Constitutional History Of Canada
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Constitutional History Of Canada
The constitutional history of Canada begins with the 1763 Treaty of Paris, in which France ceded most of New France to Great Britain. Canada was the colony along the St Lawrence River, part of present-day Ontario and Quebec. Its government underwent many structural changes over the following century. In 1867 Canada became the name of the new federal Dominion extending ultimately from the Atlantic to the Pacific and the Arctic coasts. Canada obtained legislative autonomy from the United Kingdom in 1931, and had its constitution (including a new rights charter) patriated in 1982. Canada's constitution includes the amalgam of constitutional law spanning this history. Treaty of Paris (1763) On February 10, 1763, France ceded most of New France to Great Britain. The 1763 Treaty of Paris confirmed the cession of Canada, including all its dependencies, Acadia (Nova Scotia) and Cape Breton Island to Great Britain. A year before, France had secretly signed a treaty ceding Louisian ...
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Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the ''Constitution Act, 1982'', the Canadian Constitution consists of the ''Canada Act 1982'' (which includes the ''Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the ''Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten components ...
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Treaty Of Fontainebleau (1762)
The Treaty of Fontainebleau was a secret agreement of 1762 in which the Kingdom of France ceded Louisiana to Spain. The treaty followed the last battle in the French and Indian War in North America, the Battle of Signal Hill in September 1762, which confirmed British control of Canada. In Europe, the associated Seven Years' War continued to rage. Having lost Canada, King Louis XV of France proposed to King Charles III of Spain that France should give Spain "the country known as Louisiana, as well as New Orleans and the island in which the city is situated."Herbermann, Charles'Louisiana'''The Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church''. Encyclopedia Press, 1913, p. 380 (Original from Harvard University). Louis proposed the cession on November 13 and Charles accepted on November 23, 1762. This agreement covered all of French Louisiana: the entire valley of the Mississippi River, from the Appa ...
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Province Of Quebec 1774
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term ''province'' has since been adopted by many countries. In some countries with no actual provinces, "the provinces" is a metaphorical term meaning "outside the capital city". While some provinces were produced artificially by colonial powers, others were formed around local groups with their own ethnic identities. Many have their own powers independent of central or federal authority, especially in Canada and Pakistan. In other countries, like China or France, provinces are the creation of central government, with very little autonomy. Etymology The English word ''province'' is attested since about 1330 and derives from the 13th-century Old French , which itself comes from the Latin word , which referred to the sphere o ...
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Board Of Trade
The Board of Trade is a British government body concerned with commerce and industry, currently within the Department for International Trade. Its full title is The Lords of the Committee of the Privy Council appointed for the consideration of all matters relating to Trade and Foreign Plantations, but is commonly known as the Board of Trade, and formerly known as the Lords of Trade and Plantations or Lords of Trade, and it has been a committee of the Privy Council of the United Kingdom. The board has gone through several evolutions, beginning with extensive involvement in colonial matters in the 17th century, to powerful regulatory functions in the Victorian Era and early 20th century. It was virtually dormant in the last third of 20th century. In 2017, it was revitalised as an advisory board headed by the International Trade Secretary who has nominally held the title of President of the Board of Trade, and who at present is the only privy counsellor of the board, the other m ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ...
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Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recov ...
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Oath Of Supremacy
The Oath of Supremacy required any person taking public or church office in England to swear allegiance to the monarch as Supreme Governor of the Church of England. Failure to do so was to be treated as treasonable. The Oath of Supremacy was originally imposed by King Henry VIII of England through the Act of Supremacy 1534, but repealed by his elder daughter, Queen Mary I of England, and reinstated under Henry's other daughter and Mary's half-sister, Queen Elizabeth I of England, under the Act of Supremacy 1559. The Oath was later extended to include Members of Parliament (MPs) and people studying at universities. Requirement of the oath began to subside when Catholics were first allowed to become members of parliament in an act in 1829, and the requirement to take the oath for Oxford University students was lifted by the Oxford University Act 1854. Text of the Oath as published in 1535 I (state your name) do utterly testifie and declare in my Conscience, that the Kings Highnes ...
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James Murray (Quebec Governor)
General James Murray (20 January 1721 – 18 June 1794) was a British Army officer and colonial administrator who served as the governor of Quebec from 1760 to 1768 and governor of Minorca from 1778 to 1782. Born in Ballencrieff, East Lothian, Murray travelled to North America and took part in the French and Indian War. After the conflict, his administration of the Province of Quebec was noted for its successes, being marked by positive relationships with French Canadians, who were reassured of the traditional rights and customs. Murray died in Battle, East Sussex in 1794. Early life Born in Ballencrieff, East Lothian, Murray was a younger son of Lord Elibank Alexander Murray, 4th Lord Elibank, and his wife, Elizabeth Stirling. His cousin with two children was Alexander Murray (British Army officer, died 1762) Alexander Murray who served in Nova Scotia. Educated in Haddington, East Lothian Haddington, and Selkirk, Scottish Borders Selkirk, he began his military career in 173 ...
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Test Act
The Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and nonconformists. The underlying principle was that only people taking communion in the established Church of England were eligible for public employment, and the severe penalties pronounced against recusants, whether Catholic or nonconformist, were affirmations of this principle. Similar laws were introduced in Scotland with respect to the Presbyterian Church of Scotland. In practice nonconformists were often exempted from some of these laws through the regular passage of Acts of Indemnity: in particular, the Indemnity Act 1727 relieved Nonconformists from the requirements in the Test Act 1673 and the Corporation Act 1661 that public office holders must have taken the sacrament of the Lord's Supper in an Anglican church. Except at Oxbridge, where nonconformists and Catholics could not matriculate (Oxford) or graduate (Ca ...
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