Democratic governance: The constitution and Canada's branches of government.

• Author: Snyder, Lorraine

Introduction

Canada is a "constitutional monarchy," which is a form of government where monarchs act as the political heads of state but their powers are kept within the boundaries of that country's constitution. In Canada, the monarch is the Queen. At the time of Confederation, the Constitution Act, 1867 (then called the British North America Act), as well as other documents and unwritten conventions adopted over time, set out who would be involved in government and how it would work. As a former colony of Britain, Canada inherited a British style of governance called the Westminster system. Thus, Canada's system of governance has three branches: the executive branch, the legislative branch, and the judicial branch.

The branches of government operate at both the federal and the provincial levels because Canada is a federation. That is, there is a constitutionally recognized federal government and there are constitutionally recognized provincial governments.

Executive Branch

The Monarch

The first branch of Canada's political system is the executive branch. This is the decision-making branch made up of the monarch as the head of state and the Prime Minister, as head of government, and his or her Cabinet. In Canada's early history, the British monarch ruled the area from its Parliament in London until Canada became a country in 1867 and implemented its own constitution. The monarch then became a symbol of unity, authority and allegiance in Canada, a figure who holds significant symbolic power but little political decision making power.

The monarch is represented in Canada by the Governor General at the federal level and by a lieutenant governor in each of the ten provinces. (While the commissioners in each of the three territories perform duties similar to those of the lieutenant governors, they are not considered the monarch's representatives and are therefore the representatives of the Canadian government). The Governor General is appointed by the monarch upon the recommendation of Canada's Prime Minister, and the lieutenant governors in each province are appointed by the Governor General upon the recommendation of the Prime Minister.

The monarch's role is outlined in Part III of the Constitution Act, 1867. Section 9 vests authority in the monarch. Sections 38 to 49, also known as the amending formula, instruct 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. The monarch is also symbolically responsible for executive functions such as...