Anaya Nolan
Canada's legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch. These three parts work together to create new laws that affect nearly every aspect of Canadians' daily lives, from driving a car to getting married. While laws help to ensure a safe and peaceful society, some argue that certain laws need to be changed or repealed. This paragraph will discuss the process of creating new laws in Canada and explore some of the existing laws that some believe should be changed.
| Characteristics | Values |
|---|---|
| Laws should be made with an understanding of how they will affect everyday life | Driving, employment, and marriage are all governed by laws |
| The Canadian legal system should respect individual rights and ensure an orderly society | Rule of law, freedom, democracy, and respect for others are foundational |
| Indigenous customs and traditions should be considered | Healing circles, community justice, and restorative justice are examples |
| Laws should be clear and specific | To reduce uncertainty and allow for proper compliance |
| Laws should be enforceable | Coming into force on a set day or days |
| Regulations should support laws and be enforceable | Developed by authorized persons or bodies, such as the Governor in Council or a Minister |
| Laws should be subject to review and approval | The Minister or Governor in Council reviews and approves final regulations |
| Laws should be accessible to the public | The Canada Gazette, an official government newspaper, publishes proposed regulations |
| Laws should be subject to public input | Canadians can provide comments on proposed regulations, which are considered and updated |
| Laws should be flexible and adaptable | Proposed legislation can amend or repeal existing laws or implement new ones |
| Laws should be created through a collaborative process | Canada's legislative process involves the House of Commons, the Senate, and the Monarch or their representative |
| Laws should provide rules of conduct | Legislation provides rules that, once approved by Parliament, become enforceable laws |
| Laws should address societal needs | Minimum wage laws, for example, can be adjusted to meet current requirements |
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What You'll Learn
Animal cruelty laws
Animal cruelty is a pressing issue in Canada, with both federal and provincial governments enforcing animal cruelty laws. While the federal government has implemented sections in the Criminal Code of Canada that address animal cruelty, some provinces have their own specific regulations and protections for farm and domestic animals.
The Criminal Code of Canada contains provisions that make it an offense to willfully cause or neglect to prevent unnecessary pain, suffering, or injury to animals. Sections 444 to 447, which fall under "Willful and Forbidden Acts in Respect of Certain Property," specifically address cruelty to animals. These sections outline penalties for actions such as killing, maiming, poisoning, or injuring cattle, dogs, birds, or other animals. Offenses under these sections can result in imprisonment or fines. Additionally, Section 264.1 makes it an offense to threaten animals.
However, animal welfare advocates have argued that these sections of the Criminal Code are outdated and insufficient for effectively protecting animals from abuse and cruelty. As a result, various organizations have lobbied and introduced bills to modernize and strengthen animal cruelty legislation in Canada.
At the provincial level, each province in Canada has laws and regulations in place to ensure animal welfare. For example, the Ontario Society for the Prevention of Cruelty to Animals Act sets basic standards of care for animals, excluding agricultural animals. The Ontario Animal Protection Call Centre handles concerns and complaints about animal distress and neglect, while the ACRB, an independent agency, resolves disputes and conducts hearings regarding animal welfare.
In Alberta, the Animal Protection Act and Animal Protection Regulation provide protections for all animals during any activity, except for accepted practices of animal management, husbandry, and slaughter. The Alberta SPCA investigates complaints and can take animals into protective custody if necessary. Similarly, in British Columbia, the Prevention of Cruelty to Animals Act establishes the British Columbia Society for the Prevention of Cruelty to Animals, which works with peace officers to enforce laws related to animal cruelty.
Other provinces, such as New Brunswick, Newfoundland and Labrador, and Nova Scotia, have their own acts and regulations to protect farm animals and domestic animals. These regulations are enforced by police officers, inspectors, and, in some cases, non-governmental agencies.
While Canada has made strides in addressing animal cruelty through federal and provincial legislation, there is a continued push for more comprehensive and modernized laws to better protect animals from abuse and neglect.
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Criminal law reform
Canada's criminal law system is a complex and multi-faceted entity, with a range of stakeholders involved in the legislative process. Any reforms to criminal law must be approved by Parliament, which comprises the House of Commons, the Senate, and the Monarch or their representative, the Governor-General.
One area of criminal law reform that has been suggested is the Controlled Drugs and Substances Act. Alan Young, a professor at Osgoode Hall Law School, argues that section 7 b(i) of this Act criminalizes "otherwise law-abiding, productive citizens". Young oversaw a group of law students in 2015 who aimed to challenge the mandatory minimum sentence in court. Reform in this area could involve a reinterpretation of the Criminal Code, which would require the Supreme Court to overturn a previous decision.
Another area of potential reform is the expansion of "public interest standing". This would allow ordinary citizens to raise animal cruelty concerns when the government will not. Currently, animals such as elephants in zoos are not entitled to constitutional protection.
The Indigenous Justice Program is another initiative that could contribute to criminal law reform in Canada. This program aims to give Indigenous peoples a greater role in administering justice in their communities, incorporating Indigenous customs and traditions such as healing and sentencing circles, community justice, and restorative justice.
Additionally, there have been calls for reforms to abortion laws in Canada, particularly in the province of New Brunswick. The Abortion Rights Coalition of Canada has demanded the repeal of a restrictive regulation that denies public funding to private clinics providing medically required services. The Coalition also wants hospitals to accept self-referrals and negotiate reciprocal billing agreements with women from other provinces seeking fully funded abortions.
Overall, criminal law reform in Canada involves a range of issues, from drug policy to animal welfare to Indigenous justice. Any reforms must go through the legislative process, which includes input from various levels of government and stakeholders, before being approved by Parliament and enacted as law.
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Indigenous legal customs
Indigenous law in Canada refers to the legal traditions, customs, and practices of Indigenous peoples and groups. It is distinct from Canadian Aboriginal law, which concerns issues related to Indigenous peoples and enforces treaties between the Crown and Indigenous peoples.
Canadian Aboriginal law is based on a variety of written and unwritten legal sources, including the Constitution Act of 1982, which recognizes Aboriginal treaty and land rights, and the Indian Act, which defines two elements that affect all Indigenous Canadians. The Indian Act was passed because the Crown relates differently to First Nations than to other ethnic groups due to their previous history on the land.
Indigenous or Aboriginal self-government refers to proposals to give governments representing Indigenous peoples greater powers. These proposals range from granting powers similar to those of local governments to recognizing Indigenous governments as sovereign, capable of "'nation-to-nation' negotiations with the Crown as legal equals.
In recent years, there has been a resurgence of Indigenous law in Canada, along with a growing demand for meaningful recognition and respect for Indigenous rights. Courts have increasingly been called upon to recognize and implement Indigenous laws within the Canadian legal system. For example, the Court in Pastion v Dene Tha’ First Nation held that the First Nation's custom leadership selection processes were a form of Indigenous law, and the Ontario Court of Appeal in Beaver v. Hill signaled its openness to considering whether a family law dispute should be resolved based on Haudenosaunee law.
However, concerns have been raised about the power imbalance perpetuated by implementing Indigenous law within the existing legal structure, as well as the lack of knowledge among non-Indigenous judges interpreting Indigenous law. Additionally, Canadian law has not demonstrated a clear process for resolving disputes between competing legal systems, as seen in the Wet’suwet'en opposition to the Coastal GasLink pipeline and the 1492 Land Back Lane conflict in Ontario.
To address these challenges, federal and provincial governments must take concrete steps to recognize and accommodate Indigenous law. This includes acknowledging the role of Indigenous law in forming the Canadian legal system and respecting the inherent rights of Indigenous peoples, as outlined in the UN Declaration on the Rights of Indigenous Peoples.
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Healthcare laws
Canada's healthcare laws are based on the Canada Health Act (CHA), which sets out the primary objective of Canadian healthcare policy as:
> "to protect, promote and restore the physical and mental well-being of residents of Canada and to facilitate reasonable access to health services without financial or other barriers."
The CHA establishes the criteria and conditions for federal financial contributions to provincial and territorial healthcare insurance programs under the Canada Health Transfer. While adherence to the CHA is voluntary for provinces and territories, they must meet these criteria to receive full federal funding. This includes providing universal coverage of all "insured health services" for all "insured persons", which includes hospital services, physician services, and surgical-dental services.
To ensure compliance with the CHA, the federal minister of health reports annually to the Parliament of Canada on how each province has administered the law in the previous fiscal year. If a province does not comply, the federal government can withhold all or part of the transfer payment.
There have been calls for amendments to the CHA to include prescription drugs dispensed outside hospitals in the definition of "insured health services". Additionally, there is a push for more transparency and accountability in the decision-making process regarding what is covered by public health insurance. Some argue that the federal government has not actively enforced the CHA's conditions, particularly regarding portability and comprehensiveness.
The CHA's single-funder model discourages the growth of a parallel private insurance sector, which could threaten the publicly funded healthcare system. However, critics argue that laws preventing the development of a private system may be struck down by courts if the public system fails to provide timely and quality care.
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Minimum wage laws
In Canada, the responsibility for enacting and enforcing labour laws, including the minimum wage, lies with the ten provinces and three territories. While the federal government has the authority to set minimum wages for employees within federal jurisdiction, such as federal public servants and workers in federally regulated industries, the provinces and territories have the primary responsibility for setting and enforcing minimum wage rates.
As of June 1, 2025, British Columbia's minimum wage will be $17.85 per hour, while the Manitoba government has announced that its provincial minimum wage will increase to $16 per hour on October 1, 2025. The Newfoundland and Labrador government has also increased its minimum wage to $16.00 per hour, effective April 1, 2025. These adjustments are typically made based on the Consumer Price Index change and other economic factors.
The process of establishing minimum wage laws in Canada involves the provincial and territorial governments proposing and approving legislation. This legislation is then presented as a bill to the respective provincial or territorial parliament, which may consist of a legislative assembly or a unicameral parliament, depending on the region. After debate and deliberation, the bill must be approved by a majority vote to become law.
It's worth noting that some provinces and territories allow for lower wages to be paid to certain categories of workers, such as liquor servers, other gratuity earners, or inexperienced employees. Additionally, the federal government sets the minimum wage for federally regulated industries, which was reestablished on December 29, 2021.
The minimum wage laws in Canada aim to ensure that workers receive a fair and livable income for their labour. These laws are subject to periodic review and adjustment to keep pace with economic changes and the cost of living. By setting a minimum wage, Canada seeks to protect the rights and well-being of its workers, particularly those in low-wage jobs, and to promote a more equitable society.
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Frequently asked questions
To become law, legislation must be approved by Parliament. Proposed legislation is 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. Canada’s legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (Head of State, who is represented by the Governor General in Canada).
The Canada Gazette is the official newspaper of the Government of Canada. It contains information such as formal public notices, official appointments, and proposed regulations. It is a consultative tool, providing Canadians with the opportunity to comment on the proposed regulations.
Laws govern many aspects of everyday life, including driving a car, getting a job, and getting married. They help ensure a safe and peaceful society, respecting individual rights and maintaining order.
One example is Section 7 b(i) of the Controlled Drugs and Substances Act, which has been criticised for criminalising "otherwise law-abiding, productive citizens." Another is the restriction on public funding for private clinics providing medically required services, which has been criticised by the Abortion Rights Coalition of Canada as being restrictive and denying access to necessary services. Other controversial issues include animal cruelty laws, mining laws, and interpretation of the Investment Canada Act. Additionally, changes to minimum wage laws can also be a source of debate.
