Manitoba Act

The Manitoba Act (French: Loi sur le Manitoba),[1] is an act of the Parliament of Canada that is defined by the Constitution Act, 1982[2] as forming a part of the Constitution of Canada. The Manitoba Act received royal assent on May 12, 1870. It created the province of Manitoba and continued to enforce An Act for the Temporary Government of Rupert's Land and the North-Western Territories when united with Canada[3] upon the absorption of the British territories of Rupert's Land and the North-Western Territory into Canada on July 15, 1870. The Manitoba Act was created by the Parliament of Canada in response to the Métis' concerns of the provisional government. The Manitoba Act was created with hopes to decrease tension between the Canadian Parliament and the Red River Métis. Many negotiations and uprisings came with this Act, some of which are still not settled today.

Background

Territory transferred to Canada (July 15, 1870)

The Province of Manitoba was previously the area settled by the people of the Red River colony. This area was originally a part of Rupert's Land, which was where the fur traders would do the majority of their hunting and trapping. Rupert's Land was controlled by the Hudson Bay Company, the largest fur trading company of its time. In the late 1860s the Hudson's Bay Company surrendered the land to the British Crown. This is known as the "Rupert's Land Act 1868". This caused severe controversy specifically in the area of the Red River Colony, now known as Manitoba. In the eyes of the British Crown and the Canadian government, the land was seen to be owned by the Hudson Bay Company, even though Indigenous people and Métis people lived there. The Canadian government paid £300,000 for Rupert's land. This is the largest land purchase to date for the Canadian government.[4]

Once the Canadian government claimed the land from the Hudson Bay Company they began to set up Members of Parliament. William McDougall was appointed to be the Lieutenant Governor of Rupert's Land and the North-West Territory in 1869.[5] In September 1869 Lieutenant Governor William McDougall set out to Red River accompanied by many administrative officers.[5] The Métis were not consulted upon these government actions causing a great amount of uproar and distress. Once the Métis became aware of this new found government attempting to control their territory they created a provisional government of their own. Louis Riel became the leader for the Métis People.[6] Riel had good qualities for this role because he had educational experience from his time spent at school training to be a priest and Lawyer, even though he never fished his schooling.[6] Riel's ability to speak both French and English was a huge advantage for him and the Métis people because the Red River Colony was a bilingual area.[6] Many of the Metis people did not have the ability to understand all the legal action due to the lack of education and experience.

Rise of the Métis

Louis Riel and his supporters created a provisional government of their own. This time period is known as the Red River Resistance or Rebellion.[4] Riel and the Métis prepared for the arrival of William McDougall and his accompanied administrative officers. Once McDougall and his people arrived to 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 here, he stayed in Pembina for approximately a months time attempting to control the area.[4] The Métis actions separated the Canadian party due to their barriers, others became captured and held in jail at Fort Garry.[7] On December 16 McDougall gave up his efforts for the time being. The Canadian government created a new expedition in attempts to established sovereignty and establish a political solution.[7]

The Red River Resistance started out as a nonviolent protest and uprising towards the Canadian government. Riel and his people had occupied Fort Gary. A group of Ontario settlers who were opposed to the Riel uprising set out to this Fort. This caused for 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 is evaluated by many historians because it is argued greatly to why Thomas Scott was executed. The execution of Thomas Scott had great impact on how the Canadian government and its supports viewed the Métis. People were so outraged that when Riel was to make appearances at Parliament he did not attend in fear of getting executed himself.[8] Despite the execution, the Canadian government was still working towards sovereignty. The Manitoba act, received the royal assent on May 12, 1870.[1]

The Manitoba Act made the Red River Colony apart of Canada and created the province of Manitoba. Even with the Manitoba Act in place much work was to be done with the settling of land rights. Before land rights were settled Sir John A. MacDonald convinced the British to send a military expedition to Manitoba, led by Colonel Wolseley. This was known as the Wolseley expedition. The Wolseley expedition caused for White settlers to pour into the province and begin settling the land. The Métis were kept waiting for their land grants. Many Métis fled to Saskatchewan, and Louis Riel fled to the United States at this time.[8]

Métis List of rights

Métis have traditionally been known to come from the Red River Colony.[9] Metis are people who come from European and Indigenous backgrounds. In areas such of the Red River Colony many European trappers would marry and have children with the Indigenous women .[9] Métis people have struggled with being identified. Métis people are known to be "self identified". They are not settlers and they are not fully Indigenous. They are often to be labeled "Mixed Blood" or "half-breeds". Métis are not identified under the Indian Act of Canada causing a great amount of controversy. Throughout the years the definition of Métis have went through many changes.[9]`In the 1990s there was a separate definition for "Red River Métis". This term was created for individuals who's families Métis ancestry came from Red River.[9] The Red River Métis were very influential in the creation of the Manitoba Act. They had many rights and requests that they pushed to be fulfilled by the Canadian government government. The following is a list of some of the Red River Métis' demands for the Manitoba Act.

The Métis leaders originally requested

  1. That the people of the new province have the right to elect their own legislature.
  2. The legislature has the right to pass their own territorial laws and they can reject the Executive vote, by a two-third vote.
  3. All Acts of the Canadian parliament must be
  4. All members of authority are to be elected by the people of Manitoba
  5. A "free homestead pre-emption law".
  6. Land must be set aside for the building of schools, roads, bridges and other buildings.
  7. Improvement of transportation, including a railway that connects Winnipeg to other railways and money must be given to improve roads within five years.
  8. The Dominion must pay for the Territory's military and municipal expensive for four years.
  9. The military must be built by people already living in the Territory
  10. Legislation and Public Documents must be published in both English and French
  11. The superior judge must be bilingual
  12. Manitoba must have full and fair representation in the Canadian Government.
  13. Privileges, customs and usages existing at the time of the transfer must be respected.[10]

What the Act Guaranteed

In the Métis' favour the Manitoba Act guaranteed that the Métis would receive title for the land that they already farmed and in addition they would receive 1,400,000 acres (5,700 km2) of farmland for the use of their children.[8] This land was to be divided up through an application process. The Act also set aside land for the Métis, with each family receiving scrip, a certificate, saying they owned 96 hectares of land, amount to a total of about 560,000 hectares (5,600 km2). The number of applications that the government was going to receive was greatly under estimated. The 1.4 million acres of land was not enough for the number of applications.[8] The Canadian government began giving money for land, the equivalent value of $1 per acre which was current land value at that time.[8]

The covered a ray of topics. The act contained religious and language rights.[8] It allowed the Métis to have rights to have denominational schools. The act stated that laws had to be written an enforced in both French and English, and to use either English or French in the Legislature of Manitoba and any courts established by either Canada or the Province must use both languages.[8] These legislations with in the Act has led to political controversy. Controversies such as the Manitoba Schools Question in the nineteenth century, as denominational school rights were curtailed. The act also allowed for Manitoba to send four members to the House of Commons in Ottawa and two members to the Senate.[11]

The May 12th, 1870 Manitoba act covered but not limited to the following topics:[12]

  1. The province of Manitoba is to be formed[12]
  2. Former provisions act shall be applied to Manitoba
  3. Manitoba is to have representation in the House of Commons and the Senate
  4. Qualification of voters and members of the House of Commons
  5. Lieutenant-Governor, Executive Council, Seat of Government.
  6. The process of the first election
  7. Duration of Legislation Assembly[12]
  8. Number of Legislation sessions per year
  9. Legislations of school curriculum
  10. The uses of English and French
  11. Provincial and National Debt
  12. Shared expenses
  13. Customs Duties and Laws
  14. Indian title
  15. Land Titles
  16. Land rights[12]

Controversy of the Act

Since the Manitoba Act was put into action it has been adjusted and under review multiple times. Historian D.N. Sprague notes the land given to the Métis in the Manitoba Act of 1870 was later revised by government laws, which took land away from the Métis.[7] 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 Hudson's Bay Company.[7] The legislature also enacted English-only laws were later found unconstitutional by the Supreme Court of Canada in the case Reference re Manitoba Language Rights (1985). The Manitoba Act, and Section 31 in particular, was also used in the 2013 Supreme Court Case Manitoba Métis Federation v. Canada and Manitoba.[2]

Validity of the Manitoba Act

Following the enactment of the Manitoba Act, 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.[13]

See also

References

  1. 1 2 originally entitled An Act to amend and continue the Act 32–33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba, S.C. 1870, c. 3
  2. 1 2 Constitution Act, 1982, s. 52 and Schedule, Item 2.
  3. ↑ An Act for the Temporary Government of Rupert's Land and the North-Western Territories when united with Canada, S.C. 1869, c. 3
  4. 1 2 3 Galbraith, John S. (1949). "The Hudson's Bay Land Controversy, 1863-1869". The Mississippi Valley Historical Review. 36 (3): 457–478. doi:10.2307/1893017. JSTOR 1893017.
  5. 1 2 Daugherty, Wayne (1983). "Treaty Research Report Treaty One and Treaty Two (1871)". Indian and Northern Affairs Canada.
  6. 1 2 3 "Louis Riel". library.usask.ca. Retrieved 2018-03-26.
  7. 1 2 3 4 St-onge, Nicole J.M (1985). "The Dissolution of a Metis Community". Studies in Political Economy. 18: 149–172.
  8. 1 2 3 4 5 6 7 Richtik, James M. (1975). "The Policy Framework for Settling the Canadian West 1870-1880". Agricultural History. 49 (4): 613–628. JSTOR 3741487.
  9. 1 2 3 4 Sawchuk, Joe (2001). "Negotiating an Identity: Métis Political Organizations, the Canadian Government, and Competing Concepts of Aboriginality". The American Indian Quarterly. 25 (1): 73–92. doi:10.1353/aiq.2001.0012. ISSN 1534-1828.
  10. ↑ Barkwell, Lawrence. "Metis Lists of Rights; The evolution of the list from the first to fourth iteration". SCRIBD.
  11. ↑ originally entitled An Act to amend and continue the Act 32–33 Victoria, chapter 3; and to establish and provide for the Government of the Province of Manitoba, S.C. 1870, c. 3
  12. 1 2 3 4 Affairs, Government of Canada, Department of Justice, Constitutional. "Department of Justice - Final Report of the French Constitutional Drafting Committee". www.justice.gc.ca. Retrieved 2018-03-28.
  13. ↑ Constitution Act, 1871, 34 & 35 Vict. c. 28 (U.K.), s. 2. (Note that the act was originally named the British North America Act, 1871, but was re-named in Canada by the Constitution Act, 1982, s. 53.)
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