Search for "Constitution"

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Crown

In a monarchy, the Crown is an abstract concept or symbol that represents the state and its government. In a constitutional monarchy such as Canada, the Crown is the source of non-partisan sovereign authority. It is part of the legislative, executive and judicial powers that govern the country. Under Canada’s system of responsible government, the Crown performs each of these functions on the binding advice, or through the actions of, members of Parliament, ministers or judges. As the embodiment of the Crown, the monarch — currently Queen Elizabeth II — serves as head of state. The Queen and her vice-regal representatives — the governor general at the federal level and lieutenant-governors provincially — possess what are known as prerogative powers; they can be made without the approval of another branch of government, though they are rarely used. The Queen and her representatives also fulfill ceremonial functions as Head of State.

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Patriation of the Constitution

In 1982, Canada fully broke from its colonial past and “patriated” its Constitution. It transferred the country’s highest law, the British North America Act (which was renamed the Constitution Act, 1867), from the authority of the British Parliament to Canada’s federal and provincial legislatures. The Constitution was also updated with a new amending formula and a Charter of Rights and Freedoms. These changes occurred after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country.

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Fathers of Confederation

Thirty-six men are traditionally regarded as the Fathers of Confederation. They represented the British North American colonies at one or more of the conferences that led to Confederation and the creation of the Dominion of Canada. These meetings included the Charlottetown Conference (September 1864), the Quebec Conference (October 1864) and the London Conference (December 1866 to March 1867). Beyond the original 36 men, the subject of who should be included among the Fathers of Confederation has been a matter of some debate. The definition can be expanded to include those who were instrumental in the creation of Manitoba, bringing British Columbia and Newfoundland into Confederation, and the creation of Nunavut. (See also  Fathers of Confederation: Table.)

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Governor General of Canada

Canada is a constitutional monarchy. As such, there is a clear division between the head of state and the head of government. The head of government is the prime minister, an elected political leader. The head of state is the Canadian monarch; their duties are carried out by the governor general, who acts as the representative of the Crown — currently Elizabeth II — in Canada. (Lieutenant-Governors fulfill a similar role in provincial governments.) The governor general has extensive ceremonial duties. They also fulfill an important role in upholding the traditions of Parliament and other democratic institutions. Canada’s most recent governor general was Julie Payette. Following her resignation on 21 January 2021, the chief justice of the  Supreme Court of Canada, Richard Wagner, assumed the responsibilities of the office until a replacement could be confirmed.

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Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is a board of the British Privy Council. It was formed in 1833. In 1844, it was given jurisdiction over all of Britain’s colonial courts. People who had been judges in high courts in Britain served on the Judicial Committee, along with a sprinkling of judges from the Commonwealth. Their decisions were often criticized for favouring provincial powers over federal authority, especially in fields such as trade and commerce. The Judicial Committee served as the court of final appeal for Canada until 1949, when that role was given to the Supreme Court of Canada.  

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Judiciary in Canada

The judiciary is, collectively, the judges of the courts of law. It is the branch of government in which judicial power is vested. It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada. They are responsible for adjudicating personal, sensitive, delicate, and emotional disputes; and for resolving major social, economic, and political issues that arise within a legal context. As such, the judiciary helps mold the social fabric governing daily life.

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Prime Minister of Canada

The prime minister (PM) is the head of the federal government. It is the most powerful position in Canadian politics. Prime ministers are not specifically elected to the position; instead, the PM is typically the leader of the party that has the most seats in the House of Commons. The prime minister controls the governing party and speaks for it; names senators and senior judges for appointment; and appoints and dismisses all members of Cabinet. As chair of Cabinet, the PM controls its agenda and greatly influences the activities and priorities of Parliament. In recent years, a debate has emerged about the growing power of prime ministers, and whether this threatens other democratic institutions.

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Jean Chrétien

Joseph-Jacques Jean Chrétien, CC, PC, OM, QC, prime minister of Canada 1993–2003, lawyer, author, politician (born 11 January 1934 in Shawinigan, QC). Lawyer and longtime parliamentarian Jean Chrétien was Canada’s 20th prime minister. Early in his political career, Chrétien helped negotiate the patriation of the Canadian constitution as well as the Canadian Charter of Rights and Freedoms. As Prime Minister, he led the federal government to its first surplus in nearly 30 years. However, his administration also presided over a costly sponsorship program in Quebec that sparked one of the worst political scandals of modern times. His government committed Canadian forces to the Kosovo conflict (1999) and to the war in Afghanistan (beginning in 2002). Chrétien publicly refused to provide direct support for the subsequent American war in Iraq. The recipient of numerous honours and awards, he is involved in several international organizations dedicated to peace, democracy and other global concerns.