Canadian Law & Government
Government & Politics
Canada is a constitutional monarchy with Elizabeth II, Queen of Canada, as head of state; the monarch of Canada also serves as head of state of fifteen other Commonwealth countries, putting Canada in a personal union relationship with those other states. The country is a parliamentary democracy with a federal system of parliamentary government and strong democratic traditions.
Canada's constitution consists of written text and unwritten traditions and conventions. The Constitution Act, 1867 (formerly the British North America Act) established governance based on Parliamentary precedent "similar in principle to that of the United Kingdom" and divided powers between the federal and provincial governments. The Constitution Act, 1982 added a Canadian Charter of Rights and Freedoms, which guarantees basic rights and freedoms for Canadians that generally cannot be overridden by legislation of any level of government in Canada. However, a "notwithstanding clause", allows the federal parliament and the provincial legislatures to override certain sections of the Charter temporarily, for a period of five years.
The Chamber of the House of Commons.The position of Prime Minister, Canada's head of government, belongs to the current leader of the political party that can obtain the confidence of a plurality in the House of Commons. Executive power is exercised by the Prime Minister and Cabinet ministers, all of whom are sworn into the Queen's Privy Council for Canada to become Ministers of the Crown and responsible to the elected House of Commons. The Prime Minister and Cabinet are formally appointed by the Governor General (who is the Monarch's representative in Canada). However, the Prime Minister chooses the Cabinet, and by convention, the Governor General respects the Prime Minister's choices. Cabinet ministers are traditionally drawn from elected members of the Prime Minister's party in the House of Commons. The Prime Minister exercises vast political power, especially in the appointment of government officials and civil servants. Michaëlle Jean has served as Governor General since September 27, 2005, and Stephen Harper, leader of the Conservative Party, has been Prime Minister since February 6, 2006.
The federal parliament is made up of the Queen and two houses: an elected House of Commons and an appointed Senate. Each member in the House of Commons is elected by simple plurality in a "riding" or electoral district; general elections are called by the Governor General when the Prime Minister so advises. While there is no minimum term for a Parliament, a new election must be called within five years of the last general election. Members of the Senate, whose seats are apportioned on a regional basis, are chosen by the Prime Minister and formally appointed by the Governor General, and serve until age 75.
Canada's four major political parties are the Conservative Party of Canada, the Liberal Party of Canada, the New Democratic Party (NDP), and the Bloc Québécois. The current government is formed by the Conservative Party of Canada. While the Green Party of Canada and other smaller parties do not have current representation in Parliament, the list of historical parties with elected representation is substantial.
Foreign Relations
The bilateral relationship between Canada and the United States is of extreme importance to both countries. About 75%-85% of Canadian trade is with the United States, and Canada is the United States largest trading partner. While there are disputed issues between the two nations, relations are close and the two countries famously share the "world's longest undefended border."
Canada was a close ally of the United States in both World Wars, the Korean War and the Cold War. Canada was an original member of NATO and the two countries' air defences are fused in NORAD.
Just as important to the Canadian identity is Canada's strong support of multilateralism. Canada is seen as one of the world's leading peacekeepers, sending soldiers under U.N. authority around the world. Canadian external affairs minister, Lester B. Pearson, is sometimes credited with inventing the modern concept of peacekeeping, for which he won the Nobel Peace Prize. Canada is also committed to disarmament and is especially noted for its leadership in the Ottawa Convention to ban land mines.
In the last century Canada has made efforts to reach out to the rest of the world and promoting itself as a "middle power" able to work with large and small nations alike. This was clearly demonstrated during the Suez Crisis when Lester B. Pearson mollified the tension by proposing peacekeeping efforts and the inception of the United Nations Peacekeeping Force. In that spirit, Canada developed and has tried to maintain a leading role in UN peacekeeping efforts.
Canada has long been reluctant to participate in military operations that are not sanctioned by the United Nations, such as the Vietnam War or the 2003 Invasion of Iraq, but does join in sanctioned operations such as the first Gulf War and Afghanistan. It was also willing to participate with its NATO and OAS allies in the Kosovo Conflict and in Haiti respectively.
Despite Canada's track record as a liberal democracy that has whole-heartedly embraced the values of the UN's Universal Declaration of Human Rights and its obvious commitment to global security, Canada has been left out of every major plan for Reform of the United Nations Security Council.
Canada hosted the third Summit of the Americas in Quebec City. Canada also seeks to expand its ties to Pacific Rim economies through membership in the Asia-Pacific Economic Cooperation forum (APEC). Canada also is an active participant in discussions stemming from the Organization for Security and Cooperation in Europe (OSCE). Canada joined the Organization of American States (OAS) in 1990 and has been an active member, hosting the OAS General Assembly in Windsor, Ontario, in June 2000.
Canada's international relations are the responsibility of the Department of Foreign Affairs and International Trade (DFAIT), which is run by the Minister of Foreign Affairs, a position currently held by Maxime Bernier. Traditionally the Prime Minister has played a prominent role in foreign affairs decisions.
Foreign aid is delivered through the Canadian International Development Agency.
Provinces have always participated in some foreign relations, and appointed agents-general in the United Kingdom and France for many years, but they cannot legislate treaties. The French-speaking provinces of Quebec and New Brunswick are members of la Francophonie, and Ontario has announced it wishes to join. Quebec, ruled primarily by separatist governments since 1976, has pursued its own foreign relations, especially with France. Alberta opened an office in Washington D.C. in March 2005 to lobby the American government, mostly to reopen the borders to Canadian beef. With the exception of Quebec, none of these efforts undermine the ability of the federal government to conduct foreign affairs. Ultimately it is the federal government which has to weigh and balance the various issues which affect provinces differently, and sometimes there are winners and losers.
Law
Canada's judiciary plays an important role in interpreting laws and has the power to strike down laws that violate the Constitution. The Supreme Court of Canada is the highest court and final arbiter and is led by the Right Honourable Madam Chief Justice Beverley McLachlin, P.C. Its nine members are appointed by the Governor General on the advice of the Prime Minister. All judges at the superior and appellate levels are appointed by the Governor General on the advice of the prime minister and minister of justice, after consultation with non-governmental legal bodies. The federal cabinet appoints justices to superior courts at the provincial and territorial levels. Judicial posts at the lower provincial and territorial levels are filled by their respective governments (see Court system of Canada for more detail).
Common law prevails everywhere except in Quebec, where civil law predominates. Criminal law is solely a federal responsibility and is uniform throughout Canada. Law enforcement, including criminal courts, is a provincial responsibility, but in rural areas of all provinces except Ontario and Quebec, policing is contracted to the federal Royal Canadian Mounted Police (RCMP).
