Government and Statute Law

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Government and Statute Law

• Chapter 3

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Laws have to.

• Meet legal challenges and approval of citizens.
• They must be enforceable.
• Should present a balance between competing
  interests.
• Must be constitutional!
• Should do what they are intended to do.
• Be within the jurisdiction of the authority
  making the law.

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Canadas Constitution

• The British North America Act was passed by the
  British parliament in 1867 and was proclaimed
  into law on July 1st, Canadas birthday!
• It established Canada as a country with John A.
  Macdonald as its first Prime Minister.
• While the BNA act recognized Canada as a separate
  political entity, it still couldnt make changes
  without Britains approval.

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Federal System

• While deciding what system to use in Canada, the
  Federal system seemed the best choice.
• Under a Federal System, the responsibilities for
  governing were divided between two levels of
  government, the central government and the
  provincial government.
• Each government had their own jurisdictions but
  the Feds could override a provincial law if it
  was seen as not in the best interest of all
  Canadians.
• Because it came from the BNA act, it includes the
  monarch as the head of state and the principle of
  the rule of law.

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• Section 91 of the BNA act outlined the federal
  governments powers, usually matters that applied
  to everyone, such as postal service or currency.
• Section 92 outlined the provincial governments
  powers, such as education.
• Provinces delegated their responsibilities to
  municipal governments for local matters.

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Federal and Provincial

• Banking
• Foreign affairs
• Criminal Law
• Public debt
• Defence
• Trade and commerce
• Postal service
• Penitentiaries

• Education
• Health care
• Labor and Trade unions
• Property and civil rights
• Compensation to injured workers
• Marriage

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Doctrine of Ultra Vires

• Government may make laws only in its own
  jurisdiction.
• Called Intra Vires, within the power of
  government to pass laws.
• If a government attempts to pass laws out of its
  jurisdiction it would be said to be Ultra Vires,
  beyond the power of government to pass laws.

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Patriating the Constitution

• As you know, the BNA act was Canadas
  constitution, but it had problems, the biggest of
  which was Canadas independence from Britain.
• In 1931, the Statute of Westminster was passed,
  greatly extending Canadas law-making power. Now
  Canada could make its own laws and they could not
  be overruled by Britain.
• The BNA act limited Canadas independence, did
  not make mention of a Prime Ministers office,
  was unclear regarding jurisdiction over resources
  and did not allow for responsibilities that did
  not exist in 1867.
• The federal and provincial governments agreed to
  share the cost of areas not identified in the
  act.
• For all these reasons, and the fact that the act
  did not protect civil liberties, the constitution
  had to be brought home!

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• Prime Minister Pierre Elliot Trudeau wanted to
  Patriate or bring home the constitution. After
  several attempts to get the provinces to agree,
  finally, without the approval of Quebec, the
  Constitutional Act of 1982 was born. It included
  the BNA act but had four new key elements..
• 1. A principle regarding the equalizing of
  services across Canada.
• 2. A clearer interpretation of who was
  responsible for control and management of natural
  resources.
• 3. A formula indicating what terms would be
  necessary to make future amendments to the
  constitution.
• 4. Canadian charter of rights and freedoms was
  included, guaranteeing individual rights and
  freedoms.
• It also made provisions for the Principle of
  Equalization, which provides for equal access to
  essential services for all Canadians.
• Finally, an amending formula was agreed upon
  which required the approval of Parliament plus
  two-thirds of the provinces representing 50 of
  the population.

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Government and Lawmaking

• The executive branch of government is responsible
  for carrying out the governments plans and
  policies.
• It consists of the prime Minister, the Cabinet
  and the public or civil service.
• Members of cabinet are elected representatives
  appointed by the Prime Minister to positions of
  responsibility.
• The executive branch at the provincial level
  works much the same way.

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The Legislative Branch

• Refers to the branch of government that has the
  power to make, change and repeal laws.
• Federally, this is the House of Commons and the
  Senate.
• Provincially, it the Legislative assembly.
• The Governor General, Michaelle Jean and the
  Lieutenant Governor, Mayann E. Francis, are
  appointed to represent the Queen.

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The Judiciary

• The branch of government responsible for
  presiding over Canadas court system.
• It is independent of the other two branches.
• Made up of judges who adjudicate disputes,
  interpret the law and decide on punishments.
• Apolitical and independent!
• Highest court is the Supreme Court of Canada.

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From A Bill To A Statute

• Only the government can pass laws! The laws must
  be constitutional and should reflect public
  concerns and government policies. A proposed
  piece of legislation is called a Bill.
• Royal commissions, advisory boards, interest
  groups and Ministers initiatives all can have an
  influence on proposed legislation.
• Here are the steps involved in passing a Bill
  into law..

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• A bill introduced by a Cabinet Minister is called
  a government or public bill.
• A bill may also be introduced by an elected
  representative who does not hold a Cabinet post.
  Then its called a Private Members Bill.
• Government bills almost always pass if the
  government has a majority in the house. Its much
  more difficult for a private members bill
  because it may not have government support.
• Here are the steps involved
• 1. Draft legislation is put together by the
  government department involved.
• 2. First reading in the house, where the bill is
  introduced and its purpose is discussed. The bill
  is printed and distributed.

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• 3. Second reading, where the principle of the
  bill is debated, each member has a chance to
  comment and then the bill may be referred to
  committee for revision and further examination.
• 4. Third reading, debate is restricted to the
  contents of the bill.
• 5. The bill goes to the Senate where the same
  steps take place. The Senate also checks that the
  bill does what is intended, is not redundant and
  is constitutional.
• 6. Bill is returned to the house for a vote.
• 7. If the bill passes it goes to the governor
  general for Royal assent and proclamation.
• 8. The bill is now a statute or act of
  parliament, and of course, a law!
• 9. Provincial laws follow the same process, but
  with no Senate, once its passed it goes directly
  to the Lieutenant Governor.

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Lobby Groups

• Lobby groups, people who try to influence
  legislators in favor of their cause, can be very
  influential in getting laws changed or new laws
  passed.
• MADD, and The Coalition for Gun Control, are two
  good examples of groups who have influenced
  government to change laws.
• Sometimes specific national problems may require
  a government investigation. Often this involves a
  Royal Commission, which is appointed by the
  federal Cabinet to conduct impartial
  investigations. An example would be the Royal
  Commission on Canadas blood supply.
• A report from a royal commission is referred to
  as a white paper.