Canada 150

  • April 06, 2017

As the country celebrates its sesquicentennial, CBA National looks back on the legal milestones that marked Canada’s evolution from a young British colony to a mature nation. The great themes of Canadian history are all here – from wrestling with Quebec nationalism and defining aboriginal rights to becoming an independent country with laws that reflect our values as a modern society. Here are some highlights.

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Canada 150 legend

Aboriginal rights

1736

Royal Proclamation protects land rights of aboriginal peoples and creates process for transfer of lands to Crown.

The Quebec Question

1774

The Quebec Act preserves French civil law alongside English parliamentary institutions

Quebec question

1866

Civil Code of Lower Canada comes into effect.

The road to nationhood

1867

Nova Scotia, New Brunswick and present-day Ontario and Quebec become the Dominion of Canada under the British North America Act.

Aboriginal rights

1867

BNA Act gives Parliament of Canada exclusive jurisdiction over “Indians and Lands reserved for the Indians.”

The Quebec question

1867

The BNA Act guarantees rights of anglophones and francophones in legislatures and courts.

Social change

1871

A Manitoba law says a single woman can keep her property when she marries but her wages belong to her husband unless he is “cruel or insane.”

Road to nationhood

1875

Supreme Court of Canada established. The Judicial Committee of the Privy Council still final court of appeal.

Aboriginal rights

1876

The Indian Act gives federal government the legal authority to replace traditional aboriginal forms of government with elected chiefs and band councils, with limited, delegated power.

Road to nationhood

1892

First Criminal Code.

CBA logo

1896

Inaugural meeting of CBA held in Montreal.

The Quebec question

1917

French-speaking MPs oppose conscription law.

Road to nationhood

1917

Income tax introduced as temporary measure to offset costs of First World War.

Social change

1918

Some women get the right to vote in federal elections.

Social change

1921

Agnes Macphail becomes the first female law-maker in the House of Commons.

Aboriginal rights

1927

The Indian Act makes it illegal to raise money or pay lawyers for the purpose of pursuing an Indian land claim. Prohibition removed in 1951.

Social change

1929

The Persons case: Women are declared persons under the law and therefore can be appointed to the Senate; also introduces living tree doctrine of constitutional interpretation.

Social change

1929

CBA first lobbies for legal aid funding to ensure “equal legal representation to the poor.”

Road to nationhood

1931

Statute of Westminster declares Canada constitutionally equal in all respects to Great Britain.

Social change

1948

People can no longer be excluded from voting on the basis of race.

Road to nationhood

1949

The Supreme Court of Canada becomes Canada’s final court of appeal for all matters.

Aboriginal rights

1960

Status Indians get right to vote in federal elections.

Social change

1961

The Canadian Bill of Rights.

Social change

1968

First national Divorce Act, 50 years after the CBA first advocates uniform divorce laws.

The Quebec question

1968

The Legislative Assembly of Quebec renamed the Assemblée Nationale.

Social change

1968

Homosexual behaviour between adults is decriminalized.

The Quebec question

1970

Basic civil rights and liberties suspended under the War Measures Act after the Front de libération du Quebec kidnap a diplomat and cabinet minister.

Aboriginal rights

1973

SCC rules in Calder that aboriginal title predates colonization.

Social change

1973

The federal government begins funding legal aid.

Social change

1976

Capital punishment ends in Canada.

The Quebec Question

1977

Bill 101 introduced to make French the dominant language in Quebec in public administration, education and the economy.

Social change

1977

Canadian Human Rights Act prohibits discrimination on the basis of race, age and gender.

Social change

1978

Immigration Act recognizes refugees as a special class of immigrant.

Road to nationhood

1980

Negotiations on constitutional reform begin; the 10th round since 1927.

Road to nationhood

1981

The CBA is among 294 groups to make submissions on the Constitution Resolution.

Road to nationhood

1981

SCC rules Ottawa should by convention seek provincial support before requesting constitutional amendments.

The Quebec question

1982

SCC rejects Quebec’s claim to historic right of constitutional veto.

Road to nationhood

1982

The Constitution comes home and the Canadian Charter of Rights and Freedoms comes into effect. Repatriation goes ahead without Quebec’s consent.

The Quebec question

1985

Quebec seeks exemption from most clauses of the Charter, exclusive jurisdiction over language and recognition of Quebec as a distinct society to rejoin constitutional family.

Social change

1985

Charter equality provision section 15 comes into effect.

The Quebec question

1987

Meech Lake Accord declares Quebec a distinct society but deal later dies.

Social change

1989

SCC rules that sexual harassment is a form of sexual discrimination.

Aboriginal rights

1990

SCC sets out Sparrow test for justifiable infringement of aboriginal rights and provides for compensation and consultation.

The Quebec question

1992

Charlottetown Accord: Second attempt to break constitutional deadlock with Quebec fails.

The Quebec question

1994

New Civil Code of Quebec comes into force.

Social change

1995

SCC rules that the term sexual orientation is to be read into section 15.

Aboriginal rights

1996

SCC rules in Badger that Sparrow test applies to justifiable infringement of treaty rights.

Social change

1996

Canadian Human Rights Act adds sexual orientation as a protected class.

Aboriginal rights

1997

SCC rules in Delgamuukw that aboriginal title is a property right entitling the holders to exclusive possession and use of land and its resources.

Aboriginal rights

1999

The largest aboriginal land claims agreement between Canada and the Inuit people results in the creation of Nunavut.

Aboriginal rights

2000

Nisga’a Final Agreement Act gives Nisga’a right to self-government within the area in B.C. where it holds title.

Social change

2005

Same-sex couples obtain legal right to marry.

Social change

2006

House of Commons recognizes francophone Quebeckers as a nation within a united Canada.

Aboriginal rights

2014

SCC rules in Tsilhgot’in Nation that Crown must obtain consent or meet legal requirements to justify infringing on aboriginal rights.

Online sources

The Canadian Encyclopedia, Canadian Council for Refugees, National Centre for First Nations Governance, Supreme Court of Canada.

Compiled by Beverley Spencer and James Careless

Originally published in the Spring 2017 edition of CBA National.