Canada

Law

The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions.[168] The Constitution Act, 1867 (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments.[169] The Statute of Westminster 1931 granted full autonomy and the Constitution Act, 1982, ended all legislative ties to Britain, as well as adding a constitutional amending formula and the Canadian Charter of Rights and Freedoms.[170] The Charter guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding clause allows the federal parliament and provincial legislatures to override certain sections of the Charter for a period of five years.[171]

The Indian Act, various treaties and case laws were established to mediate relations between Europeans and native peoples.[172] Most notably, a series of eleven treaties known as the Numbered Treaties were signed between the Indigenous peoples and the reigning monarch of Canada between 1871 and 1921.[173] These treaties are agreements with the Canadian Crown-in-Council, administered by Canadian Aboriginal law, and overseen by the minister of Crown–Indigenous Relations. The role of the treaties and the rights they support were reaffirmed by Section Thirty-five of the Constitution Act, 1982.[172] These rights may include provision of services, such as health care, and exemption from taxation.[174] The legal and policy framework within which Canada and First Nations operate was further formalized in 2005, through the First Nations–Federal Crown Political Accord.[172]

Canada's judiciary plays an important role in interpreting laws and has the power to strike down Acts of Parliament that violate the constitution. The Supreme Court of Canada is the highest court and final arbiter and has been led since December 18, 2017 by Chief Justice Richard Wagner.[175] Its nine members are appointed by the Governor-General on the advice of the prime minister and minister of justice. All judges at the superior and appellate levels are appointed after consultation with non-governmental legal bodies. The federal Cabinet also appoints justices to superior courts in the provincial and territorial jurisdictions.[176]

Common law prevails everywhere except in Quebec, where civil law predominates. Criminal law is solely a federal responsibility and is uniform throughout Canada.[177] Law enforcement, including criminal courts, is officially a provincial responsibility, conducted by provincial and municipal police forces.[178] However, in most rural areas and some urban areas, policing responsibilities are contracted to the federal Royal Canadian Mounted Police.[179]

Canada is recognized as a middle power for its role in international affairs with a tendency to pursue multilateral solutions.[180] Canada's foreign policy based on international peacekeeping and security is carried out through coalitions and international organizations, and through the work of numerous federal institutions.[181] Canada's peacekeeping role during the 20th century has played a major role in its global image.[182] The strategy of the Canadian government's foreign aid policy reflects an emphasis to meet the Millennium Development Goals, while also providing assistance in response to foreign humanitarian crises.[183]

Canada was a founding member of the United Nations and has membership in the World Trade Organization, the G20 and the Organisation for Economic Co-operation and Development (OECD).[180] Canada is also a member of various other international and regional organizations and forums for economic and cultural affairs.[184] Canada acceded to the International Covenant on Civil and Political Rights in 1976.[185] Canada joined the Organization of American States (OAS) in 1990 and hosted the OAS General Assembly in 2000 and the 3rd Summit of the Americas in 2001.[186] Canada seeks to expand its ties to Pacific Rim economies through membership in the Asia-Pacific Economic Cooperation forum (APEC).[187]

Canada and the United States share the world's longest undefended border, co-operate on military campaigns and exercises, and are each other's largest trading partner.[188][189] Canada nevertheless has an independent foreign policy, most notably maintaining full relations with Cuba, and declining to officially participate in the 2003 invasion of Iraq.[190] Canada also maintains historic ties to the United Kingdom and France and to other former British and French colonies through Canada's membership in the Commonwealth of Nations and the Francophonie.[191] Canada is noted for having a positive relationship with the Netherlands, owing, in part, to its contribution to the Dutch liberation during World War II.[84]

Canada's strong attachment to the British Empire and Commonwealth led to major participation in British military efforts in the Second Boer War, World War I and World War II.[192] Since then, Canada has been an advocate for multilateralism, making efforts to resolve global issues in collaboration with other nations.[193][194] During the Cold War, Canada was a major contributor to UN forces in the Korean War and founded the North American Aerospace Defense Command (NORAD) in co-operation with the United States to defend against potential aerial attacks from the Soviet Union.[195]

During the Suez Crisis of 1956, future Prime Minister Lester B. Pearson eased tensions by proposing the inception of the United Nations Peacekeeping Force, for which he was awarded the 1957 Nobel Peace Prize.[196] As this was the first UN peacekeeping mission, Pearson is often credited as the inventor of the concept.[197] Canada has since served in over 50 peacekeeping missions, including every UN peacekeeping effort until 1989,[77] and has since maintained forces in international missions in Rwanda, the former Yugoslavia, and elsewhere; Canada has sometimes faced controversy over its involvement in foreign countries, notably in the 1993 Somalia Affair.[198]

In 2001, Canada deployed troops to Afghanistan as part of the U.S. stabilization force and the UN-authorized, NATO-led International Security Assistance Force.[199] In February 2007, Canada, Italy, the United Kingdom, Norway, and Russia announced their joint commitment to a $1.5-billion project to help develop vaccines for developing nations, and called on other countries to join them.[200] In August 2007, Canada's territorial claims in the Arctic were challenged after a Russian underwater expedition to the North Pole; Canada has considered that area to be sovereign territory since 1925.[201]

The nation employs a professional, volunteer military force of approximately 79,000 active personnel and 32,250 reserve personnel.[202] The unified Canadian Forces (CF) comprise the Canadian Army, Royal Canadian Navy, and Royal Canadian Air Force. In 2013, Canada's military expenditure totalled approximately C$19 billion, or around one percent of the country's GDP.[203][204] Following the 2016 Defence Policy Review, the Canadian government announced a 70 percent increase to the country's defence budget over the next decade. The Canadian Forces will acquire 88 fighter planes and 15 naval surface combatants, the latter as part of the National Shipbuilding Procurement Strategy. Canada's total military expenditure is expected to reach C$32.7 billion by 2027.[205]

Provinces and territories