Cecily Zamora
Canada is a parliamentary democracy, meaning its system of government is based on laws. These laws are created through a colonial parliamentary process involving three parts: the House of Commons, the Senate, and the Monarch. To create a new law, the government introduces a bill that must pass through multiple stages in both the House of Commons and the Senate. Once a bill passes the third reading stage in the first House, it moves to the second House, where it undergoes the same stages. If a bill passes in both Houses, it receives Royal Assent and becomes law.
| Characteristics | Values |
|---|---|
| Type of legal system | Common law (except Quebec, which is a civil law jurisdiction) |
| Legal heritage | Rule of law, freedom under the law, democratic principles, respect for others, and Indigenous customs and traditions |
| Highest law | The Constitution |
| Highest court | The Supreme Court of Canada |
| Legislative process | All three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General) |
| Bill introduction | In either the House of Commons or the Senate |
| Bill readings | First, second, and third reading |
| Bill approval | Royal Assent by the Governor General or the Queen |
| Federal law areas | Environment, carbon emission targets, food and drink safety, travel, unemployment support, etc. |
| Provincial law areas | Education, waste collection, etc. |
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What You'll Learn
The role of the House of Commons, Senate and Monarch
Canada's legislative process involves three parts of Parliament: the House of Commons, the Senate, and the Monarch. The House of Commons is the elected lower chamber of Parliament, while the Senate is the appointed upper chamber. The Monarch, represented by the Governor General, is the Head of State.
The House of Commons and the Senate play a crucial role in passing bills, which are proposed laws. A bill must be introduced and approved in both chambers to become law. The House of Commons and the Senate debate the principle of the bill and vote on whether it should advance to the next stage. If a bill passes the second reading, it is referred to a parliamentary committee for in-depth study and public hearings. The committee can make amendments to the bill and report its recommendations back to the chamber. During the report stage, parliamentarians can propose further amendments before the final vote.
While the House of Commons and the Senate have similar roles in the legislative process, there are some differences. The House of Commons is the primary chamber for introducing public bills sponsored by government ministers. It is also the avenue for introducing private member's bills, which are proposed by MPs who are not members of the Cabinet or parliamentary secretaries. The Senate, on the other hand, has the power to amend, delay, or refuse to pass bills. However, traditionally, the Senate passes most bills.
The Monarch, represented by the Governor General, has the authority to provide Royal Assent, which is required for a bill to become law. The Governor General may assent to a bill in the Queen's name, withhold assent, or reserve assent. Royal Assent is typically given in a formal ceremony in the Senate before an assembly of both houses or by written declaration.
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How a bill becomes a law
Canada is a parliamentary democracy, a system of government that is based on laws. The process of lawmaking in Canada involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (Head of State, represented by the Governor General).
A bill is a proposed law that is introduced in either the House of Commons or the Senate. It is text on a legislative initiative that the Government submits to Parliament to be approved and possibly amended before becoming law. A bill must pass through various stages in each House: first, second, and third reading. Then it must receive Royal Assent to become law.
The process begins with the development of a proposed policy by the Government, which is then presented to Cabinet for approval to draft a new bill. The Department of Justice drafts the bill in collaboration with the relevant government department or agency's policy development and legal services teams. The draft bill is prepared in two official languages and approved by the responsible Minister before being presented to Cabinet for approval. If approved, the bill is introduced in Parliament.
During the first reading, the bill is printed, and its main principle and purpose are debated. If it passes, the bill is referred to a committee for further study and public hearings to hear views. The committee may make amendments to the bill and present its report.
During the second reading, the bill is debated again, and members vote on whether it should be studied further. If it passes this stage, it goes back to the committee stage, where the committee may make additional amendments.
After the committee stage, the bill is reported back to the Chamber, where Parliamentarians can also make amendments during the report stage.
Once the bill has passed the third reading stage in the first House, it goes to the second House (the Senate or the House of Commons, whichever it was not introduced in initially), where it must pass through the same stages. Any amendments made by the second House must be agreed to by the first House for the bill to become law.
Finally, the bill receives Royal Assent, which can be given in two ways: by the Governor General or their deputy in a formal ceremony before an assembly of both Houses, or by written declaration. When a bill receives Royal Assent, it becomes law and is given a chapter number for the Statutes of Canada.
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The role of the judiciary
Canada's judiciary plays a crucial role in interpreting laws and ensuring that any Acts of Parliament are consistent with the constitution. The judiciary has the power to strike down Acts of Parliament that are deemed to violate the constitution. The Supreme Court of Canada is the highest court and the final arbiter of any disputes. The court is led by the Chief Justice of Canada, Richard Wagner, who has held the position since 2017. The nine members of the Supreme Court are appointed by the governor-general, advised by the prime minister and minister of justice.
The federal Cabinet also appoints justices to superior courts in the provincial and territorial jurisdictions. All judges at the superior and appellate levels are appointed after consultation with non-governmental legal bodies. Common law prevails across Canada, except in Quebec, where civil law is the norm. Criminal law is a federal responsibility and is uniform throughout the country. Law enforcement, including criminal courts, is a provincial responsibility, carried out by provincial and municipal police forces.
The provinces are responsible for the administration of justice, including criminal trials, and they also have the power to create quasi-criminal or regulatory offences. Each province has its own evidence statute, governing the law of evidence in civil proceedings. The Canada Evidence Act, passed in 1893, regulates the rules of evidence in federal court proceedings.
Canada's legal system has been influenced by its historical connection to the United Kingdom. Decisions made by the House of Lords before 1867 are technically still binding unless overturned by the Supreme Court. Similarly, Canada is bound by the decisions of the Privy Council before 1949, when appeals to that entity were abolished. However, in practice, Canadian courts have not declared themselves bound by English court decisions for decades.
Indigenous customs and traditions have also contributed to alternative approaches to justice, such as restorative justice and sentencing circles. The Indigenous Justice Program aims to give Indigenous peoples a greater role in administering justice in their communities.
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Provincial and municipal laws
Canada's legal system is based on a hierarchy, with federal law at the top, followed by provincial/territorial law, and finally, municipal law. While federal laws are created by Parliament, provincial laws are created by provincial legislatures, and municipal laws are created by municipal councils.
The process of creating provincial laws begins with a bill introduced in the provincial legislature by a Member of the Legislative Assembly (MLA). The bill undergoes several readings, during which it is debated and may be amended. After passing through these stages, it receives royal assent, becoming law.
Provincial legislatures have the power to create laws on matters under their jurisdiction, as outlined in the constitution. These matters include areas like education, healthcare, and provincial natural resources. For example, each province can decide on the management of its natural resources, such as hydroelectric power in Manitoba or oil and gas in Alberta.
Municipal laws, also known as bylaws, are created by municipal governments, which include cities, towns, and counties. These laws address issues specific to the local community and are meant to complement federal and provincial laws. Municipal councils are responsible for creating bylaws, which can cover areas like noise control, animal control, business licensing, and zoning.
The process of creating a bylaw often involves public consultation and input from stakeholders. The bylaw will then be drafted and reviewed by the municipal administration and legal team before being presented to the council for debate and voting. Once passed, the bylaw comes into effect and is enforced by municipal officials, with penalties for violations.
Both provincial and municipal laws play a crucial role in governing specific aspects of Canadian society, ensuring that the unique needs of each province and municipality are addressed effectively.
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Indigenous customs and traditions
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 distinct legal traditions. These include the Cree, Blackfoot, Mi'kmaq, First Nations, Inuit, and Métis peoples, who apply their own legal traditions in their daily lives, including in areas such as contract law, ecological management, criminal proceedings, and family law.
Indigenous law is developed from a variety of sources and institutions, including stories, writings, markings, geographic features, and oral traditions. A common source across most Indigenous legal traditions is an Indigenous society's creation story, which holds historical knowledge about the land and prescribes teachings and values. These stories are often passed down through generations by elders and law-keepers, who interpret and apply the laws within their communities.
Kinship is a crucial feature of Indigenous legal traditions, creating a series of legal obligations and responsibilities towards family, clan, and the larger nation. Indigenous legal systems emphasize personal and community balance and view the law as interconnected and intertwined, rather than compartmentalizing it into distinct areas as is done in Western legal systems. Elders play a vital role in mediation, advice, and judgment within these legal structures, and ceremonies hold a core institutional role.
In recent years, there has been a resurgence of Indigenous law in Canada, with growing demands for recognition and respect for Indigenous rights within the Canadian legal system. Courts, judges, lawyers, and governments are increasingly considering and applying Indigenous legal traditions, practices, customs, and beliefs in various areas of law, including Aboriginal title and rights, treaty interpretation, self-government, and family law. This shift reflects a move towards reconciliation and decolonization, acknowledging the inherent rights and self-governance of Indigenous nations.
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Frequently asked questions
The first step in the process of making a law in Canada is the introduction of a bill. A bill is a legislative initiative that the Government submits to Parliament for approval.
The House of Commons is the lower chamber of Parliament and is comprised of MPs, each of whom represents one of the 338 ridings across Canada. Bills involving taxation or public funds must originate in the House of Commons.
The Senate is the upper chamber of Parliament and is made up of 105 Senators who are appointed by the Governor General on the advice of the Prime Minister. The Senate reviews the bill following a process similar to that of the House of Commons.
The Governor General represents the head of state and grants Royal Assent to a bill, which is when it officially becomes a law.
A public bill deals with matters of national interest, while a private bill grants special powers, benefits, or exemptions to a person or group of persons, including corporations.
