Chapter 4: System of Government

Federal State

Canada is a federal state, which means it has multiple levels of government, each with its own set of responsibilities. The Constitution Act of 1867 outlines the division of powers between the federal, provincial, territorial, and municipal governments. This structure allows for a balance of power, ensuring that decisions are made at the appropriate level. The federal government is responsible for national and international matters, while the provinces and territories handle local issues.

Parliamentary Democracy

In Canada's parliamentary democracy, citizens elect representatives to the House of Commons at the federal level and to the legislative assemblies at the provincial and territorial levels. These representatives are tasked with creating laws, approving budgets, and holding the government accountable. The system is designed to ensure that the government reflects the will of the people and operates transparently.

Constitutional Monarchy

Canada is also a constitutional monarchy, meaning that while it has a monarch (the Queen or King), their powers are limited by the constitution. The Canadian Parliament consists of three parts: the Sovereign, the Senate, and the House of Commons. The Sovereign serves as a ceremonial figurehead, while the real political power is exercised by elected representatives and appointed officials.

Responsibilities of Governments

Federal Government

The federal government is responsible for matters that affect the entire country. This includes defence, foreign policy, interprovincial trade and communications, currency, navigation, criminal law, and citizenship. The federal government's role is to ensure the country's security, manage its international relations, and maintain a stable economic environment.

Provincial and Territorial Governments

Provinces and territories have jurisdiction over local matters such as municipal government, education, health, natural resources, property and civil rights, and highways. They are responsible for providing essential services to their residents and managing resources within their boundaries. This allows for policies and programs tailored to the specific needs of each region.

Shared Responsibilities

Some areas, such as agriculture and immigration, fall under shared jurisdiction between the federal government and the provinces. This collaborative approach ensures that both levels of government can address issues that require national coordination and local implementation.

Parliamentary Democracy

Confidence of the House

Cabinet ministers must maintain the confidence of the House of Commons. If the government loses a non-confidence vote, it must resign, and an election is called. This principle ensures that the government remains accountable to the elected representatives and, by extension, to the citizens.

Prime Minister and Cabinet

The Prime Minister, the head of government, selects the Cabinet ministers and oversees government operations and policy. The Cabinet is composed of members of Parliament chosen by the Prime Minister and is responsible for specific government departments and agencies. This centralization of executive power allows for cohesive policy-making and efficient administration.

The Senate

Senators are appointed by the Governor General on the advice of the Prime Minister and serve until the age of 75. The Senate reviews legislation passed by the House of Commons, providing a second level of scrutiny. This bicameral system ensures thorough examination of laws and prevents hasty decisions.

Legislative Process

No bill can become law until it has been approved by both the House of Commons and the Senate and has received royal assent from the Governor General. This process ensures that all proposed legislation undergoes rigorous evaluation before becoming law.

Voting Rights

Canadian citizens aged 18 or older have the right and responsibility to vote in federal, provincial, territorial, and municipal elections. Voting is a fundamental aspect of democratic participation, allowing citizens to influence government decisions and policies.

Constitutional Monarchy

Head of State

Canada's Head of State is a hereditary Sovereign (Queen or King) who reigns in accordance with the Constitution. The Sovereign serves as a symbol of Canadian sovereignty, a guardian of constitutional freedoms, and a reflection of the country's history.

Sovereign’s Role

The Sovereign plays a non-partisan role, acting as a focus of citizenship and allegiance. During royal visits, the Sovereign highlights the unity and continuity of the nation. As Head of the Commonwealth, the Sovereign also connects Canada to other member nations, fostering international cooperation.

Distinction of Roles

In Canada, there is a clear distinction between the head of state (the Sovereign) and the head of government (the Prime Minister). The Sovereign's role is ceremonial, while the Prime Minister directs the country's governance.

Governor General

The Governor General represents the Sovereign in Canada and is appointed by the Sovereign on the advice of the Prime Minister, usually for a term of five years. The Governor General performs ceremonial duties and acts as a constitutional safeguard, ensuring that the government operates within the bounds of the Constitution.

Lieutenant Governor

In each of Canada's ten provinces, the Sovereign is represented by a Lieutenant Governor, who is appointed by the Governor General on the advice of the Prime Minister. The Lieutenant Governor's role is similar to that of the Governor General but at the provincial level, ensuring that provincial governments adhere to constitutional principles.

Three Branches of Government

Canada's government is divided into three branches: Executive, Legislative, and Judicial. The Executive branch, headed by the Prime Minister and the Cabinet, implements laws and policies. The Legislative branch, comprising the House of Commons and the Senate, makes laws. The Judicial branch interprets laws and ensures they are applied fairly. This separation of powers prevents any single branch from becoming too powerful and protects the rights and freedoms of Canadians.

Provincial and Territorial Government

Elected Legislature

Each provincial and territorial government has an elected legislature responsible for passing laws within its jurisdiction. Members of the legislature are known as Members of the Legislative Assembly (MLAs), Members of the National Assembly (MNAs), Members of the Provincial Parliament (MPPs), or Members of the House of Assembly (MHAs), depending on the province or territory.

Premier and Lieutenant Governor

The Premier is the head of government in each province, similar to the Prime Minister at the federal level. The Premier leads the executive branch of the provincial government and is responsible for implementing provincial laws and policies. The Lieutenant Governor represents the Sovereign in the province and performs ceremonial duties.

Commissioner

In Canada's three territories (Yukon, Northwest Territories, and Nunavut), the Commissioner represents the federal government and plays a ceremonial role. The territorial governments function similarly to provincial governments, with elected legislatures and leaders responsible for local governance.

Additional Information

Intergovernmental Relations

Intergovernmental relations in Canada involve collaboration and negotiation between federal, provincial, and territorial governments. This cooperation is essential for addressing issues that cross jurisdictional boundaries, such as environmental protection, economic development, and public health.

Indigenous Governance

Indigenous peoples in Canada have their own forms of governance, recognized and affirmed by treaties, agreements, and the Constitution. Indigenous governments operate alongside federal, provincial, and territorial governments, managing lands, resources, and community affairs.

Municipal Governments

Municipal governments, the closest level of government to citizens, manage local services such as water supply, waste management, public transit, and recreational facilities. They are created by provincial or territorial legislation and have elected councils and mayors.

Judicial Independence

The judicial branch of government operates independently from the executive and legislative branches. This independence is crucial for ensuring that laws are applied impartially and that citizens' rights are protected. The judiciary interprets laws, resolves disputes, and reviews the constitutionality of government actions.

Constitutional Amendments

Amending Canada's Constitution requires cooperation between federal and provincial governments. Major amendments require the approval of the federal Parliament and at least seven provincial legislatures representing at least 50% of the Canadian population. This rigorous process ensures that changes to the Constitution reflect broad national consensus.

Public Participation

Public participation in governance extends beyond voting. Canadians can engage in the political process by joining political parties, participating in public consultations, and contacting their elected representatives. Active citizenship is essential for a vibrant democracy.

Political Parties

Political parties play a vital role in Canada's parliamentary democracy. They provide a platform for policy development, candidate selection, and voter mobilization. The major federal political parties include the Liberal Party, Conservative Party, New Democratic Party, Bloc Québécois, and Green Party.

Civic Education

Civic education programs aim to inform Canadians about their rights and responsibilities as citizens. These programs are essential for fostering informed and engaged citizens who can contribute to the democratic process and hold their government accountable.