The Manitoba Act of 1870 provided for the admission of Manitoba as Canada's fifth province. It marked the legal resolution of the struggle for self-determination between people of the Red River Colony and the federal government, that began with the purchase of Rupert’s Land by Canada. The Act contained protections for the region’s Métis. However, these protections were not fully realized, resulting in many Métis leaving the province for the North-West Territories.
Marijuana has been prohibited in Canada for nearly a century, but the federal government has introduced legislation to make it legal by 2018 – a change supported by a majority of Canadians, despite concerns about the drug's addictiveness, especially among young people. Legalizing marijuana requires changes to international treaties, Canadian laws, and social practices.
In Canada, political and law-making power is shared by the provincial and federal levels of government, as set out in the constitution. Section 93 of the Constitution Act, 1867 gives the provincial governments the exclusive jurisdiction to make laws governing education.
Introduced by Camille Laurin, Bill 101, Charte de la langue française (1977), made French the official language of government and of the courts in the province of Québec, as well as making it the normal and habitual language of the workplace, of instruction, of communications, of commerce and of business.1
The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by Section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).
Omar Khadr is a Toronto-born Canadian, captured by American soldiers after a firefight in Afghanistan in 2002, when he was 15 years old. The only minor since the Second World War to be convicted of purported war crimes, Khadr was imprisoned in Guantanamo Bay and Canada for almost 13 years in total. In 2010, the Supreme Court of Canada ruled that Khadr’s detainment violated “the principles of fundamental justice” and “the most basic Canadian standards about the treatment of youth suspects.” Despite repeated attempts by the Canadian government to keep him in prison, Khadr was released on bail in May 2015. In July 2017, he received $10.5 million in compensation from the government for Canada’s role in violating his constitutional rights.
The Lavell case (AG v. Lavell) was a challenge to Canadian law as it related to Indigenous women’s rights under section 12(1)(b) of the Indian Act. As the case moved through the court system, it merged with R v. Bédard and mounted a significant challenge against the patriarchal (male-dominated) and sexist nature of constitutional law in Canada.
Although little is known about Chloe Cooley, an enslaved woman in Upper Canada, her struggles against her “owner,” Sergeant Adam Vrooman, precipitated the Act to Limit Slavery in Upper Canada, 1793 — the first legislation in the British colonies to restrict the slave trade.
The Supreme Court of Canada is the court of last resort for all legal issues in Canada, including those of federal and provincial jurisdiction. From humble beginnings as an opaque body subject to being overruled by the British Privy Council, the court now has the final judicial say on a broad range of contentious legal and social issues, ranging from the availability of abortion to the constitutionality of capital punishment and assisted suicide.
The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and the legislatures at both the national and provincial levels. Canada’s Constitution is not one legal document but is composed of several statutes and orders, as well as generally accepted practices known as constitutional conventions.
Women have looked to the law as a tool to change their circumstances, while at the same time the law is one of the instruments which confirms their dependent status as citizens (see Status of Women). The first phase of the Women's Movement, in proclaiming that women were capable of reason as well as reproduction and nurturing, claimed a place for women in the public sphere, while also relying upon the concept of "separate spheres" to delineate their areas of strength and competence.
Administrative tribunals in Canada make decisions on behalf of federal and provincial governments when it is impractical or inappropriate for the government to do so itself. Tribunals are set up by federal or provincial legislation, known as “empowering legislation.” Tribunals are commonly known as commissions or boards, and make decisions about a wide variety of issues, including disputes between people or between people and the government. Tribunals may also perform regulatory or licensing functions. Tribunal decisions may be reviewed by the courts. Because they engage in fact-finding and have the power to impact personal rights, tribunals are often seen as “quasi-judicial.”