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The Foundations A Tree with Strong Roots A British Model, a Canadian Constitution The Building Blocks of Parliament Discussion is a fundamental part of any democratic system. As a nation, every day, we hear and present viewpoints, we struggle with issues, we reach agreement on actions, we share ideas and dreams — and we create the laws, policies and programs that are the framework for the national vision. Parliament is a place of discussion and debate. You can see it in Question Period, when Ministers are called to account for their actions and policies. It’s there in caucus meetings when party members hammer out their position on issues that will determine the country’s future. It’s there in committees, when members of industry or labour or any interest group speak out about the Government’s policies. Such debate is the basis of democracy. Like any institution, Parliament has its own distinct history. When the Dominion of Canada was proclaimed on July 1, 1867, the various regions of the country already had a rich history rooted in representative traditions. Even before the Charlottetown and Quebec Conferences of 1864, when the resolutions that formed the basis for Confederation were framed, the people who had settled in what we now call Canada had been part of the gradual development of a parliamentary democracy. Between 1758 and 1863, the colonies which would become some of Canada’s provinces — Nova Scotia, Prince Edward Island, New Brunswick, Ontario, Quebec, Newfoundland and British Columbia — all established elected assemblies, giving the people of each province a representative voice. From 1848 onwards, the colonies developed “responsible government” — the assemblies had the capacity to make and unmake governments, and the governments were accountable to the whole elected assembly for their actions and decisions. By 1864, many people in the British North American colonies were discussing the benefits of union. They could do much together that they could not do separately — pooling their economic resources to overcome the challenges of a vast geography and working together to protect themselves against the economic and military dominance of the United States. Their solution — Confederation — did much to respect the deep differences in economic interest, language, religion, law and education among the regions that came together in 1867. Confederation established the constitutional agreements and the Parliament we know today. Canada’s system is a federation. Legislative and governing powers are divided between the federal Government, responsible for matters of concern to all Canadians, and provincial legislatures, responsible for matters of more local interest. Ottawa is the home of the country’s federal Parliament and the seat of its national government. A British Model, a Canadian Constitution Canada’s Parliament reaches back over 800 years to the foundations of British parlia-mentary tradition. But Canada’s Constitution — the fundamental rules and values by which we govern ourselves — is distinctly our own. The Canadian system of government, like the country it serves, has evolved over time. Moreover, Canada’s Constitution is made up of many documents and includes unwritten conventions, many of which have been established through parliamentary tradition. In fact, 25 separate documents make up the Constitution. But the core of this collection is the Constitution Act, 1867, originally called the British North America Act. This statute, along with the various amendments added to it, sets out the fundamental rules of the federal system, such as the powers and jurisdiction of Parliament and of the provincial legislatures. It established Parliament, composed of the Queen, an appointed Senate and an elected House of Commons. This 1867 statute did not provide for direct amendment in Canada.
The Constitution Act, 1982, “brought the Constitution home” — detailing the processes by which future changes could be made to the Canadian Constitution without seeking an Act of the British Parliament. It specifies that changes to the Constitution can only be made by particular amending processes, involving various combinations of Parliament and some or all of the provincial legislatures. The Constitution Act, 1982, contains the Canadian Charter of Rights and Freedoms, and includes a section recognizing the special place of Canada’s Aboriginal people within Confederation. However, many basic features of Canada’s government have no mention in the written Constitution. The Cabinet, political parties, the Prime Minister — these are household words in Canada, but they do not appear in any formal documents of the Constitution. Essential elements of our system of governance are contained in other laws, such as the Parliament of Canada Act, and are reflected in Parliament’s practices and traditions. The Building Blocks of Parliament Three themes arise repeatedly in the events of Canada’s constitutional history, written and unwritten. These are: representativeness, responsibility and accountability. Respect for these ideas is a feature of any democracy, but the way they are given life in Canada’s Parliament gives us some of our distinguishing character. They are the “pillars” that ensure thoughtful consideration of the issues that concern Canadians and promote sound decision-making. Representing
Canadians Responsible
Government Accountability Debating
the Issues Parliament also raises citizen awareness. As a highly visible forum, it helps bring important issues to the attention of Canadians and equips them for performing their duties as informed electors. |
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Library of Parliament - November 2002 |