Scribd
Upload
43 views3 pages

How Law Is Made C

This document provides an overview of Canada's constitutional framework and division of powers. It discusses that Canada has a federal system of government where political power is divided between the federal, provincial and local levels. The constitution establishes each level of government's jurisdiction over certain areas like education, natural resources, defense and more. It also outlines the Canadian Charter of Rights and Freedoms and guarantees fundamental rights and freedoms for all Canadians.

Uploaded by

johany7020917lorrein
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
43 views3 pages

How Law Is Made C

This document provides an overview of Canada's constitutional framework and division of powers. It discusses that Canada has a federal system of government where political power is divided between the federal, provincial and local levels. The constitution establishes each level of government's jurisdiction over certain areas like education, natural resources, defense and more. It also outlines the Canadian Charter of Rights and Freedoms and guarantees fundamental rights and freedoms for all Canadians.

Uploaded by

johany7020917lorrein
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 3

Page |9

Topic 3: Constitutional Law

Constitutional Framework

A Federal System of Government


Before Canada ever became “Canada”, it was inhabited by
Aboriginal peoples and British and French settlers. Conflicts
between the French and English resulted in the “Seven Years
War”, in which General Wolfe defeated the French at the Plains of
Abraham and the colonies came under British rule.

When Canada became a nation in 1867, joining the four colonies


of British North America (Ontario, Quebec, Nova Scotia and New
Brunswick), it needed to figure out a way to unify itself and bring
all aspects of the country under one general government.
Because of the different cultures, customs and settlement histories that existed in each
region, each province needed to be able to address its unique issues. The Fathers of
Confederation decided on a federal system of government in order to provide for the
different needs of the provinces as well as the common needs of the nation as a whole.

Federalism or a “federal state” is where the government is divided between a central


authority and smaller units like provinces or states. In Canada’s case, political power is
divided between three levels: the federal government, provincial governments and local
governments.

Canada’s Constitution
The primary function of government is to ensure the well-being of its nation and citizens.
The set of rules that a country uses to define government powers and the rights of
citizens is a constitution.

Although Canada was a nation in 1867, our laws were still subject to review by Britain.
From 1867 to 1982, the British North America Act, 1867 (later renamed the Constitution
Act, 1867) was the central document of Canada’s constitution. The BNA Act covered
the structure of the three branches of government and the sharing of powers between
the federal and provincial governments. You can think of the constitution like that
document your parents wrote up in the imaginary scenario we just did with chores. Up
until 1982, civil liberties or freedoms were not specifically set out in the constitution, but
instead were unwritten and interpreted by the courts.

In 1982, Canada achieved the ability to govern itself when the Canada Act, 1982 was
passed (previously, Britain had the power to legislate for Canada). The Canada Act,
1982 brought together the BNA Act and the Constitution Act, 1982. The Constitution
Act, 1982 is the part of our constitution that contains the Canadian Charter of Rights
and Freedoms.

www.LawLessons.ca Section 1: The Law and You


Justice Education Society Lesson Plan 2: How Law is Made
P a g e | 10

In summary, Canada’s constitution is the highest law of the country. It divides political
and law-making power (this official power to govern and make laws is called jurisdiction)
between the federal and provincial governments in regards to different subjects like
fisheries and transportation. The constitution also includes the Canadian Charter of
Rights and Freedoms.

The Canadian Charter of Rights and Freedoms


The Charter identifies Canadian’s fundamental freedoms and most important rights. It
creates standards for how government agencies must treat us as citizens. The Charter
also creates limits on the power of government to interfere with citizens’ most important
rights and freedoms.

Everyone has the following fundamental freedoms:

 Freedom of conscience and religion


 Freedom of thought, belief, opinion and expression, including freedom of the
press and other media of communication
 Freedom of peaceful assembly
 Freedom of association

Other important Charter freedoms and rights include “Democratic Rights,” such as the
right to vote; “Mobility Rights,” such as the right to enter, leave, live and work in any part
of Canada; “Legal Rights,” such as the right to life, liberty and security of person, the
right to be free from unreasonable search and seizure, the right not to be arbitrarily
detained or imprisoned, right to legal counsel on arrest; and “Equality Rights,” such as
the right to equal benefit and protection of the law without discrimination.

It is important to remember though, that the Charter applies only to the laws, programs
and actions of governments and not the actions of private sector/ non-government
organizations or employers.

Division of Powers
The federal and provincial governments can make laws regarding a particular subject
only if the government is authorized to do so by the Constitution. Both governments
have equal status in the sense that the federal government cannot make laws dealing
with subjects that the provincial government has jurisdiction over.

Conversely, the provincial governments cannot make laws dealing with subjects that the
federal government has jurisdiction over.

This system is known as the division of powers. Neither government can make laws
dealing with subjects the other government has power over.

Sometimes, provincial governments delegate some of their powers to local


governments (both municipalities and regional districts). While each level of government

www.LawLessons.ca Section 1: The Law and You


Justice Education Society Lesson Plan 2: How Law is Made
P a g e | 11

has powers over certain issues, they also sometimes have overlapping jurisdiction and
share powers over certain issues like the regulation of the environment and
transportation.

If you think about the exercise on chores again, the idea of jurisdiction and each person
having his or her own sphere of responsibility was something you tried to sort out. You
may have come to the realization that certain chores might clearly belong to one person
and not another, but sometimes both of you could be in charge of the same chore,
depending on how you think about the chore. This is the same principle applied to the
division of powers of government.

Nevertheless, all citizens are subject to the laws of the federal government. They must
also obey the laws of the province or territory and local governments in which they live
or visit.

Levels of Government – Responsibilities and Services

Federal Government Provincial Government Local Government


National Defence Education Building regulations
Foreign Policy Natural Resources Waste disposal
Citizenship Property Rights Recycling
Copyright Hospitals Road maintenance
Telecommunication Employment / Training Parks and recreation
Defense Police Libraries
Immigration Provincial Courts Water / sewer
Justice Emergency services Animal control
Trade Liquor Distribution Property taxes
Agriculture Licenses City taxes
Protect Canadian Culture Primary Industries Community services
Currency Child Care Regulations Community police
Criminal Law Transportation Fire services
Postal Services Highways, roads and bridges Planning and development
Employment Insurance Managerment of natural Transportation
Customs Canada / Revenue resources Land use regulations
Agency Worker’s Compensation
Penitentiaries Housing
Federal Courts Prisons
Fisheries and Oceans Social Assistance
Aboriginal Peoples, taxation, agriculture, fisheries, forests, industry,
tourism, environment, RCMP/Policing
Fire services, ambulance, road maintenance, building projects

www.LawLessons.ca Section 1: The Law and You


Justice Education Society Lesson Plan 2: How Law is Made

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy