The Constitutional Principles 

The Canadian legislative process is guided by many principles that emanate from norms created over the years in the form of constitutional documents, laws, conventions and practices. The Constitution of Canada establishes the bodies that exercise powers (legislative, executive and judicial) and sets out guidelines for their exercise. These principles frame the process of drafting laws and regulations in this country. In this video, Professor John Mark Keyes reviews the main sources of Canadian constitutional law. 

The Canadian Parliamentary System 

Canada’s parliamentary system is derived from the British tradition, also known as the Westminster tradition. The illustration below shows the structure of the federal parliamentary system as set out in the Constitution Act, 1867. The Parliament of Canada (federal) and the provincial legislatures hold legislative power. 

At the federal level, the Parliament of Canada consists of the Crown (represented in Canada by the Governor General), the Senate and the House of Commons. Laws are enacted once they have been accepted by all three parties. The executive branch consists of the Crown and the members of the Cabinet, which includes the Prime Minister and his or her ministers. 

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In the provinces, legislatures consist of the Crown (represented by a Lieutenant Governor) and the Legislative Assembly. Laws are enacted once they have been accepted by both parties. 

The following subsections present three constitutional principles that are important for understanding how Canada’s legislative and regulatory system works: democracy, the rule of law and constitutionalism.