The Constitution, Government & Amending Formula

*The Constitution 1867 outlines the structure of Canada and the balance of power between the various governments

*3 Levels of Government

Federal Provincial Municipal

MilitaryCurrencyImmigration

EducationHealth CareLabour & Unions

PoliceGarbageTransit

Executive Branch

• Queen• Governor

General• Prime

Minister• Cabinet• Civil

Service

Legislative Branch

• Governor General

• Senate• House of

Commons

Judiciary

• Supreme Court

• Court of Appeal

• Superior Court

• Provincial Court

Federal Government

*Executive

*Sets Policy

*Present budgets

*Proposes Legislation

*Implements laws passed by the legislature

*Legislative Branch

*Makes Laws

*The Judiciary

*An independent third party in legal disputes to clarify laws.

*Appointed by governments but free from influence.

*The Charter of Rights is entrenched in the Canadian Constitution

*The Constitution is very difficult to change or amend… As it should be.

*Amending the Constitution

*Approval of the House of Commons

*Approval of the Senate

*Approval of two-thirds of provinces representing 50 percent of population

*The territories are not part of the formula

*If an amendment only affects the Federal Parliament then only the Federal Parliament needs to approve of the change

Eg. If the retirement age of Senators was suggested only the Federal Parliament would need to approve.

*If an amendment has an impact on only one province then the Feds and that province need to agree to the change.

*Eg. In 1998 Newfoundland changed the structure of its education system.