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5 Cards in this Set

  • Front
  • Back

Government system

Canada has a federal system of government, with a central federal parliament and government, 10 provinces each with its own unicameral legislature (single house), and three territories, which derive their power from the federal parliament.


Charter

The Canadian Charter of Rights and Freedoms was adopted in1982 under the Constitution Act and it sets out an extensive list of express rights. It applies throughout all the provinces and territories of Canada.




Written in simple, straightforward language, the Charter sets out fundamental freedoms and classifies express rights into the main categories of democratic, mobility, legal and equality rights;there are also language rights.

Structural Protection of Rights

Representative government:The rights that are given structural protection under the Australian Commonwealth Constitution are expressly guaranteed under the Canadian Charter of Rights and Freedoms. Section 2 of the Charter provides everyone with the general right to free speech. Section 3 of the Charter guarantees the right to vote for all its citizens.These sections provide for representative government. If the government fails to act in a manner acceptable to the majority of the people, it can be voted out of office at the next election.






Separation of powers:The principle of separation of powers is limited in Canada. As in Australia, the legislature and the executive are combined. The members of the House of Commons (the lower house in Canada) are elected by the people. The members of the Canadian Senate are recommended by the prime minister and appointed by the governor-general. Their appointment is for life or until they reach the age of 75.The Supreme Court of Canada is a separate body and anyone whose rights or freedoms have been infringed or denied may apply to a court of competent jurisdiction to obtain a remedy. However, only democratic rights and mobility rights are fully enforceable by the courts. Other rights in the charter can be overridden by an Act of parliament. The principle of separation of powers therefore provides less protection in Canada than in Australia.

Express Rights

The Canadian Charter of Rights and Freedoms is entrenched within the Canadian Constitution Act 1982in the same way that rights are entrenched within the Constitution in Australia. However, the list of express rights in Canada is much more extensive.The Charter protects individuals from violations of their human rights and fundamental freedoms by acting as a restriction on governments and parliaments, their actions and laws. Its provisions apply to the federal parliament and the legislature of each province and territory.

Express Rights examples

• Fundamental Freedoms


• Democratic rights


• Mobility rights


• Legal rights


• Equality rights


• Language rights


• Guarantee of certain rights and freedoms of the aboriginal people of Canada