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Chapter 3

Chapter 3. Government. Canada is a democratic constitutional monarchy, with a Sovereign as head of State and an elected Prime Minister as head of Government.

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Chapter 3

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  1. Chapter 3 Government

  2. Canada is a democratic constitutional monarchy, with a Sovereign as head of State and an elected Prime Minister as head of Government. • Canada has a federal system of parliamentary government: Government responsibilities and functions are shared between federal, provincial and territorial governments.

  3. British North America Act 1867 • Section 91 outlines Federal Powers (things that will apply to every province) • Section 92 outlines Provincial Powers (local in nature)

  4. Section 91 states: It shall be lawful for the Queen, by and with the advice and consent of the Senate and House of Commons to make laws for the Peace, order and Good Government of Canada. • Basically means that anything not clearly defined by section 92 comes under the Federal Government.

  5. Intra Vires: within your power. The province has the power to change the age that a person gets their driver’s license. • Ultra vires: beyond your power. The federal government could not standardize education across the country.

  6. Statute of Westminster 1931 • This bill was passed in Britain which gave Canada full control of it law making process. • Now Canada could make all their own laws without fear that they could be overruled in Britain.

  7. Conflicts • Pg 54. Look at the list. Where does natural resources fall? • What about water? Uranium? Plutonium? Oil off shore? Who is to regulate those?

  8. Constitution Act 1982 (P.E. Trudeau) • Want to Patriate the Constitution. That is finally bring all Constitutional power under Canada’s control. • It was to address the problems that were arising in Canada due to shortfalls in the BNA Act. • Accomplished 4 things

  9. 4 key elements of Constitution Act 1982 • A principle regarding equalization of service across Canada • A clearer interpretation of who controlled and manages Natural Resources • An amending formula for future changes • A charter guaranteeing individual right and freedoms. (Canadian Charter of Rights and Freedoms)

  10. Government Structure • Both Federal and Provincial Governments have Executive and Legislative Branches. • Legislative Branches legislate…that is make and pass laws. • Executive branches execute…that is they put the laws that are made into action.

  11. Judiciary • This is the 3rd branch of both Federal and Provincial Governments. • They consist of Judges, who interpret the law and decide on punishment in Canada’s court system. • Justices are apolitical and independent. That means they are appointed on merit rather than politics

  12. Judiciary Hierarchy • Supreme Court Of Canada • Provincial Court of Appeal • Provincial Superior Court (Major offences) • Provincial Court • These courts have become extremely important especially in the light of the Canadian Charter of Rights and Freedoms (CCRF)

  13. How a bill is made • Handout. • Public Bill: introduced by cabinet minister • Private member’s bill: introduced by MLA/MP who does not hold a cabinet position

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