Манитоба актісі және Канада Конституциясының бір бөлігі

Part of the Constitution of Canada establishing Manitoba

The Manitoba Act, 1870 is an act of the Parliament of Canada, and part of the Constitution of Canada, that provided for the admission of Manitoba as the fifth province of Canada. upon the absorption of the British territories of Rupert's Land and the North Western Territory into Canada on July 15, 1870. Hoping to decrease tension, the act marked the legal resolution of the fight for self determination between the federal government and the people (particularly the Métis) of the Red River Colony, which began in 1870 with Canada's purchase of Rupert's Land. 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.

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.

The act covered an array of topics. It contained religious and language rights.

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."

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.