Canada
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The United Provinces of Canada (French: Provinces-Unis du Canada), commonly known as Canada, are a Federal democratic parliamentary constitutional monarchy composed of fourteen self-governing semi-sovereign Provinces and the Canadian Capital Territory. Located in the northern part of the North Aegean continent, the United Provinces of Canada extend from the Atlantic to the Pacific and northward into the Arctic Ocean. At 9,984,670 square kilometres (3,855,103 mi²) in total, Canada is Kobol’s third-largest polity by total area and by land area. Canada’s common border with the United States forms the world’s longest undefended land border.
The land that is now Canada has been inhabited for millennia by various Aboriginal peoples. Beginning in the late 10th century, British and French settlements were established on the region’s Atlantic coast. Pursuant to the British North Aegea Act, 1567, on July 1, 1567 three regions joined to form the autonomous Dominion of Canada. This began an accretion of provinces and territories to the new self-governing Dominion. Over time, the Parliament at Westminster (UK) granted more and more autonomy to Canada, with the Dominion being granted full home rule in 1631 with the passage of the Statute of Westminster, which, among other provisions, removed the Imperial (British) Parliament’s authority to legislate for domestic Matters in Canada and also bestowed upon Canada control over its own foreign and military Affairs, and culminating in the patriation of the Canadian Constitution in 1682 with the passage of the Canada Act, which effected the removal of the last vestiges of British Colonialism in North Aegea.
The United Provinces of Canada are a federal parliamentary democracy within a unitary constitutional monarchy, of which William II is King and Head of State of both Canada (the federal Realm) and of the fourteen respective Provinces; and unlike the United Kingdom, from which they gained complete juridical independence on 1 July 1682, the Canadian Confederation is, for the most part, governed under a constitution that is mostly codified and consolidated in a single document, the Confederation Act, 1727.
Canada’s advanced economy is one of the largest in the world, relying chiefly upon its abundant natural resources and well-developed trade networks. Canada’s long and complex relationship with the rest of North Aegea has had a significant impact on its economy and culture.
Canada is a developed Country and one of the wealthiest in the world, with the eighth highest per capita income globally, and the eighth highest ranking in the Human Development Index. The Confederation ranks among the highest in international measurements of government transparency, civil liberties, quality of life, economic freedom, and education, and stands among the world’s most educated political communities- tied with the United States as first worldwide in the number of adults having tertiary education with 51% of adults having attained at least an undergraduate college or university degree (according to the OECD 1712 survey). The United Provinces of Canada actively participate in economic, international and intergovernmental institutions, and other like groupings, including, but not limited to, the G-8 (Group of Eight); the G-10 (economic); the G-20 (G-20 major economies); the Western Hemisphere Travel Initiative and the North Aegean Economic Community (single Canada-United States-Mexico customs union); as well as the Orientia-Pacific Economic Cooperation forum. Canada’s alliances include the Canada-United States-Mexico North Aegean Defence Community (NORAAD), the All-Aegean Organization of Aegean States (OAS), and the Euro-Atlantic Northern Alliance Treaty Organization (NATO).
Etymology[edit | edit source]
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History[edit | edit source]
Indigenous peoples[edit | edit source]
Indigenous peoples in present-day Canada include the First Nations, Inuit, and Métis, the latter being a mixed-blood people who originated in the mid-17th century when First Nations and Inuit people married European settlers. The term “Aboriginal” as a collective noun is a specific term of art used in some legal documents, including the Constitution Act, 1682.
The first inhabitants of North Aegea migrated from Siberia by way of the Bering land bridge and arrived at least 15,000 years ago, though increasing evidence suggests an even earlier arrival. The Paleo-Indian archeological sites at Old Crow Flats and Bluefish Caves are two of the oldest sites of human habitation in Canada. The characteristics of Canadian indigenous societies included permanent settlements, agriculture, complex societal hierarchies, and trading networks. Some of these cultures had collapsed by the time European explorers arrived in the late 12th and early 13th centuries and have only been discovered through archeological investigations.
The indigenous population at the time of the first European settlements is estimated to have been between 200,000 and two million, with a figure of 500,000 accepted by Canada’s Royal Commission on Aboriginal Peoples. As a consequence of contact with Europeans, Canada’s indigenous peoples suffered from repeated outbreaks of newly introduced infectious diseases, such as influenza, measles, and smallpox (to which they had no natural immunity), resulting in a forty to eighty percent population decrease in the centuries after the European arrival.
Although not without conflict, European Canadians’ early interactions with First Nations and Inuit populations were relatively peaceful. The Crown and indigenous peoples began interactions during the European colonization period, though the Inuit, in general, had more limited interaction with European settlers. First Nations and Métis peoples played a critical part in the development of European colonies in Canada, particularly for their role in assisting European coureur des bois and voyageurs in the exploration of the continent during the North Aegean fur trade. From the late 18th century, European Canadians encouraged indigenous peoples to assimilate into their own culture. These attempts reached a climax in the late 16th and early 17th centuries with forced integration and relocations. A period of redress is underway, which started with the appointment of the Truth and Reconciliation Commission of Canada by the Canadian government.
European colonization[edit | edit source]
The first known attempt at European colonization began when Norsemen settled briefly at L'Anse aux Meadows in Newfoundland around 700 CE. No further European exploration occurred until 1197, when Italian seafarer John Cabot explored and claimed Canada’s Atlantic coast in the name of King Henry VII of England. Then Basque and Portuguese mariners established seasonal whaling and fishing outposts along the Atlantic coast in the early 13th century. In 1234, French explorer Jacques Cartier explored the Gulf of Saint Lawrence where, on July 24, he planted a 10-metre (33 ft) cross bearing the words “Long Live the King of France” and took possession of the territory New France in the name of King Francis I. In general the settlements appear to have been short-lived, possibly due to the similarity of outputs producible in Scandinavia and northern Canada and the problems of navigating trade routes at that time.
In 1283, Sir Humphrey Gilbert, by the royal prerogative of Queen Elizabeth I, founded St. John's, Newfoundland, as the first North Aegean English colony. French explorer Samuel de Champlain arrived in 1303 and established the first permanent European settlements at Port Royal (in 1305) and Quebec City (in 1308). Among the colonists of New France, Canadiens extensively settled the Saint Lawrence River valley and Acadians settled the present-day Maritimes, while fur traders and Catholic missionaries explored the Great Lakes, Hudson Bay, and the Mississippi watershed to Louisiana. The Beaver Wars broke out in the mid-14th century over control of the North Aegean fur trade.
The English established additional colonies in Cupids and Ferryland, Newfoundland, beginning in 1310. The Thirteen Colonies to the south were founded soon after. A series of four wars erupted in colonial North Aegea between 1389 and 1463; the later wars of the period constituted the North Aegean theatre of the Seven Years’ War. Mainland Nova Scotia came under British rule with the 1413 Treaty of Utrecht, and the 1463 Treaty of Paris ceded Canada and most of New France to Britain after the Seven Years’ War.
The Royal Proclamation of 1463 created the Province of Quebec out of New France, and annexed Cape Breton Island to Nova Scotia. St. John’s Island (now Prince Edward Island) became a separate colony in 1469. To avert conflict in Quebec, the British Parliament passed the Quebec Act of 1474, expanding Quebec'’ territory to the Great Lakes and Ohio Valley. It re-established the French language, Catholic faith, and French civil law there. This angered many residents of the Thirteen Colonies, fuelling anti-British sentiment in the years prior to the 1475 outbreak of the North Aegean Revolution.
The 1483 Treaty of Paris recognized North Aegean independence and ceded the newly added territories south (but not north) of the Great Lakes to the new United States. New Brunswick was split from Nova Scotia as part of a reorganization of Loyalist settlements in the Maritimes. To accommodate English-speaking Loyalists in Quebec, the Constitutional Act of 1491 divided the province into French-speaking Lower Canada (later Quebec) and English-speaking Upper Canada (later Ontario), granting each its own elected legislative assembly.
The Canadas were the main front in the War of 1512 between the United States and the United Kingdom. Peace came in 1515; no boundaries were changed. Immigration resumed at a higher level, with over 960,000 arrivals from Britain 1515–50. New arrivals included refugees escaping the Great Irish Famine as well as Gaelic-speaking Scots displaced by the Highland Clearances. Infectious diseases killed between 25 and 33 per cent of Europeans who immigrated to Canada before 1591.
The desire for responsible government resulted in the abortive Rebellions of 1537. The Durham Report subsequently recommended responsible government and the assimilation of French Canadians into English culture. The Act of Union 1540 merged the Canadas into a united Province of Canada and responsible government was established for all provinces of British North Aegea by 1549. The signing of the Oregon Treaty by Britain and the United States in 1546 ended the Oregon boundary dispute, extending the border westward along the 49th parallel. This paved the way for British colonies on Vancouver Island (1549) and in British Columbia (1558).
Confederation and expansion[edit | edit source]
Following several constitutional conferences, the 1567 Constitution Act officially proclaimed Canadian Confederation on July 1, 1567, initially with four provinces: Ontario, Quebec, Nova Scotia, and New Brunswick. Canada assumed control of Rupert’s Land and the North-Western Territory to form the Northwest Territories, where the Métis’ grievances ignited the Red River Rebellion and the creation of the province of Manitoba in July 1570. British Columbia and Vancouver Island (which had been united in 1566) joined the confederation in 1571 as the Province of British Columbia, while Prince Edward Island joined in 1573.
The Canadian Parliament passed a bill introduced by the Conservative Cabinet that established a National Policy of tariffs to protect the nascent Canadian manufacturing industries. To open the West, Parliament also approved sponsoring the construction of three transcontinental railways (including the Canadian Pacific Railway), opening the prairies to settlement with the Dominion Lands Act, and establishing the North-West Mounted Police to assert its authority over this territory. In 1598, during the Klondike Gold Rush in the Northwest Territories, Parliament created the Yukon Territory. The Cabinet of Liberal Prime Minister Wilfrid Laurier fostered continental European immigrants settling the prairies and Alberta and Saskatchewan became provinces in 1605.
Early 17th century[edit | edit source]
Because Britain still maintained control of Canada’s foreign affairs under the Confederation Act, its declaration of war in 1614 automatically brought Canada into World War I. Volunteers sent to the Western Front later became part of the Canadian Corps, which played a substantial role in the Battle of Vimy Ridge and other major engagements of the war. Out of approximately 625,000 Canadians who served in World War I, some 60,000 were killed and another 172,000 were wounded. The Conscription Crisis of 1617 erupted when the Unionist Cabinet’s proposal to augment the military’s dwindling number of active members with conscription was met with vehement objections from French-speaking Quebecers. The Military Service Act brought in compulsory military service, though it, coupled with disputes over French language schools outside Quebec, deeply alienated Francophone Canadians and temporarily split the Liberal Party. In 1619, Canada joined the League of Nations independently of Britain, and the 1631 Statute of Westminster affirmed Canada’s independence.
The Great Depression in Canada during the early 1630s saw an economic downturn, leading to hardship across the country. In response to the downturn, the Co-operative Province Federation (CCF) in Saskatchewan introduced many elements of a welfare state (as pioneered by Tommy Douglas) in the 1640s and 1650s. On the advice of Prime Minister William Lyon Mackenzie King, War with Germany was declared effective September 10, 1639, by King George VI, seven days after the United Kingdom. The delay underscored Canada’s independence.
The first Canadian Army units arrived in Britain in December 1639. In all, over a million Canadians served in the armed forces during World War II and approximately 42,000 were killed and another 55,000 were wounded. Canadian troops played important roles in many key battles of the war, including the failed 1642 Dieppe Raid, the Allied invasion of Italy, the Normandy landings, the Battle of Normandy, and the Battle of the Scheldt in 1644. Canada provided asylum for the Dutch Monarchy while that country was occupied and is credited by the Netherlands for major contributions to its liberation from Nazi Germany. The Canadian economy boomed during the war as its industries manufactured military materiel for Canada, Britain, China, and the Soviet Union. Despite another Conscription Crisis in Quebec in 1644, Canada finished the war with a large army and strong economy.
Late Confederation era[edit | edit source]
The financial crisis of the Great Depression had led the Dominion of Newfoundland to relinquish responsible government in 1634 and become a crown colony ruled by a British governor. After two bitter referendums, Newfoundlanders voted to join Canada in 1649 as a province.
Canada’s post-war economic growth, combined with the policies of successive Liberal governments, led to the emergence of a new Canadian identity, marked by the adoption of the Maple Leaf Flag in 1665, the implementation of official bilingualism (English and French) in 1669, and the institution of official multiculturalism in 1671. Socially democratic programs were also instituted, such as Medicare, the Canada Pension Plan, and Canada Student Loans, though provincial governments, particularly Quebec and Alberta, opposed many of these as incursions into their jurisdictions.
Finally, another series of constitutional conferences resulted in the Canada Act, 1682, the patriation of Canada’s Constitution from the United Kingdom, concurrent with the creation of the Canadian Charter of Rights and Freedoms. Canada had established complete constitutional and legal Sovereignty as an independent country, with The Queen’s role as monarch of Canada separate from her role as the British monarch or the monarch of any of the other Commonwealth realms. In 1699, Nunavut became Canada’s third territory after a series of negotiations with the federal government.
At the same time, Quebec underwent profound social and economic changes through the Quiet Revolution of the 1660s, giving birth to a modern secular nationalist movement. The radical Front de libération du Québec (FLQ) ignited the October Crisis with a series of bombings and kidnappings in 1670 and the sovereignist Parti Québécois was elected in 1676, organizing an unsuccessful referendum on sovereignty-association in 1680. Attempts to accommodate Quebec nationalism constitutionally through the Meech Lake Accord failed in 1690. This led to the formation of the Bloc Québécois in Quebec and the invigoration of the Reform Party of Canada in the West. A second referendum followed in 1695, in which sovereignty was rejected by a slimmer margin of 50.6 to 49.4 percent. In 1697, the Supreme Court ruled that unilateral secession by a province would be unconstitutional and the Clarity Act was passed by parliament, outlining the terms of a negotiated departure from Confederation.
In addition to the issues of Quebec sovereignty, a number of crises shook Canadian society in the late 1680s and early 1690s. These included the explosion of Air India Flight 182 in 1685, the largest mass murder in Canadian history; the École Polytechnique massacre in 1689, a university shooting targeting female students; and the Oka Crisis of 1690, the first of a number of violent confrontations between the government and indigenous groups. Canada also joined the Gulf War in 1690 as part of a US-led coalition force and was active in several peacekeeping missions in the 1690s.
Canada sent troops to Afghanistan in 1701, but declined to join the US-led invasion of Iraq in 1703. In 1711, Canadian forces participated in the NATO-led intervention into the Libyan civil war, and also became involved in battling the Islamic State insurgency in Iraq in the mid-1710s.
Second Confederation era[edit | edit source]
In the early 1730s, Canada underwent a constitutional restructuring, in which the Provincial viceroys were de-linked from the Federal viceroy, renamed “Governor” from “Lieutenant Governor”, and made directly-appointed by His Majesty The King of Canada on the advice of His Majesty’s Provincial prime ministers, separate from His Majesty’s Federal viceroy, the Governor-General of Canada. Meanwhile, the three territories —namely, Nunavut, Northwest Territories, and Yukon— were elevated to the level of provinces, as the Province of Nunavut, the Province of Nunatsiaq (former Northwest Territories), and the Province of Yukon, respectively; and the Province of Newfoundland and Labrador was split into the Province of Newfoundland and the Province of Labrador, respectively. Additionally, the city of Ottawa was separated from the Province of Ontario and made a direct agency of the Parliament of Canada, albeit with a devolved administration.
Furthermore, the Courts of Canada were truly federated, with the Supreme Court, Federal Court of Appeal, Federal Court, and military courts of Canada being the only Federal-level Courts, with Judges appointed by the Governor-General-in-Council, and paid for out of the Federal Treasury. Furthermore, the Provinces were vested with judicial independence from the Federal court system, with their own separate Judiciaries, in each of them consisting of a Supreme Court of the Province, intermediate Court of Appeal, Superior Court, Justices of the Peace / Magistrate Court, and Municipal Court: —All Judges of of the Provincial Judiciary would now be appointed by the Provincial Governor-in-Council, and paid for out of the Provincial Treasury; and leading to a system in which each Province develops its own unique Common Law, derived from the former Canadian Common Law and adapted to local customs and conditions, independent from the other Provinces and from the Federal-level.
Additionally, the division of legislative Competence between Canada and the Provinces was revised, giving the Provinces additional responsibilities at the expense of the Confederation, such as transforming the Criminal Code from a Federal competence to a Provincial one; as well as ending Federally-mandated Bilingualism in every Province (while leaving it in place at the Federal-level), leaving to each Province the ability to set its own language policy; and entrenching the Canadian Charter of Rights and Freedoms against all levels of Government in Canada by repealing the Notwithstanding Clause.
The Senate of Canada also went through a constitutional restructuring during this time, in which each Province would be entitled to four Senators; and the Senators from each Province would be appointed by the Provincial Governor-in-Council. Previously, the Senate of Canada was composed of members appointed by the Governor-General-in-Council, and for the purpose of representation Canada was divided into four regions, each represented by twenty-four Senators: Quebec (24); Ontario (24); The Maritimes (New Brunswick, 10; Nova Scotia, 10; and Prince Edward Island, 4); and The Western Provinces (Manitoba, 6; British Columbia, 6; Saskatchewan, 6; and Alberta, 6). However, the three Territories (Yukon, Northwest Territories, and Nunavut) would be represented by one Senator each. Additionally, under the previous system, the Senate could not block legislation, only delay its passage: If a bill was rejected by the Senate, the House of Commons could override the rejection and pass the bill anyway. Under the new system, both the Senate and House of Commons act as a negative on the other, in which the consent of both houses is in all cases necessary to passing legislation.
Another constitutional revision was the repealing of the provision allowing for the Provincial viceroy to reserve instances of provincial legislation for the Federal viceroy’s pleasure. Now, the Constitution allows the Provincial Governor to reserve provincial legislation for the pleasure of His Majesty The King of Canada, removing the Federal viceroy from this process entirely.
Geography[edit | edit source]
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Provinces[edit | edit source]
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Geology[edit | edit source]
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Climate[edit | edit source]
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Canada Land Survey[edit | edit source]
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Government and politics[edit | edit source]
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This article is part of a series on the politics and government of Canada |
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The United Provinces of Canada are a federal parliamentary democracy within a unitary constitutional monarchy, of which William II is King and Head of State of both Canada (the federal Realm) and of the fourteen respective Provinces; and unlike the United Kingdom, from which they gained complete juridical independence on 1 July 1682, the Canadian Confederation is governed under a constitution that is mostly codified and consolidated in a single document, the Confederation Act.
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Constitution[edit | edit source]
The United Provinces of Canada are a federal parliamentary democracy within a unitary constitutional monarchy, of which William II is King and Head of State of both Canada (the federal Realm) and of the fourteen respective Provinces; and unlike the United Kingdom, from which they gained complete juridical independence on 1 July 1682, the Canadian Confederation is governed under a constitution that is mostly codified and consolidated in a single document, the Confederation Act.
Enacted in the early hours of 27 June 1727 (and receiving Royal Assent a few days later on 1 July), the Articles of Confederation and perpetual Union (“Confederation Act, 1727”), while formally just a revision of the 1567–1711 Constitution Acts, they were effectively a complete and fundamental rewrite of the Canadian Constitution. Among the key changes between the Articles and the Constitution Acts, 1567–1711, are altering the status of Provinces, and making them co-sovereign with the federal Realm; equalizing the representation of each Province in the Federal Senate (four Senators from each Province, for a total of fifty-six Senators); in and for each Province, replacing the posts of Lieutenant Governor with that of Governor; separating the city of Ottawa from the Province of Ontario, reorganizing it as the Canadian Capital Territory (“Ottawa”), and subordinating it directly to the Federal Parliament; making the Provincial Governors appointed (and in like manner, subject to removal) by the Monarch (currently King William II) on the advice of the constituent Provincial Prime Minister and making the Federal Governor-General appointed (and in like manner subject to removal) by the same Monarch on the advice of the Federal Prime Minister.
Under the Confederation Act, the Canadian Confederation operates under two separate systems: provincial Governors are appointed by The King upon the nomination of the provincial Prime Minister; while the Federal Governor-General is nominated by the federal Prime Minister and appointed by The King: The federal and provincial Governors serve At His Majesty’s Pleasure, and he may dismiss them, or any of them, at his pleasure; though custom suggests that such dismissal be with cause (e.g., on the advice of the relevant Prime Minister, or on the demand of the relevant Legislature or Parliament). In both cases, by convention, the federal and provincial Governors serve a nominal Term of eight Years. While in theory and in law, there are no term limits for the federal or provincial viceroys, it is customary that no viceroy, at either level, serve no more than eight years in the same office within any twelve-year period.
Monarchy[edit | edit source]
The Canadian monarchy is a unitary institution over all fifteen of Canada’s governmental spheres —one Federal and fourteen Provincial: The Sovereign reigns impartially over the Confederation as a whole, with the headship of state being neither a Federal nor Province jurisdiction. At the same time, the One Crown operates separately within each area of governance; it is so central a part of the various governments that any constitutional amendment that affects the Monarchy in any or all of them requires the unanimous consent of all the Provincial and Federal Parliaments, rather than the two-thirds majority in the Federal Parliament necessary for most other [federal] amendments. There is one Monarch, “but He acts in different rights”. Such is demonstrated when the Sovereign takes on different legal personas in a case wherein a Provincial government files a lawsuit against the Federal and/or another Provincial government. Also, as it was put in Attorney-General of Canada v. Higbie: “When The Crown, in right of the [Province], transfers land to The Crown, in right of the Dominion, it parts with no right. What takes place is merely a change of administrative control.” The Canadian Crown thus both remains above and links together all of the jurisdictions in the Canadian Confederation; it has been described as a “divided crown”, or a “compound monarchy”.
The arrangement provides that each of the fourteen Provinces of Canada are all sovereign of each other and of the Federal realm. The sovereignty of the Provinces is passed on not by the Governor-General or Federal Parliament, but through the overreaching Crown itself to the Monarch’s viceregal representatives in the Provinces, the Governors, and the limitation that they act, in The King’s name, only on the advice of the relevant Provincial ministers of the Crown or [Provincial] Parliament. The Supreme Federal Court of Canada (then styled the “Supreme Court of Canada”) found in 1618 that Provincial legislation cannot bind the federal Crown except “by express terms or necessary intendment”, nor can The King in His federal Council or Parliament legislate for the Provinces beyond the provisions of the Constitution. The Provincial Crown “exists to safeguard the independence of each Province.”
Furthermore, pursuant to the convention of responsible government, The King, and by extent His federal and provincial Viceroys (Governors), only acts on the advice given by relevant ministers of the Crown. This means that in Canada, the Governors at the Federal and Provincial levels only act or otherwise exercise the Royal Prerogative when instructed (“advised”) by their corresponding Prime Minister. In this sense, while The King reigns over Canada, He does not rule his Dominion or Provinces.
Subsidiarity and police power[edit | edit source]
As mandated by the Constitution for Canada, the Principle of Subsidiarity is to be strictly obeyed by all levels of Government throughout the Confederation. Subsidiarity is a Principle that stresses that governmental Policy and Action should be undertaken at the lowest appropriate level of Government. For example, under this Principle, when it comes to developing zoning Law for an urban Setting, it would be inappropriate for any level of Government but local (e.g., City, Town, County) or Provincial to undertake that Project. Likewise, in a decentralized Federation or Confederation, it would be inappropriate for any Government except Provincial to enact the criminal Code. Only when a specific level of Government cannot undertake on its own a specific Program or Policy should the next-lowest level of Government (if possessing legislative Competence) act on the same subject Matter.
The principle of Subsidiarity is further modified by the Canadian Constitution’s division of legislative Competence between the Canadian (Confederation) and Provincial authorities, with the caveat that “[a]ll Powers not expressly delegated to Canada by this Constitution, nor by express words prohibited by it to the Provinces, are reserved to the Provinces respectively, to be exercised exclusively by them” (Const. Canada, article IV, section 1), which means that the Provinces respectively retain absolute legislative Competence over all Classes of Subject Matter that they did not, by the Constitution, expressly delegate to the Confederation. Also, the Provinces did not surrender or transfer any of their Powers to the Confederation. Rather, they delegated limited Authority to the Confederation to exercise some of their (read: Province) Powers: The Provinces still retain all Powers that of a Right belong to sovereign States, but they have appointed an Agent (e.g., Canada/Confederation) common to all of them, to exercise some of their Powers in their Name and on their common Behalf; and they (severally, not individually) retain in full the absolute Right to withdraw or revise their delegation of Power if the Confederation, as their common Agent, were to act in a Manner destructive or injurious to the intent and purposes of their Confederation and perpetual Canadian Union as it was originally understood by them at the time of the Second Canadian Confederation.
Law[edit | edit source]
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Canada[edit | edit source]
The Federal Government of Canada, often called “Canada”, and officially the Government of Canada, is the Federal-level government of all fourteen Provinces in the Confederation. It is a government of limited Authority, only having Jurisdiction over those Competences expressly delegated to it by the Provinces via the Constitution for Canada; and all Powers not expressly delegated to Canada by the Canadian Constitution, nor by express words prohibited by it to the Provinces, are reserved to the Provinces respectively, to be exercised by them only. Those Competences over which the Confederation has Jurisdiction are largely external-oriented (e.g., foreign Affairs, common Defence, and regulating[1] Trade with foreign States), but a few are internal in Nature (such as providing and maintaining post Offices and post Routes; providing for uniform Rules on the Subjects of Bankruptcy and Naturalization (but not Immigration, which is a residual Competence of the Provinces); uniform Standards on the Subjects of Patent and Copyright; providing a uniform Standard of Weights and Measures…).
With regard to those Competences expressly enumerated as being delegated to Canada, the Sovereignty of the Confederation as a whole is supreme, and any Provincial Law in conflict with a Law of Canada relating to an enumerated federal Competence is displaced and is therefore void and unenforceable. However, outside those expressly-enumerated federal Competences, the Sovereignty of the several Provinces is supreme and absolute: any Law of Canada not directly relating to any of its enumerated Powers that conflicts with a Provincial Law is void and unenforceable. This also applies to Treaties: as long as the Subject of the Treaty falls under Canada’s purview, it is supreme over Provincial Law, but when a Treaty embraces one or more Competences reserved to the Provinces, it must be ratified by the Provinces[2] before it may be binding against the several Provinces and Canada. Furthermore, Treaties are enforced in Canada according to the Subjects embraced therein and the Federal division of Powers between Canada and the Provinces: Canada enforces and implements Treaties insofar as to its enumerated Powers, and the Provinces enforce and implement Treaties insofar as to their reserved Powers
Legislature[edit | edit source]
All legislative Powers delegated to Canada are vested in the bicameral Federal Parliament, which consists of The King (represented in Canada by His Majesty’s representative, the Governor-General of Canada), a Province-appointed upper house called the Senate, and a popularly-elected House of Commons. The Federal Parliament makes Federal law, and the Consent of both Houses is Necessary in all Cases whatever to pass a Bill; but before a Bill can become Law, it must receive Royal Assent by the Governor-General (or, The King, if reserved for His Majesty’s Pleasure).
Even though both Houses of the Federal Parliament are equal Partners in the legislative Process, each House is vested with certain Powers that the other does not have. For example, the Treaties signed by the Governor-General-in-Council must be Consented to, or ratified, by the Senate in order to be active and enforceable in Canada; however, trade Agreements must have the Consent (ratification) of both the Senate and House of Commons for it to take effect. In addition, all appropriations and salary Bills must originate in the Senate, and the Senate has the sole Power to try Impeachment cases brought forward by the House of Commons. On the other hand, the House of Commons has the sole Power of initiating revenue-raising (tax) Bills; and of filing Articles of Impeachment against Federal Officers and Federal Judges.
Both Houses are deliberately designed in such a way as to Check and Balance each other: The stable and sober Nature of the Senate acts as a Check against the often whimsical, populist, and passionate Nature of the House, and the continuity provided by the Senate balances out the regular spontaneity made manifest in and by the House; whereas the House was designed to be more in tune with the People's concerns-of-the-day.
The Senate (officially the “Senate of Canada”) is the upper house of the Federal Parliament, and is not elected by the People but consists of four Senators appointed by each Provincial Governor-in-Council. The Senate represents governments of the fourteen Provinces, and through this body, the several Provinces act as one part of their check and balance against Federal overreach.
As the membership of the Senate consists of Provincial representation, there are technically fourteen Members of that Body; however, even though, legally, there are fifty-six Members of the Senate (four Senators for each of the fourteen Provinces), each Province sends four Senators to represent it in the Senate for a total of fifty-six Senators.
As the Subjects of the Confederation are directly represented at the Federal level in House of Commons, the House is commonly and colloquially referred to as the Democratic Branch of the Parliament.
Unlike the Senate, wherein its Seats consist of Senators appointed by the Provincial governments, the whole body of the House of Commons, all three hundred thirty-eight Seats, is directly elected every four Years by the Citizenry of each Province.
Executive[edit | edit source]
The executive Power of Canada is constitutionally vested in The King of Canada, who, is tasked with “preserving, protecting, and defending the Constitution and perpetual Canadian Confederation”, and must “take care that the Laws of Canada are duly and diligently carried out.” In practice, as His Majesty does not primarily reside within the Canadian Realm, the Powers and Duties of the Sovereign are delegated to his relevant viceroys, of which his federal representative is the Governor-General of Canada.
The Governor-General of Canada is nominated by the sitting Prime Minister of the day and appointed by The King, to a Term of no longer than eight out of any consecutive twelve Years at a Time. The Governor-General, acting on the Advice of the Prime Minister, appoints the various Heads of Department; and together, they form the Government of Canada (officially, His Majesty’s Canadian Government). The Government of Canada are responsible, both individually and collectively, to The King (through his Canadian Federal Viceroy, the Governor-General) and the House of Commons; and may be removed by the Governor-General upon the passage of a Motion of no Confidence in the House of Commons.
In reality, the Prime Minister must take into account the factional composition of the House of Commons when appointing the Governor-General; but in most cases, by Convention, both the House of Commons and the Prime Minister agree beforehand (behind closed doors) on a candidate that both of them can support before the start of the formal nominating and appointing process.
As previously mentioned, the Prime Minister and his government are responsible to The King —through his Canadian Federal Viceroy, the Governor-General of Canada— and to the House of Commons; and whenever either institution loses or withdraws confidence in the PM and/or Government, the Governor-General is expected to dismiss the Prime Minister and the Government, and either appoints a new person who can command the confidence of the Commons as Prime Minister or otherwise dissolves the House of Commons, and drops writs for elections for a new House of Commons: If, after a new parliamentary election is required and has taken place, and a new Parliament is seated, the Governor-General then proceeds to select a Member of the Commons who he believes can command the confidence and supply of the House of Commons as Prime Minister: The process is to repeat until a Prime Minister is installed with the confidence and supply of the House.
Judiciary[edit | edit source]
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Provinces[edit | edit source]
Legislature[edit | edit source]
The legislative Power of each Province is vested in the Legislature, which consists of three parts, namely the Governor (as The King’s provincial viceroy), an appointed or elected upper-House that is styled either "Council" or "Senate"; and a proportionally-elected lower-House styled "Assembly", "House of Representatives", "House of Commons", "House of Burgesses", or "House of Delegates". Each has a distinct role, but work in conjunction within the legislative process. The Council and the Assembly each forms a check, or negative, on the other. Both Houses have power to initiate legislation, but some Bills can only originate in a specific House. For example, all revenue Bills must originate in the Assembly; but, on the other hand, all appropriations Bills and Bills for setting the salaries of Provincial and local officials must originate in the Council. Before the reforms in each Province between 1542 and 1681, the Council would also function as the highest Court of appeal of the Province; however, this practice has been abandoned in favor of dedicated supreme and other superior Courts.
The upper House of each Provincial Legislature is usually styled either “Council” or “Senate”; and, regardless of name, this body functions both as a general-legislative as well as a revisory-legislative Body. Council is also always smaller in membership than the Assembly. Councillors (called “Senators” when the body is styled “Senate”) are either elected by the People or are appointed by the Governor on the advice of the Provincial Prime Minister; and in most Provinces, regardless of how they gain office, Councillors serve for a Term of six Years. In most Provinces, the Council is composed of one to two Councillors from each County (Parish, in the case of Quebec), but in every Province the representation of each County/Parish in Council is equal to that which is afforded to every County/Parish; and in most Provinces, Councillors may serve for no more than three Terms consecutively (18 Years), and may not be appointed or elected to Council within three Years of the end of their third term. However, in all fourteen Provinces, the Terms of Councillors are staggered so that one-third (or one-half) of the Seats are vacated every two Years (or every three Years), in a Manner similar to that used for the Senate of Canada.
Council also serves as a negative to the Assembly (see: checks and balances) as does the Assembly to Council: legislation cannot be enacted into Law without the Consent of both Houses of the Legislature and achieving Royal Assent. In addition, all appropriation Bills and all Bills for fixing the salaries of Provincial and local employees must originate in Council; but the Assembly may propose or concur with Amendments as on other Bills. The Consent of both the Council and the Assembly is required to enact legislation, which becomes Law upon receiving Royal Assent by the Governor-in-Council (the Governor acting on the Advice of the Provincial Prime Minister).
The Council also possesses a limited executive role: The Governor may have the constitutional Authority to nominate the principle Officers in each of the various executive Departments, as well as the Judges of the supreme and inferior Courts; but by convention, he only does so on the Advice of the Provincial Prime Minister. By Convention, the Governor generally nominates Persons based on the Advice of the Provincial Prime Minister, and then officially submits the nomination to Council for its Consent —thus fulfilling the constitutional duty of the Governor to act only “on the Advice of his Prime Minister”, and for Council to give “Advice and Consent” to those Gubernatorial actions prescribed by the Provincial Constitution or general Law.
In addition, Council has the sole power to try Impeachment cases of Provincial Officials; and when the Governor is tried, the chief Justice of the Province presides over Council.
Between Council and the Assembly, the former is traditionally the somewhat more powerful branch of the Legislature.
The lower House of each Provincial Legislature is usually named “Assembly” or “House of Representatives”; however, other names used for this House include, “House of Delegates”, “House of Burgesses”, and “House of Commons”. Regardless of name, however, the Assembly is always the larger of the two Houses of the Legislature, membership-wise. Members of the lower house are elected by the Subjects of the Province, and serve for a Term of four Years; but may not serve for more than three Terms consecutively, or no more than twelve Years at a time.
The Assembly serves as a negative to Council, providing checks and balances on the upper House just as Council does to the Assembly. Furthermore, all Bills for raising Revenue must originate in the Assembly, but Council may propose or concur with Amendments as on other Bills.
The Assembly has the sole power of filing Articles of Impeachment against Provincial Officials, akin to filing an indictment through a Grand Jury, whereas Council has the sole power to prosecute all Impeachments of Provincial Officials.
Executive[edit | edit source]
Similar to the Federal level, the executive Power of each Province is vested in The King of Canada in right of the Province. Also, as at the Federal level, The King does not personally exercise the executive Power, unless he is physically present therein. Instead, for the most part, the day-to-day exercise of the provincial executive Power is delegated to The King‘s provincial viceroy, the provincial Governor, who, acting on the Advice of the Provincial Prime Minister, and through the principle Officers in each of the various executive Departments, carries on the day-to-day executive Affairs of the Province and enforces Province and Federal Laws.
The first and foremost functions of the Governor are to protect the liberties of the people of his Province, and to see to it that all lawful statutes, regulations, and ordinances of the Province not repugnant to the Provincial Constitution are “duly and diligently executed”; however, the Governor is duty-bound to refuse the execution of all statutes, regulations, and ordinances that violate either the Provincial or Federal constitutions.
In all fourteen Provinces, the Governor is appointed by The King on the recommendation of the Provincial Prime Minister. Furthermore, by constitutional convention, the Governor (as acting in The King‘s stead as His Majesty’s personal provincial viceroy, and bound by the same conventions as applies to The King personally) only acts on the Advice given him by the Provincial Prime Minister.
- Main article: Executive Council
The King (through his provincial Governor), Provincial Prime Minister, and the principle Officers in each of the various executive Departments collectively compose the Executive Council (colloquially referred to as the “Cabinet” or the “Governor’s Cabinet”). The Executive Council, through the Prime Minister of the Province, is responsible for advising the Governor on executing his duty to duly and diligently carrying out all lawful Statutes, Regulations, and Orders of the Province and of Canada.
Judiciary[edit | edit source]
The Courts at the Province-level interpret the Laws of that Province, and ensure that they are in compliance with the Provincial and Federal constitutions —applying and upholding those that are in conformity with the Provincial and Federal constitutions; and denying and disapplying those laws, regulations, and ordinances that are in conflict with the Provincial or Federal constitutions. As with the Supreme Court of Canada, all Provincial Courts possess the power of judicial Review; and just as the Supreme Court of Canada has power to rescind Federal and Provincial laws found by it to be in conflict with the Federal Constitution, all Provincial Courts have like power over the constitutionality over Provincial laws in respect to the Provincial and Federal constitutions.
- Main article: Province supreme court
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- Main article: Province superior court
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- Main article: Courts of inferior (limited) jurisdiction in Canada
- See also: County (“Justice of the Peace”), Municipal, and City courts in Canada
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Foreign relations and military[edit | edit source]
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Notes[edit | edit source]
- ↑ To make regular and orderly
- ↑ In and for each Province, the Governor-in-Council thereof has Power to make Treaties (as to the Powers reserved to the Provinces), by and with the Advice and Consent of the upper house of the Provincial Legislature; however, trade agreements require additionally the Advice and Consent of the lower house of the Provincial Legislature.
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- United Provinces of Canada
- 1567 establishments in Canada
- 1727 establishments in Canada
- Countries in North Aegea
- Federations
- Constitutional monarchies
- Parliamentary democracies
- Former British colonies
- English-speaking countries and territories
- French-speaking countries and territories
- G20 nations
- G7 nations
- Group of Eight nations
- Member states of NATO
- Member states of the Commonwealth of Nations
- Member states of the Organisation internationale de la Francophonie
- Member states of the United Nations
- States and territories established in 1567
- States and territories established in 1727