1. Government in Canada

2. What is the purpose of Government?

3. How has government affected you today?

4. Purpose of Government:
Government sets and enforces the rules so that large groups of people can live together in peace and security
To protect us - rights/ freedom
- property /nation
To provide services :-water -highways - buses
- health care -electricity -education
In a free society all citizens must obey society’s rules but are treated equally
Government exists to make society function smoothly

5. Types of Government What do you know about these? Monarchy-
Dictatorship-
Oligarchy-
Aristocracy-
Democracy-
Government ? What Type?

6. Basics terms to know:
Freedom- rights of the individual are most important
Equality- all individuals are treated the same way
Example :
Intellectual Freedom – freedom and the right to believe and think in what a person wishes
Intellectual Equality– people are meant to think the same

7. Political Ideologies Ways people think politically
Five Major Ideologies:
Liberalism
Reform Liberalism
Conservativism
Socialism
Communism
Fascism

8. 1. Liberalism- classic Response to the Industrial Revolution
-believes in economic and intellectual freedom
-ability/effort = success
- sees people as good less government
-commitment to progress

9. Reform liberalism late 1800’s
-John Maynard Keynes said “All people have access to the basics in life” (food, shelter, etc)
-stronger commitment towards economic equality
- government should step in on a limited basis and control the economy/ debt will rise

10. 2. Conservatism - late 1700’s - influenced by Edmund Burke
- response to liberalism- to conserve traditional society
-the monarch ruling over Parliament
-believe in economic freedom (capitalism)
-believed later on in progressive change (nothing radical)
-believe in intellectual equality (moral issues public)

11. 3. Socialism
- early 1800’s
-Jean Jacques Rousseau’s response to the Industrial Revolution
-believed that government needed to be heavily involved in workplace to create economic equality and intellectual freedom for citizens
-government should control economy, health care and welfare

12. 4. Communism – Karl Marx and Fredrick Engels
-focused on negative effects of capitalism- wealthy few
-believed in economic equality and public ownership
-no private property/ no economic freedom
-violent overthrow of wealthy classes by working proletariat
-in theory-true communism has little government

13. 5. Fascism 1920’s- 1945 -key figures were Hitler and Mussolini
-ruled by a strong” father figure”- mythical links to the past
-believe freedom only if it contributes to the state
-all economic and intellectual resources directed towards the purpose of building a militarily strong, fiercely proud, united country
-tight regulations on economic and intellectual freedom

14. Political Spectrum
Left Centre Right
Canadian Political Parties

15. Canadian Political Parties
Canadian political parties tend to be moderate in nature 
Left Wing Centre Right Wing
New Democrats Liberal Conservative
Green Party? Reform Party Communist Party

16. Provincial Test Question
Which Canadian political party has been historically supportive of labour unions? A. Green Party B. Liberal Party C. Conservative Party D. New Democratic Party

17. Provincial Test Question
strong military private ownership of property allowed priority of the state over individual rights What political ideology is associated with this list? A. fascism B. socialism C. communism D. conservatism

18. Provincial Test Question
• moral standards should override individual rights
• traditional values should be preserved
• large corporations should be given tax breaks
2. Which political ideology is associated with this list?
A. socialism
B. liberalism
C. communism
D. conservatism

19. The Canadian Government
Constitution:
Is the supreme law or theory of government, and contains the laws, organs, responsibilities, and institutions needed to govern
The Constitution lays out:
purpose of our country and how it is to be run
who is responsible for the affairs of our country
it lays out the division of powers and who has authority over what
it states who, how and when officials are to be elected and who has the rights and responsibilities to vote
it lays out the rights and responsibilities of its citizens (Charter of Rights and Freedoms)
Canada’s Constitution has its roots in British tradition (parliamentary system) with influence from the United States (federalism) 

20. Canadian Government

21. Canadian Constitution
The patriation of the Canadian Constitution was achieved in 1982 when the British and Canadian parliaments passed parallel acts – the Canada Act, 1982 ([UK] 1982, c.11) in London, and the Constitution Act 1982 in Ottawa. Thereafter, the United Kingdom was formally absolved of any remaining responsibility for, or jurisdiction over, Canada; and Canada became responsible for her own destiny. In a formal ceremony on Parliament Hill in Ottawa, the Queen signed both acts into law on April 17, 1982.

22. The Charter of Rights and Freedoms
The Canada Act/Constitution Act included the Canadian Charter of Rights and Freedoms. Prior to the Charter, there were various statutes which protected an assortment of civil rights and obligations, but nothing was enshrined in the Constitution until The Charter has thus placed a strong focus upon individual and collective rights of the people of Canada.

23. The Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all levels of government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982 (along with the rest of the Act).

24. Fundamental freedoms Fundamental freedoms
section 2, namely freedom of conscience, freedom of religion, freedom of thought, freedom of belief, freedom of expression, freedom of the press and of other media of communication, freedom of peaceful assembly, and freedom of association.

25. Democratic rights
Democratic rights: generally, the right to participate in political activities and the right to a democratic form of government:
Section 3: the right to vote and to be eligible to serve as member of a legislature.
Section 4: the maximum duration of legislatures is set at five years.
Section 5: an annual sitting of legislatures is required as a minimum.

26. Mobility rights
Mobility rights: (section 6): the right to enter and leave Canada, and to move to and take up residence in any province, or to reside outside Canada.

27. Legal rights
Legal rights: rights of people in dealing with the justice system and law enforcement, namely:
Section 7: right to life, liberty, and security of the person.
Section 8: freedom from unreasonable search and seizure.
Section 9: freedom from arbitrary detainment or imprisonment.
Section 10: right to legal counsel and the guarantee of habeas corpus.
Section 11: rights in criminal and penal matters such as the right to be presumed innocent until proven guilty.
Section 12: right not to be subject to cruel and unusual punishment.
Section 13: rights against self-incrimination
Section 14: rights to an interpreter in a court proceeding.

28. Equality rights
Equality rights: (section 15): equal treatment before and under the law, and equal protection and benefit of the law without discrimination.

29. Language rights:
Generally, the right to use either the English or French language in communications with Canada's federal government and certain provincial governments. Specifically, the language laws enshrined in the Charter include: Section 16: English and French are the official languages of Canada and New Brunswick. Section 16.1: the English and French-speaking communities of New Brunswick have equal rights to educational and cultural institutions. Section 17: the right to use either official language in Parliament or the New Brunswick legislature. Section 18: the statutes and proceedings of Parliament and the New Brunswick legislature are to be printed in both official languages.

30. Minority language education rights
(Section 23): rights for certain citizens belonging to French or English-speaking minority communities to be educated in their own language.

31. Language rights:
Section 19: both official languages may be used in federal and New Brunswick courts.
Section 20: the right to communicate with and be served by the federal and New Brunswick governments in either official language.
Section 21: other constitutional language rights outside the Charter regarding English and French are sustained.
Section 22: existing rights to use languages besides English and French are not affected by the fact that only English and French have language rights in the Charter. (Hence, if there are any rights to use Aboriginal languages anywhere they would continue to exist, though they would have no direct protection under the Charter.)

32. The Amending Formula
The general formula is set out in section 38(1), known as the "7/50 formula", requires: (a) assent from both the House of Commons and the Senate; (b) the approval of two-thirds of the provincial legislatures (at least seven provinces), representing at least 50% of the population (effectively, this would include at least Quebec or Ontario, as they are the most populous provinces).
This formula specifically applies to amendments related to the proportionate representation in Parliament, powers, selection, and composition of the Senate, the Supreme Court and the addition of provinces or territories.

33. Notwithstanding Clause
Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (or "la clause dérogatoire" in French), or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter.

34. Provincial Test Question
Use the following newspaper headline to answer question
The Ottawa Examiner
FEDERAL AND PROVINCIAL
GOVERNMENTS FIGHT OVER
AMENDING FORMULA
Which document is associated with this headline?
A. Bilingualism Act
B. Canada Elections Act
C. Constitution Act, 1982
D. Universal Declaration of Human Rights, 1948

35. Provincial Test Question
Which section from the Canadian Charter of Rights and Freedoms would prevent a government agency from discriminating on the basis of gender? A. equality rights B. mobility rights C. democratic rights D. fundamental freedoms

36. Provincial Test Question
What is the function of the notwithstanding clause in the Canadian Constitution?
A. It authorizes governments to override certain rights and freedoms.
B. It states all Charter rights are guaranteed equally to men and women.
C. It clarifies the responsibility of the territorial governments in the Charter.
D. It allows courts to award remedies to those whose rights have been denied.

37. Provincial Test Question
Which two factors provide the basis for the amending formula of Canada’s Constitution? A. population and number of provinces B. language and regional representation C. ethnic balance and religious diversity D. economic growth and residual powers

38. Canadian Government

39. Canada is a Constitutional Monarchy
Queen Elizabeth II
The Queen is the official Head of State but has a very limited role in our day to day governmental affairs
The constitution clearly lays out her role as a figure head
But what does Rick Mercer think?

40. Canadian Governmental Structure
Federalism: Canada has three levels of government
1)National 2) Provincial 3) Municipal
This type of structure serves our nation well because of our country’s size and varying regional concerns
Both central and regional governments have clearly defined powers

41. Parliamentary Democracy
Canadians have a representative democracy (roughly 100,000/1 seat in House of Commons)
Our elected officials are responsible to the electorate – responsible government
Canada has universal sufferage (everyone over 18 votes)

42. Branches of Government
At both Federal and Provincial Levels
1) Executive
2) Legislative
3) Judicial

43. Executive Levels
a)Federal- Gov. Gen., PM, Cabinet b)Provincial- Lt. Gov., Premier, Cabinet c)Municipal- Mayor, Counsellors

44. Executive Branch(Federal)
Queen
-Head of State –Queen Elizabeth II
-no bill becomes law without Royal Assent
Governor General
– The Right Honourable David Lloyd Johnston
-Queen’s representative (gives royal Assent)
-appointed by Prime Minister (for 6 years max.)
-opens Parliament- reads Speech from the Throne
-greet foreign dignitaries – present awards

45. Prime Minister
Currently Stephen Harper -leader of the party with the most elected representatives in the House of Commons (we don’t directly pick our leader) The Prime Minister lives at 24 Sussex Drive

46. Canadian Government

47. Who’s Who in Parliament?

48. Prime Minister -As head of the Government:
-asks Governor General to call elections, name judges/senators
-chooses and changes Cabinet members
-Privy Council Office- does research on any proposals to be made by Cabinet-advice should be impartial but jobs are appointed by PM
- Prime Ministers Office – gives advice to PM on political decisions – Principal Secretary runs PMO (+1000 workers) usually a close friend of PM

49. Prime Minister -As a national leader: -represents Canada international
-works with provincial premiers in order to coordinate and share responsibilities
-addresses Canadians on issues of national concern and explains goals of ruling party

50. Cabinet Ministers –chosen by Prime Minister
-they are members of the ruling party who are given responsibility of a department or ministry
-receive advice from ministry to draw up new laws to send to parliament
- accepts responsibility for budget and actions of ministry

51. Executive Branch (Provincial)
1. Lt. Governor- Judith Guichon 
2. Premier- Christy Clark (Liberal)
3. Cabinet Ministers
The Executive powers of the Provincial Executive parallel the Federal Executive level

52. Legislative Branch (Federal)
The Senate
The House of Commons

53. The Senate Upper Legislative Chamber
-Representation in the Senate is based on five regions.
-Total of 105 seats(112 max.) Ont. 24/Que. 24/West 24/Maritimes 24/ Nfld and Terr. 9
-Function is to approve legislation ‘Sober Second thought.’
-Quorum- 15 senators are needed to be present for business 
-Qualifications for Senator
-30 years of age
-Canadian citizen
-Property and assets of $4 000
-Appointed by the Governor General on the advice of the PM until the age of 75

54. 2. House of Commons Lower Legislative Chamber
-Representation is by population. New for this next election -total of 338 seats was 308
Adjusted every 5-10 years (census)
-Function is to create and approve legislation
-Quorom- 20 MP’s are needed present for business
-Qualifications(MP’s) -18 years of age
Canadian citizen and resident of riding
$200 bond.( refundable on 50% of vote)
25-50 backing signatures

55. House of Commons
-Elected in their riding for a term of up to five years.
-duties include : debate issues, introduce bills, debate government policies, pass bills into law or defeat bills, repeal or amend old laws
-In the House there are members of the Government
(composed of Cabinet and backbenchers) and members of the Opposition whose duty it is to criticize all government bills
- the party that came second in the election becomes the “Official Opposition” and they have a “shadow cabinet” that leads debate when the government introduces new bills
- our current MP is John Duncan (Conservative)

56. Provincial Test Question
What is a factor in determining the size of a riding? A. number of people B. age of constituents C. ethnic composition D. economic diversity

57. Provincial Test Question
What name is given to an electoral region in Canada? A. poll B. county C. territory D. constituency

58. Provincial Test Question
What name is given to an electoral region in Canada?
A. poll
B. County Or a ___________?
C. Territory ___________?
D. constituency

59. Provincial Parliament Legislative branch
-Representation is by population at a suggested ratio of =1. Total 85 seats. Adjusted every 5-10 years(census)
-Function is to create and approve legislation
­-Qualifications(MLA’s)- see House of Commons

60. Legislative Process (How a Bill becomes a Law)
The Role of the Cabinet
-proposal is presented to cabinet- it is accepted or rejected -if accepted it is drafted by Department of Justice lawyers

61. Legislative Process (How a Bill becomes a Law)
The Role of the House Of Commons
- A Notice of Motion is given by the mover (cabinet minister who is responsible for bill). Entered on to the Speaker’s agenda or Order Paper
-First Reading- printed copies of the bill are distributed.
-Second Reading- the Bill is debated in principle and voted on. If passed the bill moves to Committee Stage where it is examined clause by clause and amended
-Third Reading- the amended bill is adopted or rejected after it is debated

62. Question Period

63. Legislative Process (How a Bill becomes a Law)
The Role the Senate
The bill goes through three readings and is passed or rejected
The Role of the Crown
Governor General signs the bill in the name of the Queen- this is known as ‘Royal Assent.’
It then moves back to the Executive Cabinet to be put into action by the appropriate ministry.

64. Provincial Test Question
When does Royal Assent occur? A. when a bill is signed into law B. when the British monarch patriates the Constitution C. when the Official Opposition seeks the right to govern D. when the Prime Minister requests that Parliament be dissolved

65. Elections in Canada YouTube - RMR: Canada Explained Election Machinery
-Elections in Canada were held at least every five years but recent changes have taken place: 
On November 6, 2006, the Parliament of Canada passed Bill C-16, An Act to Amend the Canada Elections Act. It requires that each general election is to take place on the third Monday in October, in the fourth calendar year after the previous poll, starting with October 19, 2009.

66. Provincial Test Question
How do private members’ bills differ from other bills? A. They originate only within opposition parties. B. They have a greater chance of passing into law. C. They allow backbenchers to introduce legislation. D. They permit non-elected Canadians to propose bills.

67. Elections in Canada
-The P.M. asks the Governor General to dissolve parliament -elections run on average 50 days – usually vote on a Monday between 9am-8pm
-The Chief Electoral Officer is in charge of conducting the election in accordance with the “Election Act of Canada”
-Enumerators compile a list of all eligible voters in each riding

68. Elections in Canada
-A Returning Officer is appointed for each riding – he makes sure that nomination of the candidates and their paperwork is filed properly –he also appoints Deputy Returning Officers who are responsible for each polling station-supervising the balloting, the vote counts and when the polls close they are responsible for tabulating the results (handling any recounts if necessary) and reporting the results to the Returning Officer

69. Elections in Canada
-Each candidate may have a scrutineer at the polling station to make sure the vote is carried out fairly
-Most Canadian elections get around 70 % turn-out (lower recently)
-Liquor outlets are closed while polls are open
-Media cannot report results until after polls close

70. The Politics of Elections
-A Leadership Convention is held before each election to confirm the support of the leader (National or Provincial)
-membership drives, fundraising, drafting policy, conducting polls to determine when to call the election are all in the planning stage because there are only 50 days to win votes
-campaign strategy must involve a platform that appeals to a wide range of voters – it must be easy to deliver on TV

71. Provincial Test Question
1. tabulating
2. voting
3. Campaigning
7. What is the correct chronological order of this list?
A. 2, 1, 3
B. 2, 3, 1
C. 3, 1, 2
D. 3, 2, 1

72. Provincial Test Question
What is the correct order of the stages in the electoral process? A. 1, 2, 3 B. 1, 3, 2 C. 3, 1, 2 D. 3, 2, 1

73. Provincial Test Question
Which of the following is a characteristic of a minority government?
A. It relies upon the Cabinet to call an election.
B. It requires the support of the Speaker to pass legislation.
C. It needs the approval of the Governor General to appoint Senators.
D. It must seek Senate approval to introduce legislation in the House of Commons.

74. Provincial Test Question
High school graduates leave British Columbia to study and work in other provinces.
What section of the Canadian Charter of Rights and Freedoms is associated with this statement?
A. legal rights
B. mobility rights
C. education rights
D. democratic rights

75. Provincial Test Question
Which of the following actions could lead to a dissolution of the House of Commons? A. A Senator disagrees with party policy. B. The Official Opposition opposes a major bill. C. A vote of non-confidence passes in the Lower House. D. The governing party has been in power for three years.

76. The Politics of Elections
-all appearances of candidates must consider the media and involve photo opportunities, handshaking and short clips of candidate delivering his message to win votes
- the candidate must work hard to present themselves as a leader, people feel free to talk to and to represent them
YouTube - Rick Mercer Report Election Kids
Rick Mercer- Student Vote

77. Provincial Test Question
Election Results – 2000
Bloc Québécois 38
Progressive Conservative Party 12
Canadian Alliance Party 66
Liberal Party 172
New Democratic Party 13
Total Number of Seats in Parliament 301
What type of government was formed as a result of this federal election?
A. union
B. minority
C. majority
D. coalition

78. THE JUDICIAL SYSTEM
The Constitution of Canada is the supreme law of Canada. It defines and limits the legal powers of the lawmakers. The Charter of Rights and Freedoms takes precedence over any laws passed by any government in Canada – it protects the fundamental freedoms of Canadians. Laws spell out our rights, privileges, and powers we enjoy as citizens and balance them with the duties expected of us. Laws protect our lives and property from criminal conduct and, in turn, we must agree to behave responsibly towards others citizens and our society.

79. Main Categories of Law
A. Private Law – civil law deals with areas of law related to disputes between individuals – emphasis is to have victims (plaintiff) compensated in some way by the alleged wrongdoer (defendant)– usually under provincial jurisdiction
1. Contract Law – deal with legal binding agreements
2. Tort Law - concerns wrongs committed by one person against another – sue for damages
3. Family Law – deals with relationships among family

80. Main Categories of Law
B. Public Law- deal with issues related to matters between citizens and government or between levels of government.
1. Constitutional Law – concerns the division of power between levels of government (e.g. jurisdiction)
2. Administrative Law – concerns issues between individuals and government agencies
3. Criminal Law – cases committed against Canadian society in general are carried out in the name of the Crown. The Crown lawyers (prosecution) must prove the defendant guilty (the accused does not need to prove innocence).

81. Criminal Code of Canada
Criminal law is under the Criminal Code of Canada
There are three basic elements of criminal law
1. Presumption of innocence- has to be proved guilty
2. The Criminal Act- a criminal act under Canadian law
3. Mens Rea- intended to commit a crime - “guilty mind”

82. Criminal Code of Canada
Crimes are either:
a) Summary conviction offenses- generally less serious crimes with maximum penalty of 6 months
b) Indictable offences – more serious
crimes
– penalty over 5 years.

83. Main Categories of Law
A. Private Law – civil law deals with areas of law related to disputes between individuals – emphasis is to have victims (plaintiff) compensated in some way by the alleged wrongdoer (defendant)– usually under provincial jurisdiction
1. Contract Law – deal with legal binding agreements
2. Tort Law - concerns wrongs committed by one person against another – sue for damages
3. Family Law – deals with relationships among family

84. Main Categories of Law Continued
B. Public Law- deal with issues related to matters between citizens and government or between levels of government.
1. Constitutional Law – concerns the division of power between levels of government (e.g. jurisdiction)
2. Administrative Law – concerns issues between individuals and government agencies
3. Criminal Law – cases committed against Canadian society in general are carried out in the name of the Crown. The Crown lawyers (prosecution) must prove the defendant guilty (the accused does not need to prove innocence).

85. Law Enforcement Police help ensure Canadian society is safe and
orderly
RCMP or local police enforce criminal laws
laws try to strike a balance between allowing police the power to do their jobs and protect the rights of individual Canadians (Charter of Rights and Freedom pg. 299 in text)
Police must have “reasonable and probable grounds” before arresting someone. Police may only use “reasonable and necessary” force while making an arrest. Police must read the accused his rights. Police may question anyone who may have information related to a criminal investigation.
Accused has the right to know why they are being held, that they have a right to contact a lawyer for legal advice (without cost), and a right to a speedy court trial.

86. The Court System The provinces are responsible for the
administration of justice.
Court systems vary from province to province.
Judges interpret and apply the law- they are appointed by the government of the day and are meant to be unbiased and free of government influence- the Supreme Court is highest court in Canada. Lower court trials are heard by a judge or justice of the peace. More serious crimes are heard by a judge and jury -of 12 peers. Our system allows a court decision to be appealed to a higher court.

87. CRIMINAL PROCEDURES IN CANADA
Arrest-accused must now appear before a judge within 24 hours
Bail Hearing – decision to release on bail/set appearance date
Appearance before a Provincial Court Judge – plea is entered, not guilty or guilty
Preliminary Hearing – determine if evidence warrants trial

88. CRIMINAL PROCEDURES IN CANADA CONTINUED…
Trial
(a) charges read
b) accused enters plea and the jury is selected
c) Crown attorney presents evidence against accused
d) defence attorney presents evidence in favour of accused
e) both Crown and defence present final arguments
f) verdict is handed down and sentencing done
Sentencing is meant to:
a) act as a deterrent
b) be a punishment
c) to protect the public
d) begin rehabilitation

89. The Penal System
When a person is convicted of a crime the judge has the following options: absolute discharge, fines to the court, compensation to the victim-community service, probation, incarceration (imprisonment).
Prisoners will serve time in a provincial prison for shorter sentences
Longer sentences are served in a federal prison -minimum, medium or maximum security- according to the level of threat of the inmate.

90. The Penal System Continued
The purpose of corrections system is to protect Canadian society by controlling dangerous individuals. The system in based on the principle of rehabilitation and provides inmates with educational and vocational training programs.
The “restorative justice” concept was introduced by the courts as a response to Canada’s high rate of incarceration, the costs of incarceration ($60,000/year) and the lack of success of rehabilitation. This alternative system focuses on correcting or repairing the damage done to the victim by the offender. This concept is used at the community level for less serious crimes.

91. Youth Crime
The debate over the handling of young offenders in Canada has been a long one involving the following issues;
at what age is a youth an adult
at what age should a youth be charged
how harsh/lenient a sentence for youth offenders
is the emphasis on rehabilitation or punishment for youth
In 2000 the Youth Criminal Justice Act was passed as a response to the Young Offenders Act of 1984 appeared to be too lenient for many Canadians. The new Act still maintains the following:
Youth between 12 and 17 have all legal rights under the Charter

92. Youth Crime Continued
Youth have special rights because of age and are dealt with in a separate court by a judge alone who decides on the disposition (or sentence)
-youth may not be named in media (or others in proceedings)
-police and court records are confidential and destroyed at adulthood-exception to this rule involve more serious crimes like assault, sexual assault and murder
-Maximum jail sentence is five years except for youth over 14 charged with serious crimes -they may be transferred to adult court which could result in adult sentences

93. Youth Court Dispositions
1) absolute discharge
2) conditional discharge (depending on circumstances
3) fine up to $1000
4) payment of costs and up to 240 hrs of community service
5) probation up to two years
6) open or secure custody for up to five years

94. End of Government Unit !
Now you should know all the terms used in government.
Do you have a future in Political Science?
See if you can understand the terminology used by today’s politicians.