Manitoba Act, 1870

The Province of Manitoba was previously the area settled by the people of the Red River Colony. In 1884, Manitoba was organized in many different municipalities. The county of Selkirk, Manitoba 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 (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''. 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 in 1869. In September 1869, McDougall set out to Red River, accompanied by many administrative officers. 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. 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. 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 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. John A. Macdonald and George-Étienne Cartier were both leading figures in the establishment of the Province of Manitoba 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 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.May 9, 1870 • That this province be governed: • By a Lieutenant-Governor, appointed by the Governor-General of Canada; • By a Senate; • By a Legislature 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 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. • 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, 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. 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 and two members to the Senate of Canada. == 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 in the Manitoba Act, 1870 was later revised by government laws, which took land away from the Métis. 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 and French in educational systems was not safeguarded and was instead disputed amongst political figures. Notable people such as Pierre-Joseph-Olivier Chauveau and Liberal leader Alexander Mackenzie had opposing views on the clause that would affect the right to education in French or English. The act, therefore, ensured this process. However, the Canadian government 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. 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. ==See also==