Misplaced Pages

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81-540: Bill C-341 was introduced by future Prime Minister and then Reform MP Stephen Harper , and reached First Reading on October 30, 1996. Its full title was "An Act to establish the terms and conditions that must apply to a referendum relating to the separation of Quebec from Canada before it may be recognized as a proper expression of the will of the people of Quebec." Bill C-341 did not proceed any further in Parliament following First Reading. "This enactment allows

162-557: A 2007 amendment to the Canada Elections Act , Section 56.1(2) limited the term of a Parliament to four years, with election day being set as the third Monday in October of the fourth calendar year after the previous polling date. The governor general may still, on the advice of the prime minister, dissolve parliament and issue the writs of election prior to the date mandated by the constitution or Canada Elections Act ;

243-543: A caucus may trigger a party leadership review and, if necessary, chose an interim leader, thereby making a prime minister more accountable to the MPs in one's party. Caucuses may choose to follow these rules, though the decision would be made by recorded vote, thereby subjecting the party's choice to public scrutiny. The Senate may delay or impede legislation put forward by the Cabinet, such as when Brian Mulroney 's bill creating

324-642: A colony. Since the British North America Act was an Imperial statute extending to Canada, any Canadian law violating the BNA Act was inoperative. Although there was no express provision giving the courts the power to decide that a Canadian law violated the BNA Act and was therefore inoperative, this power was implicit in s. 2 of the Colonial Laws Validity Act , which established the priority of statutes to be applied by

405-538: A conference of first ministers (i.e. provincial premiers) to discuss the amendment and invite "representatives of the aboriginal peoples of Canada" to discuss the amendment. Section 35.1 was added to Part II of the Constitution Act, 1982 in 1983. Section 35.1 was invoked in the negotiations that led to the Charlottetown Accord , which would have greatly expanded aboriginal rights and recognized

486-605: A few sections of the Constitution Act, 1982 , and the Letters Patent, 1947 , issued by King George VI . The office and its functions are instead governed by constitutional conventions and modelled on the same office in the United Kingdom . In 2008, a public opinion survey showed that 51% of Canadians believed they voted to directly elect the prime minister. In fact, the prime minister, along with

567-532: A government, the governor general can consult whomever he wishes. While there is no legal requirement for the prime minister to be an MP, for practical and political reasons the prime minister is expected to win a seat very promptly. However, in rare circumstances individuals who are not sitting members of the House of Commons have been appointed to the position of prime minister. Two former prime ministers— John Joseph Caldwell Abbott and Mackenzie Bowell —served in

648-434: A majority of seats, the prime minister may resign or choose to meet Parliament to see if the incumbent government can win a confidence vote. Should the prime minister's party achieve a minority while an opposition party wins a plurality (i.e., more seats than any other party but less than a majority), the prime minister can attempt to maintain the confidence of the House by forming a coalition with other minority parties, which

729-803: A new amending formula, the Parliament of Canada requested that the Parliament of the United Kingdom give up its power to amend the Constitution of Canada. The enactment of the Canada Act 1982 by the British Parliament in March 1982 confirmed the Patriation of the Constitution and transferred to Canada the power of amending its own Constitution. On April 17, 1982, Queen Elizabeth II and Prime Minister Pierre Trudeau , as well as

810-523: A provincial legislature can repeal such a law. Before the 1982 Act came into effect, the British North America Act, 1867 (now known as the Constitution Act, 1867 ) had been the supreme law of Canada. The supremacy of the 1867 Act had originally been established by virtue of s. 2 of the Colonial Laws Validity Act , a British Imperial statute declaring the invalidity of any colonial law that violated an Imperial statute extending to

891-487: A right to self-government. Various other sections of Part V lay out such things as compensation for opting out, when and how a province may opt out of a constitutional amendment, and time limits for achieving a constitutional amendment. The act also amended the division of powers by adding the natural resources amendment to the Constitution Act, 1867 . The new provisions, section 92A and the Sixth Schedule , gave

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972-482: A seat in the House of Commons; Turner won a riding in the next election but the Liberal Party was swept from power. When a prime minister loses their seat in the legislature, or should a new prime minister be appointed without holding a seat, the typical process that follows is that a member in the governing political party will resign to allow the prime minister to run in the resulting by-election. A safe seat

1053-575: A senator, and Bennett moved to the United Kingdom after being elevated to the House of Lords . A number were leaders of the Official Opposition : John A. Macdonald, Arthur Meighen , Mackenzie King, and Pierre Trudeau, all before being re-appointed as prime minister (Mackenzie King twice); Alexander Mackenzie and John Diefenbaker , both prior to sitting as regular Members of Parliament until their deaths; Wilfrid Laurier dying while still in

1134-533: Is a part of the Constitution of Canada . The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867 , including re-naming it the Constitution Act, 1867 . In addition to patriating the Constitution, the Constitution Act, 1982 enacted the Canadian Charter of Rights and Freedoms ; guaranteed rights of

1215-806: Is a prime minister and a government in place, and exercising the right 'to encourage, to advise, and to warn'[...] Without really revealing any secrets, I can tell you that I have done all three." Two official residences are provided to the prime minister— 24 Sussex Drive in Ottawa and Harrington Lake , a country retreat in Gatineau Park —as well an office in the Office of the Prime Minister and Privy Council building (formerly known as Langevin Block), across from Parliament Hill . For transportation,

1296-400: Is often the leader of the party, or a coalition of parties, whose members form a majority , or a very large plurality , of seats in the House of Commons. No document is needed to begin the appointment; a party leader becomes prime minister-designate as soon as he accepts the governor general's invitation to form a government . A prime minister who has given intention to resign may advise

1377-762: Is supported by the Prime Minister's Office and heads the Privy Council Office . The prime minister also selects individuals for appointment as governor general (in the federal jurisdiction) and lieutenant governor (in the provinces ), as well as to the Senate of Canada , Supreme Court of Canada , other federal courts , and the chairs and boards of various Crown corporations . Since Confederation in 1867, 23 prime ministers (twenty-two men and one woman) have formed 29 ministries . Justin Trudeau

1458-466: Is the case in the UK). There do exist checks on the prime minister's power: the House of Commons may revoke its confidence in an incumbent prime minister and Cabinet or caucus revolts can quickly bring down a serving premier and even mere threats of such action can persuade or compel a prime minister to resign their post, as happened with Jean Chrétien . The Reform Act, 2014 , codifies the process by which

1539-411: Is the current prime minister, who took office on November 4, 2015, following the 2015 federal election , wherein his Liberal Party won a majority of seats. Trudeau's Liberals subsequently won a plurality of seats in the 2019 and 2021 elections , leaving Trudeau with minority governments . The position of prime minister is not outlined in any Canadian constitutional document and is mentioned only in

1620-573: Is the part I of the Constitution Act, 1982 . The Charter is a bill of rights to protect certain political rights, legal rights and human rights of people in Canada from the policies and actions of all levels of government. An additional goal of the Charter is to unify Canadians around a set of principles that embody those rights. The Charter was preceded by the Canadian Bill of Rights , which

1701-482: Is too vague. Since the courts would not be of much use in interpreting the section, the section was nearly amended in 1992 with the Charlottetown Accord to make it enforceable. The Accord never came into effect. These two parts provided for constitutional conferences within certain time limits. Once the conferences were held, the two parts were repealed. Subsection 52(3) of the Constitution Act, 1982 requires constitutional amendments to be made in accordance with

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1782-529: Is usually chosen; while the Liberal and Conservative parties generally observed a practice of not running a candidate against another party's new leader in the by-election, the New Democratic Party and smaller political parties typically do not follow the same practice. However, if the governing party selects a new leader shortly before an election is due, and that new leader is not a member of

1863-559: Is vested in the monarch (who is the head of state ), but, in practice, the powers of the monarch and governor general are nearly always exercised on the advice of the Cabinet, which is collectively responsible to the House of Commons. Canadian prime ministers are appointed to the Privy Council and styled as the Right Honourable (French: le très honorable ), a privilege maintained for life. The prime minister

1944-410: The 1925 federal election and again in the 1945 Canadian federal election (despite his party being elected government both times), briefly governed without a seat in the House of Commons on both occasions before winning a by-election a few weeks later. Similarly, John Turner replaced Pierre Trudeau as leader of the Liberal Party in 1984 and subsequently was appointed prime minister while not holding

2025-503: The British North America Act in Canadian law until the enactment of the Constitution Act, 1982 . Section 52(2) of the Constitution Act, 1982 defines the "Constitution of Canada." The Constitution of Canada is said to include: Section 52(2), in addition to containing many Imperial Statutes, contains eight Canadian statutes, three of which created the provinces of Alberta, Manitoba and Saskatchewan, and five of which were amendments to

2106-592: The Canadian Armed Forces . Pierre Trudeau is often credited with, throughout his tenure as prime minister (1968–79, 1980–84), consolidating power in the PMO, which is itself filled by political and administrative staff selected at the prime minister's discretion and unaccountable to Parliament. At the end of the 20th century and into the 21st, analysts—such as Jeffrey Simpson , Donald Savoie , Andrew Coyne , and John Gomery —argued that both Parliament and

2187-551: The Constitution Act, 1867 and section 23 of the Manitoba Act , 1870 to mean that the English and French versions of federal, Quebec and Manitoba statutes are equal. Despite sections 56 and 57, significant portions of the Constitution of Canada were only enacted in English and even if there exist unofficial French translations, their English versions alone have force of law. To address this problem, section 55 requires that

2268-554: The Constitution Act, 1867 . The Canadian courts have reserved the right to add and entrench principles and conventions into the Constitution unilaterally. Although a court's ability to recognize human rights not explicitly stated in a constitution is not particularly unusual, the Canadian situation is unique in that this ability extends to procedural issues not related to human rights. In particular, in New Brunswick Broadcasting Co v Nova Scotia (Speaker of

2349-557: The Goods and Services Tax (GST) came before the Senate, and given Canada's federal nature , the jurisdiction of the federal government is limited to areas prescribed by the constitution. Further, as executive power is constitutionally vested in the monarch, meaning the royal prerogative belongs to the Crown and not to any of its ministers, the sovereign's supremacy over the prime minister in

2430-486: The King–Byng Affair was the only time since Confederation that the governor general refused the prime minister's request for a general vote. Following parliamentary dissolution, should the prime minister's party subsequently win a majority of seats in the House of Commons, it is unnecessary to re-appoint the prime minister or for the prime minister to retake the oath of office. If, however, an opposition party wins

2511-652: The Minister of Justice , Jean Chrétien , and André Ouellet , the Registrar General , signed the Proclamation which brought the Constitution Act, 1982 into force. The proclamation confirmed that Canada had formally assumed authority over its constitution, the final step to full sovereignty. As of 2024 , the Government of Quebec has never formally approved of the enactment of the act, though

Quebec Contingency Act - Misplaced Pages Continue

2592-413: The advice given by the prime minister is ordinarily binding, meaning the prime minister effectively carries out those duties ascribed to the sovereign or governor general, leaving the latter to act in predominantly ceremonial fashions. As such, the prime minister, supported by the Office of the Prime Minister (PMO), controls the appointments of many key figures in Canada's system of governance, including

2673-511: The peerage of the United Kingdom by King George VI as Viscount Bennett, of Mickleham in the County of Surrey and of Calgary and Hopewell in Canada. No prime minister has since been titled. The Canadian Heraldic Authority (CHA) grants former prime ministers an augmentation of honour on the coat of arms of those who apply for them. The heraldic badge, referred to by the CHA as the mark of

2754-475: The 1890s while members of the Senate . Both, in their roles as government leader in the Senate , succeeded prime ministers who had died in office— John A. Macdonald in 1891 and John Sparrow David Thompson in 1894. Prime ministers who are not MPs upon their appointment (or who lose their seats while in office) have since been expected to seek election to the House of Commons as soon as possible. For example, William Lyon Mackenzie King , after losing his seat in

2835-617: The Aboriginal peoples of Canada; entrenched provincial jurisdiction over natural resources; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future. This process was necessary because, after the Statute of Westminster, 1931 , Canada allowed the British Parliament to retain the power to amend Canada's constitution, until Canadian governments could agree on an all-in-Canada amending formula. In 1981, following substantial agreement on

2916-622: The Australian and British parliaments passed the Australia Act 1986 . The Australian High Court subsequently recognized that the Act established Australia as an independent country, making Britain a foreign power. New Zealand experienced a constitutional crisis in 1984 , which led to a desire for constitutional reform. The New Zealand Parliament patriated its own constitution in the Constitution Act 1986 . Unlike Canada, New Zealand already had

2997-587: The Cabinet had become eclipsed by prime ministerial power; Savoie wrote: "The Canadian prime minister has little in the way of institutional check, at least inside government, to inhibit his ability to have his way." Indeed, the position has been described as undergoing a "presidentialization", to the point that its incumbents publicly outshine the actual head of state (and prime minister's spouses are sometimes referred to as First Lady of Canada ). Former governor general Adrienne Clarkson alluded to what she saw as "an unspoken rivalry" that had developed between

3078-542: The Charter provides that the guarantee of rights and freedoms in the Charter should not be understood to "abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada, including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763 ; and (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired." Section 36 enshrines in

3159-537: The Constitution a value of equal opportunity for the Canadian people, economic development to support that equality, and government services available for public consumption. Subsection 2 goes further in recognizing a "principle" that the federal government should ensure equalization payments . Writing in 1982, Professor Peter Hogg expressed scepticism as to whether the courts could interpret and enforce this provision, noting its "political and moral, rather than legal" character. Other scholars have noted section 36

3240-406: The Crown and aboriginal peoples. Section 35 also provides protection of aboriginal title which protects the use of land for traditional practices. Subsection 35(2) provides that aboriginal and treaty rights extend to Indian , Inuit , and Métis peoples and subsection 35(4), which was added in 1983, ensures that they "are guaranteed equally to any male and female persons". Subsection 35(3), which

3321-540: The Crown in right of the United Kingdom, which has periodically bestowed such Imperial honours on such citizens) has since adopted this policy generally, such that the last prime minister to be knighted near appointment was Robert Borden , who was the prime minister at the time the Nickle Resolution was debated in the House of Commons (and was knighted before the resolution). Still, Bennett was, in 1941, six years after he stepped down as prime minister, elevated to

Quebec Contingency Act - Misplaced Pages Continue

3402-558: The French version. Although the intention was presumably that the government of Canada would do so by introducing an amendment resolution in the House of Commons, a Senator or a provincial government could presumably do so since, under section 46, such amendments "may be initiated either by the Senate or the House of Commons or by the legislative assembly of a province". The patriation of the Canadian constitution set an example for similar actions by Australia and New Zealand. In 1985 and 1986,

3483-513: The Government of Canada to determine whether a referendum question in Quebec is clear and unambiguous. If an affirmative answer is given to a clear question, the enactment authorizes the negotiation of separation, subject to the approval of the rest of Canada by referendum. It affirms that a unilateral declaration of independence is ineffective with respect to Canadian law and does not affect

3564-606: The Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada." No action has been taken to put forward the French version for enactment. The reference to a proclamation by the Governor-General implies that some combination of the general, unanimity and special arrangements procedures would be required to enact

3645-524: The House of Assembly) , the Supreme Court of Canada said that s. 52(2) was not an exhaustive listing of all that comprised the Constitution. The Court reserved the right to add unwritten principles to the Constitution, thereby entrenching them and granting them constitutional supremacy (in this case, they added parliamentary privilege to the Constitution). The Court did note, however, that

3726-646: The House of Commons during Question Period , other members of parliament may address the prime minister as the Right Honourable Member for [prime minister's riding ] or simply the Right Honourable Prime Minister . Former prime ministers retain the prefix the Right Honourable for the remainder of their lives; should they remain sitting MPs, they may be referred as the Right Honourable Member for [member's riding] , by their portfolio title (if appointed to one), as in

3807-483: The Prime Ministership of Canada , consists of four red maple leaves joined at the stem on a white field ( Argent four maple leaves conjoined in cross at the stem Gules ); the augmentation is usually a canton or centred in the chief . Joe Clark , Pierre Trudeau, John Turner, Brian Mulroney, Kim Campbell , Jean Chrétien and Paul Martin were granted arms with the augmentation. Canada continues

3888-743: The Right Honourable Minister of National Defence , or should they become opposition leader, as the Right Honourable Leader of the Opposition . In the decades following Confederation, it was common practice to refer to the prime minister as Premier of Canada , a custom that continued during the First World War , around the time of Robert Borden's premiership. While contemporary sources will still speak of early prime ministers of Canada as premier ,

3969-513: The Supreme Court concluded that Quebec's formal consent was never necessary and 15 years after ratification the government of Quebec "passed a resolution authorizing an amendment." Nonetheless, the lack of formal approval has remained a persistent political issue in Quebec. The Meech Lake and Charlottetown Accords were designed to secure approval from Quebec, but both efforts failed to do so. The Canadian Charter of Rights and Freedoms

4050-562: The Westminster tradition of using the title Prime Minister when one is speaking to the federal head of government directly; the Department of Canadian Heritage advises that the term Mr. Prime Minister should not be used in official contexts. The written form of address for the prime minister should use their full parliamentary title: The Right Honourable [name], [ post-nominal letters ], Prime Minister of Canada . However, while in

4131-486: The constitutional order is thus seen as a "rebuff to the pretensions of the elected: As it has been said, when the prime minister bows before the queen, he bows before us [the Canadian people]." Either the sovereign or the governor general may therefore oppose the prime minister's will in extreme, crisis situations. Near the end of her time as governor general, Adrienne Clarkson stated: "My constitutional role has lain in what are called 'reserve powers': making sure that there

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4212-470: The country and Bowell the only whose funeral was not attended by politicians. John Thompson also died outside Canada, at Windsor Castle , where Queen Victoria permitted his lying-in-state before his body was returned to Canada for a state funeral in Halifax . Prior to 1919, it was traditional for the monarch to bestow a knighthood on newly appointed Canadian prime ministers. Accordingly, several carried

4293-546: The courts. In 1931, the British Parliament enacted the Statute of Westminster, 1931 . This Act provided that the Colonial Laws Validity Act no longer applied to the British Dominions , including Canada. However, it provided that Canada could not amend the British North America Act , which remained subject to amendment only by the British Parliament. This provision maintained the supremacy of

4374-442: The extent of the inconsistency, of no force or effect." A law that is inconsistent with the Constitution is theoretically of no force or effect from the moment it is made. In practical terms, however, such a law is not seen to be invalid until a court declares it to be inconsistent with the provisions of the Constitution. The executive cannot enforce a law that a court has declared to be without force or effect. But only Parliament or

4455-543: The federal Minister of Justice prepare "a French version of the…Constitution of Canada as expeditiously as possible." The Minister of Justice established a French Constitution Drafting Committee in 1984, which prepared French versions of the Constitution, and presented them to the Minister in 1990. Section 55 also requires that "when any portion thereof sufficient to warrant action being taken has been so prepared, it shall but put forward for enactment by proclamation issued by

4536-664: The financial sector; Lester B. Pearson , who was Chancellor of Carleton University ; Joe Clark and Kim Campbell, who were university lecturers, Clark also consultant and Campbell working in international diplomacy and as the director of private companies and chairperson of interest groups; while Pierre Trudeau and Jean Chrétien returned to legal practice. Former prime ministers also commonly penned autobiographies—Tupper, for example—or published their memoirs—such as Diefenbaker and Paul Martin . Constitution Act, 1982 [REDACTED] Canada portal The Constitution Act, 1982 (French: Loi constitutionnelle de 1982 )

4617-556: The functioning of the Canadian Parliament, Government and courts with respect to Quebec." Prime Minister of Canada This is an accepted version of this page The prime minister of Canada (French: premier ministre du Canada ) is the head of government of Canada . Under the Westminster system , the prime minister governs with the confidence of a majority of the elected House of Commons ; as such,

4698-400: The future prime minister by the governor general , after either the individual's political party won a general election or proposed to form either a confidence-and-supply government or coalition government. The term does not apply to incumbent prime ministers. After exiting office, former prime ministers of Canada have engaged in various pursuits. Some remained in politics: Bowell continued as

4779-469: The governor general on whom to appoint as the next prime minister. However, if the prime minister is resigning because he has lost the confidence of the House of Commons, the viceroy is not obligated to follow that advice. Ivor Jennings wrote, "where the government is defeated and there is a leader of the opposition , the King must send for him." If the leader of the opposition is unable or unwilling to form

4860-456: The governor general, the Cabinet, justices of the Supreme Court , senators, heads of Crown corporations , ambassadors and high commissioners , the provincial lieutenant governors , and approximately 3,100 other positions. Further, the prime minister plays a prominent role in the legislative process—with the majority of bills put before Parliament originating in the Cabinet—and the leadership of

4941-414: The governor general. The prime minister is, instead, the head of government and is responsible for advising the Crown on how to exercise much of the royal prerogative and its executive powers, which are governed by the written constitution and constitutional conventions. However, the function of the prime minister has evolved with increasing power. Today, per the doctrines of constitutional monarchy ,

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5022-597: The guarantee of rights and the role of judges in enforcing them than was the Canadian Bill of Rights . The courts , when confronted with violations of Charter rights, have struck down unconstitutional statutes or parts of statutes, as they did when Canadian case law was primarily concerned with resolving issues of federalism . However, section 24 of the Charter granted new powers to the courts to enforce more creative remedies and to exclude improperly obtained evidence in criminal trials. These powers are greater than what

5103-427: The legislature, they will normally await the upcoming election before running for a seat in Parliament. The prime minister serves at His Majesty's pleasure , meaning the post does not have a fixed term, and once appointed and sworn in by the governor general, the prime minister remains in office until they resign, are dismissed, or die. While the lifespan of a parliament is constitutionally limited to five years,

5184-550: The list of written documents was static and could not be modified except for through the amending formulas. Section 56 of the Act provides that the parts of the Constitution that were enacted in English and French are equally authoritative , and section 57 adds that the English and French versions of the Constitution Act, 1982 itself are equal. Section 57 is akin section 18 of the Charter, which provides that English and French versions of federal and New Brunswick statutes are equal. The Supreme Court has interpreted section 133 of

5265-411: The modern practice is such that the federal head of government is known almost exclusively as the prime minister , while the provincial and territorial heads of government are termed premiers (in French, premiers are addressed as premier ministre du [province] , literally translated as prime minister of [province] ). The prime minister–designate of Canada is the person who has been designated as

5346-406: The other ministers in Cabinet, is appointed by the governor general on behalf of the monarch. By the conventions of responsible government , the foundation of parliamentary democracy, the governor general will call to form a government the individual most likely to receive the support, or confidence, of a majority of the directly elected members of the House of Commons ; as a practical matter, this

5427-447: The post; and Charles Tupper , Louis St. Laurent , and John Turner, each before they returned to private business. Meighen was also appointed to the Senate following his second period as prime minister, but resigned his seat to seek re-election and moved to private enterprise after failing to win a riding. Also returning to civilian life were: Robert Borden, who was Chancellor of Queen's and McGill Universities , as well as working in

5508-641: The prefix Sir before their name; of the first eight prime ministers of Canada, only Alexander Mackenzie refused the honour of a knighthood from Queen Victoria. Following the 1919 Nickle Resolution , however, the House of Commons declared that it should be against the policy of the Canadian Sovereign (and the Canadian government advising the Monarch when such honours are not within the Monarch's personal gift) to bestow aristocratic or chivalric titles to Canadians. The Crown in right of Canada (but not

5589-431: The prime minister and the Crown. It has been theorized that such is the case in Canada as its Parliament is less influential on the executive than in other countries with Westminster parliamentary systems ; particularly, Canada has fewer MPs, a higher turnover rate of MPs after each election, and a US-style system for selecting political party leaders, leaving them accountable to the party membership rather than caucus (as

5670-431: The prime minister is afforded an armoured car (a car allowance of $ 2,000 per year) and shared use of two official aircraft —a CC-150 Polaris for international flights and a Challenger 601 for domestic trips. The Royal Canadian Mounted Police also furnish constant personal security for the prime minister and their family. All of the aforementioned is provided through budgets approved by Parliament. As of April 2024,

5751-491: The prime minister typically sits as a member of Parliament (MP) and leads the largest party or a coalition of parties. As first minister , the prime minister selects ministers to form the Cabinet . Not outlined in any constitutional document, the prime minister is appointed by the monarch 's representative, the governor general and the office exists per long-established convention . Constitutionally, executive authority

5832-576: The prime minister's annual salary is $ 406,200 (consisting of an MP's salary of $ 203,100 and the prime minister's additional salary of $ 203,100). Serving or former prime ministers are accorded a state funeral , wherein their casket lies in state in the Centre Block of Parliament Hill. Only Bowell and the Viscount Bennett were given private funerals, Bennett also being the only former prime minister of Canada to die and be buried outside

5913-491: The principles enunciated in the Universal Declaration of Human Rights . The Charter was drafted by the federal government with consultations with the provincial governments in the years leading up to the passage of the Constitution Act, 1982 . One of the most notable effects of the adoption of the Charter was to greatly expand the range of judicial review , because the Charter is more explicit with respect to

5994-460: The province in which they reside" will not be in force in Quebec until the Quebec government or legislature chooses to ratify it. Section 35 of the Constitution Act, 1982 "recognizes and affirms" the "existing" aboriginal and treaty rights in Canada. These aboriginal rights protect the activities, practice, or traditions that are integral to the distinct cultures of the aboriginal peoples. The treaty rights protect and enforce agreements between

6075-407: The provinces exclusive jurisdiction to regulate the development of non-renewable natural resources and electrical generation. These amendments were set out in sections 50 and 51 of the 1982 act. Subsection 52(1) of the Constitution Act, 1982 provides that the Constitution of Canada is the "supreme law of Canada", and that "any law inconsistent with the provisions of the Constitution of Canada is, to

6156-564: The rules set out in the Constitution itself. Subsection 52(3) entrenches constitutional supremacy and prevents Parliament and the provincial legislatures from making most constitutional amendments using simple legislation. The rules for amending Canada's constitution are quite dense. They are mostly laid out in Part V of the Constitution Act, 1982 . There are five different amendment procedures, each applicable to different types of amendments. These five formulas are: Neither aboriginal peoples' or

6237-468: The territories' agreement is required to make a constitutional amendment, even if it affects their interests. Section 35.1 commits the governments of Canada and the provinces "to the principle that, before any amendment is made [to subsection 91(24) of the Constitution Act, 1867 , section 25 of the Charter or sections 35 or 35.1 of the Constitution Act, 1982]" that the Prime Minister will convene

6318-448: Was also added in 1983, clarifies that "treaty rights" include "rights that now exist by way of land claims agreements or may be so acquired". As a result, by entering into land claims agreements, the government of Canada and members of an aboriginal people can establish new treaty rights, which are constitutionally recognized and affirmed. There are other sections of the Constitution Act, 1982 that address aboriginal rights. Section 25 of

6399-488: Was created by the government of John Diefenbaker in 1960. However, the Bill of Rights was only a federal statute and was limited in its effectiveness because it is not directly applicable to provincial laws. This motivated some within government to establish unambiguously-constitutional-level bill of rights for all Canadians. The movement for human rights and freedoms that emerged after World War II also wanted to entrench

6480-462: Was last entertained in 1925 or by entering into a confidence-and-supply agreement , or by winning support of other parties on a vote-by-vote basis. Because the prime minister is in practice the most politically powerful member of the Canadian government , they are sometimes erroneously referred to as Canada's head of state , when, in fact, that role belongs to the Canadian monarch, represented by

6561-458: Was typical under the common law and under the principle of Parliamentary supremacy , which Canada had inherited from the United Kingdom. Section 59 limits the application of section 23 of the Charter in Quebec. Paragraph 23(1)(a) of the Charter, which guarantees the minority language education rights of Canadian citizens "whose first language learned and still understood is that of the English or French minority linguistic minority population of

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