Canadian Goverment

Anotações:

• Powers fall under s.91 of the Constitution Act (1867)

1. Judicial branch

   Anotações:

   • NOT PART OF PARLIAMENT.THIS IS IMPORTANT BECAUSE IT MAKES SURE THAT THE PARLIAMENT IS NOT ABOVE THE LAW. ONCE APPOINTED, JUDGES CAN'T BE FIRE BY GOVT.  COMPOSED OF THE FEDERAL COURTS
   1. Supreme Court of Canada

      Anotações:

      • FINAL COURT OF APPEAL FOR CASES FROM PROV. & FED. COURTS. MOST OF THE TIME, A "LEAVE TO APPEAL" IS NEEDED FOR THE SCC TO HEAR A CASE. IT IS GRANTED/DENIED FROM A PANEL OF 3 FROM SCC. CASES ARE ALSO HEARD BY THE SCC WHEN THE FED. GOVT. RECOMMENDS IT. HERE, THE SCC MUST ANSWER QUESTIONS GIVEN BY THE FED. GOVT. HAS 9 JUSTICES WHO ARE APPOINTED BY PM. 3/9 FROM QUEBEC & THE OTHER 6 ARE CHOSEN BASED ON REGIONAL REPRESENTATION.
   2. Federal Court of Appeal

      Anotações:

      • COURT OF APPEAL FOR ALL ISSUES IN FED. COURTS.
   3. Federal Court of Canada

      Anotações:

      • CAN DEAL WITH LAWSUITS AGAINST THE FED. GOVT.
2. Executive branch

   Anotações:

   • CARRIES OUT THE LAW.  MEMBERS ARE THE PM, THE CABINET, AND THE CIVIL SERVICE/BUREAUCRACY. CABINET RECOMMENDS BILLS TO THE LEGISLATIVE BRANCH.
3. Legislative branch

   Anotações:

   • CAN MAKE/CHANGE/CANCEL LAWS. "LEGISLATIVE SUPREMACY" PREVENTS TOO LARGE A SHIFT OF POWER FROM THE FEDERAL & PROVINCIAL PARLIAMENTS TO THE JUDICIARY.
   1. Senate

      Anotações:

      • UNELECTED BODY APPOINTED BY PM THAT APPROVES/DENIES BILLS. "UPPER HOUSE".
   2. House of commons

      Anotações:

      •  ELECTED BODY THAT MAKES/CANCELS BILLS. "LOWER HOUSE". MEMBERS CALLED MPs.  THEY ARE THE PM & HIS/HER CABINET, MEMBERS FROM THE OPPOSITION PARTIES AND THE OFFICIAL OPPOSITIONS SHADOW'S GOVT. THEY DEBATE GOVERNMENT POLICIES AND ISSUES.

Anotações:

• Powers fall under s.92 of the Constitution Act (1867)

1. Legislative branch

   Anotações:

   • CAN MAKE/CHANGE/CANCEL LAWS. "LEGISLATIVE SUPREMACY" PREVENTS TOO LARGE A SHIFT OF POWER FROM THE FEDERAL & PROVINCIAL PARLIAMENTS TO THE JUDICIARY.
   1. Legislature

      Anotações:

      • NO SENATE. LEGISLATURE IS LIKE THE HOUSE OF COMMONS. MEMBERS ARE CALLED MPPs. THEY DEBATE GOVERNMENT POLICIES AND ISSUES.
2. Executive branch

   Anotações:

   • CARRY OUT THE LAW. COMPOSED OF THE PREMIER, THE PROVINCIAL CABINET & THE PROV. CIVIL SERVICE/BUREAUCRACY. CABINET RECOMMENDS BILLS TO THE LEGISLATURE.
3. Judicial branch

   Anotações:

   • NOT PART OF PARLIAMENT. THIS IS IMPORTANT BECAUSE IT MAKES SURE THAT THE PARLIAMENT IS NOT ABOVE THE LAW. ONCE APPOINTED, JUDGES CAN'T BE FIRED BY GOVT. COMPOSED OF PROVINCIAL COURTS.
   1. Courts of Appeal

      Anotações:

      • CAN HEAR CASES FROM ALL LOWER COURTS. HIGHEST FORM OF APPEAL AT PROV. & TERR. LEVEL. THEY DON'T RETRY CASES. THEY JUST REVIEW THE LEGAL ISSUE THE CASE SURROUNDS. THEY CAN EITHER KEEP A RULING, DISMISS IT, CHANGE IT, OR ORDER A NEW TRIAL (*isn't ordering a new trial called retrying? clarify with shafana)CHIEF JUSTICE OF PROVINCE IS IN THIS COURT.
   2. Courts of first appearance

      Anotações:

      • NO JURY TRIALS.  INQUIRIES AS TO WHETHER THERE'S ENOUGH EVIDENCE FOR A TRIAL. THEY HEAR MINOR OFFENCES (CRIMINAL LAW) LITTLE CIVIL LAW AND INCLUDES THE YOUTH CRIMINAL COURT. JUSTICES APPOINTED BY PROV. & TERR. GOVT.'S
   3. Superior Trial Courts

      Anotações:

      • HEAR ALMOST ALL CIVIL LAW CASES & SERIOUS CRIMINAL CASES. IT IS ALSO A COURT OF APPEAL FOR MINOR OFFENCES.JUSTICES APPOINTED BY FED. GOVT.

1. Parliamentary system = Opposite of Unitary state
2. Parliament = Head of state (Queen), appointed senate, & elected house of commons

   Anotações:

   • BASICALLY, THE PARLIAMENT IS THE FEDERAL LEGISLATIVE BRANCH.