|
The British North America Act in 1867 provided for the establishment and functioning of political institutions at three levels of representative government in the Canadian Federation
1.)The National or Federal Government
2.)The provincial Government
3.)The local or municipial Government
2.1)The Federal or National Government
This government is similiar to the British parliamentary system, Canada´s institutions consist at the federal or national level of three branches, the executive, the legislative and the judicial. There is no separation of branches - "checks and balances" in Canada.
The Crown is the unifying symbol of these branches.
The government consist of "The Queen, an Upper House (Senat) and the House of Commons.
2.1.1)The Queen
Until today Her Majesty Queen Elisabeth II. is Queen of Canada symbolizing the influence of the British Government system on the Canadian Government.
But her power is limited, in fact reserved to such occasions like a royal visit or the periodic appointment of her personal representative on the advice of the Prime Minister of Canada.
2.1.2.)The Governor General
is appointed by the Queen and the legal representative of Her Majesty for an unfixed term of five years. Under new Letters Patent established on the first of October 1947, he got the power to execute, on the advice of the Queen´s Privy Council, all royal powers and executive authorities of the Crown in relation to Canada. He receives no instructions from Westminster, doesn´t make reports for them, but exercises formal authority as summoning, poroguing and dissolving parliament and assenting to Bills in Queen´s name. Since
1952 Canadians are Governors General of Canada.
2.1.3.)The Queen´s Privy Council
Consists of about 100 members, appointed for life time by the Governor General on the advice of the Prime Minister.
The Council consists chiefly of present and former Ministers of the Crown, but occasionally membership is conferred on former speakers of the Common and the Senate. the Council does not meet as functioning body and the constitutional responsibilities as adviser to the Crown are performed exclusively by a select committee, composed of the Ministers, who actually constitute the Cabinet of the Day.
2.1.4.)The House of Common and the Cabinet
A new House of Common is chosen in a general election usually held at any time within five years after the last election. A normal dissolution before the election follows. The dissolution is pronounced by the Governor General on the advice of the Prime Minister.
If necessary (in Canada only in 1926 and 1963) a general election may be called when a governmental passagge of a vote of want of confidence is defeatet by the House in the government of the day.
The House of Common consists of 295 members from different parties.
The franchise, that is the right to vote is given to all citizens (Canadian citizens or British subjects), male or female, of the age of 21, or to people who have lived in Canada for over 12 months conferring to the polling day, with certain exeption, for example, people who have lived in a penal institution or a mental hospital. Now there is something different. The "active franchise" is for all citizens and British subjects of the age of 18.
The leader of the party which has won the largest number of seats in The House of Common is normally asked by the Governor General to work as the representative of the Queen and to form the Parliament.
This leader becomes the Prime Minister. Normally he chooses members of the House of Commons, but it is also possible to choose other people.
That person has to pass through a by - election to secure his seat in the house.
The Cabinet and the House of Commons are the executive powers in Canada.
The Cabinet is responsible for determining all important policies of government and securing the passage of such legislation, financial measures and administrative provisions.
The members of the Cabinet are also often called Ministers of the Crown.
They represent all regions of the country, and their religious, cultural and social interests.
The references to the executive power, such as the Prime Minister and the Cabinet, the composition and all requirements are not written down in the BNA Act, but part of the unwritten, but nonetheless cherished CONVENTIONAL CONSTITUTION.
The choice off the Canadian citizen doesn´t only say who should form the Parliament, but also designates who becomes the Official Opposition.
The Ministers of the Crown carry out the political responsibilities of their respective departments but the federal service forms the staffs of 20 departments and of various boards, commissions n coporations, bureaus and so on.
The Deputy Minister is the permanent head of the day to day adminstration of a department.
2.1.5.)The Senate
The Senate or Upper House shares the responsibility and the enactment of the federal legislation with the House of Commons.
Bills have to pass both houses before they are signed up by the Governors General.
The influence of the Senate is less than that of the House of Commons in which most public bills are introduced.
But the Senate has the power to perform a valuable service to the nation in amending and delaying the passage of measures that might result from sudden shifts in public oppinion or party strenght.
Senators are appointed by the Governors General on the nomination, by constitutional usage, of the Prime Minister
In 1965 life appointment was reduced by legislation, providing the retirement of Senators by reaching the age of 75 years.
The Senate consists of 104 members, of all regions and territories of Canada.
2.2)Provincial Government
The Provincial Government is part of the Federal Government and therefor represented by a Lieutnant Governor, who is appointed by the Governors General for a term of five years. Although he works for the Federal Government, his powers are exactly the same as those of the Governors General but only in the Provincial Government.The legislative Assembly is elected for a term of five years and only for Quebec a Legislative Council of 24 members appointed for life by the Lieutnant Governor in Council.
The franchise is granted to every adult of the age of 21 although in Quebec and Saskatchewan at the age of 18 and in Alberta, British Columbia and Newfoundland the age is 19.
The legislative powers of the Provincial Government are defined under Section 92 in the BNA - act.
Each of the 10 provinces has a different constitution. The Province Governor represents the Crown and is appointed by the Governor General. He follows the advise of the Prime Minister.
2.3)Territorial Government:
The sparsely populated regions in Canada have a different system of government a local self - government.
For example the local self - government of the Yukon territory is represented by a Commissioner who is resident in Ottawa, and who is appointed by the Federal Government and a locally - elected Legislative Council of seven members, meeting at Whitestone.
The Commissioner is assisted by a Council of 12 members of whom seven are elected.
The Council meets once a year in the territories and at least once each year at Ottawa, which is the seat of the government.
The Administration of Yukon, Indian and Eskimo affairs and of the resources of the territories, except hunting is the responsibility of the Department of Indian Affairs and Northern development.
2.4Local Government:
The smallest of all governments. The Local Government is divided into municipial levels, which again are divided into ten different systems.
The municipalities, are also known as Towns, townships, rural municipalities. Governments corporations in Montreal, Toronto and Winnipeg are organized to provide certain services to a number of area municipalities.
Municipalities have a provincial government and have different powers and responsibilities according to their classification.
The head of a municipality is elected and my be called mayor, reeve or overseer. The responsibilities are mostly relied to keep up the citizens day - life his well - being and the protection.
2.5)The Judiciary:
It is the third element of government and it has to interpret and administer the law. Each province has an magistrate´s court and is furthermore divised into supreme or county courts.
In the provinces all judges except the police magistrates and the judges of the courts of probate in N. S and N. B. are appointed by the Governors General.
Their salaries allowances and pensions are paid by the Parliament of Canada. Pension: 75 years.
The Supreme Court and the Exchequer Court were established in 1875 under the BNA - act. The Chief Justice and the eight puisne judges of the Supreme Court and four puisne judges of the Exchequer Courts are appointed by the Governor General in Council.
They hold office as long as they show good behaviour, but are removable when it is wanted by the Governor General on advise of the senate and the House of Commons. Pension : 75 years. The Supreme Court is in Ottawa and exercises general jurisdiction throughout the country. It answers the Question of the Governor General
The Exchequer Court also sits at Ottawa and at other centres as necessary.
The newest Governor General in Council is Roméro LeBlanc.
The Prime Minister is Jean Crétien.
The last elections were 1995, the new government is on power since the 25th of January 1996.
There are different parties in Canada
1.) The liberal Party
2.) The Reform Party
3.) The New Democratic Party
4.) The Progressive - Conservative Party
5.) The Bloque Quebecois
|
