Constitutional monarchy | |
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Formation | 1 July 1867 |
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Founding document | Constitution Act, 1867 |
Country | Canada |
Website | canada |
Crown | |
Head of state (sovereign) | Monarch (Queen) |
Vice-regal representative | Governor General |
Seat | Rideau Hall |
Legislative (Queen-in-Parliament) | |
Legislature | Parliament |
Meeting place | House of Commons: West Block [1] Senate: Senate of Canada Building [2] |
Executive (Queen-in-Council) | |
Head of government | Prime Minister |
Main body | Cabinet |
Main organ | Privy Council ( de jure ) Cabinet ( de facto ) |
Judicial (Queen-on-the-Bench) | |
Court | Supreme Court of Canada (highest court) |
Seat | Supreme Court Building, Ottawa |
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The government of Canada (French : gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the Crown-in-Council; the legislature, as the Crown-in-Parliament; and the courts, as the Crown-on-the-Bench. Three institutions—the Privy Council (conventionally, the Cabinet); the Parliament of Canada; and the judiciary, respectively—exercise the powers of the Crown.
The term Government of Canada (French: Gouvernement du Canada) can refer to either the collective set of all three institutions, or more specifically to the executive—ministers of the Crown (the Cabinet) and the federal civil service (whom the Cabinet direct)—which corporately brands itself as the Government of Canada, or more formally, Her Majesty's Government (French: Gouvernement de Sa Majesté). [3] [4] [5] [6]
In both senses, the current construct was established at Confederation through the Constitution Act, 1867 —as a federal constitutional monarchy, wherein the Canadian Crown acts as the core, or "the most basic building block", [7] of its Westminster-style parliamentary democracy. [8] The Crown is thus the foundation of the executive, legislative, and judicial branches of Canadian government. [9] [10] [11] The monarch, Queen Elizabeth II , is personally represented by a governor general (currently Mary Simon) and is head of state. A prime minister (currently Justin Trudeau) is the head of government who is invited by the Crown to form a government after securing the confidence of the House of Commons, which is typically determined through the election of enough members of a single political party in a federal election to provide a majority of seats in Parliament, forming a governing party. Further elements of governance are outlined in the rest of the Canadian Constitution, which includes written statutes in addition to court rulings, and unwritten conventions developed over centuries. [12]
Constitutionally, the Queen's Privy Council for Canada is the body that advises the sovereign or their representative on the exercise of executive power. This task is nearly exclusively carried out by a committee within the Queen's Privy Council known as the Cabinet who collectively set the government's policies and priorities for the country. [13] It is composed of ministers of the Crown and is chaired by the prime minister. The sovereign appoints the members of Cabinet on the advice of the prime minister who, by convention, are selected from the House of Commons or, less often, the Senate. During its term, the government must retain the confidence of the House of Commons, and certain important motions, such as the passing of the government's budget, are considered as confidence motions. Laws are formed by the passage of bills through Parliament, which are either sponsored by the government or individual members of Parliament. Once a bill has been approved by both the House of Commons and the Senate, royal assent is required to make the bill become law. The laws are then the responsibility of the government to oversee and enforce.
In Canadian English, the term government is used to refer both to the whole set of institutions (executive, legislative and judicial powers) that govern the country (just as in American English, whereas in British English, the term used is state ) and to the executive branch (just as in British English, whereas the term in American English would be administration ). When the word is capitalized, as in "Government of Canada", it always refers to the executive branch. [3]
In press releases issued by federal departments, the government has sometimes been referred to as the current Prime Minister's government (e.g. the Trudeau Government). This terminology has been commonly employed in the media. [14] In late 2010, an informal instruction from the Office of the Prime Minister urged government departments to consistently use, in all department communications, such phrasing (i.e., "Harper Government," at the time) in place of "Government of Canada." [15] The same cabinet earlier directed its press department to use the phrase "Canada's New Government." [14]
Canada is a constitutional monarchy, wherein the role of the reigning sovereign is both legal and practical, but not political. [16] The Crown is regarded as a corporation sole, with the monarch, vested with all powers of state, [17] at the centre of a construct in which the power of the whole is shared by multiple institutions of government acting under the sovereign's authority. [18] [19] [20] [21] The executive is thus formally referred to as Queen-in-Council; the legislature as the Queen-in-Parliament; and the courts as the Queen-on-the-Bench. [10]
Though the person who is monarch of Canada (currently Elizabeth II) is also the monarch of 14 other countries in the Commonwealth of Nations, she nevertheless reigns separately as Queen of Canada, an office that is "truly Canadian" and "totally independent from that of the monarch of the United Kingdom or the other Commonwealth realms." [22] [23]
Royal assent is required to enact laws. As part of the royal prerogative, the royal sign-manual gives authority to letters patent and orders in council. Much of the royal prerogative is only exercised in-council, on the advice of the Cabinet; [24] [25] within the conventional stipulations of a constitutional monarchy, the sovereign's direct participation in any of these areas of governance is limited. [26] [27] The royal prerogative also includes summoning, proroguing, and dissolving Parliament in order to call an election, and extends to foreign affairs, which include: the negotiation and ratification of treaties, alliances, international agreements, and declarations of war; [28] the accreditation of Canadian diplomats and receipt of foreign diplomats; and the issuance of passports. [29]
On the advice of the Canadian prime minister, the sovereign appoints a federal viceregal representative—i.e. the governor general (currently Mary Simon)—who, since 1947, is permitted to exercise almost all of the monarch's royal prerogative, though there are some duties which must be specifically performed by the monarch themselves (such as assent of certain bills).
The executive power is vested in the Crown and exercised "in-Council", meaning on the advice of the Privy Council; conventionally, this is the Cabinet, which is chaired by the prime minister and comprises ministers of the Crown. The term Government of Canada, or more formally, Her Majesty's Government refers to the activities of the Queen-in-Council. The day-to-day operation and activities of the Government of Canada are performed by the federal departments and agencies, staffed by the Public Service of Canada, and the Canadian Armed Forces.
One of the main duties of the Crown is to ensure that a democratic government is always in place, [30] which includes the appointment of a prime minister, who heads the Cabinet and directs the activities of the government. [31] Not outlined in any constitutional document, the office exists in long-established convention, which stipulates the Crown must select as prime minister the person most likely to command the confidence of the elected House of Commons, who, in practice, is typically the leader of the political party that holds more seats than any other party in that chamber (currently the Liberal Party, led by Justin Trudeau). Should no particular party hold a majority in the House of Commons, the leader of one party—either the party with the most seats or one supported by other parties—will be called by the governor general to form a minority government. Once sworn in, the prime minister holds office until their resignation or removal by the governor general, after either a motion of no confidence or defeat in a general election. [32]
The executive is defined in the Constitution Act, 1867 as the Crown acting on the advice of the Privy Council for Canada, referred to as the Queen-in-Council. [4] [33] [34] [35] However, the Privy Council—consisting mostly of former ministers, chief justices, and other elder statesmen—rarely meets in full. In the construct of constitutional monarchy and responsible government, the advice tendered is typically binding, [36] meaning the monarch reigns but does not rule, with the Cabinet ruling "in trust" for the monarch. [37] However, the royal prerogative belongs to the Crown and not to any of the ministers. [38] [39] [40]
The stipulations of responsible government require that those who directly advise the Crown on the exercise the royal prerogative be accountable to the elected House of Commons and the day-to-day operation of government is guided only by a sub-group of the Privy Council made up of individuals who hold seats in Parliament, known as the Cabinet. [35]
The monarch and governor general typically follow the near-binding advice of their ministers. The royal prerogative, however, belongs to the Crown and not to any of the ministers, [21] [40] who only rule "in trust" for the monarch and who must relinquish the Crown's power back to it upon losing the confidence of the commons, [41] [42] whereupon a new government, which can hold the lower chamber's confidence, is installed by the governor general. The royal and vice-royal figures may unilaterally use these powers in exceptional constitutional crisis situations (an exercise of the reserve powers), [n 1] thereby allowing the monarch to make sure "that the government conducts itself in compliance with the constitution." [43] Politicians can sometimes try to use to their favour the complexity of the relationship between the monarch, viceroy, ministers, and Parliament, as well as the public's general unfamiliarity with such. [n 2]
The Parliament of Canada (French: Parlement du Canada), defined section 17 of the Constitution Act, 1867 is the federal legislature. It is bicameral in nature and comprises two chambers—the elected House of Commons (lower house), and the Senate of Canada (upper house), whose membership is nominated by prime ministers [44] [45] —and the Queen-in-Parliament, who grants royal assent to bills passed by both chambers.
A parliamentary session lasts until a prorogation, after which, without ceremony, both chambers of the legislature cease all legislative business until the governor general issues another royal proclamation calling for a new session to begin. A session begins with a speech from the throne, whereby the governor general or the monarch delivers the governing party's prepared speech of their intentions for the session. After a number of such sessions, each parliament comes to an end via dissolution. Since a general election will typically follow, the timing of a dissolution is usually politically motivated, with the prime minister selecting a moment most advantageous to his or her political party. However, the end of session may also be necessary if the majority of the House of Commons revoke their confidence in the prime minister's ability to govern, such as through a vote of no-confidence or if the government's budget is voted down (a loss of supply). While the Canada Elections Act mandates that members of Parliament stand for election a minimum of every four-years, no session has ever been allowed to expire in such a fashion.
The Crown does not participate in the legislative process save for signifying approval to a bill passed by both chambers of Parliament, known as the granting of royal assent, which is necessary for a bill to be enacted as law. All federal bills thus begin with the phrase: [46]
"Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows ..."
Members of the two chambers of Parliament must also express their loyalty to the Crown and thus to Canada by reciting the Oath of Allegiance, which must be sworn by all new parliamentarians before they may take their seats. Further, the Official Opposition is formally termed Her Majesty's Loyal Opposition, to signify that, though they may be opposed to the incumbent Cabinet's policies, they remain dedicated to the apolitical Crown. [47] [48]
As a democratic tradition, the elected House of Commons (French: Chambre des communes), while the lower house, is the dominant branch of Parliament and, as such, the Senate and Crown rarely oppose its will. Any spending bill must originate in the House of Commons and the prime minister holds office by virtue of commanding its confidence The 338 members of the House of Commons, known as members of Parliament (MPs) are directly elected by Canadian citizens, with each member representing a single electoral district for a period mandated by the Canada Elections Act of no more than four years [49] (though the Charter of Rights and Freedoms mandates a maximum of five years).
Members of the governing party sit on the government benches, located on the speaker's right and members of the opposition parties on the left, with the Cabinet of Canada and prime minister, and shadow cabinet and leader of the Opposition across from one another (known as frontbenchers). [50]
The upper house of the Parliament of Canada, the Senate (French: Sénat), is a group of 105 individuals appointed by the Crown on the advice of the prime minister; [51] all those appointed must be a minimum of 30 years old, be a subject of the monarch, and own property with a net worth of at least $4,000, in addition to owning land worth no less than $4,000 within the province he or she is to represent. [52] Senators serve until a mandatory retirement age of 75.
The principle underlying the Senate's composition is equality amongst Canada's geographic regions: 24 for Ontario, 24 for Quebec, 24 for the Maritimes (10 for Nova Scotia, 10 for New Brunswick, and four for Prince Edward Island), and 24 for the Western provinces (six each for Manitoba, British Columbia, Saskatchewan, and Alberta). [53] Additionally, senators are appointed from two geographic areas not part of any senatorial division. Newfoundland and Labrador (since 1949 the "newest" province, although "oldest" English settlement), is represented by six senators. Since 1975 each of Canada's territories is represented by 1 senator—the Northwest Territories, Yukon, and (since its formation in 1999) Nunavut.
The Crown is responsible for rendering justice and is thus traditionally deemed the fount of justice. [54] However, the monarch does not personally rule in judicial cases; instead the judicial functions of the royal prerogative are performed in trust and in the Crown's name by officers of the judicial system.
The Supreme Court of Canada—the country's court of last resort—has nine justices appointed by the governor general on recommendation by the prime minister and led by the chief justice of Canada, and hears appeals from decisions rendered by the various appellate courts (provincial, territorial, and federal).
The Federal Court hears cases arising under certain areas of federal law, [55] and works in conjunction with the Tax Court of Canada. [56]
The powers of the parliaments in Canada are limited by the Constitution, which divides legislative abilities between the federal and provincial governments. In general, the provincial legislatures may only pass laws relating to topics explicitly reserved for them by the constitution, such as education, provincial officers, municipal government, charitable institutions, and "matters of a merely local or private nature," [57] whereas any matter not under the exclusive authority of the provincial legislatures is within the scope of the federal parliament's power.
Thus, the federal Parliament alone can pass laws relating to, amongst other things, Canada's postal service, census, military, criminal law, navigation and shipping, fishing, currency, banking, weights and measures, bankruptcy, copyrights, patents, First Nations, and naturalization. [58]
In some cases, federal and provincial jurisdictions may be more vague. For instance, the federal parliament regulates marriage and divorce in general, while the solemnization of marriage is regulated only by provincial legislatures. Other examples include the powers of both the federal and provincial parliaments to impose taxes, borrow money, punish crimes, and regulate agriculture.
An emphasis on liberalism [59] and social justice has been a distinguishing element of Canada's political culture. [60] Individual rights, equality, and inclusiveness (i.e. a just society) have risen to the forefront of political and legal importance for most Canadians, as demonstrated through: support for the Canadian Charter of Rights and Freedoms; [61] a relatively free economy; and social liberal attitudes toward women's rights, homosexuality, abortion rights, euthanasia, cannabis use, and other egalitarian movements. [62] [63] [64] [61] Likewise, there is a sense of collective responsibility in Canadian political culture, as is demonstrated in general support for universal health care, multiculturalism, foreign aid, and other social programs. [65] [66] [67] [68] Peace, order, and good government, alongside an implied bill of rights are founding principles of the Canadian government. [69] [70]
At the federal level, Canada has been dominated by two relatively centrist parties practising "brokerage politics:" [lower-alpha 1] the centre-left Liberal Party of Canada and the centre-right Conservative Party of Canada (or its predecessors). [73] [74] [75] [76] [77] [78] Regarding the Canadian political spectrum, the historically predominant Liberals have positioned themselves more-or-less at the centre, with Conservatives sitting to their right and New Democrats occupying the further left. [79] [80] [81]
Smaller parties, such as the Green Party of Canada and the Quebec-nationalist Bloc Québécois, have also been able to exert their influence over the political process by representation at the federal level. Far-right and far-left politics, in terms of Canadian politics, have never been a prominent force in Canadian society. [82] [83]
Polls have suggested that Canadians generally do not have a solid understanding of civics. [84] This has been theorized to be a result of less attention being given to the subject in provincial education curricula, beginning in the 1960s. [85] By 2008, a poll showed only 24 per cent of respondents could name the monarch as head of state. [86] Likewise, Senator Lowell Murray wrote five years earlier that "the Crown has become irrelevant to most Canadians' understanding of our system of Government." [87] As John Robson of the National Post opined in 2015: "Intellectually, voters and commentators succumb to the mistaken notion that we elect 'governments' of prime ministers and cabinets with untrammelled authority, that indeed ideal 'democracy' consists precisely in this kind of plebiscitary autocracy." [88]
A prime minister or a premier is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not the head of state, but rather the head of government, serving typically under a monarch in a democratic constitutional monarchy or under a president in a republican form of government.
The prime minister of Canada is the head of government of Canada. Under the Westminster system, the prime minister governs with the confidence of a majority the elected House of Commons; as such, the prime minister typically sits as a member of Parliament (MP) and leads the largest party or a coalition of parties. As first minister, the prime minister selects ministers to form the Cabinet, and serves as its chair. Constitutionally, the Crown exercises executive power on the advice of the Cabinet, which is collectively responsible to the House of Commons.
The prime minister of the United Kingdom is the head of government in the United Kingdom. The prime minister advises the sovereign on the exercise of much of the royal prerogative, chairs the Cabinet and selects its ministers. As modern prime ministers hold office by virtue of their ability to command the confidence of the House of Commons, they sit as a member of Parliament.
The governor general of Canada is the federal viceregal representative of the Canadian monarch, currently Queen Elizabeth II. The Queen is head of state of Canada and the 14 other Commonwealth realms, but she resides in her oldest and most populous realm, the United Kingdom. The Queen, on the advice of her Canadian prime minister, appoints a governor general to carry on the Government of Canada in the Queen's name, performing most of her constitutional and ceremonial duties. The commission is for an indefinite period—known as serving at Her Majesty's pleasure—though five years is the usual length of time. Since 1959, it has also been traditional to alternate between anglophone and francophone officeholders—although many recent governors general have been bilingual.
The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign. It is at the core of Canada's constitutional federal structure and Westminster-style parliamentary democracy. The monarchy is the foundation of the executive (Queen-in-Council), legislative (Queen-in-Parliament), and judicial (Queen-on-the-Bench) branches of both federal and provincial jurisdictions. The Queen of Canada has been Elizabeth II since 6 February 1952.
The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the monarch, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or her representative, normally the governor general, provides royal assent to make bills into law.
In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch or part of the government. Unlike in a presidential system of government, the head of state is generally constrained by the cabinet or the legislature in a parliamentary system, and most reserve powers are usable only in certain exceptional circumstances. In some countries, reserve powers go by another name; for instance, the reserve powers of the President of Ireland are called discretionary powers.
A constitutional convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all.
The Cabinet of Canada is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada. Chaired by the prime minister, the Cabinet is a committee of the Queen's Privy Council for Canada and the senior echelon of the Ministry, the membership of the Cabinet and ministry often being co-terminal; as of November 2015 there are no members of the latter who are not also members of the former.
The title and style of the Canadian sovereign is the formal mode of address of the monarch of Canada. The form is based on those that were inherited from the United Kingdom and France, used in the colonies to refer to the reigning monarch in Europe. As various Canadian territories changed ownership and then the country gradually gained independence, the style and title of the monarchs changed almost as often as the kings and queens themselves. The mode of address currently employed is a combination of a style that originates in the early 17th century and a title established by Canadian law in 1953.
The Queen's Privy Council for Canada, sometimes called Her Majesty's Privy Council for Canada or simply the Privy Council (PC), is the full group of personal consultants to the monarch of Canada on state and constitutional affairs. Practically, the tenets of responsible government require the sovereign or her viceroy, the governor general of Canada, to almost always follow only that advice tendered by the Cabinet: a committee within the Privy Council composed usually of elected members of Parliament. Those summoned to the QPC are appointed for life by the governor general on the advice of the prime minister of Canada, meaning that the group is composed predominantly of former Cabinet ministers, with some others having been inducted as an honorary gesture. Those in the council are accorded the use of an honorific style and post-nominal letters, as well as various signifiers of precedence.
The Government of Ontario, formally Her Majesty's Government of Ontario, is the body responsible for the administration of the Canadian province of Ontario. A constitutional monarchy, the Crown—represented in the province by the lieutenant governor—is the corporation sole, assuming distinct roles: the executive, as the Crown-in-Council; the legislature, as the Crown-in-Parliament; and the courts, as the Crown-on-the-Bench. The functions of the government are exercised on behalf of three institutions—the Executive Council; the Provincial Parliament ; and the judiciary, respectively. Its powers and structure are partly set out in the Constitution Act, 1867.
In Canada, a lieutenant governor is the viceregal representative in a provincial jurisdiction of the Canadian monarch and head of state, Queen Elizabeth II. On the advice of his or her prime minister, the Governor General of Canada appoints the lieutenant governors to carry out most of the monarch's constitutional and ceremonial duties for an unfixed period of time—known as serving at Her Excellency's pleasure—though five years is the normal convention. Similar positions in Canada's three territories are termed Commissioners and are representatives of the federal government, not the monarch directly.
The monarchy of Canada forms the core of each Canadian provincial jurisdiction's Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of government in each province. The monarchy has been headed since February 6, 1952 by Queen Elizabeth II who as sovereign is shared equally with both the Commonwealth realms and the Canadian federal entity. She, her consort, and other members of the Canadian Royal Family undertake various public and private functions across the country. She is the only member of the Royal Family with any constitutional role.
The Government of British Columbia is the body responsible for the administration of the Canadian province of British Columbia. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the Crown-in-Council; the legislature, as the Crown-in-Parliament; and the courts, as the Crown-on-the-Bench. Three institutions—the Executive Council (Cabinet); the Legislative Assembly; and the judiciary, respectively—exercise the powers of the Crown.
The provincial government of Quebec is the body responsible for the administration of the Canadian province of Quebec. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the Crown-in-Council; the legislature, as the Crown-in-Parliament; and the courts, as the Crown-on-the-Bench. The powers of the Crown are exercised on behalf of three institutions—the Executive Council (Cabinet); the National Assembly; and the judiciary, respectively.
Prorogation is the end of a parliamentary session in the Parliament of Canada and the parliaments of its provinces and territories. It differs from a recess or adjournment, which do not end a session; and differs from a complete dissolution of parliament, which ends both the session and the entire parliament, requiring an election for the House of Commons in the bicameral federal parliament and the singular legislative chamber of the unicameral provincial parliaments.
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out.
The Letters Patent, 1947 are letters patent signed by George VI as King of Canada which reconstituted the office of Governor General of Canada under the terms of the Constitution Act, 1867. The letters were signed on 8 September 1947 and have been in effect since 1 October 1947, replacing the previous letters patent issued in 1931, to expand the role and powers of the governor general in exercising the royal prerogative and allow her or him to carry out an increased number of the Sovereign's duties in "exceptional circumstances". While the letters patent allow the governor general to use most of the "powers and authorities" lawfully belonging to the Sovereign, this permission can be revoked, altered, or amended by the sovereign at any time and these powers and authorities thus remain with the monarch and are carried out by the governor general on his or her behalf.
The Succession to the Throne Act, 2013, which has the long title An Act to assent to alterations in the law touching the Succession to the Throne, was passed by the Parliament of Canada to give assent to the Succession to the Crown Bill, which was intended to change the line of succession to the Canadian throne and was passed with amendments by the UK parliament on 25 April 2013. Bill C-53 was presented and received its first reading in the House of Commons on 31 January 2013 and received Royal Assent on 27 March of the same year. The Act was brought into force by the Governor General-in-Council on 26 March 2015.
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Canada's party system has long been described as a “brokerage system” in which the leading parties (Liberal and Conservative) follow strategies that appeal across major social cleavages in an effort to defuse potential tensions.
First Past the Post in Canada has favoured broadly-based, accommodative, centrist parties...
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