The Constitution and

Government
CLN4U

Parliamentary Democracy

Canada is governed as a parliamentary

democracy.
Based on British model (Westminster
Parliament)
Government elected through a general
election (at least every 5 years)
Party with the most seats forms the
government NOT majority

Leader becomes Prime Minister

Prime Minster chooses Cabinet

Parliamentary Democracy

Head of State is the Queen,

represented by GG.
Head of Government is Prime
Minister
Canadas system is heavily
dependent on custom many of the
details are written nowhere but in
records of past events

Branches of Government

Legislative
Executive
Judicial

The Legislative Branch

main purpose is to make law

the only body that can approve or
reject laws
comprised of all members:

elected to House of Commons

appointed to the Senate

Federally: House of Commons +

Senate = Parliament

The Legislative Branch

House of Commons

Provincially: Legislative Assembly (no senate)

Quebec: National Assembly

Newfoundland & Labrador: House of Assembly

Representation by population

Senate

Provides a check on laws passed by House

Senate must approve a bill put forward by the
House in order for it to become law
Seats assigned on regional basis

The Legislative Branch

Issues:

The Senate is an unelected body with

veto power over democratically elected
representatives
Senate is appointed by PM can
regional interests be overruled by
political partisanship?

The Executive Branch

responsible for ongoing operations of govt

recommends bills to legislative branch
implements the laws that are passed
at the federal level, comprised of:

PM
Cabinet
Governor General (figurehead)

at the provincial level, comprised of:

Premier
Cabinet
Lieutenant Governor

The Executive Branch

The Civil Service works hand in

hand with the Executive Branch
Civil service administers govt
functions
Deputy Ministers present policy
recommendations to Cabinet
Ministers

The Judicial Branch

acts as independent third party

clarifies the law
Principle of non-interference from other
branches
Based on Rule of Law

Govt must follow the law it makes

The law applies equally to all no-one is exempt
No action can be taken unless authorized by law

Govt actions can be challenged if they are

perceived to violate the rule of law

The Judicial Branch

The Constitution grants authority to

the provinces and territories over the
main elements of the legal system:
the courts and the police
However, the federal govt does
make appointments to the courts.

Provincial Courts
Courts of First Appearance

Ex: Ontario Court of Justice

Mostly Criminal cases (very few civil)
No jury trials
Judges appointed by provincial govt

Superior Trial Courts

Ex: Superior Court of Justice

Hear virtually all civil cases
Hear Criminal cases of the most serious nature (ie
murder)
Justices appointed by federal govt

Courts of Appeal

Ex: Ontario Court of Appeal

Highest provincial/territorial court
Panels of three justices sit to hear cases
Justices appointed by federal govt

Federal Courts
Federal Courts

Specialized courts dealing with specific legal

issues
Travel as needed to hear cases
Ex: Tax Court of Canada, Courts Martial

Supreme Court of Canada

The final Court of Appeal

Comprised of 9 justices
Justices appointed by PM
Three justices are always from Quebec