Constitutional Principles and Values

Constitutional Monarchy
A central component of Canada’s constitutional framework is the provision for a constitutional
monarchy which is a system of government in which a country is ruled by a king and queen
whose power is limited by a constitution.

The Constitution Act, 1867 states that executive government and authority in Canada is vested in
the Canadian Monarchy (which Canada shares with Great Britain and other former British
colonies).

While the written constitution explicitly places executive authority in the hands of the Monarch
and his/ her representatives, unwritten constitutional convention holds that this authority is
actually exercised by the Prime Minister and his/her Cabinet.

As a constitutional monarch the Queen, who is sovereign in Canada, reigns but does not rule.
Executive power is effectively wielded by the prime minister and the Cabinet. The Queen,
because of Canada's federal system, is represented at both levels of government, federally by
the governor general and in each province by a federally appointed lieutenant-governor. In the
January 1982 judgment of the British Court of Appeal on the Indians of Alberta, Lord Denning
stated that although in principle the Crown is indivisible, it has become separate and divisible
through practice and usage.

Parliamentary Government
The Canadian Constitution provides for a Parliamentary system of government. The Constitution
Act, 1867 established a federal Parliament, consisting of the Monarchy and two legislative
chambers, the House of Commons (or Lower House) and the Senate (or Upper House). The Act
further states that the powers and authority of these legislative chambers are to modelled upon
those found in the British Parliament and also established legislative chambers at the provincial
level. In addition to the written provisions of the Act, there also exist several unwritten
constitution conventions that are fundamental to the operation of Canada’s parliamentary system.
These include executive dominance by the Prime Minister and Cabinet (at the federal level)
and by the Premier and Cabinet (at the provincial level), as well as the practice of responsible
government.

Federalism
The Constitution also provides for a federal system in Canada, meaning there are two key levels
of government: the federal (or national) government and the provincial (or regional)
governments. The Constitution Act, 1867 outlines specific powers and jurisdictions for each of
these levels of government, such as what public policy fields each may legislate in, as well as
how each level of government may raise revenue. Over the years, these constitutional provisions
have been further clarified and evolved by judicial decisions (first by the British Judicial
Committee of the Privy Council, and later by the Supreme Court of Canada).

There have also been several constitutional amendments that have had significant consequences
for Canada’s federal system. The Constitution Act, 1930, for example, transferred ownership of
natural resources in Western Canada from the federal government to the Western provinces.
Another significant amendment was the Constitution Act, 1982, which committed the federal
government and provinces to ensuring some level of economic and social equality between
Canadian regions. This, in turn, has led to the development of the Equalization Program and the
sharing of public funds between governments.

Individual Rights and Freedoms

The Constitution provides for a broad set of individual rights and freedoms, most of which are
stated in the Canadian Charter of Rights and Freedoms. Key Charter rights
include fundamental freedoms (the freedoms of religion, expression, and
association), democratic rights (such as the right to vote and run for political office), mobility
rights, legal rights (such as the right to be secure against unreasonable search and seizure and
the right not to be arbitrarily detained and imprisoned), and equality rights (the right to be
treated equal before the law and the right be free from discrimination).

Language and Aboriginal Rights

Not only does the Constitution provide for individual rights and freedoms, but also two
important sets of group rights.

The first set of group rights centres on the English and French languages. The Canadian
Charter of Rights and Freedoms recognizes both of these as Canada’s official languages. The
Charter also recognizes these languages as having equality of status in all federal government
institutions, as well as in all New Brunswick provincial government institutions (New Brunswick
has significant English and French populations). The Charter also extends several minority
language education rights. This means, for example, that French or English citizens who are part
of the linguistic minority in a province have the right to have their children educated in that
minority language.

A second set of constitutional group rights centres on Aboriginal ethnic groups.

The Constitution Act, 1982, for example, recognizes and affirms existing Aboriginal and treaty
rights (which may include a broad range of particular rights, such as the right to use certain
pieces of land and the right to continue traditional social and economic practices). The Act also
states that Aboriginal groups must be consulted before any amendment is made to Class 24 of
Section 91 of the Constitution Act, 1867 (which places Aboriginal people and reserve lands
under the jurisdiction of the federal government)