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The politics of Canada function within a framework of parliamentary democracy and a federal system of parliamentary government with strong democratic traditions. Canada is a constitutional monarchy, in which the monarch is head of state. In practice, the executive powers are directed by the Cabinet, a committee of ministers of the Crown responsible to the elected House of Commons of Canada and chosen and headed by the Prime Minister of Canada.
In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations:
A courthouse or court house is a building that is home to a local court of law and often the regional county government as well, although this is not the case in some larger cities. The term is common in North America. In most other English-speaking countries, buildings which house courts of law are simply called "courts" or "court buildings". In most of continental Europe and former non-English-speaking European colonies, the equivalent term is a palace of justice.
The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all governments in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
Canadian federalism involves the current nature and historical development of the federal system in Canada.
The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.
The government of Canada is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown assumes distinct roles: the executive, as the Crown-in-Council; the legislative, as the Crown-in-Parliament; and the judicial, as the Crown-on-the-Bench. Three institutions—the Privy Council, the Parliament, and the judiciary, respectively—exercise the powers of the Crown.
The Constitution Act, 1867, originally enacted as the British North America Act, 1867, is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The jurisdiction and powers of the two courts remained largely unchanged from the predecessor divisions.
Canada holds elections for legislatures or governments in several jurisdictions: for the federal (national) government, provincial and territorial governments, and municipal governments. Elections are also held for self-governing First Nations and for many other public and private organizations including corporations and trade unions. Municipal elections can also be held for both upper-tier and lower-tier governments.
The Court of Appeal for Ontario is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice.
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters.
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction.
Canadian constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The Province of Manitoba, similar to other Canadian provinces and territories, is governed through a Westminster-based parliamentary system. The Manitoba government's authority to conduct provincial affairs is derived from the Constitution of Canada, which divides legislative powers among the federal parliament and the provincial legislatures. Manitoba operates through three levels of government: the executive, the legislative, and the judiciary. The executive branch—the Executive Council of Manitoba—consists of the Premier, who is the head of government and the President of the Executive Council. The legislative branch—Manitoba Legislature—consists of the Speaker and elected members, who are served by the Clerk, the Officers of the Legislative Assembly, and the employees of the legislative service. The Legislative Assembly consists of the 57 members (MLAs) elected to represent the people of Manitoba.
The HonourableMarc Noël is the Chief Justice of the Canadian Federal Court of Appeal. He will be retiring as Chief Justice and as a judge of the Court as of August 1, 2023.
The Honourable or The Honorable is an honorific style that is used as a prefix before the names or titles of certain people, usually with official governmental or diplomatic positions.
References
- ↑ Federal Court of Canada, About the Court Archived 2013-06-12 at the Wayback Machine
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