Cameron Miranda
Canada's legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General). Ideas for new laws often come from outside of Parliament, with Canadians indicating what they want to change through petitions, meetings, and sharing their perspectives. These ideas are then brought into Parliament by parliamentarians, who write them down in the form of bills (proposed laws). For a bill to become a law, it must be approved in identical form by both houses of Parliament, before going to the Governor General for Royal Assent. The Governor General may assent to, withhold assent, or reserve assent. The judiciary, including the Supreme Court of Canada, plays an important role in interpreting laws and can strike down Acts of Parliament that violate the constitution.
| Characteristics | Values |
|---|---|
| Legislative framework | Constitution and other basic laws |
| Legislative planning and management | Legislative initiatives, policy proposals, and legislative planning |
| Legislative process | Legislative planning, review, debate, examination, amendment, approval, and post-enactment review |
| Legislative bodies | Parliament, consisting of the Senate and the House of Commons |
| Law-making authority | Parliament, with the Senate and House of Commons working together |
| Law-making activities | Legislative planning, review, debate, examination, amendment, and approval |
| Law-making officials | The Prime Minister, Cabinet Ministers, and the Governor General |
| Law-making requirements | Royal Assent by the Governor General, acting on the advice of the Prime Minister |
| Law-making language | English and French, with both versions being equally authentic |
| Law-making publication | Canada Gazette, the official newspaper of the Government of Canada |
| Law interpretation and application | The judiciary, including the Supreme Court of Canada |
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What You'll Learn
The role of the judiciary
Canada's judiciary plays a crucial role in interpreting laws and ensuring their alignment with the country's Constitution. The judiciary, represented by the courts, is an independent branch of the government, separate from the legislative and executive powers. It is responsible for resolving conflicts and disputes related to laws, maintaining impartiality, and safeguarding the quality of justice in the country.
The judiciary's primary function is to interpret and apply the laws of Canada. Judges, as impartial arbiters, interpret the intent and application of written statutes passed by Parliament and provincial legislatures. They also develop and apply common law, which prevails across Canada except in Quebec, where civil law is predominant. The judiciary's role extends to both criminal prosecutions and civil lawsuits, and they help shape the social fabric governing daily life.
The Supreme Court of Canada, established by Parliament, is the highest court and final arbiter in the country. It is led by the Chief Justice of Canada, and its members 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 provincial and territorial jurisdictions. The Federal Court of Appeal reviews decisions made by the Federal Court and the Tax Court, and it is the highest court for about 95% of cases.
The judiciary also includes courts established by both provincial and federal levels of government, each with defined missions. Provincial courts handle most criminal offences, money matters, and family matters. They apply common-law principles in nine provinces and territories, while Quebec's courts follow the Quebec Civil Code. The judiciary's independence is essential for maintaining the quality of justice, and judges are appointed, removed, and compensated by the other branches of government.
The Constitution Act, 1867, plays a pivotal role in shaping the judiciary's function. It grants the federal government exclusive power over criminal law and procedure, while the provinces hold exclusive power over the administration of justice in their respective jurisdictions. The federal government appoints judges to the Supreme Court, Federal Court, Federal Court of Appeal, and the Tax Court. Additionally, the Act ensures that federal laws are enacted in both official languages, with both versions being equally authentic and clear in their intended meaning.
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The Constitution Act, 1867
The Act 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 the power to enact laws of a civil nature, such as property law, contract law, and family law.
The anniversary of the act's entry into force and the creation of the Dominion of Canada on 1 July 1867 is observed annually as Canada Day. The Constitution Act, 1867, along with the Constitution Act, 1982, forms the supreme law of Canada, and any law passed by any federal, provincial, or territorial government that is inconsistent with the constitution is invalid.
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The legislative process
Canada's legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General). Ideas for new laws often begin outside of Parliament, with Canadians indicating what they want to change through petitions, meetings, and sharing their perspectives. Political parties include these ideas in their election platforms, and parliamentarians bring them into Parliament by writing them down in the form of bills (proposed laws).
Bills can be introduced in either the Senate or the House of Commons by a parliamentarian (a senator or a member of Parliament) and can originate from the government or parliamentarians not part of the government. Bills are first debated, and a vote is held to decide whether they should be studied further. If the bill passes the vote, it is sent to a committee, which studies it in depth and may suggest changes. The committee stage involves a smaller group of parliamentarians, who hold hearings where interested individuals and representatives from organizations can comment on the bill. The committee can also invite government officials and experts to answer questions. Once the committee stage is complete, the bill is returned to the chamber where it was introduced for a final debate and vote, including any changes proposed by the committee. Parliamentarians can suggest additional changes at this time, and these amendments may be debated and voted on.
Once the bill has been passed by one chamber, it goes through the same process in the other chamber. If the bill is a money bill, it must originate in the House of Commons, according to the Constitution Act, 1867. Once the bill has been passed by both chambers in identical form, it goes to the Governor General for Royal Assent and becomes Canadian law. The Governor General may assent to the bill in the Queen's name, withhold assent, or reserve assent. The assent of the Crown is always the last stage of the law-making process.
The approved draft regulations are published in the Canada Gazette, the official newspaper of the Government of Canada. The Canada Gazette contains information such as formal public notices, official appointments, and proposed regulations, and provides Canadians with the opportunity to comment on the proposed regulations. The Minister or the Governor in Council, on Treasury Board's advice, reviews and approves the making of the final regulations. The regulations are made once the Minister signs the regulations' covering order or once the Governor General signs the regulations' Order in Council.
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Royal Assent
The legislative process in Canada requires the participation and approval of the three components of Parliament: the Crown, the Senate, and the House of Commons. Royal Assent is a ceremony that brings together all three constituent parts of Parliament. The ceremony is based on British tradition and is still regularly used in Canada, long after it was discontinued in the United Kingdom and other Commonwealth realms.
Since 2002, Royal Assent can also be granted by written declaration, as provided for in the Royal Assent Act. This involves the Clerk of the Parliaments meeting with the Governor General to present the bills with a letter indicating that they have been passed by both Houses and requesting assent. At the government's request, a representative from the Privy Council Office may be present for the signing of the written declaration, as may a House officer.
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Indigenous legal traditions
Canada was founded on the original territories of over 900 different Indigenous groups, each with its own distinct Indigenous legal traditions. Cree, Blackfoot, Mi'kmaq, and numerous other First Nations, Inuit, and Métis continue to apply their own legal traditions in daily life, including in the creation of contracts, ecological management, criminal proceedings, and family law.
Indigenous communities created laws to prevent or minimize conflicts that arise when people live together, addressing conflict and pain with sanctions that were motivated by healing, reconciliation, and reintegration rather than solely punishment. Unlike the Canadian legal system, Indigenous legal traditions did not compartmentalize different sections of law and did not have a centralized enforcement agency. Instead, law enforcement was decentralized and handled within kinship networks, with Elders and other respected leaders playing a role in judging the truth of an incident.
The distinction between Aboriginal law and Indigenous law is important to recognize. Aboriginal law refers to the laws of the Canadian state concerning Indigenous peoples, while Indigenous law describes the laws and legal traditions of Indigenous peoples themselves. The Constitution Act of 1982 (Section 35) recognized Aboriginal and treaty rights, which are now widely recognized as including inherent, constitutionally protected rights to self-government.
The appointment of Michelle O'Bonsawin, an Abenaki member of northern Ontario's Odanak First Nation, as the first Indigenous justice on the Supreme Court of Canada in 2022, is a significant step toward recognizing and safeguarding Indigenous legal systems within the Canadian legal framework.
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Frequently asked questions
Canada's constitution is the supreme law of the country. It consists of written text and unwritten conventions. The Constitution Act, 1867 affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments.
Parliament is Canada’s legislature, the federal institution with the power to make laws, raise taxes, and authorize government spending. It has two chambers: the Senate and the House of Commons. For a bill to become law, it must be approved in identical form by both houses of Parliament and receive Royal Assent from the Governor General.
The judiciary interprets laws and can strike down Acts of Parliament that violate the constitution. The Supreme Court of Canada is the highest court and final arbiter. Its nine members are appointed by the governor general on the advice of the prime minister and minister of justice.
