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Guide to Canadian Government and Law Study Guide

This guide explains the fundamental principles of the separation of powers, the distinct roles of the legislative, executive, and judicial branches, and the detailed process of statutory enactment in Canada. It covers the journey of a bill from proposal to law, including differences between federal and provincial systems, and the conditions under which laws take effect.

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The Nature of Responsible Government

Principles and Features of Responsible Government

This content describes the Canadian system of responsible government, including the relationship between the executive and legislative branches and the role of convention.

  • responsible government
  • dual executive
  • formal head of state
  • political head of state
  • convention
  • customary practice
  • executive branch
  • legislative branch
  • judicial branch
  • separation of powers
  • confidence convention
  • ministerial responsibility
  • royal assent
  • federal executive power
  • provincial executive power
  • statutory authority
  • cabinet
  • prime minister
  • premier

Canadian Legislative Structures and Constitutional Evolution

English and French Law to the Charter

The evolution of Canada from the British North America Act to the patriation of the Constitution and the Canadian Charter of Rights and Freedoms.

  • British North America Act
  • Confederation
  • Federalism
  • Constitution Act, 1867
  • Constitution Act, 1982
  • Patriation of the Constitution
  • Canadian Charter of Rights and Freedoms
  • Aboriginal and treaty rights
  • Equality provisions
  • Constitutional law

Separation of Powers and Statutory Enactment

The separation-of-powers doctrine and the statutory enactment process for federal parliament and provincial legislatures.

  • Separation-of-powers doctrine
  • Legislature
  • Executive
  • Judiciary
  • Responsible government
  • Statutory Enactment Process
  • Federal Parliament
  • Provincial Legislatures
  • Committee review
  • Royal assent
  • Unicameral
  • Bicameral
  • Public bills
  • Private bills

The Executive Branch of Government

The executive branch administers and implements laws through the Crown, the dual executive, and responsible government.

  • Executive branch
  • The Crown
  • Governor general
  • Lieutenant governors
  • Responsible government
  • Dual Executive
  • Constitutional legislation
  • Constitution Act, 1867
  • Royal assent

Introduction to Canadian Legislative Structures

This content explores the three branches of government, types of statutes, and the processes for statutory enactment and interpretation in Canada.

  • Three branches of government
  • Legislative, Executive, Judicial
  • Unicameral versus bicameral
  • Statutes
  • Subordinate legislation
  • Constitutionally entrenched statutes
  • Constitution Act, 1867
  • Constitution Act, 1982
  • Federal statutes
  • Provincial statutes
  • Territorial statutes
  • POGG power
  • Pith and substance
  • Federal paramountcy doctrine
  • Royal assent
  • Devolution
  • Quasi-legislative materials
  • Parliamentary Sovereignty
  • Statutory Interpretation
  • Mischief rule

Limits on Executive Power and Influence

Test Format and Constitutional Subject Matter

A discussion regarding legislation, the constitution, and the legislative and executive branches within a common law legal system.

  • legislation
  • regulation
  • constitution
  • Constitution Act
  • supreme law of Canada
  • legislative branch
  • executive branch
  • common law legal system

Foundations of the Canadian Legal System

Constitutional Conventions and Executive Authority

This content examines constitutional customary practice, royal prerogative, and the limits of executive influence within the Anglo-Canadian system of responsible government.

  • Constitutional customary practice
  • Key conventions
  • Ministerial responsibility
  • Confidence convention
  • Royal prerogative
  • Crown's executive authority
  • Statutory authority
  • Crown privilege
  • Presumption against legislation applying to the Crown
  • Crown immunity
  • Responsible government
  • Separation-of-powers limits
  • Civil liberties limits

Introduction to Law in Canada

A system of enforceable rules that governs the relationship between individual members of a society and the society itself.

  • Definition of law
  • General norms
  • Condition rules
  • Power-conferring rules
  • Enforceability
  • Morality and ethics
  • Justice models
  • Corrective justice
  • Retributive justice
  • Distributive justice
  • Rule of law
  • A.V. Dicey’s principles
  • Public law
  • Private/Civil law
  • Legal language

Indigenous Peoples and the Law

This chapter explores Indigenous legal traditions, their relationship with Canadian law, and the definitions of terms such as Aboriginal, First Nations, Inuit, and Métis.

  • Aboriginal
  • First Nations
  • Indian
  • Indigenous
  • Inuit
  • Indigenous legal traditions
  • Canadian law
  • Divine law
  • Naturalistic law
  • Positivistic law
  • Deliberative law
  • Customary law
  • Constitutional framework

Common Law and Civil Law Systems

This chapter describes the origins and defining characteristics of common law, civil law, and other legal systems including hybrid systems.

  • Common law
  • Civil law
  • Customary law
  • Religious law
  • Indigenous law
  • Mixed or hybrid system
  • Legislation
  • Case law
  • Precedent
  • Stare decisis
  • Adversarial court process
  • Equitable justice
  • Civil code
  • Napoleonic Code
  • Civil Code of Quebec

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