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| 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. |
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| 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.  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. 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. 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. 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. 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. 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. 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 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. 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. 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. 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. 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. 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. |
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