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Federalism in Canada

Federalism is a political system in which government power and responsibility is divided between a federal legislature and state or provincial legislatures. A true federation, in the modern sense, is a state in which the smaller parts are not sovereign and cannot legally secede. In practice, Canadian federalism has swung between the extremes of centralizing control and decentralizingit. The federal government has jurisdiction over the entire country. Each provincial government has jurisdiction over its portion of the population and region. Both levels of government get their authority from Canada’s written Constitution; but it includes features that are incompatible with a strict approach to federalism. Canadian federalism has been tested throughout the country’s history. It remains a subject of great debate.

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Constitution Act, 1982

The Constitution Act, 1982 is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. It also enshrined the Charter of Rights and Freedoms in Canada’s Constitution, the highest law of the land. The Act was passed after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country. (See Patriation of the Constitution.)

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Manitoba Act

The Manitoba Act provided for the admission of Manitoba as Canada’s fifth province. It received royal assent and became law on 12 May 1870. It marked the legal resolution of the struggle for self-determination between people of the Red River Colony and the federal government, which began with Canada’s purchase of Rupert’s Land in 1870. The Act contained protections for the region’s Métis. However, these protections were not fully realized. As a result, many Métis left the province for the North-West Territories.

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Cabinet

In Canada’s parliamentary system of government, the cabinet is the committee of ministers that holds executive power. Cabinets are chaired by the prime minister (or in the provinces, by the premier). Ministers are typically elected politicians drawn from the party holding the most seats in the House of Commons (or the provincial legislature). Cabinets are traditionally strong, consensus-driven bodies; although some believe their influence is waning in the face of powerful prime ministers and their advisers.

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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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Court System of Canada

The court system of Canada forms the judicial branch of the federal, provincial and territorial governments. It is independent of the legislative and executive branches of government. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts. It gives the provinces exclusive power over the administration of justice in each province. Canada has four levels of court: the Supreme Court of Canada; the Federal Court and the Federal Court of Appeal, as well as provincial and territorial courts of appeal; provincial and territorial superior courts; and provincial and territorial (lower) courts. Each type of court has the authority to decide specific types of cases.

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Writing-On-Stone Provincial Park

Writing-on-Stone Provincial Park is located in southern Alberta, just north of the Canada-US border. To the Siksikaitsitapi (Blackfoot Nation), the site is known as Áísínai’pi, which means “it is pictured” or “it is written” in the Blackfoot language. The park features thousands of rock paintings and carvings created by the Siksikaitsitapi, most of which date to 1050 BCE. Established as a provincial park in 1957, Áísínai’pi was designated a National Historic Site in 2004, and a UNESCO World Heritage Site in 2019.

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Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of Canada’s Constitution. The Charter guarantees the rights of individuals by enshrining those rights, and certain limits on them, in the highest law of the land. Since its enactment in 1982, the Charter has created a social and legal revolution in Canada. It has expanded the rights of minorities and criminal defendants, transformed the nature and cost of criminal investigations and prosecutions, and subjected the will of Parliament and the legislatures to judicial scrutiny — an ongoing source of controversy.

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Wasaga Beach

Wasaga Beach, ON, incorporated as a town in 1974, population 20,675 (2016 census), 17,537 (2011 census). The Town of Wasaga Beach is located on the shores of Georgian Bay at the mouth of the Nottawasaga River, about 40 km northwest of Barrie. Wasaga Beach is the world's longest freshwater beach. The name was derived from the Nottawasaga River.

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Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

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Charlottetown Accord

The Charlottetown Accord of 1992 was a failed attempt by Prime Minister  Brian Mulroney and all 10 provincial premiers to amend the Canadian Constitution. The goal was to obtain Quebec’s consent to the Constitution Act, 1982. The Accord would have recognized Quebec as a distinct society; decentralized many federal powers to the provinces; addressed the issue of Indigenous self-government; and reformed the Senate and the House of Commons. The Accord had the approval of the federal government and all 10 provincial governments. But it was rejected by Canadian voters in a referendum on 26 October 1992.

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Albert Grey, 4th Earl Grey

Albert Henry George Grey, 4th Earl Grey, governor general of Canada from 1904 to 1911 (born 28 November 1851 in London, United Kingdom; died 29 August 1917 in Howick, Northumberland, United Kingdom). Earl Grey established awards that honour Canadian arts, drama and sports. The Grey Cup is still presented to the winning team of the Canadian Football League championship.

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Federal Government

The federal government is the national government of Canada, centred in Ottawa. The term can refer narrowly to the Canadian Cabinet, or more broadly to the Cabinet and the public service.

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Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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Áísínai’pi (Writing-on-Stone)

Áísínai’pi is the location of thousands of rock art images in Writing-on-Stone Provincial Park in southern Alberta. In the Blackfoot language Áísínai’pi means “it is pictured” or “it is written.” Painted and carved onto sandstone cliffs, most of the art was created by the Siksikaitsitapi (Blackfoot Nation) around 1050 BCE. Taken together, these images represent the largest concentration of Indigenous rock art in the North American plains. Áísínai’pi was designated a National Historic Site in 2004, and a UNESCO World Heritage Site in 2019.

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Elections

Elections are a process in which Canadian citizens express their preferences about who will represent and govern them. Those preferences are combined to decide which candidates will become Members of Parliament. Elections are fundamental to the operation of democracy in Canada as they are the central means by which citizens grant authority to those who govern them.

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Peace, Order and Good Government

“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”