what canadian prime minister was responsible for patriating the canadian constitution

What is patriation of Canada?

Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982.

Who was the first Prime Minister to support patriation of Canada?

In 1968, Pearson was succeeded by Pierre Trudeau, who also advocated patriation. He made several attempts, including the Victoria Charter in 1971 and more proposed amendments in 1978.

What does the Prime Minister of Canada do?

Prime Minister of Canada. The prime minister of Canada is the most powerful political figure in the country — head of the federal government and normally the leader of the largest party in the House of Commons.

Who made the changes to the Canadian constitution?

When Canada was created, it was a self-governing British colony. TheBritish North America Act, 1867, codified many constitutional rules for Canada, but major changes to the Constitution could only be made by the United Kingdom Parliament.

When was Canada's Constitution repatriated?

April 17, 1982The Constitution was patriated on April 17, 1982, without the consent of the Quebec legislature, but the Supreme Court of Canada subsequently ruled that the patriation process had respected Canada's laws and conventions, and that the Constitution, including the Constitution Act, 1982, was in force throughout Canada.

Why was the Canadian constitution repatriated?

Trudeau's Referendum Campaign Promise Since the 1920s, Canadian governments had been trying and failing to agree on a way to patriate (take back from Britain) and amend (change) the country's original Constitution (the British North America Act).

Which Canadian province did not agree to the 1982 Constitution and why?

Canada A Country by Consent: Patriation of the Constitution: Why Quebec Refused to Sign in 1982. Quebec had two main reasons for not signing the agreement which brought the Canadian. constitution home. With the new amending formula Quebec lost its.

Who proclaimed the amended Constitution of Canada in 1982?

On December 2, 1981, the Canadian House of Commons approved Trudeau's constitutional reform resolution with a vote of 246 to 24 (only the representatives from Quebec dissented), and on April 17, 1982, Queen Elizabeth II declared Canada's independence from the British Parliament.

What is Section 35 of the Canadian Constitution?

35 (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, aboriginal peoples of Canada includes the Indian, Inuit and Métis peoples of Canada.

How did the repatriation of the Canadian Constitution in 1982 change the Indian act?

The proposed change to the Oath allows new Canadians to share in this recognition regardless of where they live in Canada. Section 35 of the Constitution Act, 1982 specifically recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada.

When was the last time the Canadian constitution was amended?

The last attempt at a comprehensive package of constitutional amendments was the Charlottetown Accord, which arose out of the failure of the Meech Lake Accord. The Charlottetown Accord was defeated in a national referendum in 1992.

How many provinces have to agree to a change to the Constitution?

seven provincesThere must be at least seven provinces that approve the change, representing at least 50% of Canada's population. This is often called the 7 + 50 rule. This means that provinces with large populations will typically need to approve a change in order for the amendment to succeed.

What provinces signed the 1982 Constitution?

Section 52(2), in addition to containing many Imperial Statutes, contains eight Canadian statutes, three of which created the provinces of Alberta, Manitoba and Saskatchewan, and five of which were amendments to the Constitution Act, 1867.

Why did the government create the Constitution Act, 1982?

The Constitution Act, 1982 has several parts. It includes the Canadian Charter of Rights and Freedoms. It protects the rights of Aboriginal peoples. It affirms that the Constitution is the supreme law of Canada, and that courts can "strike down" laws which are unconstitutional.

Who created the Canadian Constitution?

Canada was created by an act of the Parliament of the United Kingdom called the British North America Act, 1867 (now known as the Constitution Act, 1867) uniting the British colonies of the United Province of Canada, Nova Scotia, and New Brunswick.

What happened in the Constitution Act of 1982?

The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedoms and other provisions, including the rights of Indigenous peoples and the procedures for amending the Constitution of Canada.

Why did the Constitutional Act of 1791 happen?

The bill had four main objectives: 1) to guarantee the same rights and privileges that were enjoyed by other subjects in British North America; 2) to give colonial assemblies the right to levy taxes to pay for local civil and legal administration, thus easing the burden on Britain's treasury; 3) to justify the division ...

Why was the Canadian Constitution created?

Canada's Constitution was created by the United Kingdom because Canada was originally a colony of the UK. The Constitution Act, 1867 created the federal system of government. Canada could not change or add to this.

What is the purpose of the Canadian Constitution?

A constitution provides the fundamental rules and principles that govern a country. It creates many of the institutions and branches of government, and defines their powers.

What is the only way Canada's Constitution can be changed?

The Canadian Constitution can only be amended with the approval of the provincial governments.

Who had the power to amend the Canadian Constitution?

Prior to 1982, power to amend the Canadian constitution was held by the Parliament of the United Kingdom (subject in some respects to request and consent from Canada); hence some have felt that the term patriation was more suitable than the term repatriation (returning something).

What was the Quebec patriation?

Patriation was given a new impetus after the 1980 referendum on Quebec independence, before which Trudeau promised a new constitutional agreement if the majority of Quebecers voted "No". After a number of days of negotiation and the leak of the Kirby Memo which antagonized Quebec, by an "internal federal source", after provincial premiers consulted at the Chateau Laurier, drafted a list of 10 powers to be devolved to the provinces in exchange for consent to patriation. Trudeau, when presented with the document, refused to accept it and reiterated his threat that he would seek the House of Commons' approval to proceed with a unilateral amendment. Faced with Premier of Manitoba Sterling Lyon 's charge that it would "tear the country apart", Trudeau responded that, if Canada could not have control of its own constitution and a charter when most provinces had their own, the country would deserve to be torn apart.

What is the process of te e patriation?

t. e. Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the British parliament had retained the power to amend Canada's Constitution Acts (Statute of Westminster sec.

When did Trudeau and Davis meet?

The decision set the stage for a meeting amongst all premiers and Trudeau in Ottawa, on November 2, 1981. The conference opened with Trudeau announcing an openness to a new amending formula, Davis postulating that his cabinet could accept an agreement without an Ontario veto, and Hatfield proposing deferral of some elements of a charter. This was seen as a general opening toward the provincial proposal, though Trudeau declared the charter was non-negotiable.

What was Trudeau's first attempt at a federal concession?

He made several attempts, including the Victoria Charter in 1971 and more proposed amendments in 1978. At the 1978–1979 conference, Trudeau prepared for the first time to provide some federal concessions with regard to the division of powers, including family law, fisheries, and resources.

When did Canada become a monarchy?

Patriation was subsequently confirmed by the Constitution Act, 1982, part of the Canada Act 1982. A proclamation bringing the Constitution Act, 1982 into effect was signed by Elizabeth II, as Queen of Canada, then-Prime Minister Pierre Trudeau and then-Minister of Justice Jean Chrétien on April 17, 1982, on Parliament Hill, in Ottawa. The queen's constitutional powers over Canada were not affected by the act. Canada has complete sovereignty as an independent country, however, and the Queen's role as monarch of Canada is distinct from her role as the British monarch or the monarch of any of the other Commonwealth realms.

What was the Prime Minister's proposal in the House of Commons?

The Prime Minister's proposal in the House of Commons, which would be tabled as the Canada Bill, invited Aboriginal, feminist, and other groups to Ottawa for their input on the charter of rights in legislative committees.

Who was the first prime minister of Canada?

Sir John Alexander Macdonald, lawyer, businessman and the first prime minister of Canada. (photo by William James Topley, courtesy Library and Archives Canada/c-10144) Sir John Alexander Macdonald, lawyer, businessman and the first prime minister of Canada.

When did Quebec accept the Constitution?

After refusing to put its provincial signature on the patriated 1982 Constitution, Quebec’s acceptance finally seemed secured in June 1987. The first ministers of the federal and provincial governments reached agreement on a series of reforms spelled out in the Meech Lake Accord. ( See also Meech Lake Accord: Document .) The deal was reached earlier in the year on the initiative of Prime Minister Brian Mulroney.

What is the Constitution?

The Constitution Act, 1867 (formerly called the British North America Act) is of central importance in the Canadian Constitution. It outlines the distribution of powers between the federal and provincial legislatures. The Constitution Act, 1982, which includes the Charter of Rights and Freedoms , is also of high importance.

Why are Canadian provinces not equal?

This is in part because they were added or created at various times. Saskatchewan ’s founding statute, for example, said that it could not tax the Canadian Pacific Railway . Quebec and Manitoba were required to publish their laws and allow proceedings in their courts and legislatures in both English and French.

Why did Lord Durham come to Canada?

Governor General Lord Durham came to the Canadas in 1838 after the rebellions . He regarded French Canadians as unprogressive and lacking in history and culture. This view, of course, outraged French Canadian elites. Durham feared the French Canadians would use any independent political powers it might acquire to frustrate the policies and objectives of the government. He argued for a “fusion” of the legislatures of Upper and Lower Canada into a single government. This would allow the “more reliable” English-speaking elite to dominate.

What is Quebec's civil law system?

Quebec’s Civil Law system is derived from France. From Britain comes the principle of parliamentary supremacy. It is modified in Canada’s federal structure by the distribution of powers and the Charter of Rights and Freedoms . Both of these were influenced by the American system of government.

What are some examples of constitutional conventions in Canada?

An example of a constitutional convention in Canada is that the person elected prime minister or premier must have the support of the elected branch of the legislature to remain in power. Another is that seats on the nine-member Supreme Court of Canada should be allocated regionally.

What is the constitution of Canada?

The constitution of Canada provides the rules that Canada’s government must follow — both in terms of how the government operates politically, as well as what it can and cannot do to its citizens.

What is the Canadian Constitution?

When we talk about the Constitution of Canada, we’re not talking about a single document, but rather a bunch of different ones that collectively make up the highest levels of Canadian law.

What is the preamble of the United Kingdom?

The preamble’s other important phrase is “ a constitution similar in principle to that of the United Kingdom .”. The Constitution of the United Kingdom operates more on tradition and custom than clear, explicit rules, and this was also intended to be the case with Canada.

What is the British North America Act?

The British North America Act / Constitution Act, 1867. Written in Victorian legalese, the Constitution Act, 1867 — which is the post-1982 name for the British North America Act — is not an easy thing to read, nor does it say a lot of things you might expect. Though it’s the document that spells out Canada’s system of government, ...

What is the most important document in Canada?

The most important of these is the Constitution Act of 1867, also known as the British North America Act. It outlines Canada’s system of government, including the structure of Parliament, the way elections work, the role of the monarchy, the powers of the executive branch, and the division of powers between the federal government and the provinces. ...

How many parts are there in the Constitution Act of 1867?

Parts of the Constitution Act, 1867. The Constitution Act is divided into 11 parts which are divided into 147 sections. There are also six “schedules” at the end that clarify in greater detail things mentioned earlier in the document. Parts I and II are essentially the preamble, that describe the context of Canada’s 1867 union.

What is the purpose of Part VII?

Part VIII sets out some of the debt and payment deals that were worked out between the colonies as part of the terms of the 1867 union, as well as some general economic rules and regulations the governments of Canada must follow.

What was the British government willing to do with Canada?

With the Statute of Westminster in 1931, Britain was willing to grant full autonomy to the self-governing parts of its empire , including Canada. ( See also Commonwealth .) But Canadians were left with a dilemma: If Canada accepted the transfer of constitutional power from Britain, and was free to amend its own Constitution, how would this be done? Should the federal government be allowed to amend the Constitution unilaterally, or was provincial consent required? Did all the provinces need to agree to an amendment, or just a majority? Should all provinces be counted equally, or should larger provinces have more say than smaller ones? And should Quebec have a veto that would allow it to protect the interests of Canada’s French Canadian minority? Until Canadians could settle these questions, the British Parliament retained the authority to amend Canada’s Constitution.

What was the most important act of the British in Canada?

The most important of these was the British North America Act (now called the Constitution Act, 1867 ).

What was Trudeau's proposal to Britain?

The new “repatriated” Constitution would now include a formula for future amendments. It would also include a Charter of Rights and Freedoms . Despite being enshrined in the Constitution, the Charter contained clauses that could be overridden for short periods by the federal Parliament or the provincial legislatures. ( See Notwithstanding Clause .) Britain approved the deal, which was signed by Queen Elizabeth II on 17 April 1982. ( See Patriation of the Constitution.)

What is the highest law in Canada?

It also enshrined the Charter of Rights and Freedoms in Canada’s Constitution, the highest law of the land. The Act was passed after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country. ( See Patriation of the Constitution.)

What was the turning point in Quebec?

The turning point came with the Quebec referendum on sovereignty-association in May 1980. During the campaign, the federal government under Pierre Trudeau promised Quebecers that Ottawa would re-open constitutional negotiations. After the separatists were defeated in the referendum, Trudeau immediately began a process to create a charter of rights and an amending formula (the criteria that would have to be met to make future changes) for the Constitution.

What is the notwithstanding clause?

Under the notwithstanding clause, the federal or provincial governments can exempt any law from certain Charter provisions. ( See also Constitution Act, 1982 Document .)

When did Canada gain independence?

April 24, 2020. The Constitution Act, 1982 is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. It also enshrined the Charter of Rights and Freedoms in Canada’s Constitution, the highest law of the land.

Who has the power to govern Canada?

The Queen has the executivepower in Canada, but in our democratic society the Queen 's powers are exercised by constitutional convention on the advice of Ministers who enjoy the confidence of the House of Commons. Together, the Prime Minister and other Ministers form the cabinet, which is responsible to Parliament for government business. Ministers are also responsible for government departments, such as the Department of Finance and the Department of Justice. When we say "the government," we are usually referring to the executive branch.

What is the role of the Prime Minister and other Ministers in the government?

Together, the Prime Minister and other Ministers form the cabinet, which is responsible to Parliament for government business. Ministers are also responsible for government departments, such as the Department of Finance and the Department of Justice. When we say "the government," we are usually referring to the executive branch.

What is the Canadian Charter of Rights and Freedoms?

It was only with the Canadian Charter of Rights and Freedoms that human rights in Canada were protected in the written Constitution. The Constitution Act includes protection for the rights of the Aboriginal peoples (Indian, Inuit, and Métis) of Canada. Section 35 of the Constitution Act recognizes and affirms Aboriginal rights, ...

What is the difference between federal and provincial judges?

The Constitution only provides for federally appointed judges. Provincial judges are appointed under provincial laws.

What branch of government is the judiciary?

Our Constitution also includes provisions relating to the judicial branch of government, composed of judges. The judiciary must interpret and apply the law and the Constitution, and give impartial judgments in all cases, whether they involve public law, such as a criminal case, or private law, such as a dispute over a contract.

What are the three branches of government in Canada?

The Constitution sets out the basic principles of democratic government in Canada when it defines the powers of the three branches of government: the executive. the legislative. the judiciary.

What is the Canadian Constitution?

The Canadian Constitution. A constitution provides the fundamental rules and principles that govern a country. It creates many of the institutions and branches of government, and defines their powers.

Who was the second prime minister of Canada?

Alexander Mackenzie was Canada's second prime minister (photo courtesy Library and Archives Canada/C-20052). Sir Mackenzie Bowell. Bowell began his career with vigorous Orange prejudices, but by the 1880s his fighting spirit was subsumed within Conservative politics and his Orange positions had softened.

What is the head of the federal government called in Canada?

The head of the federal government in Canada is called the prime minister . The heads of provincial governments are called premiers. The two terms mean the same thing — first minister or chief minister. Canada adopted the title prime minister from Britain.

What is the PM in Canada?

March 23, 2021. The prime minister (PM) is the head of the federal government. It is the most powerful position in Canadian politics . Prime ministers are not specifically elected to the position; instead, the PM is typically the leader of the party that has the most seats in the House of Commons .

How has the government of Canada changed since 1970?

The increasing complexity of government has restricted Parliament's power to scrutinize and understand federal taxation and spending and has boosted the size and scope of the Prime Minister's Office (PMO). The 24-hour information age and the pressures of social media have fuelled political partisanship and the desire for increased control over government communications. Where Cabinet ministers once had responsibility for managing policies and programs out of their various departments, today most issues and programs — and almost all communications — are managed and directed by the unelected staff inside the PMO.

What is the role of the PM in the government?

As chair of Cabinet, the PM controls its agenda and greatly influences the activities and priorities of Parliament. In recent years, a debate has emerged about the growing power of prime ministers, and whether this threatens other democratic institutions. The prime minister (PM) is the head of the federal government.

When did Laurier run for prime minister?

Laurier ran successful campaigns for prime minister in 1896, 1900, 1904 and 1908.

Which province has the most prime ministers?

Quebec and Ontario have provided the most prime ministers — seven and six, respectively. As yet, there have been no prime ministers who were born in Saskatchewan, Manitoba, Prince Edward Island , Newfoundland and Labrador, or any of the territories. Sir John A. Macdonald.

Who was the prime minister of Canada in 1968?

Pierre Elliott Trudeau, PC, CC, CH, FRSC , prime minister of Canada 1968–79 and 1980–84, politician, writer, constitutional lawyer (born 18 October 1919 in Montreal, QC; died 28 September 2000 in Montreal). A charismatic and controversial figure, Pierre Trudeau was arguably Canada’s best-known politician, both at home and abroad. He introduced legal reforms in his quest to make Canada a more “just society,” and made Canada officially bilingual with the Official Languages Act of 1969. He negotiated Canada’s constitutional independence from Britain and established a new Canadian Constitution with an entrenched Charter of Rights and Freedoms . He played an important role in defeating the Quebec separatist movement of the 1970s and 1980s; although his decision to invoke the War Measures Act in response to the 1970 October Crisis drew sharp criticism. His federalist stance as well as his language and economic policies alienated many in Canada; particularly in the West. His eldest son, Justin Trudeau, became leader of the Liberal Party in 2013 and prime minister in 2015.

Who was the second father of Canada?

See also Editorial: Pierre Elliott Trudeau, the Second Father of Canada?; Trudeau 30 Years Later ; Timeline: Elections and Prime Ministers.

What did Trudeau do in Ottawa?

Trudeau served briefly in Ottawa as an adviser to the Privy Council Office in 1950–51. He then returned to Montreal. He opposed the Union Nationale government of Maurice Duplessis and agitated for social and political change. With other young intellectuals, he founded the review Cité libre. In this and other forums, Trudeau sought to rouse opposition to what he believed were reactionary and inward-looking elites. In the process, he developed a reputation as a radical and a socialist ; although the values he championed were closer to those of liberalism and democracy.

How did Justin Trudeau die?

Trudeau died of prostate cancer at his home in Montreal on 28 September 2000. ( See Trudeau’s Death .) His two surviving sons were joined at Trudeau’s funeral by his ex-wife, Margaret Sinclair. (Trudeau’s youngest son, Michel, died in an avalanche in 1998.) Among the mourners were Jean and Aline Chrétien, Fidel Castro, and Jimmy Carter. Justin Trudeau ’s emotional eulogy was watched by Canadians across the country; it prompted speculation that he would follow his father’s example and enter federal politics. In 2013, Justin Trudeau was elected leader of the Liberal Party. In 2015, he became prime minister.

What did Trudeau do in the Asbestos Strike?

Upon his return to Quebec from a year’s travels in 1949, Trudeau supported the unions in the bitter Asbestos Strike; a formative event in postwar Quebec society. In 1956, he edited a book on the strike; he contributed an introduction and conclusion criticizing the province’s dominant social, economic, and political values.

What was the first major event in Trudeau's government?

The most dramatic event of Trudeau’s first government was the October Crisis of 1970 . British diplomat James Cross and Quebec cabinet minister Pierre Laporte were kidnapped by the Front de Libération du Québec (FLQ), a militant Quebec independence movement. In response, Trudeau invoked the War Measures Act ; this gave the government sweeping powers of arrest, detention and censorship. Shortly after, Laporte was murdered by his abductors. Controversy over the appropriateness of these measures and their effect on liberal democracy in Canada and Quebec has continued to the present. ( See also Timeline: The FLQ and the October Crisis .)

What was Trudeau's hope for change?

Trudeau and Federalism. After the Liberal victory in the 1960 provincial election, the Quiet Revolution fulfilled some of Trudeau’s hopes for change. At the same time, it revealed a deep rift between Trudeau and many of his former colleagues who were moving toward the idea of an independent Quebec.

How did the Canadian monarchy start?

Canada's monarchy was established at Confederation, when its executive government and authority were declared (in section 9 of the Constitution Act , 1867) "to continue and be vested in the Queen". The Canadian monarchy is a federal one in which the Crown is unitary throughout all jurisdictions in the country, the sovereignty of the different administrations being passed on through the overreaching Crown itself as a part of the executive, legislative, and judicial operations in each of the federal and provincial spheres and the headship of state being a part of all equally. The Crown thus links the various governments into a federal state, though it is simultaneously also "divided" into eleven legal jurisdictions, or eleven "crowns"—one federal and ten provincial —with the monarch taking on a distinct legal persona in each. As such, the constitution instructs that any change to the position of the monarch or his or her representatives in Canada requires the consent of the Senate, the House of Commons, and the legislative assemblies of all the provinces.

What is the monarchy of Canada?

Monarchy of Canada. The monarchy of Canada is at the core of Canada 's constitutional federal structure and Westminster-style parliamentary democracy. The monarchy is the foundation of the executive ( Queen-in-Council ), legislative ( Queen-in-Parliament ), and judicial ( Queen-on-the-Bench) branches of both federal and provincial jurisdictions.

What is the sovereign of Canada?

As the living embodiment of the Crown, the sovereign is regarded as the personification of the Canadian state and, as such, must, along with his or her viceregal representatives, "remain strictly neutral in political terms". The person of the reigning sovereign thus holds two distinct personas in constant coexistence: that of a natural-born human being and that of the state as accorded to him or her through law; the Crown and the monarch are "conceptually divisible but legally indivisible ... [t]he office cannot exist without the office-holder", so, even in private, the monarch is always "on duty". The terms the state, the Crown, the Crown in Right of Canada, Her Majesty the Queen in Right of Canada ( French: Sa Majesté la Reine du chef du Canada ), and similar are all synonymous and the monarch's legal personality is sometimes referred to simply as Canada.

How many viceroys are there in Canada?

Participants of a viceregal and territorial commissioner's conference in 2016. There are 11 viceroys that represent the Canadian monarch in their respective jurisdictions.

Why are royals important to Canada?

Members of the royal family have been present in Canada since the late 18th century, their reasons including participating in military manoeuvres, serving as the federal viceroy, or undertaking official royal tours. A prominent feature of the latter are numerous royal walkabouts, the tradition of which was initiated in 1939 by Queen Elizabeth when she was in Ottawa and broke from the royal party to speak directly to gathered veterans. Usually important milestones, anniversaries, or celebrations of Canadian culture will warrant the presence of the monarch, while other royals will be asked to participate in lesser occasions. A household to assist and tend to the monarch forms part of the royal party.

Why is royal assent required in Canada?

As all executive authority is vested in the sovereign, royal assent is required to allow for bills to become law and for letters patent and orders in council to have legal effect . While the power for these acts stems from the Canadian people through the constitutional conventions of democracy, executive authority remains vested in the Crown and is only entrusted by the sovereign to the government on behalf of the people. This underlines the Crown's role in safeguarding the rights, freedoms, and democratic system of government of Canadians, reinforcing the fact that "governments are the servants of the people and not the reverse". Thus, within Canada's constitutional monarchy the sovereign's direct participation in any of these areas of governance is normally limited, with the sovereign typically exercising executive authority only with the advice and consent of the Cabinet of Canada, and the sovereign's legislative and judicial responsibilities largely carried out through the Parliament of Canada as well as judges and justices of the peace. However, there are cases where the sovereign or their representative would have a duty to act directly and independently under the doctrine of necessity to prevent genuinely unconstitutional acts. As a result, the Crown today primarily functions as a guarantor of continuous and stable governance and a nonpartisan safeguard against abuse of power. The sovereign acts as a custodian of the Crown's democratic powers and a representation of the "power of the people above government and political parties".

Where are the government houses in Canada?

The sovereign's and governor general's official residences are Rideau Hall in Ottawa and the Citadelle in Quebec City . Each of these royal seats holds pieces from the Crown Collection. Further, though neither was ever used for their intended purpose, Hatley Castle in British Columbia was purchased in 1940 by King George VI in Right of Canada to use as his home during the course of World War II, and the Emergency Government Headquarters, built in 1959 at CFS Carp and decommissioned in 1994, included a residential apartment for the sovereign or governor general in the case of a nuclear attack on Ottawa.

What is responsible government in Canada?

Responsible government in Canada is based on the individual and collective responsibilities of ministers to Parliament. Ministers of the Crown, charged with the duties of office, are answerable to Parliament, and they may remain in office only so long as they retain the confidence (i.e. support of a majority) of the members of the House of Commons. In our system of parliamentary and cabinet government, ministers are constitutionally responsible for the provision and conduct of the government. This is to say that through the law and the convention of the constitution, power and hence responsibility are concentrated in the hands of ministers. Ministers exercise power constitutionally because the law requires it and Parliament and their colleagues in the ministry hold them responsible for their actions under the law.

What is the constitutional responsibility of ministers?

The constitutional responsibility of ministers enables Parliament to satisfy itself that power is exercised responsibly throughout the system of government.

How does parliamentary and cabinet government work?

The constitutional history of parliamentary and cabinet government traces the process of ensuring that individuals who exercise power are constitutionally responsible. At first the Crown, the source of power in the system, was held responsible by the great men who were the principal officers of the realm. Later it was the Commons that sought this role, and ultimately secured it through holding the Crown accountable by making its advisers responsible to the House for their exercise of the Crown's power. Thus the individual power of the king was made responsible by Magna Carta in the 13th century and by the Bill of Rights in the 17th century. In the 18th century that power was placed in commission, 14 and the ministers who exercised it were made responsible individually to the House of Commons. Our system of parliamentary and cabinet government is, therefore, based on the constitutional responsibility of ministers to the elected House of Commons, monarchical government having been succeeded in the efficient constitution by ministerial government. 15

How has the government of Canada changed since the Second World War?

The program innovations introduced by government during the forties and fifties significantly increased the scope of government, and as its scope has continued to expand so has its size. Government has taken on an activist function in the creation of policy, and has institutionalized elaborate policy-making structures to support the function. During the last twenty years a new style of public service has evolved both to staff the policy-making structures and to administer the complex programs that they produce. A distinct species of policy "co-ordinators" and others concerned with interdepartmental relations has been developed. New structures have grown up to help to channel the flow of initiatives; and more change has occurred in the way the government orders its machinery for getting things done, and in the variety and pervasiveness of the programs it delivers, than in any comparable period in our administrative and social history.

Why do Canadians have a political system?

Canadians live in a political system that has evolved over centuries in response to the need to control power. Government is a means of organizing the control of power, and however complex society and its problems may be, the responsible exercise of power is in the long run fundamental to the solution of national problems and the stability and well-being of society.

What was Canada's colonial heritage?

Canada's colonial heritage provided from the outset that the dominion government would seek to use the law-making rather than prerogative authority for major new organizational forms and important administrative matters. In accordance with the practices described earlier, the provinces of British North America had sought legislative bases for their major administrative units, and these (particularly those of the Province of Canada) were carried forward, elaborated, and added to by the new federal Parliament. 6

What is the North America Act?

The Act created Canada's Parliament and provided for an executive government in the Governor General exercising the powers of the Crown on the advice of the Privy Council. Although the Act says little else about the executive, it implies the then well established conventions of the British constitution requiring the Crown to act on "advice".

Overview

Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the British parliament had retained the power to amend Canada's Constitution Acts (Statute of Westminster sec. 7(1)), and to enact more generally for Canada at the request and with the consent of the Dominion (sec. 4). That authority was remove…

Etymology

Early attempts

Patriation achieved

Legal questions

Explanatory notes

External links

British Ties

Pierre Trudeau and The Premiers

• Generations of Canadian politicians had grappled unsuccessfully with the problem of constitutional change. Since the 1930s, a series of federal-provincial conferences had ended in failure when the prime minister and premiers could not agree on how the Constitution should be amended. (See also Federal-Provincial Relations.) The turning point came wi...

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What The Act Says: Parts 1–4

Part 5: The Amending Formula

Parts 6 and 7

Aftermath