Gavin Howe
Canada's legal system is based on the rule of law, freedom under the law, democratic principles, and respect for others. It is important for Canadian political leaders to regularly review and update laws to ensure they are effective. Canada's parliamentary system has two main avenues for introducing a law: through a public bill or a private member's bill. A public bill is a policy proposal created by the Cabinet, which is then introduced to either the House of Commons or the Senate. A private member's bill is introduced by an MP who is not a member of the Cabinet or a parliamentary secretary. Once a bill is passed by both chambers, it receives royal assent, where the Governor General, as the representative of the Crown, signs off on the bill, officially turning it into law.
| Characteristics | Values |
|---|---|
| How laws are introduced | There are two main avenues to introduce a law in Canada's parliamentary system. The Cabinet, which is composed of the Prime Minister and other ministers, and assisted by parliamentary secretaries, create a policy proposal, known as a "public bill". The other avenue is for an MP who is not a member of the Cabinet or a parliamentary secretary to introduce a bill to the House of Commons, known as a "private member's bill". |
| Who can propose a law | The Cabinet, an MP who is not a member of the Cabinet or a parliamentary secretary, or the Monarch (Head of State, who is represented by the Governor General in Canada) |
| How laws are passed | A bill must go through several stages before becoming a law. It is first introduced in the House of Commons or the Senate, then debated, and voted on. If it passes the second reading, it is sent to a Parliamentary Committee, which studies it in-depth, holds public hearings, and may make changes. The bill is then reported back to the Chamber, where Parliamentarians can make amendments. Once passed by both chambers, it receives Royal Assent, where the Governor General signs off on the bill, and it officially becomes a law. |
| How laws are amended or repealed | Proposed legislation in the form of a bill provides the basis to amend or repeal existing laws or put new ones in place. |
| How laws are reviewed and updated | Political leaders review and update laws to ensure they deliver on their intended outcomes. |
| How laws are communicated | Proposed regulations are published in the Canada Gazette, the official newspaper of the Government of Canada. |
| Informal methods of settling disputes | Alternative dispute resolution, landlord-tenant disputes, and Aboriginal customs and traditions such as healing and sentencing circles, community justice, and restorative justice. |
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What You'll Learn
The role of the Cabinet, Prime Minister, and other ministers
Canada's system of government has three branches: the legislative, the executive, and the judicial. The legislative branch passes laws, the executive implements them, and the judicial interprets them.
The Cabinet, composed of the Prime Minister and other ministers, creates a policy proposal known as a "public bill". The Cabinet acts as an executive council that develops policies to govern the country and introduces bills to transform these policies into law. Once the Cabinet approves a bill, the Department of Justice drafts it in collaboration with a government department's or agency's policy development and legal services teams. The bill is then introduced in either the House of Commons or the Senate. The Prime Minister selects a number of confidential advisers, usually from among the elected members of Parliament, who are made members of the Privy Council and then sworn in as ministers. Collectively, they are known as the Cabinet, and each minister is responsible for an individual portfolio or department.
The Prime Minister is the Head of Government and plays many roles, including political party leader, Cabinet leader, and Member of Parliament (MP). The Prime Minister determines the government's agenda, guides policy development, and selects members of the Cabinet. The Prime Minister and the Cabinet can only exercise authority with the consent and approval of the majority of the members of the House of Commons. This provision is referred to as the confidence convention. If the government loses the House of Commons' confidence, the Prime Minister is expected to resign or seek the dissolution of Parliament so that a general election can be held.
The other avenue for introducing new legislation is for an MP who is not a member of the Cabinet or a parliamentary secretary to introduce a bill to the House of Commons. This is known as a private member's bill. Any MP who does not hold ministerial responsibilities can propose a new law through a private member's bill. If selected for debate, this bill can eventually become law.
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The House of Commons and the Senate
Canada is a constitutional monarchy and a parliamentary democracy, with a federal institution called Parliament that has the power to make laws. This Parliament consists of the Crown, the Senate, and the House of Commons.
The House of Commons is an important part of the legislative branch of Canada's government. It brings together elected representatives from across the country. Most bills are first introduced in the House of Commons, but they may also be introduced in the Senate first. Bills involving taxation or public funds must originate in the House of Commons and receive government approval. Once introduced, a bill is subjected to a detailed process of review, debate, examination, and amendment through both Houses before it is ready to receive final approval. The House of Commons also considers items of Private Members' Business, that is, bills and motions proposed by members who are not cabinet ministers.
The Senate is the upper chamber of Canada's bicameral Parliament. Senators, like members of the House of Commons, typically belong to a political party. The Senate reviews the bill, following a similar process to that of the House of Commons. The Senate may amend, delay, or refuse to pass bills, although traditionally the Senate passes most bills. Any amendments made by the Senate, however, must be agreed to by the House of Commons, or the bill does not become law.
To become law, a bill must be approved in identical form by both houses of Parliament – the Senate and the House of Commons. After a bill is passed by both the Senate and the House of Commons, the Governor General grants Royal Assent and the bill becomes a law.
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The Monarch and the Governor General
Canada is a constitutional monarchy, with the monarch acting as the head of state. The monarch's powers are defined by the Constitution and constitutional conventions, and they are carried out by the Governor General, who is the monarch's representative in Canada. The current monarch is King Charles III, who also serves as the King of Canada, sharing the position with several other Commonwealth realms, including Australia, New Zealand, and the United Kingdom.
The Governor General is appointed by the monarch on the advice of the Canadian Prime Minister. While the Constitution does not specify a fixed term for the position, a new Governor General is typically appointed every five years. The Governor General has broad responsibilities, including constitutional duties, presentation of honours, military duties, and ceremonies. They play a crucial role in the legislative process, granting Royal Assent, which is the final step in turning a bill into law. The Governor General has three options: granting Royal Assent, withholding it, or reserving the bill for the monarch's pleasure.
Historically, between 1867 and 1931, governors general were appointed by the monarch based on the advice of the British Cabinet or the secretary of state for the colonies. However, the Balfour Declaration of 1926 marked a shift, recognizing the governor general as a direct representative of the Crown rather than the British government. The passage of the Statute of Westminster in 1931 further solidified the independence of the Canadian monarchy, and the governor general took on additional responsibilities, such as acting as commander-in-chief of the Canadian militia.
The Governor General exercises most of the monarch's powers, including the royal prerogative, as outlined in the Constitution Act of 1867 and various letters patent. However, the office itself does not possess any independent powers of the royal prerogative and only exercises the Crown's powers with its permission. The Governor General also plays a ceremonial role, hosting visiting heads of state and promoting Canada on the international stage.
In summary, while the monarch is the head of state in Canada, the Governor General serves as their representative and carries out many of the monarch's powers and responsibilities, particularly in the legislative process and ceremonial duties. The dynamic between the monarch and the Governor General is a key aspect of Canada's constitutional monarchy.
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The process of drafting and introducing a bill
Canada's legislative process involves three parts of Parliament: the House of Commons, the Senate, and the Monarch. The process of drafting and introducing a bill typically begins with the development of a proposed policy by the Government. This proposal is then presented to the Cabinet for approval to draft a new bill. The Cabinet is composed of the Prime Minister and other ministers and is assisted by parliamentary secretaries. Once the Cabinet approves the proposal, the Department of Justice drafts the bill in collaboration with the relevant government department's or agency's policy development and legal services teams.
There are two main avenues to introduce a bill: through the Cabinet or by an MP who is not a member of the Cabinet or a parliamentary secretary. In the former case, the bill is introduced as a public bill, while in the latter, it is known as a private member's bill. A public bill deals with matters of national interest, while a private bill grants special powers, benefits, or exemptions to individuals or corporations. The introduction of any public bill requires 48 hours' written notice, during which it appears on the Notice Paper. The following day, the title of the bill appears in the Order Paper, and it is ready for introduction in the House of Commons or the Senate.
Once introduced, the bill undergoes a second reading, where Parliamentarians debate its principle and scope. If the bill passes this stage, it is sent to a Parliamentary Committee, which studies it in-depth, holds public hearings, and may make changes. During the committee stage, witnesses may be invited to present their views and answer questions. Once the committee has completed its study, it reports the bill back to the Chamber. At this stage, known as the report stage, Parliamentarians can propose amendments to the bill.
If the Senate makes amendments to the bill, it sends the proposed changes to the House of Commons. If the House disagrees with the Senate's amendments, it can adopt a motion stating its reasons for disagreement. The Senate may then choose to accept or reject the House's decision. If an agreement cannot be reached, a conference may be held, although this practice is rarely used.
After the bill has been through both the House of Commons and the Senate, it requires Royal Assent to become law. The Governor General, as the representative of the Crown, signs off on the bill, officially turning it into legislation. This ceremony brings together the three constituent parts of Parliament: the Crown, the Senate, and the House of Commons. Once Royal Assent is granted, the bill becomes law and comes into force on the date specified, either the date of Royal Assent or a later date provided within the act or by the Governor in Council.
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The impact of Indigenous customs and traditions
Canada's legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch. Proposed policies are developed by the Government and presented to the Cabinet for approval to draft a new bill. The bill is then introduced in either the House of Commons or the Senate, where it is debated and voted on. If the bill passes, it is sent to a Parliamentary Committee, which studies it in-depth and may make changes. Finally, the bill is reported back to the Chamber, where it can be amended further before being passed into law.
Indigenous customs and traditions have had an impact on Canada's legal system, particularly in the area of restorative justice. Indigenous legal traditions were important organizing forces that shaped behaviour, guided relationships, and addressed conflicts in Indigenous societies before the imposition of Western law. These traditions emphasized the idea of law being interconnected and flexible, adapting to changing circumstances. Kinship was a crucial feature, creating legal obligations and responsibilities towards family, clan, and the larger nation.
Indigenous communities created laws to prevent or minimize conflicts and address them through sanctions motivated by healing, reconciliation, and reintegration rather than punishment. Elders and respected leaders played a role in judging and enforcing the law, but there was no centralized enforcement agency.
Canada has recognized the inherent rights of Indigenous peoples, including their political, economic, and social structures, cultures, spiritual traditions, histories, laws, and philosophies. The Government of Canada acknowledges the need to rebuild Indigenous nations, uphold their rights, and ensure non-discrimination, equality, and justice. The Indigenous Justice Program aims to give Indigenous peoples a greater role in administering justice in their communities.
Overall, Indigenous customs and traditions have contributed to alternative approaches to justice in Canada, such as healing and sentencing circles, community justice, and restorative justice. These traditions emphasize the interconnectedness of law and the importance of healing and reconciliation.
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Frequently asked questions
The first step in the process of changing a law in Canada is the creation of a policy proposal, known as a "public bill".
The Cabinet, which is composed of the Prime Minister and other ministers, and assisted by parliamentary secretaries, creates a public bill.
Once the Cabinet signs off on a bill, it is then introduced to either the House of Commons or the Senate.
A bill must go through several stages before becoming a law. After being introduced in the House of Commons or the Senate, it is debated, and if it passes the second reading, it is sent to a Parliamentary Committee for in-depth study and public hearings. The committee can make changes to the bill before reporting it back to the chamber. During the report stage, parliamentarians can also make amendments to the bill. Once the bill is passed by both chambers, it receives Royal Assent, where the Governor General, as the representative of the Crown in Canada, signs off on the bill, officially turning it into law.
Yes, any MP who does not hold ministerial responsibilities can propose a new law by introducing a private member's bill to the House of Commons.
