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The ''Manitoba Act, 1870'' (french: link=no, Loi de 1870 sur le Manitoba)Originally entitled (until renamed in 1982) ''An Act to amend and continue the Act 32 and 33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba.'' is an act of the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, ...
, and part of the
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 a ...
, that provided for the admission of
Manitoba Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...
as the fifth
province of Canada The Province of Canada (or the United Province of Canada or the United Canadas) was a British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham, in the Report on the ...
.Rea, J.E., Jeff Scott, and Andrew McIntosh. February 7, 2006.
Manitoba Act
" ''Canadian Encyclopedia'' (last updated January 7, 2021).
Receiving royal assent on May 12, 1870, the act also continued to enforce ''An Act for the Temporary Government of Rupert's Land and the North-Western Territories when united with Canada'' upon the absorption of the British territories of Rupert's Land and the
North-Western Territory The North-Western Territory was a region of British North America extant until 1870 and named for where it lay in relation to Rupert's Land. Due to the lack of development, exploration, and cartographic limits of the time, the exact bounda ...
into Canada on July 15, 1870. Hoping to decrease tension, the act marked the legal resolution of the fight for
self-determination The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a '' jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It sta ...
between the federal government and the people (particularly the
Métis The Métis ( ; Canadian ) are Indigenous peoples of the Americas, Indigenous peoples who inhabit Canada's three Canadian Prairies, Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United State ...
) of the
Red River Colony The Red River Colony (or Selkirk Settlement), also known as Assinboia, was a colonization project set up in 1811 by Thomas Douglas, 5th Earl of Selkirk, on of land in British North America. This land was granted to Douglas by the Hudson's Bay ...
, which began in 1870 with Canada’s purchase of Rupert’s Land. Many negotiations and uprisings came with this act, some of which are still not settled today. One area of contention was that the Métis people were not familiar with the enforcement of laws, and the concept of deeds and money - this resulted in many Métis people being cheated out of the land that was supposed to be theirs. While the act included protections for the region’s Métis, these protections were not fully realized and resulted in many Métis leaving the province for the
North-West Territories The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
.


Background

The
Province of Manitoba , image_map = Manitoba in Canada 2.svg , map_alt = Map showing Manitoba's location in the centre of Southern Canada , Label_map = yes , coordinates = , capital = Winn ...
was previously the area settled by the people of the
Red River Colony The Red River Colony (or Selkirk Settlement), also known as Assinboia, was a colonization project set up in 1811 by Thomas Douglas, 5th Earl of Selkirk, on of land in British North America. This land was granted to Douglas by the Hudson's Bay ...
. In 1884, Manitoba was organized in many different municipalities. The county of
Selkirk, Manitoba Selkirk is a city in the western Provinces and territories of Canada, Canadian province of Manitoba, located on the Red River of the North, Red River about northeast of the provincial capital Winnipeg. It has a population of 10,504 as of the 202 ...
happened to be one of the regions that had to be split up for the purpose of creating townships. This area was originally a part of Rupert's Land, which was where the fur traders did the majority of their hunting and trapping. Rupert's Land was controlled by the
Hudson's Bay Company The Hudson's Bay Company (HBC; french: Compagnie de la Baie d'Hudson) is a Canadian retail business group. A fur trading business for much of its existence, HBC now owns and operates retail stores in Canada. The company's namesake business di ...
(HBC), the largest fur trading company of its time. In the late 1860s, the HBC surrendered the land to the British Crown, through the ''
Rupert's Land Act 1868 The Rupert's Land Act 1868This short title was authorised bsection 1of the Act. (31 & 32 Vict. c.105) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was), authorizing the transfer of Rupert's Land ...
''. This caused severe controversy specifically in the area of the Red River Colony:. in the eyes of the British Crown and the Canadian government, the land was seen to be owned by the HBC, even though Indigenous and Métis people lived there. The Canadian government paid £300,000 for Rupert's Land, becoming the largest land purchase to date for the Canadian government. Once the Canadian government claimed the land from the HBC, they began to set up Members of Parliament. William McDougall was appointed to be the Lieutenant Governor of Rupert's Land and the
North-Western Territory The North-Western Territory was a region of British North America extant until 1870 and named for where it lay in relation to Rupert's Land. Due to the lack of development, exploration, and cartographic limits of the time, the exact bounda ...
in 1869. In September 1869, McDougall set out to Red River, accompanied by many administrative officers. The Métis were not consulted upon these government actions, thus causing a great amount of uproar and distress.


Rise of the Métis

The Métis became aware of the new government attempting to control their territory. A popularly elected convention supported the creation of a
provisional government A provisional government, also called an interim government, an emergency government, or a transitional government, is an emergency governmental authority set up to manage a political transition generally in the cases of a newly formed state or ...
. However, many of the Métis people did not have the ability to understand all the legal action due to a lack of education and experience. As result,
Louis Riel Louis Riel (; ; 22 October 1844 – 16 November 1885) was a Canadian politician, a founder of the province of Manitoba, and a political leader of the Métis people. He led two resistance movements against the Government of Canada and its first ...
was positioned leader for the Métis people, due to his educational experience from his time spent at school training to be a priest and lawyer, even though he never finished his schooling. As the Red River Colony was a bilingual area, Riel's ability to speak both French and English was also huge advantage. Riel and his supporters thereby created a provisional government, which was considered illegal by the federal government; this time period is known as the
Red River Resistance The Red River Rebellion (french: Rébellion de la rivière Rouge), also known as the Red River Resistance, Red River uprising, or First Riel Rebellion, was the sequence of events that led up to the 1869 establishment of a provisional government b ...
(or Red River Rebellion). Riel and the Métis prepared for the arrival of William McDougall and his accompanied administrative officers. Once they arrived at the border of the Red River Colony at the 49th Parallel, they encountered the armed party of the Métis, who denied them entry into the Colony by creating a barrier. McDougall did not give up his efforts at that point, instead staying in Pembina for approximately a month's time attempting to control the area. The Métis actions separated the Canadian party due to their barriers, while some were captured and held in jail at Fort Garry. On December 16, McDougall gave up his efforts for the time being. The Canadian government created a new expedition in attempts to establish sovereignty and establish a political solution. The Red River Resistance started out as a non-violent protest and uprising toward the Canadian government. Riel and his people had occupied
Fort Garry Fort Garry, also known as Upper Fort Garry, was a Hudson's Bay Company trading post at the confluence of the Red and Assiniboine rivers in what is now downtown Winnipeg. It was established in 1822 on or near the site of the North West Company' ...
. A group of Ontario settlers who were opposed to the Riel uprising set out to the fort. This caused 45 men to be incarcerated in the fort by Riel and his people. While these men were incarcerated a major historical event occurred. A man by the name of Thomas Scott was executed while being held captive at the fort on March 4, 1870. This event has been analysed by many historians because it is hotly disputed why Scott was executed. The execution of Thomas Scott had a great impact on how the Canadian government and its supporters viewed the Métis. People were so outraged that when Riel was to make appearances at Parliament he did not attend in fear of getting himself killed. Despite the execution, the Canadian government was still working towards sovereignty. The ''Manitoba Act, 1870'' made the Red River Colony a part of Canada and created the province of Manitoba. Even with the ''Manitoba Act, 1870'' in place, much work was to be done with the settling of land rights. Before land rights were settled, Sir John A. Macdonald sent a military expedition to Manitoba, led by Colonel Garnet Wolseley. This Red River Expedition became known as the
Wolseley expedition The Wolseley expedition was a military force authorized by Canadian Prime Minister John A. Macdonald to confront Louis Riel and the Métis in 1870, during the Red River Rebellion, at the Red River Colony in what is now the province of Manitob ...
. The government portrayed this expedition as non-punitive; however, the militiamen wanted to avenge the death of Thomas Scott. The ensuing chaos and retribution against the Métis population was labelled "The Reign of Terror" by newspapers in eastern Canada and the United States. Many Métis fled to Saskatchewan, while Louis Riel fled to the United States at this time.


Government

Manitoba entered
Confederation A confederation (also known as a confederacy or league) is a union of sovereign groups or states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical iss ...
as a province. English and French-language rights were safeguarded in the new legislature and the courts, as were Protestant and Roman Catholic educational rights. The right to education in either English or French, however, was not protected. Ottawa agreed to pay subsidies to the provincial government. Roughly of land ( Assiniboia district) were set aside specifically for the betterment of the Métis nation. The province received four seats in the federal Parliament, which was a strong representation considering the small population. John A. Macdonald and
George-Étienne Cartier Sir George-Étienne Cartier, 1st Baronet, (pronounced ; September 6, 1814May 20, 1873) was a Canadian statesman and Father of Confederation. The English spelling of the name—George, instead of Georges, the usual French spelling—is explained ...
were both leading figures in the establishment of the
Province of Manitoba , image_map = Manitoba in Canada 2.svg , map_alt = Map showing Manitoba's location in the centre of Southern Canada , Label_map = yes , coordinates = , capital = Winn ...
during 1870. These two men shared personal alliances which made their conjunction a strong one when it came to political movements.


Métis list of rights

The
Métis The Métis ( ; Canadian ) are Indigenous peoples of the Americas, Indigenous peoples who inhabit Canada's three Canadian Prairies, Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United State ...
have traditionally been known to come from the Red River Colony. In areas such of the Red River Colony, the Métis came as result of many European trappers marrying and having children with the Indigenous women of the area. Throughout the years, the definition of Métis have gone through many changes. Due to this part-European heritage, often being labelled " half-blood" or " half-breeds," the Métis have struggled with recognition as a distinct Aboriginal people. Métis are not identified under the ''
Indian Act The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still ...
'' of Canada causing a great amount of controversy. As they are not
settler A settler is a person who has migrated to an area and established a permanent residence there, often to colonize the area. A settler who migrates to an area previously uninhabited or sparsely inhabited may be described as a pioneer. Settle ...
s nor are they fully Indigenous, Métis people are known to be " self-identified."


List of rights

In the 1990s, there was a separate definition for 'Red River Métis', a term created for individuals whose families' Métis ancestry came from Red River. The Red River Métis were directly involved in many elements of consideration for the ''Manitoba Act, 1870'' - some requests were essential to be guaranteed by the Government of Canada in this act, such as the prospect of fishing was deemed to be limited to Métis people only, and that any parties intending to communicate with Métis people must be fluent in French. Four successive lists of rights were drafted by the provisional government. In summary, the final list demanded that Manitoba be admitted into Confederation as a province, not a territory; that the
lieutenant governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
of the new province speak both French and English; and that members of the provisional government not face legal consequences for their actions in the
Rebellion Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority. A rebellion originates from a sentiment of indignation and disapproval of a situation and ...
. The following is the fourth and final iteration of the list of some of the Red River Métis' demands for the act.
May 9, 1870 # That this province be governed: ## By a Lieutenant-Governor, appointed by the
Governor-General of Canada The governor general of Canada (french: gouverneure générale du Canada) is the federal viceregal representative of the . The is head of state of Canada and the 14 other Commonwealth realms, but resides in oldest and most populous realm, t ...
; ## By a Senate; ## By a
Legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
chosen by the people with a responsible ministry. # That, until such time as the increase of the population in this country entitle us to a greater number, we have two representatives in the Senate and four in the Commons of Canada. # That in entering the Confederation the Province of the
Northwest The points of the compass are a set of horizontal, radially arrayed compass directions (or azimuths) used in navigation and cartography. A compass rose is primarily composed of four cardinal directions—north, east, south, and west—each s ...
be completely free from the public debt of Canada; and if called upon to assume a part of the said debt of Canada, that it be only after having received from Canada the same amount for which the said Province of the Northwest should be held responsible. # That the annual sum of $80,000 be allotted by the Dominion of Canada to the Legislature of the Province of the Northwest. # That all properties, rights and privileges enjoyed by us up to this day be respected, and that the recognition and settlement of customs, usages and privileges be left exclusively to the decision of the Local Legislature. # That this country be submitted to no direct taxation except such as may be imposed by the local legislature for municipal or other local purposes. # That the schools be separate, and that the public money for schools be distributed among the different religious denominations in proportion to their respective populations according to the system of the
Province of Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen ...
. # That the determination of the qualifications of members for the parliament of the province or for the parliament of Canada be left to the local legislature. # That in this province, with the exception of the Indians, who are neither civilized nor settled, every man having attained the age of 21 years, and every foreigner being a British subject, after having resided three years in this country, and being Possessed of a house, be entitled to vote at the elections for the members of the local legislature and of the Canadian Parliament, and that every foreigner other than a British subject, having resided here during the same period, and being proprietor of a house, be likewise entitled to vote on condition of taking the oath of allegiance. It is understood that this article is subject to amendment, by the local legislature exclusively. # That the bargain of the Hudson's Bay Company with respect to the transfer of government of this country to the Dominion of Canada, never have in any case an effect prejudicial to the rights of Northwest. # That the Local Legislature of this Province have full control over all the lands of the Northwest. # That a commission of engineers appointed by Canada explore the various districts of the Northwest, and lay before the Local Legislature within the space of five years a report of the mineral wealth of the country. # That treaties be concluded between Canada and the different Indian tribes of the Northwest, at the request and with the co-operation of the Local Legislature. # That an uninterrupted steam communication from Lake Superior to Fort Garry be guaranteed to be completed within the space of five years, as well as the construction of a railroad connecting the American railway as soon as the latter reaches the international boundary. # That all public buildings and constructions be at the cost of the Canadian Exchequer. # That both the English and French languages be common in the Legislature and in the Courts; and that all public documents as well as the acts of the Legislature be published in both languages. # That the Lieutenant-Governor to be appointed for the province of the Northwest be familiar with both the English and French languages. # That the Judge of the Supreme Court speak the English and French languages. # That all debts contracted by the Provisional government of the territory of the Northwest, now called
Assiniboia Assiniboia District refers to two historical districts of Canada's Northwest Territories. The name is taken from the Assiniboine First Nation. Historical usage ''For more information on the history of the provisional districts, see also Distri ...
, in consequence of the illegal and inconsiderate measures adopted by Canadian officials to bring about a civil war in our midst, be paid out of the Dominion treasury, and that none of the Provisional government, or any of those acting under them, be in any way held liable or responsible with regard to the movement or any of the actions which led to the present negotiations.


Guarantees of the act


Land

In the Métis' favour, the ''Manitoba Act, 1870'' guaranteed that the Métis would receive the title for the land that they already farmed and in addition they would receive of farmland for the use of their children. This land was to be divided up through an application process. The act also set aside land for the Métis, with each family receiving a scrip (a certificate) saying they owned , amounting to a total of about 5600 km2. The number of applications that the government was going to receive was greatly underestimated. The 1.4 million acres of land was not enough for the number of applications. The Canadian government began giving money for land, the equivalent value of $1 per acre, which was the current land value at that time. Section 31 reads, in part:


Religious and language rights

The act covered an array of topics. It contained religious and language rights. It allowed the Métis to have rights to have denominational schools. The act stated that laws had to be written and enforced in both French and English, either English or French can be used in the Legislature of Manitoba and any courts established by either Canada or the Province must use both languages. These have led to political controversy such as the Manitoba Schools Question in the nineteenth century, as denominational school rights were curtailed.


Parliament of Canada

The act also provided for Manitoba to send four members to the
House of Commons of Canada The House of Commons of Canada (french: Chambre des communes du Canada) is the lower house of the Parliament of Canada. Together with the Crown and the Senate of Canada, they comprise the bicameral legislature of Canada. The House of Commo ...
and two members to the
Senate of Canada The Senate of Canada (french: region=CA, Sénat du Canada) is the upper house of the Parliament of Canada. Together with the Crown and the House of Commons, they comprise the bicameral legislature of Canada. The Senate is modelled after the ...
.


Controversies

Since the ''Manitoba Act, 1870'' was put into action, it has been adjusted and under review multiple times. Historian D. N. Sprague notes that the land assigned to the
Métis The Métis ( ; Canadian ) are Indigenous peoples of the Americas, Indigenous peoples who inhabit Canada's three Canadian Prairies, Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United State ...
in the ''Manitoba Act, 1870'' was later revised by government laws, which took land away from the Métis. In order to receive scrip for children living or deceased, proof of birth in Manitoba prior to 1871 was required. Proof could be in the form of a baptismal or death certificate from the church, or a letter from an employer such as the HBC. The legislature also enacted English-only laws, which were later found unconstitutional by the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
in the case '' Reference re Manitoba Language Rights'' (1985). The ''Manitoba Act, 1870'', and Section 31 in particular, was also used in the 2013 Supreme Court case ''Manitoba Métis Federation v. Canada and Manitoba''.''Constitution Act, 1982'', s. 52
an


The Manitoba School Crisis

Most clauses in the ''Manitoba Act, 1870'' were agreed upon apart from one. Topics such as language and religion were safeguarded by the government and recognized by the Canadian court system. The clause on the right to
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...
and
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...
in educational systems was not safeguarded and was instead disputed amongst political figures. Notable people such as
Pierre-Joseph-Olivier Chauveau Pierre-Joseph-Olivier Chauveau (May 30, 1820 – April 4, 1890) was a Canadian lawyer and politician. Chauveau was the first premier of Quebec, following the establishment of Canada in 1867. Appointed to the office in 1867 as the leader of the ...
and Liberal leader Alexander Mackenzie had opposing views on the clause that would affect the right to education in French or English.


Section 31

Section 31 required the government to provide a tract of land to each Métis child upon reaching the age of 21 years, from a notional pool of 1.4 million acres of land appropriated for this purpose. Métis families were promised a large amount of land through the ''Manitoba Act, 1870''. The government, however, did not grant the land until the land had been surveyed. The act, therefore, ensured this process. However, the
Canadian government The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-in ...
later realized that the amount of land that was promised fell short compared to the number of Métis children entitled. This issue is what changed the process of receiving land by lottery draw through the Land Titles Office to money scrips. The government decided to allot money scrips in place of land, which could only be provided for the purchase of lands in government-owned parts of the
Northwest Territories The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
. In subsequent legal case regarding Section 31, the Court claimed that “there was no request for, expectation of or consideration by Canada to create a Métis homeland or land base.”


Validity of the ''Manitoba Act, 1870''

Following the enactment of the ''Manitoba Act, 1870'', questions arose whether the federal Parliament had the constitutional authority to create new provinces by ordinary federal statute. To eliminate any uncertainty on this point, the Imperial Parliament enacted the '' Constitution Act, 1871'', which confirmed that the federal Parliament had the power to establish new provinces and provide for their constitutions.'' Constitution Act, 1871'', 34–35 Vict., c. 28 (U.K.), s. 2.


See also

* History of Manitoba *
Winnipeg Winnipeg () is the capital and largest city of the province of Manitoba in Canada. It is centred on the confluence of the Red and Assiniboine rivers, near the longitudinal centre of North America. , Winnipeg had a city population of 749 ...
* Timeline of Winnipeg history * Republic of Manitoba


References


External links


L’Encyclopédie de l’histoire du Québec / The Quebec History Encyclopedia: Manitoba Act

Canadian Encyclopedia: Manitoba Act


{{Canada topic, Constitution of Canadian federal legislation Constitution of Canada Legal history of Canada Political history of Manitoba Manitoba law 1870 in Canadian law May 1870 events