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Ontario and Saskatchewan in Court Over Carbon Tax

The province of Saskatchewan argued to the Saskatchewan Court of Appeals that the federal governmentshould not be able to impose a carbon tax on unwilling provinces, which also include Ontarioand New Brunswick. Representatives for the federal government argued that it is a “regulatory charge,” not a tax, and that carbon emissions fall within federal jurisdiction because they are a matter of “national concern.”

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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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Territorial Government in Canada

Under Canada’s federal system, the powers of government are shared between the federal government, provincial governments and territorial governments. The territories — Northwest Territories, Nunavut and Yukon — are governed by their respective governments. They receive their legislative authority (the ability to create laws) from the federal government. Ottawa has given territorial governments authority over public education, health and social services; as well as the administration of justice and municipal government. More and more of these powers have been handed down from the federal government in a process called devolution. Crown-Indigenous Relations and Northern Affairs Canada is the federal ministry responsible for the 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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National Energy Program

The National Energy Program (NEP) was an energy policy of the government of Canada from 1980 through 1985. Its goal was to ensure that Canada could supply its own oil and gas needs by 1990. The NEP was initially popular with consumers and as a symbol of Canadian economic nationalism. However, private industry and some provincial governments opposed it.

A federal-provincial deal resolved controversial parts of the NEP in 1981. Starting the next year, however, the program was dismantled in phases. Global economic conditions had changed such that the NEP was no longer considered necessary or useful. The development of the oil sands and offshore drilling, as well as the rise in Western alienation and the development of the modern Conservative Party of Canada, are all aspects of the NEP’s complicated legacy.

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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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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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National Flag of Canada

The National Flag of Canada, also known as the Canadian Flag or the Maple Leaf Flag (l’Unifolié in French), consists of a red field with a white square at its centre in which sits a stylized, 11-pointed red maple leaf. A joint committee of the Senate and House of Commons voted for the present flag in 1964 against formidable odds. After months of debate, the final design, adopted by Parliament and approved by royal proclamation, became Canada’s official national flag on 15 February 1965.

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Exercise Tocsin B

Exercise Tocsin B was a nationwide nuclear preparedness drill that lasted 24 hours between 13 and 14 November 1961. It was the last of three national survival exercises named Tocsin in 1960–61. It was also the largest and most widely publicized civil defence drill ever held in Canada. This Cold War exercise run by the Canadian Army simulated the impact of thermonuclear warfare in Canada. Its goals were to show how the state would warn Canadians of such an attack and how government would continue during the crisis. By raising popular awareness of the potential for a devastating nuclear attack, Tocsin B showed Canadians what was at stake in the Cold War.

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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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Erin O’Toole

Erin O’Toole, leader of the Conservative Party of Canada and leader of the Opposition (2020–), Member of Parliament (2012–) (born 22 January 1973 in Montreal, QC). Erin O’Toole served in the Royal Canadian Air Force and worked as a corporate lawyer before being elected the Member of Parliament for Durham, Ontario, in 2012. He served as Minister of Veterans Affairs from 2015 to 2019. In August 2020, he was elected leader of the Conservative Party of Canada and became the leader of the Opposition.

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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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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.

timeline event

New Brunswick Election Ends in Standoff

The New Brunswick general election ended with Blaine Higgs’s Conservative Party winning the most seats with 22 — three shy of a majority. Having won the popular vote by a 6 per cent margin but with only 21 seats, incumbent Liberal Premier Brian Gallant refused to step down. The Liberals and Conservatives were unable to gain support of the Green and People’s Alliance parties, which won 3 seats each, leaving no party or coalition with a majority. On 2 November, the legislature voted against Gallant’s throne speech, giving Higgs the opportunity to form a government. He was sworn in as Premier on 9 November.