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Parliament of Canada

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Parliament of Canada
NameParliament of Canada
House typeBicameral
Leader1 typeMonarch
Leader1Elizabeth II
Leader2 typeGovernor General
Leader2Mary Simon
Leader3 typeSpeaker of the Senate
Leader3Raymond L. (Ray) Housakos
Leader4 typeSpeaker of the House of Commons
Leader4Anthony Rota
Meeting placeParliament Hill
Established1867

Parliament of Canada is the federal legislative institution created by the Constitution Act, 1867 that brings together the Monarchy of Canada, the Senate of Canada, and the House of Commons of Canada in Ottawa on Parliament Hill. It traces origins to colonial assemblies such as the Legislative Assembly of Lower Canada and the Legislative Assembly of Upper Canada and evolved through statutes like the British North America Act and events including the Charlottetown Conference and the Quebec Conference (1864). The institution interacts with actors such as premiers—e.g., John A. Macdonald and Wilfrid Laurier—and has adjudication links to the Supreme Court of Canada and constitutional instruments like the Charter of Rights and Freedoms.

History

The legislative heritage of the body derives from assemblies including the Nova Scotia House of Assembly, the New Brunswick Legislative Assembly, and the Province of Canada legislature convened after the Act of Union 1840. Debates in the Confederation conferences influenced the drafting of the Constitution Act, 1867 by figures such as George-Étienne Cartier and Alexander Galt, following precedents in the Westminster system exemplified by the Parliament of the United Kingdom and the British Parliament Act 1911. Major crises—like the Conscription Crisis of 1917 and the October Crisis—shaped powers and conventions, while reforms such as the Senate Reform proposals and the adoption of the Canadian Bill of Rights reflected evolving practice. Constitutional patriation in the Constitution Act, 1982 and rulings in cases like Reference re Secession of Quebec and R v. Oakes further defined the institution’s role.

Structure and composition

The body comprises three components: the Crown represented by the Governor General of Canada; an appointed Senate of Canada with regionally distributed seats including representation for Ontario, Quebec, the Maritimes, and the Western provinces; and an elected House of Commons of Canada with members from electoral districts such as Toronto Centre and Vancouver Quadra. Political organization includes parties like the Liberal Party of Canada, the Conservative Party of Canada, the New Democratic Party, the Bloc Québécois, and smaller groups such as the Green Party of Canada. Parliamentary officers include the Clerk of the House of Commons, the Sergeant-at-Arms, the Parliamentary Budget Officer, the Chief Electoral Officer, and the Leader of the Opposition. Leadership has been held by figures such as Pierre Trudeau, Brian Mulroney, Jean Chrétien, Stephen Harper, and Justin Trudeau.

Functions and powers

The institution exercises authority derived from statutes like the Constitution Act, 1867 and doctrines developed in cases including Patriation Reference and Reference re Senate Reform. Key roles include debating and enacting statutes such as the Income Tax Act and appropriations like the Budget of Canada, scrutinizing executive action by ministries including the Department of Finance (Canada) and the Department of National Defence (Canada), and sanctioning treaties such as the North American Free Trade Agreement and instruments concluded by the Global Affairs Canada. It also influences appointments to bodies like the Supreme Court of Canada and oversees wartime measures like those invoked during the First World War and the Second World War.

Legislative process

Legislation typically originates as government bills introduced in the House of Commons of Canada or the Senate of Canada, passes stages including first, second and third readings, and proceeds through committees such as the Standing Committee on Finance and the Standing Committee on Justice and Human Rights. Private members may introduce bills championed in cases like the Wynne case or private members’ successes like the Assisted Dying Bill (C-14). The Royal assent is granted by the Governor General or a deputy, completing enactment; substantive practice has been shaped by precedents from the Westminster system and decisions by the Supreme Court of Canada.

Parliamentary traditions and ceremonies

Ceremonial features include the Speech from the Throne delivered by the Governor General in the Senate chamber, the State Opening of Parliament on Parliament Hill, and symbols such as the Mace (parliamentary) and the robe traditions visible in the Senate of Canada and the House of Commons of Canada. Rituals have been influenced by pages from the British House of Commons and visitors including foreign dignitaries like leaders from the United States and representatives to bodies such as the United Nations General Assembly. Historic events such as the Fire of 1916 at the Centre Block and restorations connected to the Centennial of Confederation have become part of institutional memory.

Relationship with the Crown and executive

The Crown’s role, exercised via the Governor General of Canada, invokes conventions such as responsible government established by advocates like Robert Baldwin and Louis-Hippolyte LaFontaine. The executive branch—composed of the Prime Minister of Canada and the Cabinet of Canada—must maintain confidence in the elected House of Commons as reflected in motions such as supply votes and confidence motions exemplified by the defeat of governments like the Mackenzie King minority governments and the fall of cabinets in episodes including the XII Parliament of Canada (1979–1980). Appointment powers, prerogatives, and reserve powers have been discussed in contexts like the King–Byng Affair and modern controversies over prorogation during the Harper prorogation 2008–2009.

Accountability, committees, and parliamentary privilege

Accountability mechanisms include question periods led by the Leader of the Opposition, questioners such as Thomas Mulcair and Rona Ambrose, budgeting oversight by the Parliamentary Budget Officer, and ethics reviews undertaken by the Conflict of Interest and Ethics Commissioner. Committees—standing, special, and joint—investigate matters involving agencies like the Royal Canadian Mounted Police and Crown corporations such as the Canada Post Corporation and CBC/Radio-Canada. Parliamentary privilege, debated in decisions like New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly) and asserted in contempts and summonses, protects members’ speech and deliberations while courts such as the Federal Court of Canada and the Supreme Court of Canada delineate limits.

Category:Parliaments