Canada’s complicated colonizer past: Why Canada has provinces and territories
By: Callum Denault
Published on: September 20th, 2024
Canada has 10 provinces and three territories, which is unusual since most countries collectively refer to their political regions by a single term, like riding or state.
However, the reason Canada has both provinces and territories is because of its history as a colony.
Keep reading to learn more about Canada’s unique administrative division system and the history behind it.
Why aren’t the territories just called provinces?
Canada’s territories have different governing rules than provinces, having originally been founded as only receiving their legislative powers from the federal government.
The federal government has a historical explanation for how this came to be. In 1670, the Hudson Bay Company discovered a huge northern region called “Rupert’s Land.” Similarly to many colonial stakeholders, the company claimed ownership of this area away from its Indigenous residents. At the time, what is now known as Canada’s three territories was mostly a fur trading area.
In 1870, The Canadian Union received ownership of these lands. This area would be the precursor to the current Canadian territories: the Northwest Territories, the Yukon, and Nunavut.
According to the Northwest Territories’ assembly, there are two main reasons territories are still categorized differently from provinces. First, these territories cover massive amounts of land but contain a small percentage of Canada’s overall population. Second, unlike provinces, territories have no inherent jurisdiction beyond that which the federal government decides to grant them. Whether this legal technicality is something that seriously affects how laws are interpreted in the territories is something the federal government calls “an open question.”
The creation of Nunavut was a modern addition to Canada’s North. It was separated from the eastern portion of the Northwest Territories in 1999. This separation was brought on by the land claim negotiations between the government of Canada and Inuit Tapiriit Kanatami.
The Nunavut Land Claims Agreement was signed on May 25, 1993, with a six year transitional period to establish the new territory.
This separation allowed leaders from the primarily Inuit population of Nunavut to exercise greater control over the governance of their own land. It also serves as a way for Inuit communities to reclaim land taken by colonizers.
“Devolution” and how the Territories are reclaiming independence
In order for territories to become provinces, there would have to be an amendment to the Constitution of Canada. This would only be possible if seven out of the 10 provinces, containing at least 50 per cent of Canada’s population, agree to this amendment in a double majority.
Despite this, the territories have found other ways to become more autonomous, with major changes to how the regions are governed within the last four decades.
The federal government has granted each territory its own legislative assembly and executive council to give them “province-like powers.” This means the territories are being handed more responsibility over their internal affairs in a process referred to as “devolution.” Devolution grants Northern communities with more control over land and resources. Through a revenue-sharing plan, it also ensures that residents and Indigenous groups directly benefit from the responsible development of the region’s resource potential.
To this day, Nunavut, Yukon, and The Northwest Territories have their own local governments. Relationships between these assemblies and the federal government seem to be going well, with The Northwest Territories and Nunavut signing a $36 million health deal. This deal focuses on improving access to health care in the territories. It will ensure that remote communities receive critical health services while increasing the number of Inuit individuals working in health care. It remains uncertain if territories will one day become provinces, but for now, they serve as reminders of Canada’s history as a colony. They also remind Canadians that there is still much work to be done in the country’s reconciliation efforts towards Indigenous groups. It is essential that the government works with these communities to increase access to critical resources while continuously acknowledging the impact of our country’s colonized past.