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Canada

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A 1

Federal-Provincial Division of Powers

The central government of Canada exercises all powers not specifically assigned to the provinces. It has exclusive jurisdiction over administration of the public debt, currency and coinage, taxation for general purposes, organization of national defense, fiscal matters, banking, fisheries, commerce, navigation and shipping, energy policy, postal service, the census, statistics, patents, copyright, naturalization, aliens, indigenous peoples’ affairs, marriage, and divorce. Among the powers assigned to the provincial governments are authority over education, hospitals, provincial property, civil rights, taxation for local purposes, regulation of local commerce, and the borrowing of money. Some of these may be allocated to the municipal level at the discretion of the provincial government. With respect to certain matters, such as immigration and agriculture, the federal and provincial governments have concurrent jurisdiction.

The provinces and territories control the establishment and operation of local units of government within their borders. The categories and functions of local governmental units vary from province to province, depending on population density and local custom. In densely populated areas, such as southern Ontario, the system of local governmental units includes counties, districts, cities, towns, villages, and townships. Large metropolitan areas may have regional governments comprising several local governments. Certain powers, such as transit and regional planning, are the responsibility of the regional government, although each local unit usually retains powers of local self-government, with responsibility for local public services. Unincorporated rural districts are usually administered by the provincial or territorial government.

A 2

Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms, added to the constitution in 1982, guarantees to citizens fundamental freedoms, such as freedom of conscience and the press. It also guarantees the right to vote and seek election, as well as rights to move throughout Canada, to enjoy security of person, and to combat discrimination. It also specifies the equality of the French and English languages. The charter changed the Canadian political system by enhancing the power of the courts to make or unmake laws through judicial decisions. It also contains the so-called notwithstanding clause, which allows Parliament or the provincial legislatures to designate an act operative even though it might clash with a charter provision. The charter applies uniformly throughout Canada although the province of Québec has never signed the constitution.

B

Federal Government Organization

The Canadian Parliament consists of three parts: the governor-general, the Senate, and the House of Commons. Commons, which is popularly elected, contains about three times as many members as the appointed Senate. The prime minister and the Cabinet are members of Parliament, usually of the House of Commons.



B 1

Head of State

Queen Elizabeth II, the monarch of Britain, is the queen of Canada. She is the official head of state and is represented in Canada by the governor-general and in each province by a lieutenant governor. The governor-general is appointed by the reigning monarch on the recommendation of the prime minister of Canada. Traditionally, English-speakers alternate with French-speakers as governor-general. The length of term is usually five years.

The governor-general’s role is largely ceremonial; he or she summons, suspends, and dissolves Parliament, gives royal assent to bills that have passed Parliament, authorizes treaties, commissions officers in the armed forces, gives honors such as the Order of Canada, and acts as host to visiting heads of state. He or she has the constitutional right to be consulted and to give advice and thus receives regular visits from the prime minister and government officials.

Officially the governor-general appoints the prime minister and the cabinet ministers. However, he or she must adhere to the advice of the party with the most seats in the House of Commons (the larger chamber of Parliament) in appointing the prime minister and must follow the prime minister’s wishes in appointing the Cabinet. While holding no political power, the governor-general has considerable symbolic power. As the governor-general is above politics, the post serves as a unifying symbol for all Canadians.

B 2

Executive

The executive head of government is the prime minister, generally the leader of the party with the most seats in the House of Commons. Canada’s parliamentary system is modeled on that of Britain (see British Parliament), where the prime minister must be elected from a local riding (district) like any other member of the House of Commons. The prime minister derives his or her executive position by being head of the party, which in most cases votes as a bloc. This is unlike the American system, for example, where the chief executive (the president) is elected separately. In cases where no one party has a majority in Commons, the governor-general chooses the leader most likely to win support from other parties. If a prime minister resigns as leader of the party before an election, the new party leader automatically becomes prime minister until an election can be held.

The responsibilities and powers of the prime minister are far reaching. He or she sets the policy of the government and determines what legislation should be passed. Through the Cabinet, he or she controls all the functions of the federal government, including budget allocations. The prime minister names the cabinet ministers (who are then officially appointed by the governor-general) and also recommends appointees to the civil service, Senate, and judiciary.

The length of term of the prime minister is at most five years, but he or she generally calls an election before then. There is no restriction on the number of terms a prime minister may serve; William Lyon Mackenzie King was prime minister for 13 consecutive years and served two other separate terms. The prime minister may, however, be removed at any time by a vote of no confidence in Parliament—that is, a declaration by the majority of the members that they no longer support the prime minister. A no-confidence vote forces the prime minister either to resign or to call a general election.

The Cabinet consists of as many as 40 members, most of whom are ministers presiding over the various departments of the federal government, such as finance, immigration, labor, or health. They are supported by civil servants headed by a deputy minister. Some members of the Cabinet may be ministers without portfolio, who are not assigned to a department. Although they have no formal legal power, cabinet ministers exercise considerable authority to make and enforce regulations in their various departments through orders issued by the governor-general. The prime minister generally selects his or her Cabinet from party members sitting in Commons, but he or she may also draw them from other parties or the Senate.

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