In: Economics
The British North American Act, which is the basis of the modern Constitution of Canada, was enacted in 1867, creating the Dominion of Canada-a component of the British Empire that is self-governing. As one federal union, the Act united the Provinces of Upper and Lower Canada, Nova Scotia and New Brunswick together. The Dominion would later be replaced by other provinces. For all matters not expressly delegated to the territorial governments, the federal legislature was granted authority to legislate. The Act also granted the federal government the power within two years of its enactment to disallow any territorial act. The provinces could only levy direct taxes, although either form of taxes could be used by the dominion. The Act thus called for a fairly centralised union.
The Canadian Bill of Rights, which did not form part of the BNAA, was introduced by the federal government in 1960. The Bill of Rights was equal to all other constitutional statute and applicable solely to the federal government, prior to the statute, covering basic liberties, legal rights and equality. This bill was not entrenched, but provided that, unless specifically specified, no future statute can be interpreted to violate the rights enumerated in it. The comparatively lax protections established by the laws helped to drive the campaign for a more Canadian constitution. The Victoria Charter, a plan for patrializing the constitution, was created by a constitutional conference held in 1971 in Victoria, but the provinces refused to affirm their adoption of the Charter. In 1975 and 1976, similar attempts failed.
The executive power shall be officially delegated to the Queen and shall be exercised by the Governor-General. He or she appoints the government, gives permission to legislation, dissolves and expands Parliament and plays several other functions ceremonially, but is in fact a figurehead, acting almost entirely on the government's advice. On the recommendation of the Prime Minister, the Governor General is appointed by the Queen for an indefinite period ( usually five years). With the only constraint being that parliament must assemble at least once a year, the Governor-General has the authority to disband and prorogue (meaning suspend) Parliament. In recent years, the exercise of these prerogatives, in particular prorogation, on the recommendation of prime ministers, has attracted substantial controversy.
In Canada, the Supreme Court, which consists of nine judges, is the highest court. The Court was not created by the Constitution of Canada, but created by a separate Statute. A individual may have been a justice of a provincial supreme court or a barrister or lawyer for at least ten years at the provincial bar in order to be appointed a justice. It is appropriate to nominate at least three of the judges from among the judges of the Court of Appeal or of the Supreme Court of the Province of Quebec or from among the judges of that Province. Up to the age of seventy-five, all judges serve