Law Making in Canada

Define separation of power

The separation of government between three branches independent of one another taking on their own responsibilities so that power is not concentrated.

What are the difference branches of government and their roles?

Legislative branch (power to legislate), executive branch (power to enforce), judicial branch (power to interpret)

Define division of power

The tiers or hierarchy within a given branch of government.

Where are the provisions surrounding division of power laid out?

Entrenched within sections 91-92 of the Constitution.

What three principles does Parliamentary supremacy operate under?

Parliament can make and unmake any laws, cannot bind itself against using its powers in the future, and any procedurally valid act cannot be questioned by the courts (however citizens may dispute it).

Define legislation

Written laws made by a legislative assembly (i.e. statutes, primary form of legislation in Canada)

Define legislature

An institution of usually elected (possibly appointed) individuals represented constituencies and charged with making laws (i.e. Parliament, congress, legislative assemblies).

What are the four types of statutes?

Constitutionally entrenched, federal statutes (i.e. Crim Code), provincial statutes, territorial statutes.

Define bills

A proposal for a new law or a change to a law that can be public or private.

How are Canada’s principles of government unique?

Principles of responsible government (inherited from Britain) dual executive, elected office, reliance on convention; does not have fully separated powers as legislature is comprised of selected and elected officials.

What does it mean that Canada has a dual executive?

Consists of a formal head of state (Monarch) and a political head of state (Prime Minister).

What is the role of a formal head of state?

Monarch represented in Canada by the Governor General at the federal level and Lieutenant Generals at the provincial level; ceremonial positions governed by proxy and changed by death.

What is the role of a political head of state?

Prime Minister (or premier) elected democratically and can be removed via elections or loss of party leadership; commands a majority in the elected House of Commons (or provincial legislature).

What is the structure of legislature in Canada?

Made up by executives; bicameral at federal level, unicameral at the provincial level.

What does it mean for Canada to have a bicameral legislature?

Parliament of Canada is separated into two chambers; the House of Commons and the Senate.

What infringes upon Canada’s separation of powers?

High ranking ministers who oversee state legal apparatus can simultaneously be law makers and enforcers (i.e. Minister of Justice and Public Safety in charge of RCMP or Minister of Justice also being the Attorney General in charge of prosecution).

How are the risks with high ranking ministers in charge of police and prosecution curbed?

Principle of police independence and a police chief that oversees specific police actions, and the Shawcross principle which dictates that an Attorney General must remain independent from political pressure when deciding a case.

What are the steps for the process of making a law?

First reading, second reading, third reading.

What does the first reading step of making a law entail?

Private or public bill is proposed by the sponsor of the bill; no debate, only a presentation or notification of the proposition.

What does the second reading entail?

Sponsor presents the rationale for the bill; members declare support and debate and vote occurs about whether the bill should proceed to the third reading (House of Commons) or delegated to a specific Committee (which must be named).

What does the third reading entail?

Deliberation, vote call as to whether the bill should be passed, and proceeding/passage.

What happens between the second and third reading?

Public hearing at the Committee stage; the public is invited to look at the bill and provide their own perception.

How do these steps occur in Canada’s bicameral legislative structure?

Six readings occur; three in the House, three in the Senate, with a last point being ascent by the Governor General.

What role does politics play in the making of a law?

Politics and the current political party in office influences the kinds of laws that go through legislature and the majority that votes on it.

What does s.91 of the Constitution say about who makes the law?

Any area not assigned in the Constitution to any level of government is automatically given to the jurisdiction of the Parliament so that there is no legislative gap.

What does s.92, 92(a), 93, and 95 of the Constitution lay out about who makes the law?

The province has the power to legislate on its own matters; the establishment and payment of provincial officers (taxation), public lands and prisons, and enforcement of the Criminal Code set out by Parliament and administration of provincial courts, etc.

What is involved in the reading of a law?

Crest of the Legislative Assembly, long title, sponsor, reading and royal assent dates (different stages the law went through and when).

What is involved within the Legislative Authority of Parliament in Canada (s.91 of the Constitution)?

The legislative authority of Parliament extends to all matters within the classes of immigration/naturalization and aliens, criminal law, etc.

What is involved within the Exclusive Powers of Provincial Legislature (s.92, 93, 95 of the Constitution)?

In each province the legislature may exclusively make laws in relation to matters coming within the classes of subjects such as direct taxation, borrowing of money, provincial officers, public provincial land and wood, prisons, crime (i.e. traffic).

What is outlined on the first page of a bill?

Crest of the legislative assembly, long title, sponsor, and reading and royal assent dates.