Government

Canada is mainly governed according to principles embodied in the Constitution Act of 1982, which gave the Canadian government total authority over its constitution. Previously, the British North America Act of 1867 and subsequent laws had reserved some constitutional authority with the British Parliament. Canada is a federal union, with a division of powers between the central and provincial governments. Under the original 1867 act, the central government had considerable power over the provinces, but, through amendments to the act and changes brought by practical experience, the provincial governments have increased the scope of their authority. However, considerable tension continues to exist between the federal government and the provincial governments over the proper allocation of power.

The Canadian Charter of Rights and Freedoms, added by the passage of the 1982 Constitution Act to the country's constitution, guarantees to citizens “fundamental freedoms,” such as those of conscience and the press; “democratic rights” to vote and seek election; “mobility,” “legal,” and “equality” rights to move throughout Canada, to enjoy security of person, and to combat discrimination; and the equality of the French and English languages. The charter changed the Canadian political system by enhancing the power of the courts to make or unmake laws through judicial decisions. It also contains the so-called “notwithstanding” clause, which allows Parliament or the provincial legislatures to designate an act operative even though it might clash with a charter provision. Although the constitution and charter apply uniformly throughout Canada, the province of Quebec has never formally signed the agreement.

The head of state of Canada is the sovereign of Great Britain. In theory, the head of the national government is the governor-general, who represents the British monarch; the actual head of government, however, is the prime minister, who is responsible to Parliament.

Central Government

The central government of Canada exercises all powers not specifically assigned to the provinces; it has exclusive jurisdiction over administration of the public debt, currency and coinage, taxation for general purposes, organization of national defense, fiscal matters, banking, fisheries, commerce, navigation and shipping, energy policy, agriculture, postal service, census, statistics, patents, copyright, naturalization, aliens, indigenous peoples affairs, marriage, and divorce. Among the powers assigned to the provincial governments are education, hospitals, provincial property and civil rights, taxation for local purposes, the regulation of local commerce, and the borrowing of money. With respect to certain matters, such as immigration, the federal and provincial governments possess concurrent jurisdiction.

The nominal head of the government is the governor-general, the representative of the British crown, who is appointed by the reigning monarch on the recommendation of the prime minister of Canada. The governor-general adheres to the advice of the majority in the House of Commons (the lower chamber of the legislature) in appointing the prime minister, who is the effective head of government, and follows the prime minister's wishes in appointing the Cabinet. The Cabinet consists of as many as 40 members, most of whom are ministers presiding over departments of the federal government. The cabinet has no formal legal power but submits its decisions to Parliament.

Legislature

The Canadian Parliament consists of two houses, the Senate and the House of Commons. Senators are appointed by the governor-general on the advice of the prime minister to terms that last until the age of 75; there are normally 104 senators. In 1990 the Conservative federal government found that the Liberal-controlled Senate was holding up proposed legislation. Invoking a measure in Canada's constitution that had never been used before, Prime Minister Brian Mulroney added 8 new senators, thereby increasing the total number of senators to 112 and achieving a Conservative majority. The number of senators has since returned to 104.

Members of the House of Commons are elected in 295 federal electoral districts whose boundaries are periodically adjusted to reflect population growth or redistribution. Each district contains, on average, about 100,000 constituents. Federal elections are held at the prime minister's discretion, but must be called within a five-year period; in practice, they are called about every four years. Laws are first debated in the House of Commons, but must also be approved by the Senate and signed by the governor-general before coming into effect. The prime minister is the leader of the majority party in the House of Commons; if no majority exists; the party with the most seats in Parliament leads a “minority government.”

Provincial and Territorial Government

The government of each of Canada's ten provinces is in theory headed by a lieutenant governor, who represents the sovereign of Great Britain and is appointed by the governor-general on the advice of the federal prime minister. Like the governor-general, however, the lieutenant governor has little actual power, and in practice the chief executive of each province is the premier, who is responsible to a unicameral provincial legislature. Yukon Territory and the Northwest Territories are both governed by federally appointed commissioners, assisted in the Northwest Territories by a legislative assembly and in Yukon Territory by an elected council and legislature. A third territory, Nunavut, will be formally created in 1999 and will have a similar governmental makeup to the other two territories.