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| Time on The Line | September 2002 |
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Continued from previous page.... The Basic Framework: The Constitution Governments and legislators cannot, however, make just any kind of law they want. There are rules about what kind of laws can be created, which governments can make certain kinds of laws, and about the limits of a government's authority. These rules are contained in our Constitution. A "constitution" can be defined as the basic law of a country, for, as a general rule, it defines the system of law and justice. In Canada, the Constitution defines the system of our governments, how these governments are elected, the rights and liberties guaranteed to each citizen, and the legislative powers of the federal and . provincial governments. One of the main document of Canada's Constitution is the Constitution Act, 1867 (formerly the British North America Act). This Act was passed by the British Parliament in 1867 to create the new nation of Canada make up of a federal government, as well as the governments of the provinces. But the power to change the Constitution remained with Britain, even though Canada had become an independent nation. One hundred and fifteen years later, the British Parliament amended the Act for the last time by passing the Constitution Act, 1982. This gave Canadians the sole power over their own Constitution. In the future, Canada can deal with any changes that are needed- This "patriation" of the Constitution also gave Canadians their first constitutional Canadian Charter of Rights and Freedoms. The Constitution Act, 1867 sets out the basic principles of democratic government in Canada. It also defines the powers of the federal and provincial governments as well as the powers of the executive and legislatures. The executive, usually called the Cabinet, consists at the federal level, of the Prime Minister and a number of Ministers who are all answerable to the House of Commons for various governmental activities. As well, individual Ministers are responsible for various government departments such as the Department of Finance and the Department of Justice. The legislature, at the federal level, is made up of members of the House of Commons and the Senate. Most laws in Canada are first examined and discussed by the Cabinet, then presented for debate and approval by a majority of members of the House of Commons and the Senate. The Constitution Act, 1867 also provides for a judiciary made up of the judges in our courts. Their job is to interpret and apply the law, and to give an impartial judgement in cases where there are disputes or conflicts. Excerpt taken from "CANADA'S SYSTEM OF JUSTICE": Published by the Directorate of Communications and Public Affairs Department of Justice, Ottawa, Ontario, K1A 0H8
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