|
The Government of Canada
|
Also on this page:
Questions & Answers
about the Government of Canada:
Canada is a constitutional monarchy, a federal state and parliamentary
democracy with two official languages and two systems of law:
civil law and common law. In 1982, the Charter of Rights and
Freedoms was entrenched in the Canadian Constitution. Canada's
Constitution was initially a British statute, the British North
America Act, 1867, and until 1982, major amendments required
action by the British Parliament. Since 1982 when the Constitution
was "patriated" - that is, when Canadians obtained the right
to amend all parts of the Constitution in Canada - this founding
statute has been known as the Constitution Act, 1867-1982.
The Monarchy
From the days of French colonization and British rule to today's
self-government, Canadians have lived under a monarchy. Although
Canada has been a self-governing "Dominion" in the British Empire
since 1867, full independence for Canada, as for all British
colonies, was established only in 1931 by the Statute of Westminster.
Elizabeth II, Queen of the United Kingdom, is also Canada's
Queen and sovereign of a number of realms. In her capacity as
Queen of Canada, she delegates her powers to a Canadian Governor
General. Canada is thus a constitutional monarchy: the Queen
rules but does not govern.
The Federal Government
Canada's 33 "Fathers of Confederation" adopted a federal form
of government in 1867. A federal state is one that brings together
a number of different political communities under a common government
for common purposes and separate regional governments for the
particular needs of each region. In Canada, the responsibilities
of the federal Parliament include national defence, interprovincial
and international trade and commerce, the banking and monetary
system, criminal law and fisheries. The courts have also awarded
to the federal Parliament such powers as aeronautics, shipping,
railways, telecommunications and atomic energy.
The provincial legislatures are responsible for such matters
as education, property and civil rights, the administration
of justice, the hospital system, natural resources within their
borders, social security, health and municipal institutions.
The Parliamentary System
The roots of Canada's parliamentary system lie in Britain. In
keeping with traditions handed down by the British Parliament,
the Canadian Parliament is composed of the Queen (who is represented
in Canada by the Governor General), the Senate and the House
of Commons.
The Senate, also called the Upper House, is patterned after
the British House of Lords. Its 105 members are appointed, not
elected, and are divided essentially among Canada's four main
regions of Ontario, Quebec, the West and the Atlantic Provinces.
The Senate has the same powers as the House of Commons, with
a few exceptions.
The House of Commons is the major law-making body. It currently
has 301 members, one from each of the 301 constituencies or
electoral districts. The Canadian Constitution requires the
election of a new House of Commons at least every five years.
As in the United Kingdom and the United States, in Canada voters
elect a single member for their electoral constituency, in one
round of balloting. In each constituency, the candidate who
gets the largest number of votes is elected, even if his or
her vote is less than half the total. Candidates usually represent
a recognized political party - although some run as independents
- and the party that wins the largest number of seats ordinarily
forms the government. Its leader is asked by the Governor General
to become Prime Minister.
The real executive authority is in the hands of the Cabinet,
under the direction of the Prime Minister. In general, the Prime
Minister is the leader of the party with the largest number
of seats in the House of Commons and is vested with extensive
powers. It is the Prime Minister who chooses the ministers from
among the members of Parliament in the governing party. Strictly
speaking, the Prime Minister and Cabinet are the advisers of
the monarch. "De facto" power, however, lies with the Cabinet,
and the Governor General acts on its advice. Cabinet develops
government policy and is responsible to the House of Commons.
The Government of Canada, headed by its Cabinet of some 25 ministers,
performs its duties through the intermediary of the federal
departments and agencies, boards, commissions and state-owned
corporations.
Political Development
Canada, which had been a self-governing colony in 1867, rose
to the status of an independent state after its participation
in World War I and achieved "de jure" independence with the
Statute of Westminster in 1931. The Constitution of 1867 had
one serious flaw: it contained no general formula for constitutional
amendment. It was necessary to address the British Parliament
in London each time the founding statute needed change. An amending
formula should have been included in the Constitution at the
time of the coming into force of the Statute of Westminster
in 1931, but it was not until November 1981, after numerous
attempts, that the federal government and the provinces (except
Quebec) agreed to the amending formula that is now part of the
Constitution Act, 1982. Since that time, all parts of the Constitution
can be amended only in Canada.
A Flexible System
The Canadian constitutional system has been changed over the
years, sometimes quite extensively, but always peacefully and
gradually. In the 1980s and 1990s, two major efforts were made
at reform.
The 1987 Meech Lake Accord sought to bring Quebec back into
Canada's constitutional family by meeting five constitutional
conditions set out by Quebec. The conditions centred on provincial
participation in the appointment of Supreme Court judges and
senators, the Constitution's amending formula, increased powers
for the provinces in immigration matters, some reduction in
federal spending powers and a constitutional declaration that
Quebec is a "distinct society." However, the Meech Lake Accord
was not implemented because it did not obtain the legislative
consent of all provinces and the federal government.
In 1991-92, another round of constitutional reform was initiated,
leading to the Charlottetown Accord. The Accord, which was supported
by the Prime Minister, the 10 provincial premiers, the two territorial
leaders and four national Aboriginal leaders, provided for a
reformed Senate and changes to the division of legislative powers
between the federal and provincial governments. It also supported
the right of Canada's Aboriginal peoples to inherent self-government
and recognized Quebec as a distinct society. The Accord, however,
was rejected by Canadians in a national referendum held on October
26, 1992.
The Parliament of Canada has since passed a bill, on February
2, 1996, guaranteeing Canada's 5 major regions that no constitutional
change concerning them would be made without their unanimous
consent.
As well, less than a month after the Quebec sovereignty referendum
of October 30, 1995, the Parliament of Canada passed a resolution
recognizing Quebec as a distinct society. The Government of
Canada is also transferring greater responsibility for some
programs and services to the provinces. Examples of some of
the areas in which these changes are taking place include labour-market
training and mining and forestry development.
Today, the parliamentary system is still the form of government
that is the choice of Canadians. The federal structure, with
the sharing of powers it entails, is the one formula that can
take into account Canada's geographical realities, the diversity
of its cultural communities and its dual legal and linguistic
heritage. |
Go to Top of Page
|
 How
is Canada governed?
What role does the Queen play?
How is Parliament chosen?
How is the federal government formed?
How are the provincial and territorial governments formed?
Territorial Governments
Local Governments
What are the responsibilities of the levels of government in Canada?
How and when are elections held?
Who can vote?
How is law enforced?
How is the Canadian legal system constituted?
What is the Canadian Charter of Rights and Freedoms?
What is official bilingualism?
What is a multicultural society?
How do Canadians view government?
|
A:
How is Canada governed?
Canada is a federation. The federal system of government means
that powers and responsibilities are divided between the federal
government and the 10 Canadian provincial governments. Canada
also has territorial jurisdictions in the far north of the country.
The federal government includes the Prime Minister and Cabinet.
Government members are members of parliament. The Parliament
buildings are located in Ottawa. The laws passed in parliament
are implemented by different federal departments.
A: What
role does the Queen play?
Queen Elizabeth II is Canada's official head of state. She is
represented in this country by the Governor General at the federal
level and the Lieutenant Governors at the provincial level.
All federal legislation must receive the assent of the Governor
General, within the parameters of the Canadian constitution.
This is what makes Canada a constitutional monarchy.
A: How
is Parliament chosen?
Parliament consists of the House of Commons, the Senate and
the Governor General. The House of Commons is the national legislature
elected by Canadian citizens. It is made up of 301 members.
Members of parliament are usually associated with a political
party, although some members do sit independently. The Senate
is the Upper House of Parliament. Members of the Senate are
appointed by the Governor General upon recommendation by the
Prime Minister. In addition to its consideration of parliamentary
legislation, the Senate is also asked to investigate important
economic and social issues. With specific exceptions, all parliamentary
legislation must be approved by the House of Commons, the Senate
and the Governor General before it can become law. Most parliamentary
legislation is introduced by the government.
A: How is the federal
government formed?
By convention, the political party with the most elected members
in the House of Commons will take the leading role in forming
the government. If it has a majority of seats (151), then it
automatically forms a majority government. If it has fewer than
151 seats, the leading party will seek the cooperation of other
parties. The leader of this party becomes the Prime Minister.
The party with the second highest number of seats usually becomes
the Official Opposition. Its leader becomes the Leader of the
Opposition. Since the federal election of 2 June 1997, there
are five official parties in the House of Commons. The Prime
Minister chooses a Cabinet from members of the leading party
in the House of Commons. The Prime Minister and Cabinet must
maintain the confidence of the House of Commons, a practice
known as 'responsible government'. Each member of Cabinet is
responsible for the management of certain aspects of the federal
government. To this end, most Cabinet members oversee the operations
of one or more federal departments or agencies. The most senior
officials in departments are called Deputy Ministers. They are
not elected, and are, generally career public servants, directly
responsible to the Cabinet Minister.
A: How are the provincial
and territorial governments formed?
According to the practice of their federal counterparts, each
provincial government is drawn from the elected members of the
provincial assembly. The provincial leader, however, is called
the Premier. The provincial legislatures do not have a Senate.
In order for provincial legislation to become law, it needs
approval of the provincial assembly and the Queen's provincial
representative, the Lieutenant Governor.
A: Territorial Governments
The territories are not sovereign units. Their powers are delegated
by Parliament, and thus they are subordinate bodies. The territories
also have elected assemblies that follow many of the same practices
as the provincial and federal governments.
A: Local Governments
Local governments are elected regularly to manage municipalities,
cities, towns and regions. Local governments do not have constitutional
powers, but rather have functions delegated to them by other
levels of government. Mayors, councillors and school board officials,
for example, are elected to their positions directly. Usually,
they do not formally represent political parties.
A: What are the responsibilities
of the levels of government in Canada?
In accordance largely with the Constitution Act of 1867, the
federal government handles such matters as:
-defence
-criminal law
-banking
-postal system
-foreign relations
The federal government is also involved in many other areas
including transportation, communication, immigration, health,
and environmental matters.
Provincial governments are constitutionally responsible for
such matters as:
-civil justice
-property
-municipal institutions
In practice, the provinces share responsibility with the federal
government for such matters as:
-health services
-agriculture
-immigration
-social assistance
-transportation
Local governments are responsible for services within a city
or region including:
-schools
-police and fire protection
-water and sewage services
-recreation -local public transportation
A: How and when are elections
held?
By law, federal and provincial elections must be held at least
every five years, although they can be called earlier. If a
minority government has a bill defeated in the House of Commons,
an election must take place. In all cases, the decision to call
an election is taken by the Prime Minister. All voting is by
secret ballot. At the local levels of government, elections
are usually held every two or three years.
A: Who can vote?
To vote in a federal election, you must be a Canadian citizen
and at least 18 years old. For provincial or municipal elections,
the age and citizenship requirements may vary.
A: How is law enforced?
All individuals and organizations in Canada, including Parliament,
are bound by the Canadian Charter of Rights and Freedoms. All
individuals and organizations are also bound by the laws of
Parliament. Law enforcement agencies throughout the country,
including the Royal Canadian Mounted Police, have the responsibility
of ensuring universal compliance with the laws of Parliament.
A: How is the Canadian
legal system constituted?
Canada has an independent judiciary, with numerous levels of
courts including the federal courts at the federal level and
superior courts, county courts, provincial courts, family courts,
juvenile courts and small-claims courts at the provincial level.
There are two forms of law in the country: those that deal with
civil disputes and those that deal with criminal acts and punishment.
The Supreme Court of Canada is the highest court in the land.
It interprets constitutional matters and defines the limits
of federal and provincial powers. There are nine Supreme Court
justices, three of whom are always from the province of Quebec.
A: What is the Canadian
Charter of Rights and Freedoms?
The Canadian Charter of Rights and Freedoms is part of the Constitution
Act, 1982, and enshrines the basic principles and values by
which Canadians live and govern themselves. It also defines
and guarantees personal rights and fundamental freedoms including
freedom of conscience and religion, freedom of thought, belief,
opinion and expression, freedom of peaceful assembly and freedom
of association.
A: What is official
bilingualism?
Official bilingualism allows all Canadians to communicate with
the federal government, especially the courts and Parliament,
in either English or French.
A: What is a multicultural
society?
Canada is comprised of people from different national and ethnic
backgrounds. Canadians celebrate this diversity. Canadian society
actively encourages people to practise their customs and traditions,
provided that they are in accordance with Canadian law.
A: How do Canadians
view government?
Canadians are proud of their democracy, and see government as
a body responsible to them. Canadians value principles of fair
and equal access and the open exchange of ideas. Bribery and
corruption at any level of government are not tolerated. The
majority of Canadians vote regularly in government elections,
and, indeed, see voting as a responsibility in a democratic
society.
|
|
B213 - 2099 Lougheed Hwy, Shaughnessy Square, Port Coquitlam, BC.V3B1A8 Canada.
