Enacting a StatuteEnacting a Statute

Definitions( Chapter 3)Definitions( Chapter 3) Unitary systemUnitary system: a one-level system of governing: a one-level system of governing Federal systemFederal system: a two-level system of governing: a two-level system of governing Residual powersResidual powers: federal responsibility to make laws in legislating areas : federal responsibility to make laws in legislating areas

not assigned to the provincesnot assigned to the provinces Intra viresIntra vires: within the power of government to pass laws: within the power of government to pass laws Ultra viresUltra vires: beyond the power of government to pass laws: beyond the power of government to pass laws Statute of WestminsterStatute of Westminster: legislation passed in Britain that extended : legislation passed in Britain that extended

Canada’s law-making powersCanada’s law-making powers Shared Cost agreementShared Cost agreement: arrangements between the two levels of : arrangements between the two levels of

government to share the cost of the programs in areas not identified in the government to share the cost of the programs in areas not identified in the BNA act.BNA act.

Civil libertiesCivil liberties: basic individual rights protected by law ,such as freedom of : basic individual rights protected by law ,such as freedom of speechspeech

PatriatePatriate: to bring legislative power under the authority of the country to : to bring legislative power under the authority of the country to which it applies. which it applies.

Definitions( Chapter 3)Definitions( Chapter 3) Principal of EqualizationPrincipal of Equalization :Section 36 of the Constitution Act,1982,which :Section 36 of the Constitution Act,1982,which

provides for equal access to essential services for all Canadiansprovides for equal access to essential services for all Canadians Amending FormulaAmending Formula: prosecution for changing the Constitution: prosecution for changing the Constitution Canadian Charter of rights and freedoms: Canadian Charter of rights and freedoms: a section of the Constitutional a section of the Constitutional

Act,1982 ,which sets out constitutionally protected rights and freedomsAct,1982 ,which sets out constitutionally protected rights and freedoms Executive BranchExecutive Branch: the administrative branch of government responsible for : the administrative branch of government responsible for

carrying out government's plans and policiescarrying out government's plans and policies Legislative BranchLegislative Branch: the branch of government that has the power to make, : the branch of government that has the power to make,

change, and repeal laws.change, and repeal laws. JudiciaryJudiciary: the branch of government responsible for presiding over Canada’s : the branch of government responsible for presiding over Canada’s

Court systemCourt system Government of public billGovernment of public bill: legislation proposed by a Cabinet minister: legislation proposed by a Cabinet minister Private Member’s billPrivate Member’s bill: legislation proposed by an MP who is not in the Cabinet: legislation proposed by an MP who is not in the Cabinet Lobby GroupsLobby Groups: people who try to influence legislators in favour of their cause.: people who try to influence legislators in favour of their cause. Bill:Bill: proposed legislature proposed legislature

Definitions( Chapter 3)Definitions( Chapter 3) Federal Federal

ResponsibilitiesResponsibilities

BankingBankingBills of Bills of ExchangeExchangeCensus and Census and StatisticsStatisticsCitizenshipCitizenshipCriminal Criminal Law Law Currency Currency and and CoinageCoinageDefenceDefenceEmploymenEmployment Insurancet InsuranceForeign Foreign AffairsAffairsIndian Indian AffairsAffairsMarriage Marriage and Divorceand Divorce

Navigation Navigation and and Shipping Shipping Old age Old age pensionpensionPatents and Patents and CopyrightsCopyrightsPenitentiariPenitentiariesesPostal Postal ServiceServicePublic DebtPublic DebtResidual Residual PowersPowersSeacoast Seacoast and inland and inland fisheriesfisheriesTaxationTaxationTrade and Trade and CommerceCommerce

Definitions( Chapter 3)Definitions( Chapter 3) Provincial Provincial

ResponsibilitiesResponsibilitiesCompensation to Compensation to injured workersinjured workersDirect taxation Direct taxation within the provincewithin the provinceEducationEducationMaintenance of Maintenance of hospitalshospitalsLabour and trade Labour and trade unionsunionsMunicipal Municipal institutionsinstitutionsNatural ResourcesNatural ResourcesProperty and Civil Property and Civil RightsRightsProvincial Courts Provincial Courts and Lawsand LawsSolemnization of Solemnization of MarriageMarriage

Steps of the Bill or Proposed Steps of the Bill or Proposed LegislationLegislation

http://http://www.youtube.com/watch?vwww.youtube.com/watch?v=DAv9IAb55ig=DAv9IAb55ig

Idea

First Reading Second Reading Third Reading

Idea SourcesIdea Sources Royal CommissionRoyal Commission Advisory BoardsAdvisory Boards Individual or interest groupsIndividual or interest groups Ministers’ initiativesMinisters’ initiatives

Draft Legislation

First ReadingFirst Reading Bill is introduces and given the first reading( Bill is introduces and given the first reading(

Mps can talk to their constituents to find out Mps can talk to their constituents to find out their opinions) about the proposed bill or their opinions) about the proposed bill or conduct research to prepare for the debateconduct research to prepare for the debate

Minister may discuss they purpose of the Minister may discuss they purpose of the billbill

Background Information is supplied to Background Information is supplied to opposition partiesopposition parties

Bill is printed and distributedBill is printed and distributed

Second ReadingSecond Reading Principle of the bill is debatedPrinciple of the bill is debated Minister may make a speech to open Minister may make a speech to open

the debatethe debate Each member can make only one Each member can make only one

speechspeech Bill may be referred to committee for Bill may be referred to committee for

revision and further examinationrevision and further examination

Third ReadingThird Reading Debate is restricted to contents of Debate is restricted to contents of

the billthe bill NO amendments can be movedNO amendments can be moved

Vote Held

Vote HeldVote Held Federal SystemFederal System Steps are repeated Steps are repeated

in the Senatein the Senate Governor GeneralGovernor General Royal Assent and Royal Assent and

ProclamationProclamation

Provincial SystemProvincial System Lieutenant –Lieutenant –

GovernorGovernor Royal Assent and Royal Assent and

ProclamationProclamation

Indicate whether the following statements are true or false.Indicate whether the following statements are true or false. Be sure to correct the statements you identify as false.Be sure to correct the statements you identify as false.

““Ultra viresUltra vires “means “within the government’s jurisdictional “means “within the government’s jurisdictional power”.___power”.___FalseFalse. . Ultra vires means beyond the Ultra vires means beyond the governemnts’ jurisdictional governemnts’ jurisdictional power___________________________________power___________________________________

The executive branch of the government administers laws. The executive branch of the government administers laws. _____True_____True______________________________________________________________

Residual powers are identified in the BNA Act, 1867. Residual powers are identified in the BNA Act, 1867. __False__.__False__.Residual powers are assigned to the federal Residual powers are assigned to the federal government but are not specifically government but are not specifically identified________________________________identified________________________________

A “bill” is another word for act. ___ False. A “bill” is another word for act. ___ False. A bill is a A bill is a proposed law_________________________________proposed law_________________________________

True or FalseTrue or False Prime Minister Mulroney was instrumental in patriating the Constitution. Prime Minister Mulroney was instrumental in patriating the Constitution.

___False. ___False. Prime Minister Trudeau was in the office when the Prime Minister Trudeau was in the office when the Constitution was patriatedConstitution was patriated._________________________________._________________________________

The Canadian Charter of Rights and Freedoms is considered Constitutional The Canadian Charter of Rights and Freedoms is considered Constitutional Law. _Law. _True_True_____________________________________________________________________

A government bill can be introduced by a cabinet member. A government bill can be introduced by a cabinet member. ________TrueTrue________________________________________________________________

The amending formula and the Principal of Equalization are two sections The amending formula and the Principal of Equalization are two sections of the Canadian Charter of Rights and Freedoms. _of the Canadian Charter of Rights and Freedoms. _False. There are two False. There are two sections of the Constitution__ Act____________sections of the Constitution__ Act____________

In a federal system, the federal government has more power than it would In a federal system, the federal government has more power than it would have in a unitary system. _ have in a unitary system. _ False. In a unitary system there is only one False. In a unitary system there is only one level of governmentlevel of government ________________________________________________________________________________________________________________

True or FalseTrue or False The statute of Westminster is an amendment to the The statute of Westminster is an amendment to the

BNA Act, 1867. __BNA Act, 1867. __False. This was a British False. This was a British statute that allowed all of the Dominions statute that allowed all of the Dominions more power__________________________________more power__________________________________

The shared cost agreement was one of the four key The shared cost agreement was one of the four key elements added to the Constitution Act, 1982. elements added to the Constitution Act, 1982. ____False. Shared cost agreements were devised False. Shared cost agreements were devised to allow two levels of government to share to allow two levels of government to share the cost of programs in areas not identified in the cost of programs in areas not identified in the BNA act.__________________________________the BNA act.__________________________________

Lobby groups represent people who share a Lobby groups represent people who share a common concern. common concern. _____True____________________________________True_______________________________

Check Your KnowledgeCheck Your Knowledge What are the residual powers and What are the residual powers and

which level of government has them? which level of government has them? Refer to the owners that are not Refer to the owners that are not specifically listed in the specifically listed in the Constitution as being assigned to Constitution as being assigned to one level of government or the one level of government or the other. The residual powers fall other. The residual powers fall under the federal government’s under the federal government’s jurisdiction.jurisdiction.

Check Your KnowledgeCheck Your Knowledge Using examples, explain the concept of intra vires Using examples, explain the concept of intra vires

and ultra vires. and ultra vires. Intra viresIntra vires refers to legislation refers to legislation that is created within the authority of a legislative that is created within the authority of a legislative body. S. 93 of the Constitution Act assigns the body. S. 93 of the Constitution Act assigns the power over education to the provinces which power over education to the provinces which means that the provincial governments determine means that the provincial governments determine policy for education in the province. policy for education in the province. Ultra vires Ultra vires refers refers to legislation that has been created that is to legislation that has been created that is beyond the authority of the legislative body. beyond the authority of the legislative body. Should the federal government create legislation Should the federal government create legislation on educational matters that are within the on educational matters that are within the provincial jurisdiction, such legislation could be provincial jurisdiction, such legislation could be declared ultra vires, and therefore, not legal.declared ultra vires, and therefore, not legal.

Check Your KnowledgeCheck Your Knowledge Explain the amending formula for changing Explain the amending formula for changing

constitutional law. constitutional law. The amending The amending formula included in the Constitution formula included in the Constitution Act, 1982, provided that any changes Act, 1982, provided that any changes to the Constitution required the to the Constitution required the approval of the Parliament of Canada approval of the Parliament of Canada plus two- thirds of the provinces plus two- thirds of the provinces representing 50 percent of the representing 50 percent of the population or more. In the case where population or more. In the case where only one province is involved, that only one province is involved, that province and the Parliament of Canada province and the Parliament of Canada need only approve the change.need only approve the change.

Check Your KnowledgeCheck Your Knowledge What is the role of a Royal Commission in What is the role of a Royal Commission in

making laws? making laws? The purpose of a Royal The purpose of a Royal Commission is to conduct an impartial Commission is to conduct an impartial investigation of specific national investigation of specific national problems. A commission extensively problems. A commission extensively examines an important issue of national examines an important issue of national concern and then makes recommendations concern and then makes recommendations to the government on how to deal with to the government on how to deal with these problems. The government may then these problems. The government may then choose to implement those choose to implement those recommendations by changing the law.recommendations by changing the law.

Explain what happens to a bill Explain what happens to a bill in the following situations: in the following situations:

The bill is passed by the SenateThe bill is passed by the Senate. . After a bill has been passed by After a bill has been passed by the Senate, it goes to the the Senate, it goes to the Governor General where it Governor General where it receives royal assent and is receives royal assent and is proclaimed to be in force.proclaimed to be in force.

Scenario IIScenario II Parliament adjourns before the vote is Parliament adjourns before the vote is

taken. If Parliament adjourns before a taken. If Parliament adjourns before a vote on the bill is taken, then the bill vote on the bill is taken, then the bill “dies on the floor”, which means that “dies on the floor”, which means that it is no longer under the consideration it is no longer under the consideration to become law. If the government still to become law. If the government still wanted to pass this legislation , then wanted to pass this legislation , then it would have to reintroduce the bill in it would have to reintroduce the bill in the next parliamentary session.the next parliamentary session.

Scenario IIIScenario III The bill is passed by the House of The bill is passed by the House of

Commons. After a bill is passed by Commons. After a bill is passed by the House of Commons, it moves to the House of Commons, it moves to the Senate where it goes through the Senate where it goes through the three readings.the three readings.

Scenario IVScenario IV The bill is defeated by the House of The bill is defeated by the House of

CommonsCommons. If a bill is defeated in . If a bill is defeated in the House of Commons, then the House of Commons, then the bill dies and is no longer the bill dies and is no longer under consideration to become under consideration to become law.law.