Canada Temperance Act
Encyclopedia
The Canada Temperance Act was an Act of the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...

 in 1878, which provided for an option for municipalities to opt-in by plebiscite to a prohibition
Prohibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...

ary scheme. It was often known as the Scott Act, on account of its sponsor Sir Richard William Scott
Richard William Scott
Sir Richard William Scott, PC, KC was a Canadian politician and cabinet minister.He was born in Prescott, Ontario in 1825. A lawyer by training, Scott was admitted to the bar in 1848 and established a practice in Bytown...

.

The Act was based on similar legislation known as the Dunkin Act
Christopher Dunkin
Christopher Dunkin, PC was a Canadian editor, lawyer, teacher, judge, and politician.Born in Walworth, London, England, the son of Summerhays Dunkin and Martha Hemming, he was educated at the University of London, the University of Glasgow, and Harvard University.He was first elected to the...

, passed in 1864 by the Province of Canada
Province of Canada
The Province of Canada, 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 Affairs of British North America following the Rebellions of...

, which gave the power to communities to enact prohibition.

The Act was subject to several of the first constitutional challenges, starting with Russell v. The Queen
Russell v. The Queen
Russell v. The Queen is a landmark Privy Council decision regarding the interpretation of the Canadian Constitution Act, 1867, and was one of the first cases explaining the interpretation of peace, order and good government....

(1882).

The Act was later amended in 1927, and subsequently challenged again in Ontario v. Canada Temperance Federation (1946).

See also

  • Ontario Temperance Act
    Ontario Temperance Act
    Ontario Temperance Act was a law passed in Ontario in 1916 to prohibit the sale of alcohol, a period known as Prohibition. This meant the province remained dry in legal terms, but smugglers continued to import alcohol into the province. The cause was the demand of religious elements led by women...

     1916
  • Prohibition in Canada
    Prohibition in Canada
    The temperance movement reached its height in Canada in the 1920s, when outside imports were cut off by provincial referendums. As legislation prohibiting consumption of alcohol was repealed, it was typically replaced with regulation restricting the sale of alcohol to minors and imposing excise...

  • Ontario prohibition plebiscite, 1894
    Ontario prohibition plebiscite, 1894
    An Ontario prohibition plebiscite was held on January 1, 1894, in conjunction with municipal elections under the Prohibition Plebiscite Act, on the legality of alcoholic beverages and the implementation of prohibition...

  • Ontario prohibition referendum, 1902
    Ontario prohibition referendum, 1902
    An Ontario prohibition referendum was held on December 4, 1902, under the Liquor Act, on the legality of alcoholic beverages and the implementation of prohibition in the province. Though the referendum passed, a majority of half of the voters in the 1898 election did not support the motion and...

  • Ontario prohibition referendum, 1919
    Ontario prohibition referendum, 1919
    An Ontario prohibition referendum was held on October 20, 1919 , on the repeal of the prohibition of alcoholic beverages...

  • 1920 Canadian liquor plebiscite
    Canadian liquor plebiscite, 1920
    The Canadian Liquor Plebiscite was held on October 25, 1920 in the provinces of Alberta, Manitoba, Nova Scotia and Saskatchewan under the Canada Temperance Act and the Dominion Election Act....

  • Ontario prohibition referendum, 1921
    Ontario prohibition referendum, 1921
    An Ontario prohibition referendum was held on April 18, 1921 concerning a ban on the importation of alcoholic beverages into Ontario.- Referendum question :Shall the importation and the bringing of intoxicating liquors into the province be forbidden?...

  • Ontario prohibition referendum, 1924
    Ontario prohibition referendum, 1924
    An Ontario prohibition referendum was held on October 23, 1924 on the repeal of the Ontario Temperance Act. The referendum was brought about by a clause in the Act, which permitted the possible repeal of prohibition by a majority vote.- Referendum question :...

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