Everything you wanted to know about
Canada!
Constitution
Under the British North America Act of 1867, the central
government had considerable power over the provinces. However, amendments to the
act and changes brought by practical experience have increased the scope of
authority of the provincial governments. Considerable tension continues to exist
between Ottawa and the provincial governments concerning the proper allocation
of power. The most important current constitutional issue centers around the
status of Québec, which seeks more autonomy. When the constitution was
patriated in 1982, the Québec premier refused to sign it because he did not
think the terms were fair to Québec. Subsequent attempts to induce Québec to
ratify the constitution, in 1990 and 1992, foundered because of opposition from
other provinces. This impasse has fueled the Québec separatist movement, and in
1995 a referendum that could have led to Québec independence very nearly passed
with 49.4 percent of the vote.
Federal-Provincial Division of Powers
The central government of Canada exercises all powers not specifically assigned
to the provinces. It has exclusive jurisdiction over administration of the
public debt, currency and coinage, taxation for general purposes, organization
of national defense, fiscal matters, banking, fisheries, commerce, navigation
and shipping, energy policy, agriculture, postal service, the census,
statistics,
patents, copyright, naturalization, aliens, indigenous peoples’
affairs, marriage, and divorce. Among the powers assigned to the
provincial governments are authority over education, hospitals,
provincial property, civil rights, taxation for local purposes,
regulation of local commerce, and the borrowing of money. Some of
these may be allocated to the municipal level at the discretion of
the provincial government. With respect to certain matters, such as
immigration, the federal and provincial governments have concurrent
jurisdiction.
The provinces and territories control the establishment and
operation of local units of government within their borders. The categories and
functions of local governmental units vary from province to province, depending
on population density and local custom. In densely populated areas, such as
southern Ontario, the system of local governmental units includes counties,
districts, cities, towns, villages, and townships. Large metropolitan areas may
have regional governments comprising several local governments. Certain powers,
such as transit and regional planning, are the responsibility of the regional
government, although each local unit usually retains powers of local
self-government, with responsibility for local public services. Unincorporated
rural districts are usually administered by the provincial or territorial
government.
Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms, added to the constitution in 1982, guarantees to citizens fundamental freedoms, such as freedom of conscience and the press. It also guarantees the right to vote and seek election, as well as rights to move throughout Canada, to enjoy security of person, and to combat discrimination. It also specifies the equality of the French and English languages. The charter changed the Canadian political system by enhancing the power of the courts to make or unmake laws through judicial decisions. It also contains the so-called notwithstanding clause, which allows Parliament or the provincial legislatures to designate an act operative even though it might clash with a charter provision. The charter applies uniformly throughout Canada although the province of Québec has never signed the constitution.
Head of State
The head of state in Canada is the sovereign of Great Britain, who is represented in Canada by the governor-general and in each province by a lieutenant governor. The governor-general is appointed by the reigning monarch on the recommendation of the prime minister of Canada. Traditionally, English-speakers alternate with French-speakers as governor-general. The length of term is usually five years.
The governor-general’s role is largely ceremonial; he or she summons, suspends, and dissolves Parliament, gives royal assent to bills that have passed Parliament, authorizes treaties, commissions officers in the armed forces, gives honors such as the Order of Canada, and acts as host to visiting heads of state. He or she has the constitutional right to be consulted and to give advice and thus receives regular visits from the prime minister and government officials.
Officially the governor-general appoints the prime minister and swears in cabinet ministers, but he or she must adhere to the advice of the majority in the House of Commons (the larger chamber of Parliament) in appointing the prime minister and must follow the prime minister’s wishes in appointing the cabinet. While holding no political power, the governor-general has considerable symbolic power. As the governor-general is above politics, the post serves as a unifying symbol for all Canadians.
Federal Government Organization
The Canadian Parliament consists of two houses, the Senate and the House of Commons. Commons contains about three times as many members as the Senate. The prime minister and cabinet are chosen from Commons by the majority party.
Executive
The executive head of government is the prime minister, the leader of the party in control of Parliament. Canada’s parliamentary system is modeled on that of Great Britain, where the prime minister must be elected from a local riding (electoral district) like any other member of the House of Commons. The prime minister derives his or her executive position by being head of the party, which in nearly all cases votes as a bloc. This is unlike the American system, for example, where the chief executive (the president) is elected separately. In cases where no one party has a majority in Commons, the governor-general chooses the leader most likely to win support from other parties. If a prime minister resigns as leader of the party before an election, the new party leader automatically becomes prime minister until an election can be held.
The responsibilities and powers of the prime minister are far reaching. He or she sets the policy of the government and determines what legislation should be passed. Through the cabinet, he or she controls all the functions of the federal government, including budget allocations. The prime minister chooses the cabinet ministers and also recommends appointees to the civil service, Senate, and judiciary.
The length of term of the prime minister is at most five years, but he or she generally calls an election before then. There is no restriction on the number of terms a prime minister may serve; William Lyon Mackenzie King was prime minister for 13 consecutive years and served two other separate terms. The prime minister may, however, be removed by a vote of no confidence in Parliament—that is, a declaration by the majority of the members that they no longer support him or her. A no-confidence vote forces the prime minister to either resign or call a general election.
The cabinet consists of as many as 40 members, most of whom are ministers presiding over the various departments of the federal government, such as finance, immigration, labor, or health. They are supported by civil servants headed by a deputy minister. Some members of the cabinet may be ministers without portfolio, who are not assigned to a department. Although they have no formal legal power, cabinet ministers exercise considerable authority to make and enforce regulations in their various departments through orders issued by the governor-general. A party generally selects its cabinet from its members sitting in Commons, but if there are not enough who are qualified, it may also draw them from its members in the Senate.
Senate
The members of the Senate are appointed, nominally by the governor-general but in effect by the prime minister. Once appointed, a senator may stay in office until age 75. Appointment to the Senate is considered an honor and is frequently granted for political service in the national or provincial government. To be appointed, a senator must own a certain amount of property, be over the age of 30, and reside in the province he or she represents.
Senators are appointed on the principle of regional representation. Thus there are 24 senators from Québec, 24 from Ontario, 24 from the Maritimes, and 24 from the western provinces. Newfoundland has been allotted 6 senators while the Yukon and Northwest Territories each have 1. This makes a total of 104, but four more or eight more can be added under exceptional circumstances as long as they are drawn equally from the first four regions.
The Canadian Senate is more closely related in function to the British House of Lords than to the U.S. Senate. It has the power to initiate legislation, except for finance bills, but mainly acts as the chamber of “sober second thought,” scrutinizing the legislation initiated in the House of Commons. It has the right to amend or delay passage of bills passed by Commons. It also has the power to veto bills but rarely exercises it. Another important function of the Senate is the Special Senate Committee through which social and economic issues important to the country are thoroughly investigated, often leading to changes in government policy.
House of Commons
Members of Commons are directly elected by the Canadian voters. There is no uniform interval between national, or general, elections, but by law they must be held at least once every five years. Each province and territory is divided into ridings, and each riding elects one member. The total number of seats is reapportioned periodically on the basis of the national census. Each riding contains, on the average, about 100,000 voters. The reapportionment after the census of 1986 fixed the membership at 295. Ontario has 99 members, Québec 75, British Columbia 32, Alberta 26, Saskatchewan 14, Manitoba 14, Nova Scotia 11, New Brunswick 10, Newfoundland and Labrador 7, Prince Edward Island 4, Northwest Territories 2, and Yukon Territory 1. When a seat becomes vacant between general elections, a by-election is held in that riding to fill that seat.
To qualify for election to the House of Commons, a candidate must be a Canadian citizen and at least 18 years of age. But, unless running as an independent, a candidate must go through a nomination process at the party level first. A candidate or member does not have to live in the riding he or she represents, but most do.
In practice, Commons is the key legislative branch, where most important bills are introduced; all money bills must originate in Commons. The prime minister and most of the cabinet are members of Commons. Tradition decrees that if a government loses the support of a majority of Commons, it must surrender power or call a general election. Therefore, members of the party in power rarely vote against government policies. Dissent within the party is expressed in private meetings or party caucuses, but the party usually presents a solid front in Parliament.
All political parties in the House of Commons that do not support the government are known collectively as the opposition. The minority party with the most seats in Commons is known as the Official Opposition and has special privileges. The leader of the Official Opposition is one of the most important and visible figures in the House of Commons. In the Canadian parliamentary system it is the duty of the opposition to oppose the party in power. Government programs and bills submitted to Parliament are subject to close scrutiny and criticism by members of the opposition. The prime minister and his cabinet must be ready at all times to explain and defend the government’s program or actions to the opposition.
Judiciary
The legal system in Canada is derived from English common law, except in Québec, which has a civil-law system based on the Code Napoléon, which has been the basis of French law since 1804. The federal judiciary is headed by the Supreme Court of Canada, made up of a chief justice and eight associate judges, three of whom must come from Québec. It sits in Ottawa and is the final Canadian court of appeal for all civil, criminal, and constitutional cases. The next highest tribunal, the Federal Court of Canada, is divided into a Trial Division and an Appeal Division. It hears a variety of cases, including those involving claims against the federal government. Provincial courts are established by the provincial legislatures and, although the names of the courts are not uniform, each province has a similar three-part court system. Judges of the Supreme Court and the Federal Court and almost all judges of the higher provincial courts are appointed by the federal government.
Provincial Government
Canada comprises ten provinces, each with a separate legislature and administration. The government of each province is similar in structure and function to that of the national government. The monarch is represented in each province by a lieutenant governor, who is appointed by the governor-general on the recommendation of the prime minister. The functions of the lieutenant governor, like those of the governor-general, are primarily ceremonial. Each province except Québec has a unicameral, or single-chamber, legislature, called the legislative or provincial assembly. It is elected at least once every five years but may be dissolved at any time. The provincial legislature functions in much the same way as the House of Commons. Québec has a bicameral, or two-chamber, legislature called the National Assembly. Québec’s appointed upper house, called a legislative council, is similar to the federal Senate.
The head of the provincial government is the premier, who is appointed by the lieutenant governor after his or her party wins a general election. The premier’s role is similar to that of the prime minister in Ottawa. He or she must be able to control a majority in the legislature. The premier appoints an executive council, or cabinet, whose members must be members of the legislative assembly and serve as heads of provincial departments. They function in provincial affairs as cabinet members do in national affairs.
The Yukon Territory and the Northwest Territories are administered by Ottawa through the Department of Indian Affairs and Northern Development. The chief executives are commissioners, appointed by the federal government and assisted by local councils. The commissioner for the Northwest Territories resides at Yellowknife, and the commissioner for the Yukon at Whitehorse. The Yukon Territory has an elected legislative council. The council for the Northwest Territories is composed of both elected and appointed members; the majority are elected. In both territories the commissioner and council have legislative powers similar to those of provincial governments. A few areas of government, such as natural resources, are still controlled by Ottawa. The commissioner of each territory acts according to instructions from the federal cabinet or the minister of Indian Affairs and Northern Development.
A third territory is in the process of being created. It will be created by dividing the Northwest Territories and will encompass about 2 million sq km (about 772,000 sq mi) of the eastern Arctic. Called Nunavut, it will have its own government by 1999, similar to the other territories. This will be the only large jurisdiction in North America with a majority of indigenous people and therefore will in effect constitute indigenous self-government.
Political Parties
The
strongest national political parties in Canada during the 20th century have been
the Progressive Conservatives and the Liberals. The third party with a tradition
of national support is the New
Democratic Party (NDP). The
Progressive Conservatives have generally favored an unfettered market, fiscal
responsibility, and limits on state power. The Liberals are generally associated
with the center of the political spectrum, which means that they advocate
greater government involvement in the economy; they have also been traditionally
seen as the party most open to immigration.
The smaller NDP, which emerged from Canadian labor and protest movements, supports programs to increase social and economic equality. The NDP claims to represent ordinary people. Although never achieving national power, the NDP has from time to time held the balance of power and used it to support the Liberals; it has also formed the provincial government at various times in British Columbia, Manitoba, Ontario, and Saskatchewan.
In the 1993 election only the Liberals maintained their political base, while the Progressive Conservatives and the NDP waned in significance. Two new parties have arisen that have cut into their traditional support. The Bloc Québécois (BQ) was formed to protect Québec interests and promote Québec sovereignty. It acts to a large extent as the federal arm of the provincial separatist party, the Parti Québécois. The BQ has no support outside Québec and no desire to form the government. To its own surprise, the collapse of the Progressive Conservatives and NDP in 1993 left it in the position of the official opposition. Its original leader, Lucien Bouchard, left the party to become the premier of Québec. The BQ will cease to exist if Québec gains independence; it will likewise decline if serious interest in Québec separatism disappears.
In contrast, the Reform Party, originally an expression of western dissatisfaction with federal control, has come to express right-wing conservative ideals. It supports reducing taxes and governmental functions, and opposes concessions to Québec. So far, the Reform Party has been unable to attract voters from central or eastern Canada. In the 1997 election it increased its standing in the west, replacing the Bloc Québécois as the official opposition.
Social Services
All levels of government share the responsibility for social welfare in Canada. The chief federal agencies responsible for social service programs are Health and Welfare Canada and Human Resources Development Canada. The latter agency administers comprehensive income maintenance programs, such as the national pensions, old age security, and unemployment insurance. Nationwide coordination is considered to be necessary for these programs. Ottawa also provides services for indigenous peoples and veterans. In addition, Ottawa provides block grants to provincial governments to help cover their expenditures in health, education, and public assistance. Ottawa spent C$57.3 billion on social services and another C$8.3 billion on health care in the fiscal year 1995 to 1996. This represented 7.3 and 1.1 percent of GDP, respectively.
The Child Tax Benefit, Employment Insurance, the Canada Pension Plan, and the Canada Health and Social Transfer (CHST) program are the chief forms of federal welfare service. The Child Tax Benefit is a monthly stipend paid to low and modest-income families with children to help cover the costs of child maintenance. Employment Insurance provides income for up to a year, in the event of job loss, to workers who receive a salary or an hourly wage. The Canada Pension Plan supplies retirement and disability income and survivors’ benefits to older workers, keyed to the amount of their lifetime earnings. It is supplemented by Old Age Security and the Guaranteed Income Supplement, which are paid to people over 65 regardless of how much they earned. The CHST program provides money to the provinces to administer programs for help with postsecondary education and for support of families that lack enough income to live on.
The administration of welfare services is mainly the responsibility of the provinces. Municipalities and other local entities actually provide the services, generally with financial aid from the province. Provincial governments also have the major responsibility for education and health in Canada, with municipalities assuming authority over matters delegated to them by provincial legislation. The provinces spend about 25 percent of their budgets on health and about 18 percent on social services.
State-funded medical health insurance was first enacted in
Saskatchewan in 1947 by the provincial government. A national system was
established with the Medical Care Act of 1966, committing Ottawa to contribute
about half the cost of the Medical Care Insurance Program (Medicare), with the
respective province contributing the remainder. Administered by Health and
Welfare Canada, the program stipulates the following minimum criteria: (1)
comprehensive coverage, to cover all medically required services rendered by
physicians and surgeons; (2) universal availability to all residents; (3)
portability, to cover temporary or permanent change in residence to another
province or territory; and (4) nonprofit operation. In the face of mounting
public debt, Ottawa has reduced its share of the funding, but the basic system
remains intact. Private health insurance companies also operate in Canada,
providing coverage for services beyond the regular system, such as ambulance
fees and private hospital rooms.
Canada’s health system has successfully provided health services to all people regardless of income for many decades. Canada’s infant mortality rate, at 6.3 per 1000, is one of the lowest in the world. Vaccination programs have brought diseases such as polio under control. Canadians have one of the highest life expectancies in the world and a generally high level of health throughout their lives. Most Canadians consider medicare a sacred trust.
The incidence of most diseases in Canada is similar to that in other developed countries. The leading causes of death in 1993 were: heart disease, 27.8 percent; cancer, 27.4 percent; and cerebrovascular diseases, 7.5 percent. There are no diseases unique to Canada. Infectious diseases are fairly rare, and incidence varies between socioeconomic groups. Tuberculosis, for example, once thought to be under control in Canada, is now widespread in indigenous communities. Attention also has focused on AIDS in recent years. The first known case in Canada was recorded in 1979; between then and July 1996 there were 13,810 documented cases and 9969 deaths. In the early 1990s about 1000 new cases were reported annually. The death rate of individuals with AIDS has declined dramatically in the past few years as new medications have been introduced.
However, the health system in the 1990s is being squeezed on the one hand by rising costs of delivery and on the other by reductions in funding from both Ottawa and the provinces. Costs are increasing for a variety of reasons: an aging population, increasing poverty, higher expectations for health services, population growth in some provinces and cities, intractable diseases such as cancer, new ones such as AIDS, and more expensive treatment procedures. Governments concerned with deficit reduction are looking for ways to reduce costs; user fees for certain services, billing for extra physician visits, and private clinics have been suggested. Canadians are worried, however, about creating a two-tier system where the wealthy would have better access to care than the poor.
Defense
As a state of 30 million, Canada is unlikely to be a central military power. A special joint Senate and Commons committee reaffirmed in 1994 that Canada’s existing defense policy is to oversee and protect Canada, survey and control Canadian air space and coastal waters, and participate in multinational security operations. About 7 percent of Canada’s federal budget is spent on its armed forces, which are intended to evolve toward greater flexibility, mobility, and affordability.
The Canadian armed forces are unified rather than being divided into an army, navy, and air force. The head of the armed forces is the chief of the defense staff, who reports to the civilian minister of national defense. Under the defense staff are three major commands, organized by function: the air, maritime, and land force commands. Military service is voluntary, and there has been no conscription in Canada except for brief periods during the two World Wars. Conscription measures were unpopular and were soon repealed.
Canada was a founding member of NATO in 1949, and until 1994 Canada had air and land forces stationed in Europe to support NATO. Canada also participates jointly with the United States in the North American Aerospace Defense Command (NORAD), which coordinates the air and space defense of North America. On a per-capita basis, Canada is one of the world’s leading peacekeeping nations, having sent more than 85,000 service personnel to participate in various United Nations peacekeeping or supervisory operations since 1948.
Occasionally the armed forces have been used in domestic affairs. The most notable of these incidents occurred during the October Crisis of 1970, when Prime Minister Trudeau deployed the armed forces to prevent terrorist activity in the province of Québec. The army has also intervened in protests by indigenous peoples, such as the armed standoffs at Oka, Québec, in 1990 and at Gustafsen Lake, British Columbia, in 1995.
In the 1990s Canada reduced its military expenditures. Funding for the armed forces peaked in the early 1990s, at which time the military employed more than 120,000 people both in and out of uniform. By 1994 the numbers dropped to 74,900 for regulars and 29,400 for reserves. Funding, which was C$11.3 billion in 1994, is expected to decline to C$10 billion by the end of the century. At that time, regular troops are expected to total 60,000, and reserve troops 30,000.
In general, the military does not have a high profile in Canada. Military affairs have had little impact on politics since the conscription controversy of World War II. Recently, however, a public inquiry into misconduct on the part of peacekeeping soldiers in Somalia revealed several cases of abuse of foreign civilians, including the murder of a Somali man. During the investigation, officers and department officials were accused of trying to cover up the incident and of tampering with evidence, but the result was the disbanding of the Airborne Regiment involved and the resignations of two succeeding chiefs of the defense staff. A new minister of defense was appointed, and his decision to terminate the inquiry before its completion has been criticized by many.
Foreign Policy
Foreign policy is coordinated by the Department of External Affairs and International Trade. Canada uses its influence to encourage democracy, the protection of human rights, free trade, and peaceful resolution of conflicts. These objectives generally coincide, but occasionally choices must be made among them. For example, Canada participated in economic sanctions against South Africa during the era of apartheid, placing the issue of democracy above that of trade. In the 1990s, however, Prime Minister Chrétien announced his government’s view that the most effective way to promote democratic movements and human rights is through increased trade, a policy that has drawn criticism from some groups but is well accepted by the business community.
The new policy has also frustrated some of Canada’s allies. The United States, especially, disapproves of Canada’s continuing trade with Cuba in the face of a U.S. embargo. Tensions rose between the two countries in 1996 when the United States tried to enforce its Helms-Burton Act, which barred entry into the United States of certain foreign persons doing business in Cuba. Canada retaliated by passing the Foreign Extraterritorial Measures Act, forbidding Canadian companies from observing U.S. embargoes. As of mid-1997 the United States had backed off on enforcing Helms-Burton against Canadian firms, and Canada had yet to charge anyone under its own act.
Foreign aid, including money, goods, expertise, and emergency relief, is also an important part of Canada’s foreign policy. The Canadian International Development Agency (CIDA) was formed in 1968 to manage Canada’s foreign aid program. In 1994 and 1995 Canada sent C$2.5 billion to the developing world, including direct donations to selected countries, as well as money given to United Nations (UN) organizations or to nongovernmental organizations in over 100 countries. The International Development Research Centre, set up in 1970, funds research into possible adaptations of science and technology for use in the developing world.
Canada has always had a strong role in the United Nations, the umbrella organization for international cooperation and problem resolution. Canadian leaders have expressed the belief that cooperation and consensus among nations are the best hope for the future. Prime Minister Lester Pearson’s mediation in the Suez Canal incident of 1956 and his proposal for an international peacekeeping force won him the Nobel Peace Prize and boosted the role of peacekeeping forces around the world. Canada supports the UN in many ways: as its fourth largest financial contributor; as a participant in many UN aid organizations; and as the source of 10 percent of the world’s peacekeeping troops. Canada was involved in the earliest international peacekeeping missions—Kashmir (1948), Palestine (1953), Congo (1960), and Cyprus (1964)—and continues this tradition. Canada has placed a high priority on these missions, and in 1994 its troops were involved in peacekeeping operations, mostly as observers or monitors, in 21 different countries. Canada has also supported UN-led military interventions—for example, in the Korean War (1950-1953) and in the Persian Gulf War in Kuwait (1990)—but advocates earlier involvement to prevent active fighting.
Canada belongs to a variety of major international organizations. One is the Commonwealth of Nations, which developed gradually after World War I as former British colonies gained their independence. Others, already mentioned, are NATO (1949) and NORAD (1957). Canada has enthusiastically supported the international associations for world peace and cooperation, first the League of Nations (1920-1946) and then its successor the United Nations (UN), of which Canada was a charter member in 1945. Other international groups that Canada has joined are the International Monetary Fund (1944), World Bank International Bank for Reconstruction and Development, (1944); World Trade Organization (formerly General Agreement on Tariffs and Trade, 1948); Organization for Economic Cooperation and Development (1961); L’agence de Cooperation Culturelle et Technique (1970); G-7 Summit (1976); Organization of American States (1989); and Asia-Pacific Economic Cooperation organization (1994).
