law 12 (canadian law) : Chapter 3

BNA Act, 1867

• united the British colonies of Canada into a single dominion

• establishing a federal state with a parliamentary system

• served as Canada's constitution until 1982. 

BNA Act 1867 Limitations

• all decisions have to be passed by the British Parliament

• did not contain the entire constitution

• inquiring supplementation by other laws and - conventions. 

BNA Act problems

• British approval required 

• confusion/ conflict re. Jurisdic (natural resources, residual powers)

• Shared “cost agreements”

• No universal civil rights

Federal system 

Federal System: a two-level system of governing 

• Central government 

• Provincial government 

Unitary Government:

a one-level system of governing 

why did Canada choose federal system and not British or US model

Canada chose a federal system because it allowed different regions to govern themselves while still being part of one country. The system kept the country united unlike US but gave provinces some power to handle their own issues unlike British.

3 (+1) Levels of government

• Federal 

• Provincial 

• Municipal 

• Indigenous

Residual power

federal responsibility to make laws in legislative areas not assigned to  the provinces. 

Federal Jurisdictions:

• Criminal law 

• Indigenous affairs 

• Peace, order, good government  (emergency powers)

• Some residual powers ( ex. Planes, automobiles, transportation) 

Provincial jurisdictions: 

• Police

• property rights

• education 

FEDERAL level of government - Who?

1. Gov general 

2. Prime Minister  

3. HOC

4. Senate 

5. Members of parliament 

PROVINCIAL level of government - who?

1. Lieutenant governor 

2. Premier 

3. Legislative assembly 

4. N/A

5. Members of legislative assembly (MLA or MPP) 

Intra Vires

each has power to create law only in its jurisdiction

Ultra Vires

controversy each level cannot make law outside of their jurisdiction 

Statute of Westminster

Legislation passed in Britain to extend Canada's law making powers. gave Canada full control over their laws and constitution without British approval.

Bill of rights - problems

• its a federal statute: applied only to matters under federal jurisdiction

•  It did not take precedence over any other statute:

• It could be amended by a majority vote in the House of Commons

Constitution, 1982 (4 key elements) 

1. Principle regarding the equalizing of services across canada (ex. Universal healthcare)

2. Clear interpretations of jurisdictions - natural resources (decision: provinces with some restrictions)

3. An amending formula 

4. A charter of rights and freedoms 

Federal branches - who?

• Executive: governor general, PM, chief advisors and  cabinet ministers   

• Legislative: governor general  law making branch, HOC members of parliament, senate  

• Judicial: judges - supreme courts ( both federal and provincial)

Executive Branch - Duty and how chosen

Duty: carries out the law

How chosen: Chosen by the people through elections - PM chooses cabinet 

Legislative Branch duty, specific role, how chosen

Duty: Law making branch 

Specific role: 

• Governor general: figurehead who signs all bills to make them law 

• Senate: can change bills passed by House of Commons

- supposed to give a second thought to all bills

- it can veto bills but many people think it should not do so because it isn't elected

How chosen: 

• Senate: the prime minister appoints members of the senate 

• House of Commons: elected by citizens of canada 
  

Judicial Branch duty and how chosen

Duty: interpreting and applying the law

How chosen: Chosen by the prime minister and the cabinet 

shared cost agreements

agreements between the two levels of government to share the cost for programs on areas not specified in the BNA Act.

First reading

• MP introduces the bill (no discussion) 

• Parties study bill in Caucus meetings 

• Decides position 

Caucus meeting

a group within an organization or political party which meets independently to discuss strategy or tactics.

Second reading

1. Debate focusing on rational/objectives 

2. Special committee (S.C)

Amendments made!!!

3. Report stage 

• S.C presents report + amendments

• M.Ps can discuss and vote in these amendments 

Special committee (S.C) 

• Does all the hard work. Think collaboration 

• All parties represented 

• Go through bill clause by clause 

• Legal advice 

• Expert + public opinion 

• Interest groups

Third Reading

• M.Ps Vote (to approve) 

• Little to no debate or discussion 

Senate in legeslative process

repeats the three reads in a more simpler fashion

• Note that provincial legislatures do not have two “houses”

Royal assent

• Governor general signs into law

• Note: provinces have lieutenant governors

Provincial Process:

- Focuses on laws within a specific province.

- Managed by provincial legislatures.

- Covers local issues

• Legislative Process (Federal):

- Deals with national laws.

- Managed by the national legislature

- Covers issues affecting the whole country

Royal Commission

Official, independent inquiry with government authority to investigate and make recommendations.

Lobby Group

Private organization advocating for specific interests or causes, often seeking to influence policy decisions.