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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1736
Royal Proclamation protects land rights of aboriginal peoples and creates process for transfer of lands to Crown.
1774
The Quebec Act preserves French civil law alongside English parliamentary institutions
1866
Civil Code of Lower Canada comes into effect.
1867
Nova Scotia, New Brunswick and present-day Ontario and Quebec become the Dominion of Canada under the British North America Act.
1867
BNA Act gives Parliament of Canada exclusive jurisdiction over “Indians and Lands reserved for the Indians.”
1867
The BNA Act guarantees rights of anglophones and francophones in legislatures and courts.
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.”
1875
Supreme Court of Canada established. The Judicial Committee of the Privy Council still final court of appeal.
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.
1892
First Criminal Code.
1896
Inaugural meeting of CBA held in Montreal.
1917
French-speaking MPs oppose conscription law.
1917
Income tax introduced as temporary measure to offset costs of First World War.
1918
Some women get the right to vote in federal elections.
1921
Agnes Macphail becomes the first female law-maker in the House of Commons.
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.
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.
1929
CBA first lobbies for legal aid funding to ensure “equal legal representation to the poor.”
1931
Statute of Westminster declares Canada constitutionally equal in all respects to Great Britain.
1948
People can no longer be excluded from voting on the basis of race.
1949
The Supreme Court of Canada becomes Canada’s final court of appeal for all matters.
1960
Status Indians get right to vote in federal elections.
1961
The Canadian Bill of Rights.
1968
First national Divorce Act, 50 years after the CBA first advocates uniform divorce laws.
1968
The Legislative Assembly of Quebec renamed the Assemblée Nationale.
1968
Homosexual behaviour between adults is decriminalized.
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.
1973
SCC rules in Calder that aboriginal title predates colonization.
1973
The federal government begins funding legal aid.
1976
Capital punishment ends in Canada.
1977
Bill 101 introduced to make French the dominant language in Quebec in public administration, education and the economy.
1977
Canadian Human Rights Act prohibits discrimination on the basis of race, age and gender.
1978
Immigration Act recognizes refugees as a special class of immigrant.
1980
Negotiations on constitutional reform begin; the 10th round since 1927.
1981
The CBA is among 294 groups to make submissions on the Constitution Resolution.
1981
SCC rules Ottawa should by convention seek provincial support before requesting constitutional amendments.
1982
SCC rejects Quebec’s claim to historic right of constitutional veto.
1982
The Constitution comes home and the Canadian Charter of Rights and Freedoms comes into effect. Repatriation goes ahead without Quebec’s consent.
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.
1985
Charter equality provision section 15 comes into effect.
1987
Meech Lake Accord declares Quebec a distinct society but deal later dies.
1989
SCC rules that sexual harassment is a form of sexual discrimination.
1990
SCC sets out Sparrow test for justifiable infringement of aboriginal rights and provides for compensation and consultation.
1992
Charlottetown Accord: Second attempt to break constitutional deadlock with Quebec fails.
1994
New Civil Code of Quebec comes into force.
1995
SCC rules that the term sexual orientation is to be read into section 15.
1996
SCC rules in Badger that Sparrow test applies to justifiable infringement of treaty rights.
1996
Canadian Human Rights Act adds sexual orientation as a protected class.
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.
1999
The largest aboriginal land claims agreement between Canada and the Inuit people results in the creation of Nunavut.
2000
Nisga’a Final Agreement Act gives Nisga’a right to self-government within the area in B.C. where it holds title.
2005
Same-sex couples obtain legal right to marry.
2006
House of Commons recognizes francophone Quebeckers as a nation within a united Canada.
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.