Canadian Legal System: Legislation, Parliament, and Executive Power

Vocabulary practice flashcards defining foundational concepts of Canadian statutory law, federal legislative processes, executive authority, and parliamentary sovereignty.

Summary Conviction Offences (Limitation Period)

Offences that carry a $12$-month limitation period from when the matter of the proceedings arose under section $786(2)$ of the Criminal Code.

Indictable Offences (Limitation Period)

Serious criminal offences that have no limitation period for laying a charge.

Statute

The primary form of legislation, made by legislatures.

Regulation

A form of subordinate legislation passed by a person or body (frequently the government cabinet) to expand on or fill out a statute's legislative scheme, such as setting a fine for not wearing a life jacket.

Bill

The draft version of a proposed new statute.

Municipal By-laws

A form of subordinate legislation passed directly by municipalities.

The Executive

The branch of government responsible for implementing or administering laws in Canada, whose authority is divided between federal, provincial, and territorial governments.

Responsible Government

A system of government in which members of the executive branch are drawn from elected members of the legislative branch and continue in power only so long as they enjoy the support of the majority in the legislature.

Four Types of Statutes in Canada

The four categories of Canadian statutes: Constitutionally entrenched (British), Federal, Provincial, and Territorial.

Section 91

The provision of the Constitution Act, 1867 that serves as the source of most federal power, granting authority over $30$ specific subject areas and general residuary power.

POGG Power

The Peace, Order, and Good Government power, which functions as the general residuary legislative authority of the Parliament of Canada under Section 91.

Pith and Substance

A division-of-powers test used to determine constitutionality, requiring that a law's 'dominant purpose and effect' must address a subject matter within the enacting legislature's jurisdiction.

Pre-Parliamentary Response

The stage in the federal legislative process where consensus or conflict is identified and proposed legislation is drafted by legislative counsel employed by Parliament.

Public Bill

A bill dealing with a matter of public policy (such as changing drinking and driving laws), usually introduced by the responsible government Minister but eligible to be introduced by the opposition.

Private Bill

A bill dealing with a private matter relating to a particular individual, corporation, or charity.

First Reading

The initial formal introduction of a bill in either the House of Commons or the Senate, conducted without debate.

Second Reading

The parliamentary stage where the general purpose of a bill is debated without examining specific details, after which it is referred to a committee.

Committee Stage

The phase between second and third readings where a legislative committee performs a detailed 'clause by clause' review of a bill and proposes amendments to be debated and voted on by the House.

Third Reading

The final debate on the completed form of a bill in the House of Commons or Senate, immediately preceding the vote on whether to adopt it.

Dies on the Order Paper

The procedural expiration of a proposed bill that fails to receive all required readings across both houses and Royal Assent prior to the conclusion of a legislative session.

Royal Assent

The formal assent given when the Governor General (or deputy) signs a declaration or attends a ceremony, immediately bringing an enacted bill into force as a statute unless another date is specified.

Date Fixed by Proclamation

A specific date determined by executive notice upon which a statute officially comes into force, used when it does not become active immediately upon Royal Assent.

Parliamentary Sovereignty

A doctrine entrenched in 17th-century England establishing that Parliament, rather than the monarch, is the country's supreme legislative authority holding total power.

Three Principles of Parliamentary Sovereignty

The core rules of the doctrine stating that: (1) Parliament can make or unmake any law, (2) Parliament cannot bind itself against future action, and (3) a procedurally valid Act of Parliament cannot be questioned by the courts.

Qualifiers of Canadian Parliamentary Sovereignty

Three structural features that dampen Parliament's 'total power' in Canada: a federal division of powers, an entrenched Charter of Rights and Freedoms, and an amending formula outside the sole jurisdiction of any single legislature.

Conventional Practice

An agreed-upon customary practice serving as a source of executive power, such as the King appointing the Governor General 'on the advice of the Prime Minister.'

Four Sources of Executive Power

The legal roots of executive authority in Canada: Constitutional basis (Constitution Act, 1867), Conventional practice, Common law and Royal prerogative, and Statute law along with common law rules.