Who Drafts Canadian Laws?

Canada's legal system is pluralistic, with roots in English common law, French civil law, and Indigenous law. Its legislative process involves three branches of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General). Together, they propose, review, and pass bills, which become laws with Royal Assent from the Governor General. The Cabinet, led by the Prime Minister, develops policies and introduces bills. The legislative process also includes the Privy Council Office, which supports the Leader of the Government in the House of Commons and the Special Committee of Council. Proposed bills are published in the Canada Gazette for public consultation before becoming law. Canada's judiciary, led by the Supreme Court, interprets laws and ensures they align with the Constitution, which is the supreme law of the land.

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The role of the Canadian government

Canada's legal system is pluralistic, with foundations in the English common law system, the French civil law system, and Indigenous law systems. The Constitution of Canada is the country's supreme law, guaranteeing basic rights and freedoms. The Constitution Act of 1867 affirmed governance based on parliamentary precedent and divided powers between federal and provincial governments.

The Canadian government has three branches: the legislative, the executive, and the judicial. The legislative branch, also known as Parliament, is responsible for making laws. It includes the Monarch (represented by the Governor General), the Senate, and the House of Commons. Members of the Senate and the House of Commons propose, review, and pass bills, which then become laws with Royal Assent from the Governor General. The executive branch, led by the Prime Minister, implements the laws. The Prime Minister guides policy development and selects Cabinet members, who introduce bills to transform policies into law. The judicial branch, including the Supreme Court of Canada, interprets the laws and has the power to strike down Acts of Parliament that violate the Constitution.

The process of creating a new law begins with the development of a proposed policy by the Government. This policy is then presented to the Cabinet for approval to draft a new bill. A Memorandum to Cabinet (MC) is prepared, providing a framework for drafting the bill. Once the bill is ready, it is introduced in Parliament, where it undergoes three readings in the Senate or the House of Commons. During the second reading, members debate and vote on the bill, and it may be referred to a committee for further study and amendments. After the third reading, the bill is sent to the other House for consideration. Once the bill has passed through both Houses in identical form, it goes to the Governor General for Royal Assent and becomes Canadian law.

The Canadian government also plays a role in enforcing laws and regulations. For example, the Canadian Radio-television and Telecommunications Commission (CRTC) is a federal institution that regulates and supervises broadcasting and telecommunications in the public interest. Additionally, law enforcement, including criminal courts, is a provincial responsibility carried out by provincial and municipal police forces.

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The House of Commons

Canada's Parliament consists of the Crown, the Senate, and the House of Commons. The House of Commons is the lower chamber of Parliament, and it is made up of elected members. The Senate is the upper chamber, and its members are appointed.

The second reading of the bill allows for debate on its general scope and principle. Once adopted, the bill is referred to a committee for further scrutiny and potential modification. The committee can summon witnesses and experts to gather information and improve the bill. After the committee stage, the bill returns to the House, where amendments are considered and voted on. The bill then undergoes a third reading and is sent to the Senate for consideration.

For a bill to become law, it must be approved in identical form by both the House of Commons and the Senate and receive Royal Assent from the Crown, represented by the Governor General. The Governor General may assent, withhold assent, or reserve assent. When a bill receives Royal Assent, it becomes law and takes effect immediately or on a specified date.

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The Senate

Canada’s Parliament consists of three elements: the Monarch or the King, the House of Commons, and the Senate. The Senate is the upper chamber of Parliament and is constituted by 105 appointed senators. Senators are appointed by the Governor General, on the advice of the Prime Minister, to represent one of the provinces or territories in Canada. They hold their seat until they reach the mandatory retirement age of 75 or until they choose to step down; they are not required to run in an election. Senators often choose not to be affiliated with a political party and, instead, sit as independents or join a parliamentary group.

In addition to studying legislation, Senate committees study issues of public concern, such as mental health, aging, mass media, and gender equality. Senators have specialized knowledge and experience in many fields, which helps them with their investigations. They hear from stakeholders, experts, government officials, and other interested parties. These investigations produce reports with observations and recommendations that can lead to changes in federal laws or policies.

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The Monarch and the Governor General

The Canadian 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 Governor General is appointed by the Monarch, on the recommendation of the Canadian Prime Minister. The Governor General's role is largely ceremonial, and they carry out most of the monarch's duties in Canada.

The Governor General has extensive powers, including the power to appoint senators and superior court judges, as well as the ability to grant and withhold royal assent to bills. Royal assent is required for a bill to become a law. However, in reality, the Governor General's role in exercising these powers is largely symbolic, and the power has never been used to withhold royal assent. This is because withholding royal assent would violate constitutional convention.

The Governor General also performs other constitutional and ceremonial duties, such as hosting members of Canada's royal family and foreign dignitaries, and representing the King and country abroad on state visits. The viceregal household aids the governor general in executing these duties.

The Monarch, as Head of State, remains a fundamental part of Canada's system of government and sense of identity. The role of the Monarch is to unite Canadians and give a collective sense of belonging to the country. The Monarch is part of the Parliament of Canada and is the only member of the royal family with a constitutional role.

The process of creating new laws in Canada involves the development of proposed policies by the Government, which are then presented to Cabinet for approval to draft a new bill. The Leader of the Government in the House of Commons is responsible for the Government's legislative program. Once a bill has been approved by both Chambers of Parliament, it goes to the Governor General for Royal Assent and then becomes Canadian law.

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How a bill becomes a law

In Canada's constitutional monarchy, bills require the assent of the Monarch to become a law. This assent is granted by the Governor General, who may assent to a Bill in the Queen's name, withhold assent or reserve assent. The process by which a bill becomes a law in Canada is as follows:

First reading

A bill (proposed law) is introduced in either the Senate or the House of Commons by a parliamentarian. Bills can come from the government or from parliamentarians not part of the government. The bill is then printed in its first reading form, often with explanatory notes. The main principle and purpose of the bill are debated. If passed, the bill is then referred to a committee for further study. In some instances, a bill may be referred to the committee before the second reading.

Committee

The committee studies the bill clause by clause and may make amendments. The committee can also summon witnesses and experts to provide information and help improve the bill. The committee then presents its report, which may recommend that the bill be accepted in its first reading state, with amendments, or that it not be proceeded with further.

Second reading

The bill is printed again and members debate and vote on it. During the report stage debate, members can propose further amendments to the bill.

Third reading

The bill is debated and voted on as amended. If it passes this stage, it is sent to the other Chamber, where it goes through the same process.

Royal Assent

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. Royal Assent may be granted by a nod of the head in a traditional Royal Assent ceremony in the Senate Chamber or by the Governor General signing the bill. Once the bill receives Royal Assent, it officially becomes a law.

It is important to note that not all bills become law. A bill may "die on the order paper" if it does not pass through all of the stages during a session of Parliament. However, a bill that has died on the order paper can be reintroduced as a new bill in the next session of Parliament.

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