Government and Law Making in Canada
Federal and Provincial governments are made up of three distinct branches:
1.
2.
3.
The Executive Branch
The Legislative Branch
The Judiciary
The Executive Branch
The administrative branch of
government is responsible for carrying
out the plans and policies of the
government. This branch of the
government sets policy, administers
laws, and has the task of controlling
government spending.
At the federal level, the executive
branch comprises the prime minister,
the cabinet, and the public or civil
service.

The Prime Minister is usually the
leader of the political party
holding the most number of seats in
the House of Commons

Those in Cabinet are elected
Members of Parliament (MPs)
appointed by the prime minister to
positions of responsibility.
Examples include Minister of
Finance, Minister of Defense, and Minister of Justice. The prime minister and the cabinet
ministers are also part of the legislative branch of government representing the
constituents of the riding that elected them to parliament.

Public or civil servants conduct the business of the government.
The executive branch of government at the provincial level functions in much the same manner
consisting of a premier, cabinet, and public or civil service. The premier of the province appoints
elected Members of the Legislative Assembly (MLAs) to Cabinet positions.
The Governor General, appointed by the Crown on the advice of Cabinet, represents the British
Crown and is Canada’s head of State.
The Legislative Branch
At the federal level, the legislative
branch, also called parliament consists
of both the House of Commons and the
Senate. It is the legislative branch
that actually passes statute laws and
has the power to amend existing
legislation.

The House of Commons is referred
to as the lower house and is
composed of the elected
representatives of the constituents
in established electoral districts
known as ridings located
throughout Canada.

The Senate is also referred to as
the upper house. Senators are appointed by Governor General on the advice of Cabinet and
can remain there until age 75. The Senate defeat legislation passed in the House of Commons
or send it back to the House for revisions.
At the provincial level, parliament is usually referred to as the Legislature or the Legislative
Assembly. The legislature operates in the same manner as Parliament except the provinces do
not have senates.
Lieutenant Governors of the provinces are appointed by the Governor General and paid by the
Federal Government.
The Judiciary

Part of the government but independent of the other two branches.

Consists of judges, or justices, who adjudicate disputes, interpret the law, and decide on
punishment. Their appointment is based on merit and not political motivation.

Beneath the Supreme Court of Canada, the nation’s highest court, are three levels of
provincial courts: the Provincial Court of Appeal, the Superior Court (for serious offences),
and the Provincial Courts (for less serious offences).

Justices of the higher courts (Court of Appeal and Superior Court) are appointed by federal
officials. Trial court judges for lower courts are provincial appointments.

Justices interpret all laws in light of the Charter of Rights and Freedoms; any laws that
conflict with the Charter may be struck down.
Enacting a Statute
The power to make or pass laws lies solely in the hands of the government in power. The
government may draft legislation that addresses public concerns, reflects its policies, or
considers technical advances.
Here is how the law making process
works at the federal level:

A proposed law or bill is introduced
in the legislature or the Senate.
If introduced by a Cabinet memberusually minister of a department
that will be most affected by the
bill) it is called a government or
public bill.

Government bills rarely defeated if
the government holds the majority
of seats in the House of Commons.

A bill may also be introduced by a
private member, an elective
representative who does not hold a
cabinet position. Although a private
members bill may be initiated by
citizen, lobby groups (such as
MADD), or corporations it is still
introduced by an MP. More difficult
to pass without the support of
Cabinet.

All bills go through first reading
for information. MPs ask voters
for opinions and conduct study to
prepare to debate the bill in the
House.

The second reading is for debate.
Each MP is allowed to speak once
about the contents of the bill.
Changes can be made if serious
flaws are discovered or if good
suggestions are made. Revisions
are usually done so by a committee.

The third reading is just before vote in the house it was introduced as is done so to remind
MPs of the bills details. When members of Parliament vote on a bill, they usually support
their party's position. However, if controversial issues, the government may hold a free vote
allowing MPs to vote according to their conscience or to the wishes of constituents.

If a bill is defeated or parliament adjourns before vote, the bill dies on the floor. If the
government is intent on passing the bill, it would have to be reintroduced in a later session
of Parliament.

If the bill is passed, goes to Governor General for signature declaring it to be in force. The
bill then becomes an Act, is given a Statute number, and is reprinted. The Queen, through her
representative, could withhold consent and refuse to sign a bill, preventing it from becoming
law.
Role of Individuals and Interest Groups
The impetus to make new laws or amend old laws may come from many different sources. As public
opinion changes over time, suggestions may come from individuals, legal experts, lobby groups, or
government legal advisors. Each may recognize the need for new laws in particular situations.
Government appointed advisory boards, such as a Royal Commission, may indicate new laws are
necessary. Governments respond by amending existing laws or creating new ones.

Ordinary citizens can access the political process to influence the laws that government
introduces by convincing legislators that change is necessary.

Lobby groups such as Mothers against Drunk Driving (MADD) not only convinced legislators to
change the law relating to drinking and driving laws, but worked to alter public opinion about
this issue as well. Lobby Groups may also challenge existing laws in court.

Royal Commission or commission of inquiry also influences changes in the law. Royal
Commissions are appointed by the federal Cabinet and their role is to conduct impartial
investigations of specific national problems. For example, after Canadian Ben Johnson was
stripped of his gold medal for testing positive for performance enhancing steroids during the
1988 Olympic Games, the government appointed a Royal Commission to investigate drugs in
sports.