessis". Procedure - The judicial function of the Royal Prerogative is performed in trust and in the Queen's name by officers of Her Majesty's court, who enjoy the privilege granted conditionally by the sovereign to be free from criminal and civil liability for unsworn statements made within the court.⁴⁷ This dispensation extends from the notion in common law that the sovereign "can do no wrong". - There are no so-called "sidebars" where lawyers from both sides approach the bench in order to have a quiet and discreet conversation with the judge while court is in session. - Trial judges typically take a passive role during trial; however, during their charge to the jury, judges may comment upon the value of certain testimony or suggest the appropriate amount of damages in a civil case, although they are required to tell the jury that it is to make its own decision and is not bound to agree with the judge. - Jury trials are less frequent than in the United States and usually reserved for serious criminal cases. A person accused of a crime punishable by imprisonment for five years or more has the constitutional right to a jury trial. Only British Columbia and Ontario regularly use juries in civil trials. - Evidence and documents are not passed directly to the judge, but instead passed to the judge through the court clerk. The clerk, referred to as "Mister/Madam Clerk" or "Mister/Madam Registrar", also wears a robe and sits in front of the judge and faces the lawyers. - In some jurisdictions, the client sits with the general public, behind counsel's table, rather than beside his or her lawyer at counsel's table. The accused in a criminal trial sits in the prisoners box often located on the side wall opposite the jury, or in the middle of the courtroom. However it is becoming increasingly common for accused persons to sit at counsel table with their lawyers. - In four provinces (British Columbia, Alberta, Manitoba and Ontario), the superior-level courts employ judicial officers known as Masters who deal only with interlocutory motions (or interlocutory applications) in civil cases. With such Masters dealing with the relatively short interlocutory motion/application hearings, trial judges can devote more time on more lengthy hearings such as trials. In the Federal Court, a Prothonotary holds a similar positions to that of a Master. See also - Canadian legal system References [1] MacLeod, Kevin S. (2008), A Crown of Maples (PDF) (1 ed.), Ottawa: Queen's Printer for Canada, p. 17, ISBN 978-0-662-46012-1, retrieved 19 January 2015 [2] Constitution Act, 1867, s. 92(14) [3] Supreme Court Act, R.S.C. 1985, c. S-26 [4] Constitution Act, 1867, s. 101 [5] Snell and Vaughan, The Supreme Court of Canada - History of the Institution (Toronto: Osgoode Society, 1985), pp. 6-7.l [6] The Supreme and Exchequer Courts Act, S.C. 1875, c. 11. [7] Snell and Vaughan, The Supreme Court of Canada - History of the Institution, pp. 10-11 [8] Snell and Vaughan, The Supreme Court of Canada - History of the Institution, p. 16. [9] Snell and Vaughan, The Supreme Court of Canada - History of the Institution, pp. 178-179. [10] Nadan v. The King, [1926] A.C. 482 (P.C.) [11] British Coal Corporation v. The King, [1935] A.C. 500 (P.C.). [12] Reference re Supreme Court Act Amendment Act, [1940] S.C.R. 49. [13] Snell and Vaughan, The Supreme Court of Canada - History of the Institution, p. 188. [14] Reference re Privy Council Appeals, [1947] A.C. 127. [15] An Act to Amend the Supreme Court Act, S.C. 1949, c. 37. [16] Ponoka-Calmar Oils v Wakefield, [1960] A.C. 18 (P.C.). [17] Court of Appeal Act, R.S.A. 2000, c. C-30 [18] Court of Appeal Act, R.S.B.C. 1996, c. 77 [19] The Court of Appeal Act, C.C.S.M., c. C240 [20] Judicature Act, R.S.N.B. 1973, c. J-2 [21] Judicature Act, R.S.N.L. 1990, c. J-4 [22] Judicature Act, R.S.N.W.T. 1988, c. J-1 [23] Judicature Act, R.S.N.S. 1989, c. 240 [24] Judicature Act, S.N.W.T. (Nu.) 1998, c. 34 s. 1 [25] Courts of Justice Act, R.S.O. 1990, c. C.43 [26] Judicature Act, R.S.P.E.I. 1988, c. J-2.1 [27] Courts of Justice Act, C.Q.L.R., c. T-16 [28] The Court of Appeal Act, S.S. 2000, c. C-42.1 [29] Court of Appeal Act, R.S.Y. 2002, c. 47 [30] Northwest Territories Act, S.C. 2014, c. 2, s. 2; Judicature Act, R.S.N.W.T. 1988, c. J-1 [31] Nunavut Act, S.C. 1993, c. 28; Judicature Act, S.N.W.T. (Nu.) 1998, c. 34 s. 1 [32] Yukon Act, S.C. 2002, c. 7; Supreme Court Act, R.S.Y. 2002, c. 211 [33] Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10 [34] Constitution Act, 1867, s. 96 [35] "Archived copy". Archived from the original on 2011-12-06. Retrieved 2012-01-29. [36] Constitution Act, 1867, s. 133; Canadian Charter of Rights and Freedoms, s, 19(1) [37] Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), Part III, Administration of Justice. [38] Constitution Act, 1867, s. 133 [39] Canadian Charter of Rights and Freedoms, s. 19(2). [40] Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 125 and 126. [41] Language Act / Loi linguistique, S.S. 1988, c. L-6.1, s. 11 [42] Language Act, R.S.A. 2000 cL-6, s. 4 [43] Criminal Code, RSC 1985, c C-46, Part XVII. [44] Official Languages Act, R.S.N.W.T. 1988, c. O-1, s. 9(2) [45] Official Languages Act = ᑲᑎᑕᐅᓂᖓ ᐊᑕᐅᓯᕐᒧᑦ ᐃᓕᓴᕆᔭᐅᓯᒪᔪᑦ ᐅᖃᐅᓰᑦ ᐱᖁᔭᖅ, S.Nu. 2008, c. 10, s. 8 [46] Styles of address [47] "Criminal Code". Parliamentary Debates (Hansard). Senate. 17 February 2000. col. 1500–1510. - Leishman, Rory, Against Judicial Activism : The Decline of Freedom and Democracy in Canada, McGill-Queen's University Press, 2006, ISBN 0-7735-3054-1 Further reading - Morton, Frederick Lee (2002), Law, politics, and the judicial process in Canada, Frederick Lee, ISBN 1-55238-046-7 - Riddell, Troy, Lori Hausegger, Matthew Hennigar (2008), Canadian courts : law, politics, and process, Don Mills, Ont.: Oxford University Press Canada, ISBN 0-19-542373-9 External links - a searchable database containing nearly all new and many older decisions emanating from all Canadian courts and most Canadian tribunals are available at the CanLII website and the decisions of individual courts are provided through that court's website (see partial list below) - Canada's Court System from the Department of Justice Canada - Supreme Court of Canada - Federal Court and Federal Court of Appeal - Tax Court of Canada - Courts of the Northwest Territories - Courts of Yukon - Nunavut Court of Justice - Courts of British Columbia - Courts of Alberta - Courts of Manitoba - Courts of Saskatchewan - Courts of Ontario - Courts of Quebec - Courts of New Brunswick - Courts of Newfoundland - Courts of Nova Scotia - Supreme Court of Prince Edward Island - Court Martial Appeal Court of Canada - Canadian Judicial Council - Justice Canada - Judicial Appointments Press Releases (since 1999 for federal and subnational appointments) - Justice Canada - Judicial Appointments Press Releases (since 1999 for federal and subnational appointments) Supreme Court of Canada The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada, the final court of appeals in the Canadian justice system.¹ The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to Section 33 of the Canadian Charter of Rights and Freedoms (the notwithstanding clause). History Main article: History of the Supreme Court of Canada The creation of the court was provided for by the British North America Act, 1867, renamed in 1982 the Constitution Act, 1867. The first bills for the creation of a federal supreme court, introduced in the Parliament of Canada in 1869 and in 1870, were withdrawn. It was not until 8 April 1875 that a bill was finally passed providing for the creation of a Supreme Court of Canada. Prior to 1949, however, the Supreme Court did not constitute the court of last resort; litigants could appeal to the Judicial Committee of the Privy Council in London. As well, some cases could bypass the court and go directly to the Judicial Committee from the provincial courts of appeal. The Supreme Court of Canada formally became the Court of last resort for criminal appeals in 1933 and for all other appeals in 1949. The last decisions of the Judicial Committee on cases from Canada were made in the mid-1950s, as a result of their being heard in a court of first instance prior to 1949. The increase in the importance of the court was mirrored by the numbers of its members. The court was established first with six judges, and these were augmented by an additional member in 1927. It was in 1949 that the bench reached its current composition, of nine Justices. Prior to 1949, most of the appointees to the Supreme Court of Canada owed their position to political patronage. Each judge had strong ties to the party in power at the time of their appointment. In 1973, the appointment of a constitutional law professor, Bora Laskin, as chief justice represented a major turning point for the court. Increasingly in this period, appointees either came from academic backgrounds or were well-respected practitioners with several years experience in appellate courts. Laskin's federalist and liberal views were shared by Prime Minister Pierre Trudeau, who recommended Laskin's appointment to the Court. The Constitution Act, 1982, greatly expanded the role of the court in Canadian society by the addition of the Canadian Charter of Rights and Freedoms, which greatly broadened the scope of judicial review. The evolution from the Dickson court (1984–90) through to the Lamer court (1990–2000) witnessed a continuing vigour in the protection of civil liberties. Lamer's criminal law background proved an influence on the number of criminal cases heard by the court during his time as chief justice. Nonetheless, the Lamer court was more conservative with charter rights, with only about a 1% success rate for charter claimants. The appointment of Beverly McLachlin as chief justice in 2000 has resulted in a more centrist and unified court. Dissenting and concurring opinions are fewer than during the Dickson and Lamer Courts. With the 2005 appointments of Justices Louise Charron and Rosalie Abella, the court became the world's most gender-balanced national high court, four of its nine members being female.² ³ Justice Marie Deschamps' retirement on 7 August 2012 caused the number to fall to three.⁴ The appointment of Suzanne Côté on 1 December 2014 restored the number of female justices to four. Canadian judiciary The structure of the Canadian court system is pyramidal, a broad base being formed by the various provincial and territorial courts whose judges are appointed by the provincial or territorial governments. At the next level are the provinces' and territories' superior courts, where judges are appointed by the federal government. Judgments from the superior courts may be appealed to a still higher level, the provincial or territorial courts of appeal. Several federal courts also exist: the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, and the Court Martial Appeal Court of Canada. Unlike the provincial superior courts, which exercise inherent or general jurisdiction, the federal courts' jurisdiction is limited by statute. In all there are over 1,000 federally appointed judges at various levels across Canada. Appellate process The Supreme Court of Canada rests at the apex of the judicial pyramid. This institution hears appeals from the provincial courts of last resort, usually the provincial or territorial courts of appeal, and the Federal Court of Appeal (although in some matters appeals come straight from the trial courts, as in the case of publication bans and other orders that are otherwise not appealable). In most cases, permission to appeal must first be obtained from the court. Motions for leave to appeal to the court are generally heard by a panel of three judges of the court and a simple majority is determinative. By convention, this panel never explains why it grants or refuses leave in any particular case, but the court typically hears cases of national importance or where the case allows the court to settle an important issue of law. Leave is rarely granted, meaning that for most litigants, provincial courts of appeal are courts of last resort. But leave to appeal is not required for some cases, primarily criminal cases (in which a Judge below dissented on a point of law) and appeals from provincial references. A final source of cases is the referral power of the federal government. In such cases, the Supreme Court is required to give an opinion on questions referred to it by the Governor-in-Council (the Cabinet). However, in many cases, including the most recent same-sex marriage reference, the court has declined to answer a question from the Cabinet. In that case, the court said it would not decide if same-sex marriages were required by the charter of rights, because the government had announced it would change the law regardless of its opinion, and subsequently did. Constitutional interpretation The Supreme Court thus performs a unique function. It can be asked by the Governor-in-Council to hear references considering important questions of law. Such referrals may concern the constitutionality or interpretation of federal or provincial legislation, or the division of powers between federal and provincial spheres of government. Any point of law may be referred in this manner. However, the court is not often called upon to hear references. References have been used to re-examine criminal convictions that have concerned the country as in the cases of David Milgaard and Steven Truscott. The Supreme Court has the ultimate power of judicial review over Canadian federal and provincial laws' constitutional validity. If a federal or provincial law has been held contrary to the division of power provisions of one of the various constitution acts, the legislature or parliament must either live with the result, amend the law so that it complies, or obtain an amendment to the constitution. If a law is declared contrary to certain sections of the Charter of Rights and Freedoms, parliament or the provincial legislatures may make that particular law temporarily valid again against by using the "override power" of the notwithstanding clause. In one case, the Quebec National Assembly invoked this power to override a Supreme Court decision (Ford v. Quebec (A.G.)) that held that one of Quebec's language laws banning the display of English commercial signs was inconsistent with the charter. Saskatchewan used it to uphold labour laws. This override power can be exercised for five years, after which time the override must be renewed, or the decision comes into force. In some cases, the court may stay the effect of its judgments so that unconstitutional laws continue in force for a period of time. Usually this is done to give parliament or the legislature time to enact a new replacement scheme of legislation. For example, in Reference re Manitoba Language Rights, the court struck down Manitoba's laws because they were not enacted in the French language, as required by the constitution. However, the court stayed its judgment for five years to give Manitoba time to re-enact all its legislation in French. It turned out five years was insufficient so the court was asked, and agreed, to give more time. Constitutional questions may, of course, also be raised in the normal case of appeals involving individual litigants, governments, government agencies or crown corporations. In such cases the federal and provincial governments must be notified of any constitutional questions and may intervene to submit a brief and attend oral argument at the court. Usually the other governments are given the right to argue their case in the Court, although on rare occasions this has been curtailed and prevented by order of one of the court's judges. Sessions Main article: Procedures of the Supreme Court of Canada The court sits for 18 weeks of the year beginning the first Monday of October and usually runs until the end of June and sometimes into July. Hearings only take place in Ottawa, although litigants can present oral arguments from remote locations by means of a video-conference system. The court's hearings are open to the public. Most hearings are taped for delayed telecast in both of Canada's official languages. When in session, the court sits Monday to Friday, hearing two appeals a day. A quorum consists of five members for appeals. A panel of nine justices hears most cases. On the bench, the Chief Justice of Canada or, in his or her absence, the senior puisne justice, presides from the centre chair with the other justices seated to his or her right and left by order of seniority of appointment. At sittings of the court, the justices usually appear in black silk robes but they wear their ceremonial robes of bright scarlet trimmed with Canadian white mink in court on special occasions and in the Senate at the opening of each new session of Parliament. Counsel appearing before the Court may use either English or French. The judges can also use either English or French. There is simultaneous translation available to the judges, counsel, and to members of the public who are in the audience. The decision of the court is sometimes—but rarely—rendered orally at the conclusion of the hearing. In these cases, the Court may simply refer to the decision of the court below to explain its own reasons. In other cases, the court may announce its decision at the conclusion of the hearing, with reasons to follow.⁵ ⁶ ⁷ As well, in some cases, the court may not call on counsel for the respondent, if it has not been convinced by the arguments of counsel for the appellant.⁸ In very rare cases, the court may not call on counsel for the appellant and instead calls directly on counsel for the respondent.⁹ However, in most cases, the court hears from all counsel and then reserves judgment, to enable the justices to write considered reasons. Decisions of the court need not be unanimous; a majority may decide, with dissenting reasons given by the minority. Each justice may write reasons in any case if he or she chooses to do so. A Puisne Justice of the Supreme Court of Canada is referred to as The Honourable Mr/Madam Justice and the chief justice as Right Honourable. At one time, judges were addressed as My Lord or My Lady during sessions of the court, but this style of address was disapproved of by the current Chief Justice, Beverly McLachlin, who has directed lawyers to use the simpler Your Honour or Justice. The designation My Lord/My Lady continues in many provincial superior courts and in the Federal Court of Canada and Federal Court of Appeal, where it is optional. Every four years, the Judicial Compensation and Benefits Commission makes recommendations to the federal government about the salaries for federally appointed judges, including the judges of the Supreme Court. That recommendation is not legally binding on the federal government, but the federal government is generally required to comply with the recommendation unless there is a very good reason to not do so.¹⁰ The chief justice receives $370,300 while the puisne justices receive $342,800 annually.¹¹ Appointment of Justices Main article: Judicial appointments in Canada Justices of the Supreme Court of Canada are appointed by the Governor General-in-Council, a process whereby the governor general, the viceregal representative of the Queen of Canada, makes appointments based on the advice of the Queen's Privy Council for Canada. By tradition and convention, only the Cabinet, a standing committee in the larger council, advises the governor general and this advice is usually expressed exclusively through a consultation with the prime minister. Thus, the provinces and parliament have no formal role in such appointments, sometimes a point of contention. As of August, 2016 Prime Minister Justin Trudeau opened the process of application to change from the above noted appointment process. The new revised process "will permit any Canadian lawyer or judge who fits a specified criteria can apply for a seat on the Supreme Court, through the Office of the Commissioner for Federal Judicial Affairs."¹² The Supreme Court Act limits eligibility for appointment to persons who have been judges of a superior court, or members of the bar for ten or more years. Members of the bar or superior judiciary of Quebec, by law, must hold three of the nine positions on the Supreme Court of Canada.¹³ This is justified on the basis that Quebec uses civil law, rather than common law, as in the rest of the country. The 3 out of 9 proportion persists despite the fact that only 24 percent of Canada's population resides in Quebec. As explained in the Court's reasons in Reference re Supreme Court Act, ss. 5 and 6, sitting judges of the Federal Court and Federal Court of Appeal cannot be appointed to any of Quebec's three seats. By convention, the remaining six positions are divided in the following manner: three from Ontario; two from the western provinces, typically one from British Columbia and one from the prairie provinces, which rotate amongst themselves (although Alberta is known to cause skips in the rotation); and one from the Atlantic provinces, almost always from Nova Scotia or New Brunswick. A Supreme Court Justice, as with all federal judges, may sit on the bench until the age of 75 years, at which age retirement is mandatory. In 2006, an interview phase by an ad hoc committee of members of parliament was added. Justice Marshall Rothstein became the first justice to undergo the new process. The prime minister still has the final say on who becomes the candidate that is recommended to the governor general for appointment to the court. The government proposed an interview phase again in 2008, but a general election and minority parliament intervened with delays such that the Prime Minister recommended Justice Cromwell after consulting the Leader of Her Majesty's Official Opposition. Current members Further information: List of Justices of the Supreme Court of Canada Rules of the Court The Rules of the Supreme Court of Canada are located on the laws-lois.justice.gc.ca website, as well as in the Canada Gazette, as SOR/2002-216 (plus amendments). The Rules are made pursuant to subsection 97(1) of the Supreme Court Act; fees and taxes are set out near the end. Law clerks Since 1967, the court has hired law clerks to assist in legal research. Between 1967 and 1982, each puisne justice was assisted by one law clerk and the chief justice had two. From 1982, the number was increased to two law clerks for each justice.¹⁴ Currently, each justice has three law clerks.¹⁵ Typically, the law clerks are selected from among the top students of each law school across the country. Their service with the court meets in whole or in part the articling requirements of the provincial law societies as a condition of admission to the Bar. Law clerks conduct research, draft bench memoranda, and assist in drafting judgments, as well as any other research duties assigned by the law clerk's judge such as drafting speeches or articles. Building The Supreme Court of Canada Building, located southwest of Parliament Hill at 301 Wellington St. in Ottawa, is home to the Supreme Court of Canada. It also contains two court rooms used by both the Federal Court of Canada and the Federal Court of Appeal. Construction began in 1939, with the cornerstone laid by Queen Elizabeth, consort to King George VI and later Queen Mother. It was designed by Ernest Cormier. The court began hearing cases in the new building by January 1946. The building is renowned for its Art Deco decorative details,¹⁶ including two candelabrum-style fluted metal lamp standards that flank the entrance, and the marble walls and floors of the grand interior lobby¹⁷ contrasting with the châteauesque roof. In 2000, it was named by the Royal Architectural Institute of Canada as one of the top 500 buildings produced in Canada during the last millennium.¹⁸ Canada Post Corporation issued a 'Supreme Court of Canada, Ottawa' stamp on 9 June 2011 as part of the Architecture Art Déco series.¹⁷ Two flagstaffs have been erected in front of the building. A flag on one is flown daily, while the other is hoisted only on those days when the court is in session. Also located on the grounds are several statues, notably: - Prime Minister Louis St. Laurent by Elek Imredy 1976 - Two statues by Canadian sculptor Walter S. Allward: + Statue of Veritas (Truth) + Statue of Justitia (Justice) Inside there are busts of several chief justices: - John Robert Cartwright 1967–1970 - Bora Laskin 1973–1983 - Brian Dickson 1984–1990 - Antonio Lamer 1990–2000 They were all sculpted by Kenneth Phillips Jarvis (1927–2007), Q.C., RCA, a retired Under Treasurer of the Law Society of Upper Canada.¹⁹ The court was housed previously in two other locations in Ottawa: - Railway Committee Room and a number of other committee rooms at the Centre Block on Parliament Hill 1876–1889 - later used as official meeting space for the federal Opposition Party²⁰ - Old Supreme Court building on Bank Street 1889–1945 - demolished in 1955 and used as parking for Parliament Hill Cultural recognition On 9 June 2011 Canada Post issued 'Supreme Court of Canada, Ottawa' designed by Ivan Novotny (Taylor|Sprules Corporation) and based on a photograph by Philippe Landreville as part of the Art Deco series. The stamps feature a photo of the Supreme Court of Canada, designed by Ernest Cormier in 1939, and were printed by Lowe-Martin Company, Inc.¹⁷ - Supreme Court of Canada Building in Ottawa, Ontario Canada - Prime Minister Louis St. Laurent statue (1976) by Erek Imredy in front of Supreme Court of Canada, Ottawa, Ontario Canada - Walter Seymour Allward's Justitia (Justice), outside Supreme Court of Canada, Ottawa, Ontario Canada - Walter Seymour Allward's Veritas (Truth) outside Supreme Court of Canada, Ottawa, Ontario Canada See also - Supreme Court of Canada cases References [1] "Role of the Court". Supreme Court of Canada. 23 May 2014. Retrieved 2014-05-27. [2] ""New judges fill gaps in spectrum"". The Globe and Mail. 5 October 2004. Retrieved 2016-05-06. [3] " ""Two women named to Canada's supreme court"". UPI. 4 October 2004. Retrieved 2016-05-06. [4] "Supreme Court loses third veteran judge in a year with Justice Marie Deschamps' departure". Toronto Star. 18 May 2012. Retrieved 2014-05-27. [5] R. v. Beare; R. v. Higgins, [1988] 2 S.C.R. 387, para. 19. [6] Consortium Developments (Clearwater) Ltd. v. Sarnia (City), [1998] 3 S.C.R. 3, para. 1. [7] Rothmans, Benson & Hedges Inc. v. Saskatchewan, 2005 SCC 13, [2005] 1 S.C.R. 188, para. 1. [8] Whitbread v. Walley, [1990] 3 S.C.R. 1273, para. 2. [9] Rothmans, Benson & Hedges Inc. v. Saskatchewan, 2005 SCC 13, [2005] 1 S.C.R. 188. [10] Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice); Ontario Judges' Assn. v. Ontario (Management Board); Bodner v. Alberta; Conférence des juges du Québec v. Quebec (Attorney General); Minc v. Quebec (Attorney General), [2005] 2 S.C.R. 286, 2005 SCC 44, para. 21. [11] "Judges Act". Minister and Attorney General of Canada. 9 June 2014. Retrieved 23 June 2014. [12] http://www.theglobeandmail.com/opinion/why-canada-has-a-new-way-to-choose-supreme-court-judges/article31220275/ [13] Supreme Court Act, s. 6. [14] The Supreme Court of Canada / La Cour Suprême du Canada. Ottawa: Supreme Court of Canada. 2005. p. 7. [15] The Supreme Court of Canada / La Cour Suprême du Canada. Ottawa: Supreme Court of Canada. 2005. p. 26. [16] "1940 – Supreme Court of Canada, Ottawa, Ontario". archiseek.com. Retrieved 2014-05-27. [17] "Supreme Court of Canada, Ottawa" (Press release). Canada Post. 9 June 2011. Retrieved 2014-05-27. [18] Cook, Marcia (11 May 2000). "Cultural consequence". Ottawa Citizen. Canwest. Archived from the original on 30 May 2010. Retrieved 11 October 2009. [19] http://www.attorneygeneral.jus.gov.on.ca/english/mundell_medal/kenneth_jarvis_memoriam.pdf [20] Kathryn Blaze Carlson (11 May 2011). "Liberals take their leave of the Railway Room". National Post. Further reading - McCormick, Peter (2000), Supreme at last: the evolution of the Supreme Court of Canada, J. Lorimer, ISBN 1-55028-693-5 - Ostberg, Cynthia L (2007), Attitudinal decision making in the Supreme Court of Canada, UBC Press, ISBN 978-0-7748-1312-9 - Songer, Donald R (2008), The transformation of the Supreme Court of Canada: an empirical examination, University of Toronto Press, ISBN 978-0-8020-9689-0 External links - Supreme Court of Canada website - Supreme Court of Canada Library Catalogue - Opinions of the Supreme Court of Canada - searchable database of SCC decisions (to 1948, with select older cases) via CanLII - Supreme Court of Canada from www.marianopolis.edu - Explore the Virtual Charter—Charter of Rights website with video, audio and the Charter in more than twenty languages - The appointment process and reform - SCC building from official site - SCC Building Coordinates: 45°25′19″N 75°42′20″W / 45.42195°N 75.705682°W Federal Court of Appeal (Canada) The Federal Court of Appeal (French: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History The court was created on July 2, 2003, by the Courts Administration Service Act when it and the Federal Court were split from its predecessor, the Federal Court of Canada. Administration The Federal Court of Appeal hears appeals from the Federal Court, Tax Court of Canada, and certain federal tribunals, as well as applications for judicial review from certain other federal tribunals.¹ Salaries are determined annually by the Judicial Compensation and Benefits Commission. The Chief Justice receives $315,900 while other judges earn $288,100 annually.² Notable decisions In April 2014, the court ruled in favour of the Métis people in a case involving extending protections to Aboriginal peoples in Canada who lived off-reserve.³ In September 2015, the court dismissed an appeal by the Government of Canada over a ruling by the Federal Court that found a rule banning the Niqāb at citizenship ceremonies to be unconstitutional.⁴ Appointments See also - List of notable Canadian Courts of Appeal cases References [1] Federal Courts Act - R.S.C., 1985, c. F-7 (Section 27) [2] Judges Act - R.S.C., 1985, c. J-1 (Section 10) [3] "Court of Appeal upholds landmark ruling on rights of Métis". CBC News. Retrieved 2016-02-23. [4] "Court dismisses federal appeal over niqab at citizenship ceremonies". The Globe and Mail. Retrieved 2016-02-23. [5] Partner at Bennett Jones [6] Counsel at Deloitte Tax Law LLP before being reappointed [7] Superior Court of Quebec [8] Lawyer at Heenan Blaikie LLP External links - Federal Court of Appeal website - Federal Courts Act - Courts Administration Service Act - Judges Act Federal Court (Canada) The Federal Court (French: Cour fédérale) is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a lower court with nationwide jurisdiction. History The Court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which was created June 1, 1971, through the enactment of the Federal Court Act, subsequently renamed the Federal Courts Act). The Court's authority comes from the Federal Courts Act. On October 24, 2008, the Federal Court was given its own Armorial bearings by the Governor General, the third court in Canada to be given its own Coat of Arms – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice. The coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of justice on air, land and sea.¹ Structure The Federal Court consists of a Chief Justice and thirty-two other judges. Currently, there are 28 full-time judges (leaving five vacancies in the Court), along with four supernumerary judges, six deputy judges, and six prothonotaries. Law Clerks are hired for not more than a one-year terms to help the judges research and prepare decisions. They are generally assigned to a particular judge. Judges' salaries are determined annually by the Judicial Compensation and Benefits Commission. Chief Justice receives $315,900 while other judges receives $288,100 annually.² Jurisdiction The Federal Court cannot hear any case unless a federal statute confers jurisdiction on the Court to hear cases of that type. Some examples of the sort of cases heard by the Federal Court are:³ - judicial review of immigration decisions, - judicial review of Veterans Review and Appeal Board of Canada decisions, - intellectual property disputes, - cases involving admiralty (maritime) law, - various aboriginal law matters, and - claims against the Queen in Right of Canada. These instances of jurisdiction may either be exclusive or concurrent with provincial superior courts, depending on the statute. The Court has the authority to judicially review the decisions made by federal boards, commissions, and administrative tribunals, and to resolve lawsuits by or against the federal government. Decisions of the Federal Court may be appealed to the Federal Court of Appeal. Because it is a superior court of national jurisdiction, judgments are enforceable across Canada without the need for certification by the courts of a specific province. Judges and prothonotaries The prothonotaries of the court by seniority are: - Richard Morneau - Roger Lafrenière - Mireille Tabib - Martha Milczynski - Kevin R. Aalto Former judges Chief Justice - Allan Lutfy: July 3, 2003 – September 30, 2011[note 1] Puisne judges - Paul U.C. Rouleau: July 3, 2003 – July 25, 2007[note 2] - Max M. Teitlebaum: July 3, 2003 – January 27, 2007[note 3] - W. Andrew MacKay: July 3, 2003 – March 20, 2004[note 4] - Frederick E. Gibson: July 3, 2003 – August 30, 2008[note 5] - James K. Hugessen: July 3, 2003 – July 26, 2008[note 6] - Pierre Blais, P.C.: July 3, 2003 – February 19, 2008[note 7] - Eleanor Dawson: July 3, 2003 – December 26, 2009[note 8] - Carolyn Layden-Stevenson: July 3, 2003 – December 12, 2008[note 9] - Johanne Gauthier: July 3, 2003 – October 21, 2011[note 10] - Konrad W. von Finckenstein: August 14, 2003 – January 25, 2007 - Robert M. Mainville: June 16, 2009 – June 18, 2010 - Yvon Pinard, P.C.: June 19, 1984 – July 1, 2013 - Robin Camp, June 26, 2015 – March 9, 2017 See also Notes [1] Lutfy was Associate Chief Justice of the Federal Court of Canada from December 8, 1999, until the reorganisation. [2] Served on the Federal Court of Canada–Trial Division from August 5, 1982, until the reorganisation. [3] Served on the Federal Court of Canada–Trial Division from October 29, 1985, until the reorganisation. [4] Served on the Federal Court of Canada–Trial Division from September 2, 1988, until the reorganisation. [5] Served on the Federal Court of Canada–Trial Division from April 1, 1993, until the reorganisation. [6] Served on the Federal Court of Canada–Trial Division from June 23, 1998, until the reorganisation. [7] Served on the Federal Court of Canada–Trial Division from June 23, 1998, until the reorganisation. [8] Served on the Federal Court of Canada–Trial Division from December 8, 1999, until the reorganisation. [9] Served on the Federal Court of Canada–Trial Division from January 25, 2002, until the reorganisation. [10] Served on the Federal Court of Canada–Trial Division from December 11, 2002, until the reorganisation. References [1] "The Federal Court's Coat of Arms". Federal Court. 4 January 2013. Retrieved 21 May 2015. [2] Judges Act, s 10 [3] "About the Court - Jurisdiction". Federal Court. 31 December 2012. Retrieved 21 May 2015. External links - Federal Court website Canadian law 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 later a Commonwealth Realm member of the Commonwealth of Nations. The legal system is bi-jurisdictional, as the responsibilities of public (includes criminal) and private law are separated and exercised exclusively by Parliament and the provinces respectively. Quebec, however, still retains a civil system for issues of private law (as this domain falls within the exclusive jurisdiction of the provinces). Both legal systems are subject to the Constitution of Canada. The federal government has jurisdiction over certain exclusive domains which are regulated exclusively by Parliament, as well as all matters and disputes between provinces. These generally include interprovincial transport (rail, air and marine transport) as well as interprovincial trade and commerce (which generally concerns energy, the environment, agriculture). Criminal prosecutions are conducted in the style of the British common law, as this jurisdiction falls exclusively to the federal government. Constitution of Canada See also: Constitution of Canada Canada's constitution is its supreme law, and any law passed by any federal, provincial, or territorial government that is inconsistent with the constitution is invalid.¹ 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 (the most notable of which is the Constitution Act, 1867), and any amendment to any of those acts.² However, the Supreme Court of Canada has found that this list is not intended to be exhaustive, and in 1998's Reference re Secession of Quebec identified four "supporting principles and rules" that are included as unwritten elements of the constitution: federalism, democracy, constitutionalism and the rule of law, and respect for minorities.³ 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".⁴ Because the Constitution Act, 1867 provides that Canada's constitution is "similar in Principle to that of the United Kingdom",⁵ which is considered to be an uncodified constitution, the Supreme Court has also 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, and a purpose for that practice or agreement. It also found that, while these conventions are not law and are therefore unenforceable by the courts, courts may recognize conventions in their rulings.⁶ The Constitution Act, 1867 assigns powers to the provincial and federal governments. Matters under federal jurisdiction include criminal law, trade and commerce, banking, and immigration.⁷ The federal government also has the residual power to make laws necessary for Canada's "peace, order and good government".⁸ Matters under provincial jurisdiction include hospitals, municipalities, education (except education on First Nation reserves), and property and civil rights.⁷ ⁹ The Constitution Act, 1867 also provides that, while provinces establish their own superior courts, the federal government appoints their judges.¹⁰ It also 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.¹¹ 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.¹² The Constitution Act, 1982 created a mechanism by which Canada's constitution could be amended by joint action of federal and provincial governments; prior to 1982, it could be amended only by the Parliament of the United Kingdom.¹³ It also created the Charter of Rights and Freedoms, which grants individual rights which may not be contravened by any provincial or federal law.¹⁴ Legislation 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 (federal and provincial) may legitimately enact legislation. Laws passed by the federal government are initially announced in the Canada Gazette, a regularly published newspaper for new statutes and regulations.¹⁵ ¹⁶ 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.¹⁷ The most recent federal consolidation was in 1985. Laws passed by the provinces follow a similar practice. The Acts are announced in a provincial gazette, published annually and consolidated from time to time. Legal traditions Common law All provinces and territories within Canada, excluding Quebec, follow the common law legal tradition.¹⁸ Equally, courts have power under the provincial Judicature Acts to apply equity. As with all common law countries, Canadian law adheres to the doctrine of stare decisis.¹⁹ Lower courts must follow the decisions of higher courts by which they are bound. For instance, all Ontario lower courts are bound by the decisions of the Ontario Court of Appeal and, all British Columbia lower courts are bound by the decisions of the British Columbia Court of Appeal. However, no Ontario court is bound by decisions of any British Columbia court and no British Columbia court is bound by decisions of any Ontario court. Nonetheless, decisions made by a province's highest court (provincial Courts of Appeal) are often considered as "persuasive" even though they are not binding on other provinces.²⁰ Only the Supreme Court of Canada has authority to bind all courts in the country with a single ruling.²¹ The busier courts, such as the Court of Appeal for Ontario, for example, are often looked to for guidance on many local matters of law outside the province, especially in matters such as evidence and criminal law. When there is little or no existing Canadian decision on a particular legal issue and it becomes necessary to look to a non-Canadian legal authority for reference, decisions of English courts and American courts are often utilized.²² In light of the long-standing history between English law and Canadian law, the English Court of Appeal and the House of Lords are often cited as and considered persuasive authority, and are often followed.²² If the legal question at issue relates to matters of constitutional or privacy law, however, decisions of United States courts are more likely to be utilized by Canadian lawyers because there is a much greater body of jurisprudence in U.S. law than English law in these areas. Decisions from Commonwealth nations, aside from England, are also often treated as persuasive sources of law in Canada. A major difference between U.S. and Canadian common law is that Canada does not follow the doctrine of Erie Railroad Co. v. Tompkins (1938), and this is so taken for granted that the Supreme Court of Canada has never needed to actually rule upon the question.²³ In other words, there is no distinction in Canada between federal and provincial common law, and the Supreme Court can and does dictate common law directly to the provinces on all matters traditionally encompassed by common law (to the extent not superseded by legislation).²³ From the American perspective, Canadian federalism is thus relatively incomplete, since Canada continues to operate as a unitary state with respect to common law (and is truly federal only as to statutory law).²³ Due to Canada's historical connection with the United Kingdom, decisions of the House of Lords before 1867 are technically still binding on Canada unless they have been overturned by the Supreme Court of Canada, and Canada is still bound by the decisions of the Privy Council before the abolishment of appeals to that entity in 1949.²⁴ In practice, however, no court in Canada has declared itself bound by any English court decision for decades, and it is highly unlikely that any Canadian court will do so in the future.²⁴ Criminal offences are found only within the Criminal Code and other federal statutes; an exception is that contempt of court is the only remaining common law offence in Canada.²⁵ Civil law Main article: Law in Quebec For historical reasons, Quebec has a hybrid legal system. Private law follows the civil law tradition, originally expressed in the Coutume de Paris as it applied in what was then New France.²⁶ Today, the jus commune of Quebec is codified in the Civil Code of Quebec. As for public law, it was made that of the conquering British nation after the fall of New France in 1760, that is the common law. It is important to note that the distinction between civil law and common law is not based on the division of powers set out in the Constitution Act, 1867. Therefore, legislation enacted by the provincial legislature in matters of public law, such as the Code of Penal Procedure, should be interpreted following the common law tradition. Likewise, legislation enacted by the federal Parliament in matters of private law, such as the Divorce Act, is to be interpreted following the civil law tradition and in harmony with the Civil Code of Quebec. Areas of law Aboriginal law Main article: Canadian aboriginal law Aboriginal law is the area of law related to the Canadian Government's relationship with its Indigenous peoples (First Nations, Métis and Inuit). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to Aboriginals, which includes groups governed by the Indian Act, different Numbered Treaties and outside of those Acts.²⁷ Administrative law Main article: Canadian administrative law Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies.²⁸ Contract law Main article: Canadian contract law Individual provinces have codified some principles of contract law in a Sale of Goods Act, which was modeled on early English versions. Outside of Quebec, most contract law is still common law, based on the rulings of judges in contract litigation over the years. Quebec, being a civil law jurisdiction, does not have contract law, but rather has its own law of obligations.²⁹ Constitutional law Main article: Canadian constitutional law Constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the Courts.³⁰ This is represented in the Constitution Act, 1867, Constitution Act, 1982 and Canadian Charter of Rights and Freedoms. Copyright law Main article: Canadian copyright law Copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada.³¹ Criminal law Main article: Criminal law of Canada Criminal law in Canada falls under the exclusive legislative jurisdiction of the federal government. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867.³² Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act, and several other peripheral Acts. The provinces are responsible for the administration of justice, including criminal trials within their respective provinces, despite their inability to enact criminal laws.³³ Provinces do have the power to promulgate quasi-criminal or regulatory offences in a variety of administrative and other areas, and every province has done so with myriad rules and regulations across a broad spectrum.³⁴ Evidence law Further information: Canada Evidence Act Canada Evidence Act is an Act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law.³⁵ Each province also has its own evidence statute, governing the law of evidence in civil proceedings in the province. Family law Main article: Canadian family law Family law in Canada concerns the body of Canadian law dealing with family relationship, marriage, and divorce.³⁶ The federal government has exclusive jurisdiction over the substance of marriage and divorce. Provinces have exclusive jurisdiction over the procedures surrounding marriage. Provinces also have laws dealing with marital property and with family maintenance (including spousal support). Human Rights Law Main article: Human rights in Canada There are currently four key mechanisms in Canada to protect human rights: the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, the Canadian Human Rights Commission, and provincial human rights laws and legislation.³⁷ Immigration and refugee law Main article: Canadian immigration and refugee law Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal.³⁸ The primary law on these matters is in the Immigration and Refugee Protection Act. Indigenous Legal Traditions Main article: Indigenous peoples in Canada Canada was founded on the original territory of over 900 different Indigenous groups, each using different Indigenous legal traditions. Cree, Inuit, Mohawk, Mi'kmaq and numerous other First Nations will apply their own legal traditions in daily life, creating contracts, working with governmental and corporate entities, ecological management and criminal proceedings and family law. Inheritance law Main article: Inheritance law in Canada Inheritance law in Canada is constitutionally a provincial matter. Therefore, the laws governing inheritance in Canada are legislated by each individual province. Insolvency law of Canada Main article: Insolvency law of Canada The Parliament of Canada has exclusive jurisdiction to regulate matters relating to bankruptcy and insolvency, by virtue of s.91 of the Constitution Act, 1867. It has passed some statutes as a result, i.e., The Bankruptcy and Insolvency Act ("BIA") and the The Winding-Up and Restructuring Act (which essentially applies only to financial institutions under federal jurisdiction). In applying these statutes, provincial law has important consequences. Section 67(1)(b) of the BIA provides that "any property that as against the bankrupt is exempt from execution or seizure under any laws applicable in the province within which the property is situated and within which the bankrupt resides" is not divisible among their creditors.³⁹ Provincial legislation under the property and civil rights power of the Constitution Act, 1867 regulates the resolution of financial difficulties that occur before the onset of insolvency. Labour and employment law Main article: Canadian labour and employment law Canadian labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in Canada. Canadian employment law is that body of law which regulates the rights, restrictions obligations of non-unioned workers and employers in Canada.⁴⁰ Most labour regulation in Canada is conducted at the provincial level by government agencies and boards. However, certain industries under federal regulation are subject solely to federal labour legislation and standards. Patent law Main article: Canadian patent law Canadian patent law is the legal system regulating the granting of patents for inventions within Canada, and the enforcement of these rights in Canada.⁴¹ Procedural law The functioning of the Courts is regulated by the laws of civil procedure which are codified in each province's civil procedures rules. Property law Main article: Canadian property law Property law in Canada is the body of law concerning the rights of individuals over land, objects, and expression within Canada. It encompasses personal property, real property, and intellectual property.⁴² Tort law Main article: Tort law in Canada Tort law in Canada concerns the treatment of the law of torts within the Canadian jurisdiction excluding Quebec, which is covered by the law of obligations.⁴³ Trademark law Main article: Canadian trademark law Canada's trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services.⁴⁴ Judicial system See also: Court system of Canada Under the Constitution Act, 1867, the federal Parliament and the provincial legislatures both have the constitutional authority to create courts: Parliament under s. 101, and the Provinces under s. 92(14).⁴⁵ However, the federal power to create courts is much more limited than the provincial power. The provincial courts have a much more extensive jurisdiction, including the constitutionally entrenched power to determine constitutional issues. The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. Parliament created it by Act of Parliament in 1875, as a "general court of appeal for Canada".⁴⁶ Prior to 1949, cases could be appealed to the Judicial Committee of the Privy Council in the United Kingdom, and some cases bypassed the Supreme Court of Canada entirely.⁴⁶ Other than the Supreme Court, the Canadian court system is divided into two classes of courts:⁴⁷ superior courts of general jurisdiction, and courts of limited jurisdiction, sometimes referred to as inferior courts. The superior courts, created and maintained by the provinces, are divided into superior courts of original jurisdiction and superior courts of appeal. These courts are sometimes also referred to as "Section 96" courts, in reference to s. 96 of the Constitution Act, 1867, which grants the federal government the power to appoint the judges of these courts.¹⁰ As courts of general jurisdiction, the provincial superior courts of original jurisdiction have jurisdiction over all matters, under both federal and provincial law, unless the matter has been assigned to some other court or administrative agency by a statute passed by the appropriate legislative body. The superior courts of original jurisdiction have an extensive civil jurisdiction, under both federal and provincial laws. Under the Criminal Code, a federal statute, they have jurisdiction over the most serious criminal offences, such as murder.⁴⁸ They also hear appeals from the Provincial Courts in criminal matters and some civil matters. A further appeal normally lies to superior court of appeal, the highest court in each province.⁴⁹ The provinces also can establish courts of limited jurisdiction, whose jurisdiction is limited solely to what is included in the statutory grant of jurisdiction. These courts are often called "Provincial Courts", even though the superior courts established by the provinces are also provincial courts. The Provincial Courts have an extensive criminal jurisdiction under the Criminal Code, a federal statute, and also typically have a limited civil jurisdiction in matters under provincial jurisdiction, such as small claims and some family matters. The judges of the Provincial Courts are appointed by the provincial governments.⁵⁰ There are also additional federal courts established by Parliament, which have a specialised jurisdiction in certain areas of federal law. These courts are the Federal Court of Appeal, the Federal Court, the Tax Court of Canada, and the Court Martial Appeal Court of Canada. See also - At Her Majesty's pleasure - Canadian Legal Information Institute (CanLI) - Human rights in Canada - Legal systems of the world - List of Acts of Parliament of Canada - Statutes of Canada - The Canadian Crown and Aboriginal peoples References [1] Richard W. Bauman; Tsvi Kahana (2006). The Least Examined Branch: The Role of Legislatures in the Constitutional State. Cambridge University Press. p. 159. ISBN 978-1-139-46040-8. [2] Craik 94 [3] Craik 96 [4] Craik 98 [5] Frederick Lee Morton (2002). Law, Politics and the Judicial Process in Canada. University of Calgary Press. p. 216. ISBN 978-1-55238-046-8. [6] Craik 105 [7] OECD (2007). Linking Regions and Central Governments Contracts for Regional Development: Contracts for Regional Development. OECD Publishing. p. 173. ISBN 978-92-64-00875-5. [8] Munroe Eagles; Larry Johnston (2008). Politics: An Introduction to Modern Democratic Government. University of Toronto Press. p. 262. ISBN 978-1-55111-858-1. [9] Craik 125 [10] Patrick N. Malcolmson; Richard Myers (2009). The Canadian Regime: An Introduction to Parliamentary Government in Canada. University of Toronto Press. p. 149. ISBN 978-1-4426-0047-8. [11] Craik 127 [12] Craik 127–128 [13] Craik 131 [14] Craik 119 [15] Statutory Instrument Act [16] "Canada Gazette - About Us". Gazette.gc.ca. 2010-06-09. Retrieved 2011-02-28. [17] Legislation Revision and Consolidation Act [18] Dennis Campbell; Susan Cotter (1998). Comparative Law Yearbook. Kluwer Law International. p. 234. ISBN 978-90-411-0740-4. [19] Richard A. Mann (2013). Business Law and the Regulation of Business. Cengage Learning. p. 7. ISBN 978-1-133-58757-6. [20] Robert A. Battram (2010). Canada In Crisis...: An Agenda to Unify the Nation. Trafford Publishing. p. 26. ISBN 978-1-4269-8062-6. [21] Graeme R. Newman (30 October 2010). Crime and Punishment around the World: [Four Volumes]. ABC-CLIO. p. 77. ISBN 978-0-313-35134-1. [22] Ian Bushnell (1992). Captive Court: A Study of the Supreme Court of Canada. McGill-Queen's Press - MQUP. p. 53. ISBN 978-0-7735-6301-8. [23] Hogg, Peter W. (2007). Constitutional Law of Canada (5th ed.). Toronto: Carswell. pp. 8–9 — 8–11. ISBN 9780779813377. [24] Frederick Lee Morton (2002). Law, Politics and the Judicial Process in Canada. University of Calgary Press. p. 389. ISBN 978-1-55238-046-8. [25] A Compendium of Law and Judges [26] J. M. Smits (2012). Elgar Encyclopedia of Comparative Law. Edward Elgar Publishing. p. 132. ISBN 978-1-78100-610-8. [27] Christian Leuprecht; Peter H. Russell (2011). Essential Readings in Canadian Constitutional Politics. University of Toronto Press. p. 477. ISBN 978-1-4426-0368-4. [28] Robert Leckey (2008). Contextual Subjects: Family, State and Relational Theory. University of Toronto Press. p. 143. ISBN 978-0-8020-9749-1. [29] Simon N. M. Young (2009). Civil Forfeiture of Criminal Property. Edward Elgar Publishing. p. 176. ISBN 978-1-84844-621-2. [30] Leuprecht/Russell, 2011. p. 451. [31] Lesley Ellen Harris (2001). Canadian Copyright Law. McGraw-Hill Ryerson. p. 15. ISBN 978-0-07-560369-6. [32] Michelle G. Grossman; Julian V. Roberts (2011). Criminal Justice in Canada: A Reader. Cengage Learning. p. 2. ISBN 978-0-17-650228-7. [33] H. Stephen Harris (2001). Competition Laws Outside the United States: Supplement. American Bar Association. p. 2. ISBN 978-1-57073-881-4. [34] Kevin Heller; Markus Dubber (2010). The Handbook of Comparative Criminal Law. Stanford University Press. p. 99. ISBN 978-0-8047-7729-2. [35] Canada; James Crankshaw (1910). The Criminal Code of Canada and the Canada Evidence Act as Amended to Date. Carswell Company. p. intro. [36] Malcolm C. Kronby (2010). Canadian Family Law. John Wiley and Sons. p. 1. ISBN 978-0-470-67647-9. [37] Alan Price (2007). Human Resource Management in a Business Context. Cengage Learning EMEA. p. 391. ISBN 978-1-84480-548-8. [38] John Powell (2009). Encyclopedia of North American Immigration. Infobase Publishing. p. 362. ISBN 978-1-4381-1012-7. [39] http://laws-lois.justice.gc.ca/eng/acts/b-3/page-23.html#h-26 [40] http://www.labour.gc.ca/eng/resources/laws/index.shtml [41] Thomas F. Cotter (21 March 2013). Comparative Patent Remedies: A Legal and Economic Analysis. Oxford University Press. pp. 166–167. ISBN 978-0-19-984065-6. [42] Stuart C. McCormack (1999). Intellectual Property Law of Canada. Juris Publishing, Inc. p. 11. ISBN 978-1-57823-070-9. [43] Jean Louis Baudouin; Allen M. Linden (2010). Tort Law in Canada. Kluwer Law International. ISBN 978-90-411-3373-1. [44] Borden Ladner Gervias LLP (2011). Trade-Mark Practice in Canada. Borden Ladner Gervais LLP. p. 1. ISBN 978-0-9730750-5-2. [45] Augustus Henry Frazer Lefroy (2005). Canada's Federal System: Being a Treatise on Canadian Constitutional Law Under the British North America Act. The Lawbook Exchange. p. 151. ISBN 978-1-58477-591-1. [46] Ian Bushnell (1997). The Federal Court of Canada: A History, 1875-1992. University of Toronto Press. pp. 234–237. ISBN 978-0-8020-4207-1. [47] Peter H. Russell (2007). Canada's Trial Courts: Two Tiers Or One?. University of Toronto Press. p. 32. ISBN 978-0-8020-9323-3. [48] Michel Proulx; David Layton (2001). Ethics and Canadian criminal law. Irwin Law. p. 153. ISBN 978-1-55221-044-4. [49] International Business Publications, USA (2008). Canada Company Laws and Regulations Handbook. Int'l Business Publications. p. 36. ISBN 978-1-4330-6959-8. [50] Gerhard Robbers (2006). Encyclopedia of World Constitutions. Infobase Publishing. p. 169. ISBN 978-0-8160-6078-8. Bibliography - Craik, Neil; Forcese, Craig; Bryden, Philip; Carver, Peter; Haigh, Richard; Ratushny, Ed; Sullivan, Ruth, eds. (2006). Public Law: Cases, materials, and commentary. Toronto: Emond Montgomery Publications Limited. ISBN 1-55239-185-X. Further reading - Jonathan L. Black-Branch; Canadian Education Association (1995). Making Sense of the Canadian Charter of Rights and Freedoms: A Handbook for Administrators and Teachers. Canadian Education Association. ISBN 978-0-920315-78-1. - John Borrows (2002). Recovering Canada: The Resurgence of Indigenous Law. University of Toronto Press. ISBN 978-0-8020-8501-6. - J. Brian Casey; Janet E. Mills (2005). Arbitration Law Of Canada: Practice And Procedure. Juris Publishing, Inc. ISBN 978-1-929446-68-1. - Ian Greene (1989). The Charter of Rights. James Lorimer & Company. ISBN 978-1-55028-185-9. - Calvin S. Goldman and John D. Bodrug, Editors (2009). Competition Law of Canada. Juris Publishing, Inc. ISBN 978-1-57823-096-9. - Frederick Lee Morton (2002). Law, Politics and the Judicial Process in Canada. University of Calgary Press. ISBN 978-1-55238-046-8. - D. M. McRae (2008). The Canadian Yearbook of International Law: Annuaire Canadien de Droit International. UBC Press. ISBN 978-0-7748-5826-7. - Richard Moon (2008). Law and Religious Pluralism in Canada. UBC Press. ISBN 978-0-7748-5853-3. - Peter McCormick (2000). Supreme at Last: The Evolution of the Supreme Court of Canada. James Lorimer & Company. ISBN 978-1-55028-692-2. - Margaret Ann Wilkinson (2010). Genealogy and the Law in Canada. Dundurn. ISBN 978-1-77070-585-2. External links - Canadian Criminal Law Information Site - Consolidated Statutes and Regulations of Canada. - Canada's Justice System - Department of Justice - CanLII Canadian Legal Information Institute - Legal Information - Citizen's Arrest and Self-defence Act Constitution of Canada The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It is one of the oldest working constitutions in the world. The constitution outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada. Canadian constitutional law relates to the interpretation and application of the constitution. The composition of the Constitution of Canada is defined in subsection 52(2) of the Constitution Act, 1982 as consisting of the Canada Act 1982 (including the Constitution Act, 1982), all acts and orders referred to in the schedule (including the Constitution Act, 1867, formerly The British North America Act, 1867), and any amendments to these documents. The Supreme Court of Canada held that the list is not exhaustive and includes a number of pre-confederation acts and unwritten components as well.¹ See list of Canadian constitutional documents for details. History of the constitution Main article: Constitutional history of Canada The first semblance of a constitution for Canada was the Royal Proclamation of 1763. The act renamed the northeasterly portion of the former French province of New France as Province of Quebec, roughly coextensive with the southern third of contemporary Quebec. The proclamation, which established an appointed colonial government, was the de facto constitution of Quebec until 1774, when the British parliament passed the Quebec Act, which expanded the province's boundaries to the Ohio and Mississippi Rivers, which was one of the grievances listed in the United States Declaration of Independence. Significantly, the Quebec Act also replaced the French criminal law presumption of guilty until proven innocent with the English criminal law presumption of innocent until proven guilty; but the French code or civil law system was retained for non-criminal matters. The Treaty of Paris of 1783 ended the American War of Independence and sent a wave of British loyalist refugees northward to Quebec and Nova Scotia. In 1784, the two provinces were divided; Nova Scotia was split into Nova Scotia, Cape Breton Island (rejoined to Nova Scotia in 1820), Prince Edward Island, and New Brunswick, while Quebec was split into Lower Canada (southern Quebec) and Upper Canada (southern through lower northern Ontario). The winter of 1837–38 saw rebellion in both of the Canadas, with the result they were rejoined as the Province of Canada in 1841. This was reversed by the British North America Act in 1867 which established the Dominion of Canada. Initially, on 1 July 1867, there were four provinces in confederation as "One dominion under the name of Canada": Canada West (former Upper Canada, now Ontario), Canada East (former Lower Canada, now Quebec), Nova Scotia, and New Brunswick. Title to the Northwest Territories was transferred by the Hudson's Bay Company in 1870 and the province of Manitoba (the first to be established by the Parliament of Canada) was in the same year the first created out of it. British Columbia joined confederation in 1871, followed by Prince Edward Island in 1873. The Yukon Territory was created by Parliament in 1898, followed by Alberta and Saskatchewan in 1905. The Dominion of Newfoundland, Britain's oldest colony in the Americas, joined Canada as a province in 1949. Nunavut was created in 1999. An Imperial Conference in 1926 that included the leaders of all Dominions and representatives from India (which then included Burma, Bangladesh, and Pakistan), led to the eventual enactment of the Statute of Westminster 1931. The statute, an essential transitory step from the British Empire to the Commonwealth of Nations, provided that all existing Dominions became fully sovereign of the United Kingdom and all new Dominions would be fully sovereign upon the grant of Dominion status. Newfoundland never ratified the statute, so it was still subject to imperial authority when its entire system of government and economy collapsed in the mid-1930s. Canada did ratify the statute, but had requested an exception because the Canadian federal and provincial governments could not agree on an amending formula for the Canadian constitution. It would be another 50 years before this was achieved. In the interim, the British parliament periodically passed enabling acts with respect to amendments to Canada's constitution; this was never anything but a rubber stamp.² The patriation of the Canadian constitution was achieved in 1982 when the British parliament, with the assent of the Canadian parliament, passed the Canada Act, 1982, which included in its schedules the Constitution Act, 1982, the United Kingdom thus formally absolving itself of any remaining responsibility for, or jurisdiction over, Canada. In a formal ceremony on Parliament Hill in Ottawa, Queen Elizabeth II proclaimed both acts as law on 17 April 1982. Constitution Act, 1982, included the Canadian Charter of Rights and Freedoms. Prior to the charter, there were various statutes which protected an assortment of civil rights and obligations, but nothing was enshrined in the constitution until 1982. The charter has thus placed a strong focus upon individual and collective rights of the people of Canada. Enactment of the Charter of Rights and Freedoms has also fundamentally changed much of Canadian constitutional law. The act also codified many previously oral constitutional conventions and made amendment of the constitution significantly more difficult. Previously, the Canadian federal constitution could be amended by solitary act of the Canadian or British parliaments, by formal or informal agreement between the federal and provincial governments, or even simply by adoption as ordinary custom of an oral convention or unwritten tradition that was perceived to be the best way to do something. Since the act, amendments must now conform to certain specified provisions in the written portion of the Canadian constitution. Constitution Act, 1867 Main article: Constitution Act, 1867 This was an Act of the British parliament, originally called the British North America Act 1867. It outlined Canada's system of government, which combines Britain's Westminster model of parliamentary government with division of sovereignty (federalism). Although it is the first of 20 British North America Acts, it is still the most famous of these and is understood to be the document of Canadian Confederation. With the patriation of the Constitution in 1982, this Act was renamed Constitution Act, 1867. In recent years, the 1867 document has mainly served as the basis on which the division of powers between the provinces and federal government have been analyzed. Constitution Act, 1982 Main article: Constitution Act, 1982 Endorsed by all provincial governments except that of Quebec (led by René Lévesque), this was the formal Act of Parliament that effected Canada's full political independence from the United Kingdom. Part V of this act established an amending formula for the Canadian constitution, the lack of which (due to more than 50 years of disagreement between the federal and provincial governments) was the only reason Canada's constitutional amendments still required approval by the British parliament after enactment of the Statute of Westminster in 1931. The Act was enacted as a schedule to the Canada Act 1982, a British Act of Parliament which was introduced at the request of a joint address to the Queen by the Senate and House of Commons of Canada. As a bilingual act of parliament, the Canada Act 1982 has the distinction of being the only legislation in French that has been passed by an English or British parliament since Norman French (Law French) ceased to be the language of government in England. In addition to enacting the Constitution Act, 1982, the Canada Act 1982 provides that no further British Acts of Parliament will apply to Canada as part of its law, finalizing Canada's legislative independence. Canadian Charter of Rights and Freedoms Main article: Canadian Charter of Rights and Freedoms As noted above, this is Part I of the Constitution Act, 1982. The Charter is the constitutional guarantee of the civil rights and liberties of every citizen in Canada, such as freedom of expression, of religion, and of mobility. Part II addresses the rights of Canada's Aboriginal people. It is written in plain language in order to ensure accessibility to the average citizen. It only applies to government and government actions with the intention to prevent government from creating laws that are unconstitutional. Amending formula Main article: Amendments to the Constitution of Canada Instead of the usual parliamentary procedure, that includes the monarch's formal Royal Assent for enacting legislation, amendments to the Constitution Act, 1982 must be done in accordance with Part V of the Constitution Act, 1982, which provides for five different amending formulae. Amendments can be brought forward under section 46(1) by any province or either level of the federal government. The general formula is set out in section 38(1), known as the "7/50 formula", requires: (a) assent from both the House of Commons and the Senate; (b) the approval of two-thirds of the provincial legislatures (at least seven provinces) representing at least 50% of the population (effectively, this would include at least Quebec or Ontario, as they are the most populous provinces). This formula specifically applies to amendments related to the proportionate representation in Parliament, powers, selection, and composition of the Senate, the Supreme Court and the addition of provinces or territories. The other amendment formulae are for exceptional cases as provided by in the act. In the case of an amendment related to the Office of the Queen, the use of either official language (subject to section 43), the amending formula itself, or the composition of the Supreme Court, the amendment must be adopted by unanimous consent of all the provinces in accordance with section 41. In the case of an amendment related to provincial boundaries or the use of an official language within a province alone, the amendment must be passed by the legislatures affected by the amendment (section 43). In the case of an amendment that affects the federal government only, the amendment does not need approval of the provinces (section 44). The same applies to amendments affecting the provincial government alone (section 45). Vandalism of the proclamation paper In 1983, Peter Greyson, an art student, entered Ottawa's National Archives (known today as Library and Archives Canada) and poured red paint mixed with glue over a copy of the proclamation of the 1982 constitutional amendment. He said he was displeased with the federal government's decision to allow United States missile testing in Canada and had wanted to "graphically illustrate to Canadians" how wrong he believed the government to be. A grapefruit-sized stain remains on the original document; restoration specialists opted to leave most of the paint intact, fearing that removal attempts would only cause further damage.³ Sources of the constitution Further information: List of Canadian constitutional documents Canada's constitution has roots going back to the thirteenth century, and include England's Magna Carta and the first English parliament of 1275.⁴ It is one of the oldest working constitutions in the world (others are: UK, USA, Sweden, Norway, Switzerland, Denmark). Canada's constitution is composed of several individual statutes. There are three general methods by which a statute can become entrenched in the Constitution: - Specific mention as a constitutional document in section 52(2) of the Constitution Act, 1982, such as the Constitution Act, 1867. - Constitutional entrenchment of an otherwise statutory English, British, or Canadian document because of subject matter provisions in the amending formula of the Constitution Act, 1982, such as provisions with regard to the monarchy in the English Bill of Rights 1689⁵ ⁶ or the Act of Settlement 1701. English and British statutes are part of Canadian law because of the Colonial Laws Validity Act 1865; section 129 of the Constitution Act, 1867; and the Statute of Westminster 1931. Those laws then became entrenched when the amending formula was made part of the constitution. - Reference by an entrenched document, such as the Preamble of the Constitution Act, 1867's entrenchment of written and unwritten principles from the constitution of the United Kingdom or the Constitution Act, 1982's reference of the Proclamation of 1763. Unwritten sources The existence of an unwritten constitution was reaffirmed by the Supreme Court in Reference re Secession of Quebec. "The Constitution is more than a written text. It embraces the entire global system of rules and principles which govern the exercise of constitutional authority. A superficial reading of selected provisions of the written constitutional enactment, without more, may be misleading." In practice, there have been three sources of unwritten constitutional law: Conventions Constitutional conventions form part of the constitution, but they are not legally enforceable. They include the existence of a prime minister and Cabinet, the fact that the governor general in most circumstances is required to grant Royal Assent to bills adopted by both houses of parliament, and the requirement that the prime minister either resign or request a dissolution and general election upon losing a vote of confidence in the House of Commons. Royal prerogative Reserve powers of the Canadian Crown, being remnants of the powers once held by the British Crown, reduced over time by the parliamentary system. Primarily, these are the Orders in Council, which give the government the authority to declare war, conclude treaties, issue passports, make appointments, make regulations, incorporate, and receive lands that escheat to the Crown. Unwritten principles Principles that are incorporated into the Canadian constitution by reference from the preamble of the Constitution Act, 1867, including a statement that the constitution is "similar in Principle to that of the United Kingdom", much of which is unwritten. Unlike conventions, they are legally binding. Amongst the recognized constitutional principles are federalism, liberal democracy, constitutionalism, the rule of law, and respect for minorities.⁷ Other principles include responsible government, representation by population,⁸ judicial independence, parliamentary supremacy,⁹ and an implied bill of rights. In one case, the Provincial Judges Reference (1997), it was found a law can be held invalid for contradicting unwritten principles, in this case judicial independence. See also - Law of Canada - Canadian Bill of Rights - Canadian Confederation - Constitution Act (British Columbia) - Constitution of Quebec - Constitution - Constitutional law - Constitutional economics - Constitutionalism References [1] New Brunswick Broadcasting Co. v. Nova Scotia [1993] 1 S.C.R. 319 [2] Dupras, Daniel (3 April 2000). "INTERNATIONAL TREATIES: CANADIAN PRACTICE". Depository Services Program. Public Works and Government Services Canada. Retrieved 17 December 2010. In 1931, under the Statute of Westminster, Canada and a number of other British dominions, acquired full independence(4) and with it authority to act internationally with all the attributes of a sovereign state. Full power over foreign affairs was thus conferred on Canada and section 132 of the Constitution Act, 1867 became obsolete." Footnote 4:"Except with respect to amendments to Canada's Constitution, which remained under the British Parliament's jurisdiction until 1982. [3] "Missile Protestor defaces Constitution". CBC News. [4] Tidridge, Nathan (2010), Canada's Constitutional Monarchy: An Introduction to Our Form of Government, Toronto: Dundurn Press, p. 54, ISBN 9781459700840 [5] Senate of Canada (20 March 2013). "LCJC Meeting No. 74". Queen's Printer for Canada. Retrieved 24 March 2013. [6] Supreme Court of Canada (28 September 1981), Re: Resolution to amend the Constitution, [1981] 1 SCR 753, Queen's Printer for Canada, p. 785 [7] these were identified in Reference re Secession of Quebec [1998] 2 S.C.R. 217 [8] "ARCHIVED - Key Terms - Provinces and Territories - Canadian Confederation - Library and Archives Canada". Collectionscanada.gc.ca. Retrieved 17 April 2013. [9] Parliamentary Government in Canada: Basic Organization and Practices|http://www.mapleleafweb.com/features/parliamentary-government-canada-basic-organization-and-practices Further reading - Munro, Joseph Edwin Crawford (1889), The Constitution of Canada, Cambridge University Press - Doull, James (1997). "The Philosophical Basis of Constitutional Discussion in Canada" (PDF). Animus. 2. ISSN 1209-0689. Retrieved August 9, 2011. - Christian Leuprecht (2011). Essential Readings in Canadian Constitutional Politics. University of Toronto Press. ISBN 978-1-4426-0368-4. - Manfredi, Christopher; James B. Kelly (2009). Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms. UBC Press. ISBN 978-0-7748-1674-8. External links - Full text of the Constitution - Canada in the Making – a comprehensive history of the Canadian Constitution with digitized primary sources. - Fundamental Freedoms: The Charter of Rights and Freedoms – Charter of Rights and Freedoms website with video, audio and the Charter in over 20 languages - Meech Lake Accord, 1987 - Charlottetown Accord, 1992 - Results of Referendum on the Charlottetown Accord, 1992 - CBC Digital Archives – Charting the Future: Canada's New Constitution - CBC Digital Archives – Canada's Constitutional Debate: What Makes a Nation? - OriginalDocuments.ca Canadian Charter of Rights and Freedoms "Charter of Rights and Freedoms" redirects here. For the Quebec charter, see Quebec Charter of Human Rights and Freedoms. The Canadian Charter of Rights and Freedoms (French: La Charte canadienne des droits et libertés), in Canada often 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 that embody those rights. 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, which was 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 also narrowly interpreted the Bill of Rights and the Court was reluctant to declare laws inoperative.¹ 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 also wanted to entrench the principles enunciated in the Universal Declaration of Human Rights.² 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 greatly 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 primarily concerned with resolving issues of federalism. The Charter, however, 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 (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, not to private activity. Features Under the Charter, people physically present in Canada have numerous civil and political rights. Most of the rights can be exercised by any legal person (the Charter does not define the corporation as a "legal person"),³ but a few of the rights belong exclusively to natural persons, or (as in sections 3 and 6) 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 also 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, and the provincial governments. The rights and freedoms enshrined in 34 sections of the Charter include: Exceptions Precluding all the freedoms and forming the basis of the Charter, the very 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, and if the infringement can be "demonstrably justified." Section 1 has thus been used to uphold laws against objectionable conduct such as hate speech (e.g., in R. v. Keegstra) and obscenity (e.g., in R. v. Butler). Section 1 also confirms that the rights listed in the Charter are guaranteed. In addition, some of these rights are also subjected to the notwithstanding clause (section 33). 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, and some have speculated that its use would be politically costly.⁴ In the past, the notwithstanding clause was invoked routinely by the province of Quebec (which did not support the enactment of the Charter but is subject to it nonetheless). The provinces of Saskatchewan and Alberta have also invoked the notwithstanding clause, to end a strike and to protect an exclusively heterosexual definition of marriage,⁵ respectively. (Note that Alberta's use of the notwithstanding clause is of no force or effect, since the definition of marriage is federal not provincial jurisdiction.)⁶ The territory of Yukon also passed legislation once that invoked the notwithstanding clause, but the legislation was never proclaimed in force.⁷ Fundamental freedoms 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, and freedom of association. Democratic rights Generally, the right to participate in political activities and the right to a democratic form of government are protected: Section 3: the right to vote and to be eligible to serve as member of a legislature.Section 4: the maximum duration of legislatures is set at five years.Section 5: an annual sitting of legislatures is required as a minimum. Mobility rights Section 6: protects the mobility rights of Canadian citizens which include the right to enter, remain in, and leave Canada. Citizens and Permanent Residents have the ability to move to and take up residence in any province to pursue gaining livelihood. Legal rights Rights of people in dealing with the justice system and law enforcement are protected, namely: Section 7: right to life, liberty, and security of the person.Section 8: freedom from unreasonable search and seizure.Section 9: freedom from arbitrary detention or imprisonment.Section 10: right to legal counsel and the guarantee of habeas corpus.Section 11: rights in criminal and penal matters such as the right to be presumed innocent until proven guilty.Section 12: right not to be subject to cruel and unusual punishment.Section 13: rights against self-incriminationSection 14: rights to an interpreter in a court proceeding. Equality rights Section 15: equal treatment before and under the law, and equal protection and benefit of the law without discrimination. Language rights Generally, people have the right to use either the English or French language in communications with Canada's federal government and certain provincial governments. Specifically, the language laws in the Charter include: Section 16: English and French are the official languages of Canada and New Brunswick.Section 16.1: the English and French-speaking communities of New Brunswick have equal rights to educational and cultural institutions.Section 17: the right to use either official language in Parliament or the New Brunswick legislature.Section 18: the statutes and proceedings of Parliament and the New Brunswick legislature are to be printed in both official languages.Section 19: both official languages may be used in federal and New Brunswick courts.Section 20: the right to communicate with and be served by the federal and New Brunswick governments in either official language.Section 21: other constitutional language rights outside the Charter regarding English and French are sustained.Section 22: existing rights to use languages besides English and French are not affected by the fact that only English and French have language rights in the Charter. (Hence, if there are any rights to use Aboriginal languages anywhere they would continue to exist, though they would have no direct protection under the Charter.) Minority language education rights Section 23: rights for certain citizens belonging to French and English speaking minority communities to be educated in their own language. Other sections Various provisions help to clarify how the Charter works in practice. These include, Section 25: states that the Charter does not derogate existing Aboriginal rights and freedoms. Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the Constitution Act, 1982.Section 26: clarifies that other rights and freedoms in Canada are not invalidated by the Charter.Section 27: requires the Charter to be interpreted in a multicultural context.Section 28: states all Charter rights are guaranteed equally to men and women.Section 29: confirms the rights of religious schools are preserved.Section 30: clarifies the applicability of the Charter in the territories.Section 31: confirms that the Charter does not extend the powers of legislatures. Finally, Section 34: states that Part I of the Constitution Act, 1982, containing the first 34 sections of the Act, may be collectively referred to as the "Canadian Charter of Rights and Freedoms". History Many of the rights and freedoms that are protected under the Charter, including the rights to freedom of speech, habeas corpus and the presumption of innocence,⁸ have their roots in a set of Canadian laws and legal precedents⁹ sometimes known as the Implied Bill of Rights. Many of these rights were also included in the Canadian Bill of Rights, which the Canadian Parliament enacted in 1960. However, the Canadian Bill of Rights had a number of shortcomings. Unlike the Charter, it was an ordinary Act of Parliament, which could be amended by a simple majority of Parliament, and it was applicable only to the federal government. The courts also chose to interpret the Bill of Rights conservatively, only on rare occasions applying it to find a contrary law inoperative. The Bill of Rights did not contain all of the rights that are now included in the Charter, omitting, for instance, the right to vote¹⁰ and freedom of movement within Canada.¹¹ The centennial of Canadian Confederation in 1967 aroused greater interest within the government in constitutional reform. Said reforms would include improving safeguards of rights, as well as patriation of the Constitution, meaning the British Parliament would no longer have to approve constitutional amendments. Subsequently, Attorney General Pierre Trudeau appointed law professor Barry Strayer to research a potential bill of rights. While writing his report, Strayer consulted with a number of notable legal scholars, including Walter Tarnopolsky. Strayer's report advocated a number of ideas that were later incorporated into the Charter, including protection for language rights. Strayer also advocated excluding economic rights. Finally, he recommended allowing for limits on rights. Such limits are included in the Charter's limitation and notwithstanding clauses.¹² In 1968, Strayer was made the Director of the Constitutional Law Division of the Privy Council Office and in 1974 he became Assistant Deputy Minister of Justice. During those years, Strayer played a role in writing the bill that was ultimately adopted. Meanwhile, Trudeau, who had become Liberal leader and prime minister in 1968, still very much wanted a constitutional bill of rights. The federal government and the provinces discussed creating one during negotiations for patriation, which resulted in the Victoria Charter in 1971. This never came to be implemented. However, Trudeau continued with his efforts to patriate the Constitution, and promised constitutional change during the 1980 Quebec referendum. He would succeed in 1982 with the passage of the Canada Act 1982. This enacted the Constitution Act, 1982. The inclusion of a charter of rights in the Constitution Act was a much-debated issue. Trudeau spoke on television in October 1980,¹³ and announced his intention to constitutionalize a bill of rights that would include fundamental freedoms, democratic guarantees, freedom of movement, legal rights, equality and language rights.¹⁴ He did not want a notwithstanding clause. While his proposal gained popular support,¹⁵ provincial leaders opposed the potential limits on their powers. The federal Progressive Conservative opposition feared liberal bias among judges, should courts be called upon to enforce rights.¹⁶ Additionally, the British Parliament cited their right to uphold Canada's old form of government.¹⁷ At a suggestion of the Conservatives, Trudeau's government thus agreed to a committee of Senators and MPs to further examine the bill of rights as well as the patriation plan. During this time, 90 hours were spent on the bill of rights alone, all filmed for television,¹⁵ while civil rights experts and advocacy groups put forward their perceptions on the Charter's flaws and omissions and how to remedy them.¹⁵ As Canada had a parliamentary system of government, and as judges were perceived not to have enforced rights well in the past, it was questioned whether the courts should be named as the enforcers of the Charter, as Trudeau wanted. Conservatives argued that elected politicians should be trusted instead. It was eventually decided that the responsibility should go to the courts. At the urging of civil libertarians, judges could even now exclude evidence in trials if acquired in breach of Charter rights in certain circumstances, something the Charter was not originally going to provide for. As the process continued, more features were added to the Charter, including equality rights for people with disabilities, more sex equality guarantees and recognition of Canada's multiculturalism. The limitations clause was also reworded to focus less on the importance of parliamentary government and more on justifiability of limits in free societies; the latter logic was more in line with rights developments around the world after World War II.¹⁸ In its decision in the Patriation Reference (1981), the Supreme Court of Canada had ruled there was a tradition that some provincial approval should be sought for constitutional reform. As the provinces still had doubts about the Charter's merits, Trudeau was forced to accept the notwithstanding clause to allow governments to opt out of certain obligations. The notwithstanding clause was accepted as part of a deal called the Kitchen Accord, negotiated by the federal Attorney General Jean Chrétien, Ontario's justice minister Roy McMurtry and Saskatchewan's justice minister Roy Romanow. Pressure from provincial governments (which in Canada have jurisdiction over property) and from the country's left wing, especially the New Democratic Party, also prevented Trudeau from including any rights protecting private property.¹⁹ Nevertheless, Quebec did not support the Charter (or the Canada Act 1982), with "conflicting interpretations" as to why. The opposition could have owed to the Parti Québécois leadership being allegedly uncooperative, because it was more committed to gaining sovereignty for Quebec. It could have owed to Quebec leaders being excluded from the negotiation of the Kitchen Accord, which they saw as being too centralist. It could have owed to provincial leaders' objections to the Accord's provisions relating to the process of future constitutional amendment.²⁰ They also opposed the inclusion of mobility rights and minority language education rights.²¹ The Charter is still applicable in Quebec because all provinces are bound by the Constitution. However, Quebec's opposition to the 1982 patriation package has led to two failed attempts to amend the Constitution (the Meech Lake Accord and Charlottetown Accord) which were designed primarily to obtain Quebec's political approval of the Canadian constitutional order. While the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985 that the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review pre-existing statutes and strike potentially unconstitutional inequalities. The typography of the physical document pictured here, and still distributed today, was typeset by Ottawa's David Berman intentionally in Carl Dair's Cartier typeface: at the time the most prominent Canadian typeface, having been commissioned by the Governor-General as a celebration of Canada's centenary in 1967. The Charter has been amended since its enactment. Section 25 was amended in 1983 to explicitly recognize more rights regarding Aboriginal land claims, and section 16.1 was added in 1993. A proposed Rights of the Unborn Amendment in 1986–1987, which would have enshrined fetal rights, failed in the federal Parliament. Other proposed amendments to the Constitution, included in the Charlottetown Accord of 1992, were never passed. These amendments would have specifically required the Charter to be interpreted in a manner respectful of Quebec's distinct society, and would have added further statements to the Constitution Act, 1867 regarding racial and sexual equality and collective rights, and about minority language communities. Though the Accord was negotiated among many interest groups, the resulting provisions were so vague that Trudeau, then out of office, feared they would actually conflict with and undermine the Charter's individual rights. He felt judicial review of the rights might be undermined if courts had to favour the policies of provincial governments, as governments would be given responsibility over linguistic minorities. Trudeau thus played a prominent role in leading the popular opposition to the Accord.²² Interpretation and enforcement The task of interpreting and enforcing the Charter falls to the courts, with the Supreme Court of Canada being the ultimate authority on the matter. With the Charter's supremacy confirmed by section 52 of the Constitution Act, 1982, the courts continued their practice of striking down unconstitutional statutes or parts of statutes as they had with earlier case law regarding federalism. However, under section 24 of the Charter, courts also gained new powers to enforce creative remedies and exclude more evidence in trials. Courts have since made many important decisions, including R. v. Morgentaler (1988), which struck down Canada's abortion law, and Vriend v. Alberta (1998), in which the Supreme Court found the province's exclusion of homosexuals from protection against discrimination violated section 15. In the latter case, the Court then read the protection into the law. Courts may receive Charter questions in a number of ways. Rights claimants could be prosecuted under a criminal law that they argue is unconstitutional. Others may feel government services and policies are not being dispensed in accordance with the Charter, and apply to lower-level courts for injunctions against the government (as was the case in Doucet-Boudreau v. Nova Scotia (Minister of Education)). A government may also raise questions of rights by submitting reference questions to higher-level courts; for example, Prime Minister Paul Martin's government approached the Supreme Court with Charter questions as well as federalism concerns in the case Re Same-Sex Marriage (2004). Provinces may also do this with their superior courts. The government of Prince Edward Island initiated the Provincial Judges Reference by asking its provincial Supreme Court a question on judicial independence under section 11. In several important cases, judges developed various tests and precedents for interpreting specific provisions of the Charter. These include the Oakes test for section 1, set out in the case R. v. Oakes (1986), and the (now defunct²³ ) Law test for section 15, developed in Law v. Canada (1999). Since Re B.C. Motor Vehicle Act (1985), various approaches to defining and expanding the scope of fundamental justice (the Canadian name for natural justice or due process) under section 7 have been adopted. (For more information, see the articles on each Charter section). In general, courts have embraced a purposive interpretation of Charter rights.²⁴ This means that since early cases like Hunter v. Southam (1984) and R. v. Big M Drug Mart (1985), they have concentrated not on the traditional, limited understanding of what each right meant when the Charter was adopted in 1982, but rather on changing the scope of rights as appropriate to fit their broader purpose.²⁴ This is tied to the generous interpretation of rights, as the purpose of the Charter provisions is assumed to be to increase rights and freedoms of people in a variety of circumstances, at the expense of the government powers.²⁴ Constitutional scholar Peter Hogg has approved of the generous approach in some cases, although for others he argues the purpose of the provisions was not to achieve a set of rights as broad as courts have imagined.²⁴ Indeed, this approach has not been without its critics. Alberta politician Ted Morton and political scientist Rainer Knopff have been very critical of this phenomenon. Although they feel the basis for the approach, the living tree doctrine (the classical name for generous interpretations of the Canadian Constitution), is sound, they argue Charter case law has been more radical. When the living tree doctrine is applied right, the authors claim, "The elm remained an elm; it grew new branches but did not transform itself into an oak or a willow." The doctrine can be used, for example, so a right is upheld even when a government threatens to violate it with new technology, as long as the essential right remains the same; but the authors claim that the courts have used the doctrine to "create new rights." As an example, the authors note that the Charter right against self-incrimination has been extended to cover scenarios in the justice system that had previously been unregulated by self-incrimination rights in other Canadian laws.²⁵ Another general approach to interpreting Charter rights is to consider international legal precedents with countries that have specific rights protections, such as the United States Bill of Rights (an influence on aspects of the Charter) and the Constitution of South Africa. However, international precedent is only of guiding value, and is not binding. For example, the Supreme Court has referred to the Charter and the American Bill of Rights as being "born to different countries in different ages and in different circumstances."²⁶ Public interest groups frequently intervene in cases to make arguments on how to interpret the Charter. Some examples are the British Columbia Civil Liberties Association, Canadian Civil Liberties Association, the Canadian Mental Health Association, the Canadian Labour Congress, the Women's Legal Education and Action Fund (LEAF), and REAL Women of Canada. The purpose of such interventions is to assist the court and to attempt to influence the court to render a decision favourable to the legal interests of the group. A further approach to the Charter, taken by the courts, is the dialogue principle, which involves greater participation by elected governments. This approach involves governments drafting legislation in response to court rulings and courts acknowledging the effort if the new legislation is challenged. Comparisons with other human rights documents Some Canadian Members of Parliament saw the movement to entrench a charter as contrary to the British model of Parliamentary supremacy. Others would say that the European Convention on Human Rights (ECHR) has now limited British parliamentary power to a greater degree than the Canadian Charter limited the power of the Canadian Parliament and provincial legislatures. Hogg has speculated that the British adopted the Human Rights Act 1998, which allows the ECHR to be enforced directly in domestic courts, partly because they were inspired by the similar Canadian Charter.²⁷ The Canadian Charter bears a number of similarities to the European Convention, specifically in relation to the limitations clauses contained in the European document.²⁸ Because of this similarity with European human rights law, the Supreme Court of Canada turns not only to the Constitution of the United States case law in interpreting the Charter, but also to European Court of Human Rights cases. The core distinction between the United States Bill of Rights and Canadian Charter is the existence of the limitations and notwithstanding clauses. Canadian courts have consequently interpreted each right more expansively.²⁹ However, due to the limitations clause, where a violation of a right exists, the law will not necessarily grant protection of that right.²⁹ In contrast, rights under the US Bill of Rights are absolute and so a violation will not be found until there has been sufficient encroachment on those rights. The sum effect is that both constitutions provide comparable protection of many rights.²⁹ Fundamental justice (in section 7 of the Canadian Charter) is therefore interpreted to include more legal protections than due process, which is its US equivalent. Freedom of expression in section 2 also has a more wide-ranging scope than the First Amendment to the United States Constitution's freedom of speech.²⁹ In RWDSU v. Dolphin Delivery Ltd. (1986), the Canadian Supreme Court considered picketing of the kind the US First Amendment did not permit, as it was disruptive conduct (though there was some speech involved that the First Amendment might otherwise protect). The Supreme Court, however, ruled the picketing, including the disruptive conduct, were fully protected under section 2 of the Charter. The Court then relied on section 1 to find the injunction against the picketing was just.³⁰ The limitations clause has also allowed governments to enact laws that would be considered unconstitutional in the US. The Supreme Court of Canada has upheld some of Quebec's limits on the use of English on signs and has upheld publication bans that prohibit media from mentioning the names of juvenile criminals. Section 28 of the Charter performs a function similar to that of the unratified Equal Rights Amendment in the US. While that proposed amendment had many critics, there was no comparable opposition to the Charter's section 28.³¹ Still, Canadian feminists had to stage large protests to demonstrate support for the inclusion of the section which had not been part of the original draft of the charter.³² ³³ The International Covenant on Civil and Political Rights has several parallels with the Canadian Charter, but in some cases the Covenant goes further with regard to rights in its text. For example, a right to legal aid has been read into section 10 of the Charter (the right to counsel), but the Covenant explicitly guarantees the accused need not pay "if he does not have sufficient means."³⁴ The Canadian Charter has little to say, explicitly at least, about economic and social rights. On this point, it stands in marked contrast with the Quebec Charter of Human Rights and Freedoms and with the International Covenant on Economic, Social and Cultural Rights. There are some who feel economic rights ought to be read into section 7 rights to security of the person and section 15 equality rights to make the Charter similar to the Covenant.³² The rationale is that economic rights can relate to a decent standard of living and can help the civil rights flourish in a livable environment.³² Canadian courts, however, have been hesitant in this area, stating that economic rights are political questions and adding that as positive rights, economic rights are of questionable legitimacy.³² The Charter itself influenced the Bill of Rights in the Constitution of South Africa.³² The limitations clause under section 36 of the South African law has been compared to section 1 of that Charter.²⁸ Jamaica's Charter of Fundamental Rights and Freedoms was also influenced, in part, by the Canadian charter.³⁵ ³⁶ The Charter and national values The Charter was intended to be a source for Canadian values and national unity. As Professor Alan Cairns noted, "The initial federal government premise was on developing a pan-Canadian identity."²⁷ Trudeau himself later wrote in his Memoirs that "Canada itself" could now be defined as a "society where all people are equal and where they share some fundamental values based upon freedom", and that all Canadians could identify with the values of liberty and equality.³⁷ The Charter's unifying purpose was particularly important to the mobility and language rights. According to author Rand Dyck, some scholars believe section 23, with its minority language education rights, "was the only part of the Charter with which Pierre Trudeau was truly concerned".³⁸ Through the mobility and language rights, French Canadians, who have been at the centre of unity debates, are able to travel throughout all Canada and receive government and educational services in their own language. Hence, they are not confined to Quebec (the only province where they form the majority and where most of their population is based), which would polarize the country along regional lines. The Charter was also supposed to standardize previously diverse laws throughout the country and gear them towards a single principle of liberty.³⁹ Former premier of Ontario Bob Rae has stated that the Charter "functions as a symbol for all Canadians" in practice because it represents the core value of freedom.²⁷ Academic Peter Russell has been more skeptical of the Charter's value in this field. Cairns, who feels the Charter is the most important constitutional document to many Canadians, and that the Charter was meant to shape the Canadian identity, has also expressed concern that groups within society see certain provisions as belonging to them alone rather than to all Canadians.²⁷ It has also been noted that issues like abortion and pornography, raised by the Charter, tend to be controversial.³⁹ Still, opinion polls in 2002 showed Canadians felt the Charter significantly represented Canada, although many were unaware of the document's actual contents.⁴⁰ The only values mentioned by the Charter's preamble are recognition for the supremacy of God and the rule of law, but these have been controversial and of minor legal consequence. In 1999, MP Svend Robinson brought forward a failed proposal before the Canadian House of Commons that would have amended the Charter by removing the mention of God, as he felt it did not reflect Canada's diversity. Section 27 also recognizes a value of multiculturalism. In 2002, polls found 86% of Canadians approved of this section.⁴¹ Criticism While the Charter has enjoyed a great deal of popularity, with 82% of Canadians describing it as a good thing in opinion polls in 1987 and 1999,²⁷ the document has also been subject to published criticisms from both sides of the political spectrum. One left-wing critic is Professor Michael Mandel, who wrote that in comparison to politicians, judges do not have to be as sensitive to the will of the electorate, nor do they have to make sure their decisions are easily understandable to the average Canadian citizen. This, in Mandel's view, limits democracy.⁴² Mandel has also asserted that the Charter makes Canada more like the United States, especially by serving corporate rights and individual rights rather than group rights and social rights.⁴² He has argued that there are several rights that should be included in the Charter, such as a right to health care and a basic right to free education. Hence, the perceived Americanization of Canadian politics is seen as coming at the expense of values more important for Canadians.⁴² The union movement has been disappointed in the reluctance of the courts to use the Charter to support various forms of union activity, such as the "right to strike". Right-wing critics Morton and Knopff have raised several concerns about the Charter, notably by alleging that the federal government has used it to limit provincial powers by allying with various rights claimants and interest groups. In their book The Charter Revolution & the Court Party, Morton and Knopff express their suspicions of this alliance in detail, accusing the Trudeau and Chrétien governments of funding litigious groups. For example, these governments used the Court Challenges Program to support minority language educational rights claims. Morton and Knopff also claim that crown counsel have intentionally lost cases in which the government was taken to court for allegedly violating rights, particularly gay rights and women's rights.⁴³ Political scientist Rand Dyck, in observing these criticisms, notes that while judges have had their scope of review widened, they have still upheld most laws challenged on Charter grounds. With regard to litigious interest groups, Dyck points out that "the record is not as clear as Morton and Knopff imply. All such groups have experienced wins and losses."⁴⁴ The political philosopher Charles Blattberg has criticized the Charter for contributing to the fragmentation of the country, at both the individual and group levels. In encouraging discourse based upon rights, the Charter is said to inject an adversarial spirit into Canadian politics, making it difficult to realize the common good. Blattberg also claims that the Charter undercuts the Canadian political community since it is ultimately a cosmopolitan document. Finally, he argues that people would be more motivated to uphold individual liberties if they were expressed with terms that are much "thicker" (less abstract) than rights.⁴⁵ See also - Canadian Bill of Rights - Canadian Human Rights Act - History of Canada - Human rights in Canada - Quebec Charter of Human Rights and Freedoms - Supreme Court of Canada - Veterans' Bill of Rights + List of Supreme Court of Canada cases (Dickson Court) + List of Supreme Court of Canada cases (Lamer Court) + List of Supreme Court of Canada cases (McLachlin Court) References [1] Only one federal law was declared inoperative by the Supreme Court of Canada: R. v. Drybones (1969), [1970] S.C.R. 282. For an example of the narrow interpretation of the Supreme Court of Canada see Attorney General of Canada v. Lavell, [1974] S.C.R. 1349. [2] Hogg, Peter W. Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 689. [3] Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 741–742 [4] Heather Scoffield, "Ottawa rules out invoking notwithstanding clause to stop migrant ships," Canadian Press, September 13, 2010 [5] Marriage Act, R.S.A. 2000, c. M-5. Accessed URL on March 10, 2006. [6] McKnight, Peter. "Notwithstanding what?" The Vancouver Sun, January 21, 2006, pg. C.4. [7] Library of Parliament, Parliamentary Information and Research Service, The Notwithstanding Clause of the Charter, prepared by David Johansen, 1989, as revised May 2005. Retrieved August 7, 2006. [8] "Sources of Canadian Law", Department of Justice Canada. Retrieved March 20, 2006. [9] The Constitutional Law Group, Canadian Constitutional Law, Third Edition, Toronto: Edmond Montgomery Publications Limited, p. 635. [10] Hogg, Peter W. Canada Act 1982 Annotated. Toronto: The Carswell Company Limited, 1982. [11] United States of America v. Cotroni; United States of America v. El Zein [1989] 1 S.C.R. 1469. [12] Strayer, Barry L. "My Constitutional Summer of 1967", Reflections on the Charter, Department of Justice Canada. Retrieved March 18, 2006. [13] "Charting the Future: Canada's New Constitution | CBC Archives". Archives.cbc.ca. Retrieved 2010-06-30. [14] Weinrib, Lorraine Eisenstat. "Trudeau and the Canadian Charter of Rights and Freedoms: A Question of Constitutional Maturation." In Trudeau's Shadow: The Life and Legacy of Pierre Elliott Trudeau. Edited by Andrew Cohen and JL Granatstein. Vintage Canada, 1998, pages 269. [15] Weinrib, 270. [16] Weinrib, 271. [17] Weinrib, 272. [18] Weinrib, pages 271–272. [19] David Johansen, "PROPERTY RIGHTS AND THE CONSTITUTION," Library of Parliament (Canada), Law and Government Division, October 1991. [20] "The Night of Long Knives", Canada: A People's History. CBC. Retrieved April 8, 2006. [21] CBC evening news broadcast, November 5, 1981. Online at CBC Archives, beginning at timepoint 4:04 of the clip. Retrieved August 8, 2006. [22] Behiels, Michael D. "Who Speaks for Canada? Trudeau and the Constitutional Crisis." In Trudeau's Shadow: The Life and Legacy of Pierre Elliott Trudeau, page 346. [23] R. v. Kapp, 2008 SCC 41, [2008] 2 SCR 483 [24] Hogg, Constitutional Law of Canada, 2003 Student Ed., pages 722 and 724–725. [25] Morton, F.L. and Rainer Knopff. The Charter Revolution & the Court Party. Toronto: Broadview Press, 2000, pages 46–47. [26] Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 732; the case quoted was R. v. Rahey (1987) by Gérard La Forest. [27] Saunders, Philip (April 2002). "The Charter at 20". CBC News Online. Archived from the original on 7 March 2006. Retrieved March 17, 2006. [28] Brice Dickson, "Human Rights in the 21st Century," Amnesty International Lecture, Queen's University, Belfast, 11 November 1999. [29] Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 732–733. [30] Manfredi, Christopher P. "The Canadian Supreme Court and American Judicial Review: United States Constitutional Jurisprudence and the Canadian Charter of Rights and Freedoms." The American Journal of Comparative Law, vol. 40, no. 1. (Winter, 1992), pages 12–13. [31] Women's International Network News, "Women on the Move in Canada." Summer 1993, Vol. 19 Issue 3, page 71. [32] Lugtig, Sarah and Debra Parkes, "Where do we go from here?" Herizons, Spring 2002, Vol. 15 Issue 4, page 14. [33] Doris Anderson, "Canadian Women and the Charter of Rights" (2005) 19 Nat'l J Const L 369. [34] Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 733–734. [35] http://jis.gov.jm/media/charter-of-rights1.pdf [36] http://jamaica-gleaner.com/gleaner/20110417/cleisure/cleisure2.html [37] Trudeau, Pierre Elliott. Memoirs, Toronto: McClelland & Stewart, 1993, pages 322–323. [38] Dyck, Rand. Canadian Politics: Critical Approaches. Third ed. Scarborough, Ontario: Nelson Thomson Learning, 2000, page 442. [39] Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 704–705. [40] Byfield, Joanne. "The right to be ignorant." Report/Newsmagazine (National Edition); December 16, 2002, Vol. 29, Issue 24, page 56. [41] Tracey Tyler, "Support for Charter runs strong: Survey; Approval highest in Quebec on 20-year-old rights law", Toronto Star, Apr 12, 2002, p. A07. [42] Dyck, page 446, summarizing Mandel, Michael, The Charter of Rights and the Legalization of Politics in Canada (Toronto: Wall and Thompson, 1989; revised edition, 1994) [43] Morton and Knopff, 95. They complain about crown counsels on page 117. [44] Dyck, page 448. [45] Blattberg, Charles. Shall We Dance? A Patriotic Politics for Canada. Montreal and Kingston: McGill-Queen's University Press, 2003, especially pages 83–94 Bibliography - G.-A Beaudoin and E. Ratushny, The Canadian Charter of Rights and Freedoms 2nd ed., Carswell, Toronto, 1989. - P.W. Hogg, Constitutional law of Canada, 4th ed., Carswell: Scarborough with Supplement to Constitutional Law of Canada (2002-) - J.P. Humphrey, Human Rights and the United Nations: A Great Adventure, New York: Transnational Publishers, 1984. - J.E. Magnet, Constitutional Law, 8th ed. (2001). Further reading - Black-Branch, Jonathan L (1995), Making sense of the Canadian Charter of Rights and Freedoms, Canadian Education Association ISBN 0-920315-78-X - Silver, Cindy (1995?). Family Autonomy and the Charter of Rights: Protecting Parental Liberty in a Child-Centred Legal System, in series, Discussion Paper [of] the Centre for Renewal in Public Policy, 3. Gloucester, Ont.: Centre for Renewal in Public Policy. 27 p. External links - Canadian Charter of Rights and Freedoms - Canadian Department of Justice website - Building a Just Society: A Retrospective of Canadian Rights and Freedoms at Library and Archives Canada - Charter of Rights Decisions Digest by the Canadian Legal Information Institute - Constitutional Law of Canada by Professor Joseph E. Magnet, University of Ottawa - Fundamental Freedoms: The Charter of Rights and Freedoms - Charter of Rights and Freedoms website with video, audio and the Charter in more than 10 languages Common law "Common Law" redirects here. For other uses, see Common law (disambiguation). Common law is law developed from the thirteenth century to the present day, by case law or precedent, by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases.² ³ ⁴ ⁵ Common law is a body of law made by judges,⁶ in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision).⁷ Resolution of the issue in one case becomes precedent that binds future courts. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.⁸ A "common law system" is a legal system that gives great precedential weight to common law.⁹ ¹⁰ ¹¹ ¹² Common law systems originated during the Middle Ages in England,¹³ and from there propagated to the colonies of the British Empire. Today, one third of the world's population live in common law jurisdictions or in systems mixed with civil law. Definitions The term common law has many connotations. The first three set out here are the most-common usages within the legal community. Other connotations from past centuries are sometimes seen, and are sometimes heard in everyday speech. Common law as opposed to statutory law and regulatory law Black's Law Dictionary, 10th Ed., gives as definition 1, "1. The body of law derived from judicial decisions, rather than from statutes or constitutions; [synonym] CASELAW, [contrast] STATUTORY LAW."³ (Black's Law Dictionary is the main legal dictionary used among legal professionals in the U.S.) This usage is given as the first definition in modern legal dictionaries, is characterized as the "most common" usage among legal professionals, and is the usage frequently seen in decisions of courts.² ⁴ ⁵ ¹⁴ In this connotation, "common law" distinguishes the authority that promulgated a law. For example, the law in most Anglo-American jurisdictions includes "statutory law" enacted by a legislature, "regulatory law" (in the U.S.) or "delegated legislation" (in the U.K.) promulgated by executive branch agencies pursuant to delegation of rule-making authority from the legislature, and common law or "case law", i.e., decisions issued by courts (or quasi-judicial tribunals within agencies).¹⁵ This first connotation can be further differentiated into (a) pure common law arising from the traditional and inherent authority of courts to define what the law is, even in the absence of an underlying statute or regulation. Examples include most criminal law and procedural law before the 20th century, and even today, most contract law and the law of torts. (b) interstitial common law court decisions that analyze, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies. This body of common law, sometimes called "interstitial common law," includes judicial interpretation of the Constitution, of legislative statutes, and of agency regulations, and the application of law to specific facts.² Publication of decisions, and indexing, is essential to the development of common law, and thus governments and private publishers publish law reports.¹⁶ While all decisions in common law jurisdictions are precedent (at varying levels and scope as discussed throughout the article on precedent), some become "leading cases" or "landmark decisions" that are cited especially often. Common law legal systems as opposed to civil law legal systems Black's 10th Ed., definition 2, differentiates "common law" jurisdictions and legal systems from "civil law" or "code" jurisdictions.⁹ ¹⁰ Common law systems place great weight on court decisions, which are considered "law" with the same force of law as statutes—for nearly a millennium, common law courts have had the authority to make law where no legislative statute exists, and statutes mean what courts interpret them to mean. By contrast, in civil law jurisdictions (the legal tradition that prevails, or is combined with common law, in Europe and most non-Islamic, non-common law countries), courts lack authority to act if there is no statute. Judicial precedent is given less interpretive weight, which means that a judge deciding a given case has more freedom to interpret the text of a statute independently, and less predictably. For example, the Napoleonic code expressly forbade French judges to pronounce general principles of law.¹⁷ The role of providing overarching principles, which in common law jurisdictions is provided in judicial opinions, in civil law jurisdictions is filled by giving greater weight to scholarly literature, as explained below. As a rule of thumb, common law systems trace their history to England, while civil law systems trace their history through the Napoleonic Code back to the Corpus Juris Civilis of Roman law.¹⁸ ¹⁹ Law as opposed to equity Black's 10th Ed., definition 4, differentiates "common law" (or just "law") from "equity".²⁰ Additional legal dictionary cites include.¹⁵ ²¹ Before 1873, England had two parallel court systems: courts of "law" which could only award money damages and recognized only the legal owner of property, and courts of "equity" (courts of chancery) that could issue injunctive relief (that is, a court order to a party to do something, give something to someone, or stop doing something) and recognized trusts of property. This split propagated to many of the colonies, including the United States. For most purposes, most jurisdictions, including the U.S. federal system and most states, have merged the two courts.²² ²³ Additionally, even before the separate courts were merged, most courts were permitted to apply both law and equity, though under potentially different procedural law. Nonetheless, the historical distinction between "law" and "equity" remains important today when the case involves issues such as the following: - categorizing and prioritizing rights to property—for example, the same article of property often has a "legal title" and an "equitable title," and these two groups of ownership rights may be held by different people. - in the United States, determining whether the Seventh Amendment's right to a jury trial applies (a determination of a fact necessary to resolution of a "common law" claim)²⁴ or whether the issue will be decided by a judge (issues of what the law is, and all issues relating to equity). - the standard of review and degree of deference given by an appellate tribunal to the decision of the lower tribunal under review (issues of law are reviewed de novo, that is, "as if new" from scratch by the appellate tribunal, while most issues of equity are reviewed for "abuse of discretion," that is, with great deference to the tribunal below). - the remedies available and rules of procedure to be applied. Courts of equity rely on common law principles of binding precedent. Archaic meanings and historical uses In addition, there are several historical uses of the term that provide some background as to its meaning. In one archaic usage, "common law" refers to the pre-Christian system of law, imported by the Saxons to England, and dating to before the Norman conquest, and before there was any consistent law to be applied.²⁵ ²⁶ This definition is found or alluded to in some internet dictionaries.²⁷ "Common law" as the term is used today in common law countries contrasts with ius commune. While historically the ius commune became a secure point of reference in continental European legal systems, in England it was not a point of reference at all.²⁸ The English Court of Common Pleas dealt with lawsuits in which the Monarch had no interest, i.e., between commoners. Black's definition 3 is "3. General law common to a country as a whole, as opposed to special law that has only local application."²⁹ From at least the 11th century and continuing for several centuries after that, there were several different circuits in the royal court system, served by itinerant judges who would travel from town to town dispensing the King's justice in "assizes". The term "common law" was used to describe the law held in common between the circuits and the different stops in each circuit. The more widely a particular law was recognized, the more weight it held, whereas purely local customs were generally subordinate to law recognized in a plurality of jurisdictions. Misconceptions A number of misconceptions of the term "common law" exist in popular culture. - Under the modern view, "common law" is not grounded in "custom," but rather acquires force of law to the extent stated in judicial opinion. From the earliest times through the late 19th century, the dominant theory was that the common law was a pre-existent law or system of rules, a social standard of justice that existed in the habits, customs, and thoughts of the people. Under this older view, the legal profession considered it no part of judge's duty to make new or change existing law, but only to expound and apply the old. By the early 20th century, largely at the urging of Oliver Wendell Holmes (as discussed throughout this article), this view had fallen into the minority view: Holmes pointed out that the older view worked undesirable and unjust results, and hampered a proper development of the law. In the century since Holmes, the dominant understanding has been that common law "decisions are themselves law, or rather the rules which the courts lay down in making the decisions constitute law."⁶ The reality of the modern view can be seen in practical operation: under the old "pre-existing custom" view, jurisdictions could not logically diverge from each other (but nonetheless did), a new decision logically needed to operate retroactively (but did not), and there was no standard to decide which English medieval customs should be "law" and which should not. All three tensions resolve under the modern view: the common law in different jurisdictions may diverge, and new decisions need not have retroactive operation. - The common law is not frozen in time. The law as it existed in the 18th century is relevant in only a few isolated contexts;³⁰ there is no fixed reference point (for example the 11th or 18th centuries) for the definition of "common law." The common law evolves daily as courts issue precedential decisions, and all parties in the legal system (courts, lawyers, and all others) are responsible for up-to-date knowledge.³¹ - The common law is not "unwritten." Common law exists in writing—as must any law that is to be applied consistently—in the written decisions of judges.² ⁶ ³ - Common law is not the product of "universal consent." Rather, the common law is often anti-majoritarian.³² ³³ Basic principles of common law Common law adjudication In a common law jurisdiction several stages of research and analysis are required to determine "what the law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. Later decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts.³⁴ Finally, one integrates all the lines drawn and reasons given, and determines "what the law is". Then, one applies that law to the facts. In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law, statutory law and regulatory law also give rise to considerable complexity. The common law evolves to meet changing social needs and improved understanding Justice Holmes cautioned that "the proper derivation of general principles in both common and constitutional law ... arise gradually, in the emergence of a consensus from a multitude of particularized prior decisions."³⁵ Justice Cardozo noted the "common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively," but "[i]ts method is inductive, and it draws its generalizations from particulars."³⁶ The common law is more malleable than statutory law. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and social philosophy. Second, the common law evolves through a series of gradual steps, that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects.³⁷ In contrast to common law incrementalism, the legislative process is very difficult to get started, as legislatures tend to delay action until a situation is totally intolerable. For these reasons, legislative changes tend to be large, jarring and disruptive (sometimes positively, sometimes negatively, and sometimes with unintended consequences). One example of the gradual change that typifies evolution of the common law is the gradual change in liability for negligence. The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were in privity of contract. Thus, only the immediate purchaser could recover for a product defect, and if a part was built up out of parts from parts manufacturers, the ultimate buyer could not recover for injury caused by a defect in the part. In an 1842 English case, Winterbottom v. Wright,³⁸ the postal service had contracted with Wright to maintain its coaches. Winterbottom was a driver for the post. When the coach failed and injured Winterbottom, he sued Wright. The Winterbottom court recognized that there would be "absurd and outrageous consequences" if an injured person could sue any person peripherally involved, and knew it had to draw a line somewhere, a limit on the causal connection between the negligent conduct and the injury. The court looked to the contractual relationships, and held that liability would only flow as far as the person in immediate contract ("privity") with the negligent party. A first exception to this rule arose in 1852, in the case of Thomas v. Winchester,³⁹ when New York's highest court held that mislabeling a poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put "human life in imminent danger." Thomas relied on this reason to create an exception to the "privity" rule. In, 1909, New York held in Statler v. Ray Mfg. Co.⁴⁰ that a coffee urn manufacturer was liable to a person injured when the urn exploded, because the urn "was of such a character inherently that, when applied to the purposes for which it was designed, it was liable to become a source of great danger to many people if not carefully and properly constructed." Yet the privity rule survived. In Cadillac Motor Car Co. v. Johnson,⁴¹ (decided in 1915 by the federal appeals court for New York and several neighboring states), the court held that a car owner could not recover for injuries from a defective wheel, when the automobile owner had a contract only with the automobile dealer and not with the manufacturer, even though there was "no question that the wheel was made of dead and 'dozy' wood, quite insufficient for its purposes." The Cadillac court was willing to acknowledge that the case law supported exceptions for "an article dangerous in its nature or likely to become so in the course of the ordinary usage to be contemplated by the vendor." However, held the Cadillac court, "one who manufactures articles dangerous only if defectively made, or installed, e.g., tables, chairs, pictures or mirrors hung on the walls, carriages, automobiles, and so on, is not liable to third parties for injuries caused by them, except in case of willful injury or fraud," Finally, in the famous case of MacPherson v. Buick Motor Co.,⁴² in 1916, Judge Benjamin Cardozo for New York's highest court pulled a broader principle out of these predecessor cases. The facts were almost identical to Cadillac a year earlier: a wheel from a wheel manufacturer was sold to Buick, to a dealer, to MacPherson, and the wheel failed, injuring MacPherson. Judge Cardozo held: It may be that Statler v. Ray Mfg. Co. have extended the rule of Thomas v. Winchester. If so, this court is committed to the extension. The defendant argues that things imminently dangerous to life are poisons, explosives, deadly weapons—things whose normal function it is to injure or destroy. But whatever the rule in Thomas v. Winchester may once have been, it has no longer that restricted meaning. A scaffold (Devlin v. Smith, supra) is not inherently a destructive instrument. It becomes destructive only if imperfectly constructed. A large coffee urn (Statler v. Ray Mfg. Co., supra) may have within itself, if negligently made, the potency of danger, yet no one thinks of it as an implement whose normal function is destruction. What is true of the coffee urn is equally true of bottles of aerated water (Torgeson v. Schultz, 192 N. Y. 156). We have mentioned only cases in this court. But the rule has received a like extension in our courts of intermediate appeal. In Burke v. Ireland (26 App. Div. 487), in an opinion by CULLEN, J., it was applied to a builder who constructed a defective building; in Kahner v. Otis Elevator Co. (96 App. Div. 169) to the manufacturer of an elevator; in Davies v. Pelham Hod Elevating Co. (65 Hun, 573; affirmed in this court without opinion, 146 N. Y. 363) to a contractor who furnished a defective rope with knowledge of the purpose for which the rope was to be used. We are not required at this time either to approve or to disapprove the application of the rule that was made in these cases. It is enough that they help to characterize the trend of judicial thought. We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, explosives, and things of like nature, to things which in their normal operation are implements of destruction. If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. ... There must be knowledge of a danger, not merely possible, but probable. Cardozo's new "rule" exists in no prior case, but is inferrable as a synthesis of the "thing of danger" principle stated in them, merely extending it to "foreseeable danger" even if "the purposes for which it was designed" were not themselves "a source of great danger." MacPherson takes some care to present itself as foreseeable progression, not a wild departure. Cardozo continues to adhere to the original principle of Winterbottom, that "absurd and outrageous consequences" must be avoided, and he does so by drawing a new line in the last sentence quoted above: "There must be knowledge of a danger, not merely possible, but probable." But while adhering to the underlying principle that some boundary is necessary, MacPherson overruled the prior common law by rendering the formerly dominant factor in the boundary, that is, the privity formality arising out of a contractual relationship between persons, totally irrelevant. Rather, the most important factor in the boundary would be the nature of the thing sold and the foreseeable uses that downstream purchasers would make of the thing. This illustrates two crucial principles that are often not well understood by non-lawyers. (a) The common law evolves, this evolution is in the hands of judges, and judges have "made law" for hundreds of years. (b) The reasons given for a decision are often more important in the long run than the outcome in a particular case. This is the reason that judicial opinions are usually quite long, and give rationales and policies that can be balanced with judgment in future cases, rather than the bright-line rules usually embodied in statutes. Publication of decisions All law systems rely on written publication of the law, so that it is accessible to all. Common law decisions are published in law reports for use by lawyers, courts and the general public.⁴³ After the American Revolution, Massachusetts became the first state to establish an official Reporter of Decisions. As newer states needed law, they often looked first to the Massachusetts Reports for authoritative precedents as a basis for their own common law.⁴⁴ The United States federal courts relied on private publishers until after the Civil War, and only began publishing as a government function in 1874. West Publishing in Minnesota is the largest private-sector publisher of law reports in the United States. Government publishers typically issue only decisions "in the raw," while private sector publishers often add indexing, editorial analysis, and similar finding aids. Interaction of constitutional, statutory and common law In common law legal systems, the common law is crucial to understanding almost all important areas of law. For example, in England and Wales, in English Canada, and in most states of the United States, the basic law of contracts, torts and property do not exist in statute, but only in common law (though there may be isolated modifications enacted by statute). As another example, the Supreme Court of the United States in 1877,⁴⁵ held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage, because the statute did not affirmatively require statutory solemnization and was silent as to preexisting common law. In almost all areas of the law (even those where there is a statutory framework, such as contracts for the sale of goods,⁴⁶ or the criminal law),⁴⁷ legislature-enacted statutes generally give only terse statements of general principle, and the fine boundaries and definitions exist only in the interstitial common law. To find out what the precise law is that applies to a particular set of facts, one has to locate precedential decisions on the topic, and reason from those decisions by analogy. In common law (as opposed to civil law) jurisdictions, legislatures operate under the assumption that statutes will be interpreted against the backdrop of the pre-existing and custom.. As the United States Supreme Court explained in United States v Texas, 507 U.S. 529 (1993): Just as longstanding is the principle that "[s]tatutes which invade the common law ... are to be read with a presumption favoring the retention of long-established and familiar principles, except when a statutory purpose to the contrary is evident." Isbrandtsen Co. v. Johnson, 343 U.S. 779, 783 (1952); Astoria Federal Savings & Loan Assn. v. Solimino, 501 U.S. 104, 108 (1991). In such cases, Congress does not write upon a clean slate. Astoria, 501 U.S. at 108. In order to abrogate a common-law principle, the statute must "speak directly" to the question addressed by the common law. Mobil Oil Corp. v. Higginbotham, 436 U. S. 618, 625 (1978); Milwaukee v. Illinois, 451 U. S. 304, 315 (1981). For example, in most U.S. states, the criminal statutes are primarily codification of pre-existing common law. (Codification is the process of enacting a statute that collects and restates pre-existing law in a single document—when that pre-existing law is common law, the common law remains relevant to the interpretation of these statutes.) In reliance on this assumption, modern statutes often leave a number of terms and fine distinctions unstated—for example, a statute might be very brief, leaving the precise definition of terms unstated, under the assumption that these fine distinctions will be inherited from pre-existing common law. (For this reason, many modern American law schools teach the common law of crime as it stood in England in 1789, because that centuries-old English common law is a necessary foundation to interpreting modern criminal statutes.) With the transition from English law, which had common law crimes, to the new legal system under the U.S. Constitution, which prohibited ex post facto laws at both the federal and state level, the question was raised whether there could be common law crimes in the United States. It was settled in the case of United States v. Hudson and Goodwin, 11 U.S. 32 (1812), which decided that federal courts had no jurisdiction to define new common law crimes, and that there must always be a (constitutional) statute defining the offense and the penalty for it. Still, many states retain selected common law crimes. For example, in Virginia, the definition of the conduct that constitutes the crime of robbery exists only in the common law, and the robbery statute only sets the punishment.⁴⁸ Virginia Code section 1-200 establishes the continued existence and vitality of common law principles and provides that "The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly." By contrast to statutory codification of common law, some statutes displace common law, for example to create a new cause of action that did not exist in the common law, or to legislatively overrule the common law. An example is the tort of wrongful death, which allows certain persons, usually a spouse, child or estate, to sue for damages on behalf of the deceased. There is no such tort in English common law; thus, any jurisdiction that lacks a wrongful death statute will not allow a lawsuit for the wrongful death of a loved one. Where a wrongful death statute exists, the compensation or other remedy available is limited to the remedy specified in the statute (typically, an upper limit on the amount of damages). Courts generally interpret statutes that create new causes of action narrowly—that is, limited to their precise terms—because the courts generally recognize the legislature as being supreme in deciding the reach of judge-made law unless such statute should violate some "second order" constitutional law provision (cf. judicial activism). Where a tort is rooted in common law, all traditionally recognized damages for that tort may be sued for, whether or not there is mention of those damages in the current statutory law. For instance, a person who sustains bodily injury through the negligence of another may sue for medical costs, pain, suffering, loss of earnings or earning capacity, mental and/or emotional distress, loss of quality of life, disfigurement and more. These damages need not be set forth in statute as they already exist in the tradition of common law. However, without a wrongful death statute, most of them are extinguished upon death. In the United States, the power of the federal judiciary to review and invalidate unconstitutional acts of the federal executive branch is stated in the constitution, Article III sections 1 and 2: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. ... The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority..." The first famous statement of "the judicial power" was Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). Later cases interpreted the "judicial power" of Article III to establish the power of federal courts to consider or overturn any action of Congress or of any state that conflicts with the Constitution. The interactions between decisions of different courts is discussed further in the article on precedent. Overruling precedent—the limits of stare decisis The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals (plus a thirteenth, the Court of Appeals for the Federal Circuit, which hears appeals in patent cases and cases against the federal government, without geographic limitation). Decisions of one circuit court are binding on the district courts within the circuit and on the circuit court itself, but are only persuasive authority on sister circuits. District court decisions are not binding precedent at all, only persuasive. Most of the U.S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels (most of the courts of appeal almost always sit in panels of three), the earlier panel decision is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc (that is, all active judges of the court) or by a higher court.⁴⁹ In these courts, the older decision remains controlling when an issue comes up the third time. Other courts, for example, the Court of Customs and Patent Appeals and the Supreme Court, always sit en banc, and thus the later decision controls. These courts essentially overrule all previous cases in each new case, and older cases survive only to the extent they do not conflict with newer cases. The interpretations of these courts—for example, Supreme Court interpretations of the constitution or federal statutes—are stable only so long as the older interpretation maintains the support of a majority of the court. Older decisions persist through some combination of belief that the old decision is right, and that it is not sufficiently wrong to be overruled. In the UK, since 2009, the Supreme Court of the United Kingdom has the authority to overrule and unify decisions of lower courts. From 1966 to 2009, this power lay with the House of Lords, granted by the Practice Statement of 1966.⁵⁰ Canada's system, described below, avoids regional variability of federal law by giving national jurisdiction to both layers of appellate courts. Common law as a foundation for commercial economies The industrial revolution (comprising a shift from an agrarian peasant cottage industry system to a mass-manufacturing economy with workers paid in cash) began in England in the early 1700s in Coalbrookdale and Ironbridge. Crucially, the English common law was sufficiently flexible to adapt its archaic contractual rules into new formats suited to modern commerce. The rigidity of continental legal systems held their economies back for decades: while in 1789 the French were embarking on the overthrow of their absolute monarch, the English courts (in Payne v Cave) were busily refining the rules of auction sales! The reliance on judicial opinion is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency. As Justice Brandeis famously expressed it, "in most matters it is more important that the applicable rule of law be settled than that it be settled right."⁵¹ This ability to predict gives more freedom to come close to the boundaries of the law.⁵² For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on the boundaries within which their freedom of expression rights apply. In contrast, in non-common-law countries, and jurisdictions with very weak respect for precedent,⁵³ fine questions of law are redetermined anew each time they arise, making consistency and prediction more difficult, and procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides. In jurisdictions that do not have a strong allegiance to a large body of precedent, parties have less a priori guidance and must often leave a bigger "safety margin" of unexploited opportunities, and final determinations are reached only after far larger expenditures on legal fees by the parties. This is the reason for the frequent choice of the law of the State of New York in commercial contracts, even when neither entity has extensive contacts with New York—and remarkably often even when neither party has contacts with the United States.⁵⁴ Commercial contracts almost always include a "choice of law clause" to reduce uncertainty. Somewhat surprisingly, contracts throughout the world (for example, contracts involving parties in Japan, France and Germany, and from most of the other states of the United States) often choose the law of New York, even where the relationship of the parties and transaction to New York is quite attenuated. Because of its history as the United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware corporate law, and American contracts relating to corporate law issues (merger and acquisitions of companies, rights of shareholders, and so on.) include a Delaware choice of law clause, because of the deep body of law in Delaware on these issues.⁵⁵ On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose the law of a foreign jurisdiction (for example, England and Wales, and the state of California), but not yet so fully developed that parties with no relationship to the jurisdiction choose that law.⁵⁶ Outside the United States, parties that are in different jurisdictions from each other often choose the law of England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. The common theme in all cases is that commercial parties seek predictability and simplicity in their contractual relations, and frequently choose the law of a common law jurisdiction with a well-developed body of common law to achieve that result. Likewise, for litigation of commercial disputes arising out of unpredictable torts (as opposed to the prospective choice of law clauses in contracts discussed in the previous paragraph), certain jurisdictions attract an unusually high fraction of cases, because of the predictability afforded by the depth of decided cases. For example, London is considered the pre-eminent centre for litigation of admiralty cases.⁵⁷ This is not to say that common law is better in every situation. For example, civil law can be clearer than case law when the legislature has had the foresight and diligence to address the precise set of facts applicable to a particular situation. For that reason, civil law statutes tend to be somewhat more detailed than statutes written by common law legislatures—but, conversely, that tends to make the statute more difficult to read (the United States tax code is an example).⁵⁸ Nonetheless, as a practical matter, no civil law legislature can ever address the full spectrum of factual possibilities in the breadth, depth and detail of the case law of the common law courts of even a smaller jurisdiction, and that deeper, more complete body of law provides additional predictability that promotes commerce. History See also: English law Pre-Norman roots In the late 9th century, Alfred the Great assembled the Doom book (not to be confused with the more-famous Domesday Book from 200 years later), which collected the existing laws of Kent, Wessex, and Mercia, and attempted to blend in the Mosaic code, Christian principles, and Germanic customs dating as far as the 5th century.⁵⁹ Before the Norman conquest in 1066, justice was administered primarily by what is today known as the county courts (the modern "counties" were referred to as "shires" in pre-Norman times), presided by the diocesan bishop and the sheriff, exercising both ecclesiastical and civil jurisdiction.⁶⁰ While in some sense an early form of jury came to be part of the procedure in the shire courts,⁶⁰ the development of the common law grand jury and petty jury came later. The main sources for the history of the common law in the Middle Ages are the plea rolls and the Year Books. The plea rolls, which were the official court records for the Courts of Common Pleas and King's Bench, were written in Latin. The rolls were made up in bundles by law term: Hilary, Easter, Trinity, and Michaelmas, or winter, spring, summer, and autumn. They are currently deposited in the UK National Archives, by whose permission images of the rolls for the Courts of Common Pleas, King's Bench, and Exchequer of Pleas, from the 13th century to the 17th, can be viewed online at the Anglo-American Legal Tradition site (The O'Quinn Law Library of the University of Houston Law Center).⁶¹ ⁶² Norman conquest The term "common law" originally derives from the 1150s and 1160s, when Henry II of England established the secular English tribunals. The "common law" was the law that emerged as "common" throughout the realm (as distinct from the various legal codes that preceded it, such as Mercian law, the Danelaw and the law of Wessex)⁶³ as the king's judges followed each other's decisions to create a unified common law throughout England.From at least the 11th century and continuing for several centuries after that, there were several different circuits in the royal court system, served by itinerant judges who would travel from town to town dispensing the King's justice. The term "common law" was used to describe the law held in common between the circuits and the different stops in each circuit.⁶⁴ The more widely a particular law was recognized, the more weight it held, whereas purely local customs were generally subordinate to law recognized in a plurality of jurisdictions. The doctrine of precedent developed during the 12th and 13th centuries,⁶⁵ as the collective judicial decisions that were based in tradition, custom and precedent.⁶⁶ The form of reasoning used in common law is known as casuistry or case-based reasoning. The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as developing the body of law recognizing and regulating contracts. The type of procedure practiced in common law courts is known as the adversarial system; this is also a development of the common law. Medieval English common law The early development of case-law in the thirteenth century has been traced to Bracton's On the Laws and Customs of England and led to the yearly compilations of court cases known as Year Books, of which the first extant was published in 1268, the same year that Bracton died.⁶⁷ The Year Books are known as the law reports of medieval England, and are a principal source for knowledge of the developing legal doctrines, concepts, and methods in the period from the 13th to the 16th centuries, when the common law developed into recognizable form.⁶⁸ ⁶⁹ See also: English law In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalized common law by creating a unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies and reinstating a jury system—citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge, not necessarily through the presentation of evidence, a distinguishing factor from today's civil and criminal court systems. Henry II developed the practice of sending judges from his own central court to hear the various disputes throughout the country. His judges would resolve disputes on an ad hoc basis according to what they interpreted the customs to be. The king's judges would then return to London and often discuss their cases and the decisions they made with the other judges. These decisions would be recorded and filed. In time, a rule, known as stare decisis (also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Once judges began to regard each other's decisions to be binding precedent, the pre-Norman system of local customs and law varying in each locality was replaced by a system that was (at least in theory, though not always in practice) common throughout the whole country, hence the name "common law." Henry II's creation of a powerful and unified court system, which curbed somewhat the power of canonical (church) courts, brought him (and England) into conflict with the church, most famously with Thomas Becket, the Archbishop of Canterbury. The murder of the Archbishop gave rise to a wave of popular outrage against the King. Henry was forced to repeal the disputed laws and to abandon his efforts to hold church members accountable for secular crimes (see also Constitutions of Clarendon). The English Court of Common Pleas was established after Magna Carta to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in the Great Hall of the king's Palace of Westminster, permanently except in the vacations between the four terms of the Legal year. Judge-made common law operated as the primary source of law for several hundred years, before Parliament acquired legislative powers to create statutory law. It is important to understand that common law is the older and more traditional source of law, and legislative power is simply a layer applied on top of the older common law foundation. Since the 12th century, courts have had parallel and co-equal authority to make law⁷⁰ —"legislating from the bench" is a traditional and essential function of courts, which was carried over into the U.S. system as an essential component of the "judicial power" specified by Article III of the U.S. constitution.⁷¹ Justice Oliver Wendell Holmes, Jr. observed in 1917 that "judges do and must legislate."⁷² There are legitimate debates on how the powers of courts and legislatures should be balanced. However, a view that courts lack law-making power is historically inaccurate and constitutionally unsupportable. Influences of foreign legal systems Roman law The term "common law" is often used as a contrast to Roman-derived "civil law", and the fundamental processes and forms of reasoning in the two are quite different. Nonetheless, there has been considerable cross-fertilization of ideas, while the two traditions and sets of foundational principles remain distinct. By the time of the rediscovery of the Roman law in Europe in the 12th and 13th centuries, the common law had already developed far enough to prevent a Roman law reception as it occurred on the continent.⁷³ However, the first common law scholars, most notably Glanvill and Bracton, as well as the early royal common law judges, had been well accustomed with Roman law. Often, they were clerics trained in the Roman canon law.⁷⁴ One of the first and throughout its history one of the most significant treatises of the common law, Bracton's De Legibus et Consuetudinibus Angliae (On the Laws and Customs of England), was heavily influenced by the division of the law in Justinian's Institutes.⁷⁵ The impact of Roman law had decreased sharply after the age of Bracton, but the Roman divisions of actions into in rem (typically, actions against a thing or property for the purpose of gaining title to that property; must be filed in a court where the property is located) and in personam (typically, actions directed against a person; these can affect a person's rights and, since a person often owns things, his property too) used by Bracton had a lasting effect and laid the groundwork for a return of Roman law structural concepts in the 18th and 19th centuries. Signs of this can be found in Blackstone's Commentaries on the Laws of England,⁷⁶ and Roman law ideas regained importance with the revival of academic law schools in the 19th century.⁷⁷ As a result, today, the main systematic divisions of the law into property, contract, and tort (and to some extent unjust enrichment) can be found in the civil law as well as in the common law.⁷⁸ Coke and Blackstone The first attempt at a comprehensive compilation of centuries of common law was by Lord Chief Justice Edward Coke, in his treatise, Institutes of the Lawes of England in the 17th century. and as described in Blackstone's Commentaries on the Laws of England (1765–69). The next definitive historical treatise on the common law is Commentaries on the Laws of England, written by Sir William Blackstone and first published in 1765–1769. Propagation of the common law to the colonies and Commonwealth by reception statutes A reception statute is a statutory law adopted as a former British colony becomes independent, by which the new nation adopts (i.e. receives) pre-independence English law, to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, and the precedent originating from it, as the default law, because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All U.S. states, with the partial exception of Louisiana, have either implemented reception statutes or adopted the common law by judicial opinion.⁷⁹ Other examples of reception statutes in the United States, the states of the U.S., Canada and its provinces, and Hong Kong, are discussed in the reception statute article. Yet, adoption of the common law in the newly-independent nation was not a foregone conclusion, and was controversial. Immediately after the American Revolution, there was widespread distrust and hostility to anything British, and the common law was no exception. Jeffersonians decried lawyers and their common law tradition as threats to the new republic. The Jeffersonians preferred a legislatively-enacted civil law under the control of the political process, rather than the common law developed by judges that—by design—were insulated from the political process. The Federalists believed that the common law was the birthright of Independence: after all, the natural rights to "life, liberty, and the pursuit of happiness" were the rights protected by common law. Even advocates for the common law approach noted that it was not an ideal fit for the newly-independent colonies: judges and lawyers alike were severely hindered by a lack of printed legal materials. Before Independence, the most comprehensive law libraries had been maintained by Tory lawyers, and those libraries vanished with the loyalist expatriation, and the ability to print books was limited. Lawyer (later president) John Adams complained that he "suffered very much for the want of books." To bootstrap this most basic need of a common law system—knowable, written law—in 1803, lawyers in Massachusetts donated their books to found a law library. A Jeffersonian newspaper criticized the library, as it would carry forward "all the old authorities practiced in England for centuries back ... whereby a new system of jurisprudence [will be founded] on the high monarchical system [to] become the Common Law of this Commonwealth... [The library] may hereafter have a very unsocial purpose."⁴⁴ Decline of Latin maxims, and adding flexibility to stare decisis Well into the 19th century, ancient maxims played a large role in common law adjudication. Many of these maxims had originated in Roman Law, migrated to England before the introduction of Christianity to the British Isles, and were typically stated in Latin even in English decisions. Many examples are familiar in everyday speech even today, "One cannot be a judge in one's own cause" (see Dr. Bonham's Case), rights are reciprocal to obligations, and the like. Judicial decisions and treatises of the 17th and 18th centuries, such at those of Lord Chief Justice Edward Coke, presented the common law as a collection of such maxims. Reliance on old maxims and rigid adherence to precedent, no matter how old or ill-considered, was under full attack by the late 19th century. Oliver Wendell Holmes, Jr. in his famous article, "The Path of the Law",⁸⁰ commented, "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past." Justice Holmes noted that study of maxims might be sufficient for "the man of the present," but "the man of the future is the man of statistics and the master of economics." In an 1880 lecture at Harvard, he wrote:⁸¹ The life of the law has not been logic; it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In the early 20th century, Louis Brandeis, later appointed to the United States Supreme Court, became noted for his use of policy-driving facts and economics in his briefs, and extensive appendices presenting facts that lead a judge to the advocate's conclusion. By this time, briefs relied more on facts than on Latin maxims. Reliance on old maxims is now deprecated.⁸² Common law decisions today reflect both precedent and policy judgment drawn from economics, the social sciences, business, decisions of foreign courts, and the like. The degree to which these external factors should influence adjudication is the subject of active debate, but it is indisputable that judges do draw on experience and learning from everyday life, from other fields, and from other jurisdictions.⁸³ 1870 through 20th century, and the procedural merger of law and equity As early as the 15th century, it became the practice that litigants who felt they had been cheated by the common-law system would petition the King in person. For example, they might argue that an award of damages (at common law (as opposed to equity)) was not sufficient redress for a trespasser occupying their land, and instead request that the trespasser be evicted. From this developed the system of equity, administered by the Lord Chancellor, in the courts of chancery. By their nature, equity and law were frequently in conflict and litigation would frequently continue for years as one court countermanded the other,⁸⁴ even though it was established by the 17th century that equity should prevail. In England, courts of (law (as opposed to equity)) and equity were combined by the Judicature Acts of 1873 and 1875, with equity prevailing in case of conflict.⁸⁵ In the United States, parallel systems of law (providing money damages, with cases heard by a jury upon either party's request) and equity (fashioning a remedy to fit the situation, including injunctive relief, heard by a judge) survived well into the 20th century. The United States federal courts procedurally separated law and equity: the same judges could hear either kind of case, but a given case could only pursue causes in law or in equity, and the two kinds of cases proceeded under different procedural rules. This became problematic when a given case required both money damages and injunctive relief. In 1937, the new Federal Rules of Civil Procedure combined law and equity into one form of action, the "civil action." Fed.R.Civ.P. 2. The distinction survives to the extent that issues that were "common law (as opposed to equity)" as of 1791 (the date of adoption of the Seventh Amendment) are still subject to the right of either party to request a jury, and "equity" issues are decided by a judge.⁸⁶ Delaware, Mississippi, and Tennessee still have separate courts of law and equity, for example, the Court of Chancery. In many states there are separate divisions for law and equity within one court. Common law pleading and its abolition in the early 20th century For centuries, through the 19th century, the common law recognized only specific forms of action, and required very careful drafting of the opening pleading (called a writ) to slot into one of them: Debt, Detinue, Covenant, Special Assumpsit, General Assumpsit, Trespass, Trover, Replevin, Case (or Trespass on the Case), and Ejectment.⁸⁷ To initiate a lawsuit, a pleading had to be drafted to meet myriad technical requirements: correctly categorizing the case into the correct legal pigeonhole (pleading in the alternative was not permitted), and using specific "magic words" encrusted over the centuries. Under the old common law pleading standards, a suit by a pro se ("for oneself," without a lawyer) party was all but impossible, and there was often considerable procedural jousting at the outset of a case over minor wording issues. One of the major reforms of the late 19th century and early 20th century was the abolition of common law pleading requirements.⁸⁸ A plaintiff can initiate a case by giving the defendant "a short and plain statement" of facts that constitute an alleged wrong. This reform moved the attention of courts from technical scrutiny of words to a more rational consideration of the facts, and opened access to justice far more broadly. Contrasts between common law and civil law systems In common law systems, a single decided case is binding common law, under the principle of stare decisis. In contrast, in civil law systems, case law only acquires weight when a long series of cases use consistent reasoning, called jurisprudence constante. In civil law systems, individual decisions have only advisory, not binding effect. For that reason, statutes in civil law systems are more comprehensive, detailed, and continuously updated, covering all matters capable of being brought before a court.⁸⁹ General principles of law Both common law and civil law jurisdictions have formed what they variously call "pure common law" or "general principles of law" to define what the law is in the absence of, or gap in, legislation. In common law systems, judge made law is binding to the same extent as statute or regulation. In civil law systems, case law is advisory, not binding. Civil law lawyers consult case law to obtain their best prediction of how a court will rule, but comparatively, civil law judges are less bound to follow it. Adversarial system vs. inquisitorial system - Common law systems tend to give more weight to separation of powers between the judicial branch and the executive branch (which promulgates regulatory law, called "administrative law" in civil law systems). In contrast, civil law systems often allow individual officials to exercise both powers. Common law courts usually use an adversarial system, in which two sides present their cases to a neutral judge. In contrast, civil law systems usually use an inquisitorial system in which an examining magistrate serves two roles by developing the evidence and arguments for one side and then the other during the investigation phase. The examining magistrate then presents the dossier detailing his or her findings to the president of the bench that will adjudicate on the case where it has been decided that a trial shall be conducted. Therefore, the president of the bench's view of the case is not neutral and may be biased while conducting the trial after the reading of the dossier. Unlike the common law proceedings, the president of the bench in the inquisitorial system is not merely an umpire and is entitled to directly interview the witnesses or express comments during the trial, as long as he or she does not express his or her view on the guilt of the accused. The proceeding in the inquisitorial system is essentially by writing. Most of the witnesses would have given evidence in the investigation phase and such evidence will be contained in the dossier under the form of police reports. In the same way, the accused would have already put his or her case at the investigation phase but he or she will be free to change her or his evidence at trial. Whether the accused pleads guilty or not, a trial will be conducted. Unlike the adversarial system, the conviction and sentence to be served (if any) will be released by the trial jury together with the president of the trial bench, following their common deliberation. There are many exceptions in both directions. For example, most proceedings before U.S. federal and state agencies are inquisitorial in nature, at least the initial stages (e.g., a patent examiner, a social security hearing officer, and so on), even though the law to be applied is developed through common law processes. Contrasting role of treatises and academic writings in common law and civil law systems The role of the legal academy presents a significant "cultural" difference between common law (connotation 2) and civil law jurisdictions. In common law jurisdictions, legal treatises compile common law decisions and state overarching principles that (in the author's opinion) explain the results of the cases. However, in common law jurisdictions, treatises are not the law, and lawyers and judges tend to use these treatises as only "finding aids" to locate the relevant cases. In common law jurisdictions, scholarly work is seldom cited as authority for what the law is.⁹⁰ When common law courts rely on scholarly work, it is almost always only for factual findings, policy justification, or the history and evolution of the law, but the court's legal conclusion is reached through analysis of relevant statutes and common law, seldom scholarly commentary. In contrast, in civil law jurisdictions, courts give the writings of law professors significant weight, partly because civil law decisions traditionally were very brief, sometimes no more than a paragraph stating who wins and who loses. The rationale had to come from somewhere else: the academy often filled that role. Common law legal systems in the present day The common law constitutes the basis of the legal systems of: England and Wales and Northern Ireland in the UK, Ireland, the United States (both the federal system and the individual states (with the partial exception of Louisiana)), Canada (both federal and the individual provinces (except Quebec)), Australia (both federal and individual states), Kenya, New Zealand, South Africa, India, Myanmar, Malaysia, Bangladesh, Brunei, Pakistan, Singapore, Hong Kong, Antigua and Barbuda, Barbados, Bahamas, Belize, Dominica, Grenada, Jamaica, St Vincent and the Granadines, Saint Kitts and Nevis, Trinidad and Tobago, and many other generally English-speaking countries or Commonwealth countries (except the UK's Scotland, which is bijuridicial, and Malta). Essentially, every country that was colonised at some time by England, Great Britain, or the United Kingdom uses common law except those that were formerly colonised by other nations, such as Quebec (which follows the law of France in part), South Africa and Sri Lanka (which follow Roman Dutch law), where the prior civil law system was retained to respect the civil rights of the local colonists. Guyana and Saint Lucia have mixed Common Law and Civil Law systems. Scotland Scotland is often said to use the civil law system, but it has a unique system that combines elements of an uncodified civil law dating back to the Corpus Juris Civilis with an element of its own common law long predating the Treaty of Union with England in 1707 (see Legal institutions of Scotland in the High Middle Ages), founded on the customary laws of the tribes residing there. Historically, Scottish common law differed in that the use of precedent was subject to the courts' seeking to discover the principle that justifies a law rather than searching for an example as a precedent,⁹¹ and principles of natural justice and fairness have always played a role in Scots Law. From the 19th century, the Scottish approach to precedent developed into a stare decisis akin to that already established in England thereby reflecting a narrower, more modern approach to the application of case law in subsequent instances. This is not to say that the substantive rules of the common laws of both countries are the same although in many matters (particularly those of UK-wide interest) they are very similar. Scotland shares the Supreme Court (formerly the House of Lords), with England, Wales and Northern Ireland for civil cases; and the Court's decisions are binding throughout the UK for civil cases and throughout England and Wales and Northern Ireland for criminal cases. This has had the effect of homogenising the law in certain areas. For instance, the modern UK law of negligence is based on Donoghue v Stevenson, a case originating in Paisley, Scotland. Scotland maintains a separate criminal law system from the rest of the UK, with the High Court of Justiciary being the final court for criminal appeals.⁹² States of the United States (17th century on) New York (17th century) The state of New York, which also has a civil law history from its Dutch colonial days, began a codification of its law in the 19th century. The only part of this codification process that was considered complete is known as the Field Code applying to civil procedure. The original colony of New Netherland was settled by the Dutch and the law was also Dutch. When the English captured pre-existing colonies they continued to allow the local settlers to keep their civil law. However, the Dutch settlers revolted against the English and the colony was recaptured by the Dutch. When the English finally regained control of New Netherland they forced, as a punishment unique in the history of the British Empire, the English imposed common law upon all the colonists, including the Dutch. This was problematic, as the patroon system of land holding, based on the feudal system and civil law, continued to operate in the colony until it was abolished in the mid-19th century. The influence of Roman-Dutch law continued in the colony well into the late 19th century. The codification of a law of general obligations shows how remnants of the civil law tradition in New York continued on from the Dutch days. Louisiana (1700s) Under Louisiana's codified system, the Louisiana Civil Code, private law—that is, substantive law between private sector parties—is based on principles of law from continental Europe, with some common law influences. These principles derive ultimately from Roman law, transmitted through French law and Spanish law, as the state's current territory intersects the area of North America colonized by Spain and by France. Contrary to popular belief, the Louisiana code does not directly derive from the Napoleonic Code, as the latter was enacted in 1804, one year after the Louisiana Purchase. However, the two codes are similar in many respects due to common roots. Louisiana's criminal law largely rests on English common law. Louisiana's administrative law is generally similar to the administrative law of the U.S. federal government and other U.S. states. Louisiana's procedural law is generally in line with that of other U.S. states, which in turn is generally based on the U.S. Federal Rules of Civil Procedure. Historically notable among the Louisiana code's differences from common law is the role of property rights among women, particularly in inheritance gained by widows. California (1850s) The U.S. state of California has a system based on common law, but it has codified the law in the manner of the civil law jurisdictions. The reason for the enactment of the California Codes in the 19th century was to replace a pre-existing system based on Spanish civil law with a system based on common law, similar to that in most other states. California and a number of other Western states, however, have retained the concept of community property derived from civil law. The California courts have treated portions of the codes as an extension of the common-law tradition, subject to judicial development in the same manner as judge-made common law. (Most notably, in the case Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), the California Supreme Court adopted the principle of comparative negligence in the face of a California Civil Code provision codifying the traditional common-law doctrine of contributory negligence.) United States federal courts (1789 and 1938) The United States federal government (as opposed to the states) has a variant on a common law system. United States federal courts only act as interpreters of statutes and the constitution by elaborating and precisely defining broad statutory language (connotation 1(b) above)), but, unlike state courts, do not act as an independent source of common law. Before 1938, the federal courts, like almost all other common law courts, decided the law on any issue where the relevant legislature (either the U.S. Congress or state legislature, depending on the issue), had not acted, by looking to courts in the same system, that is, other federal courts, even on issues of state law, and even where there was no express grant of authority from Congress or the Constitution. In 1938, the U.S. Supreme Court in Erie Railroad Co. v. Tompkins 304 U.S. 64, 78 (1938), overruled earlier precedent,⁹³ and held "There is no federal general common law," thus confining the federal courts to act only as interpreters of law originating elsewhere. E.g., Texas Industries v. Radcliff, 451 U.S. 630 (1981) (without an express grant of statutory authority, federal courts cannot create rules of intuitive justice, for example, a right to contribution from co-conspirators). Post-1938, federal courts deciding issues that arise under state law are required to defer to state court interpretations of state statutes, or reason what a state's highest court would rule if presented with the issue, or to certify the question to the state's highest court for resolution. Later courts have limited Erie slightly, to create a few situations where United States federal courts are permitted to create federal common law rules without express statutory authority, for example, where a federal rule of decision is necessary to protect uniquely federal interests, such as foreign affairs, or financial instruments issued by the federal government. See, e.g., Clearfield Trust Co. v. United States, 318 U.S. 363 (1943) (giving federal courts the authority to fashion common law rules with respect to issues of federal power, in this case negotiable instruments backed by the federal government); see also International News Service v. Associated Press, 248 U.S. 215 (1918) (creating a cause of action for misappropriation of "hot news" that lacks any statutory grounding); but see National Basketball Association v. Motorola, Inc., 105 F.3d 841, 843–44, 853 (2d Cir. 1997) (noting continued vitality of INS "hot news" tort under New York state law, but leaving open the question of whether it survives under federal law). Except on Constitutional issues, Congress is free to legislatively overrule federal courts' common law.⁹⁴ United States executive branch agencies (1946) Most executive branch agencies in the United States federal government have some adjudicatory authority. To greater or lesser extent, agencies honor their own precedent to ensure consistent results. Agency decision making is governed by the Administrative Procedure Act of 1946. For example, the National Labor Relations Board issues relatively few regulations, but instead promulgates most of its substantive rules through common law (connotation 1). India, Pakistan, and Bangladesh (19th century and 1948) The law of India, Pakistan, and Bangladesh are largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Ancient India represented a distinct tradition of law, and had an historically independent school of legal theory and practice. The Arthashastra, dating from 400 BCE and the Manusmriti, from 100 CE, were influential treatises in India, texts that were considered authoritative legal guidance.⁹⁵ Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia.⁹⁶ Early in this period, which finally culminated in the creation of the Gupta Empire, relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition.⁹⁷ Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of a temporary or semi-permanent character.⁹⁸ When India became part of the British Empire, there was a break in tradition, and Hindu and Islamic law were supplanted by the common law.⁹⁹ After the failed rebellion against the British in 1857, the British Parliament took over control of India from the British East India Company, and British India came under the direct rule of the Crown. The British Parliament passed the Government of India Act of 1858 to this effect, which set up the structure of British government in India.¹⁰⁰ It established in Britain the office of the Secretary of State for India through whom the Parliament would exercise its rule, along with a Council of India to aid him. It also established the office of the Governor-General of India along with an Executive Council in India, which consisted of high officials of the British Government. As a result, the present judicial system of the country derives largely from the British system and has little correlation to the institutions of the pre-British era.¹⁰¹ post-partition India (1948) Post-partition, India retained its common law system.¹⁰² Much of contemporary Indian law shows substantial European and American influence. Legislation first introduced by the British is still in effect in modified form today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesized to produce a refined set of Indian laws. Indian laws also adhere to the United Nations guidelines on human rights law and environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. The exception to this rule is in the state of Goa, annexed in stages in the 1960s through 1980s. In Goa, a Portuguese uniform civil code is in place, in which all religions have a common law regarding marriages, divorces and adoption. There are 1160 laws as of September 2007.¹⁰³ post-partition Pakistan (1948) Post-partition, Pakistan retained its common law system.¹⁰⁴ post-partition Bangladesh (1968) Post-partition, Bangladesh retained its common law system. Canada (1867) Canada has separate federal and provincial legal systems. The division of jurisdiction between the federal and provincial Parliaments is specified in the Canadian constitution.¹⁰⁵ Canadian provincial law Each province and territory is considered a separate jurisdiction with respect to common law matters. As such, only the provincial legislature may enact legislation to amend private law. Each has its own procedural law, statutorily created provincial courts and superior trial courts with inherent jurisdiction culminating in the Court of Appeal of the province. This is the highest court in provincial jurisdiction, only subject to the Supreme Court of Canada in terms of appeal of their decisions. All but one of the provinces of Canada use a common law system (the exception being Quebec, which uses a civil law system for issues arising within provincial jurisdiction, such as property ownership and contracts). Canadian federal law Canadian Federal Courts operate under a separate system throughout Canada and deal with narrower subject matter than superior courts in provincial jurisdiction. They hear cases reserved for federal jurisdiction by the Canadian constitution, such as immigration, intellectual property, judicial review of federal government decisions, and admiralty. The Federal Court of Appeal is the appellate level court in federal jurisdiction and hears cases in multiple cities, and unlike the United States, the Canadian Federal Court of Appeal is not divided into appellate circuits.¹⁰⁶ Criminal law is uniform throughout Canada. It is based on the constitution and federal statutory Criminal Code, as interpreted by the Supreme Court of Canada. The administration of justice and enforcement of the criminal code are the responsibilities of the provinces. Canadian federal statutes must use the terminology of both the common law and civil law for those matters; this is referred to as legislative bijuralism.¹⁰⁷ Nicaragua Nicaragua's legal system is also a mixture of the English Common Law and Civil Law. This situation was brought through the influence of British administration of the Eastern half of the Mosquito Coast from the mid-17th century until about 1894, the William Walker period from about 1855 through 1857, USA interventions/occupations during the period from 1909 to 1933, the influence of USA institutions during the Somoza family administrations (1933 through 1979) and the considerable importation between 1979 and the present of USA culture and institutions. Israel (1948) Israel has a common law legal system. Its basic principles are inherited from the law of the British Mandate of Palestine and thus resemble those of British and American law, namely: the role of courts in creating the body of law and the authority of the supreme court¹⁰⁸ in reviewing and if necessary overturning legislative and executive decisions, as well as employing the adversarial system. One of the primary reasons that the Israeli constitution remains unwritten is the fear by whatever party holds power that creating a written constitution, combined with the common-law elements, would severely limit the powers of the Knesset (which, following the doctrine of parliamentary sovereignty, holds near-unlimited power).¹⁰⁹ Roman Dutch Common law Roman Dutch Common law is a bijuridical or mixed system of law similar to the common law system in Scotland and Louisiana. Roman Dutch common law jurisdictions include South Africa, Botswana, Lesotho, Namibia, Swaziland, Sri-Lanka and Zimbabwe. Many of these jurisdictions recognise customary law, and in some, such as South Africa the Constitution requires that the common law be developed in accordance with the Bill of Rights. Roman Dutch common law is a development of Roman Dutch law by courts in the Roman Dutch common law jurisdictions. During the Napoleonic wars the Kingdom of the Netherlands adopted the French code civil in 1809, however the Dutch colonies in the Cape of Good Hope and Sri Lanka, at the time called Ceylon, were seized by the British to prevent them being used as bases by the French Navy. The system was developed by the courts and spread with the expansion of British colonies in Southern Africa. Roman Dutch common law relies on legal principles set out in Roman law sources such as Justinian's Institutes and Digest, and also on the writing of Dutch jurists of the 17th century such as Grotius and Voet. In practice, the majority of decisions rely on recent precedent. Alternatives to common law systems The main alternative to the common law system is the civil law system, which is used in Continental Europe, and most of the rest of the world. The contrast between civil law and common law legal systems has become increasingly blurred, with the growing importance of jurisprudence (similar to case law but not binding) in civil law countries, and the growing importance of statute law and codes in common law countries. Examples of common law being replaced by statute or codified rule in the United States include criminal law (since 1812, U.S. courts have held that criminal law must be embodied in statute if the public is to have fair notice), commercial law (the Uniform Commercial Code in the early 1960s) and procedure (the Federal Rules of Civil Procedure in the 1930s and the Federal Rules of Evidence in the 1970s). But note that in each case, the statute sets the general principles, but the interstitial common law process determines the scope and application of the statute. An example of convergence from the other direction is shown in Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health, in which the European Court of Justice held that questions it has already answered need not be resubmitted. This brought in a distinctly common law principle into an essentially civil law jurisdiction. The former Soviet Bloc and other Socialist countries used a Socialist law system. Much of the Muslim world uses Sharia (also called Islamic law). Scholarly works Edward Coke, a 17th-century Lord Chief Justice of the English Court of Common Pleas and a Member of Parliament, wrote several legal texts that collected and integrated centuries of case law. Lawyers in both England and America learned the law from his Institutes and Reports until the end of the 18th century. His works are still cited by common law courts around the world. The next definitive historical treatise on the common law is Commentaries on the Laws of England, written by Sir William Blackstone and first published in 1765–1769. Since 1979, a facsimile edition of that first edition has been available in four paper-bound volumes. Today it has been superseded in the English part of the United Kingdom by Halsbury's Laws of England that covers both common and statutory English law. While he was still on the Massachusetts Supreme Judicial Court, and before being named to the U.S. Supreme Court, Justice Oliver Wendell Holmes, Jr. published a short volume called The Common Law, which remains a classic in the field. Unlike Blackstone and the Restatements, Holmes' book only briefly discusses what the law is; rather, Holmes describes the common law process. Law professor John Chipman Gray's The Nature and Sources of the Law, an examination and survey of the common law, is also still commonly read in U.S. law schools. In the United States, Restatements of various subject matter areas (Contracts, Torts, Judgments, and so on.), edited by the American Law Institute, collect the common law for the area. The ALI Restatements are often cited by American courts and lawyers for propositions of uncodified common law, and are considered highly persuasive authority, just below binding precedential decisions. The Corpus Juris Secundum is an encyclopedia whose main content is a compendium of the common law and its variations throughout the various state jurisdictions. Scots common law covers matters including murder and theft, and has sources in custom, in legal writings and previous court decisions. The legal writings used are called Institutional Texts and come mostly from the 17th, 18th and 19th centuries. Examples include Craig, Jus Feudale (1655) and Stair, The Institutions of the Law of Scotland (1681). See also Development of English legal system and case law - Books of authority - Lists of case law Early common law systems - Anglo-Saxon law - Brehon law, or Irish law - Doom book, or Code of Alfred the Great - Time immemorial Examples of modern common law systems - Common law legal systems in the present day - English law Common law as applied to matrimony - Common-law marriage - Alimony Common vs. civil laws - Common law offences - Civil law Stages of common law trials - Arraignment - Grand jury - Jury trial Slavery - Slavery at common law References [1] Alphabetical Index of the 192 United Nations Member States and Corresponding Legal Systems, Website of the Faculty of Law of the University of Ottawa [2] Garner, Bryan A. (2001). A Dictionary of Modern Legal Usage (2nd, revised ed.). New York: Oxford University Press. p. 177. In modern usage, common law is contrasted with a number of other terms. … [P]erhaps most commonly within Anglo-American jurisdictions, common law is contrasted with statutory law [3] Black's Law Dictionary - Common law (10th ed.). 2014. p. 334. 1. The body of law derived from judicial decisions, rather than from statutes or constitutions; CASE LAW [contrast to] STATUTORY LAW. [4] Lloyd Duhaime. "Common Law Legal Definition". duhaime.org. Judge-declared law. ... [5] Washington Probate, "Estate Planning & Probate Glossary", Washington (State) Probate, s.v. "common", 8 Dec. 2008:, retrieved 7 November 2009."1. A law based on a prior court decision" [6] Carpenter, Charles E. (1917). "Court Decisions and the Common Law". Columbia Law Review. 17 (7): 593–607. (common law court "decisions are themselves law, or rather the rules which the courts lay down in making the decisions constitute law.") [7] Marbury v. Madison, 5 U.S. 137 (1803) ("It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.") [8] Karl Llewellyn, The Common Law Tradition: Deciding Appeals at 77-87, Little, Brown, Boston MA (1960) [9] Black's Law Dictionary - Common law (10th ed.). 2014. p. 334. 2. The body of law based on the English legal system, as distinct from a civil-law system; the general Anglo-American system of legal concepts, together with the techniques of applying them, that form the basis of the law in jurisdictions where the system applies... [10] Garner, Bryan A. (2001). A Dictionary of Modern Legal Usage (2nd, revised ed.). New York: Oxford University Press. "common law" is contrasted by comparative jurists to civil law. [11] Washington Probate, "Estate Planning & Probate Glossary", Washington (State) Probate, s.v. "common law", 8 Dec. 2008:, retrieved on 7 November 2009. "2. The system of law originated and developed in England and based on prior court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than codified written law. Contrast: CIVIL LAW." [12] Charles Arnold-Baker, The Companion to British History, s.v. "English Law" (London: Loncross Denholm Press, 2008), 484. [13] http://www.britannica.com/EBchecked/topic/188090/English-law ; British History: Middle Ages "Common Law – Henry II and the Birth of a State". BBC. Retrieved 2009-07-23. [14] For an example of this usage in a decision of the United States Supreme Court, see the quote from United States v Texas in the section "Interaction of constitutional, statutory and common law" below. [15] Salmond 1907, p. 32 [16] In the United States, large legal publishers include West Publishing and Lexis. In the U.K., examples of private reports are the All England Law Reports and the Lloyd's Law Reports [17] "5. The judges are forbidden to pronounce, by way of general and legislative determination, on the causes submitted to them." Code of Napoleon, Decree of March 5, 1803, Law 5 [18] "Description and History of Common Law". [19] "The Common Law and Civil Law Traditions". [20] Black's Law Dictionary - Common law (10th ed.). 2014. p. 334. 4. The body of law derived from law courts as opposed to those sitting in equity. [21] Garner, Bryan A. (2001). A Dictionary of Modern Legal Usage (2nd, revised ed.). New York: Oxford University Press. p. 177. Second, with the development of equity and equitable rights and remedies, common law and equitable courts, procedure, rights, and remedies, etc., are frequently contrasted, and in this sense common law is distinguished from equity. [22] Federal Rule of Civil Procedure, Rule 2 ("There is one form of action—the civil action.") (1938) [23] Friedman 2005, p. xix [24] "In Suits at common law ... the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law." [25] Jefferson, Thomas (February 10, 1814). "Letter to Dr. Thomas Cooper". Retrieved 11 July 2012. Authorities for what is common law may therefore be as well cited, as for any part of the Lex Scripta, and there is no better instance of the necessity of holding the judges and writers to a declaration of their authorities than the present; where we detect them endeavoring to make law where they found none, and to submit us at one stroke to a whole system, no particle of which has its foundation in the common law. For we know that the common law is that system of law which was introduced by the Saxons on their settlement in England, and altered from time to time by proper legislative authority from that time to the date of Magna Carta, which terminates the period of the common law, or lex non scripta, and commences that of the statute law, or Lex Scripta. This settlement took place about the middle of the fifth century. But Christianity was not introduced till the seventh century; the conversion of the first christian king of the Heptarchy having taken place about the year 598, and that of the last about 686. Here, then, was a space of two hundred years, during which the common law was in existence, and Christianity no part of it. [26] Jefferson, Thomas (June 5, 1824). "Letter To Major John Cartwright". Retrieved 11 July 2012. I was glad to find in your book a formal contradiction, at length, of the judiciary usurpation of legislative powers; for such the judges have usurped in their repeated decisions, that Christianity is a part of the common law. The proof of the contrary, which you have adduced, is incontrovertible; to wit, that the common law existed while the Anglo-Saxons were yet Pagans, at a time when they had never yet heard the name of Christ pronounced, or knew that such a character had ever existed. [27] E.g., Lectric Law Dictionary : That which derives its force and authority from the universal consent and immemorial practice of the people. It is at best obsolete. It is both underinclusive and overinclusive. Lawyers never rely on this definition. [28] David John Ibbetson, Common Law and Ius Commune p.20 (2001) ISBN 978-0-85423-165-2 [29] Black's Law Dictionary - Common law (10th ed.). 2014. p. 334. [30] See, for example, applicability of the Seventh Amendment [31] For example, Abington School District v. Schempp ended prayer in public schools immediately, and same-sex marriage became legal throughout the United States immediately on the Supreme Court's decision in Obergefell v. Hodges. [32] The Federalist, No. 10 and 78 [33] Bickel, Alexander M. "The Least Dangerous Branch." Yale University Press; 2d Ed. (1986). [34] e.g., Ex parte Holt, 19 USPQ2d 1211, 1214 (Bd. Patent App. & Interf. 1991) (explaining the hierarchy of precedent binding on tribunals of the United States Patent Office) [35] Frederic R. Kellog, Law, Morals, and Justice Holmes, 69 Judicature 214 (1986). [36] Benjamin N. Cardozo, The Nature of the Judicial Process 22–23 (1921). [37] The beneficial qualities of the common law's incrementalist evolution was most eloquently expressed by the future Lord Mansfield, then Solicitor General Murray, in the case of Omychund v. Barker, who contended that "a statute very seldom can take in all cases; therefore the common law, that works itself pure by rules drawn from the fountain of justice, is for that reason superior to an act of parliament." I Atk. 21, 33, 26 Eng. Rep. 15, 22–23 (Ch. 1744) [38] Winterbottom v. Wright, 10 M&W 109, 152 Eng.Rep. 402, 1842 WL 5519 (Exchequer of pleas 1842) [39] Thomas v. Winchester, 6 N.Y. 397 (N.Y. 1852) [40] Statler v. Ray Mfg. Co., 195 N.Y. 478, 480 (N.Y. 1909) [41] Cadillac Motor Car Co. v. Johnson, 221 F. 801 (2nd Cir. 1915) [42] MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050 (N.Y. 1916) [43] "Legal Dictionary - Law.com". Law.com Legal Dictionary. [44] Social Law Library, Common Law or Civil Code?, Boston Mass. [45] Meister v. Moore, 96 U.S. 76 (1877) ("No doubt a statute may take away a common law right, but there is always a presumption that the legislature has no such intention unless it be plainly expressed.") [46] E.g., Uniform Commercial Code, Article 2, on Contracts for the Sales of Goods [47] Model Penal Code as adopted in several states, for example, New York's Penal Law [48] Johnson v. Commonwealth, 209 Va. 291, 293, 163 S.E.2d 570, ___ (1968) [49] E.g., South Corp. v. United States, 690 F.2d 1368 (Fed. Cir. 1982) (en banc in relevant part) (explaining order of precedent binding on the United States Court of Appeals for the Federal Circuit); Bonner v. City of Prichard, Alabama, 661 F.2d 1206 (11th Cir. 1981) (en banc) (after the Eleventh Circuit was split off from the Fifth Circuit, adopting precedent of Fifth Circuit as binding until overruled by the Eleventh Circuit en banc: "The [pre-split] Fifth followed the absolute rule that a prior decision of the circuit (panel or en banc) could not be overruled by a panel but only by the court sitting en banc. The Eleventh Circuit decides in this case that it chooses, and will follow, this rule."); Ex parte Holt, 19 USPQ2d 1211, 1214 (Bd. Patent App. & Interf. 1991) (explaining the hierarchy of precedent binding on tribunals of the United States Patent Office). [50] 83 Cr App R 191, 73 Cr App R 266 [51] Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406 (1932) (Brandeis, J., dissenting). [52] See, e.g., Yeo Tiong Min, "A Note on Some Differences in English Law, New York Law, and Singapore Law" (2006). [53] for example, the U.S. Patent Office issues very few of its decisions in precedential form, Kate Gaudry & Thomas Franklin, Only 1 in 20,631 ex parte appeals designated precedential by PTAB, IPWatchdog (Sep. 27, 2015), and various lower tribunals in the Patent Office give very weak respect to earlier superior decisions. [54] Theodore Eisenberg & Geoffrey P. Miller, The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies' Contracts (2008). New York University Law and Economics Working Papers. Paper 124, http://lsr.nellco.org/nyu_lewp/124 (based on a survey of 2882 contracts, "New York law plays a role for major corporate contracts similar to the role Delaware law plays in the limited setting of corporate governance disputes. ... New York's dominance is striking. It is the choice of law in approximately 46 percent of contracts," and if merger contracts excluded, over half) [55] Eisenberg & Miller at 19–20 (Delaware is chosen in about 15% of contracts, "Delaware dominates for one type of contract—[merger] trust agreements. ... The dominance of Delaware for this specialized type of contract is apparently due to the advantages and flexibility which Delaware's business trust statute.") [56] Eisenberg & Miller at 19, only about 5% of commercial contracts designate California choice of law, where nearly 50% designate New York. [57] Osley, Richard (2008-11-23). "London becomes litigation capital of the world". The Independent. London.. London is also forum for many defamation cases, because U.K. law is more plaintiff-friendly—in the United States, the First Amendment protection for freedom of the press allows for statements concerning public figures of questionable veracity, where in the U.K., those same statements support a judgment for libel. [58] U.S. Internal Revenue Service, Taxpayer Advocate Service, 2008 Report to Congress, http://www.irs.gov/pub/irs-utl/08_tas_arc_msp_1.pdf [59] see Oliver Wendell Holmes, Jr., The Common Law, Lecture I, sec. 2, "In Massachusetts today...there are some (rules) which can only be understood by reference to the infancy of procedure among the German tribes." [60]  Herbermann, Charles, ed. (1913). "Common Law". Catholic Encyclopedia. New York: Robert Appleton Company. [61] Documents from Medieval and Early Modern England from the National Archives in London. Publications of the Selden Society include a Year Books series and other volumes transcribing and translating the original manuscripts of early common law cases and law reports, each volume having its editor's scholarly introduction. Publications of the Selden Society [62] One history of the law before the Norman Conquest is Pollock and Maitland, The History of English Law before the Time of Edward I, . [63] "The National Archives - Exhibitions - Citizenship - Citizen or subject". nationalarchives.gov.uk. 26 March 1482. [64] Black's Law Dictionary - Common law (10th ed.). 2014. 3. General law common to a country as a whole, as opposed to special law that has only local application. [65] Jeffery, Clarence Ray (1957). "The Development of Crime in Early English Society". Journal of Criminal Law, Criminology, and Police Science. The Journal of Criminal Law, Criminology, and Police Science, Vol. 47, No. 6. 47 (6): 647–666. doi:10.2307/1140057. JSTOR 1140057. [66] Winston Churchill, A History of the English Speaking Peoples, Chapter 13, The English Common Law [67] T. F. T. Plucknett, A Concise History of the Common Law, 5th edition, 1956, London and Boston, pp.260-261 [68] BUSL, Legal History: The Year Books [69] Cambridge History of English and American Literature The Year Books and their Value [70] William Burnham, Introduction to the Law and Legal System of the United States, 4th ed. (St. Paul, Thomson West, 2006), 42. [71] E.g., MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050 (N.Y. 1916) (discussed above, adjudicating the tort of negligence that existed in no statute, and expanding the law to cover parties that had never been addressed by statute); Hadley v Baxendale (1854) 9 Exch 341 (defining a new rule of contract law with no basis in statute); Marbury v. Madison, 137 5 U.S. 137 (1803) ("It is emphatically the province and duty of the judicial department to say what the law is."); Alexander Hamilton, THE FEDERALIST, Nos. 78 and 81 (J. Cooke ed. 1961), 521–530, 541–55 ("The interpretation of the laws is the proper and peculiar province of the courts. A constitution, is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body."); see rule against perpetuities for a judicially created law originating in 1682 that governs the validity of trusts and future interests in real property, Rule in Shelley's Case for a rule created by judges in 1366 or before, and life estate and fee simple for rules of real property ownership that were judicially created in the late 12th century as the crown began to give law-making power to courts. [72] Southern Pacific Co. v. Jensen, 244 U.S. 205, 221 (1917) (Holmes, J., dissenting). [73] E.g., R. C. van Caenegem, The Birth of the English Common Law 89–92 (1988). [74] E.g., Peter Birks, Grant McLeod, Justinian's Institutes 7 (1987). [75] E.g., George E. Woodbine (ed.), Samuel E. Thorne (transl.), Bracton on the Laws and Customs of England, Vol. I (Introduction) 46 (1968); Carl Güterbock, Bracton and his Relation to the Roman Law 35–38 (1866). [76] Stephen P. Buhofer, Structuring the Law: The Common Law and the Roman Institutional System, Swiss Review of International and European Law (SZIER/RSDIE) 5/2007, 24. [77] Peter Stein, Continental Influences on English Legal thought, 1600–1900, in Peter Stein, The Character and Influence of the Roman Civil Law 223 et seq. (1988). [78] See generally Stephen P. Buhofer, Structuring the Law: The Common Law and the Roman Institutional System, Swiss Review of International and European Law (SZIER/RSDIE) 5/2007. [79] Thinking like a lawyer: an introduction to legal reasoning (Westview Press, 1996), pg. 10 [80] Holmes, Jr., Oliver Wendell (1897). "The Path of the Law". Harvard Law Review. 10 (8): 457, 469. doi:10.2307/1322028. [81] The Common Law O. W. Holmes, Jr., The Common Law [82] Acree v. Republic of Iraq, 370 F.3d 41 (D.C. Cir. 2004) (Roberts, J., concurring). [83] Roper v. Simmons, 543 U.S. 551 (2005) (holding unconstitutional to impose capital punishment for crimes committed while under the age of 18, based on "evolving standards of decency," largely based on other nations' law) [84] Salmond 1907, p. 34 [85] Lobban, Michael "Preparing for Fusion: Reforming the Nineteenth-Century Court of Chancery, Part II | year=2004 | work=Law and History Review, 2004 (University of Illinois Press) . ISSN 0738-2480. [86] E.g., Markman v. Westview Instruments, Inc., 517 U.S. 370, 376 (1996) ("[W]e [the U.S. Supreme Court] have understood that the right of trial by jury thus preserved is the right which existed under the English common law (as opposed to equity) when the Amendment was adopted. In keeping with our longstanding adherence to this 'historical test,', we ask, first, whether we are dealing with a cause of action that either was tried at law (as opposed to equity) at the time of the founding or is at least analogous to one that was. If the action in question belongs in the law category, we then ask whether the particular trial decision must fall to the jury in order to preserve the substance of the common-law right as it existed in 1791." citations and quotations omitted, holding that interpretation of the scope of a patent had no analogy in 1790, and is thus a question to be decided by a judge, not a jury) [87] F. W. Maitland, The Forms of Action at Common Law, 1909, Lecture I, online or John Jay McKelvey, Principles of Common Law Pleading (1894) or Ames, Chitty, Stephen, Thayer and other writers named in the preface of Perry's Common-law Pleading: its history and principles (Boston, 1897) or Handbook of Common Law Pleading, Koffler and Reppy, 1969, online [88] Note that the remainder of the "common law" discussed in the rest of the article remained intact; all that was abolished were the highly technical requirements for language of the paper provided by the plaintiff to the defendant to initiate a case. [89] The Common Law and Civil Law Traditions, Robbins Collection, University of California at Berkeley. [90] At least in the U.S., practicing lawyers tend to use "law professor" or "law review article" as a pejorative to describe a person or work that is insufficiently grounded in reality or practicality—every young lawyer is admonished repeatedly by senior lawyers not to write "law review articles," but instead to focus on the facts of the case and the practical effects of a given outcome. [91] Stair Memorial Encyclopedia [92] https://www.supremecourt.uk/about/role-of-the-supreme-court.html [93] Swift v. Tyson, 41 U.S. 1 (1842). In Swift, the United States Supreme Court had held that federal courts hearing cases brought under their diversity jurisdiction (allowing them to hear cases between parties from different states) had to apply the statutory law of the states, but not the common law developed by state courts. Instead, the Supreme Court permitted the federal courts to make their own common law based on general principles of law. Erie v. Tompkins, 304 U.S. 64 (1938). Erie overruled Swift v. Tyson, and instead held that federal courts exercising diversity jurisdiction had to use all of the same substantive law as the courts of the states in which they were located. As the Erie Court put it, there is no "general federal common law", the key word here being general. This history is elaborated infederal common law. [94] City of Boerne v. Flores, 521 U.S. 507 (1997) (invalidating the Religious Freedom Restoration Act, in which Congress had attempted to redefine the court's jurisdiction to decide constitutional issues); Milwaukee v. Illinois, 451 U.S. 304 (1981) [95] Glenn 2000, p. 255 [96] Glenn 2000, p. 276 [97] Alexander 1952, pp. 289–300. [98] Viswanatha, S.T., International Law in Ancient India, 1925 [99] Glenn 2000, p. 273 [100] "Official, India". World Digital Library. 1890–1923. Retrieved 2013-05-30. [101] Jain 2006, p. 2 [102] K. G. Balakrishnan (23–24 March 2008). An Overview of the Indian Justice Delivery Mechanism (PDF) (Speech). International Conference of the Presidents of the Supreme Courts of the World. Abu Dhabi. Retrieved 1 August 2012. India, being a common law country, derives most of its modern judicial framework from the British legal system. [103] "Indian Legislation". Commonlii.org. Retrieved 2010-05-30. [104] "Federation of Pakistan v. Bhatti, "in a common law jurisdiction such as ours"" (PDF). Retrieved 2012-02-22. [105] Constitution Act, 1867, s. 91(10), (18) [106] "Federal Court of Appeal - Home". Fca-caf.gc.ca. Retrieved 2013-08-17. [107] "Canadian Legislative Bijuralism Site At the Crossroads of our Legal Diversity". Canada.justice.gc.ca. 2009-08-05. Retrieved 2010-05-30. [108] "Supreme court decisions database". [109] Mahler 2004, p. 126. Further reading - Elaine Forman Crane, Witches, Wife Beaters, and Whores: Common Law and Common Folk in Early America. Ithaca, NY: Cornell University Press, 2011. - Friedman, Lawrence Meir (2005). A History of American Law (3rd ed.). New York: Simon and Schuster. ISBN 978-0-7432-8258-1. - Garner, Bryan A. (2001). A Dictionary of Modern Legal Usage (2nd, revised ed.). New York: Oxford University Press. ISBN 978-0-19-514236-5. - Glenn, H. Patrick (2000). Legal Traditions of the World. Oxford University Press. ISBN 0-19-876575-4. - Ibbetson, David John (2001). Common Law and Ius Commune. Selden Society. ISBN 978-0-85423-165-2. - Jain, M.P. (2006). Outlines of Indian Legal and Constitutional History (6th ed.). Nagpur: Wadhwa & Co. ISBN 978-81-8038-264-2. - Milsom, S.F.C., A Natural History of the Common Law. Columbia University Press (2003) ISBN 0231129947 - Milsom, S.F.C., Historical Foundations of the Common Law (2nd ed.). Lexis Law Publishing (Va), 1981) ISBN 0406625034 - Morrison, Alan B. (1996). Fundamentals of American Law. New York: Oxford University Press. ISBN 978-0-19-876405-2. - Nagl, Dominik (2013). No Part of the Mother Country, but Distinct Dominions - Law, State Formation and Governance in England, Massachusetts and South Carolina, 1630-1769. Berlin: LIT. ISBN 978-3-643-11817-2. - Potter, Harry (2015). Law, Liberty and the Constitution: a Brief History of the Common Law. Woodbridge: Boydell and Brewer. ISBN 978-1-78327-011-8. - Salmond, John William (1907). Jurisprudence: The Theory of the Law (2nd ed.). London: Stevens and Haynes. OCLC 1384458. External links - The History of the Common Law of England, and An analysis of the civil part of the law, Matthew Hale - The History of English Law before the Time of Edward I, Pollock and Maitland with notes by S. F. C. Milsom - Select Writs. (F.W.Maitland) - Common-law Pleading: its history and principles, R.Ross Perry, (Boston, 1897) - The Common Law by Oliver Wendell Holmes, Jr. - - The Common Law by Oliver Wendell Holmes Jr. at Project Gutenberg - The Principle of stare decisis American Law Register - The Australian Institute of Comparative Legal Systems - The International Institute for Law and Strategic Studies (IILSS) - New South Wales Legislation - Historical Laws of Hong Kong Online – University of Hong Kong Libraries, Digital Initiatives - Maxims of Common Law from Bouvier's 1856 Law Dictionary Civil law (legal system) This article is about a type of system of law, contrasting with common law. For non-criminal law in a common-law system, see Civil law (common law). For other uses, see Civil law (disambiguation). Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent, or stare decisis).¹ ² Historically, a civil law is the group of legal ideas and systems ultimately derived from the Codex Justinianus, but heavily overlaid by Napoleonic, Germanic, canonical, feudal, and local practices,³ as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.⁴ It holds case law to be secondary and subordinate to statutory law. When discussing civil law, one should keep in mind the conceptual difference between a statute and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenarios.⁵ Code articles deal in generalities and thus stand at odds with statutory schemes which are often very long and very detailed. Overview The purpose of codification is to provide all citizens with manners and written collection of the laws which apply to them and which judges must follow. It is the most widespread system of law in the world, in force in various forms in about 150 countries,⁶ and draws heavily from Roman law, arguably the most intricate known legal system dating from before the modern era. Where codes exist, the primary source of law is the law code, which is a systematic collection of interrelated articles,⁷ arranged by subject matter in some pre-specified order,⁸ and that explain the principles of law, rights and entitlements, and how basic legal mechanisms work. Law codes are simply laws enacted by a legislature, even if they are in general much longer than other laws. Other major legal systems in the world include common law, Halakha, canon law, and Islamic law. Civilian countries can be divided into: - those where Roman law in some form is still living law but there has been no attempt to create a civil code: Andorra and San Marino - those with uncodified mixed systems in which civil law is an academic source of authority but common law is also influential: Scotland and the Roman-Dutch law countries (South Africa, Zimbabwe, Sri Lanka and Guyana) - those with codified mixed systems in which civil law is the background law but has its public law heavily influenced by common law: Puerto Rico, Philippines, Quebec and Louisiana - those with comprehensive codes that exceed a single civil code, such as Spain, Italy, France, Germany, Greece, Japan, Mexico: it is this last category that is normally regarded as typical of civil law systems, and is discussed in the rest of this article. The Scandinavian systems are of a hybrid character since their background law is a mix of civil law and Scandinavian customary law and have been partially codified. Likewise, the laws of the Channel Islands (Jersey, Guernsey, Alderney, Sark) are hybrids which mix Norman customary law and French civil law. A prominent example of a civil-law code would be the Napoleonic Code (1804), named after French emperor Napoleon. The Code comprises three components: the law of persons, property law, and commercial law. Rather than a compendium of statutes or catalog of caselaw, the Code sets out general principles as rules of law.⁷ Unlike common law systems, civil law jurisdictions deal with case law apart from any precedent value. Civil law courts generally decide cases using codal provisions on a case-by-case basis, without reference to other (or even superior) judicial decisions.¹⁰ In actual practice, an increasing degree of precedent is creeping into civil law jurisprudence, and is generally seen in many nations' highest courts.¹⁰ While the typical French-speaking supreme court decision is short, concise and devoid of explanation or justification, in Germanic Europe, the supreme courts can and do tend to write more verbose opinions supported by legal reasoning.¹⁰ A line of similar case decisions, while not precedent per se, constitute jurisprudence constante.¹⁰ While civil law jurisdictions place little reliance on court decisions, they tend to generate a phenomenal number of reported legal opinions.¹⁰ However, this tends to be uncontrolled, since there is no statutory requirement that any case be reported or published in a law report, except for the councils of state and constitutional courts.¹⁰ Except for the highest courts, all publication of legal opinions are unofficial or commercial.¹¹ Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression civil law is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian code's title Corpus Juris Civilis. Civil law practitioners, however, traditionally refer to their system in a broad sense as jus commune, literally "common law", meaning the general principles of law as opposed to laws peculiar to particular areas. (The use of "common law" for the Anglo-Saxon systems may or may not be influenced by this usage.) History The civil law takes as its major inspiration classical Roman law (c. AD 1–250), and in particular Justinian law (6th century AD), and further expounding and developments in the late Middle Ages under the influence of canon law.¹² The Justinian Code's doctrines provided a sophisticated model for contracts, rules of procedure, family law, wills, and a strong monarchical constitutional system.¹³ Roman law was received differently in different countries. In some it went into force wholesale by legislative act, i.e., it became positive law, whereas in others it was diffused into society by increasingly influential legal experts and scholars. Roman law continued without interruption in the Byzantine Empire until its final fall in the 15th century. However, subject as it was to multiple incursions and occupations by Western European powers in the late medieval period, its laws became widely available in the West. It was first received into the Holy Roman Empire partly because it was considered imperial law, and it spread in Europe mainly because its students were the only trained lawyers. It became the basis of Scots law, though partly rivaled by received feudal Norman law. In England, it was taught academically at Oxford and Cambridge, but underlay only probate and matrimonial law insofar as both were inherited from canon law, and maritime law, adapted from lex mercatoria through the Bordeaux trade. Consequently, neither of the two waves of Romanism completely dominated in Europe. Roman law was a secondary source that was applied only when local customs and laws were found lacking on a certain subject. However, after a time, even local law came to be interpreted and evaluated primarily on the basis of Roman law (it being a common European legal tradition of sorts), thereby in turn influencing the main source of law. Eventually, the works of civilian glossators and commentators led to the development of a common body of law and writing about law, a common legal language, and a common method of teaching and scholarship, all termed the jus commune, or law common to Europe, which consolidated canon law and Roman law, and to some extent, feudal law. Codification An important common characteristic of civil law, aside from its origins in Roman law, is the comprehensive codification of received Roman law, i.e., its inclusion in civil codes. The earliest codification known is the Code of Hammurabi, written in ancient Babylon during the 18th century BC. However, this, and many of the codes that followed, were mainly lists of civil and criminal wrongs and their punishments. Codification of the type typical of modern civilian systems did not first appear until the Justinian Code. Germanic codes appeared over the 6th and 7th centuries to clearly delineate the law in force for Germanic privileged classes versus their Roman subjects and regulate those laws according to folk-right. Under feudal law, a number of private custumals were compiled, first under the Norman empire (Très ancien coutumier, 1200–1245), then elsewhere, to record the manorial – and later regional – customs, court decisions, and the legal principles underpinning them. Custumals were commissioned by lords who presided as lay judges over manorial courts in order to inform themselves about the court process. The use of custumals from influential towns soon became commonplace over large areas. In keeping with this, certain monarchs consolidated their kingdoms by attempting to compile custumals that would serve as the law of the land for their realms, as when Charles VII of France commissioned in 1454 an official custumal of Crown law. Two prominent examples include the Coutume de Paris (written 1510; revised 1580), which served as the basis for the Napoleonic Code, and the Sachsenspiegel (c. 1220) of the bishoprics of Magdeburg and Halberstadt which was used in northern Germany, Poland, and the Low Countries. The concept of codification was further developed during the 17th and 18th centuries AD, as an expression of both natural law and the ideas of the Enlightenment. The political ideal of that era was expressed by the concepts of democracy, protection of property and the rule of law. That ideal required the creation of certainty of law, through the recording of law and through its uniformity. So, the aforementioned mix of Roman law and customary and local law ceased to exist, and the road opened for law codification, which could contribute to the aims of the above-mentioned political ideal. Another reason that contributed to codification was that the notion of the nation-state required the recording of the law that would be applicable to that state. Certainly, there was also a reaction to law codification. The proponents of codification regarded it as conducive to certainty, unity and systematic recording of the law; whereas its opponents claimed that codification would result in the ossification of the law. In the end, despite whatever resistance to codification, the codification of European private laws moved forward. Codifications were completed by Denmark (1687), Sweden (1734), Prussia (1794), France (1804), and Austria (1811). The French codes were imported into areas conquered by Emperor Napoleon and later adopted with modifications in Poland (Duchy of Warsaw/Congress Poland; Kodeks cywilny 1806/1825), Louisiana (1807), Canton of Vaud (Switzerland; 1819), the Netherlands (1838), Italy and Romania (1865), Portugal (1867) and Spain (1888). Germany (1900), and Switzerland (1912) adopted their own codifications. These codifications were in turn imported into colonies at one time or another by most of these countries. The Swiss version was adopted in Brazil (1916) and Turkey (1926). In the United States, U.S. states began codification with New York's "Field Code" (1850), followed by California's Codes (1872), and the federal Revised Statutes (1874) and the current United States Code (1926). Because Germany was a rising power in the late 19th century and its legal system was well organized, when many Asian nations were developing, the German Civil Code became the basis for the legal systems of Japan. In China, the German Civil Code was introduced in the later years of the Qing Dynasty emulating Japan. In addition, it formed the basis of the law of the Republic of China, which remains in force in Taiwan. Furthermore, Korea, Taiwan, Manchuria, which were the colonies of Japan, has been strongly influenced by the Japanese legal system. Some authors consider civil law to have served as the foundation for socialist law used in communist countries, which in this view would basically be civil law with the addition of Marxist–Leninist ideas. Even if this is so, civil law was generally the legal system in place before the rise of socialist law, and some Eastern European countries reverted to the pre-Socialist civil law following the fall of socialism, while others continued using their socialist legal systems. Several civil-law mechanisms seem to have been borrowed from medieval Islamic Sharia and fiqh. For example, the Islamic hawala (hundi) underlies the avallo of Italian law and the aval of French and Spanish law.¹⁴ Differentiation from other major legal systems The table below contains essential disparities (and in some cases similarities) between the world's four major legal systems.⁷ Civil law is primarily contrasted with common law, which is the legal system developed first in England, and later among English-speaking peoples of the world. Despite their differences, the two systems are quite similar from a historical point of view. Both evolved in much the same way, though at different paces. The Roman law underlying civil law developed mainly from customary law that was refined with case law and legislation. Canon law further refined court procedure. Similarly, English law developed from Norman and Anglo-Saxon customary law, further refined by case law and legislation. The differences of course being that (1) Roman law had crystallized many of its principles and mechanisms in the form of the Justinian Code, which drew from case law, scholarly commentary, and senatorial statutes; and (2) civilian case law has persuasive authority, not binding authority as under common law. Codification, however, is by no means a defining characteristic of a civil law system. For example, the statutes that govern the civil law systems of Sweden and other Nordic countries or Roman-Dutch countries are not grouped into larger, expansive codes like those found in France and Germany.¹⁶ Subgroups The term civil law comes from English legal scholarship and is used in English-speaking countries to lump together all legal systems of the jus commune tradition. However, legal comparativists and economists promoting the legal origins theory prefer to subdivide civil law jurisdictions into four distinct groups: - Napoleonic: France, Italy, the Netherlands, Spain, Chile, Belgium, Luxembourg, Romania, and most of the Arab world when Islamic law is not used. Former colonies include Quebec (Canada) and Louisiana (U.S.). + The Chilean Code is an original work of jurist and legislator Andrés Bello. Traditionally, the Napoleonic Code has been considered the main source of inspiration for the Chilean Code. However, this is true only with regard to the law of obligations and the law of things (except for principle of abstraction), while it is not true at all in the matters of family and successions. This code was integrally adopted by Ecuador, El Salvador, Nicaragua, Honduras, Colombia, Panama and Venezuela (although only for one year). According to other Latin American experts of its time, like Augusto Teixeira de Freitas (author of the "Esboço de un Código Civil para Brasil") or Dalmacio Vélez Sársfield (main author of the argentinian Civil Code), it is the most important legal accomplishment of Latin America. + Cameroon is a former colony of both France and United Kingdom and therefore is bi-juridical/mixed. + South Africa is a former colony of the United Kingdom but was heavily influenced by colonists from the Netherlands and therefore is bi-juridical/mixed. - Germanistic: Germany, Austria, Switzerland, Latvia, Estonia, Roman-Dutch, Czech Republic, Lithuania, Croatia, Hungary, Serbia, Slovenia, Slovakia, Bosnia and Herzegovina, Greece, Brazil, Ukraine, Portugal, other CPLP countries, Macau, former Portuguese territories in India (Goa, Daman and Diu and Dadra and Nagar Haveli), Turkey, Japan, South Korea, Taiwan and Thailand. - Nordic: Denmark, Finland, Iceland, Norway, and Sweden. - Chinese (except Hong Kong) is a mixture of civil law and socialist law. Nowadays, Chinese laws absorb some features of common law system, especially those related to commercial and international transactions. Hong Kong, although part of China, uses common law. The Basic Law of Hong Kong ensures the use and status of common law in Hong Kong. Macau has continued to have a Portuguese legal system in place. However, some of these legal systems are often and more correctly said to be of hybrid nature: - Napoleonic to Germanistic influence The Italian civil code of 1942 replaced the original one of 1865, introducing germanistic elements due to the geopolitical alliances of the time.¹⁷ This approach has been imitated by other countries including Portugal (1966), the Netherlands (1992), Brazil (2002) and Argentina (2014). Most of them have innovations introduced by the Italian legislation, including the unification of the civil and commercial codes.¹⁸ - Germanistic to Napoleonic influence The Swiss civil code is considered mainly influenced by the German civil code and partly influenced by the French civil code. The civil code of the Republic of Turkey is a slightly modified version of the Swiss code, adopted in 1926 during Mustafa Kemal Atatürk's presidency as part of the government's progressive reforms and secularization. Some systems of civil law do not fit neatly into this typology, however. The Polish law developed as a mixture of French and German civil law in the 19th century. After the reunification of Poland in 1918, five legal systems (French Napoleonic Code from the Duchy of Warsaw, German BGB from Western Poland, Austrian ABGB from Southern Poland, Russian law from Eastern Poland, and Hungarian law from Spisz and Orawa) were merged into one. Similarly, Dutch law, while originally codified in the Napoleonic tradition, has been heavily altered under influence from the Dutch native tradition of Roman-Dutch law (still in effect in its former colonies). Scotland's civil law tradition borrowed heavily from Roman-Dutch law. Swiss law is categorized as Germanistic, but it has been heavily influenced by the Napoleonic tradition, with some indigenous elements added in as well. Louisiana private law is primarily a Napoleonic system. Louisiana is the only U.S. state partially based on French and Spanish codes and ultimately Roman law, as opposed to English common law.¹⁹ In Louisiana, private law was codified into the Louisiana Civil Code. Current Louisiana law has converged considerably with American law, especially in its public law, judicial system, and adoption of the Uniform Commercial Code (except for Article 2) and certain legal devices of American common law.²⁰ In fact, any innovation, whether private or public, has been decidedly common law in origin. Likewise, Quebec law, whose private law is similarly of French civilian origin, has developed along the same lines, having adapted in the same way as Louisiana to the public law and judicial system of Canadian common law. By contrast, Quebec private law has innovated mainly from civilian sources. To a lesser extent, other states formerly part of the Spanish Empire, such as Texas and California, have also retained aspects of Spanish civil law into their legal system, for example community property. The legal system of Puerto Rico exhibits the same tendencies that of Louisiana has shown: the application of a civil code whose interpretations are reliant on both the civil and common law systems. Because Puerto Rico's Civil Code is based on the Spanish Civil Code of 1889, available jurisprudence has tended to rely on common law innovations due to the code's age and in many cases, obsolete nature. Several Islamic countries have civil law systems that contain elements of Islamic law.²¹ As an example, the Egyptian Civil Code of 1810 that developed in the early 19th century—which remains in force in Egypt is the basis for the civil law in many countries of the Arab world where the civil law is used— is based on the Napoleonic Code, but its primary author Abd El-Razzak El-Sanhuri attempted to integrate principles and features of Islamic law in deference to the unique circumstances of Egyptian society. Japanese Civil Code was considered as a mixture of roughly 60 percent of the German civil code and roughly 30 percent of the French civil code and 8 percent of Japanese customary law and 2 percent of the English law.²² The code includes the doctrine of ultra vires and a precedent of Hadley v Baxendale from English common law system. See also - Civil law notary - Rule according to higher law - Tort - List of national legal systems Notes [1] Washington Probate, "Estate Planning & Probate Glossary", Washington (State) Probate, s.v. "common law", [htm], 8 Dec. 2008, retrieved on 7 November 2009. [2] Charles Arnold-Baker, The Companion to British History, s.v. "English Law" (London: Loncross Denholm Press, 2008), 484. [3] Charles Arnold Baker, The Companion to British History, s.v. "Civilian" (London: Routledge, 2001), 308. [4] Michel Fromont, Grands systèmes de droit étrangers, 4th edn. (Paris: Dalloz, 2001), 8. [5] "The role of legislation is to set, by taking a broad approach, the general propositions of the law, to establish principles which will be fertile in application, and not to get down to the details. . . ." Alain Levasseur, Code Napoleon or Code Portalis?, 43 Tul. L. Rev. 762, 769 (1969). [6] "The World Factbook". cia.gov. [7] Neubauer, David W., and Stephen S. Meinhold. Judicial Process: Law, Courts, and Politics in the United States.Belmont: Thomson Wadsworth, 2007, pg.28. [8] "Glossary of Legal Terms", 12th District Court – Jackson, County, MI, retrieved on 12 June 2009: [9] Alphabetical Index of the 192 United Nations Member States and Corresponding Legal Systems, Website of the Faculty of Law of the University of Ottawa [10] Reynolds 1998, p. 58. [11] Reynolds 1998, p. 59. [12] "Roman Law and Its Influence". Infoplease.com. Retrieved 2011-08-18. [13] Kenneth Pennington, "Roman and Secular Law in the Middle Ages", Medieval Latin: An Introduction and Bibliographical Guide, edd. F.A.C. Mantello and A.G. Rigg (Washington, D.C.: Catholic University Press of America, 1996), 254–266; [html], available at , retrieved 27 August 2011. [14] Badr, Gamal Moursi (Spring 1978), "Islamic Law: Its Relation to Other Legal Systems", The American Journal of Comparative Law, The American Journal of Comparative Law, Vol. 26, No. 2, 26 (2 [Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24–25, 1977]): 187–198 [196–8], doi:10.2307/839667, JSTOR 839667 [15] Makdisi, John A. (June 1999), "The Islamic Origins of the Common Law", North Carolina Law Review, 77 (5): 1635–1739 [16] Smits, Jan (ed.); Dotevall, Rolf (2006), Elgar Encyclopedia of Comparative Law, "63: Sweden", Edward Elgar Publishing, ISBN 1-84542-013-6 [17] "Towards a civil code: the italian experience". teoriaestoriadeldirittoprivato.com. [18] ""On the Legal Method of the Uniform Commercial Code" by Mitchell Franklin". duke.edu. [19] "How the Code Napoleon makes Louisiana law different". LA-Legal. Archived from the original on 2006-10-31. Retrieved 2006-10-26. [20] "Louisiana – Judicial system". City-data.com. Retrieved 2011-08-18. [21] "Civil Law". Microsoft Encarta Online Encyclopedia 2009. Archived 2009-10-31. [22] 和仁陽「岡松参太郎――法比較と学理との未完の綜合――」『法学教室』No.183 (Japanese) P.79 Bibliography - Lydorf, Claudia. (2011). Romance Legal Family. Mainz: Institute of European History. - MacQueen, Hector L. "Scots Law and the Road to the New Ius Commune." Electronic Journal of Comparative Law 4, no. 4 (December 2000). - Moustaira Elina N., Comparative Law: University Courses (in Greek), Ant. N. Sakkoulas Publishers, Athens, 2004, ISBN 960-15-1267-5 - Reynolds, Thomas H. (1998). "Introduction to Foreign and Comparative Law". In Rehberg, Jeanne; Popa, Radu D. Accidental Tourist on the New Frontier: An Introductory Guide to Global Legal Research. pp. 47–86. ISBN 978-0-837-71075-4. External links - A collection of Roman Law resources maintained by professor Ernest Metzger. - The Roman Law Library by Professor Yves Lassard and Alexandr Koptev - A Primer on the Civil Law System from the Federal Judicial Center - Brasil Law Articles in English - A Civil Law to Common Law Dictionary by N. Stephan Kinsella, Louisiana Law Review (1994) - Brehon Law (King Ollamh Fodhla) Criminal law of Canada The criminal law of Canada is under the exclusive legislative jurisdiction of the Canadian federal government. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act, and several other peripheral Acts. Prosecution In all Canadian provinces and territories, criminal prosecutions are brought in the name of the "Queen in Right of Canada". A person may be prosecuted criminally for any offences found in the Criminal Code or any other federal statute containing criminal offences.¹ There are two basic types of offences. The most minor offences are summary conviction offences. They are defined as "summary" within the Act and, unless otherwise stated, are punishable by a fine of no more than $5,000 and/or 6 months in jail. Examples of offences which are always summary offences include trespassing at night (section 177), causing a disturbance (section 175) and taking a motor vehicle without the owner's consent (section 335) (an equivalent to the British TWOC). All non-summary offences are indictable: the available penalties are greater for indictable offences than for summary offences. These in turn may be divided into three categories. - Indictable-only offences include treason and murder (section 235), and are listed in section 469 of the Criminal Code. These can only be tried by the higher court of the province with a jury, unless both the accused person and the Attorney General consent to trial by a higher court judge alone: section 473. - Offences of absolute jurisdiction include theft and fraud up to the value of $5,000 and certain nuisance offences. These are listed in section 553 of the Criminal Code: the accused person does not have an election and must be tried by a judge of the provincial court without a jury. - Most other offences defined by the Criminal Code are triable either way, and are sometimes known as hybrid offences. In these offences the accused person can elect whether to be tried by: - a provincial court judge, - a judge of the higher court of the province without a jury or - a judge of the higher court with a jury. However, if the accused elects trial by a provincial court judge, that judge can decline jurisdiction and refer the case to the higher court: section 554. The Attorney General can also require a case to be tried by the higher court with a jury: section 568. Elements of an offence Criminal offences require the prosecuting crown to prove that there was criminal conduct (known as the actus reus or "guilty act") accompanied by a criminal state of mind (known as the mens rea or "guilty mind")² on a standard of "beyond a reasonable doubt".³ Exceptions to the mens rea requirement exist for strict and absolute liability offences. The specific elements of each offence can be found in the wording of the offence as well as the case law interpreting it. The external elements typically require there to be an "act", within some "circumstances", and sometimes a specific "consequence" that is caused by the action.⁴ For the crown to prove the accused is guilty the actus reus and mens rea must be proven. Actus Reus + Mens Rea = Crime/ Guilty Mens rea The mental or fault elements of an offence are typically determined by the use of words within the text of the offence or else by case law. Mens Rea in Canada typically focuses on the actual or 'subjective' state of mind of the accused. Where no standard is explicitly stated conduct must typically be proven to have been done with a general intent (i.e. intent to act in a certain way irrespective of the action's outcome). Where certain circumstances are part of the offence, the accused must have had knowledge of them, which can be imputed based on conduct and other evidence. Defences When the Crown is able to prove the elements of the offence beyond a reasonable doubt, the defence may still avoid conviction by raising a positive defence. A true defence arises when some circumstances afford the accused a partial or complete justification or excuse for committing the criminal act. In Canada, the defences are generally similar to standard and popularly understood defences of other common law jurisdictions such as the U.K., Australia and the United States. The true defences include duress,⁵ automatism,⁶ intoxication,⁷ or necessity.⁸ There is also a partial defence of provocation, which has the effect of reducing what would otherwise be murder to manslaughter. This partial defence is provided by s.232 of the Criminal Code. Some defences are provided for by statute and some defences are provided for solely by the common law. In some cases common law defences are superseded by statutory enactment, for example duress, self-defence and as mentioned above, extreme intoxication. Interestingly, in the case of duress the Supreme Court of Canada struck down the statutory provision as violative of s.7 of the Charter, leaving the broader common law defence instead. Statutory encroachments on the scope of common law defences can violate s.7 of the Charter if they unacceptably reduce the fault requirement of offences. In addition to the true defences as mentioned above, there are other "defences" in a broader sense. In some cases, these "defences" are really just an assertion that the Crown has not proven one of the elements of the offence. For example, the mistake of fact defence involves an assertion that the accused misunderstood some material factual matter that prevented him from forming the requisite mens rea for the offence. In the context of sexual assault, for example, a mistake of fact defence usually involves an assertion that the accused did not realize the complainant was not consenting. Since the mens rea for sexual assault includes a subjective appreciation of the fact that the complainant is not consenting, the "defence" of mistake of fact in this context is thus properly understood as a failure on the part of the Crown to prove its case. In practical terms and common parlance, however, it is still considered to be a defence. Another example of this more general kind of defence is the "i.d. defence", which is really just an assertion by the accused that the Crown has failed to prove the identity of the perpetrator of a crime beyond a reasonable doubt. There are many other examples of this kind of defence. In reality they are just clusters of specific shortcomings that arise frequently in the prosecution of certain kinds of offences. All defences – whether one is speaking of true defences or defences in the broader sense – can arise from the evidence called by the Crown or the accused. A defence can only be left with the jury (or considered by a judge trying the case without a jury) where there is an "air of reality" to the defence on the evidence. That air of reality can arise from the Crown's case and/or from the defence case if one is called. It is not necessary for an accused to testify or call other evidence to raise a defence. If the evidence called by the Crown is sufficient to raise an air of reality to a defence, the jury must consider whether the defence applies, most on the standard of whether it raises a reasonable doubt. For example, in an assault case it may be that one of the Crown's eyewitnesses testifies that it looked to him like the victim punched the accused first and that the accused was defending himself. In such a case, even if all the other eyewitnesses saw the accused punch first, the jury must consider whether on all of the evidence it has a reasonable doubt that the accused acted in self-defence. There is an even broader sense of the word "defence". Sometimes the defence will raise an issue capable of leading either to the termination of the proceedings or the exclusion of evidence. For example, in a drug case the accused might argue that the search warrant by which the police entered his house and seized the drugs was defective and that his constitutional rights were therefore violated. If he is successful in establishing such a violation, the evidence can be excluded, and usually the Crown cannot otherwise prove its case. When this sort of thing happens, it is not really a defence at all, since the accused must establish it in a separate pre-trial application. Nevertheless, lawyers often refer to such applications as a "Charter defence" in reference to the Charter of Rights. Other forms of Charter defence can lead not to the exclusion of evidence but to the termination of the proceedings, known as a stay of proceedings. For example, if the accused is not brought to trial within a reasonable time, the proceedings must be stayed for delay by virtue of ss.11(b) and 24(1) of the Charter. Stays of proceedings can also take place in the absence of a Charter violation. For example, the familiar "defence" of entrapment is neither a true defence nor necessarily a Charter breach. When entrapment is successfully established, the proceedings are deemed to be an "abuse of process" for which the remedy is a stay of proceedings. Cases of abuse of process arise in certain other circumstances, and they can also can involve Charter breaches, and there is significant overlap. Finally, ignorance of the law is not a defence. Section 19 of the Criminal Code specifically prohibits this defence. However, in rare cases ignorance of a law other than the one under which the accused is charged can be a defence if knowledge of that law is a relevant circumstance required to be proved as part of the actus reus and/or mens rea. Legal proceedings Information A person who alleges an offence, generally the police, swear under oath the facts supporting the charge. A Justice of the Peace at that point shall issue an Information. This is a document which contains the specific allegations. Under a private prosecution a hearing may be held and the Attorney General of the province in which the proceedings are taking place may intervene. Private prosecutions in Canada are usually restricted to regulatory offences such as practicing law without a licence and cruelty to animals. Bail Most accused persons are released at the time of arrest on a promise to appear. Where the police decide to hold the accused, the police must produce the accused before a Justice of the Peace within 24 hours. At that point a bail hearing will be held. An accused person generally does not bear the onus justifying release, subject to a few exceptions, such as if the accused is charged with murder, trafficking in narcotics, terrorism offences (see Bail in Canada). An accused may be released or detained pending the trial and, if found guilty, the passing of sentence. An order made by a Justice may be appealed to a superior court by either the Crown or the accused. Preliminary inquiry Where the accused is charged with an indictable offence, the Crown must prove a prima facie case before a judge of a provincial court. This process must be requested by the defence or the Crown.⁹ The presiding judge must determine whether there is sufficient evidence for a jury, acting reasonably and judicially, to convict the accused. The judge may neither weigh the evidence nor determine whether the evidence is admissible. If the judge determines there is sufficient evidence for a jury acting reasonably and judicially to convict the accused, the judge must commit the accused to stand trial. If not, the judge must discharge the accused and the proceedings end. However, if at a later date the Crown tenders further evidence, the Crown may recommence the proceedings. A discharge at a preliminary inquiry does not constitute double jeopardy. There is no appeal from an order of a judge. However, either party may seek leave to review the order in the superior court. If the accused is charged with an offence punishable by summary conviction or if the Crown elects to proceed by summary conviction if the accused is charged with a hybrid offence, the accused is not entitled to a preliminary inquiry and is immediately committed to trial. Section 536(4) of the Criminal Code, proclaimed in force in 2004, indicates a preliminary inquiry is no longer automatic after an accused elects to be tried in a superior court. The Attorney General may also, in rare cases, bypass the preliminary inquiry and issue a direct indictment. This may occur even where the accused has requested a preliminary inquiry, or even when the accused has been discharged by a preliminary inquiry.¹⁰ Trial The accused is tried at this stage. Where the accused is charged with an offence and has elected to be tried in provincial court, the judge may decide that the matter ought to be dealt with in the superior court and treat the trial as a preliminary inquiry and demand the accused to stand trial in the superior court. At this stage the trial court has all the authority to determine matters such as bail, preliminary motions, trial matters and the verdict. If the trial is by judge and jury, the jury has the ultimate authority to render a verdict but the trial judge has the authority over bail, pretrial motions and jury instructions. Sentencing If the accused is found guilty the trial judge must determine a fit sentence. See Criminal sentencing in Canada. Where the trial is by judge alone, the judge will determine all facts which were proven and allow the parties to adduce additional evidence concerning disputed facts which may form the basis for finding aggraviting or mitigating circumstance (i.e. the extent of injuries sustained by a victim). The Crown must prove an aggravating fact beyond a reasonable doubt while the accused bears a burden on a balance of probabilities to prove a mitigating fact. Appeal The Crown may appeal against a verdict of acquittal on a question of law alone. The accused may appeal on a question of law, fact or mixed law and fact. Either party may appeal a sentence unless the sentence is one fixed by law. Either party is entitled to a further appeal to the Supreme Court of Canada against a conviction or acquittal if a judge of the court of appeal dissented on a question of law or if the court of appeal allowed a Crown appeal against an acquittal and substituted a conviction. Otherwise either party may appeal a verdict or sentence with leave of the Supreme Court of Canada.¹¹ Mental health issues Mental health issues with a defendant in criminal proceedings are formally dealt with in two ways: whether the defendant is "fit to stand for trial", and the verdict of "not criminally responsible on account of mental disorder". For more information, see Fitness Law in Canada, Insanity Defence and Mental Disorder Defense. Informally, mental health can also be dealt with by alternative measures, through "mental health diversion". Mental health diversion will usually require a plan of supervision with the assistance of mental health social workers and professionals. Young offenders Criminal law matters relating to young persons (those aged 12 through 17) are dealt with by the Youth Criminal Justice Act which provides for different procedures and punishments than those applicable to adults. It also provides that in some serious cases youths may be treated like adults for sentencing and other purposes. See also - Section 91(27) of the Constitution Act, 1867 - Law enforcement in Canada - Law of Canada - Bail (Canada) References [1] In constitutional terms, a criminal offence was defined in the Margarine Reference [2] See R. v. Beaver [3] see R. v. Lifchus for description of the standard [4] each of which must be proven beyond a reasonable doubt". [5] see R. v. Ruzic [6] R. v. Stone [7] Which affords a partial defence to offences of specific intent (e.g. reducing murder to manslaughter). When the accused establishes on a balance of probabilities he was intoxicated to the point of being in a mental state akin to automatism or a mental disorder, a related rare defence of extreme intoxication may fully excuse even a general intent offence, although Parliament has attempted to foreclose that defence by enacting s.33.1 of the Criminal Code. Whether s.33.1 will survive scrutiny under the Charter of Rights is still an open question in Canada. Some lower courts have struck it down and others have upheld it, see R. v. Daviault [8] R. v. Perka and R. v. Latimer [9] s.536.4(1) of the Criminal Code [10] s. 536(4) of the Criminal Code [11] "Canadian criminal court system". Association of Commonwealth Criminal Lawyers. Retrieved 2010-12-24. Further reading - Michelle G. Grossman; Julian V. Roberts (2011). Criminal Justice in Canada. Cengage Learning. ISBN 978-0-17-650228-7. - Aaron Doyle; Dawn Moore (2011). Critical Criminology in Canada: New Voices, New Directions. UBC Press. ISBN 978-0-7748-1835-3. External links - Criminal Code, RSC 1985, c C-46 ) - Criminal Code also available in searchable format through CanLII Copyright law of Canada The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997 and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act 1867. History Colonial copyright law It is unclear to what extent British copyright law, or imperial law, starting with the 1709 Statute of Anne, applied to its colonies (including Canada),¹ but the House of Lords had ruled in 1774, in Donaldson v Beckett, that copyright was a creation of statute and could be limited in its duration. The first Canadian colonial copyright statute was the Copyright Act, 1832, passed by the Parliament of the Province of Lower Canada,² granting copyright to residents of the province. The 1832 Act was short, and declared ambitions to encourage emergence of a literary and artistic nation and to encourage literature, bookshops and the local press. After the Provinces of Upper and Lower Canada (Ontario and Quebec) were reunified to form the Province of Canada, the 1832 Act was repealed and with minor changes enacted as the Copyright Act, 1841.³ ⁴ The 1841 Act only granted copyright in books, maps, charts, musical compositions, prints, cuts and engravings. Copyright was only awarded if it was registered and a copy of the work deposited in the office of the registrar of the province before publication. The author or creator was required to be resident in the province in order to obtain copyright under the Act, though the Act was unclear on whether the work needed to have been first published in the Province. The objective of the colonial copyright statutes was to encourage the printing of books in Canada, though this was not made explicit to avoid conflict with imperial copyright law, which was primarily designed to protect English publishers. Britain forcefully demanded guarantees that British and Irish subjects were eligible for protection under Canadian colonial copyright law in the same way residents of the Canadian colony were.⁵ One year after Canada passed the 1841 Act, the UK Parliament passed the Copyright Act 1842. The statute explicitly applied to "all Parts of the United Kingdom of Great Britain and Ireland, the Islands of Jersey and Guernsey, all Parts of the East and West India, and all the Colonies, Settlements, and Possessions of the Crown which now are or thereafter may be acquired". Any book published in London would therefore be protected by copyright law in the entire British Empire, including Canada.⁴ The 1842 Act had an immediate impact on Canada and became infamous because it effectively prohibited the importation and sale of reprints of any book under British copyright printed in other countries. Previously Canada had mostly imported books from the United States, but it was now unlawful for Canadian merchants to engage in this trade. Instead merchants were required to import books under British copyright from printers in Britain, though British market prices were unaffordable for most residents of Canada. As British publishers systematically refused to license books for printing to Canadian printers, the Canadian Government questioned the responsible self-government arrangement.⁶ In a provocative move Canada passed An Act to extend the Provincial Copyright Act to Persons Resident in the United Kingdom in 1847, granting British authors protection only if their works had been printed and published in the Province of Canada.⁷ The 1841 and 1847 statutes were subject to minor revision in 1859 and the requirement for the works to be printed in Canada, buried in the text, was later noticed and denounced by the imperial British Government.⁵ Confederation Upon Confederation, the British North America Act, 1867 granted the Federal Government power to legislate on matters such as copyright and patents. In 1868 the Parliament of Canada passed the Copyright Act of 1868,⁸ which granted protection for "any person resident in Canada, or any person being a British subject, and resident in Great Britain or Ireland."⁹ It re-established the publication requirements of the 1847 statute, prompting demand from the British Government that Canada should revise its laws so as to respect imperial copyright law.¹⁰ Under Imperial copyright London printers had a monopoly and attracted most authors from the colonies to first publish with them because imperial copyright law granted protection in all colonies. London printers refused Canadian printers the license to print books first published in London and authors had little incentive to first publish in Canada, as colonial copyright law only granted protection in Canada. The Canadian government sought to further strengthen the Canadian print industry with an 1872 bill that would have introduced a projected licensing scheme that allowed for a reprinting of books under foreign copyright in exchange for a fixed royalty. The British Government opposed the bill and it never received Royal Assent.¹¹ In order to encourage the local printing and publishing industry Canada made a number of diplomatic and legislative efforts to limit the effects of the 1842 Imperial Act. In a compromise arrangement Canada passed the Copyright Act, 1875,¹² which provided for a term of twenty-eight years, with an option to renew for a further fourteen years, for any "literary, scientific and artistic works or compositions" published initially or contemporaneously in Canada, and such protection was available to anyone domiciled in Canada or any other British possession, or a citizen of any foreign country having an international copyright treaty with the United Kingdom, but it was contingent on the work being printed and published (or reprinted and republished) in Canada.¹³ By registering under the Canadian Act, British and foreign publishers gained exclusive access to the Canadian market by excluding American reprints.⁹ In 1877, the Ontario Court of Appeal ruled that the Imperial Act of 1842 continued to have effect in Canada, despite the passage of the Canadian Act of 1875.¹⁴ This effectively meant that Canadian copyright was a local scheme, whereas Imperial copyright conferred general protection throughout the British Empire.¹⁵ The application of Imperial copyright was strengthened by the earlier decision of the House of Lords in Routledge v Low,¹⁶ which declared that residence of an author, no matter how temporary, anywhere in the British dominions while his book was being published in the United Kingdom, was sufficient to secure it. As the United States was not then a signatory to an international copyright treaty (thus rendering its citizens ineligible for Canadian copyright), many Americans took advantage of this ruling by visiting Canada while their books were being published in London (and thereby obtaining Imperial copyright).¹⁷ There were other significant differences between the Canadian and Imperial régimes:⁹ Under the Copyright Act 1911, the Parliament of Canada was granted authority to either extend its application to Canada or to repeal (subject to the preservation of all legal rights existing at the time of such repeal) any or all enactments passed by the Imperial Parliament (including the Act of 1911) so far as operative within the Dominion. Canada opted to exercise the latter choice, and, upon passage of the Copyright Act, 1921, it assumed complete jurisdiction over copyright and Imperial legislation in the matter ceased to have effect.¹⁸ Copyright Act, 1921 Main article: Copyright Act of Canada The Copyright Act, 1921 came into force in 1924. Though Canada was no longer subject to imperial copyright law, it was closely modelled on the UK Copyright Act 1911: + the term of copyright was extended to 50 years after the creator's death¹⁹ (but, where a work was not yet published at the time of death, its term was extended to 50 years after publication)²⁰ + sound recordings were protected "as if such contrivances were musical, literary or dramatic works"²¹ + in the case of an engraving, photograph or portrait, the initial owner of the copyright was the person who commissioned the plate or other original²² + any remaining rights (if any) at common law were abolished²³ Following the UK Carwardine case,²⁴ rights in performer's performances were also held to exist under the Canadian Act (although they were never enforced). This was abolished in 1971.²⁵ New technological developments and the emergence of computers, photocopiers and recording devices led to a recognition that copyright law needed to be updated. Between 1954 and 1960 the Royal Commission on Patents, Copyright, and Industrial Design, known as the Ilsley Commission, published a series of reports.²⁶ Its brief was "to enquire as to whether federal legislation relating in any way to patents of invention, industrial designs, copyright and trade-marks affords reasonable incentive to invention and research, to the development of literary and artistic talents, to creativeness, and to making available to the Canadian public scientific, technical, literary and artistic creations and other adaptations, applications and uses, in a manner and on terms adequately safeguarding the paramount public interest."²⁷ ²⁸ Reform (1988–2012) See also: Copyright Modernization Act Between 1977 and 1985, a series of reports and proposals were issued for the reform of Canadian copyright law.²⁷ ²⁹ Eventually a copyright reform process was initiated in two phases: Phase one was started in 1988 and saw several amendments to the Copyright Act. Computer programs were included as works protected under copyright, the extent of moral rights was clarified, the provision for a compulsory license for the reproduction of musical works was removed, new licensing arrangements were established for orphan works in cases where the copyright owner could not be found, and rules were enacted on the formation of copyright collecting societies and their supervision by a reformed Copyright Board of Canada.²⁷ Phase two of the reform took place in 1997 and saw the Copyright Act amended with a new remuneration right for producers and performers of sound recordings when their work was broadcast or publicly performed by radio stations and public places such as bars. A levy was introduced on blank audio tapes used for private copying and exclusive book distributors were granted protection in Canada. New copyright exceptions were introduced for non-profit educational institutions, libraries, museums, broadcasters, and people with disabilities, allowing them to copy copyrighted works in specific circumstances without the permission of the copyright owner or the need to pay royalties. Damages payable for copyright infringement and the power to grant injunctions were increased, and the 1997 reforms introduced a mandatory review of the Copyright Act.²⁷ Copyright in unpublished works was limited to 50 years after the creator's death, but unpublished works by creators who died after 1948 but before 1999 retain their copyright until 2049.³⁰ After becoming a signatory country of World Intellectual Property Organization Internet Treaties in 1996, Canada implemented its terms in 2012 with the passage of the Copyright Modernization Act.³¹ The 2012 Act focuses on anti-circumvention provisions for technical protection measures, the protection of authors' rights, and the public's rights concerning the copying of legally obtained materials.³² During consideration of the bill, many groups publicly stated their opposition to its digital lock specifications,³³ arguing that such measures infringed on legitimate usage of copyright holding.³⁴ Extension of copyright for certain sound recordings (2015) From June 23, 2015, the rules governing copyright protection were modified to provide that copyright in unpublished sound recordings created on or after that date would last for 50 years after fixation, but if the sound recording is published before the copyright expires, the applicable term would then be the earlier of 70 years from its publication or 100 years from fixation.³⁵ By implication, this will also extend the copyright for performer's performances contained in such recordings.³⁵ TPP proposal for extension of copyright term As part of the Trans-Pacific Partnership trade agreement signed by Canada in February 2016,³⁶ upon ratification Article 18.63 of its intellectual property rules provides for an extension of copyright to the following minimum terms: - on the basis of the life of a natural person, a term of life plus 70 years; and otherwise - 70 years from the first authorized publication, or, if not published within 25 years of its creation, 70 years from its creation. Article 18.64 provides for the application of Article 18 of the Berne Convention (which provides that extensions of terms will not have the effect of reviving previously expired copyrights) and of Article 14.6 of the TRIPs Agreement (which makes similar provision for the rights of performers and producers in sound recordings). Rights Conferred The Act confers several types of rights in works: + copyright + moral rights + neighbouring rights Copyright includes the right to first publish, reproduce, perform, transmit and show a work in public. It includes other subsidiary rights such as abridgment and translation.³⁷ Moral rights were instituted upon Canada's accession to the Berne Convention, and they possess several key attributes: attribution, integrity and association. They allow the author of a work to determine how it is being used and what it is being associated to.³⁷ Neighbouring rights — generally discussed in the music industry (e.g. performer's rights, recording rights) — are a series of rights relating to one piece of work, and were established upon Canada's accession to the Rome Convention. They do not relate to the creative works themselves, but to their performance, transmission and reproduction.³⁷ Similar protection is extended to copyright holders in countries that are parties to: + the Berne Convention for the Protection of Literary and Artistic Works, + the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, + the WIPO Copyright Treaty, and + the WIPO Performances and Phonograms Treaty. Protected Works See also: Authorship and ownership in copyright law in Canada A work must be original and can include literary, dramatic, musical and artistic works or compilations. Copyright is granted the moment the work is created and does not distinguish work of a professional or that of an amateur. There is also no distinction between for profit or commercial use or for hobby purposes. Literary work includes anything that is written, such as speeches, essays and books and may be in any form. However, a short string of words or spontaneous speech is not covered. Dramatic works include the characters, scenes, choreography, cinematography, relationship between characters, dialogue and dramatic expression. Artistic works include sculptures, paintings, photographs, charts and engravings. Musical works include any musical compositions with or without words. Unexpressed ideas are not protected work.³⁷ Copyright also extends to incomplete creations such as proposals, treatments and formats, and infringement can occur when subsequent audiovisual works use their elements without ever actually literally copying them.³⁸ It is unclear whether the subjects in interviews have copyright in the words they utter (and thus be considered to be their authors), as the courts have not definitively ruled on the issues of originality and fixation in such cases.³⁹ However, in Gould Estate v Stoddart Publishing Co Ltd, the Ontario Court of Appeal noted that "offhand comments that [the interviewee] knew could find their way into the public domain ... [were] not the kind of disclosure which the Copyright Act intended to protect."⁴⁰ Ownership of a creative work may be assigned to a corporation or other employer as part of an employment contract. In such a cases, the employer retains ownership of the creative work even after the contract ends. The new copyright owner is therefore free to make changes to the finished product without the creator's consent.⁴¹ A creative employee, meanwhile, may continue to use his or her experience, expertise, and memory to create a similar product after the conclusion of a contract. In 2002, the Ontario Court of Appeal upheld a literal interpretation of the word "copy" and found that a software engineer's creation of a "similar" product from memory did not constitute infringement of his former employer's copyright.⁴² Fair Dealing See also: Fair dealing in Canadian copyright law Unauthorized copying of works can be permissible under the fair dealing exemption. In CCH Canadian Ltd. v. Law Society of Upper Canada,⁴³ the Supreme Court of Canada made a number of comments regarding fair dealing, and found that the placement of a photocopier in a law library did not constitute an invitation to violate copyright. In Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright), the Court further clarified this exemption from copyright law in the context of education, finding that a teacher may photocopy a brief excerpt from a textbook in circumstances where it would be impractical to purchase a text book for each student. Fair dealing is to be examined on a case-by-case basis. The purpose of the dealing, character of the dealing, amount of the dealing, alternatives of the dealing, nature of the work and effect of the dealing are factors that can contribute to fair dealing. Those favouring a broad interpretation of fair dealing argue there ought to be reasonable unauthorized reproduction of works because it facilitates creativity and free expression. They also argue that fair dealing provides reasonable access to existing knowledge. Those arguing that fair dealing ought to be more restrictive and specific state that fair dealing will reduce revenue to those creating works. They also argue the reproduction of works and sends a wrong message to the public that works are free as long as it falls under this banner. Their economic argument is that fair dealing should not compensate for the market's inability to meet the demand for public knowledge.⁴⁴ Public domain General rule Subject to other provisions of the Act, a work will fall into the public domain:⁴⁵ - 50 years after publication, in nearly all cases, if it was subject to Crown Copyright.⁴⁶ - 50 years after the death of its creator. - 50 years after publication where the creator is unknown, or (if not published) 75 years after its creation. - if it is a communications signal, 50 years after the signal is broadcast. In all cases: - copyright expires at the end of the calendar year in which the relevant date falls. - in the case of joint authorship of a work, copyright extends from the death of the last surviving author.⁴⁷ - in the case of a pseudonymous or anonymous work where one or more of the creators have become commonly known, the normal rules governing authorship apply.⁴⁸ - where the author is the first owner of the copyright and has subsequently assigned it (other than by will), the assignment will only extend to 25 years after the author's death, after which copyright will revert to the author's estate.⁴⁹ - moral rights in a work have the same term as the copyright in it, and cannot be assigned (other than by inheritance), but can be waived in whole or in part.⁵⁰ Posthumous works Before the 1999 reform of the Act, works that were published after the death of the author were protected by copyright for 50 years after publication, thus granting perpetual copyright to any work not yet published. This was revised so that protection is limited as follows: Photographs The Copyright Modernization Act, which came into force on November 7, 2012, altered the rules with respect to the term of copyright with respect to photographs so that the creator holds the copyright and moral rights to them, and the general rule of life plus 50 years thereafter applies all such works. However, there are two schools of thought with respect to how copyright applies to photographs created before that date: - Some commentators believe that the transitional rules implemented in the 1999 reform still apply.⁵² ⁵³ ⁵⁴ - Others assert that such rules were ousted when the 2012 Act came into force, and that the general rule under s. 6 of the Copyright Act governs.⁵⁵ This may also have had the collateral effect of reviving copyright in some works that had previously lapsed.⁵⁵ The differences between the two points of view can be summarized as follows: There is some controversy as to the legal status of photographs taken before 1949 in the first scenario, as it can be argued that the current practice of statutory interpretation in the courts would hold that copyright protection was moved to the general rule by the 1999 reform to such photographs that were taken by individuals or creator-controlled corporations.⁵⁶ In any case, this argument states that the 2012 Act effectively removed all such special rules that were formerly contained in s. 10 of the Copyright Act.⁵⁶ There has not yet been any jurisprudence in the matter, but it is suggested that previous cases, together with the 2012 Act's legislative history, may favour the second scenario.⁵⁷ Sound recordings and performance rights Before September 1, 1997, copyright in sound recordings was defined as being in "records, perforated rolls and other contrivances by means of which sounds may be mechanically reproduced."⁵⁸ From that date, they are defined as being "a recording, fixed in any material form, consisting of sounds, whether or not of a performance of a work, but excludes any soundtrack of a cinematographic work where it accompanies the cinematographic work."⁵⁹ Subject to that observation, such recordings will fall into the public domain: - for sound recordings created before 1965, 50 years after fixation, but if the sound recording is published before the copyright expires, 50 years after its publication (but only where copyright expires before 2015).³⁵ - for sound recordings created otherwise, 50 years after fixation, but if the sound recording is published before the copyright expires, the earlier of 70 years from its publication or 100 years from fixation.³⁵ Performance rights (in their current form) subsisting in sound recordings did not exist until 1994 (with respect to their producers) or 1996 (with respect to their performers).⁶⁰ Performer's performances that occurred in a WTO member country only received protection after 1995.⁶⁰ Effective September 1, 1997, performance rights were extended to performances captured on communication signals.⁶¹ Subject to that, such performances will fall into the public domain: - for performer's performances before 1962, the earlier of 50 years after its first fixation in a sound recording, or 50 years after its performance, if not fixed in a sound recording (but only where copyright expires before 2012). - for performer's performances created on or after 1962 but before 2015, 50 years after the performance occurs, but (a) if the performance is fixed in a sound recording, 50 years after its fixation, and (b) if a sound recording in which the performance is fixed is published before the copyright expires, the earlier of 50 years after publication and 99 years after the performance occurs (but only where copyright expires before 2015).³⁵ - for performer's performances created otherwise, 50 years after the performance occurs, but (a) if the performance is fixed in a sound recording, 50 years after its fixation, and (b) if a sound recording in which the performance is fixed is published before the copyright expires, the earlier of 70 years after publication and 100 years from fixation.³⁵ Anti-circumvention Any circumvention of technical protection measures designed to protect a copyrighted work is unlawful, even if the action was not for the purpose of copyright infringement. The marketing and distribution of products meant to breach technical protection measures is also unlawful. Exceptions exist in situations when the circumvention is for the purposes of accessibility, encryption research, privacy and security testing, reverse engineering to achieve software compatibility (if it is not already possible to do so without breaching TPMs),⁶² the creation of temporary recordings by broadcasters, and for law enforcement and national security purposes.⁶³ ⁶⁴ The federal court adopted a wide interpretation of the anti-circumvention rules in the case of Nintendo of America v. Go Cyber Shopping, asserting that alongside their use for enabling the use of pirated copies of software for them, a retailer of modchips for video game consoles could not use the availability of homebrew software as a defence under the interoperability provision, because Nintendo offers official manner for developers to create games for their platforms, thus making it possible to achieve interoperability without breaching TPMs.⁶² Administration See also: Canadian Private Copying Collective; Society of Composers, Authors and Music Publishers of Canada; and Access Copyright The Canadian Intellectual Property Office (CIPO), part of Industry Canada, administers intellectual property laws concerning the registration of patents, trade-marks, copyrights, industrial designs and integrated circuit topographies.⁶⁵ Copyright Board The Copyright Board of Canada is a federal agency that has four primary functions: (1) establish royalties users must pay for copyrighted works; (2) establish when the collection of such royalties is to be facilitated by a "collective-administration society"; (3) oversee agreements between users and licensing bodies; and (4) grant users licenses for works when the copyright owner cannot be located.⁶⁶ Collection of royalties and enforcement of copyright is often too costly and difficult for Individual owners of works. Therefore, collectives are formed to facilitate the collection of fees.⁶⁷ Collectives may file proposed tariff with the Copyright Board or enter into agreements with users. See also - Intellectual property law in Canada - Crown copyright - Fair dealing - File sharing in Canada - Bill C-60 (38th Canadian Parliament, 1st Session) - Bill C-61 (39th Canadian Parliament, 2nd Session) - Bill C-32 (40th Canadian Parliament, 3rd Session) - World Intellectual Property Organization Further reading History - Bannerman, Sara (2013). The Struggle for Canadian Copyright: Imperialism to Internationalism, 1842-1971. Vancouver: UBC Press. ISBN 978-0-7748-2406-4. - Geist, Michael (2010). From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda. Toronto: Irwin Law Inc. ISBN 978-1-55221-204-2. - Gendreau, Ysolde, ed. (2008). An Emerging Intellectual Property Paradigm: Perspectives from Canada. Edward Elgar Publishing. ISBN 978-1-84720-597-1. Pre-1921 doctrine - Dawson, S.E. (1882). Copyright in books: An inquiry into its origin, and an account of the present state of the law in Canada. Montreal: Dawson Brothers. - Mignault, Pierre-Basile (1880). "La propriété littéraire". La Thémis (in French). 2: 289. et seq.⁷⁴ Post-1921 doctrine - Perrault, Antonio (1924). "La propriété des œuvres intellectuelles". La Revue du Droit (in French). 3: 49. et seq.⁷⁵ - Fox, Harold G. (1944). The Canadian Law of Copyright. Toronto: University of Toronto Press. OCLC 3265423. Contemporary - Brown, D. Jeffrey; Campbell, Marisia (2010). "Copyright". In McCormack, Stuart C. Intellectual Property Law of Canada (2nd ed.). Huntington, NY: Juris Publishing. ISBN 978-1-57823-264-2. - Vaver, David (2000). Copyright Law. Toronto: Irwin Law Inc. ISBN 1-55221-034-0. - Vaver, David (2011). Intellectual Property Law: Copyright, Patents, Trade-Marks (2nd ed.). Toronto: Irwin Law Inc. ISBN 978-1-55221-209-7. - Wilkinson, Margaret Ann; Soltau, Carolyn; Deluzio, Tierney G.B. (2015). "Copyright in Photographs in Canada since 2012" (PDF). Open Shelf. Ontario Library Association. - Wilkinson, Margaret Ann; Deluzio, Tierney G.B. (2016). "The Term of Copyright Protection in Photographs". Canadian Intellectual Property Review. Intellectual Property Institute of Canada. 31: 95–109. Notes [1] Gendreau 2008, p. 111. [2] An Act for the protection of Copy Rights, S.L.C. 1832, c. 53 [3] An Act for the protection of Copy Rights in this Province, S.Prov.C. 1841, c. 61 [4] Gendreau 2008, pp. 110–111. [5] Gendreau 2008, pp. 111–112. [6] Gendreau 2008, p. 108. [7] An Act extend the Provincial Copy-Right Act to persons resident in the United Kingdom, on certain conditions, S.Prov.C. 1847, c. 28 [8] The Copyright Act of 1868, S.C. 1868, c. 54 [9] Bannerman 2013, ch. 3. [10] Gendreau 2008, pp. 113–114. [11] Gendreau 2008, p. 114. [12] The Copyright Act of 1875, S.C. 1875, c. 38 [13] Copyright Act, 1875, ss. 3–5 [14] Smiles v. Belford, 1 O.A.R. 436, held to have been properly decided in Durand et Cie v. La Patrie Publishing Co. 1960 CanLII 63 at p. 656, [1960] SCR 649 (24 June 1960) [15] Easton, J.M. (1915). "III: Local Copyright Laws of British Colonies and Possessions". The law of copyright, in works of literature, art, architecture, photography, music and the drama: Including chapters on mechanical contrivances and cinematographs, together with international and foreign copyright, with the statutes relating thereto (5th ed.). London: Stevens and Haynes. pp. 339–345. [16] Routledge v. Low, (1868) 3 LTR 100, expanding upon its previous ruling in Jefferys v Boosey (1854) 4 HLC 815, 10 ER 681 (1 August 1854) [17] Dawson 1882, pp. 20–21. [18] Gendreau 2008, pp. 114–115. [19] Copyright Act, 1921, s. 5 [20] Copyright Act, 1921, s. 9 [21] Copyright Act, 1921, s. 4(3) [22] Copyright Act, 1921, s. 11(1)(a) [23] Copyright Act, 1921, s. 41(3), Schedule [24] Gramophone Co Ltd v Stephen Carwardine & Co, 1 Ch 450 (1934). [25] noted in Performance Rights in Sound Recordings. Washington, DC: United States House Committee on the Judiciary. 1978. pp. 216–219. [26] including Report on Copyright (PDF). Ottawa: Royal Commission on Patents, Copyright, Trade Marks and Industrial Designs. 1957. [27] Makarenko, Jay (13 March 2009). "Copyright Law in Canada: An Introduction to the Canadian Copyright Act". Judicial System & Legal Issues. Mapleleafweb. Retrieved 15 August 2010. [28] "Patents, Copyright and Industrial Designs, Royal Commission on". The Canadian Encyclopedi. Retrieved 15 August 2010. [29] Keyes, A.A.; Brunet, C. (1977). Copyright in Canada: Proposals for Revision of the Law. Ottawa: Consumer and Corporate Affairs Canada., From Gutenberg to Telidon: a white paper on copyright. Ottawa: Consumer and Corporate Affairs Canada. 1984., and A Charter of Rights for Creators — Report of the Subcommittee on the Revision of Copyright. Ottawa: Supply and Services Canada. 1985. [30] Copyright Act, s. 7(3) [31] Copyright Modernization Act, S.C. 2012, c. 20 [32] Christine Dobby (September 29, 2011). "Canada's copyright overhaul and the digital locks controversy". Financial Post. [33] Copyright Act, ss. 41–41.21, inserted by the Copyright Modernization Act [34] "Responding to Bill C-32: An Act to Amend the Copyright Act" (PDF). Canadian Federation for the Humanities and Social Sciences. November 2010. [35] Bob Tarantino (June 24, 2015). "The Complexities of Canada's Extension of Copyright Protection for Sound Recordings". Entertainment and Media Law Signal., discussing the impact of Economic Action Plan 2015 Act, No. 1, S.C. 2015, c. 36, Part 3, Div. 5 [36] "Chapter 18: Intellectual Property" (PDF). ustr.gov. Office of the United States Trade Representative. 2015. pp. 18–36. [37] Vaver 2011. [38] Cinar Corporation v. Robinson 2013 SCC 73 (23 December 2013) [39] Jarvis-Tinus, Jill (1992). "Legal Issues Regarding Oral Histories". Oral History Forum. Canadian Oral History Association. 12: 18–24. Retrieved October 23, 2015. [40] Gould Estate v Stoddart Publishing Co Ltd 1998 CanLII 5513, 39 OR (3d) 545 (6 May 1998), Court of Appeal (Ontario, Canada) [41] Netupsky et al. v. Dominion Bridge Co. Ltd. 1971 CanLII 172, [1972] SCR 368 (5 October 1971) [42] Delrina Corp. v. Triolet Systems Inc. 2002 CanLII 11389, 58 OR (3d) 339 (1 March 2002), Court of Appeal (Ontario, Canada) [43] CCH Canadian Ltd. v. Law Society of Upper Canada 2004 SCC 13, [2004] 1 SCR 339 (4 March 2004) [44] Geist 2010, pp. 90–120. [45] Copyright Act, ss. 6, 9–12, 23 [46] Copyright Act, s.12 [47] Copyright Act, s. 9 [48] Copyright Act, ss. 6.1–6.2 [49] Copyright Act, s. 14 [50] Copyright Act, ss. 14.1–14.2, 17.1–17.2 [51] Copyright Act, s. 7 [52] Vaver 2000, pp. 104–107. [53] Vaver 2011, pp. 145–147. [54] Wilkinson, Soltau & Deluzio 2015, fn. 58. [55] Wilkinson, Soltau & Deluzio 2015, p. 2. [56] Wilkinson, Soltau & Deluzio 2015, p. 12. [57] Wilkinson, Soltau & Deluzio 2015, pp. 7–9. [58] Brown & Campbell 2010, p. 234. [59] Copyright Act, s. 2 [60] Brown & Campbell 2010, p. 235. [61] Brown & Campbell 2010, p. 236. [62] Geist, Michael. "Canadian DMCA in Action: Court Awards Massive Damages in First Major Anti-Circumvention Copyright Ruling". Retrieved 3 March 2017. [63] "Legislative Summary of Bill C-11: An Act to amend the Copyright Act". Parliament of Canada. Retrieved 29 October 2015. [64] "Caving to Washington? "Canadian DMCA" expected to pass". Ars Technica. Retrieved 29 October 2015. [65] "What is CIPO". Canadian Intellectual Property Office. [66] "Our Mandate". Copyright Board. [67] Vaver 2000, pp. 216–221. [68] "Tariff of Levies to Be Collected by CPCC on the Sale, in Canada, of Blank Audio Recording Media". Canada Gazette. 31 August 2013. [69] "Statement of Royalties to Be Collected by Access Copyright for the Reprographic Reproduction, in Canada, of Works in its Repertoire" (PDF). Canada Gazette. June 27, 2009. [70] Geist 2010, pp. 503–540. [71] Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright) 2012 SCC 37, [2012] 2 SCR 345 (12 July 2012) [72] "Statement of Royalties to Be Collected by Access Copyright for the Reprographic Reproduction, in Canada, of Works in its Repertoire" (PDF). Canada Gazette. January 19, 2013. [73] "Tariffs proposed by Access Copyright". Copyright Board. [74] Gendreau 2008, p. 115, fn. 38. [75] Gendreau 2008, p. 119, fn. 59. External links - Copyright Act, R.S.C. 1985, c. C-42 Canadian nationality law Canadian nationality law determines who is eligible to be a citizen of Canada. Canadian nationality is typically obtained by birth in Canada, or birth abroad when at least one parent is a Canadian citizen or by adoption by at least one Canadian citizen. It can also be granted to a permanent resident who has lived in Canada for a period of time. History of British subject into Canadian citizenship Main article: History of Canadian nationality law After Canadian Confederation was achieved in 1867, the new Dominion's "nationality law" initially closely mirrored that of the United Kingdom and all Canadians were classified as British subjects. Section 91(25) of the British North America Act, 1867, passed by the British Parliament in London (now referred to as the Constitution Act, 1867), however, gave the Parliament of Canada authority over "Naturalization and Aliens". The Immigration Act, 1910, for example, created the status of "Canadian citizen".¹ This distinguished those "British subjects" who were born, naturalized, or domiciled in Canada from those who were not, but was only applied for the purpose of determining whether someone was free of immigration controls.² The Naturalization Act, 1914, increased the period of residence required to qualify for naturalization in Canada as a "British subject" from three years to five years. A separate additional status of "Canadian national" was created under the Canadian Nationals Act, 1921, in order that Canada could participate in international forces or military expeditions separately from Britain. Canadian independence from Britain was obtained incrementally between 1867 (confederation and Dominion status within the Empire) and 1982 (patriation of the Canadian constitution). In 1931, the Statute of Westminster provided that the United Kingdom would have no legislative authority over Dominions without the request and consent of that Dominion's government to have a British law become part of the law of the Dominion. The law also left the British North America Acts within the purview of the British parliament, because the federal government and the provinces could not agree on an amending formula for the Canadian constitution. (Similarly, the neighbouring Dominion of Newfoundland did not become independent because it never ratified the Statute.) When, in 1982, the British and Canadian parliaments produced the mutual Canada Act 1982 (UK) and Constitution Act 1982 (Canada), which included a constitutional amendment process, the UK ceased to have any legislative authority whatsoever over Canada. By the 1930s and the outbreak of World War II, Canada's naturalization laws consisted of a hodgepodge of confusing acts,³ which still retained the term "British subject" as the designation for "Canadian nationals". This eventually conflicted with the nationalism that arose following the First and Second World Wars, and the accompanying desire to have the Dominion of Canada's sovereign status reflected in distinct national symbols (such as flags, anthem, seal, etc.).⁴ This, plus the muddled nature of existing nationality law, prompted the enactment of the Canadian Citizenship Act, 1946, which took effect on 1 January 1947. On that date, "Canadian citizenship" was conferred on most Canadians previously classified as "British subjects". Subsequently, on 1 April 1949, Canadian nationality law was extended to Newfoundland, upon the former British colony joining the Canadian confederation as the Province of Newfoundland. Canadian nationality law was substantially revised again on 15 February 1977, when the new Citizenship Act came into force. From that date, multiple citizenship became legal. However, those who had lost Canadian citizenship before that date did not automatically have it restored until 17 April 2009, when Bill C-37 became law.⁵ The 2009 act also limited the issuance of citizenship to children born outside Canada to Canadian ancestors (jus sanguinis) to one generation abroad.⁶ Birth in Canada Current legislation Under paragraph 3(1)(a) of the 1977 Citizenship Act, any person who was born in Canada after 14 February 1977 acquires Canadian citizenship at birth. The Interpretation Act states that the term "Canada" not only includes Canadian soil, but also "the internal waters" and "the territorial sea" of Canada, with the term "internal waters" being defined as including "the airspace above".⁷ Hence, Immigration, Refugees and Citizenship Canada considers all children who were born over Canadian airspace as Canadian citizens.⁸ In one 2008 case, a girl born to a Ugandan mother aboard a Northwest Airlines flight from Amsterdam to Boston was deemed a Canadian citizen because she was born over Canadian airspace.⁹ In addition, the interpretation section of the Citizenship Act states that any person who was born on an aircraft registered in Canada, or a vessel registered in Canada, is considered to be born in Canada. There are only three exceptions to this rule, which are listed below. Exceptions Paragraph 3(2) of the Citizenship Act states that Canadian citizenship by birth in Canada is not granted to a child born in Canada if neither parent is a Canadian citizen or permanent resident, and either parent had the following occupation at the time of the child's birth:¹⁰ - an employee of a foreign government in Canada, - a servant of an employee of the foreign government, and, - an employee of a foreign organization which enjoys diplomatic immunity in Canada, including the United Nations. In a high-profile 2015 case, Deepan Budlakoti, a stateless man born in Ottawa, Ontario, was declared not to be a Canadian citizen because his parents were employed as domestic staffs by the High Commissioner of India in Canada and their contracts legally ended two months after his birth, despite the fact that they started to work for a non-diplomat well before their contracts ended and before Budlakoti was born.¹¹ Proposed abolishment In 2012, Citizenship and Immigration Minister Jason Kenney proposed to modify the jus soli birthright citizenship recognized in Canadian law as a means of discouraging birth tourism. The move had drawn criticism from experts who said that the proposal was based on overhyped popular beliefs and nonexistent data.¹² As of 2016, the incumbent Minister John McCallum said during an interview that there is no plan for the change to end birthright citizenship.¹³ Retroactive acquisition of Canadian citizenship for persons born in Canada before 1947 The 2015 amendment (Bill C-24) of the Citizenship Act has retroactively granted Canadian citizenship for the first time to people who were born in Canada before 1 January 1947 (or 1 April 1949 if born in Newfoundland and Labrador), ceased to be British subjects before that day, and never became a Canadian citizen after 1947 (or 1949). Under previous legislations, most of these people were never considered to be Canadian citizens because they have lost their British subject status before the creation of Canadian citizenship. Persons who had voluntarily renounced British subject status and had their British subject status revoked are ineligible.¹⁴ Canadian citizenship by descent Current legislation Under Bill C-37 which went into force on 17 April 2009, every person born outside of Canada in the first generation abroad (i.e. born to a parent who is not a Canadian citizen by descent) after 17 April 2009 is automatically a Canadian citizen by descent.⁸ The first generation rule applies to those whose citizenship was restored or who has retroactively acquired citizenship by Bill C-37 and Bill C-24, so a person who was born on or after 15 February 1977 to a parent who has their citizenship restored under either Bill C-37 or C-24 is automatically a Canadian citizen by descent.⁸ The exceptions to the first-generation rule are:⁸ - the parent, who is a Canadian citizen by descent, is employed by the federal or provincial government (including Canadian Forces) at the time of the child's birth, or, - the grandparent, who is a Canadian citizen by descent, is employed by the federal or provincial government (including Canadian Forces) at the time of the child's parent's birth. Previous provisions Between 15 February 1977 and 17 April 2009, a child of a Canadian citizen who was born abroad acquires Canadian citizenship automatically at birth, regardless of whether the parent was a Canadian citizen by descent.¹⁵ However, a Canadian citizen who was born outside Canada after the first generation between 15 February 1977 and 16 April 1981 is required to apply for a retention of Canadian citizenship before their 28th birthday.¹⁵ Prior to Bill C-37 becoming law on 17 April 2009, this only applied to those people born after 15 February 1977 (those born prior to this date but who did not have citizenship reacquired it or gained it retroactive to their date of birth or date citizenship was lost). Every such person whose Canadian parent or parents were also not born in Canada and obtained their citizenship at birth by descent (second generation born abroad) must have successfully applied to maintain their Canadian citizenship before their 28th birthday, that is, if their 28th birthday took place before 17 April 2009. People falling into that category who did not take steps to maintain their citizenship lost their citizenship on that birthday. With Bill C-37¹⁶ coming into effect on 17 April 2009, there is no longer a requirement or any allowance to apply to maintain citizenship. Additionally, the first generation rule requires at least one parent to be born in Canada or be a naturalized Canadian citizen in order to pass citizenship to their children born outside of Canada (government and Canadian Forces employees are exempt from this rule). On 4 December 2016 CBC Canada reported that some people born abroad to Canadian parents between 1977 and 1981 who have not filed an application to keep their citizenship before turning 28 have lost their Canadian nationality. An unknown number of individuals have been stripped of Canadian Nationality. ¹⁷ 2009 amendments to the Citizenship Act An Act to amend the Citizenship Act (S.C. 2008, c. 14) (previously Bill C-37)¹⁶ came into effect on 17 April 2009¹⁸ and changed the rules for Canadian citizenship. Individuals born outside of Canada can now become Canadian citizens by descent if one of their parents is a citizen of Canada either by having been born in Canada or by naturalization. The new law limits citizenship by descent to one generation born outside Canada. One of the changes instituted by the Government of Canada is the "first generation limitation". Jason Kenney, Minister for Citizenship, Immigration and Multiculturalism, said the following in the House of Commons of Canada on 10 June 2010: "That's why we must protect the values of Canadian citizenship and must take steps against those who would cheapen it.... We will strengthen the new limitation on the ability to acquire citizenship for the second generation born abroad."¹⁹ The new rules would not confer a Canadian citizenship on children born outside of Canada to parents who were themselves Canadian citizens by birth but not born in Canada. Thus the new rule makes a distinction between Canadian citizens born in Canada and immigrants granted citizenship on the one hand and citizens by birth who were born outside Canada on the other who have attenuated rights to pass on citizenship to their children. In a scenario, the new rules would apply like this: A child is born in Brazil in 2005 (before the new rules came in effect) to a Canadian citizen father, who himself is a born abroad citizen by descent, and a Brazilian mother who is only a Permanent Resident of Canada. Child automatically becomes a Canadian citizen at birth. Another child born after 17 April 2009 in the same scenario would not be considered a Canadian citizen. The child is considered born past "first generation limitation" and the parents (the father) would have to sponsor the child to Canada to become a Permanent Resident (a lengthy process which may take from one to four years ). Once the Permanent Residency is granted, a Canadian parent can apply for Canadian citizenship on behalf of the child, without the required three-year-residency rule, however.²⁰ Every person born outside Canada but within one generation of the native-born or naturalized citizen parent is automatically a Canadian citizen by descent (retroactive to date of birth or date citizenship was lost).¹⁶ The second generation born abroad, however, is not a citizen of Canada at birth. Such an individual might even be stateless if without claim to any other citizenship. (This situation actually occurred to a child born in China to a father who is a Canadian citizen born outside Canada.²¹ ) The second generation born abroad can gain Canadian citizenship only by immigrating to Canada; this can be done by the Canadian citizen's parents sponsoring as a dependent child, a category with fewer requirements, which would also take less time than most other immigration application categories. Under new rules, introduced in 2009, foreign nationals being adopted by Canadian citizens can now acquire Canadian citizenship immediately upon completion of the adoption, without entering Canada as a permanent resident as under the previous rules. Naturalization as a Canadian citizen A person who is a permanent resident may apply for Canadian citizenship by naturalization (grant) subject to the following conditions. The person: - is aged 18 years or over - is a permanent resident - has been physically in Canada for a total of 1460 days (i.e., four years) during the six years preceding the application for citizenship and must have been physically present in Canada for 183 days in four of the calendar years, including a minimum of four years as a permanent resident - has knowledge of Canada (as demonstrated by taking the Canadian Citizenship Test, which is required as part of the application process, but only if the applicant is between 14 and 64 years of age) - files income tax - declares intention to reside in Canada - is not a subject to any criminal prohibitions - is not a war criminal - is able to speak English or French well enough to communicate with people²² Prior to 2014's Bill C-24, the Strengthening Canadian Citizenship Act, the requirement for time spent in Canada was 1095 days over four years including two as a permanent resident. The language and knowledge requirement is unchanged except it applies to persons aged 14 to 64.²³ Children aged under 18 The naturalization requirements for children under 18 are different from those for adults. - the child should be a permanent resident - a parent of the child should be a Canadian citizen or in the process of applying for Canadian citizenship The residence and other requirements do not normally apply to those aged under 18. Citizenship ceremonies Main article: Oath of Citizenship (Canada) All applicants for Canadian citizenship aged 14 or over must attend a citizenship ceremony as the final stage of their application. Canadian citizenship by adoption In May 2006 the Canadian government introduced draft legislation, Bill C-14: An Act to Amend the Citizenship Act (Adoption), which is designed to allow adopted children the right to apply for immediate citizenship. This bill received Royal Assent on 22 June 2007.²⁴ Bill C-14 consists of only four clauses. Clause 1 amends section 3 of the Citizenship Act so that adopted children who attain citizenship without first obtaining permanent resident status are Canadian citizens. Clause 2 applies to adopted children who are minors and also to those who are at least 18 years of age; it amends section 5 of the Citizenship Act and provides that, subject to certain conditions, the Minister shall grant citizenship to children who are adopted abroad after 14 February 1977. Clause 2 also has a special provision for adoptions that are under the jurisdiction of Quebec. Loss of Canadian citizenship See also: History of Canadian nationality law Under the current legislation, there is no provision for involuntary loss of Canadian citizenship except when naturalized Canadians can have their citizenship revoked if convicted of fraud in relation to their citizenship application, or their original admission to Canada as an immigrant. Similar provisions also exist under the nationality laws of the UK, US, Israel, Australia, New Zealand and Spain. However, Bill C-24 has added other conditions under which a Canadian with dual or multiple citizenship can lose his or her Canadian citizenship, including but not limited to: - committing an act of terrorism, or, - being convicted of an act of terrorism by a foreign court. Persons with sole Canadian citizenship are not affected. Only citizens who have citizenship with another nation can renounce their Canadian citizenship. This is because Canada has agreed to comply with the UN's 1961 Convention on the Reduction of Statelessness.²⁵ Before 17 April 2009, some Canadians lost their citizenship prior to 15 February 1977 through:¹⁴ - naturalization in another country, - long residence overseas (prior to 1967), - naturalization of a parent (only when the person is a minor and receives foreign citizenship along with the parent), and, - failing to retain Canadian citizenship. Most of these people have their Canadian citizenship automatically restored when Bill C-37 came into effect in 2009. The only exceptions to the automatic resumption are when the person acquired Canadian citizenship as second or subsequent generations born outside Canada and lost it as a minor, and when the person has lost his or her citizenship on his or her 28th birthday as second generation born abroad.¹⁴ Lost Canadians In February 2007, the House of Commons Standing Committee on Citizenship and Immigration held hearings on so-called Lost Canadians,²⁶ who found out recently, on applying for passports, that for various reasons they may not be Canadian citizens as they thought.²⁷ Don Chapman, a witness before the committee, estimated that 700,000 Canadians have either lost their citizenship or are at risk of having it stripped.²⁷ However, Citizenship and Immigration Minister Diane Finley said her office has had just 881 calls on the subject. On 19 February 2007, she signed documents granting citizenship to 33 such individuals. Some of the reasons citizenship may have been lost is if the individual was born out of wedlock before 1977, or to a father who took a second citizenship. Another reason is if the child was born outside Canada, and failed to confirm their citizenship before turning 24 or 28. Some of the people affected reside in towns near the southern border, and hence were born in American hospitals.²⁸ Others, particularly Mennonites, were born to Canadian parents in Mexico or Paraguay.²⁹ An investigation by the CBC, based on Canadian census data, concluded that the problem could affect an estimated 10,000 to 20,000 individuals currently residing in Canada.³⁰ On 29 May 2007, Canadian Minister of Citizenship and Immigration Diane Finley announced her proposal to amend the Citizenship Act. Under the proposal, anyone naturalized in Canada since 1947 would have citizenship even if they lost it under the 1947 Act. Also, anyone born since 1947 outside the country to a Canadian mother or father, in or out of wedlock, would have citizenship if they are the first generation born abroad.³¹ Appearing before the Standing Committee on Citizenship and Immigration, Finley asserted that as of 24 May 2007, there were only 285 cases of individuals in Canada whose citizenship status needs to be resolved.³² Under the proposed legislation, anyone born before 1947 to a Canadian citizen abroad would be dealt with on a case-by-case basis; such individuals would have to apply for a ministerial permit.³³ Bill C-37, which received Royal Assent on 17 April 2009, amended the Citizenship Act to give Canadian citizenship to those who lost or never had it, due to outdated provisions in existing and former legislation. The law came into effect on 17 April 2009. Bill C-24, which came into force on June 11, 2015, further extended citizenship to additional "Lost Canadians" on that date, who were born before 1947 and did not become citizens on January 1, 1947 when the first Canadian Citizenship Act came into effect. The extension also applies to their first generation children born outside of Canada. Resumption of Canadian citizenship Former Canadian citizens who renounced their citizenship are generally required to obtain landed immigrant (permanent resident) status under normal rules and live in Canada for one year in order to resume Canadian citizenship. The 2009 Act resumed Canadian citizenship to all those who have obtained Canadian citizenship on or after 1 January 1947 but have subsequently lost it under the 1947 Act and their first generation descendents born abroad. The 2015 Act further resumed citizenship for Canadians who have lost British subject status before 1947 and those who were born to such parents outside Canada if they are the first generation born abroad.³⁴ On 22 September 1988, Prime Minister Brian Mulroney agreed to a redress package for Japanese-Canadians deported from Canada between 1941 and 1946 (about 4,000 in total) and their descendants. The package authorized a special grant of Canadian citizenship for any such person. All descendants of deported persons were also eligible for the grant of citizenship provided that they were living on 22 September 1988, regardless of whether the person actually deported from Canada was still alive. The Royal Family Further information: Monarchy of Canada § Canada's royal family and house Though she resides predominantly in the United Kingdom and it is uncertain whether a monarch is subject to his or her own citizenship laws,³⁵ the Queen of Canada is considered Canadian.³⁵ ³⁶ ³⁷ She and those others in the Royal Family who do not meet the requirements of Canadian citizenship (there are five Canadian citizens within the Royal Family) are not classified by either the government or some constitutional experts as foreigners to Canada;[n 1]⁴⁰ ⁴¹ in the Canadian context, members of the Royal Family are subjects specifically of the monarch of Canada.⁴² ⁴³ Members of the Royal Family have also, on occasion, declared themselves to be Canadian and called Canada "home".[n 2]³⁵ Judicial review of provisions of current and previous citizenship acts There have been a number of court decisions dealing with the subject of Canadian citizenship. In particular, the interpretation of the 3-year (1,095-day) residence requirement enacted by the 1977 Citizenship Act, which does not define the term "residence" and, further, prohibits an appeal of a Federal Court decision in a citizenship matter to the Federal Court of Appeal or the Supreme Court, has "led to a great deal of mischief and agony"⁴⁹ and generated considerable judicial controversy. Over the years two principal schools of thought with respect to residence have emerged from the Federal Court. Early on, in 1978, Associate Chief Justice Arthur L. Thurlow in Papadogiorgakis (Re), [1978] 2 F.C. 208,⁵⁰ opined that residency entails more than a mere counting of days. He held that residency is a matter of the degree to which a person, in mind or fact, settles into or maintains or centralizes his or her ordinary mode of living, including social relations, interests and conveniences. The question becomes whether an applicant's linkages suggest that Canada is his or her home, regardless of any absences from the country. In Re Koo,⁵¹ Justice Barbara Reed further elaborated that in residency cases the question before the Court is whether Canada is the country in which an applicant has centralized his or her mode of existence. Resolving such a question involves consideration of several factors: - Was the individual physically present in Canada for a long period prior to recent absences which occurred immediately before the application for citizenship? - Where are the applicant's immediate family and dependents (and extended family) resident? - Does the pattern of physical presence in Canada indicate a returning home or merely visiting the country? - What is the extent of the physical absences – if an applicant is only a few days short of the 1095-day total it is easier to find deemed residence than if those absences are extensive? - Is the physical absence caused by a clearly temporary situation such as employment as a missionary abroad, following a course of study abroad as a student, accepting temporary employment abroad, accompanying a spouse who has accepted temporary employment abroad? - What is the quality of the connection with Canada: is it more substantial than that which exists with any other country? The general principle is that the quality of residence in Canada must be more substantial than elsewhere. In contrast, a line of jurisprudence flowing from the decision in Re Pourghasemi (1993), 62 F.T.R. 122, 19 Imm. L.R. (2d) 259, emphasized how important it is for a potential new citizen to be immersed in Canadian society and that a person cannot reside in a place where the person is not physically present. Thus, it is necessary for a potential citizen to establish that he or she has been physically present in Canada for the requisite period of time. In the words of Justice Francis Muldoon: It is clear that the purpose of paragraph 5(1)(c) is to ensure that everyone who is granted precious Canadian citizenship has become, or at least has been compulsorily presented with the everyday opportunity to become "Canadianized." This happens by "rubbing elbows" with Canadians in shopping malls, corner stores, libraries, concert halls, auto repair shops, pubs, cabarets, elevators, churches, synagogues, mosques and temples – in a word wherever one can meet and converse with Canadians – during the prescribed three years. One can observe Canadian society for all its virtues, decadence, values, dangers and freedoms, just as it is. That is little enough time in which to become Canadianized. If a citizenship candidate misses that qualifying experience, then Canadian citizenship can be conferred, in effect, on a person who is still a foreigner in experience, social adaptation, and often in thought and outlook... So those who would throw in their lot with Canadians by becoming citizens must first throw in their lot with Canadians by residing among Canadians, in Canada, during three of the preceding four years, in order to Canadianize themselves. It is not something one can do while abroad, for Canadian life and society exist only in Canada and nowhere else. The co-existence of such disparate, yet equally valid approaches has led some judges to comment that the citizenship "law is in a sorry state",⁵² that "there cannot be two correct interpretations of a statute",⁵³ that "it does not engender confidence in the system for conferring citizenship if an applicant is, in the course of a single application, subjected to different legal tests because of the differing legal views of the Citizenship Court",⁵⁴ that there's a "scandalous incertitude in the law",⁵⁵ and that "there is no doubt that a review of the citizenship decisions of this Court, on that issue, demonstrates that the process of gaining citizenship in such circumstances is akin to a lottery".⁵⁶ In 2010 it seemed that a relative judicial consensus with respect to decision-making in residence cases might emerge. In several Federal Court decisions it was held that the citizenship judge must apply a hybrid two-test approach by firstly ascertaining whether, on the balance of probabilities, the applicant has accumulated 1,095 days of physical presence. If so, the residency requirement is considered to have been met. If not, then the judge must additionally assess the application under the "centralized mode of existence" approach, guided by the non-exhaustive factors set out in Koo (Re).⁵⁷ ⁵⁸ ⁵⁹ However, most recently, this compromise formula was rejected by Federal Court judges, who continued to plead for legislative intervention as the means to settle the residency requirement debacle.⁶⁰ ⁶¹ ⁶² A few of the other major decisions are: Rights and responsibilities of citizens According to Citizenship and Immigration Canada, citizens are: - Entitled to enjoy the rights guaranteed by the Canadian Charter of Rights and Freedoms. - Able to vote in political elections upon reaching the age of 18 (provided they are not absent from Canada for more than 5 years and intend to resume residency in Canada). - Able to run for political office upon reaching the age of 18. - Able to obtain a Canadian passport. - Able to prevent risk of getting deported from Canada (if the subject was born outside Canada, but is naturalized). - Able to work for the Federal government (where citizenship is usually required/preferred). - Allowed to live outside Canada indefinitely while retaining the right to return. - Able to pass on Canadian citizenship to children born outside Canada (to the first generation only). In addition, only individuals who are Canadian citizens may petition to receive a grant of armorial bearings.⁶⁶ Citizens are responsible for:⁶⁷ - Obeying Canada's laws. - Voting in Elections. - Serving on jury when reaching the age of majority, and if selected. - Taking responsibility for themselves and their family. - Helping others in the community. - Caring for and protecting the Canadian heritage and environment. - Respecting the rights and freedoms of others. - Eliminating discrimination and injustice. Documentary proof of Canadian citizenship For people who acquired citizenship by birth within Canada on or after 15 February 1977, a birth certificate issued by the province or territory concerned is adequate proof of the fact. Those born before that date must take note of the various rules concerning loss of citizenship that were previously in force, in order to confirm their status. For people who acquired citizenship by birth outside Canada under the 1947 Act, a certificate of registration of birth abroad or a certificate of retention of Canadian citizenship issued before 15 February 1977 would also constitute proof of citizenship. Otherwise, a certificate of Canadian citizenship (known under previous legislation as a "certificate of naturalization") is the only legal proof of such status.⁶⁸ It is issued to permanent residents who have applied for Canadian citizenship and have sworn the required oath of citizenship. It is also issued at the request of any other Canadian citizen, but could take many months to be issued.⁶⁹ It is illegal to be in possession of more than one certificate of citizenship or naturalization.⁷⁰ A Canadian passport, while more appropriately known as a travel or identity document, is assumed as proof of Canadian citizenship, but it is issued only after review of other documentary proof, as noted above. The passport itself, however, does not constitute the Canadian citizenship of the holder. Deepan Budlakoti, a stateless man born in Canada, was twice issued a valid Canadian passport before the Federal Government realized that he is not a Canadian citizen under Section 3(2) of the Citizenship Act and revoked his Canadian passport.¹¹ For decades, the Canadian Government issued both a commemorative certificate of Canadian citizenship and a credit card-sized certificate commonly called a Canadian Citizenship Card, which featured a photograph of the Canadian, along with biographical information, such as name, height and eye colour. Using these cards as photo identification was problematic. There was no legal requirement to periodically update the cards to take into account physical changes caused by aging, and the card lacked modern security features. Many Canadians who obtained citizenship as children continued to use cards issued to them as children as legal photo identification well into adulthood. Furthermore, obtaining a replacement photo card when the original was lost or stolen was time consuming, often taking many months, which could delay obtaining other forms of photo ID such as a passport. In 2012, the Government of Canada decided to discontinue the photo cards.⁷¹ The commemorative certificates have been redesigned and are now recognized as the legitimate proof of Canadian citizenship.⁷¹ In making this change, the government asserted that this change would make the document more secure, and ensure that proof of Canadian citizenship would no longer be used as an ID or travel document, and cited the prohibitive cost of replacing card making equipment and updating the photo ID cards with modern security features.⁷² Visa requirements Main article: Visa requirements for Canadian citizens Visa requirements for Canadian citizens are administrative entry restrictions by the authorities of other states placed on citizens of Canada. According to the 2016 Visa Restrictions Index, holders of a Canadian passport can visit 172 countries and territories visa-free or with visa on arrival, and the score of Canada is currently ranked⁷³ 6th in terms of travel freedom.⁷⁴ Commonwealth citizenship Because Canada is a member of the Commonwealth of Nations, Canadian citizens also have the status of "Commonwealth citizen", the functional meaning of which varies from one member state to another. Under British law, Canadians are entitled to certain rights in the United Kingdom, including: - Access to the British working holiday visa scheme - The ability to join the British Armed Forces, subject to certain residency requirements⁷⁵ ⁷⁶ ⁷⁷ - If resident in the UK with indefinite leave to remain, the ability to join the police⁷⁸ - For those with a British born grandparent, access to the UK Ancestry Entry Clearance - For those born before 1983 who meet the requirements, right of abode in the United Kingdom - If resident in the United Kingdom, the right to vote and stand for public office there⁷⁹ The following right has also applied in other Commonwealth Realms, though it may not be current law in all of them: - While abroad in a country where Canada does not have a consular office, Canadians may receive assistance from an Australian consular office under the Canada-Australia Consular Services Sharing Agreement. In areas where neither country has a diplomatic mission, Canadians may receive assistance from a British office. In cases where a Canadian needs an emergency travel document and Canada does not maintain a consular office, Canadians may obtain, as Commonwealth citizens, a British emergency passport. See also - History of Canada portal - Canadian passport - Canadians of convenience - Citizenship judge - Department of Citizenship and Immigration Canada - Honorary Canadian citizenship - Immigration to Canada - Lost Canadians - Nationality law - Oath of Citizenship (Canada) - Passport Canada - Permanent resident (Canada) - Visa requirements for Canadian citizens Notes [1] The Department of National Defence, in its manual The Honours, Flags and Heritage Structure of the Canadian Forces, separates the monarch of Canada and Canadian Royal Family from "foreign sovereigns and members of reigning foreign families, [and] heads of state of foreign countries..."³⁸ Further, in 2013, the constitution of the Order of Canada was changed so as to add, along with the preexisting "substantive" (for Canadian citizens only) and "honorary" (for foreigners only), a new category of "extraordinary" to the order's three grades, available only to members of the Royal Family and governors general.³⁹ [2] Princess Elizabeth, Duchess of Edinburgh, said in 1951 that when in Canada she was "amongst fellow countrymen".⁴⁴ ⁴⁵ When queen, she, in 1983, before departing the United States for Canada, said "I'm going home to Canada tomorrow" and,⁴⁶ in 2005, said she agreed with the statement earlier made by her mother, Queen Elizabeth, that Canada felt like a "home away from home."⁴⁷ Prince Philip, Duke of Edinburgh, refused honorary appointment to the Order of Canada on the grounds that, as the royal consort of the Queen, he was Canadian, and thus entitled to a substantive appointment.³⁵ ⁴⁸ References [1] S.C. 1910, c. 27 [2] Flournoy, Richard W; Hudson, Manley Ottmer (1983) [1930]. A Collection of nationality laws of various countries, as contained in ... F.B. Rothman. p. 73. ISBN 0837705444. Retrieved 12 October 2010. [3] "Forging Our Legacy: Canadian Citizenship And Immigration, 1900–1977". [4] Citizenship and Immigration Canada. "Forging Our Legacy: Canadian Citizenship And Immigration, 1900–1977 – The growth of Canadian nationalism". Queen's Printer for Canada. Retrieved 17 July 2012. [5] Citizenship and Immigration Canada (16 April 2008). "Legislation to restore citizenship to lost Canadians passes". Ottawa: Queen's Printer for Canada. Retrieved 5 June 2009. [6] http://www.cic.gc.ca/english/citizenship/rules_2009.asp [7] Interpretation Act (R.S.C., 1985, c. I-21) [8] Acquision of citizenship [9] "Baby girl born on US-bound flight". BBC News. 1 January 2009. [10] http://laws-lois.justice.gc.ca/eng/acts/c-29/page-2.html#h-3 [11] 'I can't be stateless': Born-in-Canada criminal fighting deportation after Ottawa decides citizenship not valid [12] Tory crackdown on 'birth tourists' will eliminate Canadian passport babies [13] Petition to Parliament calls for end to automatic citizenship to end 'birth tourism' [14] Loss of Canadian citizenship and British subject status, and acquisition and restoration of Canadian citizenship [15] Retention of citizenship prior attaining 28 years old [16] "Learn about the new law". [17] http://www.theprovince.com/news/local+news/university+class+takes+case+woman+stripped+citizenship/12476645/story.html [18] See the Executive summary of the REGULATIONS AMENDING THE CITIZENSHIP REGULATIONS, 1993 (SOR/2009-108). The Act to amend the Citizenship Act itself states (sec. 14): "The provisions of this Act, other than section 13, come into force on a day or days to be fixed by order of the Governor in Council, but no later than 365 days after the day on which this Act receives royal assent." Royal assent was given on 17 April 2008. No Order in Council appears to have been made. [19] [20] [21] Vancouver, The (25 September 2009). "Citizenship Act creates a 'stateless' child". Canada.com. Retrieved 25 January 2011. [22] "Becoming a Canadian citizen: Who can apply". Citizenship and Immigration Canada. 16 March 2010. Retrieved 2 November 2010. [23] Strengthening Canadian Citizenship Act Department of Citizenship and Immigration Canada' 6 February 2014' [24] "Bill C-14: An Act to amend the Citizenship Act (adoption) (LS-528E)". Parl.gc.ca. Retrieved 27 July 2010. [25] http://www.ctvnews.ca/canada/what-dual-citizens-need-to-know-about-bill-c-24-the-new-citizenship-law-1.2426968 [26] "CIMM – Loss of Canadian Citizenship for the years 1947, 1977 and 2007 – Committees of the House of Commons". Cmte.parl.gc.ca. Retrieved 25 January 2011. [27] http://www.cbc.ca/cp/national/070226/n022659A.html [28] "Manitoba 'border babies' officially become Canadians". CBC News. 20 February 2007. Archived from the original on 23 February 2007. [29] "The hunt for lost Canadians". Macleans.ca – Features. 20 February 2007. Retrieved 25 January 2011. [30] "450 'lost Canadians' caught in passport glitch: Finley". CBC News. 19 February 2007. Archived from the original on 3 April 2007. [31] "Statement from the Minister of Citizenship and Immigration on Proposed Changes to the Citizenship Act" (Press release). CIC Canada. 29 May 2007. Retrieved 30 May 2007. [32] Finley, Diane (29 May 2007). "Notes for an Address by The Honourable Diane Finley, P.C., M.P. Standing Committee on Citizenship and Immigration "Main Estimates and Loss of Citizenship"". Ottawa, Ontario. Retrieved 5 June 2009. [33] CTV.ca News Staff (29 May 2007). "Citizenship limbo to end for war bride children". Archived from the original on 18 November 2007. Retrieved 30 May 2007. [34] Changes to citizenship rules [35] McCreery, Christopher (2005), The Order of Canada: Its Origins, History and Development, University of Toronto Press, p. 227, ISBN 978-0-8020-3940-8 [36] Holloway, Ian (2007). "Constitutional Silliness and the Canadian Forces" (PDF). Canadian Monarchist News. Toronto: Monarchist League of Canada. Summer 2007 (26): 9. Archived from the original (PDF) on 25 June 2008. Retrieved 14 June 2009. [37] Buckner, Phillip (2005). "The Last Great Royal Tour: Queen Elizabeth's 1959 Tour to Canada". In Buckner, Phillip. Canada and the End of Empire. Vancouver: UBC Press. p. 66. ISBN 0-7748-0915-9. Retrieved 24 October 2009. [38] Department of National Defence (1 April 1999). "The Honours, Flags and Heritage Structure of the Canadian Forces" (PDF). Ottawa: Queen's Printer for Canada: 14–3–6, 13–2–1, 13A–1. A-AD-200-000/AG-000. Archived from the original (PDF) on 25 March 2009. Retrieved 23 May 2009. [39] Elizabeth II (2013), The Constitution of the Order of Canada, Queen's Printer for Canada, retrieved 2 May 2013 [40] Aralt Mac Giolla Chainnigh v. the Attorney-General of Canada, T-1809-06, 14.4 (Federal Court of Canada 21 January 2008). [41] McCreery, Christopher (22 July 2005), "Christopher McCreery", The Globe and Mail, Toronto, retrieved 10 May 2012 [42] Department of National Defence 1999, p. 4-1-7 [43] Noonan, Peter C. (1998). The Crown and Constitutional Law in Canada. Calgary: Sripnoon Publications. ISBN 978-0-9683534-0-0. [44] MacLeod, Kevin S. (2008). A Crown of Maples (PDF) (1 ed.). Ottawa: Queen's Printer for Canada. ISBN 978-0-662-46012-1. Retrieved 21 June 2009. [45] Bousfield, Arthur; Toffoli, Gary (2002). Fifty Years the Queen. Toronto: Dundurn Press. ISBN 1-55002-360-8. [46] "Monarchy > Elizabeth II, Queen of Canada". Canadian Royal Heritage Trust. Archived from the original on 18 April 2008. Retrieved 10 May 2012. [47] MacLeod 2008, p. 11 [48] Valpy, Michael (28 September 2002). "The Fresh Prince". The Globe and Mail. Toronto. Archived from the original on 2 December 2005. [49] "Imran v. Canada". Federal Court of Canada. 14 June 2012. Retrieved 10 August 2010. [50] "In re Citizenship Act and in re Antonios E. Papadogiorgakis". Federal Court of Canada. 30 June 1978. Retrieved 14 December 2012. [51] Koo (Re) 1992 CanLII 2417, [1993] 1 FC 286 (3 December 1992), Federal Court (Canada) [52] "Mann v. Canada". Federal Court of Canada. 16 December 2003. Retrieved 11 November 2010. [53] "Chen v. Canada". Federal Court of Canada. 29 December 2001. Retrieved 11 November 2010. [54] "Collier v. Canada". Federal Court of Canada. 30 November 2006. Retrieved 11 November 2010. [55] "Harry (Re) (1998), 1998 CanLII 7442 (FC), 144 F.T.R. 141, 77 A.C.W.S. (3d) 933". Federal Court of Canada. 13 February 1998. Retrieved 19 March 2012. [56] "CP – 5 Residence" (PDF). Citizenship and Immigration Canada. 11 June 2010. Retrieved 11 November 2010. [57] "Canada v. Salim". Federal Court of Canada. 29 September 2010. Retrieved 11 November 2010. [58] "Canada v. Elzubair". Federal Court of Canada. 16 March 2010. Retrieved 11 November 2010. [59] "Dedaj v. Canada". Federal Court of Canada. 26 July 2010. Retrieved 11 November 2010. [60] "Sarvarian v. Canada". Federal Court of Canada. 17 November 2010. Retrieved 9 February 2011. [61] "Ghaedi v. Canada". Federal Court of Canada. 25 January 2011. Retrieved 9 February 2011. [62] "Hao v. Canada". Federal Court of Canada. 28 January 2011. Retrieved 9 February 2011. [63] Glynos Decision [64] Taylor v. Canada (Minister of Citizenship and Immigration) 2006 FC (1 September 2006), Supreme Court (Canada) [65] Who is Joe Taylor ? [66] Governor General of Canada (2014-08-19). "Applying for Armorial Bearings". Heraldry. Retrieved 2016-04-24. All Canadian citizens […] may petition to receive a grant of armorial bearings. [67] [68] "Proof of Canadian citizenship". Passport Canada. Retrieved 15 March 2012. [69] "Processing Times for Citizenship Certificates". Cic.gc.ca. 22 December 2010. Retrieved 25 January 2011. [70] "Application for Citizenship Certificate" (PDF). Retrieved 25 January 2011. [71] http://www.cic.gc.ca/english/citizenship/proof.asp [72] http://www.cic.gc.ca/english/information/faq/citizenship/index.asp#proof [73] Using dense ranking. [74] "Global Ranking - Visa Restriction Index 2016" (PDF). Henley & Partners. Retrieved 27 February 2016. [75] http://www.army.mod.uk/join/How-to-join.aspx [76] http://www.royalnavy.mod.uk/careers/how-to-join/eligibility#nationality-and-residency [77] https://www.raf.mod.uk/recruitment/how-to-apply/eligibility-check/ [78] http://www.policecouldyou.co.uk/police-officer/am-i-eligible/index.html [79] Further reading - Kelley, Ninette; Trebilcock, Michael J. (2010), The Making of the Mosaic: A History of Canadian Immigration Policy (2nd ed.), University of Toronto Press, ISBN 978-0-8020-9536-7 - DeRocco David, John F. Chabot (2008) From Sea to Sea to Sea: A Newcomer's Guide to Canada Full Blast Productions, ISBN 978-0-9784738-4-6 - Noorani, Nick; Noorani, Sabrina (2008), Arrival Survival Canada: A Handbook for New Immigrants, Oxford University Press, ISBN 978-0-19-542891-9 - Stanford Frances, (2003) Citizenship and Immigration : Becoming a Canadian S&S Learning Materials, ISBN 1-55035-746-8 External links - How to become a citizen - Full text of the Citizenship Act - CIC Citizenship Policy Manuals Law enforcement Law enforcement in Canada Law enforcement in Canada are public-sector police forces that are associated with and commissioned to the three levels of government: municipal (both lower and upper-tier), provincial, and federal. Most urban areas have been given the authority by the provinces to maintain their own police force. Some, such as the Toronto Police Service and the Service de police de la Ville de Montréal are commissioned to one particular city, Toronto and Montreal, respectively, while the Niagara Regional Police services all cities comprising the Regional Municipality of Niagara. All but two of Canada's provinces in turn, contract out their provincial law-enforcement responsibilities to the RCMP/GRC (Royal Canadian Mounted Police/Gendarmerie Royale du Canada; popularly known in English-speaking areas as the Mounties), the national police force, which is commissioned to the federal level of government. In addition, many First Nations Reserves have their own police forces established through agreements between the governing native band, province and the federal government. Police services Ontario, Quebec, and Newfoundland and Labrador maintain their own provincial police forces—the Ontario Provincial Police, Sûreté du Québec (Quebec Provincial Police) and Royal Newfoundland Constabulary. Smaller municipalities often contract police service from the provincial policing authority, while larger ones maintain their own forces. Newfoundland's provincial police force is only responsible for the province's larger urban areas (St. John's, Corner Brook and Labrador West); the province has contracted the RCMP/GRC to patrol the rest of the province. The other seven provinces and the three territories contract police services to the RCMP/GRC. It also serves as the local police in all areas outside of Ontario and Quebec that do not have an established local police force, mostly in rural areas. Thus, the RCMP/GRC is the only police force of any sort in some areas of the country. There are also a few private police forces with some of the powers usually reserved for governmental forces (as it relates to company property). The Canadian National Railway, Canadian Pacific Railway and Via Rail each have their own police force (CN Police, Canadian Pacific Police Service, and Via Rail Police¹ ² respectively). Any railway in Canada, under Federal jurisdiction, can request that a Superior Court judge appoint police officers under the Railway Safety Act.³ The duties of private railway police are to prevent crimes against the company and protection of goods, materials, and public rail transit being moved on their rail systems. They work to protect the public, rail personnel, and property owned or administered by the railways. The regular public police maintain authority and jurisdiction for all criminal offences, regardless of whether the offence occurs on public or private property. Some hospitals, universities, transit commissions, power authorities and other agencies employ special constables. The local police chief has statutory and Common Law authority and responsibility for the jurisdiction policed. The duties of private special constables are determined by their employers and have authorities limited by statutes under which they operate. All persons and companies have access to public police. Canadian Forces Military Police The Canadian Forces Military Police (CFMP) contribute to the effectiveness and readiness of the Canadian Forces (CF) and the Department of National Defence (DND) through the provision of professional police, security and operational support services worldwide.⁴ CFMP are classified as Peace Officers in the Criminal Code,⁵ which gives them powers similar to civilian law enforcement personnel to enforce some Acts of Parliament on or in relation to DND property or assets anywhere in the world. The National Defence Act does not bestow the authority to the Minister of Defence to appoint Police Officers. Section 156(1) of the National Defence Act does allow the Minister to confer Peace Officer Status to Specially Appointed Military Police Members. They have the power to arrest anyone who is subject to the Code of Service Discipline (CSD), regardless of position or rank under the National Defence Act (NDA). MP have the power to arrest and charge non-CSD bound civilians only in cases where a crime is committed on or in relation to DND property or assets, or at the request of the Minister of Public Safety, Commissioner of the Correctional Service of Canada or Commissioner of the Royal Canadian Mounted Police. Although MP jurisdiction is only on DND property across Canada and throughout the world, any civilian accessing these areas falls under MP jurisdiction and are dealt with in the same manner as any civilian policing agency. If in fact a crime is committed on or in relation to DND property or assets, MP has the power to arrest and charge the offender, military or civilian, under the Criminal Code. It is important to note though that the purpose of the CFMP is not to replace the job of a civilian police officer, but rather to support the Canadian Forces through security and internal policing services.⁶ ⁷ MP also have the power to enforce the Provincial Highway Traffic Act on military bases in Canada. Strength In 2011, there were 69,438 active/sworn police officers in Canada. This number was expected to exceed 70,000 by the end of 2012. Canadian police strength reached a peak in 1975, when there were 206 officers per 100,000 people. Although the current number reflects a significant rise in the total police strength in the country (the highest in twelve years after steady declines in the 1980s and 1990s), Canada still utilizes fewer police than Wales (262/ 100,000). Provincially, Saskatchewan had the highest number at 207 officers per 100,000, and the province has also held the national record for the highest crime rate since 1997. The lowest numbers were in Prince Edward Island, Newfoundland and Labrador and Alberta.⁹ The three territories, while having far fewer police officers in absolute terms, have around twice as many police officers per capita as do the provinces. The city of Toronto has been known as one of the safest major cities in North America, due to its low crime rate and homicide rate. Toronto's robbery rate also ranks low, with 207.1 robberies per 100,000 people, compared with Los Angeles (348.5), Vancouver (266.2), New York City (265.9), and Montreal (235.3). Police service ranks The Chief of Police is the title of the head of most Canadian police forces except for the Royal Canadian Mounted Police (Commissioner), Ontario Provincial Police (Commissioner), South Coast British Columbia Transportation Authority Police Service (Chief Officer), Vancouver Police Department (Chief Constable), West Vancouver Police Department (Chief Constable), and the Sûreté du Québec (Director General). Other typical ranks include: - Deputy Chief of Police - Chief Superintendent - Staff Superintendent (and Senior Staff Superintendent) - Superintendent - Staff Inspector - Inspector - Sergeant Major - Staff Sergeant - Sergeant (and Detective Sergeant) - Corporal (and Detective Corporal) - Senior Constable - Police Constable (and Detective Constable) + ranking also exists (i.e. 1st Class Constable, 2nd Class Constable, etc...) - Special Constable - Cadet/Recruit Use of force options In the 1990s, the majority of law enforcement agencies of Canada began wearing bulletproof vests and municipal police agencies started carrying semi-automatic handguns in the .40 S&W calibre cartridge. In terms of numbers of officers, and due to its use by the Royal Canadian Mounted Police, the most widely used weapon is the Smith & Wesson Model 5946 with hollow-point 9mm calibre ammunition. A large number of other agencies issue either a Glock or SIG Sauer handgun (most commonly in the law-enforcement popular .40 S&W caliber). These firearms replaced the aging .38 Special revolver. A police cruiser might carry a carbine rifle; or a shotgun capable of firing a variety of shotgun shells, including the less-lethal flexible baton round and rubber bullets. Other less-lethal weapons carried include conducted energy weapons, such as Tasers, pepper spray, and an expandable baton. In addition, the personal equipment of police officers typically includes: handcuffs, flashlight, portable radio, notebook, pens, a pair of disposable gloves and Kevlar gloves. See also - Canadian Association of Police Boards - List of law enforcement agencies in Canada - Crime in Canada - Terrorism in Canada - Law enforcement by country Notes [1] Rail Policing Security [2] VIAP Police Job Description [3] Railway Safety Act, RSC 1985, c 32 (4th Supp), s 44. [4] http://www.vcds-vcemd.forces.gc.ca/cfpm-gpfc/apm-agp/mv-eng.asp [5] Military Police and Reports on Persons in Custodydead [6] GOVERNANCE OF THE CANADIAN FORCES MILITARY POLICE (P.32) [7] Military Police Powers [8] "Police officers by level of policing, by province and territory, 2012" (PDF). Statistics Canada. Retrieved 2014-03-03. [9] "Police personnel and expenditures". Statistics Canada. Retrieved 2008-03-26. Military and foreign relations Military history of Canada The military history of Canada comprises hundreds of years of armed actions in the territory encompassing modern Canada, and interventions by the Canadian military in conflicts and peacekeeping worldwide. For thousands of years, the area that would become Canada was the site of sporadic intertribal conflicts among Aboriginal peoples. Beginning in the 17th and 18th centuries, Canada was the site of four colonial wars and two additional wars in Nova Scotia and Acadia between New France and New England; the conflicts spanned almost seventy years, as each allied with various First Nation groups. In 1763, after the final colonial war—the Seven Years' War—the British emerged victorious and the French civilians, whom the British hoped to assimilate, were declared "British Subjects". After the passing of the Quebec Act in 1774, giving the Canadians their first charter of rights under the new regime, the northern colonies chose not to join the American Revolution and remained loyal to the British crown. The Americans launched invasions in 1775 and 1812. On both occasions, the Americans were rebuffed by Canadian forces; however, this threat would remain well into the 19th century and partially facilitated Canadian Confederation in 1867. After Confederation, and amid much controversy, a full-fledged Canadian military was created. Canada, however, remained a British dominion, and Canadian forces joined their British counterparts in the Second Boer War and the First World War. While independence followed the Statute of Westminster, Canada's links to Britain remained strong, and the British once again had the support of Canadians during the Second World War. Since then, Canada has been committed to multilateralism and has gone to war within large multinational coalitions such as in the Korean War, the Gulf War, the Kosovo War, and the Afghan war. Canada has also played an important role in United Nations peacekeeping operations worldwide and has cumulatively committed more troops than any other country. Aboriginals The causes of aboriginal warfare tended to be over tribal independence, resources, and personal and tribal honour—revenge for perceived wrongs committed against oneself or tribe.¹ Before European colonization, aboriginal warfare tended to be formal and ritualistic, and entailed relatively few casualties.² There is also some evidence of much more violent warfare, even the complete genocide of some First Nations groups by others, such as the total displacement of the Dorset culture of Newfoundland by the Beothuk.³ Warfare was also common among indigenous peoples of the Subarctic with sufficient population density.⁴ Inuit groups of the northern Arctic extremes generally did not engage in direct warfare, primarily because of their small populations, relying instead on traditional law to resolve conflicts.⁵ Those captured in fights were not always killed; tribes often adopted captives to replace warriors lost during raids and battles,⁶ and captives were also used for prisoner exchanges.⁷ ⁸ Slavery was hereditary, the slaves being prisoners of war and their descendants.⁸ Slave-owning tribes of the fishing societies, such as the Tlingit and Haida, lived along the coast from what is now Alaska to California.⁹ Among indigenous peoples of the Pacific Northwest Coast, about a quarter of the population were slaves.⁸ The first conflicts between Europeans and aboriginal peoples may have occurred around 1000 CE, when parties of Norsemen attempted to establish permanent settlements along the northeastern coast of North America (see L'Anse aux Meadows).¹⁰ According to Norse sagas, the skraelings of Vinland responded so ferociously that the newcomers eventually withdrew and gave up their plans to settle the area.¹¹ Prior to French settlements in the St. Lawrence River valley, the local Iroquoian peoples were almost completely displaced, probably because of warfare with their neighbours the Algonquin.¹² The Iroquois League was established prior to major European contact. Most archaeologists and anthropologists believe that the League was formed sometime between 1450 and 1600.¹³ Existing aboriginal alliances would become important to the colonial powers in the struggle for North American hegemony during the 17th and 18th centuries.¹⁴ After European arrival, fighting between aboriginal groups tended to be bloodier and more decisive, especially as tribes became caught up in the economic and military rivalries of the European settlers. By the end of the 17th century, First Nations from the northeastern woodlands, eastern subarctic and the Métis (a people of joint First Nations and European descent¹⁵ ) had rapidly adopted the use of firearms, supplanting the traditional bow.¹⁶ The adoption of firearms significantly increased the number of fatalities.¹⁷ The bloodshed during conflicts was also dramatically increased by the uneven distribution of firearms and horses among competing aboriginal groups.¹⁸ 17th century Two years after the French founded Port Royal (see also Port-Royal (Acadia) and Annapolis Royal) in 1605, the English began their first settlement, at Jamestown, Virginia, to the south.¹⁹ By 1706, the French population was around 16,000 and grew slowly due to a multitude of factors.²⁰ ²¹ ²² This lack of immigration resulted in New France having one-tenth of the British population of the Thirteen Colonies by the mid 1700s.²³ La Salle's explorations had given France a claim to the Mississippi River valley, where fur trappers and a few colonists set up scattered settlements.²⁴ The colonies of New France: Acadia on the Bay of Fundy and Canada on the St. Lawrence River were based primarily on the fur trade and had only lukewarm support from the French monarchy.²⁵ The colonies of New France grew slowly given the difficult geographical and climatic circumstances.²⁶ The more favourably located New England Colonies to the south developed a diversified economy and flourished from immigration.²⁷ From 1670, through the Hudson's Bay Company, the English also laid claim to Hudson Bay and its drainage basin (known as Rupert's Land), and operated fishing settlements in Newfoundland.²⁸ The early military of New France consisted of a mix of regular soldiers from the French Army (Carignan-Salières Regiment) and French Navy (Troupes de la marine and Compagnies Franches de la Marine) supported by small local volunteer militia units (Colonial militia).²⁹ Most early troops were sent from France, but localization after the growth of the colony meant that, by the 1690s, many were volunteers from the settlers of New France, and by the 1750s most troops were descendants of the original French inhabitants.³⁰ Additionally, many of the early troops and officers who were born in France remained in the colony after their service ended, contributing to generational service and a military elite.³⁰ ³¹ The French built a series of forts from Newfoundland to Louisiana and others captured from the British during the 1600s to the late 1700s.³² Some were a mix of military post and trading forts.³² French and Iroquois Wars Main article: Beaver Wars The Beaver Wars (also known as the French and Iroquois Wars) continued intermittently for nearly a century, ending with the Great Peace of Montreal in 1701.³³ The French under Pierre Dugua, Sieur de Mons founded settlements at Port Royal and Samuel de Champlain three years later at Quebec City, quickly joining pre-existing aboriginal alliances that brought them into conflict with other indigenous inhabitants.³⁴ Champlain joined a Huron-Algonquin alliance against the Iroquois Confederacy (Five/Six Nations).³⁵ In the first battle, superior French firepower rapidly dispersed a massed groups of aboriginals. The Iroquois changed tactics by integrating their hunting skills and intimate knowledge of the terrain with their use of firearms obtained from the Dutch;³⁶ they developed a highly effective form of guerrilla warfare, and were soon a significant threat to all but the handful of fortified cities. Furthermore, the French gave few guns to their aboriginal allies.³⁷ For the first century of the colony's existence, the chief threat to the inhabitants of New France came from the Iroquois Confederacy, and particularly from the eastern-most Mohawks.³⁸ While the majority of tribes in the region were allies of the French, the tribes of the Iroquois confederacy were aligned first with the Dutch colonizers, then the British.³⁹ In response to the Iroquois threat, the French government dispatched the Carignan-Salières Regiment, the first group of uniformed professional soldiers to set foot on what is today Canadian soil.⁴⁰ After peace was attained, this regiment was disbanded in Canada. The soldiers settled in the St. Lawrence valley and, in the late 17th century, formed the core of the Compagnies Franches de la Marine, the local militia. Later militias were developed on the larger seigneuries land systems.⁴¹ Civil War in Acadia Main article: Acadian Civil War In the mid-17th century, Acadia was plunged into what some historians have described as a civil war.⁴² The war was between Port Royal, where Governor of Acadia Charles de Menou d'Aulnay de Charnisay was stationed, and present-day Saint John, New Brunswick, home of Governor Charles de Saint-Étienne de la Tour.⁴³ During the conflict, there were four major battles. La Tour attacked d'Aulnay at Port Royal in 1640.⁴⁴ In response to the attack, d'Aulnay sailed out of Port Royal to establish a five-month blockade of La Tour's fort at Saint John, which La Tour eventually defeated in 1643.⁴⁵ La Tour attacked d'Aulnay again at Port Royal in 1643;⁴⁵ d'Aulnay and Port Royal ultimately won the war against La Tour with the 1645 siege of Saint John.⁴⁶ However, after d'Aulnay died in 1650, La Tour re-established himself in Acadia.⁴⁵ King William's War Main article: King William's War During King William's War (1689–1697), the next most serious threat to Quebec in the 17th century came in 1690 when, alarmed by the attacks of the petite guerre,⁴⁷ the New England colonies sent an armed expedition north, under Sir William Phips, to capture Quebec itself.⁴⁸ This expedition was poorly organized and had little time to achieve its objective, having arrived in mid-October, shortly before the St. Lawrence would freeze over.⁴⁸ The expedition was responsible for eliciting one of the most famous pronouncements in Canadian military history. When called on by Phips to surrender, the aged Governor Frontenac replied, "I will answer ... only with the mouths of my cannon and the shots of my muskets."⁴⁹ After a single abortive landing on the Beauport shore to the east of Quebec City, the English force withdrew down the icy waters of the St. Lawrence.⁵⁰ During the war, the military conflicts in Acadia included: Battle at Chedabucto (Guysborough); Battle of Port Royal (1690); a naval battle in the Bay of Fundy (Action of 14 July 1696); Raid on Chignecto (1696) and Siege of Fort Nashwaak (1696).⁵¹ The Maliseet from their headquarters at Meductic on the Saint John River participated in numerous raids and battles against New England during the war.⁵² In 1695, Pierre Le Moyne d'Iberville was called upon to attack the English stations along the Atlantic coast of Newfoundland in the Avalon Peninsula Campaign.⁵³ Iberville sailed with his three vessels to Placentia (Plaisance), the French capital of Newfoundland. Both English and French fishermen exploited the Grand Banks fishery from their respective settlements on Newfoundland under the sanction of a 1687 treaty, but the purpose of the new French expedition of 1696 was nevertheless to expel the English from Newfoundland.⁵⁴ After setting fire to St John's, Iberville's Canadians almost totally destroyed the English fisheries along the eastern shore of Newfoundland.⁵⁵ Small raiding parties attacked the hamlets in remote bays and inlets, burning, looting, and taking prisoners.⁵⁵ By the end of March 1697, only Bonavista and Carbonear remained in English hands. In four months of raids, Iberville was responsible for the destruction of 36 settlements.⁵⁶ At the end of the war England returned the territory to France in the Treaty of Ryswick.⁵⁷ 18th century During the 18th century, the British–French struggle in Canada intensified as the rivalry worsened in Europe.⁵⁸ The French government poured more and more military spending into its North American colonies. Expensive garrisons were maintained at distant fur trading posts, the fortifications of Quebec City were improved and augmented, and a new fortified town was built on the east coast of Île Royale, or Cape Breton Island—the fortress of Louisbourg, called "Gibraltar of the North" or the "Dunkirk of America."⁵⁹ New France and New England were at war with one another three times during the 18th century .⁵⁸ The second and third colonial wars, Queen Anne's War and King George's War, were local offshoots of larger European conflicts—the War of the Spanish Succession (1702–13), the War of the Austrian Succession (1744–48). The last, the French and Indian War (Seven Years' War), started in the Ohio Valley. The petite guerre of the Canadiens devastated the northern towns and villages of New England, sometimes reaching as far south as Virginia.⁶⁰ The war also spread to the forts along the Hudson Bay shore.⁶¹ Queen Anne's War Main article: Queen Anne's War During Queen Anne's War (1702–1713), the British conquered Acadia when a British force managed to capture Port-Royal (see also Annapolis Royal), the capital of Acadia in present-day Nova Scotia, in 1710.⁶² As a result, France was forced to cede control of mainland Nova Scotia to Britain in the Treaty of Utrecht (1713), leaving present-day New Brunswick as disputed territory and Île-St. Jean (Prince Edward Island), and Île-Royale (present day Cape Breton Island) in the hands of the French. British possession of Hudson Bay was guaranteed by the same treaty.⁶³ During Queen Anne's War, military conflicts in Nova Scotia included the Raid on Grand Pre, the Siege of Port Royal (1707), the Siege of Port Royal (1710) and the Battle of Bloody Creek (1711).⁶⁴ Father Rale's War Main article: Father Rale's War During the escalation that preceded Father Rale's War (also known as Dummer's War), the Mi'kmaq raided the new fort at Canso (1720). Under potential siege, in May 1722 Lieutenant Governor John Doucett took 22 Mi'kmaq hostage at Annapolis Royal to prevent the capital from being attacked.⁶⁵ In July 1722, the Abenaki and Mi'kmaq created a blockade of Annapolis Royal with the intent of starving the capital.⁶⁶ The Mi'kmaq captured 18 fishing vessels and prisoners in the area stretching from present-day Yarmouth to Canso.⁶⁷ As a result of the escalating conflict, Massachusetts Governor Samuel Shute officially declared war on the Abenaki on July 22, 1722.⁶⁸ Early operations of Father Rale's War happened in the Nova Scotia theatre.⁶⁹ ⁷⁰ In July 1724, a group of sixty Mi'kmaq and Maliseets raided Annapolis Royal.⁷¹ The treaty that ended the war marked a significant shift in European relations with the Mi'kmaq and Maliseet. For the first time, a European empire formally acknowledged that its dominion over Nova Scotia would have to be negotiated with the region's indigenous inhabitants. The treaty was invoked as recently as 1999 in the Donald Marshall case.⁷² King George's War Main article: King George's War During King George's War, also called the War of the Austrian Succession (1744–1748), a force of New England militia under William Pepperell and Commodore Peter Warren of the Royal Navy succeeded in capturing Louisbourg in 1745.⁷³ By the Treaty of Aix-la-Chapelle that ended the war in 1748, France resumed control of Louisbourg in exchange for some of its conquests in the Netherlands and India. The New Englanders were outraged, and as a counterweight to the continuing French strength at Louisbourg, the British founded the military settlement of Halifax in 1749.⁷⁴ During King George's War, military conflicts in Nova Scotia included: Raid on Canso; Siege of Annapolis Royal (1744); the Siege of Louisbourg (1745); the Duc d'Anville Expedition and the Battle of Grand Pré.⁷⁵ Father Le Loutre's War Main article: Father Le Loutre's War Father Le Loutre's War (1749–1755) was fought in Acadia and Nova Scotia by the British and New Englanders, primarily under the leadership of the New England Ranger John Gorham and the British officer Charles Lawrence,⁷⁶ against the Mi'kmaq and Acadians, who were led by French priest Jean-Louis Le Loutre.⁷⁷ The war began with the British unilaterally establishing Halifax, which was a violation of an earlier treaty with the Mi'kmaq (1726), which was signed after Father Rale's War. As a result, Acadians and Mi'kmaqs orchestrated attacks at Chignecto, Grand-Pré, Dartmouth, Canso, Halifax and Country Harbour.⁷⁸ The French erected forts at present-day Saint John, Chignecto and Fort Gaspareaux. The British responded by attacking the Mi'kmaq and Acadians at Mirligueche (later known as Lunenburg), Chignecto and St. Croix.⁷⁹ The British also unilaterally established communities in Lunenburg and Lawrencetown. Finally, the British erected forts in Acadian communities at Windsor, Grand-Pré and Chignecto.⁸⁰ Throughout the war, the Mi'kmaq and Acadians attacked the British fortifications of Nova Scotia and the newly established Protestant settlements. They wanted to retard British settlement and buy time for France to implement its Acadian resettlement scheme.⁸¹ The war ended after six years with the defeat of the Mi'kmaq, Acadians and French in the Battle of Fort Beauséjour.⁸⁰ During this war, Atlantic Canada witnessed more population movements, more fortification construction, and more troop allocations than ever before in the region.⁷⁷ The Acadians and Mi'kmaq left Nova Scotia during the Acadian Exodus for the French colonies of Île Saint-Jean (Prince Edward Island) and Île Royale (Cape Breton Island).⁸² French and Indian War Main article: French and Indian War, the name given to the fourth conflict of the "French and Indian Wars" The fourth and final colonial war of the 18th century was the French and Indian War (1754–1763). The British sought to neutralize any potential military threat and to interrupt the vital supply lines to Louisbourg by deporting the Acadians.⁸³ The British began the Expulsion of the Acadians with the Bay of Fundy Campaign (1755). During the next nine years, over 12,000 Acadians were removed from Nova Scotia.⁸⁴ In the maritime theatre, conflicts included: Battle of Fort Beauséjour; Bay of Fundy Campaign (1755); the Battle of Petitcodiac; the Raid on Lunenburg (1756); the Louisbourg Expedition (1757); Battle of Bloody Creek (1757); Siege of Louisbourg (1758), Petitcodiac River Campaign, Gulf of St. Lawrence Campaign (1758), St. John River Campaign, and Battle of Restigouche.⁸⁵ In the St. Lawrence and Mohawk theatres of the conflict, the French had begun to challenge the claims of Anglo-American traders and land speculators for supremacy in the Ohio Country to the west of the Appalachian Mountains—land that was claimed by some of the British colonies in their royal charters. In 1753, the French started the military occupation of the Ohio Country by building a series of forts.⁸⁶ In 1755, the British sent two regiments to North America to drive the French from these forts, but these were destroyed by French Canadians and First Nations as they approached Fort Duquesne.⁸⁷ War was formally declared in 1756, and six French regiments of troupes de terre, or line infantry, came under the command of a newly arrived general, 44-year-old Marquis de Montcalm.⁸⁸ Under their new commander, the French at first achieved a number of startling victories over the British, first at Fort William Henry to the south of Lake Champlain.⁸⁹ The following year saw an even greater victory when the British army—numbering about 15,000 under Major General James Abercrombie—was defeated in its attack on a French fortification at the Carillon.⁹⁰ In June 1758, a British force of 13,000 regulars under Major General Jeffrey Amherst, with James Wolfe as one of his brigadiers, landed and permanently captured the Fortress of Louisbourg.⁹¹ Wolfe decided the next year to attempt the capture of Quebec City. After several botched landing attempts, including particularly bloody defeats at the Battle of Beauport and the Battle of Montmorency Camp, Wolfe succeeded in getting his army ashore, forming ranks on the Plains of Abraham on September 12.⁹² Montcalm, against the better judgment of his officers, came out with a numerically inferior force to meet the British. In the ensuing battle, Wolfe was killed, Montcalm mortally wounded, and 658 British and 644 French became casualties.⁹³ However, in the spring of 1760, the last French General, François Gaston de Lévis, marched back to Quebec from Montreal and defeated the British at the Battle of Sainte-Foy in a battle similar to that of the previous year; now the situation was reversed, with the French laying siege to the Quebec fortifications behind which the British retreated.⁹⁴ However, the French were finally forced to concede, losing almost all of their North American possessions.⁹⁵ The French formally withdrew from much of North America in 1763 when they signed the Treaty of Paris. American Revolutionary War Main article: Invasion of Canada (1775) With the French threat eliminated, Britain's American colonies became increasingly restive; they resented paying taxes to support a large military establishment when there was no obvious enemy.⁹⁶ This resentment was augmented by further suspicions of British motives when the Ohio Valley and other western territories previously claimed by France were not annexed to the existing British colonies, especially Pennsylvania and Virginia, which had long-standing claims to the region. Instead, under the Quebec Act, this territory was set aside for the First Nations. The American Revolutionary War (1776–1783) saw the revolutionaries use force to break free from British rule and claim these western lands.⁹⁷ American forces took Montreal and the chain of forts in the Richelieu Valley, but attempts by the revolutionaries to take Quebec City were repelled.⁹⁸ During this time, most French Canadians stayed neutral.⁹⁹ Throughout the war, American privateers devastated the maritime economy by raiding many of the coastal communities.¹⁰⁰ There were constant attacks by American and French privateers, such as the Raid on Lunenburg (1782), numerous raids on Liverpool, Nova Scotia (October 1776, March 1777, September 1777, May 1778, September 1780) and a raid on Annapolis Royal, Nova Scotia (1781).¹⁰¹ Privateers also raided Canso in 1775, returning in 1779 to destroy the fisheries.¹⁰² To guard against such attacks, the 84th Regiment of Foot (Royal Highland Emigrants) was garrisoned at forts around Atlantic Canada. Fort Edward (Nova Scotia) in Windsor became the headquarters to prevent a possible American land assault on Halifax from the Bay of Fundy. There was an American attack on Nova Scotia by land, the Battle of Fort Cumberland followed by the Siege of Saint John (1777).¹⁰³ During the war, American privateers captured 225 vessels either leaving or arriving at Nova Scotia ports.¹⁰⁴ In 1781, for example, as a result of the Franco-American alliance against Great Britain, there was a naval engagement with a French fleet at Sydney, Nova Scotia, near Spanish River, Cape Breton.¹⁰⁵ The British captured numerous American privateers, particularly in the naval battle off Halifax. The Royal Navy used Halifax as a base from which to launch attacks on New England, such as the Battle of Machias (1777).¹⁰⁶ The revolutionaries' failure to achieve success in what is now Canada, and the continuing allegiance to Britain of some colonists, resulted in the split of Britain's North American empire.¹⁰⁷ Many Americans who remained loyal to the Crown, known as the United Empire Loyalists, moved north, greatly expanding the English-speaking population of what became known as British North America.¹⁰⁸ ¹⁰⁹ The independent republic of the United States emerged to the south.¹⁰⁸ 19th century War of 1812 Main articles: War of 1812 and Canadian Units of the War of 1812 After the cessation of hostilities at the end of the American Revolution, animosity and suspicion continued between the United States and the United Kingdom,¹¹⁰ erupting in 1812 when the Americans declared war on the British. Among the reasons for the war was British harassment of US ships (including impressment of American seamen into the Royal Navy), a byproduct of British involvement in the ongoing Napoleonic Wars. The Americans did not possess a navy capable of challenging the Royal Navy, and so an invasion of Canada was proposed as the only feasible means of attacking the British Empire.¹¹⁰ Americans on the western frontier also hoped an invasion would not only bring an end to British support of aboriginal resistance to the westward expansion of the United States, but also finalize their claim to the western territories.¹¹⁰ After the Americans launched an invasion in July 1812,¹¹⁰ the war raged back and forth along the border of Upper Canada, on land as well as on the waters of the Great Lakes. The British succeeded in capturing Detroit in July, and again in October. On July 12, US General William Hull invaded Canada at Sandwich (later known as Windsor).¹¹¹ The invasion was quickly halted and Hull withdrew, giving General Isaac Brock the excuse he needed to abandon his previous orders and advance on Detroit, securing Shawnee chief Tecumseh's aid to do so.¹¹² At this point, even with his aboriginal allies, Brock was outnumbered approximately two to one.¹¹³ However, Brock had gauged Hull as a timid man, and particularly as being afraid of Tecumseh's confederacy; he was thus able to convince Hull to surrender.¹¹⁴ The defeat of Detroit was utter and complete.¹¹⁵ A major American thrust across the Niagara frontier was defeated at the Battle of Queenston Heights, where Sir Isaac Brock lost his life.¹¹⁶ In 1813, the US retook Detroit and had a string of successes along the western end of Lake Erie, culminating in the Battle of Lake Erie (September 10) and the Battle of Moraviantown or Battle of the Thames on October 5.¹¹⁸ The naval battle secured US dominance of lakes Erie and Huron. At Moraviantown, the British lost one of their key commanders, Tecumseh.¹¹⁹ Further east, the Americans succeeded in capturing and burning York (later Toronto) and taking Fort George at Niagara, which they held until the end of the year. However, in the same year, two American thrusts against Montreal were defeated—one by a force of mostly British regulars at the Battle of Crysler's Farm southwest of the city on the St. Lawrence; the other, by a force of mostly French Canadian regular and militia units under the command of Charles de Salaberry, to the south of the city at the Battle of Châteauguay.¹²⁰ After the capture of Washington, DC, in September at the Battle of Bladensburg,¹²¹ the British troops burned down the White House and other government buildings, only to be repulsed as they moved north for the Battle of Baltimore, while the forces attacking during the Battle of New Orleans were routed after suffering severe casualties.¹²² During the War of 1812, Nova Scotia's contribution to the war effort was made by communities either purchasing or building various privateer ships to lay siege to American vessels.¹²³ Three members of the community of Lunenburg, Nova Scotia purchased a privateer schooner and named it Lunenburg on August 8, 1814.¹²⁴ The vessel captured seven American vessels. The Liverpool Packet from Liverpool, Nova Scotia, another privateer vessel, is credited with having captured fifty ships during the conflict.¹²⁵ Perhaps the most dramatic moment in the war for Nova Scotia was HMS Shannon's leading the captured American frigate USS Chesapeake into Halifax Harbour (1813).¹²⁶ Many of the captives were imprisoned and died at Deadman's Island, Halifax.¹²⁷ In December 1814, the two opponents signed a peace treaty; it was ratified and went into effect in February 1815. The treaty restored the borders that had existed before the war. Sir Isaac Brock became a martyred Canadian hero despite his British roots.¹²⁸ The successful defence of Canada relied on Canadian militia, British regular troops (including "Fencible" units recruited within North America), the Royal Navy and aboriginal allies.¹²⁹ Neither side of the war can claim total victory.¹³⁰ Historians agree that the Native Americans were the main losers of the war. The British dropped plans to create a neutral Indian state in the Midwest, and the coalition that Tecumseh had built fell apart with his death in 1813. The Natives no longer represented a major threat to westward expansion of the American frontier.¹³¹ Construction of Defences The fear that the Americans might again attempt to conquer Canada remained a serious concern for at least the next half century, and was the chief reason for the retention of a large British garrison in the colony.¹³² From the 1820s to the 1840s, there was extensive construction of fortifications, as the British attempted to create strong points around which defending forces might centre in the event of an American invasion; these include the Citadels at Quebec City and Halifax, and Fort Henry in Kingston.¹³² The Rideau Canal was built to allow ships in wartime to travel a more northerly route from Montreal to Kingston;¹³³ the customary peacetime route was the St. Lawrence River, which constituted the northern edge of the American border, and thus was vulnerable to enemy attack and interference.¹³³ 1837 Rebellions One of the most important actions by the British forces and Canadian Militia during this period was the putting down of the Rebellions of 1837.¹³⁴ The Upper Canada Rebellion was quickly and decisively defeated by the British forces and Canadian Militia.¹³⁵ Attacks the next year by Hunters' Lodges, US irregulars who expected to be paid in Canadian land, were crushed in 1838 in the Battle of Pelee Island and the Battle of the Windmill. The Lower Canada Rebellion was a greater threat to the British, and the rebels were victorious at the Battle of St. Denis on November 23, 1837.¹³⁶ Two days later, the rebels were defeated at the Battle of Saint-Charles, and on December 14, they were finally routed at the Battle of Saint-Eustache.¹³⁷ British withdrawal By the 1850s, fears of an American invasion had begun to diminish, and the British felt able to start reducing the size of their garrison. The Reciprocity Treaty, negotiated between Canada and the United States in 1854, further helped to alleviate concerns.¹³⁸ However, tensions picked up again during the American Civil War (1861–65), reaching a peak with the Trent Affair of late 1861 and early 1862,¹³⁹ touched off when the captain of a US gunboat stopped the RMS Trent and removed two Confederate officials who were bound for Britain. The British government was outraged and, with war appearing imminent, took steps to reinforce its North American garrison, increasing it from a strength of 4,000 to 18,000.¹³⁹ However, war was averted and the sense of crisis subsided. This incident proved to be the final major episode of Anglo-American military confrontation in North America, as both sides increasingly became persuaded of the benefits of amicable relations. At the same time, many Canadians went south to fight in the Civil War, with most joining the Union side, although some were sympathetic toward the Confederacy.¹⁴⁰ Britain was at that time becoming concerned with military threats closer to home and disgruntled at paying to maintain a garrison in colonies that, after 1867, were united in the self-governing Dominion of Canada.¹⁴¹ Consequently, in 1871, the troops of the British garrison were withdrawn from Canada completely, save for Halifax and Esquimalt, where British garrisons remained in place purely for reasons of imperial strategy.¹⁴² Crimean War Nova Scotians fought in the Crimean War. The Welsford-Parker Monument in Halifax is the second oldest war monument in Canada (1860) (the Montcalm-Woffe Monument in Quebec City was erected in 1828) and the only Crimean War monument in North America.¹⁴³ It commemorates the Siege of Sevastopol (1854–1855). The first Canadian Victoria Cross recipient, Alexander Roberts Dunn, served in the war.¹⁴⁴ Indian Rebellion During the Indian Rebellion of 1857, William Nelson Hall, a descendant of former American slaves from Maryland, was the first black Canadian and first black Nova Scotian, to receive the Victoria Cross.¹⁴⁵ He received the medal for his actions in the Siege of Lucknow.¹⁴⁶ Fenian raids Main article: Fenian raids It was during the period of re-examination of the British military presence in Canada and its ultimate withdrawal that the last invasion of Canada occurred. It was not carried out by any official US government force, but by an organization called the Fenians.¹⁴⁷ The Fenian raids (1866–1871) were carried out by groups of Irish Americans, mostly Union Army veterans from the American Civil War who believed that by seizing Canada, concessions could be wrung from the British government regarding their policy in Ireland.¹⁴⁷ The Fenians had also incorrectly assumed that Irish Canadians, who were quite numerous in Canada, would support their invasive efforts both politically and militarily. However, most Irish settlers in Upper Canada at that time were Protestant, and for the most part loyal to the British Crown.¹⁴⁷ After the events of the Civil War, anti-British sentiment was high in the United States.¹⁴⁸ British-built Confederate warships had wreaked havoc on US commerce during the war. Irish-Americans were a large and politically important constituency, particularly in parts of the Northeastern States, and a large number of Irish American regiments had participated in the war. Thus, while deeply concerned about the Fenians, the US government, led by Secretary of State William H. Seward,¹⁴⁹ generally ignored their efforts: the Fenians were allowed to openly organize and arm themselves, and were even able to recruit in Union Army camps.¹⁵⁰ The Americans were not prepared to risk war with Britain and intervened when the Fenians threatened to endanger American neutrality.¹⁵¹ The Fenians were a serious threat to Canada, as being veterans of the Union Army they were well-armed.¹⁵² Despite failures, the raids had some impact on Canadian politicians who were then locked in negotiations leading up to the Confederation agreement of 1867.¹⁵³ Canadian militia See also: Canadian Militia With Confederation in place and the British garrison gone, Canada assumed full responsibility for its own defence; it passed the Militia Act in 1868, though Britain undertook to send aid in the event of a serious emergency and the Royal Navy continued to provide maritime defence.¹⁵⁴ Small professional batteries of artillery were established at Quebec City and Kingston.¹⁵⁵ In 1883, a third battery of artillery was added, and small cavalry and infantry schools were created.¹⁵⁵ These were intended to provide the professional backbone of the Permanent Active Militia that was to form the bulk of the Canadian defence effort. In theory, every able-bodied man between the ages of 18 and 60 was liable to be conscripted for service in the permanent militia, but in practice, the defence of the country rested on the services of volunteers who made up the Non-Permanent Active Militia.¹⁵⁶ ¹⁵⁷ The most important early tests of the militia were expeditions against the rebel forces of Louis Riel in the Canadian west. The Wolseley Expedition, containing a mix of British and militia forces, restored order after the Red River Rebellion in 1870.¹⁵⁸ The North-West Rebellion in 1885 saw the largest military effort undertaken on Canadian soil since the end of the War of 1812:¹⁵⁹ a series of battles between the Métis and their First Nations allies on one side against the Militia and North-West Mounted Police on the other.¹⁵⁹ The government forces ultimately emerged victorious despite having suffered a number of early defeats and reversals at the Battle of Duck Lake, the Battle of Fish Creek and the Battle of Cut Knife Hill.¹⁶⁰ Outnumbered and out of ammunition, the Métis portion of the North-West Rebellion collapsed with the siege and Battle of Batoche.¹⁶¹ The Battle of Loon Lake, which ended this conflict, is notable as the last battle to have been fought on Canadian soil. Government losses during the North-West Rebellion amounted to 58 killed and 93 wounded.¹⁶² In 1884, Britain for the first time asked Canada for aid in defending the empire, requesting experienced boatmen to help rescue Major-General Charles Gordon from the Mahdi uprising in the Sudan.¹⁶³ However, the government was reluctant to comply, and eventually Governor General Lord Lansdowne recruited a private force of 386 Voyageurs who were placed under the command of Canadian Militia officers.¹⁶⁴ This force, known as the Nile Voyageurs, served in the Sudan and became the first Canadian force to serve abroad.¹⁶⁵ Sixteen Voyageurs died during the campaign.¹⁶⁵ 20th century Boer War The issue of Canadian military assistance for Britain arose again during the Second Boer War (1899–1902) in South Africa.¹⁶⁶ The British asked for Canadian help in the conflict, and the Conservative Party was adamantly in favour of raising 8,000 troops for service in South Africa.¹⁶⁷ English Canadian opinion was also overwhelmingly in favour of active Canadian participation in the war.¹⁶⁸ However, French Canadians almost universally opposed the war, as did several other groups.¹⁶⁸ This split the governing Liberal Party deeply, as it relied on both pro-imperial Anglo-Canadians and anti-imperial Franco-Canadians for support. Prime Minister Sir Wilfrid Laurier initially sent 1,000 soldiers of the 2nd (Special Service) Battalion of the Royal Canadian Regiment of Infantry.¹⁶⁹ Later, other contingents were sent, including the privately raised Strathcona's Horse.¹⁷⁰ The Canadian forces missed the early period of the war and the great British defeats of Black Week. The Canadians in South Africa won much acclaim for leading the charge at the Second Battle of Paardeberg, one of the first decisive victories of the war.¹⁷¹ At the Battle of Leliefontein on November 7, 1900, three Canadians, Lieutenant Turner, Lieutenant Cockburn, Sergeant Holland and Arthur Richardson of the Royal Canadian Dragoons were awarded the Victoria Cross for protecting the rear of a retreating force.¹⁷² Ultimately, over 8,600 Canadians volunteered to fight.¹⁷³ Lieutenant Harold Lothrop Borden, however, became the most famous Canadian casualty of the Second Boer War.¹⁷⁴ About 7,400 Canadians,¹⁷⁵ including many female nurses, served in South Africa.¹⁷⁶ Of these, 224 died, 252 were wounded, and several were decorated with the Victoria Cross.¹⁷⁷ Canadian forces also participated in the British-led concentration camp programs that resulted in the deaths of thousands of Boer civilians.¹⁷⁸ Creation of a Canadian army Main article: History of the Canadian Army From 1763 to prior to the Confederation of Canada in 1867, the British Army provided the main defence of Canada, although many Canadians served with the British in various conflicts.¹⁷⁹ As British troops began to leave Canada in the late 19th and early 20th centuries, the importance of the Militia (comprising various cavalry, artillery, infantry and engineer units) became more pronounced. Shortly after Canada entered the Second Boer War, a debate developed over whether or not Canada should have its own army.¹⁸⁰ As a result, the last Officer Commanding the Forces (Canada), Lord Dundonald, instituted a series of reforms in which Canada gained its own technical and support branches.¹⁸¹ In 1904, the Officer Commanding the Forces was replaced with a Canadian Chief of the General Staff. The new various "corps" included the Engineer Corps (1903), Signalling Corps (1903), Service Corps (1903), Ordnance Stores Corps (1903), Corps of Guides (1903), Medical Corps (1904), Staff Clerks (1905), and Army Pay Corps (1906).¹⁸² Additional corps would be created in the years before and during the First World War, including the first separate military dental corps.¹⁸³ Creation of a Canadian navy Main article: History of the Royal Canadian Navy Canada had long had a small fishing protection force attached to the Department of Marine and Fisheries, but relied on Britain for maritime protection. Britain was increasingly engaged in an arms race with Germany, and in 1908, asked the colonies for help with the navy.¹⁸⁴ The Conservative Party argued that Canada should merely contribute money to the purchase and upkeep of some British Royal Navy vessels.¹⁸⁴ Some French-Canadian nationalists felt that no aid should be sent; others advocated an independent Canadian navy that could aid the British in times of need.¹⁸⁴ Eventually, Prime Minister Laurier decided to follow this compromise position, and the Canadian Naval Service was created in 1910 and designated as the Royal Canadian Navy in August 1911.¹⁸⁵ To appease imperialists, the Naval Service Act included a provision that in case of emergency, the fleet could be turned over to the British.¹⁸⁶ This provision led to the strenuous opposition to the bill by Quebec nationalist Henri Bourassa.¹⁸⁷ The bill set a goal of building a navy composed of five cruisers and six destroyers.¹⁸⁷ The first two ships were Niobe and Rainbow, somewhat aged and outdated vessels purchased from the British.¹⁸⁸ With the election of the Conservatives in 1911, in part because the Liberals had lost support in Quebec, the navy was starved for funds, but it was greatly expanded during the First World War.¹⁸⁹ First World War Main article: Military history of Canada during World War I On August 4, 1914, Britain entered the First World War (1914–1918) by declaring war on Germany. The British declaration of war automatically brought Canada into the war, because of Canada's legal status as subservient to Britain.¹⁹⁰ However, the Canadian government had the freedom to determine the country's level of involvement in the war.¹⁹⁰ The Militia was not mobilized and instead an independent Canadian Expeditionary Force was raised.¹⁹¹ The highpoints of Canadian military achievement during the First World War came during the Somme, Vimy, and Passchendaele battles and what later became known as "Canada's Hundred Days".¹⁹² The Canadian Corps was formed from the Canadian Expeditionary Force in September 1915 after the arrival of the 2nd Canadian Division in France.¹⁹³ The corps was expanded by the addition of the 3rd Canadian Division in December 1915 and the 4th Canadian Division in August 1916.¹⁹³ The organization of a 5th Canadian Division began in February 1917, but it was still not fully formed when it was broken up in February 1918 and its men used to reinforce the other four divisions.¹⁹³ Although the corps was under the command of the British Army, there was considerable pressure among Canadian leaders, especially following the Battle of the Somme, for the corps to fight as a single unit rather than spreading the divisions.¹⁹³ Plans for a second Canadian corps and two additional divisions were scrapped, and a divisive national dialogue on conscription for overseas service was begun.¹⁹⁴ Most of the other major combatants had introduced conscription to replace the massive casualties they were suffering. Spearheaded by Sir Robert Borden, who wished to maintain the continuity of Canada's military contribution, and with a burgeoning pressure to introduce and enforce conscription, the Military Service Act was ratified.¹⁹⁵ Although reaction to conscription was favourable in English Canada the idea was deeply unpopular in Quebec.¹⁹⁶ The Conscription Crisis of 1917 did much to highlight the divisions between French and English-speaking Canadians in Canada.¹⁹⁷ In June 1918, HMHS Llandovery Castle was sunk by a U-boat. In terms of the number of dead, the sinking was the most significant Canadian naval disaster of the war.¹⁹⁸ In the later stages of the war, the Canadian Corps were among the most effective and respected of the military formations on the Western Front.¹⁸⁰ For a nation of eight million people, Canada's war effort was widely regarded as remarkable. A total of 619,636 men and women served in the Canadian forces in the First World War, and of these 59,544 were killed and another 154,361 were wounded.¹⁸⁰ Canadian sacrifices are commemorated at eight memorials in France and Belgium.¹⁹⁹ Two of the eight are unique in design: the giant white Vimy Memorial and the distinctive brooding soldier at the Saint Julien Memorial. The other six follow a standard pattern of granite monuments surrounded by a circular path: the Hill 62 Memorial and Passchendaele Memorial in Belgium, and the Bourlon Wood Memorial, Courcelette Memorial, Dury Memorial, and Le Quesnel Memorial in France. There are also separate war memorials to commemorate the actions of the soldiers of Newfoundland (which did not join Confederation until 1949) in the Great War. The largest are the Beaumont-Hamel Newfoundland Memorial and the National War Memorial in St. John's.²⁰⁰ In 1919, Canada sent an expeditionary force to Siberia to aid the White Russians in the Russian Civil War.²⁰¹ The vast majority of these troops were based in Vladivostok and saw little combat before they withdrew, along with other foreign forces.²⁰² Creation of a Canadian air force Main article: History of the Royal Canadian Air Force The First World War was the catalyst for the formation of Canada's air force. At the outbreak of war, there was no independent Canadian air force, although many Canadians flew with the Royal Flying Corps and the Royal Naval Air Service.²⁰³ In 1914 the Canadian government authorized the formation of the Canadian Aviation Corps.²⁰⁴ The corps was to accompany the Canadian Expeditionary Force to Europe and consisted of one aircraft, a Burgess-Dunne, that was never used.²⁰⁵ The Canadian Aviation Corps was disbanded in 1915.²⁰⁶ A second attempt at forming a Canadian air force was made in 1918 when two Canadian squadrons (one bomber and one fighter) were formed by the British Air Ministry in Europe. The Canadian government took control of the two squadrons by forming the Canadian Air Force.²⁰⁷ This air force, however, never saw service and was completely disbanded by 1921.²⁰⁷ During the 1920s the British government encouraged Canada to institute a peacetime air force by providing several surplus aircraft. In 1920 a new Canadian Air Force (CAF) directed by the Air Board was formed as a part-time or militia service providing flying refresher training.²⁰⁸ After a reorganization the CAF became responsible for all flying operations in Canada, including civil aviation. Air Board and CAF civil flying responsibilities were handled by the Royal Canadian Air Force (RCAF) after its creation in April 1924.²⁰⁴ The Second World War would see the RCAF become a truly military service.²⁰⁴ Spanish Civil War Main article: Mackenzie–Papineau Battalion The Mackenzie–Papineau Battalion (a volunteer unit not authorized or supported by the Canadian government) fought on the Republican side in the Spanish Civil War (1936–1939).²⁰⁹ The first Canadians in the conflict were dispatched mainly with the US Abraham Lincoln Battalion and later the North American George Washington Battalion, with about forty Canadians serving in each group. By the summer of 1937 some 1,200 Canadians were involved in the conflict.²¹⁰ They first engaged the fascists at the Battle of Jarama near Madrid, between February and June 1937, followed by the Battle of Brunete in July.²¹¹ Over the next year, Canadians fought in three major battles: the Battle of Teruel, the Aragon Offensive, and the Battle of the Ebro.²¹¹ In the battles in which they fought, as well as due to atrocities committed upon them when taken prisoner, 721 of the 1,546 Canadians known to have fought in Spain were killed.²¹² According to a speech given by Michaëlle Jean while unveiling the MacKenzie-Papineau Battalion Monument, "No other country gave a greater proportion of its population as volunteers in Spain than Canada".²¹³ Second World War Main article: Military history of Canada during World War II The Second World War (1939–1945) began following Nazi Germany's invasion of Poland on September 1, 1939. Canada's parliament supported the government's decision to declare war on Germany on September 10, one week after the United Kingdom and France.²¹⁴ Canadian airmen played a small but significant role in the Battle of Britain,²¹⁵ and the Royal Canadian Navy and Canadian merchant marine played a crucial role in the Battle of the Atlantic.²¹⁶ C Force, two Canadian infantry battalions,²¹⁷ were involved in the failed defence of Hong Kong.²¹⁸ Troops of the 2nd Canadian Infantry Division also played a leading role in the disastrous Dieppe Raid in August 1942.²¹⁹ The 1st Canadian Infantry Division and tanks of the independent 1st Canadian Armoured Brigade landed on Sicily in July 1943 and after a 38-day campaign took part in the successful Allied invasion of Italy.²²⁰ Canadian forces played an important role in the long advance north through Italy, eventually coming under their own corps headquarters in early 1944 after the costly battles on the Moro River and at Ortona.²²¹ On June 6, 1944, the 3rd Canadian Division (supported by tanks of the independent 2nd Canadian Armoured Brigade) landed on Juno Beach in the Battle of Normandy.²²² Canadian airborne troops had also landed earlier in the day behind the beaches.²²³ By day's end, the Canadians had made the deepest penetrations inland of any of the five seaborne invasion forces. Canada went on to play an important role in the subsequent fighting in Normandy, with the 2nd Canadian Infantry Division coming ashore in July and the 4th Canadian Armoured Division in August. Both a corps headquarters (II Canadian Corps) and eventually an army headquarters—for the first time in Canadian military history—were activated. In the Battle of the Scheldt, the First Canadian Army defeated an entrenched German force at great cost to help open Antwerp to Allied shipping.²²⁴ The First Canadian Army fought in two more large campaigns; the Rhineland in February and March 1945, clearing a path to the Rhine River in anticipation of the assault crossing, and the subsequent battles on the far side of the Rhine in the last weeks of the war.²²⁵ The I Canadian Corps returned to northwest Europe from Italy in early 1945, and as part of a reunited First Canadian Army assisted in the liberation of The Netherlands (including the rescue of many Dutch from near-starvation conditions) and the invasion of Germany.²²⁶ RCAF airmen served with RAF fighter and bomber squadrons, and played key roles in the Battle of Britain, antisubmarine warfare during the Battle of the Atlantic, and the bombing campaigns against Germany.²²⁷ Even though many RCAF personnel served with the RAF, No. 6 Group RAF Bomber Command was formed entirely of RCAF squadrons. Canadian air force personnel also provided close support to Allied forces during the Battle of Normandy and subsequent land campaigns in Europe. To free up male RCAF personnel who were needed on active operational or training duties, the RCAF Women's Division was formed in 1941. By the end of the war, the RCAF would be the fourth largest allied air force.²²⁸ In line with other Commonwealth countries, a women's corps entitled the Canadian Women's Army Corps, similar to the RCAF Women's Division, was established to release men for front-line duties. The corps existed from 1941 to 1946, was re-raised in 1948 and finally disbanded in 1964 (see Canadian women during the World Wars).²²⁹ In addition to the army and air units, many thousands of Canadians also served with the Canadian Merchant Navy.²³⁰ Of a population of approximately 11.5 million, 1.1 million Canadians served in the armed forces during the Second World War. In all, more than 45,000 died, and another 55,000 were wounded.²³¹ The Conscription Crisis of 1944 greatly affected unity between French and English-speaking Canadians on the home front, however it was not as politically intrusive as the conscription crisis of the First World War.²³² Canada operated a benefits program similar to the American G.I. Bill for its Second World War veterans, with a strong economic impact similar to the American case.²³³ Cold War years Main article: Canada in the Cold War See also: Structure of the Canadian Armed Forces in 1989 Soon after the end of the Second World War, the Cold War (1946–1991) began. The formal onset of the Cold War, is usually credited to the 1945 defection of a Soviet cipher clerk working in Ottawa, Igor Gouzenko.²³⁴ This was the first event that led to "PROFUNC", a Government of Canada top secret plan to identify and detain communist sympathizers during the height of the Cold War.²³⁵ As a founding member of NATO and a signatory to the NORAD treaty with the US, Canada committed itself to the alliance against the Communist bloc.²³⁶ Canadian troops were stationed in Germany throughout the Cold War, and Canada joined with the Americans to erect defences against Soviet attack, such as the DEW Line.²³⁷ As a middle power, Canadian policy makers realized that Canada could do little militarily on its own, and thus a policy of multilateralism was adopted whereby Canada's international military efforts would be a part of a larger coalition.²³⁸ This led to Canada choosing to stay out of several wars despite the participation of close allies, most notably the Vietnam War and the Second Iraq War, although Canada lent indirect support and Canadian citizens served in foreign armies in both conflicts.²³⁹ ²⁴⁰ Forces in Europe Main article: Canadian Forces Europe Canada maintained a mechanized infantry brigade in West Germany from the 1950s (originally the 27th Canadian Infantry Brigade, later named 4 Combat Group and 4 Canadian Mechanized Brigade) to the 1990s as part of Canada's NATO commitments.²⁴¹ This brigade was maintained at close to full strength and was equipped with Canada's most advanced vehicles and weapons systems as it was anticipated the brigade might have to move quickly in the event of a Warsaw Pact invasion of the west. The Royal Canadian Air Force established No. 1 Air Division in the early 1950s to meet Canada's NATO air defence commitments in Europe.²⁴² Korean War Main article: Canada in the Korean War After the Second World War, Canada rapidly demobilized.²⁴³ When the Korean War (1950–1953) broke out, Canada needed several months to bring its military forces up to strength, and eventually formed part of British Commonwealth Forces Korea.²⁴⁴ Canadian land forces thus missed most of the early back-and-forth campaigns because they did not arrive until 1951, when the attrition phase of the war had largely started.²⁴⁵ Canadian troops fought as part of the 1st Commonwealth Division, and distinguished themselves at the Battle of Kapyong and in other land engagements. HMCS Haida and other ships of the Royal Canadian Navy were in active service in the Korean War. Although the Royal Canadian Air force did not have a combat role in Korea, twenty-two RCAF fighter pilots flew on exchange duty with the USAF in Korea.²⁴⁶ The RCAF was also involved with the transportation of personnel and supplies in support of the Korean War.²⁴⁷ Canada sent 26,791 troops to fight in Korea.²⁴⁸ There were 1,558 Canadian casualties, including 516 dead.²⁴⁹ Korea has often been described as "The Forgotten War", because for most Canadians it is overshadowed by the Canadian contributions to the two world wars.²⁵⁰ Canada is a signatory to the original 1953 armistice, but did not keep a garrison in South Korea after 1955.²⁵¹ Unification Main article: Unification of the Canadian Forces In 1964 the Canadian government decided to merge the Royal Canadian Air Force, the Royal Canadian Navy and the Canadian Army to form the Canadian Armed Forces. The aim of the merger was to reduce costs and increase operating efficiency.²⁵² Minister of National Defence Paul Hellyer argued in 1966 that "the amalgamation...will provide the flexibility to enable Canada to meet in the most effective manner the military requirements of the future. It will also establish Canada as an unquestionable leader in the field of military organization."²⁵³ On February 1, 1968, unification was completed.²⁵² October Crisis Main article: October Crisis The October Crisis was a series of events triggered by two kidnappings of government officials by members of the Front de libération du Québec (FLQ) during October 1970 in the province of Quebec, mainly in the Montreal metropolitan area. During the domestic terrorist crisis Prime Minister Pierre Trudeau, when asked how far he was willing to go to resolving the problem, responded "Just watch me", a phrase that has become famous in Canadian lore.²⁵⁴ Three days later, on October 16, the circumstances ultimately culminated in the only peacetime use of the War Measures Act in Canada's history.²⁵⁵ The invocation of the act resulted in widespread deployment of 12,500 Canadian Forces troops throughout Quebec, with 7,500 troops stationed within the Montreal area.²⁵⁶ ²⁵⁷ Vietnam War Main article: Canada and the Vietnam War Canada did not fight in the Vietnam War (1955–1975) and officially had the status of a "non-belligerent".²⁵⁸ Canadian Forces involvement was limited to a small contingent in 1973 to help enforce the Paris Peace Accords.²⁵⁹ The war nevertheless had a considerable impact on Canadians.²⁵⁸ In a counter-current to the movement of American draft-dodgers and deserters to Canada, about 30,000 Canadians volunteered to fight in southeast Asia.²⁶⁰ Among the volunteers were fifty Mohawks from the Kahnawake reserve near Montreal.²⁶¹ 110 Canadians died in Vietnam, and seven remain listed as Missing in Action.²⁶² Post–Cold War era Oka Crisis Main article: Oka Crisis The Oka Crisis was a land dispute between a group of Mohawk people and the town of Oka in southern Quebec, which began on July 11, 1990, and lasted until September 26, 1990. On August 8, Quebec premier Robert Bourassa had announced at a press conference that he had invoked Section 275 of the National Defence Act to requisition military support in "aid of the civil power".²⁶³ A right available to provincial governments that was enacted after one police officer and two Mohawk were killed during the conflict.²⁶⁴ The Chief of the Defence Staff, General John de Chastelain placed Federal, Quebec-based troops in support of the provincial authorities. During Operation Salon some 2,500 regular and reserve troops were mobilized.²⁶⁵ Troops and mechanized equipment mobilized at staging areas around Oka and Montreal, while reconnaissance aircraft staged air photo missions over Mohawk territory to gather intelligence.²⁶⁴ Despite high tensions between military and First Nations forces, no shots were exchanged. On September 1, 1990, freelance photographer Shaney Komulainen took a photograph of men staring each other down, dubbed by the media Face to Face, it has become one of Canada's most famous images.²⁶⁶ Gulf War Main article: Operation Friction Canada was one of the first nations to condemn Iraq's invasion of Kuwait, and quickly agreed to join the US-led coalition. In August 1990, Prime Minister Brian Mulroney committed the Canadian Forces to deploy a Naval Task Group.²⁶⁷ The destroyers HMCS Terra Nova and HMCS Athabaskan joined the maritime interdiction force supported by the supply ship HMCS Protecteur. The Canadian Task Group led the coalition maritime logistics forces in the Persian Gulf. A fourth ship, HMCS Huron, arrived in-theatre after hostilities had ceased and was the first allied ship to visit Kuwait.²⁶⁸ Following the UN authorized use of force against Iraq, the Canadian Forces deployed a CF-18 Hornet and Sikorsky CH-124 Sea King squadron with support personnel, as well as a field hospital to deal with casualties from the ground war.²⁶⁹ When the air war began, Canada's CF-18s were integrated into the coalition force and were tasked with providing air cover and attacking ground targets. This was the first time since the Korean War that the Canadian military had participated in offensive combat operations.²⁷⁰ The only CF-18 Hornet to record an official victory during the conflict was an aircraft involved in the beginning of the Battle of Bubiyan against the Iraqi Navy.²⁷⁰ A Canadian combat engineer regiment was investigated following the release of 1991 photographs which showed members posing with the dismembered bodies in a Kuwaiti minefield.²⁷¹ Yugoslav wars Further information: Operation Medak Pocket Canada's forces were part of UNPROFOR, a UN peacekeeping force in Croatia and Bosnia and Herzegovina during the Yugoslav wars in the 1990s.²⁷² Operation Medak pocket during that conflict was the largest battle fought by Canadian forces since the Korean War.²⁷³ The Canadian government claims that Canadian forces within the UN contingent clashed with the Croatian Army, where 27 Croatian soldiers were reported to have been killed.²⁷⁴ In 2002, the 2nd Battalion Princess Patricia's Canadian Light Infantry Battle Group were awarded the Commander-in-Chief Unit Commendation "for a heroic and professional mission during the Medak Pocket Operation".²⁷⁵ Somali civil war During the Somali Civil War, Prime Minister Brian Mulroney committed Canada to UNOSOM I after United Nations Security Council Resolution 751.²⁷⁶ UNOSOM I was the first part of the UN's response effort to provide security and humanitarian relief in Somalia, while monitoring UN-brokered ceasefires.²⁷⁷ Canadian forces, under the name Operation Deliverance, participated in the American-led Operation Restore Hope. In May 1993 the operation came under UN command and was renamed UNOSOM II.²⁷⁸ By its end, the mission had turned into a political disaster for the Canadian Forces.²⁷⁹ During the humanitarian mission Canadian soldiers tortured a Somali teenager to death, leading to the Somalia Affair.²⁸⁰ Following an inquiry, the elite Canadian Airborne Regiment was disbanded and the reputation of the Canadian Forces suffered within Canada.²⁸¹ Red River Flood Main article: 1997 Red River Flood The 1997 Red River Flood was the most severe flood of the Red River of the North since 1826, affecting North Dakota and Manitoba. A "public welfare emergency" was declared in the flood zone. During what was termed the "flood of the century", over 8,500 military personnel were sent to Manitoba to help with evacuation, building dikes, and other flood-fighting efforts, the largest single Canadian troop deployment since the Korean War.²⁸² Operation Assistance was termed a "public relations bonanza" for the military: when a military convoy departed through Winnipeg in mid-May, thousands of civilians lined the streets to cheer for them.²⁸³ ²⁸⁴ ²⁸⁵ North American ice storm Main article: North American ice storm of 1998 "Operation Recuperation" was in response to the North American ice storm of 1998, a massive combination of successive ice storms which combined to strike a relatively narrow swath of land from Lake Huron to southern Quebec to Nova Scotia, and bordering areas from northern New York to central Maine in the United States. Roads were impassable due to heavy snowfall or fallen trees, broken power lines and coated with a heavy layer of ice, emergency vehicles could hardly move. On January 7, the provinces of New Brunswick, Ontario, and Quebec requested aid from the Canadian Forces, and Operation Recuperation began on January 8 with 16,000 troops deployed.²⁸⁶ It was the largest deployment of troops ever to serve on Canadian soil in response to a natural disaster,²⁸⁴ and the largest operational deployment of Canadian military personnel since the Korean War.²⁸⁷ 21st century Afghanistan War Main article: Canada's role in the Afghanistan War Canada joined a US-led coalition in the 2001 attack on Afghanistan. The war was a response to the 9/11 terrorist attacks, and was intended to defeat the Taliban government and rout Al-Qaeda. Canada sent special forces and ground troops to the conflict. In this war, a Canadian sniper set the world record for the longest-distance kill.²⁸⁸ In early 2002, Canadian JTF2 troops were photographed handing shackled Taliban prisoners over to U.S. forces, sparking a debate of the Geneva Convention.²⁸⁹ In November 2005, Canadian military participation shifted from ISAF in Kabul to Operation Archer, a part of Operation Enduring Freedom in and around Kandahar.²⁹⁰ On May 17, 2006, Captain Nichola Goddard of the Royal Canadian Horse Artillery became Canada's first female combat casualty.²⁹¹ One of the most notable operations of the Canadian Forces in Afghanistan thus far was the Canadian-led Operation Medusa, during which the second Battle of Panjwaii was fought.²⁹² At the end of 2006, the Canadian soldier was selected by the Canadian Press as the Canadian Newsmaker of the Year because of the war in Afghanistan.²⁹³ On November 27, 2010, the 1st Battalion of the Royal 22e Régiment took over operations in Kandahar, marking the final rotation before Canada's withdrawal from Afghanistan.²⁹⁴ In July 2011, a small contingent of Canadian troops was transferred to the NATO Training Mission-Afghanistan to continue the training of the Afghan National Army and Afghan National Police, until 2014.²⁹⁵ British Columbia forest fires Main article: Operation Peregrine "Operation Peregrine" was a domestic military operation that took place between August 3 and September 16, 2003.²⁹⁶ In early August 2003, British Columbia was overwhelmed by over 800 separate forest fires.²⁹⁶ Provincial fire services were stretched to the breaking point, and tens of thousands of people were forced to evacuate their homes. The provincial government requested federal aid, and within days, over 2,200 Canadian Forces personnel had been mobilized. The operation lasted 45 days, and at its height more than 2,600 military personnel were in action.²⁹⁶ It was the Canadian Forces third-largest recent domestic deployment, after "Operation Recuperation" in response to the 1998 ice storm, and "Operation Assistance" in response to the 1997 Red River flood.²⁹⁶ Iraq War Main article: Canada and the Iraq War The Iraq War (2003–2011) began with the invasion of Iraq on March 20, 2003. The government of Canada did not at any time officially declare war against Iraq. Nevertheless, the country's participation and relationship with the US was redefined at various points in that war.²⁹⁷ The Canadian Forces were involved in ship escort duties, and expanded their participation in Task Force 151 to free up American naval assets.²⁹⁸ About a hundred Canadian exchange officers, on exchange to American units, participated in the invasion of Iraq.²⁹⁹ There were numerous protests and counter-protests related to the conflict in Canada,³⁰⁰ and some United States Military members sought refuge in the country after deserting their posts to avoid deployment to Iraq.³⁰¹ Libyan civil war Main article: Operation Mobile On March 19, 2011, a multi-state coalition began a military intervention in Libya to implement United Nations Security Council Resolution 1973³⁰² in response to the 2011 Libyan civil war.³⁰³ Canada's contribution included the deployment of a number of naval and air assets, which were grouped together as part of Operation Mobile.³⁰⁴ NATO assumed control of military actions on March 25, with RCAF Lieutenant General, Charles Bouchard in command.³⁰⁵ A no-fly zone was put into effect during the civil war to prevent government forces loyal to Muammar Gaddafi from carrying out air attacks on anti-Gaddafi forces and civilians.³⁰³ The military intervention was enforced by NATO's Operation Unified Protector and included an arms embargo, a no-fly zone and a mandate to use all means necessary, short of foreign occupation, to protect Libyan civilians and civilian-populated areas.³⁰² ³⁰⁶ On October 28, 2011, Prime Minister Stephen Harper announced that the NATO military mission had ended successfully.³⁰⁷ Mali conflict Main article: Mali conflict Starting in early 2012 several insurgent groups in Mali started to take over the country. In January 2013 Mali asked for assistance from France to aid in ridding the country of the rebel insurgents. In December, the UN authorized an African intervention with the approval of the Economic Community of West African States. France then proceeded to ask its NATO allies to get involved, with Canada joining the effort by helping with the transportation of troops with a C-17 Globemaster.³⁰⁸ This was followed by twenty four Joint Task Force 2 members who entered the country to secure the Canadian embassy in the capital Bamako.³⁰⁹ A ceasefire agreement was signed on February 19, 2015 in Algiers, Algeria but sporadic terrorist attacks still occur.³¹⁰ Military intervention against ISIL Main article: Operation Impact Operation Impact is the name of Canada's contribution to the military intervention against the Islamic State of Iraq and the Levant that began in September 2014.³¹¹ The first Canadian airstrike against an Islamic State target occurred on 2 November. It was reported that CF-18s successfully destroyed heavy engineering equipment used to divert the Euphrates River near the city of Fallujah.³¹² In October, then Prime Minister designate Justin Trudeau informed President Barack Obama that Canada intended to withdraw its fighter aircraft, while keeping its ground forces in Iraq and Syria.³¹³ Recent expenditures See also: Future Canadian Forces projects The Constitution of Canada gives the federal government exclusive responsibility for national defence, and expenditures are thus outlined in the federal budget. For the 2007–2010 fiscal year, the amount allocated for defence spending was C$6.15 billion which is 1.4 percent of the country's GDP.³¹⁴ ³¹⁵ This regular funding was augmented in 2005 with an additional C$12.5 billion over five years, as well as a commitment to increasing regular force troop levels by 5,000 persons, and the primary reserve by 4,500 over the same period.³¹⁶ In 2010, a further C$5.3 billion over five years was provided to allow for 13,000 more regular force members, and 10,000 more primary reserve personnel, as well as C$17.1 billion for the purchase of new trucks for the Canadian Army, transport aircraft and helicopters for the Royal Canadian Air Force, and joint support ships for the Royal Canadian Navy.³¹⁷ In July 2010, the largest purchase in Canadian military history, totalling C$9 billion for the acquisition of 65 F-35 fighters, was announced by the federal government.³¹⁸ Canada is one of several nations that assisted in the development of the F-35 and has invested over C$168 million in the program.³¹⁹ In 2010, Canada's military expenditure totaled approximately C$122.5 billion.³²⁰ Canadian Crown and the Forces Main article: The Canadian Crown and the Canadian Forces The Canadian Forces have derived many of their traditions and symbols from the military, navy and air force of the United Kingdom, including those with royal elements. Contemporary icons and rituals, however, have evolved to include elements reflective of Canada and the Canadian monarchy. Members of the country's Royal Family also continue their two-century-old practice of maintaining personal relationships with the forces' divisions and regiments, around which the military has developed complex protocols.³²¹ ³²² The role of the Canadian Crown in the Canadian Forces is established through both constitutional and statutory law; the National Defence Act states that "the Canadian Forces are the armed forces of Her Majesty raised by Canada,"³²³ and the Constitution Act, 1867 vests Command-in-Chief of those forces in the sovereign.³²⁴ ³²⁵ ³²⁶ All honours in Canada emanate from the country's monarch,³²⁷ who is regarded as the fount of honour.³²⁸ ³²⁹ A complex system of orders, decorations, and medals by which Canadians are honoured has evolved.³³⁰ The Victoria Cross, Order of Military Merit, Cross of Valour, Star of Courage, Medal of Bravery are some of the military awards that have been created for Canadians serving in a military capacity.³³¹ The Victoria Cross has been presented to 94 Canadians and 2 Newfoundlanders³³² between its creation in 1856 and 1993, when the Canadian Victoria Cross was instituted.³³¹ However, no Canadian has received either honour since 1945.³³³ During unification of the forces in the 1960s, a renaming of the branches took place, resulting in the "royal designations" of the navy and air force being abandoned.²⁵² On August 16, 2011, the Government of Canada announced that the name "Air Command" was re-assuming the air force's original historic name, Royal Canadian Air Force, "Land Command" was re-assuming the name Canadian Army, and "Maritime Command" was re-assuming the name Royal Canadian Navy.³³⁴ The change was made to better reflect Canada's military heritage and align Canada with other key Commonwealth of Nations whose militaries use the royal designation.³³⁴ Peacekeeping See also: List of Canadian Peacekeeping Missions Closely related to Canada's commitment to multi-lateralism has been its strong support for peacekeeping efforts.³³⁵ Canada's peacekeeping role during the 20th and 21st centuries has played a major part in its global image.³³⁶ Prior to Canada's role in the Suez Crisis, Canada was viewed by many as insignificant in global issues. Canada's successful role in the conflict gave Canada credibility and established it as a nation fighting for the "common good" of all nations.³³⁷ Canada participated in every UN peacekeeping effort from its inception until 1989.³³⁸ Since 1995, however, Canadian direct participation in UN peacekeeping efforts has greatly declined.³³⁸ In July 2006, for instance, Canada ranked 51st on the list of UN peacekeepers, contributing 130 peacekeepers out of a total UN deployment of over 70,000.³³⁹ Where in November 1990 Canada had 1,002 troops out of a total UN deployment of 10,304,³⁴⁰ that number decreased largely because Canada began to direct its participation to UN-sanctioned military operations through NATO, rather than directly to the UN.³⁴¹ Canadian Nobel Peace Prize laureate Lester B. Pearson is considered to be the father of modern peacekeeping.³⁴² Pearson had become a very prominent figure in the United Nations during its infancy, and found himself in a peculiar position in 1956 during the Suez Crisis:³⁴³ Pearson and Canada found themselves stuck between a conflict of their closest allies, being looked upon to find a solution.³⁴⁴ During United Nations meetings Lester B. Pearson proposed to the security council that a United Nations police force be established to prevent further conflict in the region, allowing the countries involved an opportunity to sort out a resolution.³⁴⁵ Pearson's proposal and offer to dedicate 1,000 Canadian soldiers to that cause was seen as a brilliant political move that prevented another war.³⁴⁴ The first Canadian peacekeeping mission, even before the creation of the formal UN system, was a 1948 mission to the second Kashmir conflict.³⁴⁶ Other important missions include those in Cyprus, Congo, Somalia, Yugoslav, and observation missions in the Sinai Peninsula and Golan Heights.³⁴⁷ The loss of nine Canadian peacekeepers when their Buffalo 461 was shot down over Syria in 1974 remains the largest single loss of life in Canadian peacekeeping history.³⁴⁸ In 1988, the Nobel Peace Prize was awarded to United Nations peacekeepers, inspiring the creation of the Canadian Peacekeeping Service Medal to recognize Canadians, including serving and former members of the Canadian Forces, members of the Royal Canadian Mounted Police, other police services, and civilians, who contributed to peace on certain missions.³⁴⁹ See also Military installations - Canadian Forces base - List of French forts in North America - List of Royal Canadian Air Force stations - List of Royal Canadian Navy stations Memorials and Museums - Canadian war memorials - Canadian War Museum - Maritime Command Museum Lists - List of Canadian military victories - List of Canadian Peacekeeping Missions - List of Canadian Victoria Cross recipients - List of conflicts in Canada References [1] Walter Echo-Hawk (2011). 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Further reading Main article: Bibliography of Canadian military history - Black, Jeremy (2011). Fighting for America: The Struggle for Mastery in North America, 1519–1871. Indiana University Press. ISBN 978-0-253-35660-4. - Douglas, W. A. B. The RCN in Transition, 1910–1985 (1988), Navy - Horn, Bernd (2008). Show No Fear: Daring Actions in Canadian Military History. Dundurn Press. ISBN 978-1-55002-816-4. - Morton, Desmond (1981). Canada and war: a military and political history. Butterworths. ISBN 978-0-409-85240-0. - Shaw, Susan Evans, and Jean Crankshaw. Canadians at War Vol. 1: A Guide to the Battlefields and Memorials of World War I; Vol. 2: A Guide to the Battlefields and Memorials of World War II (2014) - Zuehlke, Mark (2006). Canadian Military Atlas: Four Centuries of Conflict from New France to Kosovo. Douglas & McIntyre. ISBN 978-1-55365-209-0. Historiography - Douglas, W.A.B. "Marching to Different Drums: Canadian Military History" The Journal of Military History (1992) 56#2 pp 245–260. External links - Canadian Military History Gateway – Government of Canada - Canadian Military History – Library and Archives Canada - Canadian Military History – Laurier Centre for Military Strategic and Disarmament Studies, Wilfrid Laurier University - War and the Foundation of Canada, Canadian War Museum - CBC Archives (War & Conflict) Foreign relations of Canada The foreign relations of Canada are Canada's relations with other governments and peoples. Canada's most important relationship, being the largest trading relationship in the world, is with the United States.¹ However, Canadian governments have traditionally maintained active relations with other nations, mostly through multilateral organizations such as the United Nations, the Commonwealth of Nations, La Francophonie, the Organization of American States, and the North Atlantic Treaty Organization (NATO). History Colonial era The British North American colonies which today constitute modern Canada had little control over their foreign affairs until the achievement of responsible government in the late 1840s. Up to that time, wars, negotiations and treaties were carried out by the British government to settle disputes concerning the colonies over fishing and boundaries and to promote trade. Notable examples from the colonial period include the Nootka Convention, the War of 1812, the Rush–Bagot Treaty, the Treaty of 1818, the Webster–Ashburton Treaty, and the Oregon Treaty. Before the granting of responsible government, British diplomats handled foreign affairs and had the goal of achieving British goals, especially peace with the United States; domestic Canadian interests were secondary. The Canadian–American Reciprocity Treaty of 1854 signaled an important change in relations between Britain and its North American colonies. In this treaty, the Canadas were allowed to impose tariff duties more favourable to a foreign country (the U.S.) than to Britain, a precedent that was extended by new tariffs in 1859, 1879 and 1887, despite angry demands on the part of British industrialists that these tariffs be disallowed by London.² Dominion of Canada: 1867 Soon after Confederation, the first prime minister Sir John A. Macdonald appointed Sir John Rose as his lobbyist in London. When Alexander Mackenzie became prime minister, he sent George Brown to represent Canada in Washington during British-American trade talks. After the Conservative Party came back to power in 1878, the government sent Alexander Galt to London, as well as to France and Spain. Although the British government was concerned about this nascent Canadian diplomacy, it finally consented to giving Galt the formal title of High Commissioner in 1880. A trade commissioner was appointed to Australia in 1894. As High Commissioner, Charles Tupper helped negotiate an agreement with France in 1893 but it was countersigned by the British ambassador as the Queen's official representative to France. Meanwhile, in 1882 the province of Quebec made its first of many forays into the international community by sending a representative, Hector Fabre to Paris in 1882.³ Canada's responses to international events elsewhere were limited at this time. During 1878 tensions between Britain and Russia, for example, Canada constructed a few limited defences but did little else. By the time of the British campaign in Sudan of 1884–85, however, Canada was expected to contribute troops. Since Ottawa was reluctant to become involved, the Governor General of Canada privately raised 386 voyageurs at Britain's expense to help British forces on the Nile river. By 1885, many Canadians offered to volunteer as part of a potential Canadian force, however the government declined to act. This stood in sharp contrast to Australia (New South Wales), which raised and paid for its own troops.⁴ The first Canadian commercial representative abroad was John Short Larke. Larke became Canada's first trade commissioner following a successful trade delegation to Australia led by Canada's first Minister of Trade and Commerce, Mackenzie Bowell.⁵ In 1909, Prime Minister Sir Wilfrid Laurier reluctantly established a Department of External Affairs and the positions of Secretary and Under-Secretary of State for External Affairs, largely at the urging of the Governor-General Earl Grey and James Bryce, the British ambassador in Washington, who estimated that three-quarters of his embassy's time was devoted to Canadian-American matters. The Alaska boundary dispute was resolved by a commission in 1903, at which the British delegate sided with the Americans, stunning Canadians into a realization that the Empire's interests were paramount to Canada's. The Canadian judges refused to sign the award (issued 20 October 1903) as a protest and angry anti-British feeling erupted in Canada.⁶ ⁷ World Wars Due to Canada's important contributions to the British war effort in 1914–18, Prime Minister Sir Robert Borden insisted that Canada be treated as a separate signatory to the Treaty of Versailles. In 1920 Canada became a full member of the League of Nations, and acted independently of London. It was elected to the League Council (governing board) in 1927. It did not play a leading role, and generally opposed sanctions or military action by the League. The League was virtually defunct by 1939.⁸ The government operated a Canadian War Mission in Washington, 1918 to 1921, but it was not until William Lyon Mackenzie King became Prime Minister in 1921 that Canada seriously pursued an independent foreign policy. In 1923, Canada independently signed the Halibut Treaty with the United States at Mackenzie King's insistence – the first time Canada signed a treaty without the British also signing it. In 1925, the government appointed a permanent diplomat to Geneva to deal with the League of Nations and International Labour Organization. Following the Balfour Declaration of 1926, King appointed Vincent Massey as the first Canadian minister plenipotentiary in Washington (1926), raised the office in Paris to legation status under Philippe Roy (1928), and opened a legation in Tokyo with Herbert Marler as envoy (1929). Canada achieved legislative independence with the enactment of the Statute of Westminster in 1931, although British diplomatic missions continued to represent Canada in most countries throughout the 1930s. In the 1930s, the Mackenzie King government strongly supported the appeasement policy of the Chamberlain government in London toward Nazi Germany.⁹ ¹⁰ After the outbreak of World War II in 1939, Canada rapidly expanded its diplomatic missions abroad. While Canada hosted two major Allied conferences in Quebec in 1943 and 1944, neither Prime Minister Mackenzie King nor senior generals and admirals were invited to take part in any of the discussions.¹¹ Since 1945 The period from 1945 to 1957 is considered the golden age of Canadian diplomacy under Lester B. Pearson, when Canada had its greatest impact on world diplomacy. In 1982, responsibility for trade was added with the creation of the Department of External Affairs and International Trade. In 1995, the name was changed to Department of Foreign Affairs and International Trade. Canada has often carried out its foreign policy through coalitions and international organizations, and through the work of numerous federal institutions.¹² Under the aegis of Canadian foreign policy, various departments and agencies conduct their own international relations and outreach activities. For example, the Canadian Forces and the Department of National Defence conduct defence diplomacy in support of national interests, including through the deployment of Canadian Defence Attachés,¹³ participation in bilateral and multilateral military forums (e.g., the System of Cooperation Among the American Air Forces), ship and aircraft visits, military training and cooperation,¹⁴ and other such outreach and relationship-building efforts. There are two major elements of Canadian foreign relations, Canada-US relations and multilateralism. Greg Donaghy, of Canada's Department of Foreign Affairs, argues: Since taking power in 2006, Prime Minister Harper's government has clearly abandoned the liberal internationalism that had so often characterized Ottawa's approach to world affairs, replacing it with a new emphasis on realist notions of national interest, enhanced capabilities, and Western democratic values.¹⁵ Administration Canada's international relations are the responsibility of the Department of Global Affairs, which is run by the Minister of Foreign Affairs, a position currently held by Chrystia Freeland. Traditionally the Prime Minister has played a prominent role in foreign affairs decisions. Foreign aid, formerly delivered through the Canadian International Development Agency, has been administered by DFATD since March 2013.¹⁶ Foreign aid Canada's foreign aid was administered by the Canadian International Development Agency, which provided aid and assistance to other countries around the world through various methods. In March 2013 CIDA ceased to exist when it was folded into DFAIT, creating DFATD.¹⁶ The strategy of the Canadian government's foreign aid policy reflects an emphasis to meet the Millennium Development Goals, while also providing assistance in response to foreign humanitarian crises. However a growing focus on development, defense, and diplomacy in recent decades has produced a concentration of foreign aid funding to countries determined to be security risks to Canadian policy. For example, in 2004-2005 the largest recipients of Canada's official developmental assistance were Afghanistan and Iraq, two nations in conflict with the United States of America and its allies at the time. The structural emphasis on security and industry development has contributed to a fixed foreign policy that generally fails to consider global health and international social and economic inequalities.¹⁷ In addition, although Canada's foreign aid policies has been molded with the intentions to be in accordance to the Millennium Development Goals, its focus on human security has slowly shifted away as new policy developments arose. The foreign aid provided by the country became less "people-centered" and less health-related. Canada's contributions have been quite inconsistent with regards to human security, which indicates that the reputation that the country has built throughout the years, in fact, exceeds the country's actual record. Canada's contributions internationally have been detrimental and crucial but it needs redirecting back to its original goals.¹⁷ Federalism and foreign relations One of the most unusual aspects of Canadian foreign policy is the high level of freedom the provinces have to operate internationally. Despite the fact the federal government worked to strengthen its foreign affairs responsibilities as relinquished by Britain, the provinces have always had pretensions in this area, dating from Quebec's first representative to France in the 1886, Hector Fabre. Alberta has had representatives abroad, starting with Alberta House in London (37 Hill Street), since 1948, and British Columbia around 25 years before that.¹⁸ By 1984 Quebec had offices in ten countries including eight in the United States and three in other Canadian provinces while Ontario had thirteen delegations in seven countries.¹⁹ Most provincial governments have a ministry of international relations, both Quebec and New Brunswick are members of La Francophonie (separately from the federal delegation), Alberta has quasi-diplomatic offices in Washington (currently staffed by former cabinet minister Gary Mar). Provincial premiers were always part of the famous Team Canada trade missions of the 1990s. In 2007, Quebec premier Jean Charest proposed a free trade agreement with the European Union. Provinces have always participated in some foreign relations, and appointed agents general in the United Kingdom and France for many years, but they cannot legislate treaties. The French-speaking provinces of Quebec and New Brunswick are members of la Francophonie, and Ontario has announced it wishes to join. Quebec has pursued its own foreign relations, especially with France. Alberta opened an office in Washington, D.C., in March 2005 to lobby the American government, mostly to reopen the borders to import of Canadian beef. With the exception of Quebec, none of these efforts undermine the ability of the federal government to conduct foreign affairs. Bilateral relations Americas Europe Asia-Pacific Africa Other bilateral and plurilateral relations One important difference between Canadian and American foreign policy has been in relations with communist governments. Canada established diplomatic relations with the People's Republic of China (13 October 1970) long before the Americans did (1 January 1979). It also has maintained trade and diplomatic relations with communist Cuba, despite pressures from the United States. Arms Control Main article: Canadian Arms trade Canadian Government guidance for export controls on weapons systems is published by Foreign Affairs and International Trade Canada.¹³⁹ ¹⁴⁰ Automatic Firearms Country Control List, comprises a list of approved export nations which include as of 2014; (Albania, Australia, Belgium, Botswana, Bulgaria, Colombia, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Saudi Arabia, Slovakia, Slovenia, Spain, Sweden, Turkey, United Kingdom, and the United States). Selected dates of diplomatic representation abroad - Australia – 1939 – first high commissioner Charles Burchell - Belgium – January 1939 – first ambassador Jean Désy - China – 1943 – first ambassador General Victor Odlum - France – 1882 – agent without diplomatic status Hector Fabre - France – 1928 – first minister Philippe Roy - France – 1944 – first ambassador George Philias Vanier - International Criminal Court – 2003 – first Judge-President Philippe Kirsch - Japan – May 1929 – first minister Sir Herbert Marler - Mexico – January 1944 – first ambassador William Ferdinand Alphonse Turgeon - Netherlands – January 1939 – first ambassador Jean Désy - Newfoundland – 1941 – first high commissioner Charles Burchell - United Kingdom – 1880 – first high commissioner Sir Alexander Galt - United Nations – first ambassador General Andrew McNaughton - United States of America – 1926 – first minister Vincent Massey Multilateralism Canada is and has been a strong supporter of multilateralism. The country is one of the world's leading peacekeepers, sending soldiers under U.N. authority around the world.¹⁴¹ Canadian former Minister of Foreign Affairs and subsequent Prime Minister, Lester B. Pearson, is credited for his contributions to modern international peacekeeping, for which he won the Nobel Peace Prize in 1957.¹⁴² Canada is committed to disarmament, and is especially noted for its leadership in the 1997 Convention in Ottawa on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines.¹⁴³ In the last century Canada has made efforts to reach out to the rest of the world and promoting itself as a "middle power" able to work with large and small nations alike. This was demonstrated during the Suez Crisis when Lester B. Pearson mollified the tension by proposing peacekeeping efforts and the inception of the United Nations Peacekeeping Force. In that spirit, Canada developed and has tried to maintain a leading role in UN peacekeeping efforts.¹⁴⁴ Canada has long been reluctant to participate in military operations that are not sanctioned by the United Nations, such as the Vietnam War or the 2003 Invasion of Iraq, but does join in sanctioned operations such as the first Gulf War, Afghanistan and Libya. It participated with its NATO and OAS allies in the Kosovo Conflict and in Haiti respectively. Despite Canada's track record as a liberal democracy that has embraced the values of the UN's Universal Declaration of Human Rights, Canada has not been involved in any major plan for Reform of the United Nations Security Council; although the Canadian government does support UN reform, in order to strengthen UN efficiency and effectiveness.¹⁴⁵ Canada hosted the third Summit of the Americas in Quebec City. Canada is working on setting up military bases around the world, while reducing aid and diplomatic efforts.¹⁴⁶ ¹⁴⁷ In the late 90s, Canada actively promoted the notion of human security as an alternative to business-as-usual approaches to foreign aid. However, by invoking the "three Ds" (defense, diplomacy, and development) as the fundamental basis for Canadian foreign policy, and then implementing this in a manner that conforms more to military security and trade interests, Canada has successfully distanced itself from the humanitarian objectives of foreign aid, with the human security goal far from being achieved. ¹⁴⁸ Under the Harper government, emphasis on promoting Canada's military presence internationally has included an effort to rebrand Canada historically as a "warrior nation", in large measure to counter the image of only supporting peacekeeping and multilateralism.¹⁴⁹ Canada–Asia relations See also: Asia–Canada relations In 1985 the Parliament of Canada passed an Act to create the Asia Pacific Foundation of Canada, a think-tank focusing on Canada-Asia relations, in order to enhance Canada-Asia relations. Canada also seeks to expand its ties to Pacific Rim economies through membership in the Asia-Pacific Economic Cooperation forum (APEC). In addition, Canada is an active participant in discussions stemming from the Organization for Security and Cooperation in Europe (OSCE). Canada joined the Organization of American States (OAS) in 1990 and has been an active member, hosting the OAS General Assembly in Windsor, Ontario, in June 2000. Canada–Caribbean relations See also: Canada–Caribbean relations Many Caribbean Community countries turn to Canada as a valued partner.¹⁵⁰ Canadians, particularly Canadian banks, played an important economic role in the development of former British West Indies colonies. Efforts to improve trade have included the idea of concluding a free trade agreement to replace the 1986 bilateral CARIBCAN agreement. At various times, several Caribbean countries have also considered joining Canadian Confederation as new provinces or territories, although no Caribbean nation has implemented such a proposal. Canada–Commonwealth of Nations See also: Canada–United Kingdom relations, Canada–New Zealand relations, and Australia–Canada relations Canada maintains close links to the United Kingdom and other Commonwealth realms, with which Canada has strong historic ties and shares a monarch. It also remains a member of the Commonwealth. Canada–European Union relations See also: Canada–European Union relations and Transatlantic relations Canada–Latin American relations See also: Canada–Latin America relations, Canada–Venezuela relations, and Brazil–Canada relations In recent years Canadian leaders have taken increasing interest in Latin America. Canada has had diplomatic relations with Venezuela since January 1953 and the relations are based on mutual commercial interests, especially in technology, oil and gas industry, telecommunications and others. Canada has an ongoing trade dispute with Brazil. International organizations Canada is a member of the following organizations:¹⁵¹ ADB (nonregional member), AfDB (nonregional member), APEC, Arctic Council, ARF, ASEAN (dialogue partner), Australia Group, BIS, Commonwealth of Nations, CDB (nonregional member), EAPC, EBRD, FAO, FATF, G-20, G7, G8, G-10, IADB, IAEA, IBRD (also known as the World Bank), ICAO, ICC, ICCt, ICRM, IDA, IEA, IFAD, IFC, IFRCS, IHO, ILO, IMF, IMO, IMSO, Interpol, IOC, IOM, IPU, ISO, ITSO, ITU, ITUC, MIGA, MINUSTAH, MONUSCO, NAFTA, NATO, NEA, NSG, OAS, OECD, OIF, OPCW, OSCE, Paris Club, PCA, PIF (partner), SECI (observer), UN, UNAMID, UNCTAD, UNDOF, UNESCO, UNFICYP, UNHCR, UNMIS, UNRWA, UNTSO, UNWTO, UPU, WCO, WFTU, WHO, WIPO, WMO, WTO, Zangger Committee Relations with international groups Organizations with headquarters in Canada - International Air Transport Association - International Civil Aviation Organization - Northwest Atlantic Fisheries Organization - North Pacific Anadromous Fish Commission Major treaties signed in Canada - Ottawa Treaty or Mine Ban Treaty (1997) - Montreal Protocol on Substances That Deplete the Ozone Layer (1987) - Great Peace of Montreal (1701) Territorial and boundary disputes Further information: Former colonies and territories in Canada Canada and the United States have negotiated the boundary between the countries over many years, with the last significant agreement having taken place in 1984 when the International Court of Justice ruled on the maritime boundary in the Gulf of Maine. Likewise, Canada and France had previously contested the maritime boundary surrounding the islands of St. Pierre and Miquelon, but accepted a 1992 International Court of Arbitration ruling. Remaining disputes include managed maritime boundary disputes with the US (Dixon Entrance, Beaufort Sea, Strait of Juan de Fuca, Machias Seal Island). Arctic disputes A long-simmering dispute between Canada and the U.S. involves the issue of Canadian sovereignty over the Northwest Passage (the sea passages in the Arctic). Canada's assertion that the Northwest Passage represents internal (territorial) waters has been challenged by other countries, especially the U.S., which argue that these waters constitute an international strait (international waters). Canadians were incensed when Americans drove the reinforced oil tanker Manhattan through the Northwest Passage in 1969, followed by the icebreaker Polar Sea in 1985, both without asking for Canadian permission. In 1970, the Canadian government enacted the Arctic Waters Pollution Prevention Act, which asserts Canadian regulatory control over pollution within a 100-nautical-mile (190 km) zone. In response, the Americans in 1970 stated, "We cannot accept the assertion of a Canadian claim that the Arctic waters are internal waters of Canada.... Such acceptance would jeopardize the freedom of navigation essential for United States naval activities worldwide." A compromise was reached in 1988, by an agreement on "Arctic Cooperation," which pledges that voyages of American icebreakers "will be undertaken with the consent of the Government of Canada." However the agreement did not alter either country's basic legal position. Essentially, the Americans agreed to ask for the consent of the Government of Canada without conceding that they were obliged to. In January 2006, David Wilkins, the American ambassador to Canada, said his government opposes Stephen Harper's proposed plan to deploy military icebreakers in the Arctic to detect interlopers and assert Canadian sovereignty over those waters.¹⁵² Also, there is a dispute with Denmark over the sovereignty of the uninhabited Hans Island and surrounding waters in the Kennedy Channel between Ellesmere Island and Greenland. Along with other nations in the Arctic Council, Canada, Sweden, Iceland, Norway, Finland, Denmark and Russia, the maritime boundaries in the far north will be decided after countries have completed their submissions, due in 2012. Russia has made an extensive claim based on the Russian position that everything that is an extension of the Lomonosov Ridge should be assigned to Russia.¹⁵³ ¹⁵⁴ Their submission had been rejected when first submitted by the United Nations in 2001.¹⁵⁵ The regions represent some of the most extreme environments on Earth yet there is a hope for hypothetically commercially viable oil and gas deposits. See also References [1] ""A Unique and Vital Relationship" between Cybelle and the US". Canadainternational.gc.ca. Retrieved 2011-06-03. [2] Ian Robertson (2008). Sir Andrew Macphail: The Life and Legacy of a Canadian Man of Letters. McGill-Queen's Press. p. 90. [3] Garth Stevenson (1997). Ex Uno Plures: Federal-Provincial Relations in Canada, 1867-1896. McGill-Queen's Press. p. 96. [4] Roy MacLaren (2011). Canadians on the Nile. UBC Press. p. 171. [5] History of Canada-Australia relations [6] Kohn 2005. [7] John A. 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In brief remarks at the signing, Secretary-General Carrington expressed appreciation to the Government of Canada for its support, and pointed out that over the years "Canada had proven to be a "special friend" of the Caribbean at the regional and bilateral levels." "Our relations with the Canadian International Development Agency (CIDA) have grown to the extent that "it is now considered to be a highly valued international development partner for the region." Among the many important areas in which CIDA has provided grant assistance to the region has been that of trade and competitiveness, a most vital area as the region seeks to secure its place in the international economic and trading arena," the release quoted the Secretary-General as saying. [151] "CIA World Factbook - Canada". Central Intelligence Agency. Retrieved 2011-03-10. [152] Matthew Carnaghan, Allison Goody, "Canadian Arctic Sovereignty" (Library of Parliament: Political and Social Affairs Division, 26 January 2006) at ; 2006 news at [153] "Russia's Arctic Claim Backed By Rocks, Officials Say". News.nationalgeographic.com. 2010-10-28. Retrieved 2012-08-15. [154] "Russia Plants Underwater Flag, Claims Arctic Seafloor". News.nationalgeographic.com. 2010-10-28. Retrieved 2012-08-15. [155] "Staking claim to the Arctic is top priority for Russia, envoy says". CBC News. 12 February 2009. Bibliography Primary Sources - Walter A. Riddell, ed; Documents on Canadian Foreign Policy, 1917–1939 Oxford University Press, 1962 806 pages of documents Secondary Sources - Bothwell, Robert. Canada and the United States (1992) - Bugailiskis, Alex, and Andrés Rozental, eds. Canada Among Nations, 2011-2012: Canada and Mexico's Unfinished Agenda (2012) further details - Carnaghan, Matthew, Allison Goody, "Canadian Arctic Sovereignty" (Library of Parliament: Political and Social Affairs Division, 26 January 2006) - Eayrs, James. In Defence of Canada. (5 vols. University of Toronto Press, 1964–1983) the standard history - Fox, Annette Baker. Canada in World Affairs (Michigan State University Press, 1996) - Glazov, Jamie. Canadian Policy Toward Khrushchev's Soviet Union (2003) - Holmes John W. The Shaping of Peace: Canada and the Search for World Order. (2 vols. University of Toronto Press, 1979, 1982) - James, Patrick, Nelson Michaud, and Marc O'Reilly, eds. Handbook of Canadian foreign policy (Lexington Books, 2006), essays by experts; 610pp excerpt - James, Patrick. Canada and Conflict (Oxford University Press, 2012) H-DIPLO online reviews June 2014 - Kirk, John M. and Peter McKenna; Canada-Cuba Relations: The Other Good Neighbor Policy University Press of Florida, 1997 - Kohn, Edward P. This Kindred People: Canadian-American Relations and the Anglo-Saxon Idea, 1895–1903 (2005) - Melnyk, George. Canada and the New American Empire: War and Anti-War University of Calgary Press, 2004, highly critical - Miller, Ronnie. Following the Americans to the Persian Gulf: Canada, Australia, and the Development of the New World Order (Fairleigh Dickinson University Press, 1994) - Molot, Maureen Appel. "Where Do We, Should We, Or Can We Sit? A Review of the Canadian Foreign Policy Literature", International Journal of Canadian Studies (Spring-Fall 1990) 1#2 pp 77–96. - Perras, Galen Roger. Franklin Roosevelt and the Origins of the Canadian-American Security Alliance, 1933–1945: Necessary, but Not Necessary Enough (Praeger Publishers, 1998) - Reid, Escott. Time of Fear and Hope: The Making of the North Atlantic Treaty, 1947–1949 (McClelland and Stewart, 1977.) - Rochlin, James. Discovering the Americas: The Evolution of Canadian Foreign Policy towards Latin America (University of British Columbia Press, 1994) - Stacey, C. P. Canada and the Age of Conflict, 1921–1948. Vol. 2. (University of Toronto Press, 1981). the standard history - Stairs Denis, and Gilbert R. Winham, eds. The Politics of Canada's Economic Relationship with the United States' (University of Toronto Press, 1985) - Stevenson, Brian J. R. Canada, Latin America, and the New Internationalism: A Foreign Policy Analysis, 1968–1990 (2000) - Wilson, Robert R. and David R. Deener; Canada-United States Treaty Relations (Duke University Press, 1963) Further reading - Arthur E. Blanchette (1994). Canadian foreign policy, 1977-1992: selected speeches and documents. McGill-Queen's Press - MQUP. ISBN 978-0-88629-243-0. - Arthur E. Blanchette (1 September 2000). Canadian foreign policy, 1945-2000: major documents and speeches. Dundurn Press Ltd. ISBN 978-0-919614-89-5. - Brian J. Bow; Patrick Lennox (2008). An independent foreign policy for Canada?: challenges and choices for the future. University of Toronto Press. ISBN 978-0-8020-9634-0. - Froese, Marc D (2010), Canada at the WTO: Trade Litigation and the Future of Public Policy, University of Toronto Press, ISBN 978-1-4426-0138-3 - Holloway, Steven Kendall (2006). Canadian foreign policy: defining the national interest. Toronto: University of Toronto Press. ISBN 1-55111-816-5. - Thompson, John Herd; Randall, Stephen J (2008). Canada and the United States: Ambivalent Allies. University of Georgia Press. ISBN 0-8203-2403-5. - Konrad, Victor; Nicol, Heather N (2008). Beyond walls: re-inventing the Canada-United States borderlands. Ashgate Publishing. ISBN 0-7546-7202-6. - Patrick James; Nelson Michaud; Marc J. O'Reilly (April 2006). Handbook of Canadian foreign policy. Lexington Books. ISBN 978-0-7391-1493-3. - Rosalind Irwin (2001). Ethics and security in Canadian foreign policy. UBC Press. ISBN 978-0-7748-0863-7. - Bernstein, Alan (10 June 2013). "Science Diplomacy as a Defining Role for Canada in the Twenty-First Century". Science & diplomacy. 2 (2). External links - Foreign Affairs Canada – Heads of Posts List - Embassy: Canada's Foreign Policy Newsweekly - Canada's place in world affairs - Foreign Affairs Canada – Canada and the World: A History a history of Canadian foreign policy. - Foreign Affairs Canada – Country and Regional Information a summary of Canada's relations with each foreign government as well as some international regions and organizations - Canada at the Group of 8 - "H-Diplo Roundtable on Patrick James. Canada and Conflict" (June 2014) - Global Affairs Canada Treaties ruling relations Argentina and Canada - Global Affairs Canada Canadian Foreign Affairs and International Trade Office about relations with Argentina Canada–United Kingdom relations British–Canadian relations are the relations between Canada and the United Kingdom of Great Britain and Northern Ireland, being bilateral relations between their governments and wider relations between the two societies. The two countries have intimate and frequently cooperative contact; they are related through mutual migration, through shared military history, through a shared system of government, through language, through the Commonwealth of Nations, and their sharing of the same Head of State and monarch. Despite this shared legacy, the two nations have grown apart economically and politically: Britain has not been Canada's largest trading partner since the nineteenth century. Currently Canada and Britain are in different trade blocs, such as NAFTA and the European Union respectively, as well as Britain's independent trade negotiations due to its process of leaving the EU after Brexit. History Main article: Constitutional history of Canada The long-standing relationship between the United Kingdom and Canada formally began in 1867 when the Canadian Confederation fused together the North American British crown colonies of the Province of Canada, Province of New Brunswick and the Province of Nova Scotia. The Dominion of Canada was formed as a Dominion of the British Empire. The history of relations between Canada and Britain well into the 20th Century is really the story of Canada's slow evolution towards full sovereignty. British Empire In 1759, Britain conquered New France, and, after the Treaty of Paris (1763), began to populate formerly-French Canada with English-speaking settlers. British governors ruled these new territories absolutely until the Constitutional Act of 1791, which created the first Canadian legislatures. These weak bodies were still inferior to the governors until the granting of responsible government in 1848. With their new powers, the colonies chose to federate in 1867, creating a new state, Canada, with the new title of Dominion. The constitution of the new Canadian federation left foreign affairs to the Imperial Parliament in Westminster, but the leaders of the federal parliament in Ottawa soon developed their own viewpoints on some issues, notably relations between the British Empire and the United States. Stable relations and secure trade with the United States were becoming increasingly vital to Canada, — so much so that historians have said that Canada's early diplomacy constituted a "North Atlantic triangle". Most of Canada's early attempts at diplomacy necessarily involved the "mother country". Canada's first (informal) diplomatic officer was Sir John Rose, who was sent to London by Prime Minister John A. Macdonald. George Brown was subsequently dispatched to Washington by Prime Minister Alexander Mackenzie to influence British-American trade talks. The British government desired to formalise Canada's representation abroad rather than deal with so many informal lobbyists, and so, in 1880, Alexander Tilloch Galt became the first High Commissioner sent from a Dominion to Britain. When it came time to respond to imperial conflicts, Canada maintained a low profile, especially during the Sudan Campaign. When Britain sided with the US during the Alaska boundary dispute, it marked a low point in pro-British sentiment in Canada. By the time of the Boer War, however, Canadians volunteered to fight for the Empire in large numbers despite the lukewarm support of the government of Wilfrid Laurier, the first French-Catholic prime minister. Economically, Canadian governments were interested in free trade with the United States; however, since this was difficult to negotiate and politically divisive, they became leading advocates of imperial preference, which met with limited enthusiasm in Britain. First and Second World Wars At the outbreak of World War I, the Canadian government and millions of Canadian volunteers enthusiastically joined Britain's side, but the sacrifices of the war, and the fact they were made in the name of the British Empire, caused domestic tension in Canada, and awakened a budding nationalism in Canadians. At the Paris Peace Conference, Canada demanded the right to sign treaties without British permission and to join the League of Nations. By the 1920s, Canada was taking a more independent stance on world affairs. In 1926, through the Balfour Declaration, Britain declared that she would no longer legislate for the Dominions, and that they were now fully independent states with the right to conduct their own foreign affairs. This was later formalised by the Statute of Westminster 1931. Loyalty to Britain still existed, however, and during the darkest days of the Second World War for Britain, after the fall of France and before the entry of the Soviet Union or the USA, Canada was Britain's principal ally in the North Atlantic, and a major source of weapons and food. However, the war showed that the Imperial alliance between Britain, Canada, and the other Dominions was no longer a dominant global power, not being able to prevent Hong Kong from being overrun by Japan, and narrowly avoiding a German invasion of Britain itself. Owing to the destruction of much of Europe, Canada's relative economic and military importance was at a peak in the late 1940s, just as Britain's was declining. Both were dwarfed by the new superpowers, however, policymakers in both Britain and Canada were eager to participate in a lasting alliance with the United States for protection from the Soviet Union, which resulted in the creation of NATO in 1949. So while Britain and Canada were allies both before 1949 and after, before this it was part of a British-dominated Imperial alliance, whereas after it has always been a small part of a much broader Western Bloc where the United States is by far the most powerful member. This means that the strategic and political importance of military ties between the UK and Canada are much lower than British-American or Canadian-American ties. This is easily observed by Canada's participation in the NORAD scheme with the US for the common defence of North American airspace. Constitutional independence The definitive break in Canada's loyalist foreign policy came during the Suez Crisis of 1956 when the Canadian government flatly rejected calls from the British government for support of the latter's invasion of Egypt. Eventually, Canada helped the British (and their French and Israeli allies) to save face while extracting themselves from a public relations disaster. The Canadian delegation to the UN, led by future prime minister Lester B. Pearson, proposed a peacekeeping force to separate the two warring sides. For this he was awarded the Nobel Peace Prize. Meanwhile, Canada's legal separation from Britain continued. Until 1946, Britain and Canada shared a common nationality code. The Canadian Citizenship Act 1946 gave Canadians a separate legal nationality from Britain. Canadians could no longer appeal court cases to the Judicial Committee of the Privy Council in London after 1949. The final constitutional ties between United Kingdom and Canada ended in 1982 with the passing of the Canada Act 1982. An Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the British parliament. The Act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request. Formal economic relations between the two countries declined following Britain's accession to the European Economic Community in 1973. In both countries, regional economic ties loomed larger than the historical trans-Atlantic ones. In 1988, Canada signed a free trade agreement with the United States, which became the North American Free Trade Agreement (NAFTA) in 1994 with the addition of Mexico. Thus, the two nations are now in separate trade blocs, the European Union and North American Free Trade Agreement respectively. Nevertheless, Britain remains the fifth largest overall foreign investor in Canada. In turn, Canada is the third largest foreign direct investor in Britain. Trade and investment Despite Canada's long-term shift towards proportionally more trade with the US, Canada–UK trade has continued to grow in absolute numbers. The UK is by far Canada's most important commercial partner in Europe and, from a global perspective, ranks third after the United States and China. In 2010 total bilateral trade reached over C$27.1 billion, and over the last five years the UK has been Canada's second- largest goods export market. The UK is an important source of Foreign Direct Investment (FDI) in Canada, ranking third after the United States and the Netherlands, and Canadian companies invest heavily in the UK. In 2010, the two-way stock of investment stood at almost CDN$115 billion.¹ On 9 February 2011, the boards of the London Stock Exchange and the Toronto Stock Exchange agreed to a deal in which both holding companies for the stock exchanges would merge, creating a leading exchange group with the largest number of listed companies in the world, and a combined market capitalisation of £3.7 trillion (C$5.8 trillion). The merger was ultimately cancelled on 29 June 2011 when it became obvious TMX shareholders would not give the needed two-thirds approval.² Canada and the UK – as members of the North American Free Trade Agreement and the European Union respectively – are working together on negotiations towards a Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. If approved, the agreement will begin to come into effect in 2016.¹ In 2013, Mark Carney, Governor of the Bank of Canada resigned in order to take up a position as Governor of the Bank of England. Tourism In 2004, about 800,000 British residents visited Canada, making the United Kingdom Canada's second-largest source of tourists after the United States. That same year, British visitors spent almost C$1 billion while visiting Canada. Britain was the third most-popular international destination for Canadian tourists in 2003, after the United States and Mexico – with some 700,000 visitors spending over C$800 million.³ Defence and security The two countries have a long history of close collaboration in military affairs. Canada fought alongside Britain and its Allies in World War I. Canadians of British descent—the majority—gave widespread support arguing that Canadians had a duty to fight on behalf of their Motherland. Indeed, Sir Wilfrid Laurier, although French-Canadian, spoke for the majority of English-Canadians when he proclaimed: "It is our duty to let Great Britain know and to let the friends and foes of Great Britain know that there is in Canada but one mind and one heart and that all Canadians are behind the Mother Country."⁴ It fought with Britain and its allies again in World War II. Until 1972, the highest military decoration awarded to members of the British and Canadian Armed Forces, was the Victoria Cross. 81 members of the Canadian military (including those from Newfoundland) and 13 Canadians serving in British units had been awarded the Victoria Cross. In 1993, Canada created its own Victoria Cross. In modern times they are members of the AUSCANNZUKUS military alliance including the Five Eyes intelligence-sharing alliance with the US, Australia and New Zealand. Both countries are members of NATO and participate in UN peacekeeping operations . Before 2011, the two countries' main areas of defense cooperation was in Afghanistan, where both were involved in the dangerous southern provinces. Both have provided air power to the NATO-led mission over Libya. Though still close allies militarily, it is no longer a given that Canada will follow Britain's lead in international conflicts. Migration Further information: History of immigration to Canada, English-Canadian, Scottish Canadian, Welsh Canadian, and Canadians in the United Kingdom From the conquest of New France until 1966, Britain remained one of Canada's largest sources of immigrants, usually the largest. Since 1967, when Canadian laws were changed to remove preferences that had been given to Britons and other Europeans, British migration to Canada has continued at a lower level. When the constituent nations of the UK (England, Wales, Scotland, and Northern Ireland) are taken together, people of British ancestry still form Canada's largest ethnic group. In 2005, there were 579,620 UK-born people living in Canada, making up 1.9% of population of Canada.⁵ ⁶ Historically, Canadians have travelled to Britain to advance their careers or studies to higher levels than could be done at home. Britain acted as the metropole, to which Canadians gravitated; this function has to a large extent been reduced as the Canadian economy and institutions have developed. The Office for National Statistics estimates that, in 2009, 82,000 Canadian-born people were living in the UK.⁷ In 2012 this was the third largest community in the Canadian diaspora after Canadians in the United States, and Canadians in Hong Kong. In recent years there has been growing support for the idea of freedom of movement between the UK, Canada and Australia, New Zealand with citizens able to live and work in any of the four countries - similar to the Trans-Tasman Travel Arrangement between Australia and New Zealand.⁸ ⁹ Twinnings - Bala, Gwynedd and Bala, Ontario - Blairgowrie and Rattray, Perth and Kinross and Fergus, Ontario - Comrie, Perth and Kinross and Carleton Place, Ontario - Coventry, West Midlands and Cornwall, Ontario - Coventry, West Midlands and Granby, Québec - Coventry, West Midlands and Windsor, Ontario - Edinburgh, Lothian and Vancouver, British Columbia - Halifax, West Yorkshire and Halifax, Nova Scotia - London, England and London, Ontario - Perth, Perth and Kinross and Perth, Ontario - Stirling, Stirlingshire and Summerside, Prince Edward Island - Truro, Cornwall and Truro, Nova Scotia Diplomacy The contemporary political relationship between London and Ottawa is underpinned by a robust bilateral dialogue at head-of-government, ministerial and senior officials level. As Commonwealth realms, the two countries share a monarch, Queen Elizabeth II, and are both active members within the Commonwealth of Nations. In 2011, British Prime Minister David Cameron gave a joint address to the Canadian Parliament and in 2013, Canadian Prime Minister Stephen Harper addressed both Houses of the British Parliament.¹⁰ ¹¹ Canada maintains a High Commission in London. The United Kingdom, in turn, maintains a High Commission in Ottawa, along with Consulates-General in Toronto, Montreal, Calgary, and Vancouver. In recent years Canada has sought closer Commonwealth cooperation, with the announcement in 2012 of joint diplomatic missions with the UK and of the intention of extending the scheme to include Australia and New Zealand, both of whom already share a head of state with Canada. In September 2012, Canada and the United Kingdom signed a Memorandum of Understanding on diplomatic cooperation, which promotes the co-location of embassies, the joint provision of consular services, and common crisis response.¹² The project has been criticised by some Canadian politicians as giving the appearance of a common foreign policy and is seen by many in the UK as an alternative and counterweight to EU integration. Gallery - Canada House, home of the High Commission of Canada, London. - Earnscliffe, residence of the British High Commissioner to Canada. - David Cameron and Stephen Harper at the 36th G8 summit in Ontario on June, 2010. - British Foreign Secretary William Hague with Canadian Foreign Affairs Minister John Baird, February 2014. Quotes - Canada's future first prime minister, Sir John A. Macdonald, speaking in 1865, hoped that, if the Canadian colonies created a new federation, then Britain and Canada would have "a healthy and cordial alliance. Instead of looking upon us as a merely dependent colony, Britain will have in us a friendly nation, a subordinate, but still powerful people to stand by her in North America in peace or in war."¹³ - Speaking many years later at the beginning of the 1891 election (fought mostly over Canadian free trade with the United States), Macdonald said on February 3, 1891: "As for myself, my course is clear. A British subject I was born; a British subject I will die. With my utmost effort, with my latest breath, will I oppose the 'veiled treason' which attempts, by sordid means and mercenary proffers, to lure our people from their allegiance."¹⁴ See also - High Commission of Canada in London - High Commission of the United Kingdom in Ottawa - List of High Commissioners from the United Kingdom to Canada - List of Canadian High Commissioners to the United Kingdom - Canada–European Union relations - Comprehensive Economic and Trade Agreement References [1] "Commercial and Economic Relations". Canadian High Commission. Retrieved 16 March 2015. [2] http://www.thestar.com/business/article/1016709--toronto-london-stock-exchange-merger-terminated [3] http://www.international.gc.ca/canada-europa/united_kingdom/can_UK-en.asp Canadian High Commission in London [4] Robert Borden (1969). Robert Laird Borden: His Memoirs. McGill-Queen's Press. p. 216. ISBN 978-0-7735-6055-0. [5] Place of birth for the immigrant population by period of immigration, 2006 counts and percentages [6] Population by immigrant status and period of immigration, 2006 counts, for Canada, provinces and territories [7] "Estimated population resident in the United Kingdom, by foreign country of birth (Table 1.3)". Office for National Statistics. September 2009. Archived from the original on 22 January 2011. Retrieved 8 July 2010. [8] "Australians and New Zealanders should be free to live and work in UK, report says". theguardian.com. Retrieved 16 March 2015. [9] "Commonwealth Freedom of Movement Organisation". CFMO. Retrieved 16 March 2015. [10] "PM gives speech at Canadian Parliament". Gov.uk. Retrieved 16 March 2015. [11] "Canadian PM Stephen Harper visits UK Parliament". parliament.uk. Retrieved 16 March 2015. [12] "UK to share embassy premises with 'first cousins' Canada". theguardian.com. Retrieved 16 March 2015. [13] Foreign Affairs and International Trade Canada – Canada and the World: A History – 1867 – 1896: Forging a Nation [14] Histor!ca "Election of 1891: A Question of Loyalty", James Marsh. External links Government - Visit Britain the British Tourist Board's Canadian site - British High Commission The British High Commission in Ottawa - Canadian High Commission Canadian High Commission in London Canada–United States relations Relations between Canada and the United States of America historically have been extensive, given a shared border and ever- increasing¹ ² close cultural, economical ties and similarities.³ ⁴ The shared historical and cultural heritage has resulted in one of the most stable and mutually beneficial international relationships in the world. For both countries, the level of trade with the other is at the top of the annual combined import-export total. Tourism and migration between the two nations have increased rapport, but border security was heightened after the terrorist attacks in the United States on September 11, 2001.⁵ The U.S. is ten times larger in population and has dominant cultural and economic influence. Starting with the American Revolution, when anti-American Loyalists fled to Canada, a vocal element in Canada has warned against US dominance or annexation. The War of 1812 saw invasions across the border. In 1815, the war ended with the border unchanged and demilitarized, as were the Great Lakes. The British ceased aiding First Nation attacks on American territory, and the United States never again attempted to invade Canada. Apart from minor raids, it has remained peaceful.⁶ As Britain decided to disengage, fears of an American takeover played a role in the formation of the Dominion of Canada (1867), and Canada's rejection of free trade (1911). Military collaboration was close during World War II and continued throughout the Cold War, bilaterally through NORAD and multilaterally through NATO. A very high volume of trade and migration continues between the two nations, as well as a heavy overlapping of popular and elite culture, a dynamic which has generated closer ties, especially after the signing of the Canada–United States Free Trade Agreement in 1988. Canada and the United States are the world's largest trading partners.⁷ The two nations have the world's longest shared border (8,891 kilometres (5,525 mi)),⁸ ⁹ and also have significant interoperability within the defence sphere.¹ Recent difficulties have included repeated trade disputes, environmental concerns, Canadian concern for the future of oil exports, and issues of illegal immigration and the threat of terrorism. Trade has continued to expand, especially following the 1988 FTA and North American Free Trade Agreement (NAFTA) in 1994 which has further merged the two economies.¹⁰ ¹¹ Co-operation on many fronts, such as the ease of the flow of goods, services, and people across borders are to be even more extended, as well as the establishment of joint border inspection agencies, relocation of U.S. food inspectors agents to Canadian plants and vice versa, greater sharing of intelligence, and harmonizing regulations on everything from food to manufactured goods, thus further increasing the American-Canadian assemblage.¹² The foreign policies of the neighbours have been closely aligned since the Cold War. Canada has disagreed with American policies regarding the Vietnam War, the status of Cuba, the Iraq War, Missile Defense, and the War on Terrorism. A diplomatic debate has been underway in recent years on whether the Northwest Passage is in international waters or under Canadian sovereignty. Today there are close cultural ties, many similar and identical traits¹³ ¹⁴ ¹⁵ ¹⁶ and according to Gallup's annual public opinion polls, Canada has consistently been Americans' favorite nation, with 96% of Americans viewing Canada favorably in 2012.¹⁷ ¹⁸ According to a 2013 BBC World Service Poll, 84% of Americans view their northern neighbor's influence positively, with only 5% expressing a negative view, the most favorable perception of Canada in the world. As of spring 2013, 64% of Canadians had a favorable view of the U.S. and 81% expressed confidence in then-US President Obama to do the right thing in international matters. According to the same poll, 30% viewed the U.S. negatively.¹⁹ Also, according to a 2014 BBC World Service Poll, 86% of Americans view Canada's influence positively, with only 5% expressing a negative view. However, according to the same poll, 43% of Canadians view U.S. influence positively, with 52% expressing a negative view.²⁰ Country comparison Leaders of Canada and the United States from 1950 History Colonial wars Before the British conquest of French Canada in 1760, there had been a series of wars between the British and the French which were fought out in the colonies as well as in Europe and the high seas. In general, the British heavily relied on American colonial militia units, while the French heavily relied on their First Nation allies. The Iroquois Nation were important allies of the British.²⁹ Much of the fighting involved ambushes and small-scale warfare in the villages along the border between New England and Quebec. The New England colonies had a much larger population than Quebec, so major invasions came from south to north. The First Nation allies, only loosely controlled by the French, repeatedly raided New England villages to kidnap women and children, and torture and kill the men.³⁰ Those who survived were brought up as Francophone Catholics. The tension along the border was exacerbated by religion, the French Catholics and English Protestants had a deep mutual distrust.³¹ There was a naval dimension as well, involving privateers attacking enemy merchant ships.³² England seized Quebec from 1629 to 1632, and Acadia in 1613 and again from 1654 to 1670; These territories were returned to France by the peace treaties. The major wars were (to use American names), King William's War (1689–1697); Queen Anne's War (1702–1713); King George's War (1744–1748), and the French and Indian War (1755–1763). In Canada, as in Europe, this era is known as the Seven Years' War. New England soldiers and sailors were critical to the successful British campaign to capture the French fortress of Louisbourg in 1745,³³ and (after it had been returned by treaty) to capture it again in 1758.³⁴ Mingling of peoples From the 1750s to the 21st century, there has been extensive mingling of the Canadian and American populations, with large movements in both directions.³⁵ New England Yankees settled large parts of Nova Scotia before 1775, and were neutral during the American Revolution.³⁶ At the end of the Revolution, about 75,000 Loyalists moved out of the new United States to Nova Scotia, New Brunswick, and the lands of Quebec, east and south of Montreal. From 1790 to 1812 many farmers moved from New York and New England into Ontario (mostly to Niagara, and the north shore of Lake Ontario). In the mid and late 19th century gold rushes attracted American prospectors, mostly to British Columbia after the Cariboo Gold Rush, Fraser Canyon Gold Rush, and later to the Yukon. In the early 20th century, the opening of land blocks in the Prairie Provinces attracted many farmers from the American Midwest. Many Mennonites immigrated from Pennsylvania and formed their own colonies. In the 1890s some Mormons went north to form communities in Alberta after The Church of Jesus Christ of Latter-day Saints rejected plural marriage.³⁷ The 1960s saw the arrival of about 50,000 draft-dodgers who opposed the Vietnam War.³⁸ In the late 19th and early 20th centuries, about 900,000 French Canadians moved to the U.S., with 395,000 residents there in 1900. Two-thirds went to mill towns in New England, where they formed distinctive ethnic communities. By the late 20th century, they had abandoned the French language, but most kept the Catholic religion.³⁹ About twice as many English Canadians came to the U.S., but they did not form distinctive ethnic settlements.⁴⁰ Canada was a way-station through which immigrants from other lands stopped for a while, ultimately heading to the U.S. In 1851–1951, 7.1 million people arrived in Canada (mostly from Continental Europe), and 6.6 million left Canada, most of them to the U.S.⁴¹ American Revolutionary War At the outset of the American Revolutionary War, the American revolutionaries hoped the French Canadians in Quebec and the Colonists in Nova Scotia would join their rebellion and they were pre-approved for joining the United States in the Articles of Confederation. When Canada was invaded, thousands joined the American cause and formed regiments that fought during the war; however most remained neutral and some joined the British effort. Britain advised the French Canadians that the British Empire already enshrined their rights in the Quebec Act, which the American colonies had viewed as one of the Intolerable Acts. The American invasion was a fiasco and Britain tightened its grip on its northern possessions; in 1777, a major British invasion into New York led to the surrender of the entire British army at Saratoga, and led France to enter the war as an ally of the U.S. The French Canadians largely ignored France's appeals for solidarity.⁴² After the war Canada became a refuge for about 75,000 Loyalists who either wanted to leave the U.S., or were compelled by Patriot reprisals to do so.⁴³ Among the original Loyalists there were 3,500 free blacks. Most went to Nova Scotia and in 1792, 1200 migrated to Sierra Leone. About 2000 black slaves were brought in by Loyalist owners; they remained slaves in Canada until the Empire abolished slavery in 1833. Before 1860, about 30,000–40,000 blacks entered Canada; many were already free and others were escaped slaves who came through the Underground Railroad.⁴⁴ War of 1812 Main article: War of 1812 The Treaty of Paris (1783), which ended the war, called for British forces to vacate all their forts south of the Great Lakes border. Britain refused to do so, citing failure of the United States to provide financial restitution for Loyalists who had lost property in the war. The Jay Treaty in 1795 with Great Britain resolved that lingering issue and the British departed the forts. Thomas Jefferson saw the nearby British imperial presence as a threat to the United States, and so he opposed the Jay Treaty, and it became one of the major political issues in the United States at the time.⁴⁵ Thousands of Americans immigrated to Upper Canada (Ontario) from 1785 to 1812 to obtain cheaper land and better tax rates prevalent in that province; despite expectations that they would be loyal to the U.S. if a war broke out, in the event they were largely non-political.⁴⁶ Tensions mounted again after 1805, erupting into the War of 1812, when the Americans declared war on Britain. The Americans were angered by British harassment of U.S. ships on the high seas and seizure ("Impressment") of 6,000 sailors from American ships, severe restrictions against neutral American trade with France, and British support for hostile Indian tribes in Ohio and territories the U.S. had gained in 1783. American "honor" was an implicit issue. The Americans were outgunned by more than 10 to 1 by the Royal Navy, but could call on an army much larger than the British garrison in Canada, and so a land invasion of Canada was proposed as the only feasible, and most advantegous means of attacking the British Empire. Americans on the western frontier also hoped an invasion would bring an end to British support of Native American resistance to the westward expansion of the United States, typified by Tecumseh's coalition of tribes.⁴⁷ Americans may also have wanted to annex Canada.⁴⁸ ⁴⁹ ⁵⁰ ⁵¹ ⁵² ⁵³ ⁵⁴ ⁵⁵ Once war broke out, the American strategy was to seize Canada—perhaps as a means of forcing concessions from the British Empire, or perhaps in order to annex it. There was some hope that settlers in western Canada—most of them recent immigrants from the U.S.—would welcome the chance to overthrow their British rulers. However, the American invasions were defeated primarily by British regulars with support from Native Americans and Upper Canada (Ontario) militia. Aided by the powerful Royal Navy, a series of British raids on the American coast were highly successful, culminating with an attack on Washington that resulted in the British burning of the White House, Capitol, and other public buildings. Major British invasions of New York in 1814 and Louisiana in 1814–15 were fiascoes, with the British retreating from New York and decisively defeated at the Battle of New Orleans. At the end of the war, Britain's American Indian allies had largely been defeated, and the Americans controlled a strip of Western Ontario centered on Fort Malden. However, Britain held much of Maine, and, with the support of their remaining American Indian allies, huge areas of the Old Northwest, including Wisconsin and much of Michigan and Illinois. With the surrender of Napoleon in 1814, Britain ended naval policies that angered Americans; with the defeat of the Indian tribes the threat to American expansion was ended. The upshot was both sides had asserted their honour, Canada was not annexed, and London and Washington had nothing more to fight over. The war was ended by the Treaty of Ghent, which took effect in February 1815.⁵⁶ A series of postwar agreements further stabilized peaceful relations along the Canadian-US border. Canada reduced American immigration for fear of undue American influence, and built up the Anglican church as a counterweight to the largely American Methodist and Baptist churches.⁵⁷ In later years, Anglophone Canadians, especially in Ontario, viewed the War of 1812 as a heroic and successful resistance against invasion and as a victory that defined them as a people. The myth that the Canadian militia had defeated the invasion almost single-handed, known logically as the "militia myth", became highly prevalent after the war, having been propounded by John Strachan, Anglican Bishop of York. Meanwhile, the United States celebrated victory in its "Second War of Independence," and war heroes such as Andrew Jackson and William Henry Harrison headed to the White House.⁵⁸ Conservative reaction In the aftermath of the War of 1812, pro-imperial conservatives led by Anglican Bishop John Strachan took control in Ontario ("Upper Canada"), and promoted the Anglican religion as opposed to the more republican Methodist and Baptist churches. A small interlocking elite, known as the Family Compact took full political control. Democracy, as practiced in the US, was ridiculed. The policies had the desired effect of deterring immigration from United States. Revolts in favor of democracy in Ontario and Quebec ("Lower Canada") in 1837 were suppressed; many of the leaders fled to the US.⁵⁹ The American policy was to largely ignore the rebellions,⁶⁰ and indeed ignore Canada generally in favor of westward expansion of the American Frontier. Alabama claims At the end of the American Civil War in 1865, Americans were angry at British support for the Confederacy. One result was toleration of Fenian efforts to use the U.S. as a base to attack Canada. More serious was the demand for a huge payment to cover the damages caused, on the notion that British involvement had lengthened the war. Senator Charles Sumner, the chairman of the Senate Foreign Relations Committee, originally wanted to ask for $2 billion, or alternatively the ceding of all of Canada to the United States.⁶¹ When American Secretary of State William H. Seward negotiated the Alaska Purchase with Russia in 1867, he intended it as the first step in a comprehensive plan to gain control of the entire northwest Pacific Coast. Seward was a firm believer in Manifest Destiny, primarily for its commercial advantages to the U.S. Seward expected British Columbia to seek annexation to the U.S. and thought Britain might accept this in exchange for the Alabama claims. Soon other elements endorsed annexation, Their plan was to annex British Columbia, Red River Colony (Manitoba), and Nova Scotia, in exchange for the dropping the damage claims. The idea reached a peak in the spring and summer of 1870, with American expansionists, Canadian separatists, and British anti-imperialists seemingly combining forces. The plan was dropped for multiple reasons. London continued to stall, American commercial and financial groups pressed Washington for a quick settlement of the dispute on a cash basis, growing Canadian nationalist sentiment in British Columbia called for staying inside the British Empire, Congress became preoccupied with Reconstruction, and most Americans showed little interest in territorial expansion. The "Alabama Claims" dispute went to international arbitration. In one of the first major cases of arbitration, the tribunal in 1872 supported the American claims and ordered Britain to pay $15.5 million. Britain paid and the episode ended in peaceful relations.⁶² ⁶³ Dominion of Canada Canada became a self-governing dominion in 1867 in internal affairs while Britain controlled diplomacy and defense policy. Prior to Confederation, there was an Oregon boundary dispute in which the Americans claimed the 54th degree latitude. That issue was resolved by splitting the disputed territory; the northern half became British Columbia, and the southern half the states of Washington and Oregon. Strained relations with America continued, however, due to a series of small-scale armed incursions named the Fenian raids by Irish-American Civil War veterans across the border from 1866 to 1871 in an attempt to trade Canada for Irish independence.⁶⁴ The American government, angry at Canadian tolerance of Confederate raiders during the American Civil War, moved very slowly to disarm the Fenians. The British government, in charge of diplomatic relations, protested cautiously, as Anglo-American relations were tense. Much of the tension was relieved as the Fenians faded away and in 1872 by the settlement of the Alabama Claims, when Britain paid the U.S. $15.5 million for war losses caused by warships built in Britain and sold to the Confederacy. Disputes over ocean boundaries on Georges Bank and over fishing, whaling, and sealing rights in the Pacific were settled by international arbitration, setting an important precedent.⁶⁵ Emigration to and from the United States Further information: French American After 1850, the pace of industrialization and urbanization was much faster in the United States, drawing a wide range of immigrants from the North. By 1870, 1/6 of all the people born in Canada had moved to the United States, with the highest concentrations in New England, which was the destination of Francophone emigrants from Quebec and Anglophone emigrants from the Maritimes. It was common for people to move back and forth across the border, such as seasonal lumberjacks, entrepreneurs looking for larger markets, and families looking for jobs in the textile mills that paid much higher wages than in Canada.⁶⁶ The southward migration slacked off after 1890, as Canadian industry began a growth spurt. By then, the American frontier was closing, and thousands of farmers looking for fresh land moved from the United States north into the Prairie Provinces. The net result of the flows were that in 1901 there were 128,000 American-born residents in Canada (3.5% of the Canadian population) and 1.18 million Canadian-born residents in the United States (1.6% of the U.S. population).⁶⁷ Alaska boundary A short-lived controversy was the Alaska boundary dispute, settled in favor of the United States in 1903. No one cared until a gold rush brought tens of thousands of men to Canada's Yukon, and they had to arrive through American ports. Canada needed its port and claimed that it had a legal right to a port near the present American town of Haines, Alaska. It would provide an all-Canadian route to the rich goldfields. The dispute was settled by arbitration, and the British delegate voted with the Americans—to the astonishment and disgust of Canadians who suddenly realized that Britain considered its relations with the United States paramount compared to those with Canada. The arbitrartion validated the status quo, but made Canada angry at Britain.⁶⁸ 1907 saw a minor controversy over USS Nashville sailing into the Great Lakes via Canada without Canadian permission. To head off future embarrassments, in 1909 the two sides signed the International Boundary Waters Treaty and the International Joint Commission was established to manage the Great Lakes and keep them disarmed. It was amended in World War II to allow the building and training of warships.⁶⁹ Reciprocal trade with U.S. Anti-Americanism reached a shrill peak in 1911 in Canada.⁷⁰ The Liberal government in 1911 negotiated a Reciprocity treaty with the U.S. that would lower trade barriers. Canadian manufacturing interests were alarmed that free trade would allow the bigger and more efficient American factories to take their markets. The Conservatives made it a central campaign issue in the 1911 election, warning that it would be a "sell out" to the United States with economic annexation a special danger.⁷¹ Conservative slogan was "No truck or trade with the Yankees", as they appealed to Canadian nationalism and nostalgia for the British Empire to win a major victory.⁷² Canadian autonomy Canada demanded and received permission from London to send its own delegation to the Versailles Peace Talks in 1919, with the proviso that it sign the treaty under the British Empire. Canada subsequently took responsibility for its own foreign and military affairs in the 1920s. Its first ambassador to the United States, Vincent Massey, was named in 1927. The United States first ambassador to Canada was William Phillips. Canada became an active member of the British Commonwealth, the League of Nations, and the World Court, none of which included the U.S. Relations with the United States were cordial until 1930, when Canada vehemently protested the new Smoot–Hawley Tariff Act by which the U.S. raised tariffs (taxes) on products imported from Canada. Canada retaliated with higher tariffs of its own against American products, and moved toward more trade within the British Commonwealth. U.S.–Canadian trade fell 75% as the Great Depression dragged both countries down.⁷³ ⁷⁴ Down to the 1920s the war and naval departments of both nations designed hypothetical war game scenarios with the other as an enemy. These were primarily exercises; the departments were never told to get ready for a real war. In 1921, Canada developed Defence Scheme No. 1 for an attack on American cities and for forestalling invasion by the United States until Imperial reinforcements arrived. Through the later 1920s and 1930s, the United States Army War College developed a plan for a war with the British Empire waged largely on North American territory, in War Plan Red.⁷⁵ Herbert Hoover meeting in 1927 with British Ambassador Sir Esme Howard agreed on the "absurdity of contemplating the possibility of war between the United States and the British Empire."⁷⁶ In 1938, as the roots of World War II were set in motion, U.S. President Franklin Roosevelt gave a public speech at Queens University in Kingston, Ontario, declaring that the United States would not sit idly by if another power tried to dominate Canada. Diplomats saw it as a clear warning to Germany not to attack Canada.⁷⁷ World War II The two nations cooperated closely in World War II,⁷⁸ as both nations saw new levels of prosperity and a determination to defeat the Axis powers. Prime Minister William Lyon Mackenzie King and President Franklin D. Roosevelt were determined not to repeat the mistakes of their predecessors.⁷⁹ They met in August 1940 at Ogdensburg, issuing a declaration calling for close cooperation, and formed the Permanent Joint Board on Defense (PJBD). King sought to raise Canada's international visibility by hosting the August 1943 Quadrant conference in Quebec on military and political strategy; he was a gracious host but was kept out of the important meetings by Winston Churchill and Roosevelt. Canada allowed the construction of the Alaska Highway and participated in the building of the atomic bomb. 49,000 Americans joined the RCAF (Canadian) or RAF (British) air forces through the Clayton Knight Committee, which had Roosevelt's permission to recruit in the U.S. in 1940–42.⁸⁰ American attempts in the mid-1930s to integrate British Columbia into a united West Coast military command had aroused Canadian opposition. Fearing a Japanese invasion of Canada's vulnerable coast, American officials urged the creation of a united military command for an eastern Pacific Ocean theater of war. Canadian leaders feared American imperialism and the loss of autonomy more than a Japanese invasion. In 1941, Canadians successfully argued within the PJBD for mutual cooperation rather than unified command for the West Coast.⁸¹ Newfoundland The United States built large military bases in Newfoundland, at the time, a British dominion. The American involvement ended the depression and brought new prosperity; Newfoundland's business community sought closer ties with the United States as expressed by the Economic Union Party. Ottawa took notice and wanted Newfoundland to join Canada, which it did after hotly contested referenda. There was little demand in the United States for the acquisition of Newfoundland, so the United States did not protest the British decision not to allow an American option on the Newfoundland referendum.⁸² Cold War Following co-operation in the two World Wars, Canada and the United States lost much of their previous animosity. As Britain's influence as a global imperial power declined, Canada and the United States became extremely close partners. Canada was a close ally of the United States during the Cold War. Nixon Shock 1971 The United States had become Canada's largest market, and after the war the Canadian economy became dependent on smooth trade flows with the United States so much that in 1971 when the United States enacted the "Nixon Shock" economic policies (including a 10% tariff on all imports) it put the Canadian government into a panic. This led in a large part to the articulation of Prime Minister Trudeau's "Third Option" policy of diversifying Canada's trade and downgrading the importance of Canada – United States relations. In a 1972 speech in Ottawa, Nixon declared the "special relationship" between Canada and the United States dead.⁸³ 1990s The main issues in Canada–U.S. relations in the 1990s focused on the NAFTA agreement, which was signed in 1994. It created a common market that by 2014 was worth $19 trillion, encompassed 470 million people, and had created millions of jobs.⁸⁴ Wilson says, "Few dispute that NAFTA has produced large and measurable gains for Canadian consumers, workers, and businesses." However, he adds, "NAFTA has fallen well short of expectations."⁸⁵ Anti-Americanism Further information: Anti-Americanism § Canada Since the arrival of the Loyalists as refugees from the American Revolution in the 1780s, historians have identified a constant theme of Canadian fear of the United States and of "Americanization" or a cultural takeover. In the War of 1812, for example, the enthusiastic response by French militia to defend Lower Canada reflected, according to Heidler and Heidler (2004), "the fear of Americanization."⁸⁶ Scholars have traced this attitude over time in Ontario and Quebec.⁸⁷ Canadian intellectuals who wrote about the U.S. in the first half of the 20th century identified America as the world center of modernity, and deplored it. Imperialists (who admired the British Empire) explained that Canadians had narrowly escaped American conquest with its rejection of tradition, its worship of "progress" and technology, and its mass culture; they explained that Canada was much better because of its commitment to orderly government and societal harmony. There were a few ardent defenders of the nation to the south, notably liberal and socialist intellectuals such as F. R. Scott and Jean-Charles Harvey (1891–1967).⁸⁸ Looking at television, Collins (1990) finds that it is in English Canada that fear of cultural Americanization is most powerful, for there the attractions of the U.S. are strongest.⁸⁹ Meren (2009) argues that after 1945, the emergence of Quebec nationalism and the desire to preserve French-Canadian cultural heritage led to growing anxiety regarding American cultural imperialism and Americanization.⁹⁰ In 2006 surveys showed that 60 percent of Quebecers had a fear of Americanization, while other surveys showed they preferred their current situation to that of the Americans in the realms of health care, quality of life as seniors, environmental quality, poverty, educational system, racism and standard of living. While agreeing that job opportunities are greater in America, 89 percent disagreed with the notion that they would rather be in the United States, and they were more likely to feel closer to English Canadians than to Americans.⁹¹ However, there is evidence that the elites and Quebec are much less fearful of Americanization, and much more open to economic integration than the general public.⁹¹ The history has been traced in detail by a leading Canadian historian J.L. Granatstein in Yankee Go Home: Canadians and Anti-Americanism (1997). Current studies report the phenomenon persists. Two scholars report, "Anti-Americanism is alive and well in Canada today, strengthened by, among other things, disputes related to NAFTA, American involvement in the Middle East, and the ever-increasing Americanization of Canadian culture."⁹² Jamie Glazov writes, "More than anything else, Diefenbaker became the tragic victim of Canadian anti-Americanism, a sentiment the prime minister had fully embraced by 1962. [He was] unable to imagine himself (or his foreign policy) without enemies."⁹³ Historian J. M. Bumsted says, "In its most extreme form, Canadian suspicion of the United States has led to outbreaks of overt anti-Americanism, usually spilling over against American residents in Canada."⁹⁴ John R. Wennersten writes, "But at the heart of Canadian anti-Americanism lies a cultural bitterness that takes an American expatriate unaware. Canadians fear the American media's influence on their culture and talk critically about how Americans are exporting a culture of violence in its television programming and movies."⁹⁵ However Kim Nossal points out that the Canadian variety is much milder than anti-Americanism in some other countries.⁹⁶ By contrast Americans show very little knowledge or interest one way or the other regarding Canadian affairs.⁹⁷ Canadian historian Frank Underhill, quoting Canadian playwright Merrill Denison summed it up: "Americans are benevolently ignorant about Canada, whereas Canadians are malevolently informed about the United States."⁹⁸ Relations between political executives The executive of each country is represented differently. The President of the United States serves as both the head of state and head of government, and his "administration" is the executive, while the Prime Minister of Canada is head of government only, and his or her "government" or "ministry" directs the executive. Mulroney and Reagan Relations between Brian Mulroney and Ronald Reagan were famously close. This relationship resulted in negotiations for the Canada–United States Free Trade Agreement, and the U.S.–Canada Air Quality Agreement to reduce acid-rain-causing emissions, both major policy goals of Mulroney, that would be finalized under the presidency of George H. W. Bush. Chrétien and Clinton Although Jean Chrétien was wary of appearing too close to the President, personally, he and Bill Clinton were known to be golfing partners. Their governments had many small trade quarrels over the Canadian content of American magazines, softwood lumber, and so on, but on the whole were quite friendly. Both leaders had run on reforming or abolishing NAFTA, but the agreement went ahead with the addition of environmental and labor side agreements. Crucially, the Clinton administration lent rhetorical support to Canadian unity during the 1995 referendum in Quebec on separation from Canada. Chrétien and Bush Relations between Chrétien and George W. Bush were strained throughout their overlapping times in office. After the September 11 attacks terror attacks, Jean Chrétien publicly mused that U.S. foreign policy might be part of the "root causes" of terrorism. Some Americans criticized his "smug moralism", and Chrétien's public refusal to support the 2003 Iraq war was met drew responses in the United States, especially among conservatives.⁹⁹ Harper and Bush Stephen Harper and George W. Bush were thought to share warm personal relations and also close ties between their administrations. Because Bush was so unpopular among liberals in Canada (particularly in the media), this was underplayed by the Harper government.¹⁰⁰ Shortly after being congratulated by Bush for his victory in February 2006, Harper rebuked U.S. ambassador to Canada David Wilkins for criticizing the Conservatives' plans to assert Canada's sovereignty over the Arctic Ocean waters with military force. Harper and Obama President Barack Obama's first international trip was to Canada on February 19, 2009, thereby sending a strong message of peace and cooperation.¹⁰¹ With the exception of Canadian lobbying against "Buy American" provisions in the U.S. stimulus package, relations between the two administrations were smooth. They also held friendly bets on hockey games during the Winter Olympic season. In the 2010 Winter Olympics hosted by Canada in Vancouver, Canada defeated the US in both gold medal matches, entitling Stephen Harper to receive a case of Molson Canadian beer from Barack Obama; in reverse, if Canada had lost, Harper would have provided a case of Yuengling beer to Obama.¹⁰² During the 2014 Winter Olympics, alongside U.S. Secretary of State John Kerry & Minister of Foreign Affairs John Baird, Stephen Harper was given a case of Samuel Adams beer by Obama for the Canadian gold medal victory over the US in women's hockey, and the semi-final victory over the US in men's hockey.¹⁰³ Canada-United States Regulatory Cooperation Council (RCC) (2011) On February 4, 2011, Harper and Obama issued a "Declaration on a Shared Vision for Perimeter Security and Economic Competitiveness"¹⁰⁴ ¹⁰⁵ and announced the creation of the Canada–United States Regulatory Cooperation Council (RCC) "to increase regulatory transparency and coordination between the two countries."¹⁰⁶ Health Canada and the United States Food and Drug Administration (FDA) under the RCC mandate, undertook the "first of its kind" initiative by selecting "as its first area of alignment common cold indications for certain over-the-counter antihistamine ingredients (GC 2013-01-10)."¹⁰⁷ On Wednesday, December 7, Harper flew to Washington, met with Obama and signed an agreement to implement the joint action plans that had been developed since the initial meeting in February. The plans called on both countries to spend more on border infrastructure, share more information on people who cross the border, and acknowledge more of each other's safety and security inspection on third-country traffic. An editorial in The Globe and Mail praised the agreement for giving Canada the ability to track whether failed refugee claimants have left Canada via the U.S. and for eliminating "duplicated baggage screenings on connecting flights".¹⁰⁸ The agreement is not a legally binding treaty, and relies on the political will and ability of the executives of both governments to implement the terms of the agreement. These types of executive agreements are routine—on both sides of the Canada–U.S. border. Trudeau and Obama President Barack Obama and Prime Minister Justin Trudeau first met formally at the APEC summit meeting in Manila, Philippines in November 2015, nearly a week after the latter was sworn into the office. Both leaders expressed eagerness for increased cooperation and coordination between the two countries during the course of Trudeau's government with Trudeau promising an "enhanced Canada–U.S. partnership".¹⁰⁹ On November 6, 2015, Obama announced the U.S. State Department's rejection of the proposed Keystone XL pipeline, the fourth phase of the Keystone oil pipeline system running between Canada and the United States, to which Trudeau expressed disappointment but said that the rejection would not damage Canada–U.S. relations and would instead provide a "fresh start" to strengthening ties through cooperation and coordination, saying that "the Canada–U.S. relationship is much bigger than any one project."¹¹⁰ Obama has since praised Trudeau's efforts to prioritize the reduction of climate change, calling it "extraordinarily helpful" to establish a worldwide consensus on addressing the issue.¹¹¹ Although Trudeau has told Obama his plans to withdraw Canada's McDonnell Douglas CF-18 Hornet jets assisting in the American-led intervention against ISIL, Trudeau said that Canada will still "do more than its part" in combating the terrorist group by increasing the number of Canadian special forces members training and fighting on ground in Iraq and Syria.¹¹² Trudeau visited the White House for an official visit and state dinner on March 10, 2016.¹¹³ Trudeau and Obama were reported to have shared warm personal relations during the visit, making humorous remarks about which country was better at hockey and which country had better beer.¹¹⁴ Obama complimented Trudeau's 2015 election campaign for its "message of hope and change" and "positive and optimistic vision". Obama and Trudeau also held "productive" discussions on climate change and relations between the two countries, and Trudeau invited Obama to speak in the Canadian parliament in Ottawa later in the year.¹¹⁵ Trudeau and Trump Following the victory of Donald Trump in the 2016 U.S. presidential election, Trudeau congratulated him and invited him to visit Canada at the "earliest opportunity."¹¹⁶ Military and security The Canadian military, like forces of other NATO countries, fought alongside the United States in most major conflicts since World War II, including the Korean War, the Gulf War, the Kosovo War, and most recently the war in Afghanistan. The main exceptions to this were the Canadian government's opposition to the Vietnam War and the Iraq War, which caused some brief diplomatic tensions. Despite these issues, military relations have remained close. American defense arrangements with Canada are more extensive than with any other country.¹¹⁷ The Permanent Joint Board of Defense, established in 1940, provides policy-level consultation on bilateral defense matters. The United States and Canada share North Atlantic Treaty Organization (NATO) mutual security commitments. In addition, American and Canadian military forces have cooperated since 1958 on continental air defense within the framework of the North American Aerospace Defense Command (NORAD). Canadian forces have provided indirect support for the American invasion of Iraq that began in 2003.¹¹⁸ Moreover, interoperability with the American armed forces has been a guiding principle of Canadian military force structuring and doctrine since the end of the Cold War. Canadian navy frigates, for instance, integrate seamlessly into American carrier battle groups.¹¹⁹ In commemoration of the 200th Anniversary of the War of 1812 ambassadors from Canada and the US, and naval officers from both countries gathered at the Pritzker Military Library on August 17, 2012, for a panel discussion on Canada-US relations with emphasis on national security-related matters. Also as part of the commemoration, the navies of both countries sailed together throughout the Great Lakes region.¹²⁰ War in Afghanistan Main article: Canada's role in the invasion of Afghanistan Canada's elite JTF2 unit joined American special forces in Afghanistan shortly after the al-Qaida attacks on September 11, 2001. Canadian forces joined the multinational coalition in Operation Anaconda in January 2002. On April 18, 2002, an American pilot bombed Canadian forces involved in a training exercise, killing four and wounding eight Canadians. A joint American-Canadian inquiry determined the cause of the incident to be pilot error, in which the pilot interpreted ground fire as an attack; the pilot ignored orders that he felt were "second-guessing" his field tactical decision.¹²¹ ¹²² Canadian forces assumed a six-month command rotation of the International Security Assistance Force in 2003; in 2005, Canadians assumed operational command of the multi-national Brigade in Kandahar, with 2,300 troops, and supervises the Provincial Reconstruction Team in Kandahar, where al-Qaida forces are most active. Canada has also deployed naval forces in the Persian Gulf since 1991 in support of the UN Gulf Multinational Interdiction Force.¹²³ The Canadian Embassy in Washington, DC maintains a public relations website named CanadianAlly.com, which is intended "to give American citizens a better sense of the scope of Canada's role in North American and Global Security and the War on Terror". The New Democratic Party and some recent Liberal leadership candidates have expressed opposition to Canada's expanded role in the Afghan conflict on the ground that it is inconsistent with Canada's historic role (since the Second World War) of peacekeeping operations.¹²⁴ 2003 Invasion of Iraq See also: Canada and the Iraq War and Canada and Iraq War resisters According to contemporary polls, 71% of Canadians were opposed to the 2003 invasion of Iraq.¹²⁵ Many Canadians, and the former Liberal Cabinet headed by Paul Martin (as well as many Americans such as Bill Clinton and Barack Obama),¹²⁶ made a policy distinction between conflicts in Afghanistan and Iraq, unlike the Bush Doctrine, which linked these together in a "Global war on terror". Responding to ISIS/Daesh Canada has been involved in international responses to the threats from Daesh/ISIS/ISIL in Syria and Iraq, and is a member of the Global Coalition to Counter Daesh. In October 2016, Foreign Affairs Minister Dion and National Defence Minister Sajjan meet U.S. special envoy for this coalition. The Americans thanked Canada "for the role of Canadian Armed Forces (CAF) in providing training and assistance to Iraqi security forces, as well as the CAF's role in improving essential capacity-building capabilities with regional forces."¹²⁷ Trade Main article: Canada–United States trade relations Canada and the United States have the world's largest trading relationship, with huge quantities of goods and people flowing across the border each year. Since the 1987 Canada–United States Free Trade Agreement, there have been no tariffs on most goods passed between the two countries. In the course of the softwood lumber dispute, the U.S. has placed tariffs on Canadian softwood lumber because of what it argues is an unfair Canadian government subsidy, a claim which Canada disputes. The dispute has cycled through several agreements and arbitration cases. Other notable disputes include the Canadian Wheat Board, and Canadian cultural "restrictions" on magazines and television (See CRTC, CBC, and National Film Board of Canada). Canadians have been criticized about such things as the ban on beef since a case of Mad Cow disease was discovered in 2003 in cows from the United States (and a few subsequent cases) and the high American agricultural subsidies. Concerns in Canada also run high over aspects of the North American Free Trade Agreement (NAFTA) such as Chapter 11.¹²⁸ Environmental issues A principal instrument of this cooperation is the International Joint Commission (IJC), established as part of the Boundary Waters Treaty of 1909 to resolve differences and promote international cooperation on boundary waters. The Great Lakes Water Quality Agreement of 1972 is another historic example of joint cooperation in controlling trans-border water pollution.¹²⁹ However, there have been some disputes. Most recently, the Devil's Lake Outlet, a project instituted by North Dakota, has angered Manitobans who fear that their water may soon become polluted as a result of this project. Beginning in 1986 the Canadian government of Brian Mulroney began pressing the Reagan administration for an "Acid Rain Treaty" in order to do something about U.S. industrial air pollution causing acid rain in Canada. The Reagan administration was hesitant, and questioned the science behind Mulroney's claims. However, Mulroney was able to prevail. The product was the signing and ratification of the Air Quality Agreement of 1991 by the first Bush administration. Under that treaty, the two governments consult semi-annually on trans-border air pollution, which has demonstrably reduced acid rain, and they have since signed an annex to the treaty dealing with ground level ozone in 2000.¹³⁰ ¹³¹ ¹³² ¹³³ Despite this, trans-border air pollution remains an issue, particularly in the Great Lakes-St. Lawrence watershed during the summer. The main source of this trans-border pollution results from coal-fired power stations, most of them located in the Midwestern United States.¹³⁴ As part of the negotiations to create NAFTA, Canada and the U.S. signed, along with Mexico, the North American Agreement On Environmental Cooperation which created the Commission for Environmental Cooperation which monitors environmental issues across the continent, publishing the North American Environmental Atlas as one aspect of its monitoring duties.¹³⁵ Currently neither of the countries' governments support the Kyoto Protocol, which set out time scheduled curbing of greenhouse gas emissions. Unlike the United States, Canada has ratified the agreement. Yet after ratification, due to internal political conflict within Canada, the Canadian government does not enforce the Kyoto Protocol, and has received criticism from environmental groups and from other governments for its climate change positions. In January 2011, the Canadian minister of the environment, Peter Kent, explicitly stated that the policy of his government with regards to greenhouse gas emissions reductions is to wait for the United States to act first, and then try to harmonize with that action - a position that has been condemned by environmentalists and Canadian nationalists, and as well as scientists and government think-tanks.¹³⁶ ¹³⁷ Newfoundland fisheries dispute The United States and Britain, had a long-standing dispute about the rights of Americans fishing in the waters near Newfoundland.¹³⁸ Before 1776, there was no question that American fishermen, mostly from Massachusetts, had rights to use the waters off Newfoundland. In the peace treaty negotiations of 1783, the Americans insisted on a statement of these rights. However, France, an American ally, disputed the American position because France had its own specified rights in the area and wanted them to be exclusive.¹³⁹ The Treaty of Paris (1783) gave the Americans not rights, but rather "liberties" to fish within the territorial waters of British North America and to dry fish on certain coasts. After the War of 1812, the Convention of 1818 between the United States and Britain specified exactly what liberties were involved.¹⁴⁰ Canadian and Newfoundland fishermen contested these liberties in the 1830s and 1840s. The Canadian–American Reciprocity Treaty of 1854, and the Treaty of Washington of 1871 spelled-out the liberties in more detail. However the Treaty of Washington expired in 1885, and there was a continuous round of disputes over jurisdictions and liberties. Britain and the United States sent the issue to the Permanent Court of Arbitration in The Hague in 1909. It produced a compromise settlement that permanently ended the problems.¹⁴¹ ¹⁴² Illicit drugs Main articles: Drug policy of the United States and Drug policy of Canada In 2003 the American government became concerned when members of the Canadian government announced plans to decriminalize marijuana. David Murray, an assistant to U.S. Drug Czar John P. Walters, said in a CBC interview that, "We would have to respond. We would be forced to respond."¹⁴³ However the election of the Conservative Party in early 2006 halted the liberalization of marijuana laws for the foreseeable future. A 2007 joint report by American and Canadian officials on cross-border drug smuggling indicated that, despite their best efforts, "drug trafficking still occurs in significant quantities in both directions across the border. The principal illicit substances smuggled across our shared border are MDMA (Ecstasy), cocaine, and marijuana."¹⁴⁴ The report indicated that Canada was a major producer of Ecstasy and marijuana for the U.S. market, while the U.S. was a transit country for cocaine entering Canada. Diplomacy Views of presidents and prime ministers Presidents and prime ministers typically make formal or informal statements that indicate the diplomatic policy of their administration. Diplomats and journalists at the time—and historians since—dissect the nuances and tone to detect the warmth or coolness of the relationship. - Prime Minister John A. Macdonald, speaking at the beginning of the 1891 election (fought mostly over Canadian free trade with the United States), arguing against closer trade relations with the U.S. stated "As for myself, my course is clear. A British subject I was born—a British subject I will die. With my utmost effort, with my latest breath, will I oppose the 'veiled treason' which attempts by sordid means and mercenary proffers to lure our people from their allegiance." (February 3, 1891.¹⁴⁵ ) Canada's first Prime Minister also said: It has been said that the United States Government is a failure. I don't go so far. On the contrary, I consider it a marvelous exhibition of human wisdom. It was as perfect as human wisdom could make it, and under it the American States greatly prospered until very recently; but being the work of men it had its defects, and it is for us to take advantage by experience, and endeavor to see if we cannot arrive by careful study at such a plan as will avoid the mistakes of our neighbors. In the first place we know that every individual state was an individual sovereignty—that each had its own army and navy and political organization - and when they formed themselves into a confederation they only gave the central authority certain specific rights appertaining to sovereign powers. The dangers that have risen from this system we will avoid if we can agree upon forming a strong central government—a great Central Legislature—a constitution for a Union which will have all the rights of sovereignty except those that are given to the local governments. Then we shall have taken a great step in advance of the American Republic. (September 12, 1864) - Prime Minister John Sparrow Thompson, angry at failed trade talks in 1888, privately complained to his wife, Lady Thompson, that "These Yankee politicians are the lowest race of thieves in existence."¹⁴⁶ - After the World War II years of close military and economic cooperation, President Harry S. Truman said in 1947 that "Canada and the United States have reached the point where we can no longer think of each other as 'foreign' countries."¹⁴⁷ - President John F. Kennedy told Parliament in Ottawa in May 1961 that "Geography has made us neighbors. History has made us friends. Economics has made us partners. And necessity has made us allies. Those whom nature hath so joined together, let no man put asunder."¹⁴⁸ - President Lyndon Johnson helped open Expo '67 with an upbeat theme, saying that "We of the United States consider ourselves blessed. We have much to give thanks for. But the gift of providence we cherish most is that we were given as our neighbours on this wonderful continent the people and the nation of Canada." Remarks at Expo '67, Montreal, May 25, 1967.¹⁴⁹ - Prime Minister Pierre Elliot Trudeau famously said that being America's neighbour "is like sleeping with an elephant. No matter how friendly and even-tempered the beast, if one can call it that, one is affected by every twitch and grunt."¹⁵⁰ ¹⁵¹ - Prime Minister Pierre Elliot Trudeau, sharply at odds with the U.S. over Cold War policy, warned at a press conference in 1971 that the overwhelming American presence posed "a danger to our national identity from a cultural, economic and perhaps even military point of view."¹⁵² - President Richard Nixon, in a speech to Parliament in 1972 was angry at Trudeau, declared that the "special relationship" between Canada and the United States was dead. "It is time for us to recognize," he stated, "that we have very separate identities; that we have significant differences; and that nobody's interests are furthered when these realities are obscured."¹⁵³ - In late 2001, President George W. Bush did not mention Canada during a speech in which he thanked a list of countries who had assisted in responding to the events of September 11, although Canada had provided military, financial, and other support.¹⁵⁴ Ten years later, David Frum, one of President Bush's speechwriters, stated that it was an unintentional omission.¹⁵⁵ - Prime Minister Stephen Harper, in a statement congratulating Barack Obama on his inauguration, stated that "The United States remains Canada's most important ally, closest friend and largest trading partner and I look forward to working with President Obama and his administration as we build on this special relationship."¹⁵⁶ - President Barack Obama, speaking in Ottawa at his first official international visit in February 19, 2009, said, "I love this country. We could not have a better friend and ally."¹⁵⁷ Canadian public opinion on U.S. presidents United States President George W. Bush was "deeply disliked" by a majority of Canadians according to the Arizona Daily Sun. A 2004 poll found that more than two thirds of Canadians favoured Democrat John Kerry over Bush in the 2004 presidential election, with Bush's lowest approval ratings in Canada being in the province of Quebec where just 11% of the population supported him.¹⁵⁸ Canadian public opinion of Barack Obama was significantly more positive. A 2012 poll found that 65% of Canadians would vote for Obama in the 2012 presidential election "if they could" while only 9% of Canadians would vote for his Republican opponent Mitt Romney. The same study found that 61% of Canadians felt that the Obama administration had been "good" for America, while only 12% felt it had been "bad". Similarly, a Pew Research poll conducted in June 2016 found that 83% of Canadians were "confident in Obama to do the right thing regarding world affairs".¹⁵⁹ The study also found that a majority of members of all three major Canadian political parties supported Obama, and also found that Obama had slightly higher approval ratings in Canada in 2012 than he did in 2008. John Ibbitson of The Globe and Mail stated in 2012 that Canadians generally supported Democratic presidents over Republican presidents, citing how President Richard Nixon was "never liked" in Canada and that Canadians generally did not approve of Prime Minister Brian Mulroney's friendship with President Ronald Reagan.¹⁶⁰ A March 2016 poll conducted by Nanos Research examining Canadian public opinion on the 2016 presidential election determined that 37% of Canadians supported Hillary Clinton, 27% supported Bernie Sanders, 7% supported Donald Trump, 5% supported Ted Cruz, and 4% supported Marco Rubio.¹⁶¹ A poll conducted in May 2016 by Finder.com found that 31% percent supported Sanders, 29% supported Clinton, 14% supported Trump, and 4% supported Cruz, while 22% of respondents chose "other" or "unsure".¹⁶² Territorial disputes See also: List of areas disputed by Canada and the United States These include maritime boundary disputes: - Dixon Entrance - Beaufort Sea - Strait of Juan de Fuca - San Juan Islands - Machias Seal Island and North Rock Territorial land disputes: - Aroostook War (Maine boundary) - Alaska Boundary Dispute - Pig War and disputes over the international status of the: - Northwest Passage - Inside Passage Arctic disputes A long-simmering dispute between Canada and the U.S. involves the issue of Canadian sovereignty over the Northwest Passage (the sea passages in the Arctic). Canada's assertion that the Northwest Passage represents internal (territorial) waters has been challenged by other countries, especially the U.S., which argue that these waters constitute an international strait (international waters). Canadians were alarmed when Americans drove the reinforced oil tanker Manhattan through the Northwest Passage in 1969, followed by the icebreaker Polar Sea in 1985, which actually resulted in a minor diplomatic incident. In 1970, the Canadian parliament enacted the Arctic Waters Pollution Prevention Act, which asserts Canadian regulatory control over pollution within a 100-mile zone. In response, the United States in 1970 stated, "We cannot accept the assertion of a Canadian claim that the Arctic waters are internal waters of Canada. ... Such acceptance would jeopardize the freedom of navigation essential for United States naval activities worldwide." A compromise of sorts was reached in 1988, by an agreement on "Arctic Cooperation," which pledges that voyages of American icebreakers "will be undertaken with the consent of the Government of Canada." However the agreement did not alter either country's basic legal position. Paul Cellucci, the American ambassador to Canada, in 2005 suggested to Washington that it should recognize the straits as belonging to Canada. His advice was rejected and Harper took opposite positions. The U.S. opposes Harper's proposed plan to deploy military icebreakers in the Arctic to detect interlopers and assert Canadian sovereignty over those waters.¹⁶³ ¹⁶⁴ See also: Beaufort Sea § Border dispute Common memberships Canada and the United States both hold membership in a number of multinational organizations such as: - Arctic Council - Asia-Pacific Economic Cooperation - Canadian Football League - CONCACAF - FIBA - FIFA - Food and Agriculture Organization - G7 - G-10 - G-20 major economies - International Chamber of Commerce - International Development Association - International Ice Hockey Federation - International Monetary Fund - International Olympic Committee - Interpol - Major League Baseball - Major League Soccer - National Basketball Association - National Football League - National Hockey League - National Lacrosse League - North American Free Trade Agreement - North American Aerospace Defense Command - North American Numbering Plan - North Atlantic Treaty Organization - Organization of American States - Organisation for Economic Co-operation and Development - Security and Prosperity Partnership of North America - UKUSA Community - United Nations - UNESCO - World Bowling - World Health Organization - World Trade Organization - World Bank Diplomatic missions Canadian missions in the United States Embassy of Canada in Washington, D.C. Embassy of the United States in Ottawa Canada's chief diplomatic mission to the United States is the Canadian Embassy in Washington, D.C.. It is further supported by many consulates located through United States.¹⁶⁵ The Canadian Government maintains consulates-general in several major U.S. cities including: Atlanta, Boston, Chicago, Dallas, Denver, Detroit, Los Angeles, Miami, Minneapolis, New York City, San Francisco and Seattle. Canadian consular services are also available in Honolulu at the consulate of Australia through the Canada–Australia Consular Services Sharing Agreement. There are also Canadian trade offices located in Houston, Palo Alto and San Diego. U.S. missions in Canada The United States's chief diplomatic mission to Canada is the United States Embassy in Ottawa. It is further supported by many consulates located throughout Canada.¹⁶⁶ The U.S government maintains consulates-general in several major Canadian cities including:Calgary, Halifax, Montreal, Quebec City, Toronto, Vancouver and Winnipeg. The United States also maintains Virtual Presence Posts (VPP) in the: Northwest Territories, Nunavut, Southwestern Ontario and Yukon. See also - Comparison of Canadian and American economies - Continental One Highway - Definitions of Canadian borders - Etiquette in Canada and the United States - Foreign relations of Canada - Foreign relations of the United States - Garrison mentality - Security and Prosperity Partnership of North America - United States Border Patrol interior checkpoints References [1] James Cudmore. "Canadian military explored plan to fully integrate forces with U.S. - Politics - CBC News". Cbc.ca. Retrieved 2017-01-04. [2] "George W. Bush: 'Canada, Mexico and US Should Merge'". The Daily Bell. Retrieved 2017-01-04. 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[157] "Obama declares love for Canada, banishes Bush era". Reuters. February 19, 2009. [158] "Poll: Deep anti-Bush sentiment in Canada". Arizona Daily Sun. October 20, 2004. Retrieved April 27, 2016. [159] Wike, Richard; Poushter, Jacob; Zainulbhai, Hani (June 29, 2016). "2. Obama's international image remains strong in Europe and Asia". Pewglobal.org. [160] "Who do Canadians want to vote for? Barack Obama". The Globe and Mail. Retrieved April 27, 2016. [161] "CTV News Channel: Nanos on the Numbers | CTV News". Ctvnews.ca. 2014-09-09. Retrieved 2016-08-27. [162] "Canadians choose Bernie Sanders over Hillary Clinton, survey suggests - National". Globalnews.ca. 2016-05-10. Retrieved 2016-08-27. [163] Matthew Carnaghan, Allison Goody, "Canadian Arctic Sovereignty" (Library of Parliament: Political and Social Affairs Division, January 26, 2006); 2006 news [164] "Cellucci: Canada should control Northwest Passage". CTV.ca. Archived from the original on 2011-02-22. Retrieved February 26, 2011. [165] "Canadian Government offices in the U.S". Canadainternational.gc.ca. April 5, 2015. Retrieved April 5, 2015. [166] "American Government offices in Canada". Canada.usembassy.gov. Retrieved February 26, 2011. Further reading - Anderson, Greg; Christopher Sands (2011). Forgotten Partnership Redux: Canada-U.S. Relations in the 21st Century. Cambria Press. ISBN 978-1-60497-762-2. Retrieved 2015-11-06. - Azzi, Stephen. Reconcilable Differences: A History of Canada-US Relations (Oxford University Press, 2014) - Behiels, Michael D. and Reginald C. Stuart, eds. Transnationalism: Canada-United States History into the Twenty-First Century (McGill-Queen's University Press, 2010) 312 pp. online 2012 review - Bothwell, Robert. Your Country, My Country: A Unified History of the United States and Canada (2015), 400 pages; traces relations, shared values, and differences across the centuries - Doran, Charles F., and James Patrick Sewell, "Anti-Americanism in Canada," Annals of the American Academy of Political and Social Science, Vol. 497, Anti-Americanism: Origins and Context (May 1988), pp. 105–119 in JSTOR - Clarkson, Stephen. Uncle Sam and Us: Globalization, Neoconservatism and the Canadian State (University of Toronto Press, 2002) - Engler, Yves"The Black Book of Canadian Foreign Policy". Co-published: RED Publishing, Fernwood Publishing. April 2009. ISBN 978-1-55266-314-1. - Ek, Carl, and Ian F. Fergusson. Canada-U.S. Relations (Congressional Research Service, 2010) 2010 Report, by an agency of the U.S. Congress + "Report Highlight" of 2010 report - Granatstein, J. L. Yankee Go Home: Canadians and Anti-Americanism (1997) - Granatstein, J. L. and Norman Hillmer, For Better or for Worse: Canada and the United States to the 1990s (1991) - Gravelle, Timothy B. "Partisanship, Border Proximity, and Canadian Attitudes toward North American Integration." International Journal of Public Opinion Research (2014) 26#4 pp: 453-474. - Gravelle, Timothy B. "Love Thy Neighbo (u) r? Political Attitudes, Proximity and the Mutual Perceptions of the Canadian and American Publics." Canadian Journal of Political Science (2014) 47#1 pp: 135-157. - Hale, Geoffrey. So Near Yet So Far: The Public and Hidden Worlds of Canada-US Relations (University of British Columbia Press, 2012); 352 pages focus on 2001-2011 - Holland, Kenneth. "The Canada–United States defence relationship: a partnership for the twenty-first century." Canadian Foreign Policy Journal ahead-of-print (2015): 1-6. online - Holmes, Ken. "The Canadian Cognitive Bias and its Influence on Canada/US Relations." International Social Science Review (2015) 90#1 online. - Holmes, John W. "Impact of Domestic Political Factors on Canadian-American Relations: Canada," International Organization, Vol. 28, No. 4, Canada and the United States: Transnational and Transgovernmental Relations (Autumn, 1974), pp. 611–635 in JSTOR - Innes, Hugh, ed. Americanization: Issues for the Seventies (McGraw-Hill Ryerson, 1972). ISBN 0-07-092943-2; re 1970s - Lennox, Patrick. At Home and Abroad: The Canada-U.S. Relationship and Canada's Place in the World (University of British Columbia Press; 2010) 192 pages; the post–World War II period. - Little, John Michael. "Canada Discovered: Continentalist Perceptions of the Roosevelt Administration, 1939-1945," PhD dissertation. Dissertation Abstracts International, 1978, Vol. 38 Issue 9, p5696-5697 - Lumsden, Ian, ed. The Americanization of Canada, ed. ... for the University League for Social Reform (U of Toronto Press, 1970). ISBN 0-8020-6111-7 - McKercher, Asa. Camelot and Canada: Canadian-American Relations in the Kennedy Era (Oxford UP, 2016). xii, 298 pp. - Graeme S. Mount and Edelgard Mahant, An Introduction to Canadian-American Relations (1984, updated 1989) - Molloy, Patricia. Canada/US and Other Unfriendly Relations: Before and After 9/11 (Palgrave Macmillan; 2012) 192 pages; essays on various "myths" - Mount, Graeme S. and Edelgard Mahant, Invisible and Inaudible in Washington: American Policies toward Canada during the Cold War (1999) - Muirhead, Bruce. "From Special Relationship to Third Option: Canada, the U.S., and the Nixon Shock," American Review of Canadian Studies, Vol. 34, 2004 online edition - Myers, Phillip E. Dissolving Tensions: Rapprochement and Resolution in British-American-Canadian Relations in the Treaty of Washington Era, 1865–1914 (Kent State UP, 2015). x, 326 pp. - Pederson, William D. ed. A Companion to Franklin D. Roosevelt (2011) online pp 517–41, covers FDR's policies - Stuart, Reginald C. Dispersed Relations: Americans and Canadians in Upper North America (2007) excerpt and text search - Tagg, James.. "'And, We Burned down the White House, Too': American History, Canadian Undergraduates, and Nationalism," The History Teacher, 37#3 (May 2004), pp. 309–334 in JSTOR - Tansill, C. C. Canadian-American Relations, 1875-1911 (1943) - Thompson, John Herd, and Stephen J. Randall. Canada and the United States: Ambivalent Allies (4th ed. McGill-Queen's UP, 2008), 387pp, the standard scholarly survey Primary sources - Gallagher, Connell. "The Senator George D. Aiken Papers: Sources for the Study of Canadian-American Relations, 1930-1974." Archivaria 1#21 (1985) pp 176–79 online. External links - History of Canada - U.S. relations - Canadian Embassy in Washington, D.C. - Embassy of the United States of America in Ottawa - Canadian Association of New York - Canada and the United States, by Stephen Azzi and J.L. Granatstein - Canadian-American Relations, by John English Economy Economy of Canada Canada has the 10th (nominal) or 15th-largest (PPP) economy in the world (measured in US dollars at market exchange rates), is one of the world's wealthiest nations, and is a member of the Organization for Economic Co-operation and Development (OECD) and Group of Seven (G7). As with other developed nations, the Canadian economy is dominated by the service industry, which employs about three quarters of Canadians.¹⁹ Canada is unusual among developed countries in the importance of the primary sector, with the logging and oil industries being two of Canada's most important. Canada also has a sizable manufacturing sector, based in Central Canada, with the automobile industry and aircraft industry being especially important. With a long coastline, Canada has the 8th largest commercial fishing and seafood industry in the world.²⁰ ²¹ Canada is one of the global leaders of the entertainment software industry.²² Overview With the exception of a few big island nations in the Caribbean, Canada is the only major parliamentary democracy in the western hemisphere. As a result, Canada has developed its own social and political institutions, distinct from most other countries in the world.²³ Though the Canadian economy is closely integrated with the American economy, it has developed unique economic institutions. The Canadian economic system generally combines elements of private enterprise and public enterprise. Many aspects of public enterprise, most notably the development of an extensive social welfare system to redress social and economic inequities, were adopted after the end of World War Two in 1945.²³ Canada has a private to public (Crown) property ratio of 60:40 and one of the highest levels of economic freedom in the world. Today Canada closely resembles the U.S. in its market-oriented economic system and pattern of production.²⁴ As of February 2013, Canada's national unemployment rate stood at 7.0%,²⁵ as the economy continues its recovery from the effects of the financial crisis of 2007–08. In May 2010, provincial unemployment rates varied from a low of 5.0% in Saskatchewan to a high of 13.8% in Newfoundland and Labrador.²⁶ According to the Forbes Global 2000 list of the world's largest companies in 2008, Canada has 69 companies in the list, ranking 5th next to France.²⁷ International trade makes up a large part of the Canadian economy, particularly of its natural resources. In 2009, agriculture, energy, forestry and mining exports accounted for about 58% of Canada's total exports.²⁸ Machinery, equipment, automotive products and other manufactures accounted for a further 38% of exports in 2009.²⁸ In 2009, exports accounted for approximately 30% of Canada's GDP. The United States is by far its largest trading partner, accounting for about 73% of exports and 63% of imports as of 2009.²⁹ Canada's combined exports and imports ranked 8th among all nations in 2006.³⁰ Approximately 4% of Canadians are directly employed in primary resource fields, and they account for 6.2% of GDP.³¹ They are still paramount in many parts of the country. Many, if not most, towns in northern Canada, where agriculture is difficult, exist because of a nearby mine or source of timber. Canada is a world leader in the production of many natural resources such as gold, nickel, uranium, diamonds, lead, and in recent years, crude petroleum, which, with the world's second-largest oil reserves, is taking an increasingly prominent position in natural resources extraction. Several of Canada's largest companies are based in natural resource industries, such as EnCana, Cameco, Goldcorp, and Barrick Gold. The vast majority of these products are exported, mainly to the United States. There are also many secondary and service industries that are directly linked to primary ones. For instance one of Canada's largest manufacturing industries is the pulp and paper sector, which is directly linked to the logging business. The reliance on natural resources has several effects on the Canadian economy and Canadian society. While manufacturing and service industries are easy to standardize, natural resources vary greatly by region. This ensures that differing economic structures developed in each region of Canada, contributing to Canada's strong regionalism. At the same time the vast majority of these resources are exported, integrating Canada closely into the international economy. Howlett and Ramesh argue that the inherent instability of such industries also contributes to greater government intervention in the economy, to reduce the social impact of market changes.³² Natural resource industries also raise important questions of sustainability. Despite many decades as a leading producer, there is little risk of depletion. Large discoveries continue to be made, such as the massive nickel find at Voisey's Bay. Moreover, the far north remains largely undeveloped as producers await higher prices or new technologies as many operations in this region are not yet cost effective. In recent decades Canadians have become less willing to accept the environmental destruction associated with exploiting natural resources. High wages and Aboriginal land claims have also curbed expansion. Instead many Canadian companies have focused their exploration, exploitation and expansion activities overseas where prices are lower and governments more amenable. Canadian companies are increasingly playing important roles in Latin America, Southeast Asia, and Africa. The depletion of renewable resources has raised concerns in recent years. After decades of escalating overutilization the cod fishery all but collapsed in the 1990s, and the Pacific salmon industry also suffered greatly. The logging industry, after many years of activism, has in recent years moved to a more sustainable model, or to other countries. Measuring productivity Productivity measures are key indicators of economic performance and a key source of economic growth and competitiveness. The Organisation for Economic Co-operation and Development (OECD)[notes 1] The OECD Compendium of Productivity Indicators,³⁴ published annually, presents a broad overview of productivity levels and growth in member nations, highlighting key measurement issues. It analyses the role of "productivity as the main driver of economic growth and convergence" and the "contributions of labour, capital and MFP in driving economic growth."³⁴ According to the definition above "MFP is often interpreted as the contribution to economic growth made by factors such as technical and organisational innovation" (OECD 2008,11). Measures of productivity include Gross Domestic Product (GDP)(OECD 2008,11) and multifactor productivity. Gross Domestic Product (GDP) The OECD provides data for example comparing labour productivity levels in the total economy of each member nation. In their 2011 report Canada's Gross Domestic Product (GDP) was $CDN 1,720,748 million.³⁵ In the International Monetary Fund's (IMF) quarterly World Economic Outlook released in April 2015, the IMF forecast that Canada's real gross domestic product (GDP) would grow 2.2 percent. In the July World Economic Outlook the IMF forecast that Canada's real GDP would grow by 1.5 per cent in 2015.³⁶ According to CTV News real estate accounts for half of all GDP growth.³⁷ Multifactor productivity (MFP) Another productivity measure, used by the OECD, is the long-term trend in multifactor productivity (MFP) also known as total factor productivity (TFP). This indicator assesses an economy's "underlying productive capacity ("potential output"), itself an important measure of the growth possibilities of economies and of inflationary pressures." MFP measures the residual growth that cannot be explained by the rate of change in the services of labour, capital and intermediate outputs, and is often interpreted as the contribution to economic growth made by factors such as technical and organisational innovation. (OECD 2008,11) According to the OECD's annual economic survey of Canada in June 2012, Canada has experienced weak growth of multi-factor productivity (MFP) and has been declining further since 2002. One of the ways MFP growth is raised is by boosting innovation and Canada's innovation indicators such as business R&D and patenting rates were poor. Raising MFP growth, is "needed to sustain rising living standards, especially as the population ages."³⁸ Bank of Canada Inflation targeting The Bank of Canada, a federal crown corporation, has the responsibility of Canada's monetary system. During the period that John Crow was Governor of the Bank of Canada—1987 to 1994— there was a worldwide recession and the bank rate rose to around 14% and unemployment topped 11%.³⁹ In 1991, with Prime Minister Brian Mulroney in office, the federal government and the Bank of Canada announced a new inflation targeting monetary policy that has been the cornerstone of Canada's monetary and fiscal policy ever since.⁴⁰ ⁴¹ Although since that time inflation-targeting has been adopted by "most advanced-world central banks",⁴² in 1991 it was innovative and Canada was an early adopter when the then-Finance Minister Michael Wilson approved the Bank of Canada's first inflation-targeting in the 1991 federal budget.⁴² The inflation target was set at 2 per cent, which is the midpoint of an inflation range of 1 to 3 per cent. They established a set of inflation-reduction targets in order to keep inflation "low, stable and predictable" and to foster "confidence in the value of money," contribute to Canada's sustained growth, employment gains and improved standard of living.⁴⁰ Inflation is measured by the total consumer price index (CPI). In 2011 the Government of Canada and the Bank of Canada extended Canada's inflation-control target to December 31, 2016.⁴⁰ The Bank of Canada uses three unconventional instruments to achieve the inflation target: "a conditional statement on the future path of the policy rate," quantitative easing, and credit easing.⁴³ As a result, interest rates and inflation eventually came down along with the value of the Canadian dollar.³⁹ From 1991 to 2011 the inflation-targeting regime kept "price gains fairly reliable."⁴² Following the Financial crisis of 2007–08 the narrow focus of inflation-targeting as a means of providing stable growth in the Canadian economy, was questioned. By 2011, the then-Bank of Canada Governor Mark Carney argued that the central bank's mandate would allow for a more flexible inflation-targeting in specific situations where he would consider taking longer "than the typical six to eight quarters to return inflation to 2 per cent."⁴² The central bank— the Bank of Canada— issues its rate announcement through its Monetary Policy Report which is released eight times a year.⁴⁰ On July 15, 2015 the Bank of Canada announced that it was lowering its target for the overnight rate by another one-quarter percentage point, to 0.5 per cent⁴⁴ "to try to stimulate an economy that appears to have failed to rebound meaningfully from the oil shock woes that dragged it into decline in the first quarter."³⁶ According to the Bank of Canada announcement, in the first quarter of 2015, the total Consumer price index (CPI) inflation was about 1 per cent. This reflects "year-over-year price declines for consumer energy products." Core inflation in the first quarter of 2015 was about 2 per cent with an underlying trend in inflation at about 1.5 to 1.7 per cent.⁴⁴ In response to the Bank of Canada's July 15, 2015 rate adjustment, Prime Minister Stephen Harper explained that the Canadian economy was being dragged down by forces beyond Canadian borders such as global oil prices, the European debt crisis, and China's economic slowdown" which has made the global economy "fragile."⁴⁵ The Chinese stock market had lost about US$3 trillion of wealth by July 2015 when panicked investors sold stocks, which created declines in the commodities markets, which in turn negatively impacted resource-producing countries like Canada.⁴⁶ Key industries In 2012, the Canadian economy had the following relative weighting by industry, as percentage value of GDP:³¹ - 12.34 Real estate and rental and leasing - 10.86 Manufacturing - 07.96 Mining, quarrying and oil or gas extraction - 07.03 Health care and social assistance - 06.90 Public administration - 06.55 Finance and insurance - 05.41 Wholesale trade - 05.41 Retail trade - 05.38 Educational services - 05.21 Professional scientific and technical services - 04.20 Transportation and warehousing - 03.31 Information and cultural industries - 02.58 Administrative and support, waste management and remediation services - 02.46 Utilities - 02.10 Accommodation and food services - 02.04 Other services (except public administration) - 01.59 Agriculture, forestry, fishing and hunting - 00.76 Management of companies and enterprises - 00.75 Arts, entertainment and recreation Service sector The service sector in Canada is vast and multifaceted, employing about three quarters of Canadians and accounting for 70% of GDP.⁴⁷ The largest employer is the retail sector, employing almost 12% of Canadians.⁴⁸ The retail industry is mainly concentrated in a small number of chain stores clustered together in shopping malls. In recent years, there has been an increase in the number of big-box stores, such as Wal-Mart (of the United States), Real Canadian Superstore, and Best Buy (of the United States). This has led to fewer workers in this sector and a migration of retail jobs to the suburbs. The second largest portion of the service sector is the business service and hire only a slightly smaller percentage of the population. This includes the financial services, real estate, and communications industries. This portion of the economy has been rapidly growing in recent years. It is largely concentrated in the major urban centres, especially Toronto, Montreal and Vancouver (see Banking in Canada). The education and health sectors are two of Canada's largest, but both are largely under the influence of the government. The health care industry has been quickly growing, and is the third largest in Canada. Its rapid growth has led to problems for governments who must find money to fund it. Canada has an important high tech industry, and a burgeoning film, television, and entertainment industry creating content for local and international consumption (see Media in Canada).⁴⁹ Tourism is of ever increasing importance, with the vast majority of international visitors coming from the United States. Though the recent strength of the Canadian Dollar has hurt this sector, other nations such as China have increased tourism to Canada. Casino gaming is currently the fastest-growing component of the Canadian tourism industry, contributing $5 billion in profits for Canadian governments and employing 41,000 Canadians as of 2001.⁵⁰ Manufacturing The general pattern of development for wealthy nations was a transition from a primary industry based economy to a manufacturing based one, and then to a service based economy. Canada did not escape this pattern - at its (abnormally high World War II) peak in 1944, manufacturing accounted for 29% of GDP,⁵¹ declining to 15.6% in 2005. Canada has not suffered as greatly as most other rich, industrialized nations from the pains of the relative decline in the importance of manufacturing since the 1960s.⁵² A 2009 study by Statistics Canada also found that, while manufacturing declined as a relative percentage of GDP from 24.3% in the 1960s to 15.6% in 2005, manufacturing volumes between 1961 and 2005 kept pace with the overall growth in the volume index of GDP.⁵³ Manufacturing in Canada was especially hit hard by the financial crisis of 2007–08. As of 2010, manufacturing accounts for 13% of Canada's GDP,³¹ a relative decline of more than 2% of GDP since 2005. Central Canada is home to branch plants to all the major American and Japanese automobile makers and many parts factories owned by Canadian firms such as Magna International and Linamar Corporation. Central Canada today produces more vehicles each year than the neighbouring U.S. state of Michigan, the heart of the American automobile industry. Manufacturers have been attracted to Canada due to the highly educated population with lower labour costs than the United States. Canada's publicly funded health care system is also an important attraction, as companies are exempt from the high health insurance costs US firms pay, though they are offset by corporate health care taxes. Much of the Canadian manufacturing industry consists of branch plants of United States firms, though there are some important domestic manufacturers, such as Bombardier Inc.. This has raised several concerns for Canadians. Branch plants provide mainly blue collar jobs, with research and executive positions confined to the United States. Energy See also: Petroleum production in Canada Canada is one of the few developed nations that is a net exporter of energy - in 2009 net exports of energy products amounted to 2.9% of GDP. Most important are the large oil and gas resources centred in Alberta and the Northern Territories, but also present in neighbouring British Columbia and Saskatchewan. The vast Athabasca oil sands give Canada the world's third largest reserves of oil after Saudi Arabia and Venezuela according to USGS. In British Columbia and Quebec, as well as Ontario, Saskatchewan, Manitoba and the Labrador region, hydroelectric power is an inexpensive and relatively environmentally friendly source of abundant energy. In part because of this, Canada is also one of the world's highest per capita consumers of energy.⁵⁴ ⁵⁵ Cheap energy has enabled the creation of several important industries, such as the large aluminium industries in British Columbia ⁵⁶ and Quebec.⁵⁷ Historically, an important issue in Canadian politics is the interplay between the oil and energy industry in Western Canada and the industrial heartland of Southern Ontario. Foreign investment in Western oil projects has fueled Canada's rising dollar. This has raised the price of Ontario's manufacturing exports and made them less competitive, a problem similar to the decline of the manufacturing sector in the Netherlands.⁵⁸ ⁵⁹ Also, Ontario has relatively fewer native sources of power. However, it is cheaper for Alberta to ship its oil to the western United States than to eastern Canada. The eastern Canadian ports thus import significant quantities of oil from overseas, and Ontario makes significant use of nuclear power. The National Energy Policy of the early 1980s attempted to force Alberta to sell low priced oil to eastern Canada. This policy proved deeply divisive, and quickly lost its importance as oil prices collapsed in the mid-1980s. One of the most controversial sections of the Canada-United States Free Trade Agreement of 1988 was a promise that Canada would never charge the United States more for energy than fellow Canadians. Agriculture Main article: Agriculture in Canada Canada is also one of the world's largest suppliers of agricultural products, particularly of wheat and other grains.⁶⁰ Canada is a major exporter of agricultural products, to the United States and Asia. As with all other developed nations the proportion of the population and GDP devoted to agriculture fell dramatically over the 20th century. As with other developed nations, the Canadian agriculture industry receives significant government subsidies and supports. However, Canada has been a strong supporter of reducing market influencing subsidies through the World Trade Organization. In 2000, Canada spent approximately CDN$4.6 billion on supports for the industry. Of this, $2.32 billion was classified under the WTO designation of "green box" support, meaning it did not directly influence the market, such as money for research or disaster relief. All but $848.2 million were subsidies worth less than 5% of the value of the crops they were provided for. Free trade agreements Main article: Free trade agreements of Canada Free Trade Agreements in force⁶¹ - Canada-U.S. Free Trade Agreement (Signed 12-Oct-1987, entered into force 01-Jan-1989, later superseded by NAFTA) - North American Free Trade Agreement (Entered into force 01-Jan-1994, includes Canada, U.S. and Mexico) - Canada-Israel Free Trade Agreement (Entered into force 01-Jan-1997, modernization ongoing) - Canada-Chile Free Trade Agreement (Entered into force 05-Jul-1997) - Canada-Costa Rica Free Trade Agreement (Entered into force 01-Nov-2002, modernization ongoing) - Canada-European Free Trade Association Free Trade Agreement (Iceland, Norway, Switzerland and Liechtenstein; entered into force 01-Jul-2009) - Canada-Peru Free Trade Agreement (Entered into force 01-Aug-2009) - Canada-Colombia Free Trade Agreement (Signed 21-Nov-2008, entered into force 15-Aug-2011; Canada's ratification of this FTA had been dependent upon Colombia's ratification of the "Agreement Concerning Annual Reports on Human Rights and Free Trade Between Canada and the Republic of Colombia" signed on 27-May-2010) - Canada-Jordan Free Trade Agreement (Signed on 28-June-2009, entered into force 01-Oct-2012) - Canada-Panama Free Trade Agreement (Signed on 14-May-2010, entered into force 01-April-2013) - Canada-South Korea Free Trade Agreement (Signed on 11-March-2014, entered into force 01-January-2015) Free Trade Agreements concluded⁶² - Trans-Pacific Partnership (concluded 05-October-2015) - Canada-Ukraine Free Trade Agreement (concluded 14-July-2015) - Comprehensive Economic and Trade Agreement (concluded 05-August-2014) Ongoing Free Trade Agreements Negotiations⁶² Canada is negotiating bilateral FTAs with the following countries and trade blocs: - Caribbean Community (CARICOM) - Guatemala, Nicaragua and El Salvador - Dominican Republic - India - Japan⁶³ - Morocco - Singapore - Andean Community (FTA's are already in force with Peru and Colombia) Canada has been involved in negotiations to create the following regional trade blocks: - Canada-Central American Free Trade Agreement - Free Trade Area of the Americas (FTAA) Political issues Relations with the U.S. Main article: Canada–United States trade relations Canada and the United States share a common trading relationship. Canada's job market continues to perform well along with the US, reaching a 30-year low in the unemployment rate in December 2006, following 14 consecutive years of employment growth.⁶⁴ The United States is by far Canada's largest trading partner, with more than $1.7 billion CAD in trade per day in 2005. In 2009, 73% of Canada's exports went to the United States, and 63% of Canada's imports were from the United States.⁶⁵ Trade with Canada makes up 23% of the United States' exports and 17% of its imports.⁶⁶ By comparison, in 2005 this was more than U.S. trade with all countries in the European Union combined,⁶⁷ and well over twice U.S. trade with all the countries of Latin America combined.⁶⁸ Just the two-way trade that crosses the Ambassador Bridge between Michigan and Ontario equals all U.S. exports to Japan. Canada's importance to the United States is not just a border-state phenomenon: Canada is the leading export market for 35 of 50 U.S. states, and is the United States' largest foreign supplier of energy. Bilateral trade increased by 52% between 1989, when the U.S.-Canada Free Trade Agreement (FTA) went into effect, and 1994, when the North American Free Trade Agreement (NAFTA) superseded it. Trade has since increased by 40%. NAFTA continues the FTA's moves toward reducing trade barriers and establishing agreed-upon trade rules. It also resolves some long-standing bilateral irritants and liberalizes rules in several areas, including agriculture, services, energy, financial services, investment, and government procurement. NAFTA forms the largest trading area in the world, embracing the 405 million people of the three North American countries. The largest component of U.S.-Canada trade is in the commodity sector. The U.S. is Canada's largest agricultural export market, taking well over half of all Canadian food exports.⁶⁹ Similarly, Canada is the largest market for U.S. agricultural goods, with nearly 20% of American food exports going to its northern neighbour. Nearly two-thirds of Canada's forest products, including pulp and paper, are exported to the United States; 72% of Canada's total newsprint production also is exported to the U.S. At $73.6 billion in 2004, U.S.-Canada trade in energy is the largest U.S. energy trading relationship, with the overwhelming majority ($66.7 billion) being exports from Canada. The primary components of U.S. energy trade with Canada are petroleum, natural gas, and electricity. Canada is the United States' largest oil supplier and the fifth-largest energy producing country in the world. Canada provides about 16% of U.S. oil imports and 14% of total U.S. consumption of natural gas. The United States and Canada's national electricity grids are linked, and both countries share hydropower facilities on the western borders. While most of U.S.-Canada trade flows smoothly, there are occasionally bilateral trade disputes, particularly in the agricultural and cultural fields. Usually these issues are resolved through bilateral consultative forums or referral to World Trade Organization (WTO) or NAFTA dispute resolution. In May 1999, the U.S. and Canadian governments negotiated an agreement on magazines that provides increased access for the U.S. publishing industry to the Canadian market. The United States and Canada also have resolved several major issues involving fisheries. By common agreement, the two countries submitted a Gulf of Maine boundary dispute to the International Court of Justice in 1981; both accepted the court's 12 October 1984 ruling which demarcated the territorial sea boundary. A current issue between the United States and Canada is the ongoing softwood lumber dispute, as the U.S. alleges that Canada unfairly subsidizes its forestry industry. In 1990, the United States and Canada signed a bilateral Fisheries Enforcement Agreement, which has served to deter illegal fishing activity and reduce the risk of injury during fisheries enforcement incidents. The U.S. and Canada signed a Pacific Salmon Agreement in June 1999 that settled differences over implementation of the 1985 Pacific Salmon Treaty for the next decade. Canada and the United States signed an aviation agreement during Bill Clinton's visit to Canada in February 1995, and air traffic between the two countries has increased dramatically as a result. The two countries also share in operation of the St. Lawrence Seaway, connecting the Great Lakes to the Atlantic Ocean.⁷⁰ The U.S. is Canada's largest foreign investor and the most popular destination for Canadian foreign investments; at the end of 2007, the stock of U.S. direct investment in Canada was estimated at $293 billion, while Canadian direct investment (stock) in the United States was valued at $213 billion.⁷¹ ⁷² U.S. FDI accounts for 59.5% of total foreign direct investment in Canada while Canadian FDI in the U.S. accounts for 10% (5th largest foreign investor).⁷³ US investments are primarily directed at Canada's mining and smelting industries, petroleum, chemicals, the manufacture of machinery and transportation equipment, and finance, while Canadian investment in the United States is concentrated in manufacturing, wholesale trade, real estate, petroleum, finance, and insurance and other services.⁷⁴ Debt issue Central Government Debt The OECD reports the Central Government Debt as percentage of the GDP. In 2000 Canada's was 40.9 percent, in 2007 it was 25.2 percent, in 2008 it was 28.6 percent and by 2010 it was 36.1 percent.⁷⁵ The OECD reports net financial liabilities measure used by the OECD, reports the net number at 25.2%, as of 2008,⁷⁵ making Canada's total government debt burden as the lowest in the G8. The gross number was 68% in 2011.⁷⁶ The CIA World Factbook, updated weekly, measures financial liabilities by using gross general government debt, as opposed to net federal debt used by the OECD and the Canadian federal government. Gross general government debt includes both "intragovernmental debt and the debt of public entities at the sub-national level." For example, the CIA measured Canada's public debt as 84.1% of GDP in 2012 and 87.4% of GDP in 2011 making it 22nd in the world.⁷⁷ Household Debt In March 2015 the International Monetary Fund reported that Canada's high household debt was one of two vulnerable domestic areas in Canada's economy; the second is its overheated housing market.⁷⁸ According to a July 2015 report by Laura Cooper, an economist with the RBC—the largest financial institution in Canada— "outstanding household credit balances" had reached $1.83 trillion.⁷⁹ Canadian household credit growth had reached a peak in 2009 then plummeted to a cycle-low in late 2013.⁷⁹ There was a quickened pace of growth in household debt in December 2012 and another in April and May 2015.⁷⁹ ⁸⁰ Household debt in 2013 According to the August 2013 third annual Ipsos Reid Debt Poll only 24 per cent of Canadians were debt free in 2013 compared to 26 per cent in 2012. The average personal non-mortgage debt in 2013 was $15,920 up from $13,141 in 2012. According to an IPSOS chart produced in 2013 debt levels increased "a staggering 35 per cent" in Western Canada compared to 10 per cent in Eastern Canada since 2012 even before the Alberta floods.⁸¹ In Alberta in 2013 household debt rose 63 per cent to $24,271 per household from 2012 after the 2013 Alberta floods.⁸² In 2013 the average personal debt load in British Columbia was "up 38 per cent to $15,549;" in "Manitoba and Saskatchewan, up 32 per cent to $16,145;" in Ontario, "up 13 per cent to $17,416," in Quebec up "3 per cent to $10,458;" and in Atlantic Canada, "up 12 per cent to $15,243." Household debt in 2014 Statistics Canada announced in December 2014 that Canada's household debt-to-income ratio "hit a record high in the third quarter of 2014, climbing to 162.6 percent from 161.5 percent in the second quarter." However "household assets and net worth increased much faster than debt,"⁸³ with the national net worth at C$8.12 trillion in the third quarter of 2014, a increase of 2.8 percent from the second quarter.⁸⁴ ⁸⁵ Also through the inflation-targeting policy of the Bank of Canada, interest rates are kept low improving the ability of households to service their debt. "The debt-service ratio, or interest paid as a proportion of disposable income, fell to a record low 6.8 percent in the third quarter."⁸⁴ Household debt in 2015 By 2015 according to the Globe and Mail, "The total debt owed by all Canadians at the end of March 2015 was a record $1.8-trillion with mortgage debt making up $1.29-trillion."⁸⁶ According to Philip Cross of the Fraser Institute, in May 2015, while the Canadian household debt-to-income ratio is similar to that in the US, however lending standards in Canada are tighter than those in the United States to protect against high-risk borrowers taking out unsustainable debt.⁸³ Household debt, the amount of money that all adults in the household owe financial institutions, includes consumer debt and mortgage loans. Paul Krugman argued that by 2007 household debt in the United States, prior to the financial crisis, had reached 130 percent of household income. Krugman distinguished between the total domestic non-financial debt (public plus private) relative to GDP which is "money we owe to ourselves" and net foreign debt.⁸⁷ ⁸⁸ Statistics Canada reported in March 2013 that "credit-market debt such as mortgages rose to 165% of disposable income, compared with 164.7% in the prior three-month period" in 2013⁸⁹ According to the IMF in 2012, "Housing-related debt (mortgages) comprises about 70 percent of gross household debt in advanced economies. The remainder consists mainly of credit card debt and auto loans."⁹⁰ Royal Bank of Canada 2016 report As shown in the table below—based on the RBC Economic and Financial Market Outlook March 11, 2016 report—in Canada in 2015—while business investments decreased—consumption, housing and government spending along with net exports contributed to a real GDP increase at a subpar 1.2% pace.⁹¹ :4 In December 2015 export volumes reached $1.2 billion—the sixth time since 2010 with sales growing by such a large amount⁹¹ :5-evidence that the Canadian economy is transitioning. In November and December 2015, with the weakening in the Canadian dollar, manufacturing sales and exports increased and employment rose.⁹¹ Job losses in construction, mining, oil and gas were countered by gains in the service sector.⁹¹ Between early December, 2015 and mid-January the price of oil unexpectedly dropped 24%.⁹¹ :1 RBC economists argued that fear not fundamentals led the shift in financial conditions.:1 Risk adverse investors contributed to a global double-digit decline in the first six weeks of 2016. In Canada, the US, UK and Euro-area yields on long-term government bonds reached an all-time low.⁹¹ :1 As financial market volatility continued in March 2016 the Bank of Canada and Bank of England held their policy rate at 0.5%.⁹¹ :6 See also - Canada's Global Markets Action Plan - Comparison of Canadian and American economies - Economy of Alberta - Economy of Ontario - Economy of Quebec - Economy of Saskatchewan - Free trade agreements of Canada - History of the petroleum industry in Canada - List of Median household income of cities in Canada - List of Commonwealth of Nations countries by GDP - List of Canadian provinces and territories by gross domestic product - List of companies of Canada - Taxation in Canada - Trans-Pacific Partnership - Transport in Canada - Tourism in Canada Notes [1] The OECD produces an annual report on member nations who share the goal of "contributing to the development of the world economy" by attaining the "highest sustainable economic growth and employment and a rising standard of living while maintaining financial stability." 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[23] Global Systems by David J Rees with Michael G Jones, Chapter 4, ISBN 0-919913-74-1 [24] Central Intelligence Agency (2006-05-16). "The World Factbook: Canada". Central Intelligence Agency. Retrieved 2007-05-06. [25] "Labour force characteristics, seasonally adjusted, by province (monthly)". statcan.gc.ca. 2011-09-13. Retrieved 2011-09-13. [26] "Labour force characteristics, unadjusted, by province (monthly)". Statistics Canada. [27] Forbes (2008-04-02). "Latest release". Forbes. Retrieved 2006-07-01. [28] "Exports of goods on a balance-of-payments basis, by product". Statistics Canada. [29] "Imports, exports and trade balance of goods on a balance-of-payments basis, by country or country grouping". Statistics Canada. Archived from the original on 2006-06-18. [30] Canada's Private to Public (Crown) Property Ratio is 60:40.2006 exports/imports [31] "Gross domestic product at basic prices, by industry (monthly)". Statistics Canada. [32] Howlett, Michael and M. Ramesh. Political Economy of Canada: An Introduction. Toronto: McClelland and Stewart, 1992. [33] "Labour force characteristics, seasonally adjusted, by province (monthly) (Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick)". [34] 'OECD Compendium of Productivity Indicators 2012 (Report). OECD. 2012.page 3 [35] Labour productivity levels in the total economy (Report). 2011. Retrieved 12 June 2013. [36] David Parkinson (9 July 2015), IMF again cuts Canada's growth forecast ahead of interest rate decision, The Globe and Mail, retrieved 6 August 2015 [37] "As economy shrinks, real estate now accounts for half of all GDP growth". Retrieved 2016-09-27. [38] OECD Economic Surveys Canada June 2012 Overview (PDF) (Report). Organization for Economic Co-operation and Development. 2012. Archived (PDF) from the original on 2013-08-13. [39] Blake, ed. (2007), Transforming the Nation: Canada and Brian Mulroney [40] Monetary Policy Report (PDF) (Report). 15 July 2015. Retrieved 6 August 2015. [41] Inflation-Control Target Backgrounder (PDF), Bank of Canada, November 2010 [42] Jeremy Torobin, Bill Curry (16 October 2011), Bank of Canada to get marching orders to look beyond inflation targeting, Ottawa, Ontario: The Globe and Mail [43] Monetary Policy Report (Report). Bank of Canada. April 2009. [44] Bank of Canada lowers overnight rate target to 1/2 per cent, Bank of Canada, retrieved 6 August 2015 [45] After rate cut Canada PMs office says global woes hit economy, Daily Mail UK, 15 July 2015, retrieved 7 August 2015 [46] Chris Sorensen, Aaron Hutchins (July 15, 2015), How Canada's economy went from boom to recession so fast: An in-depth look at the perfect storm that pushed Canada into recession, Macleans, retrieved 8 August 2015 [47] "CIA World Factbook - Canada". Cia.gov. Retrieved 2011-02-22. [48] Wallace, Iain, A Geography of the Canadian Economy. Don Mills: Oxford University Press, 2002. [49] Gasher, Mike (2002). Hollywood North the feature film industry in British Columbia. Vancouver: UBC Press. ISBN 978-0774809689. [50] MacLaurin, Tanya; MacLaurin, Donald (2003). "Casino gaming and tourism in Canada". International Journal of Contemporary Hospitality Management. MCB UP Ltd. 15 (6): 328–332. doi:10.1108/09596110310488177. [51] "Manufacturing's share of gross domestic product, 1900 to 2005". Statistics Canada. [52] "Manufacturing share of gross domestic product, 1961 to 2007". Statistics Canada. [53] "The Canadian Manufacturing Sector: Adapting to Challenges". Statistics Canada. [54] Environment Canada - Energy Consumption Archived February 22, 2004, at the Wayback Machine. [55] "Canada vs. The OECD: An Environmental Comparison". Environmentalindicators.com. Retrieved 2011-02-22. [56] "Resource-based Industries and High-tech Manufacturing - Goods Sector - Major Industries - A Guide to the BC Economy and Labour Market". Guidetobceconomy.org. Archived from the original on 7 September 2011. Retrieved 2011-11-02. [57] Canadian, The (2011-10-04). "Aluminum heavyweights to make $15-billion Quebec investment". Canadian Manufacturing. Archived from the original on 13 October 2011. Retrieved 2011-11-02. [58] Lee Greenberg (2011-07-20). "Growing Equalization Payments to Ontario Threaten Country". National Post. [59] Michel Beine; Charles S. Bos; Serge Coulombe (January 2009). "Does the Canadian economy suffer from Dutch Disease?" (PDF). [60] "The Relative Position of Canada in the World Grain Market". Dsp-psd.pwgsc.gc.ca. 2002-10-02. Retrieved 2011-02-22. [61] "Canada's Free Trade Agreements". International.gc.ca. Retrieved 2013-12-18. [62] "Canada's Free Trade Agreements". International.gc.ca. [63] The Canadian Press (2011-02-24). "Canada, Japan study free-trade pact". CBC News. Retrieved 2011-02-28. [64] "The Daily, Friday, January 5, 2007. Labour Force Survey". Statcan.ca. 2007-01-05. Archived from the original on 28 May 2008. Retrieved 2011-02-22. [65] "Imports, exports and trade balance of goods on a balance-of-payments basis, by country or country grouping". 0.statcan.gc.ca. 2011-02-11. Archived from the original on 2011-04-28. Retrieved 2011-02-22. [66] FTDWebMaster, [Name of person creating HTML]. "FTD - Statistics - Trade Highlights - Top Trading Partners". Census.gov. Retrieved 2011-02-22. [67] FTDWebMaster, FTD Data Dissemination. "FTD - Statistics - Country Data - U.S. Trade Balance with European Union". Census.gov. Retrieved 2011-02-22. [68] FTDWebMaster, FTD Data Dissemination. "FTD - Statistics - Country Data - U.S. Trade Balance with South and Central America". Census.gov. Retrieved 2011-02-22. [69] Agriculture and Agri-Food Canada / Agriculture et Agroalimentaire Canada Archived September 28, 2006, at the Wayback Machine. [70] "HowStuffWorks "The St. Lawrence Seaway"". Geography.howstuffworks.com. 2008-03-30. Retrieved 2011-02-22. [71] Archived July 6, 2011, at the Wayback Machine. [72] "Foreign Direct Investment in the United States: An Economic Analysis" (PDF). Retrieved 2011-02-22. [73] "The Canada-U.S. trade and investment partnership". Canadainternational.gc.ca. 2008-10-28. Retrieved 2011-02-22. [74] "Overview of Canadian Foreign Direct Investment (PRB-0833E)". .parl.gc.ca. 2008-06-17. Archived from the original on 2 May 2010. Retrieved 2011-02-22. [75] Central Government Debt (Report). OECD. 2011. Retrieved 13 June 2013. [76] "Fiscal balances and public indebtedness | OECD Economic Outlook". Find Articles. 2011-10-27. Retrieved 2011-11-02. [77] "CIA - The World Factbook". Cia.gov. Retrieved 13 June 2013. [78] International Monetary Fund, 9 March 2015 Missing or empty |title= (help); [79] Cooper, Laura (July 2015). July 2015 (PDF) (Report). Canadian Credit. RBC Economics. Retrieved 7 August 2015. [80] "Canadian consumer debt levels up 21%, RBC survey shows: Many Canadians say they have postponed purchases to keep spending in check", CBC News, 29 October 2013 [81] "RBC Debt Omni 2013" (PDF), Ipsos (13-059755) [82] Canadians paying off their debt the good old-fashioned way – spending less: RBC poll: Financial Fitness regime is the key to healthy spending, Toronto, Ontario, 29 October 2013, retrieved 7 August 2015 [83] Philip Cross (May 2015), A Longer-term Perspective on Canada's Household Debt (PDF), retrieved 7 August 2015 [84] Canada household debt-to-income ratio hits a record high, Ottawa, Ontario: Reuters, 15 December 2014, retrieved 7 August 2015 [85] Alexandra Posadzki (15 December 2015), Household Debt In Canada Hits Record 162.6% Of Income After StatsCan Revisions, Canadian Press via Huffington Post, retrieved 7 August 2015 [86] Danielle Webb; Tavia Grant (8 May 2015), Debt: Canada's borrowing binge: Canada's households now owe a record $1.8-trillion, The Globe and Mail, retrieved 7 August 2015 [87] Paul Krugman (13 December 2010). "Block those Metaphors". New York Times. Retrieved 13 June 2013. [88] Krugman, Paul (2011-12-28). "Debt Is (Mostly) Money We Owe to Ourselves". The New York Times. [89] Greg Quinn Bloomberg News (15 March 2013). "Canadians turns deaf ear to Carney's warnings as household debt hits fresh record at 165%". Financial Post. Retrieved 13 June 2013. [90] Dealing with household debt (PDF) (Report). International Monetary Fund IMF. April 2012. [91] Wright, Craig; Desjardins, Dawn; Ferley, Paul; Janzen, Nathan (March 2016). Fear versus Fundamentals (PDF). RBC (Report). Economic and Financial Market Outlook. Toronto, Ontario. Retrieved 14 March 2016. Bibliography - Howlett, Michael and M. Ramesh. Political Economy of Canada: An Introduction. Toronto: McClelland and Stewart, 1992. - Wallace, Iain, A Geography of the Canadian Economy. Don Mills: Oxford University Press, 2002. Further reading Main article: Bibliography of Canadian economic history - "OECD Economic Surveys: Canada 2010", Organización para la Cooperación y Desarrollo Económicos, Paris : OECD economic surveys, 2010, ISBN 978-92-64-08325-7 - Baldwin, John Russel (2003), Innovation and knowledge creation in an open economy, Cambridge University Press, ISBN 0-521-81086-8 - Easterbrook, William Thomas; Aitken, Hugh G. J (1988). Canadian Economic History. University of Toronto Press. ISBN 0-8020-6696-8. - Hessing, Melody; Michael Howlett, Tracy Summerville (2005), Canadian natural resource and environmental policy, UBC Press, ISBN 9780774851459 - Kealey, Gregory S (1995), Workers and Canadian history, McGill-Queen's University Press, ISBN 0-7735-1352-3 - Levi, Michael A (2009), The Canadian oil sands : energy security vs. climate change, Council on Foreign Relations, Center for Geoeconomic Studies, ISBN 978-0-87609-429-7 - Lipsey, Richard G; Alice Nakamura, Canada. Industry Canada (2006), Services industries and the knowledge-based economy, University of Calgary Press, ISBN 1-55238-149-8 - Pomfret, Richard (1981), "The Economic Development of Canada", revised 2005, Routledge, ISBN 978-0-415-37976-2 - Quarter, Jack; Laurie Mook, Ann Armstrong (2009), Understanding the Social Economy: A Canadian Perspective, University of Toronto Press, ISBN 978-0-8020-9695-1 - Tavidze, Albert (2007), Progress in Economics Research, Volume 12, Gardners Books, ISBN 978-1-60021-720-3 External links - Economic indicators - Statistics Canada - List of Economic Surveys of Canada 1961-present - (OECD) - Canada Economy 2011 – CIA World Factbook - Comprehensive current and historical economic data via Quandl - World Bank Canada 2012 Trade Summary Statistics - Economy of Canada: data, national statistics, data visualizations - World Data Atlas - Tariffs applied by Canada as provided by ITC's Market Access Map, an online database of customs tariffs and market requirements -  This article incorporates public domain material from the CIA World Factbook website https://www.cia.gov/library/publications/the-world-factbook/index.html. Comparison of Canadian and American economies The economies of Canada and the United States are similar because they are both developed countries and are each other's largest trading partners. However, key differences in population makeup, geography, government policies and productivity all result in different economies. Government Taxation Main articles: Taxation in Canada and Taxation in the United States In Canada total tax and non-tax revenue for every level of government equals about 38.4% of GDP,¹ compared to the U.S. rate of 28.2%.² A significant portion of this tax differential is due to spending differences between the two countries. While the US is running deficits of about 4% of GDP,³ Canada's Federal government posted a budget surplus of around 1% of GDP per year from the mid-1990s until 2008, and under Stephen Harper's Conservative Party reached surplus again in 2015.⁴ During the 2015 election now incumbent Justin Trudeau of the Liberal Party of Canada pledged to run $40,000,000,000 in deficits over the next four years of his leadership, although after three months in office he has predicted his government will exceed this amount and won't reach surplus by 2019.⁵ The deficit patterns and indebtedness of Canada's individual provinces vary as they do in the US among different states. Considered in a revenue-neutral context, the differential is much smaller - Canada's total governmental spending was about 36% of GDP⁶ vs. 31% in the US.³ In addition, caution must be used when comparing taxes across countries, due to the different services each offers. Whereas the Canadian healthcare system is 70% government-funded, the US system is just under 50% government-funded (mostly via Medicare and Medicaid); adding the additional healthcare-spending burden to the above figures to obtain comparable numbers (+3% for Canada, +7% for the US) gives adjusted expenditures of 38–39% of GDP for each of the two nations. The taxes are applied the same as well. Canada's income tax system is more heavily biased against the highest income earners, thus while Canada's income tax rate is higher on average, the bottom fifty percent of the population is roughly taxed the same on income as in the United States. However, Canada has a national goods and services tax (GST) of 5% on most purchases, while the U.S. federal government does not, increasing the tax burden on Canadian low-income earners due to the proportional nature of a sales tax. Canadian GST does not tax food and other essentials and a GST rebate for low-income earners mitigates regressiveness.⁷ In addition to the 5% GST levied on most purchases, some Canadians also pay a provincial sales tax at a rate that varies by province from 0-10%. There are some purchases which are PST exempt, such as children's clothing. In the U.S., most states impose a sales tax, and cities and counties are often permitted to levy taxes as well, which can exceed 10% on purchases but realistically average at about 6-8%. Five U.S. states do not have any sales tax imposed.⁸ The Canadian province of Alberta and all three territories have no provincial or territorial sales tax on top of the GST. Government Spending Government spending at all levels (federal, state/provincial and local) has traditionally been higher in Canada than the United States. In Canada, government spending as a percentage of GDP peaked at 53% in 1992. Since 1992 spending has steadily declined in Canada to just below 40 percent in 2008.⁹ Spending in the United States fluctuated narrowly around 34-38 percent of GDP over the same period.¹⁰ However, starting in 2008 US spending has turned sharply upwards to reach an estimated 42.7% of GDP in 2009 and stabilize at that level. Social programs See also: Canadian and American health care systems compared For its higher taxes Canada has a larger system of social programs than the United States. This includes having a national broadcaster in the CBC, a largely government-funded health care system, and having all major universities receive partial government funding. The United States, however, does have most of its major universities subsidized by state government. The US also has two national public broadcasters which receive partial government funding, PBS (television) and NPR (radio). The greatest difference in social programs is in health care. Contrary to popular belief, the U.S. Government spends as much on health care, 7% of GDP, as the Canadian government does,¹¹ and total healthcare spending is much higher - 14.6% of GDP in the US vs. 10% in Canada.¹² Canadians, however, receive better care to those Americans who receive treatment, and result measures.¹³ The Canadian health care system is said by some also to be attractive to employers, as in Canada health care is mostly paid through employee income taxes, while in the United States most companies choose to extend health benefits to full-time employees. Many employers in Canada do offer employees some additional medical coverage, for non-necessary treatments, and for pharmaceuticals which are not universally covered by the government-paid health insurance system. The most common complaint regarding the Canadian system are the long lines and waiting periods that have appeared for minor and non-life-threatening procedures over the last 15 years, since the introduction of widespread cuts to public funding. Separately, a number of medical tests and screenings are not covered (or due to increasing costs, are no longer covered) by the Canadian health system, forcing patients to pay for these services out of their own pockets. For these reasons, some relatively wealthy Canadians undergo treatment at private healthcare facilities at their own expense, either in Canada, in India, or in other nations¹⁴ to avoid waiting for medical treatment, joining "medical tourists" from many nations, including the US.¹⁴ Despite these sporadic problems, Canada's healthcare performance has been of higher quality on most factors.¹⁵ ¹⁶ Efforts were made to reduce wait times by many provincial governments in the 1990s and 2000s, in an effort to improve care. Furthermore, healthcare coverage is universal for Canadians, and transferable outside a home province within Canada. In the United States, however, the most common complaint is that approximately 50 million people are uninsured, and thus do not have access to even the most basic healthcare services which Canadians have access to. This puts a burden on the emergency room services in the States and causes increases in healthcare costs significantly. Anti-trust Main articles: Competition Act and United States antitrust law The United States has since the Sherman Anti-Trust Act been strongly opposed to monopolies. In Canada this has been far less of an issue, and Canada has never had rigorously enforced rules against monopolization, and in certain situations the government has even encouraged monopolies. However, the Canadian government is more willing to interfere in the operations of large, integrated firms where they appear to be acting against the public interest, offsetting in part one reason that American law prevents large-scale monopolization. Historical transport policy led to the promotion of one railway operator & one dominant flag carrier and the promotion of bus carriers through the suppression of other bus-like services. In telecommunications policy, oligopoly conditions are reinforced through the actions of the Canada Radio and Telecommunications (CRTC). Foreign ownership has been banned in Canada's cell phone market (Though one Egyptian-owned entrant, WIND mobile, has led to a possibility of a liberalization of telecommunications) Banking policy has been regulated through Bank Acts passed by Parliament. Fiscal and monetary policy See also: Fiscal policy of the United States and Monetary policy of the United States Canada is generally forced to follow American monetary policy quite closely, any large difference in interest rates could quickly lead to large problems for the Canadian economy. The U.S. Federal Reserve and the Bank of Canada both staunchly believe in fighting inflation while neither aggressively pursue policies of full employment. One difference that has emerged recently is that while Canada is still hewing closely to the balanced budgets policies of the 1990s the United States has moved into a heavy deficit, a policy both countries followed in the 1970s and 1980s. Prices In Canada prices have long tended, on average, to be higher than in the US. While some items are as much as 40% higher,¹⁷ others are similar in price or even cheaper in Canada. (For example, the Big Mac Index shows that in January 2006 a Big Mac cost $3.15 in the States and only $3.01 in Canada ¹⁸ (both figures in USD)). There are numerous reasons given for the price disparity, which were reported on in early 2013 by the Canadian Senate committee on national finance, including: - different tariff rates on imported items. Examples of such consumer products include cotton T-shirts and cotton trousers and shorts, sports footwear, bed linen and ice skates, which carry an 18% tariff in Canada. - Canadian retailers may import smaller number of goods, due to smaller market size, which means they do not have the same discounts as large US orders, - American retailers are often much larger than Canadian retailers, and thus benefit from economies of scale, - the costs of starting and running a business in Canada may be higher, - "country pricing" — the practice of some large multinational suppliers of charging Canadian retailers more than U.S. merchants, - higher fuel prices in Canada, due to higher taxes on gasoline and diesel, increase delivery charges to a more widely dispersed population, - a tendency for Canadian shoppers to not press for lower prices, - greater competition among retailers, and a wider selection of goods in the US which tends to keep prices lower, - fluctuations in the exchange rate between the two currencies which are not immediately reflected with price adjustments, - Different product safety standards between the two countries, where the cost for Canadians are spread out over fewer consumers. Another factor is Canada's Supply Management system for certain food items such as chicken and milk which ensures farmers are paid fairly but results in higher retail prices,¹⁹ When asked about "Country Pricing", members of the Retail Council of Canada were told by manufacturers that there are three main reasons for these discrepancies: 1) Canadians are used to paying more for products in Canada; 2) the higher prices charged to retailers in Canada subsidize the costs of maintaining suppliers offices and operations in Canada; and 3) the higher prices are necessary to compensate Canadian distributors which face higher costs in Canada.²⁰ One area of particular concern for Canadians is the price of vehicles, even those built in Canada, which often cost thousands of dollars more. Even the "Freight and PDI" charge in Canada is usually twice as much for a Canadian living within view of the car factory, as it is for an American living in Hawaii, buying the same Canadian-built vehicle.²¹ In an effort to disguise the price difference, many manufacturers will have a similar price for their lowest-priced trim-level of a particular vehicle model, but that trim-level will have less content. For example, in 2015, the lowest price Honda Fit in Canada was C$16,126 (2015-08 = US$12,215),²² while the lowest in the US was US$15,790 (2015-08 = C$20,845).²³ However, the Canadian trim-level was "DX" which did not include automatic transmission, air conditioning, cruise control or one-step electric windows. This trim-level was not available in the US. The Organization for Economic Cooperation and Development (OECD) tracks price comparisons for industrialized countries, and in June 2015 Canada was listed as 6% more expensive than the United States, when the US dollar was used as the reference currency.²⁴ On a Purchasing Power Parity scale, where the income levels and costs are used to calculate the difference in the affordability of a similar basket of goods, Canada is rated as 26% more expensive than the US in 2014.²⁴ Productivity Canadian workers are estimated to be 82% as productive per hour as their American counterparts.²⁵ The industries with the largest productivity advantages for the U.S. are the manufacturing (particularly electronics and computer), finance, and service sectors. Industries where Canada is more productive than the U.S. are the construction and natural resources sectors with Canadian workers achieving 129% relative productivity.²⁶ The productivity gap had been even larger in the 1950s but the difference has been narrowing, aided by the elimination of the smaller market problem through free trade. The gap was still closing somewhat in the 1980s but at a much slower pace than in the 1960s. From 1961 to 1973 labour productivity rose annually by 3.3 percent in Canada and 1.7 percent in the United States. From 1973 to 1995 productivity growth was 1.1% in Canada and 0.8% in the United States.²⁷ The productivity gap began to widen again in the 1990s, particularly in the manufacturing sector. By 2000, this was called Canada's "Excellence Gap" by the Chief Economist of Canadian Manufacturers & Exporters.²⁸ The United States has the second-highest productivity of the G8 countries,²⁹ while Canada's is 5th based on the 1997 estimate.³⁰ Five main reasons for the productivity gap: the lower capital intensity of economic activity in Canada; an innovation gap in Canada relative to the United States; Canada's relatively underdeveloped high-tech sector; less developed human capital in Canada in terms of proportionately fewer university graduates and scientists and engineers in research and development; and more limited economies of scale and scope in Canada. Organized Labor Both Canada and the U.S. follow the Wagner Act model of regulating trade unions and collective bargaining, though legislation regulating organized labor principally falls under provincial jurisdiction in Canada. That North American model differs significantly from patterns of organized labor found in other developed countries. Unemployment For several decades Canada typically had reported its unemployment rate as somewhat higher than the US rate. For example, in June 2008 the reported unemployment in the US was 5.5 percent and 6.1% in Canada. However, a closer examination reveals that the two countries measure the unemployment rate differently. Craig Riddell, a University of British Columbia economist, found that a 0.9% difference was caused by the differing measurement systems.³¹ Statistics Canada has also acknowledged this, and it now publishes a second unemployment rate using the same methodology as the Americans. Using the American methodology, the June 2008 Canadian unemployment rate was 5.3%, which was 0.2% lower than the American rate.³² Prior to the identification of the difference in methodologies, some politicians claimed that higher income taxes, restrictive labour laws, unions, universal healthcare, and greater unemployment benefits in Canada were causing a higher actual unemployment rate. However, when unemployment insurance and welfare were sharply cut in many parts of Canada during the 1990s there was little gain in employment relative to the Americans. Others attempted to explain the reported difference in terms of the large number of seasonal workers in trades such as fishing and logging who are unemployed for a portion of the year. Balance of trade While the United States has in recent years had a large trade deficit, Canada had for several decades maintained a trade surplus, which turned to a deficit since 2006.³³ The Canadian surplus had been almost entirely due to trade with the United States. Canada has trade deficits with Europe and Asia, just as the Americans do. In 2005, Canada exported about $109 billion worth of goods more than they imported from the U.S. With the rest of the world, Canada had a trade deficit of $47 billion creating an overall surplus of some $62 billion.³⁴ Income Although wealth is more highly concentrated in the U.S., the median (50th percentile) worker has about 23% more purchasing power as well. In terms of purchasing power parity, the most recent statistics from the IMF has Canada (US $35,494) lower than that in the United States (US $43,444).³⁵ In the late 1990s, the GDP gap widened. In this period, GDP increased by 5% annually in the United States, and 2% in Canada. Earlier, it had been narrowing between 1961 and 1995. However, it was closing at a much faster rate in the 1960s than the early 1990s. From 1961 to 1973, real GDP grew at an average annual rate of 5.5% in Canada and 4.0% in the United States. From 1973 to 1995 it was 2.6% in Canada and 2.3% in the USA.³⁶ Canada was not hit as hard by the economic downturn in 2001, however, so cumulative growth in real GDP has been almost exactly the same amount in each country over the last 15 years. Standard of living The United Nations Human Development Index ranks the United States (fourth) higher than Canada (eighth).³⁷ Other independent groups, such as the Economist have ranked each of Canada's four largest cities as better places to live than any American city. In their 2005 ranking, Toronto, Montreal, Vancouver and Ottawa ranked within the top 10 livable cities while the highest-ranked American cities, Cleveland and Pittsburgh, were tied at 26th place.³⁸ Canada ranks higher than the U.S. in statistics such as life expectancy (80.22 years in Canada versus 77.85 in the U.S.) and lower regarding infant mortality (4.75 Canadian deaths per 1000 versus 6.50 in the States). Both countries rank highly with 99% literacy rates. The United States has more major consumer goods per capita than Canada. For instance, while Canada had only 297 computers per 1000 people in 1996, the United States had 403. Average income is slightly higher in the United States. However, as of 2009, Canada's median family income surpassed that of the USA by approximately 10%[citation needed]. In terms of racial disparity, United States African-Americans and Hispanics have a lower standard of living than the rest of the population; in Canada, Aboriginal peoples and Black Canadians are disproportionately likely to live in poverty, although these groups represent 25% of the US population and only 6% of Canada's. In both countries, recent immigrants tend to have lower earnings than more established residents. Canada's French-Canadians also used to be a poorer group, but since the Quiet Revolution in the 1960s this has been partially remedied. The United States measures poverty, while Canada does not have an official measure (see Poverty in Canada#Measures of poverty in Canada), although Statistics Canada measures something called the Low-Income Cutoffs, the statistical agency repeatedly states that this is not a poverty measure (it is an income dispersion measure like the Gini coefficient). In the United States the poverty line is set at triple the "minimum adequate food budget." When a common measure is used, such as that of the Luxembourg Income Study, the United States has higher rates. The LIS reports that Canada has a poverty rate of 15.4% and the United States 18.7%. In both countries lower incomes are found in those most affected by poverty include single-parent families and single elderly people. It may be said the cost of absorbing lower skilled, poorer workers in the US skews comparison studies downward for the United States³⁹ (see also Economic impact of illegal immigrants in the United States). In recent years, what otherwise would have been a reduction in the low-income cutoff, was more than offset by the impact of immigration. According to a 2003 study by Statistics Canada "The rise in the low-income rates in the three major Canadian cities, and in Ontario and B.C. during the 1990s in particular, was largely concentrated among the immigrant population. Basically, low-income rates have been falling over the past two decades among the Canadian born, and rising among immigrants."⁴⁰ A more recent January 2007 study by Statistics Canada explains that the low-income rates of new immigrants has deteriorated by yet another significant amount from 2000 to 2004⁴¹ (see also Economic impact of immigration to Canada). Home ownership While home ownership rates in both countries are very high compared to worldwide (or even developed countries), Canada has a slightly higher level of home ownership at 69.0%⁴² versus 65.3% for the United States⁴³ See also - Economy of Canada - Economy of the United States References [1] "Index of Economic Freedom 2009: Canada". 2009. [2] "Index of Economic Freedom 2009: United States". 2009. [3] Total Revenues From All Levels Of Government Drop To Lowest Share Of Economy Since 1968, 1/15/04 [4] "CBC News Indepth: Budget". CBC News. [5] "Trudeau shies away from Liberals' balanced-budget vow, cites fading economy". CBC News. [6] Consolidated government revenue and expenditures [7] Fellows, C. Michael et al. Economic Issues: A Canadian Perspective. (Toronto: McGraw-Hill Ryerson, 1997) 217. [8] "Archived copy" (PDF). Archived from the original (PDF) on 2010-08-20. Retrieved 2010-08-11. [9] Reducing the size of government [10] Great Right North [11] Rising Health Costs U.S. health care: expensive and less effective at keeping people healthy [12] "CBC News In-depth: Health Care". CBC News. [13] http://www.conferenceboard.ca/hcp/details/health.aspx [14] "CBC News In-depth: HEALTH CARE". CBC News. [15] http://www.oecd.org/UnitedStates/Health-at-a-Glance-2013-Press-Release-USA.pdf [16] http://www.kingsfund.org.uk/sites/files/kf/field/field_pdf/Library-reading-list-international-health-care-comparisons-Jan2013.pdf [17] Canadian Senate Report on US Canadian Price Gap http://www.parl.gc.ca/Content/SEN/Committee/411/NFFN/rep/rep16feb13-e.pdf [18] [19] Supply Management not included in Senate study http://www.ctvnews.ca/canada/senate-report-calls-for-review-of-tariffs-fees-to-close-canada-u-s-price-gap-1.1145009 [20] Senate Finance Committee Report on US and Canadian Prices. http://www.parl.gc.ca/Content/SEN/Committee/411/NFFN/rep/rep16feb13-e.pdf [21] Canadians Pay for Canadian Vehicles than Americans. http://www.cbc.ca/news/canada/ottawa/canadians-pay-more-than-americans-for-canadian-made-vehicles-1.1141083 [22] http://honda.ca/buildyourhonda?model_key=fit#!/en/BC/fit [23] http://automobiles.honda.com/fit/price.aspx [24] http://stats.oecd.org/Index.aspx?DataSetCode=CPL [25] Measuring the Canada-U.S. Productivity Gap: Industry Dimensions [26] Measuring the Canada-U.S. Productivity Gap: Industry Dimensions [27] http://www.imf.org/external/pubs/ft/fandd/1997/12/pdf/salgado.pdf [28] Microsoft Word - Excellence Gap.DOC [29] New Page 2 [30] http://strategis.ic.gc.ca/pics/pr/livstand.pdf [31] Microsoft Word - Can-US unem 2003.doc [32] Scoffield, Heather. "Unemployment levels fall below U.S. rate" The Globe and Mail. June 6, 2008 [33] Merchandise trade of Canada, balance of payments basis, seasonally adjusted — Constant dollars, 2002 [34] Imports, exports and trade balance of goods on a balance-of-payments basis, by country or country grouping. Statistics Canada. [35] List of countries by GDP (PPP) per capita [36] [37] "HDR_2010_EN_Table1" (PDF). [38] "Vancouver is 'best place to live'" BBC News, Tuesday, 4 October 2005 [39] The Impact of Immigration on Labour Markets in Canada, Mexico, and the United States, Statistics Canada, Update on Family and Labour Studies, May 2007, URL Accessed 26 May 2007 [40] The rise in low-income rates among immigrants in Canada, Analytical Studies Branch research paper series, Statistics Canada, June 2003, URL accessed 20 September 2006 [41] Chronic Low Income and Low-income Dynamics Among Recent Immigrants, Statistics Canada, January 2007, URL accessed 30 January 2007 [42] "Stats Canada". [43] "US Census" (PDF). Economic impact of immigration to Canada Political and civic engagement among visible minorities, while not at the level of that of some other groups, is substantial in Canada. This activity sends a message to the newly arrived immigrant that participation in the political system is possible and to the country that visible-minority group members play an important and active role within the state. The economic impact of immigration is an important topic in Canada. While the immigration rate has declined sharply from its peak early in the 20th century, Canada is still among the countries in the world that accept most immigrants per capita. The per capita immigration rate to Canada has been relatively constant since the 1950s, and recent years have seen a steady increase in the education and skill level of immigrants to Canada. However, over the last 25 years the economic position of newcomers to Canada relative to the native population has steadily declined. A 2007 Statistics Canada study shows that the income profile of recent facsimile s deteriorated by a significant amount from 2000 to 2004.¹ Recent immigrants themselves are far more likely than native born Canadians to initially have low incomes, with income and employment rates increasing towards the national average with more time spent in Canada. Overview Immigration to Canada Main article: Immigration to Canada According to Canada's Immigration Program (October 2004), Canada has one of the highest per capital immigration rate in the world,³ although statistics in the CIA World Factbook shows that a number of city states and small island nations, as well as some larger countries in regions with refugee movements, have higher per capita rates.⁴ In 2004, Canada received 235,824 immigrants.⁵ Canada is also unusual among western nations in the widespread popular support for high rates of immigration, and in recent years support for immigration has increased in Canada.⁶ All of Canada's major political parties support either sustaining or increasing the current level of immigration.⁷ Economic rationale for immigration There is no agreed view on the net impact of immigration in current times. Historically, Canada's unusually high immigration rates can be traced to the nation's unique economy. One factor is that Canada has one of the world's largest supplies of natural resources such as oil, metals, and lumber. It also has a sparse population spread over a vast landscape. Canada has thus faced acute labour shortages and has responded by actively searching for immigrants.⁸ In the late 19th century this included bringing Chinese migrants to build the Canadian Pacific Railway and actively advertising in Europe to find farmers with the Last Best West campaign. Today similar recruitment efforts are needed to staff the oil sands projects in Alberta.⁹ Another factor that contributes to the immigration question is Canada's low birth rate (see List of countries by birth rate). The theory is that new residents can assist in meeting future government obligations relating to pay-as-you-go liabilities. In 1995 economic research firm DRI-McGraw Hill Inc. reacted with alarm to proposed reductions in immigration levels. They acknowledged that immigration comes with short term costs, but argued that in the long run immigration boosts employment and economic output.¹⁰ The economic dangers of population decline are not universally accepted. Organizations like the Fraser Institute question whether a declining population would reduce or increase per capita income, noting that in the short term, with a stable economy, fewer people would increase the per capita income simply because you divide the income among fewer people. The study's authors conducted a series of studies using large amounts of census data (844,476 individuals) and conclude that immigrants who arrived from 1987-2004 paid only 57% of the taxes paid by average Canadian in 2006, with the effect that taxes from immigrants do not exceed the government expenses relating to them (a gap of $23 billion annually according to their numbers).¹¹ A study by the C. D. Howe Institute suggests that immigration cannot keep Canada's population young and could possibly contribute to population ageing in the near term.¹² Employment statistics also bring into question whether skilled worker immigrants, with a 34% unemployment rate,¹³ are successfully meeting existing labour market needs in Canada. Many developed nations have much lower fertility rates than Canada but have not embraced immigration. The first detailed analysis of Canadian immigration policy came from the Economic Council of Canada; it called for immigration to be increased to eventually bring Canada's population to 100 million. While it found that the economic benefits to Canada of immigration were fairly small, noting that "a historical perspective gives little or no support to the view that immigration is needed for national prosperity", it also concluded that the benefits to the newcomers themselves were extremely large. The report concluded that "it would be hard not to recommend an increase when immigrants can gain so much and Canadians not only do not lose but actually make slight economic gains".¹⁴ ¹⁵ In 2005 a report by the Royal Bank of Canada called for boosting Canada's immigration rate by 30% to 400,000 per year to ensure continued economic growth.¹⁶ Immigrant well being Education levels The Canadian system puts great emphasis on finding skilled immigrants.¹⁷ Immigrants to Canada are more skilled than immigrants to the United States. George J. Borjas compared immigrants to Canada and the United States finding those to Canada being better educated and receiving higher wages once settled. He accredits this to Canada's points based immigration system, and argues for the United States to more closely emulate the Canadian method.¹⁸ Within the Canadian economy, immigrants are mostly found at the highest education levels. In Canada, 38% of male workers with a post-graduate degree are immigrants to the country.¹⁹ 23% of Canadians are foreign born, but 49% of doctorate holders and 40% of those with a master's degree were born outside Canada.²⁰ A persistent problem for skilled immigrants is the recognition of foreign credentials. While Canada recruits people to come based on their degrees, many newcomers arrive to find employers and professional organizations not recognizing their foreign education.²¹ As the percentage of skilled newcomers as a share of total migrants has increased, so has this problem. From 2001 to 2006 56% of immigrants who arrived in Canada held a university degree, a sharp increase over the 28% who arrived prior to 2001.²² In other nations immigrants also find difficulties getting their credentials recognized. An international study by the Migrant Integration Policy Index, sponsored by the research division of the British Council and 100 other signatories, assigned its highest score (3 out of 3) to Canada for the "State facilitation of recognition of skills and qualifications" indicator in their 2006 study of 27 European countries and Canada.²³ The sheer number of skilled migrants to Canada does make the problem a more significant one in that country and politicians of all parties have called for change in this area.²¹ ²⁴ ²⁵ The setting of standards for, or recognition of, almost all professional credentials does not fall within the federal government's control and are therefore not determined by either federal laws or Citizenship and Immigration Canada policies,²⁵ but Citizenship and Immigration Canada established the Foreign Credentials Referral Office to provide something like a directory assistance service for immigrants.²⁶ The Government of Ontario enacted the Fair Access to Regulated Professions Act, 2006 to help immigrants qualify for 34 provincially regulated professions.²⁷ The Act also established the position of Fairness Commissioner (Ontario). In 2007, the Government of Alberta signed an agreement with federal government that will accelerate the process of foreign credential recognition for new immigrants by licensing bodies in that province.²⁸ Other provinces have made similar commitments. Wages In terms of the impact of immigration to economy-wide wage levels, Statistics Canada estimates that for every 10% increase in the population from immigration, wages in Canada are now reduced by 4% on average (with the greatest impact to more skilled workers, such as workers with post-graduate degrees whose wages are reduced by 7%).²⁹ In part because of the credential issue, many immigrants are forced to find work below their education level and at lower wages. However, even for doing work of the same skill level, immigrants are much less well compensated than their native born counterparts. Immigration scholar Jeffrey Reitz calculated that in 2001 native Canadian employers were benefiting from, and immigrant employees were losing out on, between $2 and 3 billion per year due to this imbalance.³⁰ There are a number of possible explanations for why newcomers earn less than native Canadians in the same jobs with the same skills. Lower hourly wages might be an indication that the labour productivity of immigrants is lower, and employers thus have reason to pay them less. New workers are also less familiar with the Canadian labour market and will thus not be able to maximize their salaries. Employers will also be less familiar with an immigrant's background and thus less willing to offer the same salary as to a native.³¹ Immigrants, especially visible minorities have different values than native-born Canadians as they tend to favour living in Toronto, Montreal and Vancouver as opposed to other places much more than native-born Canadians. Due to lower mobility, they do not access better paying jobs, such as in Alberta and Saskatchewan. This has been changing with Calgary already surpassing Montreal in terms of percentage of visible minorities. Visible minorities in Saskatchewan earn higher wages than native-born Canadians. Employment In recent years the unemployment rate for newcomers has also increased. In 1981 those who had just arrived had a high rate of unemployment, but those who had been in the country five years were more likely than average to be employed. By 2001 the transition period had expanded, and now it takes ten years before newcomers reach the same employment rate as those born in Canada.³² In 2006, the unemployment rate of recently arrived immigrants year was 11.5%, considerably above the native Canadian average of 4.9%. For more established immigrants who had been in Canada between 5 and 10 years the rate fell to 7.3%³³ Data source: Labour market outcomes of immigrants aged 25 to 54, by sex and period of landing, CanadaFor clarity: Employment Rate = Participation Rate * (1 - Unemployment Rate) Income Higher rates of unemployment and lower wages combine to give newcomers less income than the Canadian average. Analysis of census data as of 2000 shows that immigrant incomes were at 80% of the national average after 10 years of residing in Canada.³⁴ In previous decades, immigrant income levels did rise to the national average after 10 years, but in recent years the situation has deteriorated. A 2003 study published by Statistics Canada noted that "in 1980 recent immigrants had low-income rates 1.4 times that of Canadian born, by 2000 they were 2.5 times higher, at 35.8%."³⁵ The study noted that the deterioration was widespread and affected most types of immigrants. The 2003 study explains that the low-income rate among non-immigrants declined in the 1990s, but this was more than offset by the income profile of new immigrants, resulting in a net rise in Canada's total low-income rate. An updated January 2007 study by Statistics Canada, explains that the deterioration continued into the next decade, with the low-income rate of recent immigrants reaching rates of 3.5 times that of Canadian born in 2002 and 2003, before edging back to 3.2 times in 2004.¹ The 2007 study explains that this deterioration has occurred even though Canada implemented changes in 1993 to encourage more highly educated immigrants, with 45% of new immigrants having university degrees as of 2004. In 1991 the Economic Council of Canada found that periods of immigration were not directly linked to periods of high growth. They noted that "a historical perspective gives little or no support to the view that immigration is needed for economic prosperity. In the 19th and early 20th centuries, the fastest growth in per capita real incomes occurred at times when net immigration was nil or negative. Later in the 20th century, the opposite linkage is seen but, clearly, there is no long-term correlation." However, the same report found that a high rate of immigration was good for Canada's future, and recommended expanding immigration rates to bring Canada's population to 100 million.¹⁴ A University of Montreal study published in 2002 by professor Marc Termote used different methods and studied different countries and concluded that immigration has no statistically significant impact to the per capita income of a country.³⁶ Decline in economic well being Over the last 25 years the economic position of newcomers to Canada relative to the native population has steadily declined. A number of hypotheses have been advanced to explain these issues. - The selection process is flawed;¹¹ - Government and corporate policies deliberately shift immigrants to secondary sector occupations. These are jobs characterized by high instability, hazardous work environments, and low pay. Inherently those involved in these sectors will have lower wages and more periods of unemployment. In several European countries the immigration system is almost fully designed to try to fill these positions. This is less the case in Canada, but significant recruitment programs for sectors such as agriculture and oil and gas recruit many workers to perilous jobs.³⁷ - Newer immigrants from outside of Europe are victims of racial discrimination.³⁸ - Canada's social programs create incentives that conflict with the employment objective;¹¹ and/or - Increased job competition among even native-born Canadians has increased the importance of relying on networking to access the "hidden market," putting immigrants at a disadvantage given their lack of deep and broad networks.³⁹ A January 2007 study by Statistics Canada analyzed the drop in income of economic immigrants from several perspectives.¹ Economic immigrants are now more likely to begin their stay in Canada with a "low-income" (less than 50% of the median income) than an immigrant in any of the other immigration classes (see Table 16 in the study). This drop occurred during the 1990s and early 2000s despite the percentage of immigrants arriving with degrees in the economic class (including principal applicants, spouses, and dependents) rising from 29% in 1992 to 56% in 2003. Stating an intention to reduce a backlog of immigration applicants of all classes, and to better target the required skills needed in Canada, the federal government passed a law in 2008 that gave the immigration minister new powers to alter immigrant selection. Many expected that these powers would be used to favour workers in skilled trades over immigrants selected on the basis of education through the points system.⁴⁰ While the well being of immigrants has declined in recent years, this has not affected second generation immigrants, or those who came to Canada as a child. This group is one of the most successful in Canada, with education and earning levels well above that of their parents and also above the Canadian average.⁴¹ Long term outcomes One of the most important studies of the economic impact of immigration to Canada is Morton Beiser's Strangers at the Gate. This study looked at the arrival of the Vietnamese boat people who began to arrive in Canada in 1979 to much controversy. The total number of refugees was 60,000, the largest single group of refugees to ever arrive in Canada. Beiser first studied the boat people upon their arrival, finding that few spoke English or French, that most were farmers with few skills useful in Canada, and that they had arrived with no assets with which to establish themselves. Beiser then followed the progress of the boat people to see what effect they would have on Canada. Within ten years of arrival the boat people had an unemployment rate 2.3% lower than the Canadian average. One in five had started a business, 99% had successfully applied to become Canadian citizens, and they were considerably less likely than average to receive some form of social assistance.⁴² ⁴³ Wider effects Government and social assistance The government has a large department and a number of programs to try to ensure the well being of immigrants to Canada, and ameliorate their economic condition. The Citizenship and Immigration Canada department employs 5,000 staff,⁴⁴ which on a per capita basis is 3 times more than the 15,000 U.S. Citizenship and Immigration Services employees. Citizenship and Immigration Canada recoups some of its department costs through landing fees. In 2006, the Canadian government reduced the landing fee per immigrant by 50%.⁴⁵ New immigrants are also entitled to settlement assistance such as free language training under provincial government administered programs usually called Language Instruction for Newcomers to Canada (LINC), for which the federal government budgeted about $350 million to give to the provinces for the fiscal year 2006-2007.⁴⁶ The majority of the $350 million was allocated to Quebec under the Canada-Quebec Accord, at $196 million per year,⁴⁷ even though immigration to Quebec represented only 16.5% of all immigration to Canada in 2005.⁴⁸ The $350 million is budgeted to increase by an additional $90 million by 2009.⁴⁹ Provincial governments in Canada have established citizenship and immigration departments, such as the Ministry of Citizenship and Immigration (Ontario). Support for immigrants was also one of the key issues that formed the basis of the New Deal for Cities between Toronto (and other urban centres), the Province of Ontario, and the Government of Canada,⁵⁰ because 43% of new immigrants settle in the Greater Toronto Area resulting in certain challenges for that region.⁵¹ ⁵² A paper published by Statistics Canada noted that "Over the 1990s (1990 to 2000) the city's low-income rate rose 1.9 percentage points. All of this increase was associated with deteriorating outcomes among immigrants, which tended to increase the city's low-income rate by 2.8 percentage points."³⁵ In other words, the low-income rate among non-immigrants fell, but the income profile of new immigrants resulted in a net widening of the income inequality gap in Toronto during the 1990s. The needs of immigrants prompted the United Way of Greater Toronto, the largest United Way charity in Canada, to identify immigration services in Toronto as a top priority for their $100 million 2006 campaign to combat poverty and social exclusion.⁵³ In 2006, the Daily Bread Food Bank in Toronto reported that over 40% of its clients are foreign-born, and that almost half of that group had been in the country for less than 4 years.⁵⁴ While the less than 4 year group shows far above average need, the over 40% figure is in line with the general population as 44% of Torontonians are foreign-born.⁵⁵ Government finances There is no consensus on the net impact of immigration to government finances. A 1990 study found that an average immigrant household paid $22,528 in all forms of taxes and on average each household directly consumed $10,558 in government services. By contrast an average native Canadian household paid $20,259 in tax and consumed $10,102 dollars in services. Across the country this means that immigrant households contributed $2.6 billion more than their share to the public purse.⁵⁶ A 1996 study found that over a lifetime a typical immigrant family will pay some forty thousand dollars more to the treasury than they will consume in services.⁵⁷ Explanations for this include that immigrant households tend to be larger, and have more wage earners, increasing taxes. Newcomers are also less likely to make use of many social services. Immigrants are less likely than native Canadians to receive employment insurance, social assistance, and subsidized housing.⁵⁸ Immigrants are also much less likely to become homeless or suffer from mental illness.⁵⁹ Recent immigrants are also less likely to make use of subsidized housing than native Canadians of the same income level. In 2004 22.5% of low-income native Canadians lived in subsidized housing, but only 20.4% of low income recent immigrants did so, though this number was considerably higher among more established immigrants.⁶⁰ Results from a study from the Fraser Institute found that the immigrants who arrived between 1987 and 2004 cost governments $23 billion per annum (as of 2006) in excess of taxes raised from those immigrants, relating to universal social services (e.g., welfare, medicare, public education).¹¹ International trade The presence within Canada of people representative of many different cultures and nations has also been an important boost to Canada's international trade. Immigrants will often have expertise, linguistic skills, personal connections with their country of origin that can help forge international trade ties. Studies have found that Canada does have greater trade relations with those nations that have provided large numbers of immigrants.⁶¹ Canada's economy is heavily centered on international trade, which accounted for 36% of GDP in 2006.⁶² 86.9% of Canadian exports go to the United States.⁶³ This has been good for the source countries of immigrants to Canada, but not for Canada. For many years, expanded markets for trade has been a common rationale and justification for high immigration from the developing world. However, 2014 data from Statistics Canada reveals⁶⁴ that the trade balances with countries from which Canada receives most of its immigrants deteriorates as more immigrants arrive. Total bilateral trade increases, but to the detriment of Canada. Current data, 2014, shows that only India has balanced trade with Canada: [Pakistan]: Canada imports $216,556,026, and exports $119,197,121 [Philippines]: Canada imports $991 million, and exports $527.9 million [China]: Canada imports $38,054,497,501, and exports $14,224,945,364 [Iran]: Canada imports $1.887 billion, and exports $754,302 million [South Korea]: Canada imports $7.3 billion, and exports $3.4 billion [Haiti]: Canada imports $3.983 billion, and exports $2.705 billion [Mexico]: Canada imports $1,926,537,019, and exports $412,490,687 See also - Demographics of Canada - Ethnic groups in Canada - History of immigration to Canada - Economy of Canada - Economic results of migration References [1] Chronic Low Income and Low-income Dynamics Among Recent Immigrants, Statistics Canada, January 2007, URL accessed 4 January 2011 [2] Statistics Canada – immigration from 1851 to 2001 [3] Canada's Immigration Program (October 2004), Library of Parliament, URL accessed 13 July 2006 [4] Field Listing - Net Migration Rate Central Intelligence Agency, The World Factbook 2007 [5] Inflow of foreign-born population by country of birth, by year [6] "Canadians support diversity and immigrants;" Michael Adams. The Windsor Star. Windsor, Ont.: 28 November 2007. pg. A.8. [7] James Hollifield; Philip Martin; Pia Orrenius (2014). Controlling Immigration: A Global Perspective, Third Edition. Stanford University Press. p. 11. ISBN 978-0-8047-8627-0. [8] Wallace, Iain, A Geography of the Canadian Economy. Don Mills: Oxford University Press, 2002. [9] Scotton, Geoffrey. "Alberta worker shortfall could hit 350,000 by 2025." Calgary Herald. Calgary, Alta.: 11 April 2006. pg. D.3 [10] Beauchesne, Eric. "High cost for low immigration: That's the warning from an economic research firm;" Kingston Whig - Standard. Kingston, Ont.: 3 January 1995. pg. 4 [11] Immigration and the Welfare State 2011, Herbert Grubel and Patrick Grady, Fraser Institute, May 2011, URL accessed 18 May 2011 [12] No Elixir of Youth: Immigration Cannot Keep Canada Young, Backgrounder, C. D. Howe Institute, Number 96, September 2006, URL accessed 29 November 2006 [13] Immigrants' labour force rates, by immigration category, 2001, Statistics Canada, URL accessed 4 January 2011 [14] Economic Council of Canada (1991), Economic and Social Impacts of Immigration (Ottawa: Supply and Services Canada) [15] Hogben, David. "Wanted: 100 million people to make Canada efficient." The Vancouver Sun. Vancouver, B.C.: 21 February 1991. pg. E.1 [16] Keung, Nicholas. "Boost immigration, bank's report says; Calls for 400,000 people a year to maintain growth Critics warn more resources needed to handle numbers." Toronto Star. Toronto, Ont.: 20 October 2005. pg. A.23 [17] George, Usha. "Immigration and Refugee Policy in Canada." Canadian Social Policy: Issues and Perspectives. ed. Anne Westhues. [18] Brojas, George J. Heaven's Door: Immigration Policy and the American Economy. [19] Bryan, Jay. "Newcomers improve pay equality in Canada;" The Gazette. Montreal, Que.: 26 May 2007. pg. C.1.BRE [20] Fitzpatrick, Meagan. "Majority of recent immigrants to Canada have degree." National Post. Tuesday, 4 March 2008 [21] NDP calls for recognition of foreign credentials Archived 4 February 2008 at the Wayback Machine., CTV News, URL accessed 23 February 2007 [22] Rynor, Becky. "Canadians are better educated than ever, Statistics Canada says" National Post. Tuesday, 4 March 2008 [23] Migrant Integration Policy Index, British Council, 15 October 2007, URL accessed 15 October 2007 [24] Liberals playing Immigration Card, National Post, 23 February 2007, URL accessed 23 February 2007 [25] Immigrants' creds not up to feds:PM, Winnipeg Sun, 20 February 2007, URL accessed 24 February 2007 [26] Foreign Credentials Referral Office, Part of Citizenship and Immigration Canada [27] Fair Access to Regulated Professions Act, 2006, Ministry of Citizenship and Immigration (Ontario), URL accessed 23 January 2007 [28] Alberta signs immigration deal with Ottawa, CBC News, URL accessed 11 May 2007 [29] The Impact of Immigration on Labour Markets in Canada, Mexico, and the United States, Statistics Canada, Update on Family and Labour Studies, May 2007, URL Accessed 4 January 2011 [30] Reitz, Jeffrey. "Immigrant Skill Utilization in the Canadian Labour Market: Implications of Human Capital Research," Journal of International Migration and Integration 2.3 (2001): 347-78 [31] Nakamur, Alice. "The Potential Impacts of Immigration on Productivity in Canada" Canada's Immigration Policy for the 21st Century edited by Charles M. Beach, Alan G. Green and Jeffrey G. Reitz, John Deutsch Institute: McGill-Queen's University Press, 2003. [32] The Transition Penalty: Unemployment Among Recent Immigrants to Canada, CLBC Commentary, Canadian Labour and Business Centre, July 2003, URL Accessed 13 September 2006 [33] Statistics Canada - Study: Canada's immigrant labour market, URL accessed 4 January 2011 [34] Immigrants' Declining Earnings:Reasons and Remedies, C.D. Howe Institute Backgrounder, C.D. Howe Institute, No. 81, April 2004, URL accessed 1 September 2006 [35] The rise in low-income rates among immigrants in Canada, Analytical Studies Branch research paper series, Statistics Canada, June 2003, URL accessed 4 January 2011 [36] La mesure de l'impact économique de l'immigration internationale. Problèmes méthodologiques et résultats empiriques, L'immigration, Volume 31, numéro 1, 2002, Cahiers québécois de démographie, ISSN 0380-1721 (imprimé), ISSN 1705-1495 (numérique), URL accessed 3 August 2006 [37] Kazemipur, Abdolmohammed and Shiva S. "Halli Immigrants and 'New Poverty': The Case of Canada." International Migration Review. 2001 [38] Siddiqui, Haroon. "Immigrants subsidize us by $55 billion per year." Toronto Star. Toronto, Ont.: 14 January 2001. pg. A.13 [39] Help Wanted, CTV News, 19 March 2004, URL accessed 10 July 2007 [40] Businesses applaud proposed immigration law, Globe and Mail, 28 March 2008, URL accessed 29 March 2008 [41] Boyd, Monica and Elizabeth M. Grieco "Triumphant Transitions: Socioeconomic Achievements of the Second Generation in Canada." International Migration Review, 1998 [42] Beiser, Martin. Strangers at the Gate: The "Boat People's" First Ten Years in CanadaToronto: University of Toronto Press, 1999 [43] Sarick, Lila. "Vietnam boat people prospering, study finds Public perception of refugees as drain on society is false, researcher says." The Globe and Mail. Toronto, Ont.: 27 September 1994. pg. A.4 [44] About the Department, Citizenship and Immigration Canada, URL accessed 25 November 2006 [45] Promoting opportunity for new Canadians, Prime Minister of Canada website, 12 May 2006, URL accessed 25 November 2006 [46] Canada's New Government Delivers on $307 Million in Settlement Funding, Citizenship and Immigration Canada, 10 November 2006, URL accessed 25 November 2006 [47] Public Accounts of Canada, 2006, Volume I, Summary Reports and Financial Statements, Public Works and Government Services Canada, 19 September 2006, URL accessed 12 March 2007 [48] Annual Immigration by Province, Citizenship and Immigration Canada, URL accessed 2 July 2006 [49] The Budget Plan 2007, Page 219, Department of Finance (Canada), URL accessed 24 March 2007 [50] New Deal for Cities, Canada's Cities, URL accessed 12 September 2006 [51] When immigration goes awry, Toronto Star, 14 July 2006, URL accessed 5 August 2006 [52] Will there be space for your child?, Globe and Mail, 30 July 2007, URL accessed 31 July 2007 [53] Campaign starts on a high -- Immigrant services again a top priority for United Way, Toronto Star, 11 September 2006, URL accessed 11 September 2006 [54] BLUEPRINT to fight hunger, Daily Bread Food Bank, 2006, URL accessed 5 October 2006 [55] Miami tops 'foreign-born' cities, BBC News, 15 July 2004, URL accessed 13 October 2006 [56] Ather H. Akbari, "The Impact of Immigrants on Canada's Treasury, circa 1990," in Diminishing Returns, ed. Don J. DeVoretz, Policy Study 24 (C. D. Howe Institute, Laurier Institution, 1995) [57] "The Political Economy of Canadian Immigration Debate: A Crumbling Consensus?" RIIM Commentary Series #96-03, Simon Fraser University. 1996. [58] Baker, Michael and Dwayne Benjamin "The Receipt of Transfer Payments by Immigrants to Canada." The Journal of Human Resources 1995 [59] Toronto's white underbelly. Kate Hammer. The Globe and Mail. Toronto, Ont.: 17 May 2008. pg. M.4 [60] A Study of Poverty and Working Poverty among Recent Immigrants to Canada [61] Keith Head, John Ries "Immigration and Trade Creation: Econometric Evidence from Canada." The Canadian Journal of Economics Vol. 31, No. 1 (Feb. 1998), pp. 47-6 [62] Share of Trade in GDP source data - Swivel [63] Canadian Manufacturers & Exporters Portal [64] http://www5.statcan.gc.ca/cimt-cicm/home-accueil?lang=eng Further reading Main article: Bibliography of Canadian economic history - Myers, Gustavus (1972), A history of Canadian wealth, Lewis and Samue History of the petroleum industry in Canada The Canadian petroleum industry arose in parallel with that of the United States. Because of Canada's unique geography, geology, resources and patterns of settlement, however, it developed in different ways. The evolution of the petroleum sector has been a key factor in the history of Canada, and helps illustrate how the country became quite distinct from her neighbour to the south. Although the conventional oil and gas industry in western Canada is mature, the country's Arctic and offshore petroleum resources are mostly in early stages of exploration and development. Canada became a natural gas-producing giant in the late 1950s and is second, after Russia, in exports; the country also is home to the world's largest natural gas liquids extraction facilities. The industry started constructing its vast pipeline networks in the 1950s, thus beginning to develop domestic and international markets in a big way. Despite billions of dollars of investment, its bitumen - especially within the Athabasca oil sands - is still only a partially exploited resource. By 2025 this and other unconventional oil resources - the northern and offshore frontiers and heavy crude oil resources in the West - could place Canada in the top ranks among the world's oil producing and exporting nations. In a 2004 reassessment of global resources, the United States' EIA put Canadian oil reserves second; only Saudi Arabia has greater proved reserves. In 2014, the EIA now ranks Canada as third in World Oil Reserves at around 175 billion barrels, while Saudi Arabia is 2nd with around 268 billion barrels and Venezuela is ranked first with around 297 billion barrels of reserves.¹ ² Many stories surrounding the petroleum industry's early development are colourful. The gathering oilpatch involved rugged adventurers, the occasional fraud, important innovations and, in the end, world-class success. Canadian petroleum production is now a vital part of the national economy and an essential element of world supply. Canada has become an energy giant. Early origins The early uses of petroleum go back thousands of years. But while people have known about and used petroleum for centuries, Charles Nelson Tripp was the first Canadian to recover the substance for commercial use. The year was 1851; the place, Enniskillen Township, near Sarnia, in present-day Ontario (at that time Canada West). It was there that Tripp started dabbling in the mysterious gum beds near Black Creek. This led to incorporation of the first oil company in Canada. Parliament chartered the International Mining and Manufacturing Company, with C.N. Tripp as president, on December 18, 1854. The charter empowered the company to explore for asphalt beds and oil and salt springs, and to manufacture oils, naphtha paints, burning fluids. International Mining and Manufacturing was not a financial success, but Tripp's asphalt received an honourable mention for excellence at the Paris Universal Exhibition in 1855. Several factors contributed to the downfall of the operation. Lack of roads in the area made the movement of machinery and equipment to the site extremely difficult. And after every heavy rain the area turned into a swamp and the gum beds made drainage extremely slow. This added to the difficulty of distributing finished products. North American first When James Miller Williams became interested and visited the site in 1856, Tripp unloaded his hopes, his dreams and the properties of his company, saving for himself a spot on the payroll as landman. The former carriage builder formed J.M. Williams & Company in 1857 to develop the Tripp properties. Besides asphalt, he began producing kerosene. Stagnant, algae-ridden surface water lay almost everywhere. To secure better drinking water, Williams dug (rather than drilled) a well a few yards down an incline from his plant. In 1858 at a depth of 15.5 metres (51 ft) the well struck oil. It became the first commercial oil well in North America, remembered as the Williams No. 1 well at Oil Springs, Ontario.³ The Sarnia Observer and Lambton Advertiser, quoting from the Woodstock Sentinel, published on page two on August 5, 1858:⁴ Some historians challenge Canada's claim to North America's first oil field, arguing that Pennsylvania's famous Drake Well was the continent's first. But there is evidence to support Williams, not least of which is that the Drake well did not come into production until August 28, 1859. The controversial point might be that Williams found oil above bedrock while "Colonel" Edwin Drake's well located oil within a bedrock reservoir. We do not know exactly when Williams abandoned his Oil Springs refinery and transferred his operations to Hamilton. He was certainly operating there by 1860, however. Spectator advertisements offered coal oil for sale at 16 cents per gallon for quantities from 4,000 US gallons (15,000 L) to 100,000 US gallons (380,000 L). By 1859 Williams owned 800 acres of land in Oil Springs. Williams reincorporated in 1860 as the Canadian Oil Company.⁵ His company produced oil, refined it and marketed refined products. That mix of operations qualify Canadian Oil as the world's first integrated oil company. Exploration in the Lambton county backwoods quickened with the first flowing well in 1860: Previous wells had relied on hand pumps. The first gusher erupted on January 16, 1862, when struck oil at 158 feet (48 m). For a week the oil gushed unchecked at levels reported as high as 3,000 barrels per day, eventually coating the distant waters of Lake St. Clair with a black film.⁶ There is historical controversy concerning whether it was John Shaw or another oil driller named Hugh Nixon Shaw who drilled this oil gusher; the newspaper article cited below identifies John Shaw.⁷ News of the gusher spread quickly and was reported in the Hamilton Times four days later:⁸ Following Williams' example, practically every significant producer in the infancy of the oil business became his own refiner. Seven refineries were operating in Petrolia, Ontario in 1864 and 20 in Oil Springs - together, they processed about 80 cubic metres of oil per day. There were also refineries in Wyoming, where the Great Western Railway (later Grand Trunk Railway) could take oil to market.⁹ In 1865 oil was selling for $70 per cubic metre ($11.13 per barrel). But the fields of Ontario delivered too much too quickly, and by 1867 the price had dropped to $3.15 per cubic metre ($0.50 per barrel). In 1866 the oil industry in Oil Springs came to an abrupt standstill and the population plumetted overnight: by 1870, Oil Springs and Bothwell were both dead fields, but other booms followed as drillers tapped deeper formations and new fields.¹⁰ Many local drillers moved several kilometers north to Petrolia, where operations began in earnest after the Oil Springs boom subsided.¹⁰ Although the industry had a promising start in the east, Ontario's status as an important oil producer did not last long. Canada became a net importer of oil during the 1880s. Dependence on neighbouring Ohio as a crude oil supplier increased after the automobile rolled into Canada in 1898. Canadian drillers Canadians developed petroleum expertise in those early days. The Canadian "oil man" or driller became valued the world over. Petrolia drillers developed the Canadian pole-tool method of drilling which was especially useful in new fields where rock formations were a matter for conjecture. The Canadian technique was different from the American cable-tool method. Now obsolete, cable-tool drilling uses drilling tools suspended from a cable which the driller paid out as the well deepened. Canada's pole-tool rig used rods or poles linked together, with a drilling bit fixed to the end of this primitive drilling "string." Black-ash rods were the norm in early Petrolia. Iron rods came later. Like the cable tool system, pole-tool drilling used the weight of the drill string pounding into the ground from a wooden derrick to make hole. The record is not complete enough to show all the locations Canadians helped to drill. However, Petrolia drillers unquestionably helped drill for oil in Java, Peru, Turkey, Egypt, Russia, Venezuela, Persia, Romania, Austria and Germany. One of the best-known Canadian drilling pioneers was William McGarvey. McGarvey acquired oil properties in Galicia (now part of Poland) and amassed a large fortune - then saw his properties destroyed when Russian and Austrian armies swept across the land during the First World War. Today, Canadian drillers still move to far away places to practise their widely respected skills. Eastern natural gas The natural gas industry was also born in eastern Canada. Reports from around 1820 tell of youngsters at Lake Ainslie, Nova Scotia, amusing themselves by driving sticks into the ground, pulling them out, then lighting the escaping natural gas. In 1859 an oil explorer found a natural gas seep near Moncton, New Brunswick. Dr. H.C. Tweedle found both oil and gas in what became the Dover field, but water seepage prevented production of these wells. An offshoot of the oil drilling boom was the discovery of gas containing poisonous hydrogen sulfide ("sour" gas) near Port Colborne, Ontario. That 1866 discovery marked the first of many gas fields found later in the southwestern part of the province. Eugene Coste, a young Paris-educated geologist who became the father of Canada's natural gas industry, brought in the first producing gas well in Essex County, Ontario, in 1889. Canada first exported natural gas in 1891 from the Bertie-Humberstone field in Welland County to Buffalo, New York. Gas was later exported to Detroit from the Essex field through a 20-centimetre pipeline under the Detroit river. In 1897, the pipeline stretched the Essex gas supply to its limit with the extension of exports to Toledo, Ohio. This prompted the Ontario government to revoke the licence for the pipeline. And in 1907 the province passed a law prohibiting the export of natural gas and electricity. In 1909, New Brunswick's first successful gas well came in at Stoney Creek near Moncton. This field still supplies customers in Moncton, although the city now has a propane air plant to augment the limited natural gas supply. The year 1911 saw a milestone for the natural gas industry when three companies using Ontario's Tilbury gas field joined to form Union Gas Company of Canada, Limited. In 1924, Union Gas was the first company to use the new Seabord or Koppers process to remove poisonous hydrogen sulfide from Tilbury gas. Union became one of the largest corporations in Canada before its acquisition by Duke Energy, a US firm. Westward move Those were the early days in Canada's petroleum industry. The cradle was in the east, but the industry only began to come of age with discoveries in western Canada, notably Alberta. There, the Western Canadian Sedimentary Basin is at its most prolific. Alberta's first recorded natural gas find came in 1883 from a well at CPR siding No. 8 at Langevin, near Medicine Hat. This well was one of a series drilled at scattered points along the railway to get water for the Canadian Pacific Railway's steam-driven locomotives. The unexpected gas flow caught fire and destroyed the drilling rig. This find prompted Dr. George M. Dawson of the Geological Survey of Canada to make a notable prediction. Noting that the rock formations penetrated in this well were common in western Canada, he prophesied correctly that the territory would some day produce large volumes of natural gas. A well drilled near Medicine Hat in 1890 - this time in search of coal - also flowed natural gas. The find prompted town officials to approach the CPR with a view to drilling deeper wells for gas. The resulting enterprise led to the discovery in 1904 of the Medicine Hat gas sand, which is now recognized as a source of unconventional gas. Later, that field went on production to serve the city, the first in Alberta to have gas service. When Rudyard Kipling travelled across Canada in 1907, he remarked that Medicine Hat had "all Hell for a basement." In northern Alberta, the Dominion Government began a drilling program to help define the region's resources. Using a rig brought from Toronto, in 1893 contractor A.W. Fraser began drilling for liquid oil at Athabasca. He abandoned the well in 1894. In 1897 Fraser moved the rig to Pelican Rapids, also in northern Alberta. There it struck gas at 250 metres (820 ft). But the well blew wild, flowing uncontrolled for 21 years. It was not until 1918 that a crew led by A.W. Dingman succeeded in killing the well. Dingman, who played an important role in the industry's early years, began providing natural gas service in Calgary through the Calgary Natural Gas Company. After receiving the franchise in 1908, he drilled a successful well in east Calgary on the Walker estate (a well which continued producing until 1948). He then laid pipe from the well to the Calgary Brewing and Malting Company, which began using the gas on April 10, 1910. The earliest efforts to develop western Canadian oil were those of Kootenai Brown. This colourful character - a frontiersman with an Eton and Oxford education - was probably Alberta's first homesteader. In 1874, Brown filed the following affidavit with Donald Thompson, the resident solicitor at Pincher Creek:¹¹ In 1901, John Lineham of Okotoks organized the Rocky Mountain Drilling Company. In 1902 he drilled the first oil exploration well in Alberta on the site of these seepages (now in Waterton Lakes National Park). Despite a small recovery of 34° API sweet oil, neither this well nor seven later exploration attempts resulted in production. The site is now a National Historic Site of Canada.¹² In 1909, exploration activity shifted to Bow Island in south central Alberta, where a natural gas discovery launched Canada's western gas industry. The same Eugene Coste who had found gas in Ohio and again in southern Ontario drilled the discovery well, Bow Island No. 1 (better known as "Old Glory"). Pipelines soon transported Bow Island gas to Medicine Hat, Lethbridge and Calgary, which used the fuel for heat and light. Eugene Coste became the founder of the Canadian Western Natural Gas Company when he merged the Calgary Natural Gas Company, Calgary Gas Company and his Prairie Fuel Company in August 1911. Turner Valley In early 1914, oil fever swept Calgary and other parts of southern Alberta. Investors lined up outside makeshift brokerage houses to get in on exploration activity triggered by the May 14, 1914 discovery of wet gas and oil at Turner Valley, southwest of Calgary. Reportedly, in one 24-hour period, investors and promoters formed more than 500 "oil companies."¹³ Incorporated a year earlier, the Calgary Stock Exchange was unable to control some of the unscrupulous practices that relieved many Albertans of their savings. The discovery well that set off this speculative flurry belonged to the Calgary Petroleum Products Company, an enterprise formed by W.S. Herron, William Elder and A.W. Dingman. Named Dingman No. 1 after the partner in charge of drilling, the well produced natural gas dripping with condensate, sometimes referred to as naphtha. Stripped from the gas, this hydrocarbon mixture was pure enough to burn in automobiles without refining; it became known as "skunk" gasoline because of its distinctive odour. Pioneered in Turner Valley, natural gas liquids extraction eventually became an important Canadian industry in its own right, as the story of its development illustrates. The Dingman well and its successors were really "wet" natural gas wells rather than true oil wells. The high expectations raised by the initial discovery gave way to disappointment within a few years. Relatively small volumes of liquids flowed from the successful wells. By 1917, the Calgary City Directory listed only 21 "oil mining companies" compared with 226 in 1914. Drilling continued in Turner Valley, however, and in 1924 came another significant discovery. The Calgary Petroleum Products Company, reorganized as Royalite Oil Company, drilled into Paleozoic limestone. The well blew out at 1,180 metres (3,870 ft). The blowout at Royalite No. 4 was one of the most spectacular in Alberta's history. Initially flowing at 200,000 cubic metres per day, the flow rate increased to some 620,000 cubic metres per day when the well was shut in. The shut in pressure continued to rise and, when the gauge read 1,150 pounds per square inch (7,900 kPa), the drillers ran for their lives. In 20 minutes, 939 metres (3,081 ft) of 8 inches (20 cm) and 3,450 ft (1,050 m) of 6 inches (15 cm) pipe - together weighing 85 tonnes - rose to the top of the derrick. The well blew wild, caught fire, and destroyed the entire rig. The fire blazed for 21 days. Finally, wild well control experts from Oklahoma used a dynamite explosion to blow away the flames. They then applied the combined steam flow of seven boilers to keep the torch from lighting again. Unknown to the explorers of the day, these wells extracted naphtha from the natural gas cap over Turner Valley's oilfield. After two years of off-and-on drilling, in 1936 the Royalites No. 1 well finally drilled into the principal oil reservoir at more than 2,500 metres (8,200 ft). This well, which established Turner Valley as Canada's first major oil field and the largest in the emerging British Commonwealth, used innovative financing. Promoters ordinarily sold shares in a company to finance new drilling programs, but in the Depression money for shares was hard to come by. Instead, R.A. Brown, George M. Bell and J.W. Moyer put together an enterprise called Turner Valley Royalties. That company offered a percentage share of production (a "royalty") to those willing to put money into the long-shot venture. Recoverable oil reserves from the Turner Valley field were probably about 19 million cubic metres. Although locals boasted at the time that it was "the biggest oil field in the British Empire", Turner Valley was not a large field by later standards. (By way of comparison, the Pembina field in central Alberta - Canada's largest - had recoverable reserves of about 100 million cubic metres.) But besides being an important source of oil supply for the then-small market in western Canada, the field had an important long-term impact. It helped develop petroleum expertise in Canada's west, and it established Calgary as Canada's oil and gas capital. Waste and conservation Enormous waste of natural gas was a dubious distinction that Turner Valley claimed for many years. Royalite had a monopoly on sales to Canadian Western Natural Gas Company, so other producers could not sell their gas. But all the producers wanted to cash in on the natural gas liquids for which markets were growing. So the common practice became to pass the gas through separators, then flare it off. This greatly reduced the pressure on the oil reservoir, reducing the amount of recoverable oil. But the size of the problem was not clear until the oil column was later discovered. The flares were visible in the sky for miles around. Many of these were in a small ravine known to locals as Hell's Half Acre. Because of the presence of the flares, the grass stayed green year-round and migrating birds wintered in their warmth. A newspaper man from Manchester, England, described the place with these florid words:¹¹ While the flaring continued, the business community seriously discussed ways to market the gas. For example, in early 1929 W.S. Herron, a Turner Valley pioneer, publicly promoted the idea of a pipeline to Winnipeg. At about the same time, an American company made application for a franchise to distribute natural gas to Regina. The Bank of North Dakota offered to buy 1.4 million cubic metres per day. By early 1930, there was talk of a pipeline from Turner Valley to Toronto. Estimates showed that gas delivery to Toronto would cost $2.48 per thousand cubic metres. A parliamentary committee looked into ways to force waste gas down old wells, set up carbon black plants or export the gas to the United States. Another proposal called for the production of liquefied methane. The Depression, however, had already gripped Canada, which may have been more severely affected than any other country in the world. Capital investment became less and less attractive and drilling at Turner Valley ground to a halt as the economic situation worsened. The federal government owned the mineral rights not held by the Canadian Pacific Railway, the Calgary & Edmonton Corporation, or individual homesteads. The government tried to curb the flaring of gas, but legal difficulties made its efforts of little avail. One federal conservation measure succeeded, however. On August 4, 1930, began operations to store surplus Turner Valley gas in the depleted Bow Island field. An earlier effort to control waste resulted in an Order in Council made on April 26, 1922, prohibiting offset drilling closer than 70 metres (230 ft) from any lease boundary. Keeping wells spaced away from each other, as this regulation did, prevents too rapid depletion of a field. After lengthy negotiations, the federal government transferred ownership of natural resources to the provinces effective October 1, 1930. Soon after, the Alberta government enacted legislation to regulate oil and gas wells. In October 1931, the provincial Legislature passed a bill (based on a report by a provincial advisory committee) to control the Turner Valley situation. While most operators supported this act, one independent operator, Spooner Oils Ltd., launched legal proceedings to have the act declared ultra vires; this was successful in a Supreme Court of Canada judgement handed down 3 October 1933.¹⁴ Alberta asked Ottawa to pass legislation confirming the provincial law; the federal government, however, shrugged off the request saying natural resources were under provincial jurisdiction During 1932, the newly created Turner Valley Gas Conservation Board proposed cutting production in half and unitizing the field to reduce waste. But the producers could not reach agreement on this issue, and the idea fell by the wayside. And so legal wrangling tied up any real conservation measures until 1938. In that year, the federal government confirmed the province's right to enact laws to conserve natural resources. With this backing, in July 1938 the province set up the Alberta Petroleum and Natural Gas Conservation Board (today known as the Energy Resources Conservation Board). New unitization rules limited well spacing to about 40 acres (16 ha) per well. The board also reduced oil production from the field. This reduced the flaring of natural gas, but it came only after the waste of an estimated 28 billion cubic metres. The lessons of Turner Valley made an impression around the world as the need for conservation and its impact on ultimate recovery became better understood. Countries framing their first petroleum laws have often used the Alberta legislation as a model. Besides contributing to conservation, solving Turner Valley's technical challenges with innovative technology also helped earn the field a place in early oil and gas history. Uncorrected, drilling holes wandered 22 degrees or more off course. As the field's high-pressure gas expanded, it cooled rapidly freezing production equipment. This complicated the production process. Other problems involved external corrosion, casing failures, sulfide stress corrosion cracking, corrosion inside oil storage tanks, and the cold winters. Early drilling was done by wooden cable tool drilling rigs which pounded a hole into the ground. These monsters ruled the drilling scene until the mid-1920s. Rotary drilling (which has since replaced cable tool drilling) and diamond coring made their appearance in Turner Valley in 1925. Nitro-shooting came in 1927 to enhance production at McLeod No. 2. Acidizing made its Canadian debut in 1936 at Model No. 3. Scrubbing gas to extract hydrogen sulfide started in 1925. Field repressurization began in 1944 and water flooding started in 1948. Only months after Union Gas completed a scrubbing facility for its Tilbury gas in Ontario, in 1924 Royalite began sweetening gas from the sour Royalite #4 well through a similar plant. This process removed H₂S from the gas, but did not extract the sulfur as a chemical element. This development waited until 1952, when a sulfur recovery plant at Turner Valley began producing raw sulfur. Turner Valley oil production peaked in 1942, partly because the Oil and Gas Conservation Board increased allowable production as part of the Second World War war effort. During that period exploration results elsewhere in western Canada were disappointing. The only significant discoveries were small heavy oil fields. Natural gas finds were mostly uneconomic, since Western Canada's few gas pipelines were small and already well supplied. Small discoveries elsewhere Natural flows of oil and gas led to the successful early exploration in Alberta's foothills. Those discoveries were not unique, however. Early settlers frequently found oil and gas seeps in Western Canada, generally near rivers, streams and creeks. At Rolla, British Columbia, for example, such an observation caught Imperial Oil's attention, and in 1922 the company financed exploration to investigate. A well was drilled and oil and gas found. However, the remoteness of the Peace River Country from market and the lack of good transport hindered commercial exploitation of the area. Today, however, Northeastern British Columbia is an active exploration and production region within the Western Canada Sedimentary Basin. Commercial development dates from the 1950s. Many small wells were successfully drilled in Western Canada in the pre-war years, but prior to the Second World War there were no big oil discoveries outside Turner Valley. Leduc That changed in 1947, when Imperial Oil discovered light oil just south of Edmonton. Imperial's success was inspired by their much earlier discovery at Norman Wells in the Northwest Territories. The link was that there appeared to be Devonian reefs in Alberta. At the Norman Wells discovery, Imperial had located just such a reservoir in the 1920s. During the 1930s and early 1940s, oil companies tried unsuccessfully to find replacement for declining Turner Valley reserves. According to legend, Imperial Oil had drilled 133 dry wells in Alberta and Saskatchewan, although the records show that many of those wells were natural gas discoveries that were uneconomic at the time. In 1946, the company decided on one last drilling program from east to west in Alberta. The wells would be "wildcats" - exploratory wells drilled in search of new fields. The first drill site was Leduc No. 1 in a field on the farm of Mike Turta, 15 kilometres west of Leduc and about 50 kilometres south of Edmonton. Located on a weak seismic anomaly, the well was a rank wildcat. No drilling of any kind had taken place within an 80-kilometre radius. Drilling started on November 20, 1946. It continued through a winter that was "bloody cold," according to members of the rig crew. At first the crew thought the well was a gas discovery, but there were signs of something more. At 1,530 metres (5,020 ft), drilling sped up and the first bit samples showed free oil in dolomite, a good reservoir rock. After coring, oil flowed to the surface during a drill stem test at 1,544 metres (5,066 ft). Imperial Oil decided to bring the well in with some fanfare at 10 o'clock in the morning of February 13, 1947. The company invited the mayor of Edmonton and other dignitaries. The night before the ceremony, however, swabbing equipment broke down. The crew laboured to repair it all night. But 10:00 a.m. passed and no oil flowed. Many of the invited guests left. Finally by 4:00 pm the crew were able to get the well to flow. The chilled onlookers, now numbering only about 100, saw a spectacular column of smoke and fire beside the derrick as the crew flared the first gas and oil. Alberta mines minister N.E. Tanner turned the valve to start the oil flowing (at an initial rate of about 155 cubic metres per day), and the Canadian oil industry moved into the modern era. This well marked the discovery of what became the Leduc/Woodbend field, which has since produced about 50 million cubic metres (more than 300 million barrels) of oil. Imperial lost no time. On February 12 the company had started drilling Leduc No. 2, about three kilometres southwest of No. 1, trying to extend the producing formation. But nothing showed up at that level and company officials argued over how to proceed. One group proposed abandoning the well, instead drilling a direct offset to No. 1; another group wanted to continue drilling No. 2 into a deep stratigraphic test. But drilling continued. On May 10 at 1,657 metres (5,436 ft), No. 2 struck the much bigger Devonian reef, which later turned out to be the most prolific geological formation in Alberta, the Leduc Formation. Leduc No. 1 stopped producing in 1974 after the production of some 50,300 cubic metres (320,000 barrels) of oil and 9 million cubic metres (320 million cubic feet) of natural gas. On November 1, 1989, Esso Resources (the exploration and production arm of Imperial) began producing the field as a gas reservoir. Geological diversity The Leduc discoveries put Alberta on the world petroleum map. News of the finds spread quickly, due in large part to a spectacular blowout in the early days of the development of this field. In March 1948, drillers on the Atlantic Leduc #3 well lost mud circulation in the top of the reef, and the well blew out. In one journalist's words,"The well had barely punched into the main producing reservoir a mile below the surface when a mighty surge of pressure shot the drilling mud up through the pipe and 150 feet (46 m) into the air. As the ground shook and a high-pitched roar issued from the well, the mud was followed by a great, dirty plume of oil and gas that splattered the snow-covered ground. Drillers pumped several tons of drilling mud down the hole, and after thirty-eight hours the wild flow was sealed off, but not for long. Some 2,800 feet (850 m) below the surface, the drill pipe had broken off, and through this break the pressure of the reservoir forced oil and gas into shallower formations. As the pressure built up, the oil and gas were forced to the surface through crevices and cracks. Geysers of mud, oil, and gas spouted out of the ground in hundreds of craters over a 10-acre (40,000 m²) area around the well." ¹¹ Atlantic #3 eventually caught fire, and the crew worked frantically for 59 hours to snuff out the blaze. It took six months, two relief wells and the injection of 160,000 cubic metres of river water to bring the well under control, an achievement which the crews celebrated on September 9, 1948. Cleanup efforts recovered almost 180,000 cubic metres of oil in a series of ditches and gathering pools. The size of the blowout and the cleanup operation added to the legend. By the time Atlantic #3 was back under control, the whole world knew from newsreels and photo features of the blowout that the words "oil" and "Alberta" were inseparable. Exploration boomed. By 1950, Alberta was one of the world's exploration hot spots, and seismic activity grew until 1953. After the Leduc strike, it became clear that Devonian reefs could be prolific oil reservoirs, and exploration concentrated on the search for similar structures. A series of major discoveries followed, and the industry began to appreciate the diversity of geological structures in the province that could contain oil. Early reef discoveries included Redwater in 1948, Golden Spike in 1949, Wizard Lake, Fenn Big Valley and Bonnie Glen in 1951 and Westerose in 1952. In 1953, Mobil Oil made a discovery near Drayton Valley, in a sandstone formation. By 1956, more than 1,500 development wells dotted what became the Pembina oil field (the largest field in western Canada) with hardly a dry hole among them, and the oil bearing Cardium Formation was dubbed the Cardium Freeway. The Swan Hills field, discovered in 1957, exploited a carbonate rock formation. Before Leduc, the petroleum industry had long been familiar with the oil sand deposits. A number of companies were already producing heavy oil in Alberta and Saskatchewan. The Turner Valley petroleum reservoirs near Calgary had been on production for nearly 35 years, and the Devonian reef at Norman Wells in the Northwest Territories had been discovered a quarter of a century earlier. In the decade after Leduc, the industry identified many more reservoir types, including those at Daly, Manitoba in 1951, at Midale, Saskatchewan in 1953 and at Clarke Lake, B.C. in 1956. And in the years since, the sector has found many more petroleum traps in the Western Canada Basin, especially within Alberta's borders. The region has great geological diversity. Foreign Interest At its recent peak in 1973, more than 78 per cent of Canadian oil and gas production was under foreign ownership and more than 90 per cent of oil and gas production companies were under foreign control, mostly American. It spurred the National Energy Program under the Trudeau government.¹⁵ Pipeline networks In 1853, a small gas transmission line in Quebec established Canada as a leader in pipeline construction. A 25-kilometre length of cast-iron pipe moved natural gas to Trois-Rivières, Quebec, to light the streets. It was probably the longest pipeline in the world at the time. Canada also boasted the world's first oil pipeline when, in 1862, a line connected the Petrolia oilfield to Sarnia, Ontario. In 1895, natural gas began flowing to the United States from Ontario's Essex field through a 20-centimetre pipeline laid under the Detroit River. In Western Canada, Eugene Coste built the first important pipeline in 1912. The 274-kilometre natural gas line connected the Bow Island gas field to consumers in Calgary. Canada's debut in northern pipeline building came during World War II when the short-lived Canol line delivered oil from Norman Wells to Whitehorse (964 kilometres), with additional supply lines to Fairbanks and Skagway, Alaska, USA, and to Watson Lake, Yukon. Wartime priorities assured the expensive pipeline's completion in 1944 and its abandonment in 1946. By 1947, only three Canadian oil pipelines moved product to market. One transported oil from Turner Valley to Calgary. A second moved imported crude from coastal Maine to Montreal while the third brought American mid-continent oil into Ontario. But the Leduc strike and subsequent discoveries in Alberta created an opportunity for pipeline building on a grander scale. As reserves increased, producers clamored for markets. With its population density and an extensive refining system that relied on the United States and the Caribbean for crude oil, Ontario was an excellent prospect. The west coast offered another logical choice - closer still, although separated from the oilfields by the daunting Rocky Mountains. The industry pursued these opportunities vigorously. Crude oil arteries Construction of the Interprovincial Pipeline system from Alberta to Central Canada began in 1949 with surveys and procurement. Field construction of the Edmonton/Regina/Superior (Wisconsin) leg began early in 1950 and concluded just 150 days later. The line began moving oil from Edmonton to the Great Lakes, a distance of 1,800 kilometres, before the end of the year. In 1953, the company extended the system to Sarnia, Ontario, in 1957 to Toronto. Other additions have extended the pipe to Montreal, Chicago and even Wood River in southern Illinois. The Interprovincial crude oil pipeline (now part of Enbridge Inc.) was the longest oil pipeline in the world when it was first constructed; the longest oil pipeline is now the Druzhba pipeline from Siberia. Until the completion of the TransCanada gas pipeline, it was also the longest pipeline in the world. The IPL line fundamentally changed the pricing of Alberta oil to make it sensitive to international rather than regional factors. The wellhead price reflected the price of oil at Sarnia, less pipeline tolls for shipping it there. IPL is by far the longest crude oil pipeline in the western hemisphere. Looping, or constructing additional lines beside the original, expanded the Interprovincial system and allowed its extension into the American midwest and to upstate New York. In 1976, it was 3,680 kilometres through an extension to Montreal. Although it helped assure security of supply in the 1970s, the extension became a threat to Canadian oil producers after deregulation in 1985. With Montreal refineries using cheaper imported oil, there was concern within the industry that a proposal to use the line to bring foreign oil into Sarnia might undermine traditional markets for Western Canadian petroleum. The oil supply situation on the North American continent grew critical during the Korean War and helped enable construction by Trans Mountain Oil Pipe Line Company¹⁶ of a transmission facility from Edmonton to Vancouver and, later, to the Seattle area. Oil first moved through the 1,200-kilometre, $93 million system in 1953. The rugged terrain made the Trans Mountain line an extraordinary engineering accomplishment. It crossed the Rockies, the mountains of central British Columbia, and 98 streams and rivers. Where it crosses under the Fraser River into Vancouver at Port Mann, 700 metres (2,300 ft) of pipe lie buried nearly 5 metres (16 ft) below the river bed. At its highest point, the pipeline is 1,200 metres (3,900 ft) above sea level. To support these major pipelines, the industry gradually developed a complex network of feeder lines in the three most westerly provinces. A historic addition to this system was the 866-kilometre Norman Wells pipeline, which was in effect an extension of the Interprovincial line. This pipeline accompanied the expansion and water flooding of the oilfield, and began bringing 600 cubic metres of oil per day to Zama, in northwestern Alberta, in early 1985. From Zama, Norman Wells oil travels through other crude oil arteries to markets in Canada and the United States. Interprovincial Pipeline was the foundation from which the large Canadian corporation Enbridge grew. Gas pipelines and politics Through much of the 20th century, Canadians viewed natural gas as a patrimony, an essential resource to husband with great care for tomorrow. By contrast, they generally viewed oil as just another commodity. Only in special circumstances was there much public debate about crude oil exports. Canadian attitudes about gas date back to the late 19th century, when Ontario stopped exports. The province began exporting natural gas in 1891 to Buffalo, N.Y. from the Bertie-Humberstone field near Welland, Ontario. Another pipeline under the Detroit River transported gas from the Essex field to Detroit. And by 1897, a pipeline to Toledo, Ohio began taxing the Essex gas field to its limits. As a result, the Ontario government revoked the pipeline licenses and passed a law prohibiting the export of both gas and electricity. The reasons behind Canada's protectionist policies toward natural gas are complex, but closely tied to the value gas has for space heating in a cold climate. These issues were not finally resolved in favour of continentalism until the implementation of the North American Free Trade Agreement in the 1990s. By the late 1940s, Alberta's Conservation Board had eliminated most of the wasteful production practices associated with the Turner Valley oil and gas field. As new natural gas discoveries greeted drillers in the Leduc-fueled search for oil, the industry agitated for licenses to export natural gas. That was when they discovered that getting permits to export Alberta natural gas was politically more complex than getting permits to export oil. Before giving approval, the provincial government appointed the Dinning Natural Gas Commission to inquire into Alberta's likely reserves and future demand. In its March 1949 report, the Dinning Commission supported the principle that Albertans should have first call on provincial natural gas supplies, and that Canadians should have priority over foreign users if an exportable surplus developed. Alberta accepted the recommendations of the Dinning Commission, and later declared it would only authorize exports of gas in excess of a 30-year supply. Shortly thereafter, Alberta's Legislature passed the Gas Resources Conservation Act, which gave Alberta greater control over natural gas at the wellhead, and empowered the Conservation Board to issue export permits. This led to the creation of the Alberta Gas Trunk Line, which gathered gas from wells in the province and to delivered it to exit points. There were many reasons for the creation of AGTL. One was that the provincial government considered it sensible to have a single gathering system in Alberta to feed export pipelines, rather than a number of separate networks. Another was that pipelines crossing provincial boundaries and those leaving the country fall under federal jurisdiction. By creating a separate entity to carry gas within Alberta, the provincial government stopped Ottawa's authority at the border. Incorporated in 1954, AGTL issued public shares in 1957. The company later restructured as NOVA Corporation, sold its pipeline assets (now primarily operated by TransCanada Corporation), and transformed itself into NOVA Chemicals. The federal government's policy objectives at the time reflected concern for national integration and equity among Canadians. In 1949, Ottawa created a framework for regulating interprovincial and international pipelines with its Pipe Lines Act. The federal government, like Alberta, treated natural gas as a resource that was so important for national security that domestic supply needed to be guaranteed into the foreseeable future before exports would be allowed. Although Americans were interested in Canadian exports, they understandably wanted cheap gas. After all, their natural gas industry was a major player in the American economy, and American policy-makers were not eager to allow foreign competition unless there was clear economic benefit. Consequently, major gas transportation projects were politically and economically uncertain. Construction Among the first group of applicants hoping to remove natural gas from Alberta was Westcoast Transmission Co. Ltd., backed by British Columbia-born entrepreneur Frank McMahon. The Westcoast plan, eventually achieved in a slightly modified form, took gas from northwestern Alberta and northeastern B.C. and piped it to Vancouver and to the American Pacific northwest, supplying B.C.'s interior along the way. Except for a small export of gas to Montana which began in 1951, Westcoast was the first applicant to receive permission to remove gas from Alberta. Although turned down in 1951, Westcoast received permission in 1952 to take 50 billion cubic feet (1.4×10⁹ m³) of gas out of the Peace River area of Alberta annually for five years. The company subsequently made gas discoveries across the border in B.C. which further supported the scheme. However, the United States Federal Power Commission (later the Federal Energy Regulatory Commission) rejected the Westcoast proposal in 1954 after three years of hearings and 28,000 pages of testimony. Within eighteen months, however, Westcoast returned with a revised proposal, found a new participant in the venture, and received FPC approval. Construction began on Canada's first major gas export pipeline. The Canadian section of the line cost $198 million to build and at the time was the largest private financial undertaking in the country's history. Built in the summer seasons of 1956 and 1957, the line moved gas from the Fort St. John and Peace River areas 1,250 kilometres to Vancouver and the American border. TransCanada PipeLines Limited also applied early for permission to remove natural gas from Alberta. Two applicants originally expressed interest in moving gas east: Canadian Delhi Oil Company (now called TCPL) proposed moving gas to the major cities of eastern Canada by an all-Canadian route, while Western Pipelines wanted to stop at Winnipeg with a branch line south to sell into the midwestern United States. In 1954 C.D. Howe forced the two companies into a shotgun marriage, with the all-Canadian route preferred over its more economical but American-routed competitor. This imposed solution reflected problems encountered with the construction of the Interprovincial oil pipeline. Despite the speed of its construction, the earlier line caused angry debate in Parliament, with the Opposition arguing that Canadian centres deserved consideration before American customers and that "the main pipeline carrying Canadian oil should be laid in Canadian soil". By constructing its natural gas mainline along an entirely Canadian route, TCPL accommodated nationalist sentiments, solving a political problem for the federal government. The regulatory process for TCPL proved long and arduous. After rejecting proposals twice, Alberta finally granted its permission to export gas from the province in 1953. At first, the province waited for explorers to prove gas reserves sufficient for its thirty-year needs, intending to only allow exports in excess of those needs. After clearing this hurdle, the federal government virtually compelled TCPL into a merger with Western pipelines. When this reorganized TCPL went before the Federal Power Commission for permission to sell gas into the United States, the Americans greeted it coolly. The FPC proved sceptical of the project's financing and unimpressed with Alberta's reserves. Engineering problems made the 1,090-kilometre section crossing the Canadian Shield the most difficult leg of the TransCanada pipeline. Believing construction costs could make the line uneconomic, private sector sponsors refused to finance this portion of the line. Since the federal government wanted the line laid for nationalistic reasons, the reigning Liberals put a bill before Parliament to create a crown corporation to build and own the Canadian Shield portion of the line, leasing it back to TCPL. The government restricted debate on the bill in order to get construction underway by June, knowing that delays beyond that month would postpone the entire project a year. The use of closure created a furore which spilled out of Parliament and into the press. Known as the Great Pipeline Debate, this parliamentary episode contributed to the Louis St. Laurent government's defeat at the polls in 1957. But the bill passed and construction of the TransCanada pipeline began. A stock trading scandal surrounding Northern Ontario Natural Gas, the contractor for the Northern Ontario leg of the pipeline, also implicated Sudbury mayor Leo Landreville and Ontario provincial cabinet ministers Philip Kelly, William Griesinger and Clare Mapledoram between 1955 and 1958.¹⁷ The completion of this project was a spectacular technological achievement. In the first three years of construction (1956–58), workers installed 3,500 kilometres of pipe, stretching from the Alberta-Saskatchewan border to Toronto and Montreal. Gas service to Regina and Winnipeg commenced in 1957 and the line reached the Lakehead before the end of that year. In late 1957, during a high pressure line test on the section of the line from Winnipeg to Port Arthur (today called Thunder Bay), about five and a half kilometres of pipeline blew up near Dryden. After quick repairs, the line delivered Alberta gas to Port Arthur before the end of the year, making the entire trip on its own wellhead pressure. Building the Canadian Shield leg required continual blasting. For one 320 metres (1,050 ft) stretch, the construction crew drilled 2.4 metres (7.9 ft) holes into the rock, three abreast, at 56-centimetre intervals. Dynamite broke up other stretches, 305 metres (1,001 ft) at a time. On October 10, 1958, a final weld completed the line and on October 27, the first Alberta gas entered Toronto. For more than two decades, the Trans-Canada pipeline was the longest in the world. Only in the early 1980s was its length finally exceeded by a Soviet pipeline from Siberia to Western Europe. With these events - the discovery and development of oil and gas reservoirs and of processing and transportation infrastructure - Canada's petroleum industry established its foundations. However, over the decades that followed the industry began to develop other domestic petroleum resources. These included oil sands and heavy oil deposits, and the northern and offshore frontiers. Also, the natural gas sector constructed extensive natural gas liquids extraction facilities. Taken together, these developments helped Canada create one of the world's largest and most complex petroleum industries. See also - Technological and industrial history of Canada - History of Canada - Energy policy of Canada - Natural gas processing - Science and technology in Canada - History of petroleum References [1] "Proved Reserves of Crude Oil". US Energy Information Administration. Retrieved 18 November 2014. [2] "30 countries with highest proven oil reserves Last updated on: March 1, 2012 08:31 IST". rediff.com. Retrieved 18 November 2014. [3] May, Gary. Hard oiler! Dundurn Press, 1998, p 33. [4] Sarnia Observer and Lambton Advertiser, "Important Discovery in the Township of Enniskillen," 5 August 1858, p 2. [5] Petroleum History Society, Petroleum History: Canadian Beginnings. [6] Earle Gray. Ontario's Petroleum Legacy: The birth, evolution, and challenges of a global industry (Edmonton: Heritage Community Foundation) 2008 [7] Johnson, Dana. The Shaw Investigation: A Review of Sources to Determine Who Drilled Canada's First Oil Gusher, Oil Museum of Canada, 2010. [8] Extraordinary Flowing Oil Well, Hamilton Times, Author Unknown, "Extraordinary Flowing Oil Well," 20 January 1862, p 2. [9] Elford, Jean Turnbull. Great West's Last Frontier – A History of Lambton (Wyoming excerpt), Lambton County Historical Society, 1967. [10] Oil Springs: boom and bust, Oil Museum of Canada [11] Quoted in Peter McKenzie-Brown, Gordon Jaremko, David Finch, The Great Oil Age, Detselig Enterprises Ltd., Calgary; 1993 [12] Dormarr, Johan; Watt, Robert A. (2007). "First Oil Well in Western Canada National Historic Site of Canada". Parks Canada. Retrieved 18 June 2010. [13] Ward, Tom (1975). Cowtown : an album of early Calgary. Calgary: City of Calgary Electric System, McClelland and Stewart West. p. 214. ISBN 0-7712-1012-4. [14] Supreme Court [15] Peter Tertzakian (Jul 25, 2012). "Canada again a focus of a new Great Scramble for oil". The Globe and Mail. [16] Peter Meiszner (Oct 14, 2013). "Pipeline history: Opening of the Trans Mountain pipeline in 1953". Global Online News. [17] Bad Judgment: The Case of Justice Leo A. Landreville, William Kaplan, 1996. External links - Map of Canadian Oil and gas infrastructure Further reading - Allan Anderson (1981). Roughnecks and wildcatters: hundreds of first-hand exciting stories by Canadian rigbuilders. Macmillan. - Robert Bott; David M. Carson; Jan W. Henderson; Shaundra Carvey (2004). Our petroleum challenge: sustainability into the 21st century. Canadian Centre for Energy Information. ISBN 978-1-894348-15-7. - David Breen (January 1993). Alberta's petroleum industry and the Conservation Board. University of Alberta. ISBN 978-0-88864-245-5. - David Finch (1 March 2005). Hell's Half Acre: Early Days In The Great Alberta Oil Patch. Heritage House Publishing Co. ISBN 978-1-894384-82-7. - Earle Gray (1 August 2008). Ontario's petroleum legacy: the birth, evolution and challenges of a global industry. Heritage Community Foundation. ISBN 978-0-9739892-2-9. - George De Mille (1969). Oil in Canada West, the early years. Printed by Northwest Printing and Lithographing. - Gary May (1 October 1998). Hard Oiler!: The Story of Canadians' Quest for Oil at Home and Abroad. Dundurn Press Ltd. ISBN 978-1-55002-316-9. - Peter McKenzie-Brown; Gordon Jaremko; David Finch (15 November 1993). The great oil age: the petroleum industry in Canada. Detselig Enterprises. ISBN 978-1-55059-072-2. Metric conversion - Canada's oil measure, the cubic metre, is unique in the world. It is metric in the sense that it uses metres, but it is based on volume so that Canadian units can be easily converted into barrels. In the rest of the metric world, the standard for measuring oil is the metric tonne. The advantage of the latter measure is that it reflects oil quality. In general, lower grade oils are heavier. - One cubic metre of oil = 6.29 barrels. One cubic metre of natural gas = 35.49 cubic feet (1.005 m³). One kilopascal = 1% of atmospheric pressure (near sea level). Science and technology in Canada Science and technology in Canada consists of three distinct but closely related phenomena: - the diffusion of technology in Canada, - scientific research in Canada - innovation, invention and industrial research in Canada The diffusion of technology in Canada Main article: Diffusion of technology in Canada Scientific research in Canada Main article: Scientific research in Canada Innovation, invention, and industrial research in Canada Main article: Invention in Canada Technological and industrial history of Canada Main article: Technological and industrial history of Canada See also: Technological and industrial history of 20th-century Canada See also: Technological and industrial history of 21st-century Canada See also Further reading Main article: Bibliography of Science and technology in Canada - Council of Canadian Academies (2012). The State of Science and Technology in Canada, 2012. Council of Canadian Academies. ISBN 978-1-926558-47-9. External links - Science and Technology for Canadians - Government of Canada - Canada Science and Technology Museum - Government of Canada - Canadian Institute for Advanced Research: Science - Canadian Encyclopedia: Science Technological and industrial history of Canada The technological and industrial history of Canada encompasses the country's development in the areas of transportation, communication, energy, materials, public works, public services (health care), domestic/consumer and defense technologies. Most technologies diffused in Canada came from other places; only a small number actually originated in Canada. For more about those with a Canadian origin, see Invention in Canada. The terms chosen for the "age" described below are both literal and metaphorical. They describe the technology that dominated the period in question but are also representative of a large number of other technologies introduced during the same period. Also of note is the fact that the period of diffusion of a technology can begin modestly and can extend well beyond the "age" of its introduction. To maintain continuity, the treatment of its diffusion is dealt with in the context of its dominant "age". For example, the "Steam Age" here is defined as being from 1840 to 1880. However, steam-powered boats were introduced in 1809, the CPR was completed in 1885 and railway construction in Canada continued well into the 20th century. To preserve continuity, the development of steam, in the early and later years, is therefore considered within the "Steam Age". Technology is a major cultural determinant, no less important in shaping human lives than philosophy, religion, social organization, or political systems. In the broadest sense, these forces are also aspects of technology. The French sociologist Jacques Ellul defined "la technique" as the totality of all rational methods in every field of human activity so that, for example, education, law, sports, propaganda, and the social sciences are all technologies in that sense.¹ At the other end of the scale, common parlance limits the term's meaning to specific industrial arts. The Stone Age: Fire (14,000 BC – AD 1600) The diffusion of technology in what is now Canada began with the arrival of the first humans about 14,000 BC. These people brought with them stone and bone tools. These took the form of arrowheads, axes, blades, scrappers, needles, harpoon heads and fishhooks used mostly to kill animals and fish for food and skins. They also brought fire, which they used for heating their dwellings and for cooking which was done on open fires. There were no clay pots or ovens. In the Arctic, the Innu used stick frames covered with animal skins for shelter during the summer months, while they built houses made of snow or igloos during the harsh winter. On the plains, native peoples used the well known teepee. This consisted of a number of poles arranged to form a conical structure which was in turn covered with animal skins. In central Canada, the long house was popular. This large structure was built from interwoven branches and could house 70 to 80 people. Several of these structures would be built together to form a village which was often surrounded by a palisade of logs stuck vertically into the ground as protection from hostile tribes. On the west coast, native peoples constructed dwellings made from heavy timber. These structures were built near the water's edge and were often decorated with elaborate and elegant carved images. Transportation techniques were simple. The aboriginal peoples did not have the wheel, horses or the sail. The paddle powered canoe was the most common means of transport and was especially practical during the summer, considering the large number of lakes and rivers that characterized the topography. The dugout was favoured in the waters off the west coast. Summer travel also saw use of the travois, a simple type of sled that was pulled over the ground by a dog and used to transport a light load. In the winter snow shoes made walking in the deep snow practical. Winter transport in the Arctic made use of dog teams, and in warmer summer months, use of kayaks was common. Clothing was made of animal skins, which were cut with stone and bone tools and sewn with bone needles and animal sinews. Native peoples did not have textiles. For the most part native peoples were hunters and gatherers, chasing large animals, and fishing for a source of protein. Wild plants and fruits that also an important food source. A common, easily stored and readily transportable food was pemmican, dried powdered meat mixed with fat, berries and "vegetables". In central Canada, there was limited agriculture which allowed the storage of some food during times of privation. Of note was the fact that they did not have the plough or draught animals. The first peoples had techniques for dealing with disease. Medicines included those made from high bush cranberries, oil of wintergreen and bloodroot. A type of tea made from the bark of the spruce or hemlock could prevent or cure scurvy. The first peoples did not have a written language. Their extensive knowledge of the natural world and information relating to their customs and traditions was passed orally. Weapons of war were made by hand from wood and stone. The long range weapon of these times was the bow and arrow with an effective range of up to 100 metres. Close in fighting was conducted with a range of simple armaments including stone-tipped spears, stone axes (tomahawks), stone blades used as knives and stone and wooden clubs of various types. Because there was no knowledge of metalworking with the exception of some small items of jewelry made from copper, weapons such as swords and metal knives were not part of this early arsenal.² The Age of Sail (1600-1830) The arrival of white explorers and colonists in the 16th century introduced those technologies popular in Europe at the time, such as iron making, the wheel, writing, paper, printing, books, newspapers, long range navigation, large ship construction, stone and brick and mortar construction, surgery, firearms, new crops, livestock, the knife fork and spoon, china plates and cups, weed, cotton and linen cloth, horses and livestock. Transportation: shipbuilding and the wheel The use of wind and water as sources of power were major developments in the technological history of the new colonies. Ships with large masts and huge canvas sails maintained the link between the coloniesureJean Talon established the Royal Dockyard on the St. Charles River in Quebec City and the first 120-ton vessel was launched there in 1666. Three other ships, including a 450-ton "galiotte", were built before Talon's departure for France in 1672 and four more were built in Quebec between 1704 and 1712 followed by another nine between 1714 and 1717. Work at the Royal Dockyard recommenced in 1739 and by 1744, twelve vessels had been constructed there, including the Canada, a 500-ton merchantman. Demand for ships was such that a second Royal Dockyard was established in 1746, on the St. Lawrence at the foot of Cap Diamante, where the largest vessel of the French Regime, a 72 gun, 800 ton war ship was built. The fall of New France to the British in 1759 put an end to these activities.³ However, the beginning of the 19th century witnessed a revival. The British loss of the American colonies with their associated shipbuilding industry, the subsequent British loss of Baltic sources of timber, as well as Canada's abundant supply of wood along with the tradition of shipbuilding established in New France made British North America an ideal location for a renewed shipbuilding industry. Quebec City and Saint John, New Brunswick, both centres of timber export also became dominant centres for this activity not only in Canada but worldwide. The ships intended for trade, mostly with Britain and common designs, included the two-masted brig and brigantine, and the popular barque, with three masts or more. Designs of between 500 and 1000 tons, which sacrificed speed in favour of a voluminous hold, were well-suited to the carriage of timber and therefore preferred. The Californian and Australian gold rushes of 1848 and 1851 respectively further fed the demand for Canada's large ocean vessels. However, the arrival of the iron and steel-hulled steamship associated with the Canadian inability to adapt to this new technology eventually bankrupted the industry in the latter years of the century. Inland travel by the coureurs de bois was by way of an Indian invention, the canoe. The York boat and bateau were also popular for travel on inland waters. The York boat was used by traders working for the Hudson's Bay Company and was named after the fur trading post at York Factory on Hudson Bay. The York boat was larger, more stable, and had a greater carrying capacity than the canoe. The first was built in 1794 and numbers of these craft navigated the rivers of the northern prairie region as far west as Fort Chipewyan until replaced by the steamboat in the 19th century. The flat-bottomed bateau was another craft used on Canada's inland waters by both British and French colonists in the 18th and 19th centuries. Within settlements, transport was often simply a matter of walking around town. The horse, introduced by the new arrivals in 1665, also provided a new and convenient mode of transport. The wooden cart, wagon and carriage, made possible by the introduction of the wheel in combination with the horse, dramatically improved the transport of people and goods. The first graded road in Canada was built by Samuel de Champlain in 1606 and linked the settlement at Port Royal to Digby Cape, 16 kilometres away. By 1734 Quebec City and Montreal were connected by a road, Le chemin du roi, along the north shore of the St. Lawrence. The 267 km distance could be traversed with great difficulty and discomfort by horse-drawn carriage in four to five days. Most roads were of very poor quality especially in wet weather. To overcome this problem logs were often placed side by side crosswise to cover ruts, puddles and mud holes. The result was a more solid but very bumpy surface that was referred to as a corduroy road. Work on what would be called the, "longest street in the world", formally known as Yonge Street, began in York (Toronto), in 1795 under the direction of Deputy Surveyor General Augustus Jones. Initially a trail, it ran from Eglington Avenue to St. Albans (Holland Landing) and later much further north. The task of widening the path into a road fell to local farmers.⁴ The period also saw the construction a number of important canals, including the Rideau Canal, Ottawa–Kingston, 1820, the Lachine Canal, Montreal, 1825, the Ottawa River Canals at Grenville and Carillon, Quebec, 1834 and the Chambly Canal, Chambly, Quebec, 1843. Communication, symbolic language The introduction of written language and mathematics to the new world was of paramount importance. The 26-letter, Roman-based alphabet that formed the basis for French and English words was arguably much more flexible that the pictographs that characterized eastern languages. The pen along with ink and paper made written communication possible and allowed private individuals, businessmen, the clergy and government officials to produce the documents essential for social, commercial, religious and political intercourse. This created a need for mail service. Messages were originally carried between settlements on the St. Lawrence by canoe. After 1734, the road between Montreal and Quebec was used by a special courier to carry official dispatches. In 1755 a post office was opened in Halifax by Benjamin Franklin, the Post Master of the British colonies, as part of a trans-Atlantic mail service that he established between Falmouth, England and New York. In 1763, Franklin opened other post offices in Quebec City, Trois-Rivières and Montreal with a link from the latter city to New York and the trans-Atlantic service. The War of American Independence seriously disrupted mail service in Canada but by 1783 peace had been restored and Hugh Finlay was appointed Post Master for the northern colonies in 1784. That same year Finlay hired Pierre Durand to survey an all-Canadian mail route to Halifax. The path chosen took 15 weeks for a round trip! Although the written word was a vital part of communications, French colonial policy opposed the establishment of newspapers in New France. Canada's first paper, the Halifax Gazette, produced on a simple printing press, began publication in 1752 under the watchful eye of John Bushell. In 1764, the Quebec Gazette was established in Quebec City by William Brown and Thomas Gilmore. The Montreal Gazette was founded in that city in 1785 by Fleury Mesplet. Other newspapers followed including the Upper Canada Gazette at Newark (Niagara-on-the-Lake) in 1793, the first newspaper in what is now Ontario, the Quebec City Mercury, 1805, the Montreal Herald, 1811, Le Canadien 1806, La Minerve, 1826, and the Colonial Advocate and Novascotian both in 1824. These publications were simple affairs, typeset by hand, consisting of only a few pages, produced in limited quantities on simple presses and of limited distribution. Energy Wind power was used to some to turn the sails of the windmill, which did not come into widespread use. However water power was used extensively to power grist mill in both New France and later, Quebec and Upper Canada and Lower Canada. Animal power in the form of the horse or ox was used to work the fields. The first horses were introduced to New France in 1665. Fire from a wood or oil fuel source was not new but the use of stone fireplaces and ovens along with metal pots and pans dramatically changed the nature of cooking. Industry Between the 1530s and 1626, Basque whalers (whaling) frequented the waters of Newfoundland and the north shore of the Gulf of St. Lawrence from the Strait of Bell Isle to the mouth of the Sagenuay River. They constructed stone ovens ashore for fires to melt whale fat. However, as whales became scarce, the cod fishery (fishing) off the Grand Banks of Newfoundland became hotly contested by the British and French, in the 16th and 17th centuries. The British used small boats close to shore from which they caught the cod with hook and line. They practised the "dry fishery" technique which involved shore based settlements for the drying of cod on flakes or racks placed in the open air for their subsequent transport back to Europe. The French on the other hand practised the "green fishery" which involved processing the catch with salt aboard ship. At the same time a fleet of schooners fishing for cod, halibut, haddock, and mackerel became prominent off the Atlantic coast. The use of the long line and purse seine net increased the size of the catch. It is ironic that a phenomenon as fickle as fashion would be responsible for the economic development and exploration of half a continent, but such was the case with the fur trade in North America between 1650 and 1850. The subject of bitter rivalry between the British and French Empires and inter-corporate rivalry among a number of business organizations, notably the Hudson's Bay Company and the North West Company, the technology of the trade was the picture of simplicity. Traders, be they French or British, would set out in birch bark canoes loaded with trade goods (knives, axe heads, cloth blankets, alcohol, firearms and other items) and travel west along Canada's numerous rivers, streams and lakes in search of Indians and exchange these items for beaver skins. The skins came from animals trapped by the native peoples and worn as clothing during the long cold Canadian winter. The skins were worn with the fur side next to the skin, and by the spring the long hairs would be worn away, leaving the short hairs which were used to make felt. The skins were then carried by the traders in their canoes back to trading posts in Montreal or on Hudson Bay and transported by sailing ship to England or France. There they were processed by a technique involving mercury, and the felt that resulted from the treatment was used to make beaver hats. This coincidentally gave rise to the associated phenomenon of the mad hatter. A combination of diminishing beaver stocks and a change in fashion that saw a decline in the popularity of the beaver hat put an end to the trade. Agriculture was an essential colonial activity. The settlers who founded Port Royal in Acadia in 1605 drained coastal marshes with a system of dikes and grew vegetables, flax and wheat and raised livestock. After 1713, the British promoted the Maritimes as a source of hemp for rope for the Royal Navy, with moderate success. Mixed farming, the growing of wheat and the raising of livestock would characterize the nature of maritime agriculture well into the mid-19th century. In 1617, Louis Hebert a colonist in Quebec began to raise cattle and grow peas, grain and corn on a very small plot. In the 1640s, charter companies promoted agriculture and settlers cleared forested land with the use of axes, oxen, horses and asses. In 1663, Louis XIV, through his colonial administrators Colbert and Jean Talon took steps to promote the cultivation of hops and hemp and the raising of livestock. By 1721, the harvest of the farmers of New France consisted predominantly of wheat and the census of horses, pigs, cattle and sheep registered 30,0000 animals. In the latter part of the century, the British promoted the cultivation of potatoes. The arrival of the Loyalists in Upper Canada (where they were given the title United Empire Loyalists) in the late 18th century resulted in the cultivation of hemp but agriculture was dominated by the wheat culture well into the mid-19th century. The techniques for the production of beer were quickly introduced to colonial life. The first commercial brewery in Canada was built in Quebec City in 1668 by Jean Talon. This was followed by the construction of other breweries including those of John Molson in Montreal, 1786, Alexander Keith, Halifax, 1820, Thomas Carling, London, 1840, John Kinder Labatt, London, 1847 and Eugene O'Keefe in Toronto in 1891. Of note is the fact that the first patent awarded by the government of Canada went to Mr. G. Riley in 1842 for "an improved method of brewing ale, beer, porter, and other maltliquors". Money, then as now was of vital interest to individuals and to the functioning of the economy. The first coin produced for use in New France was the "Gloria Regni", a silver piece struck in Paris in 1670. The first paper money in New France consisted of playing cards signed by the governor and issued in 1685 to help deal with the chronic shortage of coins. After 1760, the British introduced the sterling, which officially stood as Canada's currency for almost a century. However, the monetary system was a chaotic affair and the British coins and paper were circulated along with Spanish dollars, Nova Scotia provincial money, US dollars and gold coins and British paper "army bills" used to buy supplies in the War of 1812. In 1858 the government of the Province of Canada began keeping its accounts in Canadian dollars and to circulate its own paper currency alongside the paper dollars circulated by the Bank of Montreal and other banks. Materials The Europeans brought with them metal and textiles and the knowledge of the means to make them. Les Forges de St. Maurice, which began producing iron in 1738 at facilities near Trois-Rivières and the Marmora Ironworks (established in 1822 near Peterborough), were the first iron works in Canada. Both ceased operations in the latter part of the 19th century. Early 16th century female settlers along the St. Lawrence and in Acadia were almost all were familiar with the techniques of spinning yarn and weaving cloth for everyday clothes and bedding and the home production of textiles eventually became an important cottage industry. The spinning wheel and loom were features of many colonial homes and weaving techniques included the "à la planche" and "boutonné" methods. Loyalist women settling in Upper and Lower Canada grew flax and raised sheep for wool to make clothing, blankets and linen. The Jacquard loom, introduced in the 1830s, featured a complex system of punch cards to control the pattern and was the first programmable machine in Canada. With the arrival of industrial textile mills in Montreal and Toronto in the late 19th century, the economic advantage of home weaving faded. Wood ash became a significant export during this period. Potash made from the ashes of burnt wood was used as a bleaching and dying agent in textile production in Britain. Wood ash and pearl ash (potash mixed with lime) were shipped overseas as early as 1767 and export reached a peak in the mid-19th century. In 1871, there were 519 asheries in operation in Canada. Wood ash was also used in the home by colonials to make soap.⁵ Medicine Medical treatment at this time reflected techniques available in France and was provided by a barber-surgeon. The first in New France was Robert Giffard, who arrived in Quebec City in 1627 and "practiced" at Hotel-Dieu, Canada's first hospital, a very modest four-room structure founded by the church. The panacea was bleeding, which involved the use of a knife to cut open a blood vessel and drain away a quantity of the patient's blood. There was some surgery, but it was undertaken with primitive instruments and without anesthetic or any familiarity with the concept of infection. Both the procedure and results were usually quite gruesome. Another figure of repute, Michel Sarrazin, a botanist as well as doctor, arrived from France in the latter half of the 17th century and served as the surgeon-major for the French troops in New France. He, too, practised at Hotel-Dieu and while there treated hundreds of patients infected during a typhus epidemic. Eyeglasses for the correction of vision became available at this time. The mercury thermometer, invented in 1714, became a useful diagnostic tool for doctors as did the stethoscope invented in 1816. Because doctors were few and far between people with medical problems often had to treat themselves. They used Indian medicines or home remedies based on the internal and external application of various herbal and animal products. Advances in surgery came in the early 19th century with the innovative work of Dr. Christopher Widmer who practised at York Hospital (later known as Toronto General Hospital) and R.W. Beaumont made a name as a noted inventor of surgical instruments. The early part of the 19th century also witnessed the first halting steps with respect to the use of inoculation in Nova Scotia, in this case against smallpox. However, it would take another one hundred years for the practice to become widespread. General hospitals were established in Montreal in 1819 and York ( now Toronto) in 1829. Domestic technology The first houses in Canada were constructed at Port Royal on the Annapolis River in what is now Nova Scotia in 1605. The colonists built simple wooden frame homes with peaked roofs around a central courtyard. This established a house-building tradition that lasts to this day, for by far the most common domestic structure in Canada for the last 400 years has been the wood-frame peak-roofed house. Most domestic homes in New France from about 1650 to 1750, both urban and rural, were simple wooden structures. Wood was inexpensive, readily available and easily worked by most residents. Rooms were small, usually limited to a living/dining/kitchen space and perhaps a bedroom. Roofs were usually peaked to deflect the rain and very heavy snow. After fires in Quebec City in 1682 and Montreal in 1721, building codes emphasized the importance of stone construction, but these requirements were mostly ignored except by the most affluent. The most popular type of domestic dwelling in Loyalist Upper Canada in the late 18th century was the log house or the wood frame house (or, less commonly, the stone house). When homes were heated, it was by a fireplace burning wood or a cast-iron wood stove, which was also used for cooking, and they were lit by candlelight or whale oil lamp. Kerosene lamps became popular in the 1840s, when Gesner of Halifax developed an effective way to manufacture that product. Water for drinking and washing was carried to the home from an outside source. Tables and chairs, items unknown to Canada's native peoples, were introduced and had an important place in the home. The new arrivals also brought new eating habits. Meat from animals such as cows, sheep, chickens and pigs was common, as were new types of fruits and vegetables. These items were eaten fresh but could be stored for later consumption if salted, pickled or frozen. Grain was ground to flour at the local grist mill and baked in the home oven with yeast to make bread. Hopps, grain and fruit were fermented to make beer, hard alcohol and wine. Meals were served on pewter or china plates and eaten with a metal knife, fork and spoon. The places were set on a simple wooden table with wooden chairs often made by the man of the house. Musical instruments did much to enliven the colonial life. In the well-known documents The Jesuit Relations, there is reference to the playing of the fiddle in 1645 and the organ (music) in 1661. Quebec City boasted of Canada's first piano in 1784. Waste disposal Sewage and garbage disposal were simple tasks in the mostly rural parts of the colonies. Sewage was dumped into a stream or left in pits and buried. Scrap food was fed to farm animals and any other garbage or waste was burned or placed in a quiet corner of the property and left to deteriorate. However, in towns such as Halifax, Quebec City, Montreal and York (Toronto), these tasks became more difficult due to lack of space and the concentrated population, and the result was very unpleasant. Streets reeked with the smell of decaying garbage as well as pig, horse and cow excrement. Markets were places of animal blood, rotting animal carcasses and fish heads and other decaying organic matter. Human excrement was stored in pails in buildings and then dumped into the streets. Not until the mid-19th and early 20th centuries would these problems be effectively addressed through the installation of sewer systems and the organization of municipal garbage collection. Military technology The Europeans introduced extremely important innovations relating to warfare: gunpowder, the cannon and the musket. The cannon was used to arm a number of important military structures, including the Citadel of Quebec, Quebec City, Quebec (1745), the Fortress of Louisburg, Louisburg, Nova Scotia (1745), and Fort Henry, Kingston, Ontario, 1812. They were also the primary weapon aboard the warships of the era. French regular soldiers stationed in New France and British regulars stationed in British North America after 1763 were equipped with a musket and bayonet. Ironically, in the Battle of Quebec, the French General Montcalm ordered his troops out of the ultra-modern stone-walled Citadel with its heavy defensive cannon and onto the adjacent Plains of Abraham where they were felled by a single volley of musket fire from the British line. Both the British/Canadian/Native troops and American troops were equipped with cannons and muskets when invading American armies attacked Canada in 1775 and again during the period from 2000 to 2001 with the intent of annexation. In both cases, the invaders were defeated. The Steam Age (1830–1880) The pace of diffusion quickened in the 19th century with the introduction of such technologies as steam power and the telegraph. Indeed, it was the introduction of steam power that allowed politicians in Ottawa to entertain the idea of creating a transcontinental state. In addition to steam power, municipal water systems and sewer systems were introduced in the latter part of the century. The field of medicine saw the introduction of anesthetic and antiseptics. Steam power Steam power was first introduced to Canada via the paddle-powered steamboat. The Accommodation, a side-wheeler built entirely in Montreal by the Eagle Foundry and launched in 1809, was the first steamer to ply Canadian waters, making its maiden voyage from Montreal to Quebec that same year in 36 hours. Other paddle-wheel steamboats included the Frontenac, Lake Ontario (1816), the General Stacey Smyth, Saint John River (1816), the Union, lower Ottawa River (1819), the Royal William, Quebec to Halifax (1831), and the Beaver, BC coast (1836). One of the largest trans-Atlantic steamship lines was established in Montreal in 1854. The Allan Line Royal Mail Steamers company, founded by Sir Hugh Allan, operated a fleet of over 100 oceangoing steam ships, plying the route between Montreal and Britain from that date until 1917, when it was sold to Canadian Pacific Ocean Services Limited. The first steam locomotive-powered railway service in Canada was offered by the Champlain and St. Lawrence Railroad, Quebec, in 1836. Other railway systems soon followed, including the Albion Mines Railway, Nova Scotia (1839), the St. Lawrence and Atlantic Railroad (1853), the Great Western Railway, Montreal to Windsor (1854), the Grand Trunk Railway, Montreal to Sarnia (1860), the Intercolonial Railway (1876), the Chignecto Marine Transport Railway, Tignish, Nova Scotia (1888), the Edmonton, Yukon & Pacific Railway (1891), the Newfoundland Railway, St. John's, Newfoundland and Labrador (1893), the White Pass and Yukon Railway, Whitehorse, Yukon Territory (1900), the Kettle Valley Railway, British Columbia (1916) and Canadian National Railways (1917).⁶ One of the great engineering works of the world, the Canadian Pacific Railway and its associated Canadian Pacific trans-Canada telegraph system, was completed in 1885. Between 1881 and 1961, CPR would operate 3,267 steam locomotives. The stagecoach came into its own in the mid-19th century. Roads in early colonial Canada were poor and not well-suited to long distance travel by horse-drawn coach. For this reason, the stage coach was used mostly for short distance travel and long distance inter-city passenger service was mostly by water. With the introduction of the steam locomotive, long distance inter-city passenger service boomed. However, a means of conveyance was required serve small towns that found themselves short distances from "the end of the line" or beyond the reach of local public horse car service. The stage coach was well-suited to this role. From about 1850 until 1900, in parallel with the explosive growth of the rail network all across Canada, the service grew. However, the ever-expanding reach of the rail network spread eventually even to small towns. The small size of the markets served and arrival of cars and buses put an end to this colourful means of transportation in the early 20th century. In Western Canada throughout the 19th century, the Carlton Trail served as an important land transportation route over its 1500 km length from Winnipeg (Fort Garry) to Edmonton, (Upper Fort des Prairies). The simple horse-drawn Red River Cart was a common sight on the road. Another overland series of roads, the Red River Trails, connected Fort Garry to the US. Manned flight came to Canada during these years. On 4 August 1840, a hot air balloon took to the air for the first time in Canada when the "Star of the East", piloted by aeronaut Louis Lauriat, rose into the sky over Saint John, New Brunswick. Universal time The measurement of time before the coming of the railways was a local matter with towns and cities establishing their own "time zones". There was little coordination of times between cities or regions in Canada or elsewhere in the world. Train travel revealed the shortcomings of this arrangement for it quickly led to problems related to the scheduling of arrivals and departures from different cities. A Canadian engineer, Sandford Fleming, proposed a coordinated world-wide time system at a meeting in Toronto of the Royal Canadian Institute in 1879. His idea was accepted at the International Meridian Conference of 1884. Communication Canada's initial telegraph service, introduced in 1846, was offered by the Toronto, Hamilton and Niagara Electro-Magnetic Telegraph Co. Others soon followed, including the telegraph system of the Montreal Telegraph Company, 1847 and the telegraph system of the Dominion Telegraph Company, 1868. The production and transmission of the signal was by means of analog technology, and its introduction would form the backbone of communication and computing technology in Canada for the next 140 years. In 1856, the first underwater telegraph cable in Canada was laid, linking Cape Ray, Newfoundland and Aspy, Nova Scotia. Ten years later, in 1866, the first transatlantic telegraph cable was laid between Heart's Content, Newfoundland and Foilhommerum, Valentia Island, in western Ireland. The first trans-Canada telegraph service was established by Canadian Pacific Railway in 1885. In 1902, Canadian Pacific completed a trans-Pacific cable telegraph, linking Vancouver with Australia and New Zealand. The newspaper benefited from the introduction of the telegraph and the rotary press. The latter device, invented in the US, was first used in Canada by George Brown in Toronto starting in 1844 to print copies of the Globe. This process permitted the printing of thousands of copies of each daily paper rather than the mere hundreds of copies possible with previous technologies. Energy and oil Drilling for oil was first undertaken in Canada in 1851 in Enniskillen Township in Lambton County by the International Mining and Manufacturing Company of Woodstock, Ontario. There was fierce competition for oil drilling, refining and distribution in southern Ontario until 1880 when 16 oil refineries merged to form Imperial Oil. This company was in turn acquired in 1898 by John D. Rockefeller's Standard Oil Trust. Oil discovery and development in the west dates from the early 20th century, with Imperial becoming a major player by 1914 at Turner Valley, Alberta and in 1920 at Norman Wells, NWT. British based corporations such as Royal Dutch Shell and Anglo-Persian Oil (British Petroleum) also became involved in oil exploration in the west at this time. Oil refining required sulfuric acid, and two entrepreneurs, T.H. Smallman and W. Bowman, established the Canadian Chemical Company in London, Ontario in 1867 to manufacture this product for the region's oil industry. This marked the beginning of the mass production of heavy industrial chemicals in Canada. The discovery of oil and gas led to the construction of Canada's first energy pipelines. In 1853, an iron pipeline from the Maurice River area carried natural gas 25 kilometres to Trois-Rivières, Quebec, where it was used to provide street lighting. In 1862 a pipeline was built to carry oil from wells in Petrolia, Ontario to Sarnia for refining and in 1895 another natural gas pipeline, 20 centimetres in diameter, linked wells in Essex County, Ontario to Windsor and passed under the Detroit River to Detroit. Coal gas public street lighting systems were introduced in Montreal in 1838, in Toronto in 1841 and in Halifax in 1850. Coal gasification plants were built in these cities and others to provide the gas for the lighting systems. Most remained in operation until the 1950s when they were phased out due to a loss of demand in favour of the more practical and inexpensive natural gas. The decommissioning of these sites was often problematic due the accumulation of toxic coal tar in the ground. Materials and products Glass manufacturing was introduced at this time. Glass was manufactured at Mallorytown, Upper Canada beginning in 1825. Window glass was produced at the Canada Glass Works in St. Jean, Canada East (Quebec) from 1845 to 1851 and the Ottawa Glass Works at Como in Ottawa, Canada West (Ontario) from 1847 to 1857. Glass was blown to form tubes which were cut lengthwise, unrolled and flattened. Glass bottles were produced starting in 1851 by the Ottawa factory and Foster Brothers Glass Works, in St. Jean starting in 1855. Other manufacturers included: the Canada Glass Works, Hudson, Quebec, 1864–1872 and the Hamilton Glass Company, Hamilton, Ont, 1865–96, which produced "green" glass and the St. Lawrence Glass Company, Montreal, 1867–73 and Burlington Glass Company of Hamilton, Ont, 1874–98 which produced "flint" or clear glass.⁷ Rubber footwear was produced by the Canadian Rubber Company in Montreal starting in 1854. Industrial textile production also took its first steps during these years. In 1826, Mahlon Willett established a woollen cloth manufacturing factory in L'Acadie, Lower Canada and by 1844 the Sherbrooke Cotton Factory in Sherbrooke was producing cotton cloth. This establishment also had powered knitting machines and may therefore have been Canada's first knitting mill before burning down in 1854. There were cloth manufacturing mills in operation at Ancaster, Ontario by 1859, as well as Merritton, Ontario (the Lybster Mills, 1860). In Montreal a cotton mill operated on the banks of the Lachine Canal at the St-Gabriel Lock from 1853 until at least 1871 and Belding Paul & Co., operated Canada's first silk cloth manufacturing factory in that city starting in 1876. The safety match became available to Canadians about mid-century. The technology, which separated the chemicals for match ignition, some on the match head and some on the striking surface, was invented by J.E. Lumdstrom in Sweden in 1855. Canadian production began in 1856 when Ezra Butler Eddy began to manufacture safety matches in Hull, Quebec. The E. B. Eddy Company became one of the largest producers of matches in the world. Industrial techniques and processes The lumber industry grew to become one of Canada's most important economic engines during this period. A market for Canadian wood developed in Britain where access to traditional sources of lumber for the construction of ships for the Royal Navy, as well as industrial structures, was blocked by Napoleon in 1806. As a result, Britain turned to her colonies in North America to supply masts for her ships as well as sawn lumber and square timber. Other wood products included barrel staffs, shingles, box shooks and spool wood for textile factories. Growth during this period was staggering. In 1805, 9000 loads of lumber arrived in Britain from Canada. In 1807, the total number rose to 27,000 loads, in 1809, 90,000 and by 1846, 750,000 loads. Water was necessary for the transport of lumber to saw mill and ports as well as providing the power for the saw mills themselves and as a result the forest industry developed along the rivers of New Brunswick, Quebec and Ontario, including the Mirimachi, St. John, Ottawa and Gatineau. The logging itself was a winter activity and began with the first snowfall when roads and camps were built in the forest. Trees were cut with steel axes until about 1870 when the two-man crosscut saw was introduced. The felled trees had their branches removed and were hauled over the snow roads by teams of oxen or horses to the nearest frozen stream or river. In the spring melt they would be carried by the rushing water downstream to the mills. Often the logs "jammed" and on the way the lumberjacks would undertake the very dangerous lob of breaking the "jam". Where there were rapids or obstacles, special timber "slides" were constructed to aid transport. Large numbers of logs were often assembled into rafts to aid their movement or into very large booms which drifted down river to mills and market. A number of large firms appeared as a result of this activity including, Cunard and Pollok, Gilmour and Co. in New Brunswick, William Price in Chicoutimi, Quebec and J.R.Booth in Ottawa. The introduction of the railway at mid-century served to decrease the importance of water transport for the industry. The industry in western Canada and in particular British Columbia did not develop as quickly as in the east but with the exhaustion of the eastern forests and the opening of the Panama Canal in 1914, it eventually overtook the scale of activity in eastern Canada. Different conditions there required different logging techniques. Because the trees were much larger and heavier, three times as many horses or oxen were required to haul them. The more moderate climate meant that the winter snow roads could not be used and instead necessitated the use of log skid roads. Trees were so tall that springboards were wedged into notches cut into the trunk to serve as work platforms for two loggers using heavy double bit steel axes. Human and animal muscle, powered the industry until 1897 when the steam-powered "donkey engine" was introduced in B.C. from the US. This stationary machine drove a winch connected to a rope or wire which was used to haul logs up to 150 metres across the forest floor. A series of such engines placed at intervals could be used to haul large numbers of logs, long distances in relatively short periods of time. The "high lead system" in which a wire or lead suspended in trees was used to haul logs, was also introduced about this time. Other manufacturing capabilities began to develop during this period, in parallel with shipbuilding. Canada's first paper mill was built in St. Andrews, Quebec in 1805 by two New Englanders and produced paper for sale in Montreal and Quebec City. By 1869 Alexander Burtin was operating Canada's first groundwood paper mill in Valleyfield, Quebec. It was equipped with two wood grinders imported from Germany and produced primarily newsprint. North America's first chemical wood-pulp mill was constructed in Windsor mills, Quebec in 1864 by Angus and Logan. C.B.Wright & Sons began to make "hydraulic cement" in Hull, Quebec in 1830. Leather tanning gained prominence and James Davis among others made a mark in this field in Toronto beginning in 1832. Canada became the world's largest exporter of potash in the 1830s and 1840s. In 1840 Darling & Brady began to manufacture soap in Montreal. E.B.Eddy began to produce matches in Hull, Quebec in 1851. Explosives were manufactured by an increasing number of companies including the Gore Powder Works at Cumminsville, Canada West, 1852, the Canada Powder Company, 1855, the Acadia Powder Company 1862, and the Hamilton Powder Company established that same year. In 1879 that company built Canada's first high explosives manufacturing plant in Beloeil, Quebec. The first salt well was drilled at Goderich, Canada West in 1866. Phosphate fertilizer was first made in Brockville, Ontario in 1869. The mass production of clothing began at this time. Livingstone and Johnston, later W.R. Johnston & Company, founded in Toronto in 1868, was the first in Canada to cut cloth and sew together the component pieces with the help of the newly introduced sewing machine, as part of a continuous operation. The technology of photography was introduced during these years. Eleven daguerreotypists were listed in Lovell's Canadian Directory of 1851 while the Canada Classified Directory listed 360 in 1865. Most used the wet collodion process invented by F. Scott Archer in England in 1851. The growing agricultural activity in southern Ontario and Quebec provided the basis for farm mechanization and the manufacturing industry to meet the demand for agricultural machinery. The area around Hamilton had become attractive for iron and steel industries based on railway construction and the source of this raw material made the same area attractive to aspiring farm implement manufacturers. By about 1850 there were factories producing ploughs, mowers, reapers, seed drills, cutting boxes, fanning mills threshing machines and steam engines, established by entrepreneurs including the well known Massey family, Harris, Wisner, Cockshutt, Sawyer, Patterson, Verity and Willkinson. Although the industry was located mostly around Hamilton there were other smaller manufacturers in other locations including, Frost and Wood of Smith Falls, Ontario, Herring of Napanee, Ontario Ontario, Harris and Allen of Saint John and the Connell Brothers of Woodstock, both in New Brunswick and Mathew Moody and Sons of Terrebonne and Doré et Fils of La Prairie both in Quebec. Meat processing had been a local undertaking since the beginning of the colony with the farmer and local butcher providing nearby customers with product. Health concerns were evident from the start and regulations for the butchering and sale of meat were promulgated in New France in 1706 and in Lower Canada in 1805. Activity grew to reach an industrial scale by the middle of the 19th century. Laing Packing and Provisions was founded in Montreal in 1852, F.W. Fearman began processing operations in Hamilton, Ontario and in Toronto William E. Davies established Canada's first large scale hog slaughter house in Toronto in 1874. The founding of the Canadian Manufacturers Association in 1871 was symptomatic of the growth of this sector of the economy with its related technologies. The retail industry also experienced considerable innovation during these years at the hands of Timothy Eaton of Toronto. He offered for sale large numbers of "consumer" goods such as clothes, shoes and household items under the roof of one large store and sold them at fixed prices eliminating the concept of barter. This had become possible because of the recent stabilization of the Canadian currency through the creation of the Canadian dollar and the simultaneous appearance of mass-produced goods which allowed uniform pricing for any particular product. In 1884 he created the iconic Eaton's catalogue which formed the basis for his catalogue sales operation which allowed rural dwellers to order and receive by mail or train the products that were available to those who had access to his growing chain of giant urban department stores. Medicine There were dramatic developments in the field of medicine during these years. In 1834, a British surgeon with the Royal Navy suggested a link between sanitation and disease. This led to the establishment of departments of public health across the country by the end of the century and provided an impetus to municipalities to supply clean water to their citizens as noted above. The use of the hypodermic syringe, invented in 1853, was quickly adopted by Canadian doctors. Two other medical innovations also appeared at this time, anesthetic and antiseptic. The use of ether and chloroform as anaesthetics became common in England and the US after 1846. In Canada, Dr. David Parker of Halifax is credited as the first to use anaesthesia during surgery. Antiseptic was being used in the operating rooms of the Montreal and Toronto General hospitals by 1869. In many cases the only technique for dealing with infectious disease was quarantine and this was the case for leprosy. Canada's first leper colony was established on Sheldrake Island in New Brunswick and operated there from 1844 to 1849 when patients were transferred to a facility at Tracadie, New Brunswick. On the west coast a leper colony was established on D'Arcy Island off the coast of Vancouver Island and patients were treated there until 1924 when it was closed. A number of patients on the island tried to escape by swimming to the larger Vancouver Island. Public works, water, civil engineering and architecture Water distribution systems also became a feature of many Canadian cities during this period and their installation represented the most significant development in public health in Canada's history. Gravity feed systems were in operation in Saint John, New Brunswick in 1837 and Halifax, Nova Scotia in 1848. Steam powered pumping stations were in service in Toronto in 1841, Kingston, Ontario in 1850 and Hamilton, Ontario in 1859. Quebec City had a system by 1854 and Montreal by 1857. Most large cities had steam powered municipal systems by the 1870s. Sewer systems necessarily followed, and with them, the flush toilet in the 1880s, made popular by Crapper in Great Britain at that time. Coal gas public street lighting systems were introduced in Montreal in 1838, in Toronto in 1841, and in Halifax in 1850. Horse-drawn street rail coaches for public transport were introduced in large Canadian cities about his time. In Montreal the Montreal City Passenger Railway Company, formed in 1861, offered horse car service from 1861 to 1891 when it was replaced by electric streetcar service. Horse car service began in Toronto in 1861 as well and was offered by the Toronto Street Railways until 1892, when it was also replaced by electric streetcar service. The technology of incarceration was refined during these years. Prisons were built in Quebec City in 1809 and Montreal in 1836. One of the world's largest and most modern prisons, the fortress-like Provincial Penitentiary of the Province of Upper Canada, Kingston Penitentiary, opened in that city in 1835. Based on a design by William Powers a deputy warden at the prison in Auburn, New York State, the facility, surrounded by high walls, could hold up to 800 prisoners in minuscule cells measuring 6 feet by 2 feet, separated from each other by stone walls two feet thick. Other prisons of similar design included those at Saint John, New Brunswick, 1839, Halifax, Nova Scotia, 1854, St. John's, Newfoundland, 1859, the Don Jail, Toronto, 1866, the Toronto Central Prison, Toronto, 1873, Saint-Vincent-de-Paul, Montreal, 1873, Stony Mountain, Manitoba, 1877, New Westminster, British Columbia, 1878 and Dorchester Penitentiary, New Brunswick, 1880. Civilians convicted of capital crimes (capital punishment in Canada) were hung by the neck. This technique included both the "short" and "long" drop. The short drop, killed by suffocation while conscious, while the "more humane" long drop immediately broke the neck, thus rendering the person unconscious before subsequent death by suffocation. Those convicted of capital military offences were shot by firing squad. Notable works of civil engineering realized during this period included the Chaudière Bridge, Ottawa, in 1828, 1844, and 1919, the Reversing Falls Bridge, St. John, New Brunswick, 1853 and 1885, the Niagara Falls Suspension Bridge, 1855, The Halifax Citadel, Halifax, Nova Scotia, 1856, Victoria Bridge, Montreal, Quebec, 1859, Canada's first tunnel, the Brockville Railway Tunnel, Brockville, Ontario, 1869, the Kettle Creek Bridge, St. Thomas, Ontario, 1871 and the Grand Rapids Tramway, Grand Rapids, Manitoba, 1877. The grand hotel made its first appearance during these years with the opening of the Clifton Hotel in Niagara Falls, Upper Canada in 1833. Other hotels of note included St. Lawrence Hall, Montreal, 1851, the Queen's Hotel, Toronto, 1862 and the Tadoussac Hotel, Tadoussac, Quebec, 1865. Church architecture and construction advanced with the completion of Notre-Dame Basilica (Montreal) in 1843, the Cathedral Church of St. James (Toronto) in 1844 and St. Michael's Cathedral (Toronto) in 1848. Defence The Militia Act of 1855 passed by the Legislature of the Province of Canada established the basis for the Canadian military. The act established seven batteries of artillery, which grew to ten field batteries and 30 batteries of garrison artillery by 1870. Weapons used by these units included the 7-pound smooth-bore muzzle-loading and the 9-pound rifled muzzle-loading (RML) guns. The early Electric Age (1880–1900) Energy and electricity Public electric lighting received its first Canadian demonstration in Manitoba at the Davis House hotel on Main Street, Winnipeg, March 12, 1873. In 1880, the Manitoba Electric and Gas Light Company was incorporated to provide public lighting and power and in 1893 the Winnipeg Electric Street Railway Company was established. Halifax had electric lights installed by the Halifax Electric Light Company Limited in 1881. The year 1883 saw the introduction of electric street lighting in Victoria, the first city in British Columbia to get public electric power. Vancouver got electricity in 1887. In 1884, the Royal Electric Company began offering commercial power to Montreal. Also in 1884, Saint John, New Brunswick was the first city in that province to have commercially available power delivered by the Saint John Electric Light Company. Edmonton's first power company was established in 1891 and placed street lights along the city's main street, Jasper Avenue. The power company was purchased by the Town of Edmonton in 1902 and to this day remains a municipal government enterprise known as EPCOR.⁸ Initially electricity was generated using a technique that produced direct current to DC. This type of current had the unfortunate property of being difficult to transmit long distances over wires. In 1897 Westinghouse established a manufacturing facility in Hamilton and began producing heavy alternating current (AC) generators and AC motors (based on Serbian-American inventor Nikola Tesla's induction motor) for the Canadian market. AC had an advantage in that it was more amenable to transmission over long distances. The competitor of that company, General Electric of Canada (1892), with production facilities in Peterborough, Ontario eventually followed suit. AC technology has been used for electrical transmission since that time. Transportation With the electrification of cities, large and small, came the electric streetcar. In Montreal, the horse car was withdrawn from service in 1894 and replaced with the electric streetcar, operated by the Montreal Street Railway Company from that date until 1911. Many of the streetcars were manufactured by Canadian Car and Foundry of Montreal and the Ottawa Car Company. In Toronto, the horse car gave way to the electric streetcar in 1892, with that service being offered by the Toronto Railway Company from 1891–1921. The bicycle made its appearance at this time. The "boneshaker", with pedals connected directly to the front wheel, appeared in the Maritimes in 1866 followed by the penny-farthing bicycle after 1876. The machine evolved and was improved with the addition of pneumatic tires, a central crank for the pedals and a coasting back wheel with brake. The increasing popularity of bicycles led to the formation of a national bicycle club, the Canadian Wheelsman in London, Ontario in 1879. In 1899, five important Canadian bicycle manufacturers, Gendron, Goold, Massey-Harris, H.A. Lozier, and Welland Vale, combined to form what would become the very well known Canadian Cycle and Motor Company (CCM), with 1700 employees and an annual production of 40,000 bicycles. In 1891, the newly formed Canadian Pacific Steamship Lines began offering trans-Pacific steamship service from Vancouver with three large steel-hulled ships, the "Empress", liners, India, China and Japan. A fleet of smaller "Princess" steam ships was used for coastal service and the Great Lakes. Of note is the fact that Canadian Pacific, with its combination of steam ships and steam locomotives, built a transportation empire that spanned more than half the globe. Few other companies anywhere in the world at that time could boast of such an accomplishment. Communication The telephone began to make its mark in Canada, modestly at first. The production, transmission and reception of the sound signal was by means of analog technology which would form the basis of the telephone system for the next century. The telephone system of the Bell Telephone Company of Canada (Bell Canada) was established in 1880. New printing technologies and the availability of this new material, newsprint, had a dramatic effect on the newspaper industry. By the 1880s, the rotary press had evolved into a high speed machine and with the use of stereotyping allowed the production of large numbers daily papers. In 1876, daily newspaper circulation in Canada's nine major urban centres stood at 113,000 copies. By 1883, it had more than doubled. The introduction of typecasting machines such as the Linotype typesetting machine in the 1890s led to an expansion in size of the individual paper from 8 to 12 pages to 32 or 48 pages. This was also made possible by the availability of cheap newsprint manufactured in huge continuous rolls that could be fitted directly into the high speed presses. The techniques for book publishing were also firmly established during these years. Publishers of note included, Beauchemin of Montreal, 1842, and Musson Book Co., 1894, and G.N. Morang, 1897. The techniques of filmmaking were introduced to Canada in 1897. In that year, Manitoban James Freer made a series of films about farm life in western Canada. In 1889–1899, the Canadian Pacific Railway sponsored a successful tour by Freer to present these films in Britain to encourage immigration from that country for the development of the prairies and therefore boost the business of the railway. This inspired the railway to finance the production of additional films and hire a British firm, which created a Canadian arm, the Bioscope Company of Canada, and produced 35 films about Canadian life. In Montreal in 1900, Emile Berliner, inventor of the gramophone sound recording technique, established the Berliner Gramophone Company and began to manufacture the first phonograph records in Canada, first produced as seven-inch single-sided discs. These records were played on a gramophone, also manufactured by Berliner. They produced sound through purely mechanical means, by rotating the discs on a platter turning at 78 r.p.m. and "reading" the grooves with a metal needle, which caused substantial wear and tear. Heavy manufacturing The first of these companies, CLC, had its origins in the formation of the "Ontario Foundry" established in 1848, but with the production of its first locomotive in 1854, it became known as the Kingston Locomotive Works. It produced 36 locomotives mostly for the new Grand Trunk Railway (GTR) before going broke in 1860. Through a series of corporate reorganizations, the company manufactured locomotives for both the GRT and the Canadian Pacific Railway. In 1901, further reorganization led to the formation of the Canadian Locomotive and Engine Company Ltd. with the company producing one steam locomotive per week. The company was a significant supplier of stream locomotives until the arrival of the diesel in the fifties when it went into decline. The Montreal Locomotive Works originated with the formation of the Locomotive and Machine Company of Montreal Limited in 1883 to supply the GRT, the CPR and the Intercolonial Railway with locomotives and rolling stock. The manufacture of streetcars by companies such as Ottawa Car Company, founded in 1891, in Ottawa, and Canadian Car and Foundry established in Montreal in 1909, was also of note. Dominion Bridge Company established in Montreal in 1886, became a well-known heavy engineering firm in the field of bridge building and the construction of steel frames for skyscrapers. GE Canada, founded by Thomas Edison in Peterborough in 1892, contributed to heavy manufacturing techniques through the fabrication of large electric generators and electric motors at that facility, which were used to supply the rapidly growing Canadian market for electrical generating equipment. Similar heavy electrical products were manufactured by Westinghouse Canada established in Hamilton, Ontario, in 1897. The growth of western agriculture stimulated the growth of the eastern farm implement industry. Companies such as Bell, Waterloo, Lobsinger, Hergott and Sawyer-Massey were soon shipping their large metal threshing machines and other types of equipment via the CPR to western farms. Arguably the most notable of these corporations was Massey-Harris Co. Ltd. of Toronto, created in 1891 through the merger of Massey Manufacturing Co. (1847) and A. Harris, Son & Co Ltd. (1857) which became the largest manufacturer of farm machinery in the British Empire. Industrial processes and techniques Metal mining also became a significant industry during this period. The invention of the electric dynamo, electroplating and steel in the 1870s created a strong demand for copper and nickel. Hard rock mining became a practical consideration because of the concurrent development of the hard rock drill and dynamite. A copper mine was established in Orford County Quebec in 1877, by the Orford Company while the Canadian Copper Company was founded in 1886 to exploit copper deposits at Sudbury made accessible by the construction of the Canadian Pacific Railway. The ore from that mine was found to contain nickel as well as copper and a technique known as the Orford process using nitrate cake (acid sodium sulphate) was developed to separate the metals. Hard rock gold mining became practical in 1887, with the development of the potassium cyanidation process, by Scott MacArthur, which was used to separate the gold from the ore. This technique was first used in Canada at the Mikado Mine in the Lake-of-the-Woods Region again made accessible by the CPR. The CPR also provided access the B.C. interior where lead, copper, silver and gold ores had been discovered in the Rossland area in 1891. The ores were transported to Trail, B.C. where they were roasted. After CPR built the Crowsnest Pass it purchased the Trail roasting facility and in 1899 built a blast furnace to smelt lead ore. The techniques of coal mining were introduced to Canada in 1720 in what is now Cape Breton, on a coal seam on the north side of Cow Bay. The coal was used as fuel for the inhabitants at Louisburg. Large scale mining developed the Sydney area in particular and continued until 1876 by which time easily reached deposits had been exhausted. However mining continued with tunnels extending out under the sea. The coal was used to power steam locomotives and in latter years to make steel, provide fuel for central heating and provide the volatile gases that formed the basis for the coal gasification and related chemical industries. In 1893, a number of Nova Scotia collieries including the Bridgeport, Caledonia, Clyde, Gardiner, Glace Bay, Gowrie, Lingan, Lorway, Schooner Pond and Victoria were united to form the Dominion Coal Company which by 1912 produced 40% of Canada's total coal output.⁹ The wheat economy developed on the prairies during these years. Agriculture in that region had begun around the Red River Colony in 1812, based on French Canadian survey techniques for land division and Scottish farming practices. The "infield" consisting of long narrow strips of land rising from the Red River Valley gave way to the "outfield" of pasture lands. Confederation spurred interest in western agriculture with the government of Canada subsequently purchasing Rupert's Land from the Hudson's Bay Company in 1870 and suppressing Metis resistance to eastern intervention with armed force that included the use of the Gatling gun in 1885. Conditions were best suited for the growing of wheat but a naturally dry climate and a short growing season as well as low grain prices made the 1890s difficult. However the difficulties were overcome. Reduced rail transportation costs which helped ease the burden of getting wheat to market and a rise in wheat prices served to encourage the development of the industry. In the 1870s and 1880s, ranching gained prominence as well in southern Saskatchewan and Alberta where dry and even drought-like conditions were eventually overcome after the introduction of irrigation in 1894. The dairy industry with its associated techniques took root in Canada in the 1860s. The process for the factory production of cheese was developed by Jesse Williams in New York in 1851. The first Canadian cheese factory was built in Oxford County, Ontario in 1864 and was followed by a factory in Dunham, Quebec in 1865. By 1873, Canada was home to about 200 cheese factories. The first creamery of note was built at Helena, Quebec in 1873, while in 1883, the first Canadian producer of condensed milk began operation in Truro, Nova Scotia. The large scale home delivery of milk began in Toronto, Ottawa and Montreal in 1900. Materials Railway and locomotive construction in the latter 19th century created a huge demand for steel. Portland cement was imported from England to Canada in barrels during the 19th century complimenting the modest production of hydraulic cement that began in Hull, Quebec in 1830. By 1889 there were noted increases in the output of cement in Hull and other cement factories were built in Montreal, Napanee and Shallow Lake Ontario and in Vancouver in 1893. The industrial use of asbestos became notable during these years. Asbestos was discovered and mined in a number of places around the world, including Thetford Mines, Quebec beginning in 1879 and found its way into a bewildering variety of products including, insulation, automobile brake-pads, siding, shingles and fireproofing. At the turn of the 20th century, a number of asbestos related health concerns were identified. The pulp and paper industry also developed during these years. The sulfite pulp process developed in the US in 1866 became the basis for the Canadian industry. The first sulfite pulp mill in Canada, the Halifax Wood Fibre Company, was established in Sheet Harbour, Nova Scotia in 1885. Others followed including plants in Cornwall, Ontario, 1888, Hull, Quebec, 1889, Chatham, Quebec, 1889, the biggest, the Riordon Company in Merritton, Ontario in 1890 and in Hawkesbury, Ontario in 1898. The first plastics became available during this period. The distillation of products from wood characterized the transition from the use of natural chemical products (chemical industry) to that of fully synthetic products. The Rathburn Company of Toronto began to produce distillates including, wood alcohol and calcium acetate, used to make acetic acid or acetone, in 1897. The Standard Chemical Company of Toronto established in 1897, initiated the production of acetic acid in 1899 and formaldehyde, from the oxidation of wood alcohol, in 1909. This later product was an essential element in the production of the fully synthetic, phenol-formaldehyde plastic (Bakelite). Light manufacturing The Bell Telephone Company of Canada established a manufacturing department to meet some of its equipment needs when it began to offer telephone service in 1882. In 1895, the operation became a separate company known as Northern Electric and Manufacturing Co. Ltd., which was in turn merged with Imperial Wire and Cable Co. in 1914 to form Northern Electric Co. By the twenties the company was manufacturing a variety of electrical products, with much of the telephone equipment being produced under license from AT&T in the US. All equipment was based on analog technology. The very popular and practical tin can was introduced during this period. In the 1880s, George Dunning built Canada's first canning factory in Prince Edward County, Ontario, for the canning of fruits and vegetables. By 1900 there were eight such factories in Canada, four of which were in that same county and within a few years canning factories were found all across the country. In the forties, high-temperature canning, which sterilized the contents of the can and permitted long-term storage, was introduced. The cigarette began to make its mark during these years. D. Ritchie and Co. began to manufacture the Derby brand in a factory on Dalhousie Street in Montreal in the late 19th century. About the same time the American Cigarette Company also of Montreal began to produce cigarettes in a factory on Cote Street. In 1895, the American Tobacco Company, a US owned organization, acquired both of these operations, which were then spun off to a newly formed Canadian subsidiary, the American Tobacco Co. of Canada Ltd., which produced the popular Sweet Caporal brand. With the coming of the railways and the introduction of Standard Time, a market for clocks developed in Canada. The Canadian Clock Company (Whitby, 1872) and the Hamilton Clock Company (Hamilton, 1876) were the first in Canada to manufacture these new devices.¹⁰ The Singer Manufacturing Company, established in 1851 in the US, began manufacturing its very popular line of sewing machines for the Canadian market at a factory built in St. Jean, Quebec in 1882. Industrial textile production became important at this time. Large powered automatic looms were able to produce vast quantities of fabric. The most notable Canadian venture in this field was Dominion Textile. The company had its roots in the formation of the Dominion Cotton Mills Company in Montreal in 1880 from eight small inefficient mills. Public works and civil engineering Notable works of civil engineering realized during these years included: the Lakehead Terminal Grain Elevators, 1882, the Naden First Graving Dock, Esquimalt, British Columbia, 1887, the St. Clair Railway Tunnel, Sarnia, Ontario, 1890, the Whirlpool Rapids Bridge, Niagara Falls, 1897 and the Alexandra Bridge, Ottawa, Ontario – Hull, Quebec, 1900. Baseball in Canada received its first permanent home with the construction in 1877 of Tecumseh Park, built in London, Ontario for the London Tecumsehs baseball team. Other fields followed including Sunlight Park, in Toronto, 1886, Atwater Park, Montreal, in 1890 and Hanlan's Point Ball Field, 1897, in Toronto home of the Maple Leafs. The steam shovel became an essential item of construction equipment during these years. Invented by William Otis in 1839, it was used widely in Canada, for the excavation of railway right-of-ways and the digging of basements and foundations for skyscrapers and domestic housing, in the late 19th century. Waste disposal (sewers) Sewerage systems were built in substantial numbers, but were not as common as water supply systems. Some of the first included Vancouver, B.C. in 1886 and Charlottetown, PEI in 1898. While the systems collected sewage and liquid waste from homes, public and commercial buildings and industrial sites, in most cases they merely displaced the problem for they emptied their contents into a nearby river or lake (or in the case of coastal cities, the ocean), without treatment. The disposal of solid waste became a considerable problem as towns and cities grew. By the mid-19th century, a number of Canadian municipalities used horse-drawn wagons for curbside garbage collection. The refuse was usually taken to a field or dump or in some instances piled along the bank of a nearby river or lake. With the arrival of motor power, the use of the garbage truck became common although the method of disposing of the garbage remained the same. The introduction of the flush toilet in the US and Canada in the 1880s created a market that inspired the invention of rolled toilet paper. The product was first produced in the US by the Albany Perforated Wrapping Paper Company in 1877. Skyscrapers and architecture It was the age of the skyscraper. The first in Canada was the eight-storey New York Life Insurance Co Building in Montreal, 1887–89, although it did not have a steel frame. The first self-supporting steel framed skyscraper in Canada was the Robert Simpson Department Store at the corner of Yonge and Queen in Toronto with its six floors and electric elevators, built in 1895. A number of grand hotels also opened during these years, including the Banff Springs Hotel, Banff, Alberta, 1888, the Algonquin, St. Andrews, New Brunswick, 1889, the Chateau Frontenac, Quebec, City, 1893, the Queen's, Montreal, 1893, the "new" Chateau Lake Louise, Lake Louise, Alberta, 1894, and the Manoir Richelieu, Point-au-Pic, Quebec, 1899. Church architecture and construction was also notable as seen in the completion of Mary, Queen of the World Cathedral, a half scale replica of St. Paul's Cathedral in Rome, in Montreal in 1894. Central heating The construction of skyscrapers, grand hotels and other large buildings led to the development of central heating, an essential feature in Canada's cold climate. Up to that time large buildings and homes were heated with fireplaces and iron stoves that used wood or coal as fuel. The construction of large multi-story buildings made this impractical. Fireplaces and stoves on the lower floors would have long flues and would not draw properly. On the upper floors, it would be necessary to transport fuel and to remove ashes up and down many flights of stairs or with an elevator. Central heating solved these problems. In 1832, British inventor Angier March Perkins developed a steam heating system for domestic use. This inspired the use of closed circuit hot water systems for large buildings. A metal furnace in the basement burning wood or coal was used to heat water in a tank, which in turn was circulated by an electric pump through a system of iron pipes throughout the building to radiators in rooms where heat was lost to the ambient air. The cooler water then returned to the water heater with the help of gravity, where it was reheated and recirculated. Defence In 1885, the newly introduced Gatling gun was first used by Canadian troops during the Riel Rebellion. The 12-pound field gun was used by Canadian soldiers in the Boer War. To provide the Canadian Militia with a source of Canadian manufactured munitions, the government established the crown-operated Dominion Arsenal in Quebec City in 1882. This factory produced bullets and shells. A reflection of this intense engineering activity as described above is seen in the founding of the Canadian Society for Civil Engineering in 1887. The 20th century Main article: Technological and industrial history of 20th-century Canada The 21st century Main article: Technological and industrial history of 21st-century Canada End note In the earlier parts of Canada's history, the state often played a crucial role in the diffusion of these technologies, in some cases through a monopoly enterprise, in others with a private "partner". In more recent times, the need for the role of the state has diminished in the presence of a larger private sector. In the latter part of the 20th century, there is evidence that Canadian values prefer public expenditures on social programmes at the expense of public spending on the maintenance and expansion of public technical infrastructure. This can be seen in the fact that in 2008, the Federation of Canadian Municipalities estimated that it would take $123 billion to restore and repair aging urban infrastructure across Canada. See also - Canadian government scientific research organizations - Canadian industrial research and development organizations - Canadian inventions - Canadian Mining Hall of Fame - Canadian scientists - Canadian space program - Canadian university scientific research organizations - CP Ships - Economic history of Canada - Energy policy of Canada - History of the petroleum industry in Canada - Internet in Canada - List of aircraft of the Canadian Air Force - List of airlines of Canada - List of airports in Canada - List of bridges in Canada - List of Canadian Navy ships - List of infantry weapons and equipment of the Canadian military - List of reservoirs and dams in Canada - Nuclear power in Canada - Science and technology in Canada - Scientific research in Canada References [1] Ellul, Jacques. The Technological Society, trans. John Wilkinson (New York: Random House, 1964) [2] Wright, J.W., A History of the Native Peoples of Canada: Volumes I(2001) and II(1999), Canadian Museum of Civilization, Ottawa [3] Wilson, Garth, A History of Shipbuilding and Naval Architecture in Canada, Transformation Series 4, National Museum of Science and Technology, Ottawa, 1994 [4] Guillet, Edwin C., The Story of Canadian Roads, University of Toronto Press, Toronto, 1967 [5] Bliss, Michael, Northern Enterprise: Five Centuries of Canadian Business, McClelland and Stewart, Toronto, 1987, p. 111. [6] McDonnell, The History of Canadian Railroads, New Burlington Books, London, 1985 [7] Warrington, Newbold, Chemical Canada: Past and Present, The Chemical Institute of Canada, Ottawa, 1970 [8] Ball, Norman R. ed., Building Canada: A History of Public Works, University of Toronto Press, Toronto, 1988 [9] Muise, McIntosh, Coal Mining in Canada: A Historical and Comparative Overview, Transformation Series 5, National Museum of Science and Technology, Ottawa, 1996 [10] web site, www.clockscanada.com Further reading Main article: Bibliography of Science and technology in Canada External links - Canadian Institute for Advanced Research: Science - Canadian Encyclopedia: Science - Canadian Science and Technology Historical Association - Innovation in Canada Tourism in Canada Canada has a large domestic and foreign tourism industry. The second largest country in the world, Canada's incredible geographical variety is a significant tourist attractor. Much of the country's tourism is centred on Canada's five largest metropolitan areas, Toronto, Montreal, Vancouver, Calgary, and Ottawa, well known for their culture, diversity, as well as the many national parks and historic sites. In 2012, over 16 million tourists arrived in Canada, bringing US$17.4 billion in international tourism receipts to the economy.¹ Domestic and international tourism combined directly contributes 1% of Canada's total GDP and supports 309,000 jobs in the country. Statistics Most visitors arriving to Canada in 2015 came from the following countries of residence :² World Heritage Sites in Canada Main article: List of World Heritage Sites in Canada There are 17 World Heritage sites in Canada, including one of the oldest, Nahanni National Park, Northwest Territories, and one of the newest, the Red Bay Basque Whaling Station, Newfoundland and Labrador.³ Of these 17 sites, 8 of them are Cultural Heritages and 9 are Natural Heritages.⁴ Canada's provinces and territories British Columbia British Columbia is Canada's westernmost province and touches the Pacific Ocean. The winters in the coastal areas are relatively warm in comparison to the rest of Canada. British Columbia is divided into 6 regions: - Vancouver, Coast & Mountains - Thompson Okanagan - Cariboo Coast Chilcotin - Northern British Columbia - Kootenay Rockies - Vancouver Island British Columbia (BC) is Canada's most mountainous province and has some of the most spectacular mountain scenery in the world. Alpine skiing is a major draw for the province. The province has about 33 large ski resorts spread out from Vancouver Island to the Alberta border. Whistler, British Columbia, nestled in the rugged Coast Mountains, is consistently ranked as the #1 ski resort destination in North America and co-hosted the 2010 Winter Olympic Games. Vancouver, the largest Canadian metropolitan area west of Toronto, is one of Canada's most multi-cultural cities. There is a large community of people of Asian origin . Vancouver is a harbour city and provides beautiful landscapes of mountains and ocean. Sites of interest in Vancouver - Capilano Suspension Bridge, a 136m long bridge 70m above the Capilano River - Stanley Park, a large forested park near downtown, the largest city owned park in Canada. 8 million visitors each year. - Granville Island, a small island near downtown with a public market, marina, shopping and theaters. - Chinatown, Vancouver, one of the largest in North America. - Robson Street, a bustling upscale shopping district with a good selection of restaurants. - Gastown, a mix of tourist-oriented businesses, restaurants and nightclubs. - Vancouver Art Gallery - Vancouver Maritime Museum - Museum of Anthropology at UBC - Vancouver Museum - Science World at Telus World of Science Vancouver is home to the - BC Lions, Canadian Football League - Vancouver Canucks, National Hockey League - Vancouver Whitecaps FC, Major League Soccer Victoria, British Columbia, located on scenic Vancouver Island, is a major Canadian tourist destination attracting millions of visitors each year. Popular activities for tourists are whale watching, enjoying the busking in the inner harbour area and visiting world-famous Butchart Gardens. Long Beach (Pacific Rim National Park) and the communities of Tofino and Ucluelet are popular tourist areas. Tofino, a town of only a few thousand, hosts more than one million visitors each year. Many new resorts are being built in the area to accommodate surfers, beach lovers, storm watchers and golfers. Whale watching is common along the coastal areas of BC as is Pacific storm watching along the west coast of Vancouver Island during the winter months. Wine tours are common in the Okanagan Valley, BC's wine and orchard country. The Okanagan valley area has some of the best beaches and warmest summer temperatures in Canada, as well as Canada's only hot desert around the town of Osoyoos. There are 53 golf courses and two major ski resorts in the valley. British Columbia is also a popular location for the production of many Hollywood films, it is the third largest film centre in North America only trailing California and New York. Alberta Main article: Tourism in Alberta Alberta is a province in Canada's western prairies next to the Rocky Mountains. Its two major cities are Calgary, and Edmonton, the provincial capital. Edmonton is well known for West Edmonton Mall, the largest mall in North America, formerly the largest in the world. Edmonton is also known as Canada's festival city, with over 60 festivals happening year round. Edmonton is home to the area of Old Strathcona, a historical district with boutique shopping, music, arts, and many restaurants. Another world-class attraction is the Royal Tyrrell Museum of Palaeontology in Drumheller, housing the largest collection of dinosaur fossils under one roof in the world. Alberta also contains significant natural scenery, including 5 of Canada's 17 UNESCO World heritage sites. These are Banff and Jasper National Parks, Waterton-Glacier International Peace Park, Wood Buffalo National Park, Dinosaur Provincial Park and Head-Smashed-In Buffalo Jump. In the southeast, Alberta shares with Saskatchewan the Cypress Hills Interprovincial Park, a geographic region of importance both to aboriginal history and to the North-West Mounted Police. Alberta has no provincial sales tax. Alberta is an important skiing destination for tourists. It has several world-class ski resorts. Canada Olympic Park, with its downhill ski and ski jumping facilities, is located in the city of Calgary. See also: List of attractions and landmarks in Edmonton, List of attractions and landmarks in Calgary, List of attractions and landmarks in Stirling, and Festivals in Alberta Saskatchewan Main article: Tourism in Saskatchewan Saskatchewan offers two major cities, Regina and Saskatoon. Regina is home to one of Canada's most significant attractions, the Royal Canadian Mounted Police (RCMP) Academy at Depot Division where visitors can view the Sergeant Major's Parade held weekdays and the seasonal Sunset Retreat Ceremonies. Regina is also home to the RCMP Heritage Centre which opened in May 2007. Saskatoon is home to the largest branch of the Western Development Museum, which houses important artefacts and recreations of the early settlement of the Canadian prairies. The prairie province also has the most golf courses and water bodies per capita of any other province. Statistically the warmest summers with the most sunlight hours in Canada occur in Saskatoon. Natural attractions include Cypress Provincial Park, the Great Sand Hills, Scottie the Dinosaur (the largest intact Tyrannosaurus Rex found in North America). Manitoba Manitoba was the 5th province to enter confederation in 1870. The province is home to many lakes and rivers with over 14.5% of the land area covered by lakes. This offers many opportunities for outdoor recreation, hunting, fishing, boating, and some of the finest beaches in North America. The province is a four season travel destination offering cross-country and downhill skiing opportunities, as well as many miles of groomed ski-doo trails. Churchill on the Hudson Bay is a popular attraction due to the large polar bear and beluga whale population. The capital city Winnipeg, with a population of near 700 000, offers many cultural and artistic events, museums and year round festivals. Other cities with more than 10,000 people are Brandon, Thompson, Portage la Prairie, Selkirk and Steinbach. Sites of interest in Winnipeg - Assiniboine Park and Zoo - Costume Museum of Canada - Fort Gibraltar - La Maison Gabrielle Roy - Le Musée de Saint-Boniface Museum - Dalnavert Museum - Louis Riel statue near the Manitoba legislative building. See a figure of Manitoba's leadership. - Manitoba Children's Museum - Manitoba Museum - Naval Museum of Manitoba - Royal Canadian Mint - The Fire Fighters Museum - Transcona Historical Museum - The Forks - Upper Fort Garry - Western Canada Aviation Museum - Winnipeg Art Gallery - Winnipeg Railway Museum Winnipeg is also home to: - Winnipeg Blue Bombers of the Canadian Football League - Winnipeg Jets Of the National Hockey League - Winnipeg Goldeyes of the baseball American Association Other sites of interest in the Province - Canadian Fossil Discovery Centre in Morden - Commonwealth Air Training Plan Museum in Brandon - Lower Fort Garry in St. Andrews - Manitoba Agricultural Museum in Austin - Manitoba Amateur Radio Museum in Austin - Manitoba Antique Automobile Museum in Elkhorn - Marine Museum of Manitoba in Selkirk - Mennonite Heritage Village in Steinbach - New Iceland Heritage Museum in Gimli - Oak Hammock Marsh in Stonewall - Sam Waller Museum in The Pas Festivals and Events - Festival du Voyageur held every February in Winnipeg - Folklorama held annually every August in Winnipeg - Jazz Winnipeg Festival - Red River Exhibition held annually late June in Winnipeg - Winnipeg Fringe Theatre Festival - Winnipeg International Writers Festival - Winnipeg Music Festival - Winnipeg Folk Festival Ontario Ontario is the most populous and second largest province in Canada. Southern Ontario is home to the Nation's capital, Ottawa and Canada's largest city, Toronto, which is the provincial capital and one of the most multicultural cities in the world. The forests and numerous lakes of Central Ontario and Northern Ontario also provide popular hiking and camping destinations. Sites of interest in Ottawa - List of attractions in Ottawa - Parliament Hill - National War Memorial (Canada) - Rideau Canal - National Art Gallery - Chateau Laurier - ByWard Market - Canadian War Museum - Canadian Aviation Museum - Canadian Museum of Nature - Canadian Museum of History - Canadian Museum of Science and Technology - Canada Agriculture Museum - TD Place Stadium - Canadian Tire Centre Sites of interest in Toronto - List of attractions in Toronto - Rogers Centre (formerly SkyDome) - Fort York - Air Canada Centre - Hockey Hall of Fame - CN Tower - Ontario Place - Royal Ontario Museum - Toronto Eaton Centre - St. Lawrence Market - Queen Street West - Bata Shoe Museum - Art Gallery of Ontario - Kensington Market - Casa Loma - Ontario Science Centre - Toronto Zoo - Canada's Wonderland - See also: Hotels in Toronto Other sites of interest in Ontario - List of attractions in Hamilton, Ontario - Ontario Tourist Routes - Science North and Dynamic Earth in Sudbury, Ontario - Niagara Falls - Niagara-on-the-Lake - Marineland - Muskoka Lakes - Algonquin Park - Fallsview Indoor Water Park, an indoor park in Niagara Falls, Ontario - Fort Henry - Kingston's Old Town - Upper Canada Village - The Thousand Islands - Boldt Castle - Stratford Festival - Shaw Festival in Niagara-on-the-Lake - Pelee Island Quebec Main article: Tourism in Quebec Quebec, a majority francophone province, is a major tourist draw. Quebec City is a taste of old France in the new world and a UNESCO World Heritage site. Montreal, the second largest francophone city in the world, has several tourist attractions. Sites of interest in Montreal - Olympic Stadium - Juste pour rire - Old Montreal - Festival International de Jazz de Montréal - Opéra de Montréal - Montreal Museum of Fine Arts - McCord Museum - Crescent Street - St. Lawrence Boulevard - Canadian Grand Prix - McGill University - Mount Royal - Parc Jean-Drapeau - Underground city, Montreal - Biosphère - Redpath Museum - Canadian Centre for Architecture - La Ronde - Saint Joseph's Oratory - Underground City Sites of interest in Quebec City - Musée national des beaux-arts du Québec - Musée de la civilisation - Musée de l'Amérique française - Espace Félix Leclerc - Musée naval de Québec - Choco-Musée Erico - Musée des Ursulines de Québec - Musée du Royal 22e Régiment/La Citadelle de Québec - Musée de l'Abeille - Plains of Abraham Exhibition Centre - Parc Aquarium du Québec - Jardin zoologique du Québec - Château Frontenac Other sites of interest in Quebec - Canyon Sainte-Anne New Brunswick Main article: Tourism in New Brunswick New Brunswick is renowned for its sandy beaches especially along the Northumberland Strait which in summer has the warmest water north of Virginia. Saint John, The largest city in New Brunswick and the oldest Incorporated in Canada at the mouth of the Saint John River. Steeped with history from Irish immigration to a great fire in the 19th century. The port city has numerous Victorian houses and amazing 18th and 19th century architecture in the Uptown area. The Saint John port welcomes close to 80 cruise ships a year with sites including: - The Bay of Fundy - Saint John River - Partridge Island - Reversing Falls - Market Square - Saints Rest Beach - New Brunswick Museum - Saint John Jewish Historical Museum - Prince William Street Moncton, the province's second largest city and the recreational centre of the province. With tourist attractions such as, - Magnetic Hill Zoo - Casino New Brunswick - Magic Mountain - Tidal bore, twice daily on Petitcodiac River Fredericton, the province's capital and third largest city, is a cultural and educational centre housing the University of New Brunswick and St. Thomas University, and is filled with neighbourhoods featuring large Victorian-style homes. Other attractions include: - Cape Enrage - Kouchibouguac National Park - New Brunswick Potato Museum - Whale watching and the Confederation Bridge to Prince Edward Island are also draws. Prince Edward Island Prince Edward Island (PEI) is the birthplace of Lucy Maude Montgomery's character, Anne of Green Gables, and a recreation of her literary home serves as a museum to the character. PEI is also famous around the world for its potato farms and rich red mud beaches. Newfoundland and Labrador Newfoundland and Labrador attracts many tourists because of its icebergs and fjords. It was settled by Leif Ericsson, an Icelandic sailor, in 1000 A.D. Remains of this settlement can still be found in L'Anse aux Meadows, northern Newfoundland. Europeans settled in 1497, headed by an expedition by John Cabot. The province's capital, St. John's, is the oldest city in North America, founded in 1497 by John Cabot. It contains many historical locations, such as Cabot Tower, receiver of the first wireless trans-Atlantic message in 1901. Steeped in a long, proud history and home to a rich, unique culture – St. John's residents are known for their hospitality, and their city is a major travel destination in Newfoundland both domestically and for foreign travellers. In recent years, St. John's has become a popular stop for cruise ships originating from ports in Canada, the United States and Europe. The cruise industry has brought tens of thousands of tourists to the St. John's area. In the city's downtown core, George Street, renowned for its nightlife, is home to the most bars and pubs per square foot in North America. Just outside St. John's lies Cape Spear, the most eastern point in North America. From this point, London in the UK is closer than Vancouver. Nova Scotia Nova Scotia is known for its lovely scenery; most renowned is the Cape Breton Highlands. The historic 18th century Fortress Louisbourg is also a major draw . Halifax, the provincial capital, has several major attractions, such as the Pier 21 museum, Citadel Hill, and the Public Gardens. The Halifax Metro Centre is home to numerous events both sport-related and otherwise, such as the Nova Scotia International Tattoo. Downtown Halifax is considered the prime tourism district in Halifax, with most historic attractions located here as well as the waterfront harbourwalk, a continuous 3 km (2 mi) stretch of boardwalk home to street vendors, entertainers, the Casino Nova Scotia, and the Maritime Museum of the Atlantic. Downtown Halifax is also the location of several major hotels. Yukon Territory With its history of the Klondike Gold Rush, First Nations culture and spectacular wilderness, the Yukon Territory has an extensive tourism industry, welcoming over 300,000 visitors a year. Tourist attractions include the gold rush town of Dawson City, Kluane National Park and Reserve and a number of attractions in Whitehorse and other communities. Opportunities for wilderness adventure tourism and ecotourism abound (hiking, canoeing, kayaking, skiing, dog-sledding), but the territory is also served by a well-developed road network, with most places accessible by road. Northwest Territories Northwest Territories attractions include: - Aurora Borealis - Northern Life Museum - N.W.T. Mining Heritage Society - Wood Buffalo National Park - Tuktut Nogait National Park - Nahanni National Park Reserve - South Nahanni River - Canol Heritage Trail - Aulavik National Park - Coppermine River - Mackenzie River Nunavut Territory Main article: Tourism in Nunavut Nunavut is probably the most expensive of all the tourist destinations in Canada. Attractions in Nunavut include: - Auyuittuq National Park - Quttinirpaaq National Park - Sirmilik National Park - Ukkusiksalik National Park - Ovayok Territorial Park Neighbouring countries - Canada shares the world's longest undefended border with the United States. - A marine border is shared with both Greenland (a Danish territory) and Saint-Pierre and Miquelon (a French overseas collectivity). See also - Visa policy of Canada - Backpacking (Canada) - Canadian Tourism Commission References [1] "The Canadian Tourism Industry - A Special Report (2012)" (PDF). TIAC. [2] Service bulletin International Travel: Advance Information, December 2015 [3] http://www.thecanadianencyclopedia.ca/en/article/united-nations-world-heritage-sites/#h3_jump_1 [4] http://whc.unesco.org/en/statesparties/ca External links - Canadian Tourism Commission (Official Government Website) - Ontario Tourism (ON) - Tourism Québec (QC) - Tourism British Columbia (BC) - Tourism Vancouver (BC) - Tourism Victoria (BC) - Travel Alberta (AB) - Banff Lake Louise Tourism (AB) - Edmonton Tourism (AB) - Tourism Calgary (AB) - Travel Manitoba (MB) - Destination Winnipeg (MB) - Tourism Toronto (ON) - Tourism Montreal (QC) - Tourism Yukon (YT) - Annapolis Valley Tourism (NS) - Nunavut Tourism - Travel Canada - Canadian Travel Site - Popular Canadian Travel Destinations