Cameron Miranda
Canada is a parliamentary democracy with a three-part Parliament that includes the House of Commons, the Senate, and the Monarch (represented by the Governor General). The law-making process in Canada involves all three parts of Parliament, and it begins with a policy proposal by the government or an MP who is not a member of the Cabinet. This proposal is then presented to the Cabinet for approval and the drafting of a bill. Once the draft bill is approved by the responsible minister, it is introduced in Parliament and undergoes a first reading in either the Senate or the House of Commons. The bill then proceeds to the second reading in the same House of Parliament, where it is debated and voted on. Following this, the bill is referred to a committee for further review and improvement. Finally, the bill receives a third reading and requires Royal Assent to become a law. The Canada Gazette is the official newspaper of the Government of Canada, where draft regulations and final regulations are published for public comment and input. While Canada's law-making process is designed to be inclusive and accountable, it has been criticised for excluding the perspectives of those most affected by the changes. Additionally, the country's legal heritage is influenced by Indigenous customs and traditions, such as healing circles and restorative justice, and federal and provincial governments share governing and law-making powers.
| Characteristics | Values |
|---|---|
| Type of Government | Parliamentary Democracy |
| Law-making Powers | Federal, Provincial and Municipal governments |
| Federal Law-making Powers | Criminal law, trade and commerce, banking, immigration, and environmental laws |
| Provincial Law-making Powers | Property and civil rights, natural resources, hospitals, municipalities, education |
| Basis of Law | Rule of law, freedom under the law, democratic principles, respect for others, and Indigenous customs |
| Law-making Process | Policy proposal, drafting, approval, introduction in Parliament, readings, Royal Assent, publication in Canada Gazette |
| Parliament | House of Commons, Senate, Monarch/Governor General |
| Legislative Process | All three parts of Parliament work together to create new laws |
| Bill Introduction | Introduced in either the Senate or the House of Commons |
| Bill Approval | Requires approval from all three parts of Parliament |
| Regulations | Delegated legislation, developed with or after the bill, published in Canada Gazette |
| Official Languages | English and French |
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What You'll Learn
The role of Parliament and provincial legislatures
Canada is a parliamentary democracy, a system of government that is based on laws. These laws play a crucial role in shaping society and daily life. Each level of government in Canada—federal, provincial, and municipal—has specific responsibilities for different aspects of society and the power to create laws to govern these areas.
The Constitution Act, 1867, assigns powers to the provincial and federal governments. Matters under federal jurisdiction include criminal law, trade and commerce, banking, and immigration. The federal government also has the residual power to make laws necessary for Canada's "peace, order and good government". One of the major areas of provincial jurisdiction is property and civil rights, which includes broad powers to enact laws of a civil nature, such as property law, contract law, and family law. Provincial jurisdiction includes other matters, such as natural resources, hospitals, municipalities, and education (except education on First Nation reserves).
The legislative process in Canada involves all three parts of Parliament: the House of Commons (elected, lower Chamber), the Senate (appointed, upper Chamber), and the Monarch (Head of State, represented by the Governor General). These three parts work together to create new laws. A proposed policy is developed by the Government and presented to Cabinet for approval to draft a new bill. Once approved by the Cabinet, the bill is introduced in Parliament in the form of a public bill. Each of Parliament's three parts must approve a bill before it becomes law. Bills are first introduced in either the Senate or the House of Commons and must pass through various stages in each House: first, second, and third reading. Then it must receive Royal Assent, at which point it becomes law.
Provincial laws follow a similar practice. The Acts are pronounced in a provincial gazette, published annually, and consolidated from time to time. Each Canadian province has a similar consolidation of the statute law of the province. These statutes do not include criminal law, as criminal law in Canada is under the exclusive jurisdiction of the federal Parliament.
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Indigenous customs and traditions
Canada is a multi-juridical country with a legal landscape that is shifting to include Indigenous ways of knowing, being, and doing. Indigenous law in Canada refers to the legal traditions, customs, and practices of Indigenous peoples and groups. There are over 900 different Indigenous groups in Canada, each with its own legal traditions and none of which are codified.
Indigenous law is developed from a variety of sources and institutions which differ across legal traditions. Many laws stem from stories, songs, dances, art, kinship relationships, place names, and the structures and aims of the institutions in each society. These stories may in turn stem from writings or markings, such as geographic features, petroglyphs, pictographs, and wiigwaasabakoon. The legal precedents set millennia ago are known through these stories and derived from the actions and past responses as well as through continuous interpretation by elders and law-keepers.
Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. These proposals range from giving Aboriginal governments powers similar to that of local governments in Canada to demands that Indigenous governments be recognized as sovereign, and capable of "nation-to-nation" relationships with the Crown.
The Canadian government's recognition of the ongoing presence and inherent rights of Indigenous peoples as a defining feature of Canada is grounded in the promise of section 35 of the Constitution Act, 1982, in addition to reflecting articles 3 and 4 of the UN Declaration. Section 35's recognition of Aboriginal rights refers to an ancient source of Aboriginal rights in custom. The Constitution Act, 1982 (Section 35), also recognized Aboriginal and treaty rights, which are now widely recognized as including inherent, constitutionally protected rights to self-government.
Canada’s Act Respecting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) received Royal Assent on June 21, 2021, giving further impetus to advancing the rights of Indigenous peoples.
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The legislative process
Canada is a parliamentary democracy, a system of government that is based on laws. Each level of government—federal, provincial, and municipal—has the power to create laws to govern specific areas. For example, the federal government makes laws about food safety, cross-border travel, and environmental protection, while provincial governments can make laws about education and municipal governments can make laws about waste collection.
Canada's legislative process involves all three parts of Parliament: the House of Commons (elected, lower Chamber), the Senate (appointed, upper Chamber), and the Monarch (Head of State, represented by the Governor General). These three parts work together to create new laws.
The bill undergoes three readings in either the Senate or the House of Commons. During the first reading, the bill is printed. In the second reading, members debate and vote on the principle of the bill, and it may be referred to a committee for further study and improvement. The bill then proceeds to the third reading. After passing through the various stages in one House, the bill must pass through the same stages in the other House.
Once the bill has passed through all the required stages in both Houses, it must receive Royal Assent, which can be given by the Governor General in the Queen's name. At this point, the bill becomes law.
The approved regulations are published in the Canada Gazette, Part I, which is the official newspaper of the Government of Canada. The final regulations are then published in the Canada Gazette, Part II, and come into force on the specified date(s).
It is important to note that Canada's law-making process has been criticised for being inherently colonial and excluding the perspectives of those most affected by the changes being debated. Indigenous customs and traditions have contributed to alternative approaches to laws, such as restorative justice, and efforts are being made to give Indigenous peoples a greater role in administering justice in their communities.
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The Canada Gazette
The Gazette is published in three parts. Part I is published weekly on Saturdays and includes public notices, official appointments, and proposed regulations, as well as miscellaneous notices from the private sector that are required to be published by federal statute or by regulations. Part II is published every other Wednesday and includes regulations, statutory instruments, and statutory orders of regulation. Once the Minister or the Governor in Council reviews and approves the final regulations, they are published in Part II and come into force on the day or days set out in the regulations. Part III is published with the text of any new laws immediately after they have received Royal Assent and was first published in 1974.
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The Constitution Act, 1867
The Act also addresses the establishment of courts. While provinces have the authority to establish their own superior courts, the federal government holds the power to appoint their judges. Additionally, the federal Parliament has the right to create a court system for federal law and a general court of appeal for both federal and provincial cases.
Furthermore, the Act established English and French as the official languages of the Parliament of Canada and the Legislature of Quebec, as outlined in Section 133. This section mandates that laws at the federal level and in Quebec must be enacted in both languages, with both versions holding equal authority.
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Frequently asked questions
The first step in the process of enacting a law in Canada is to introduce a policy proposal, known as a "public bill", by the Cabinet, which is composed of the Prime Minister and other ministers.
Once the Cabinet approves the bill, it is then introduced in Parliament in the form of a bill, which provides the basis to amend or repeal existing laws or put new ones in place.
The bill must then pass through various stages in each House: first, second and third reading. Then it must receive Royal Assent.
Once the bill has received Royal Assent, it is then published in the Canada Gazette, Part II, and comes into force on the day or days set out in the regulations.
