1. The Constitution and Government CLN4U

2. Parliamentary Democracy Canada is governed as a parliamentary democracy. Canada is governed as a parliamentary democracy. Based on British model (Westminster Parliament) Based on British model (Westminster Parliament) Government elected through a general election (at least every 5 years) Government elected through a general election (at least every 5 years) Party with the most seats forms the government – NOT majority Party with the most seats forms the government – NOT majority Leader becomes Prime Minister Leader becomes Prime Minister Prime Minster chooses Cabinet Prime Minster chooses Cabinet

3. Parliamentary Democracy Head of State is the Queen, represented by GG. Head of State is the Queen, represented by GG. Head of Government is Prime Minister Head of Government is Prime Minister Canada’s system is heavily dependent on custom – many of the details are written nowhere but in records of past events Canada’s system is heavily dependent on custom – many of the details are written nowhere but in records of past events

4. Branches of Government Legislative Legislative Executive Executive Judicial Judicial

5. The Legislative Branch main purpose is to make law main purpose is to make law the only body that can approve or reject laws the only body that can approve or reject laws comprised of all members: comprised of all members: elected to House of Commons elected to House of Commons appointed to the Senate appointed to the Senate Federally: House of Commons + Senate = Parliament Federally: House of Commons + Senate = Parliament

6. The Legislative Branch House of Commons House of Commons Provincially: Legislative Assembly (no senate) Provincially: Legislative Assembly (no senate) Quebec: National Assembly Quebec: National Assembly Newfoundland & Labrador: House of Assembly Newfoundland & Labrador: House of Assembly Representation by population Representation by population Senate Senate Provides a check on laws passed by House Provides a check on laws passed by House Senate must approve a bill put forward by the House in order for it to become law Senate must approve a bill put forward by the House in order for it to become law Seats assigned on regional basis Seats assigned on regional basis

7. The Legislative Branch Issues: Issues: The Senate is an unelected body with veto power over democratically elected representatives The Senate is an unelected body with veto power over democratically elected representatives Senate is appointed by PM – can regional interests be overruled by political partisanship? Senate is appointed by PM – can regional interests be overruled by political partisanship?

8. The Executive Branch responsible for ongoing operations of gov’t responsible for ongoing operations of gov’t recommends bills to legislative branch recommends bills to legislative branch implements the laws that are passed implements the laws that are passed at the federal level, comprised of: at the federal level, comprised of: PM PM Cabinet Cabinet Governor General (figurehead) Governor General (figurehead) at the provincial level, comprised of: at the provincial level, comprised of: Premier Premier Cabinet Cabinet Lieutenant Governor Lieutenant Governor

9. The Executive Branch The Civil Service works hand in hand with the Executive Branch The Civil Service works hand in hand with the Executive Branch Civil service administers gov’t functions Civil service administers gov’t functions Deputy Ministers present policy recommendations to Cabinet Ministers Deputy Ministers present policy recommendations to Cabinet Ministers

10. The Judicial Branch acts as independent third party acts as independent third party clarifies the law clarifies the law Principle of non-interference from other branches Principle of non-interference from other branches Based on Rule of Law Based on Rule of Law Gov’t must follow the law it makes Gov’t must follow the law it makes The law applies equally to all – no-one is exempt The law applies equally to all – no-one is exempt No action can be taken unless authorized by law No action can be taken unless authorized by law Gov’t actions can be challenged if they are perceived to violate the rule of law Gov’t actions can be challenged if they are perceived to violate the rule of law

11. The Judicial Branch The Constitution grants authority to the provinces and territories over the main elements of the legal system: the courts and the police The Constitution grants authority to the provinces and territories over the main elements of the legal system: the courts and the police However, the federal gov’t does make appointments to the courts. However, the federal gov’t does make appointments to the courts.

12. Provincial Courts Courts of First Appearance Courts of First Appearance Ex: Ontario Court of Justice Ex: Ontario Court of Justice Mostly Criminal cases (very few civil) Mostly Criminal cases (very few civil) No jury trials No jury trials Judges appointed by provincial gov’t Judges appointed by provincial gov’t Superior Trial Courts Superior Trial Courts Ex: Superior Court of Justice Ex: Superior Court of Justice Hear virtually all civil cases Hear virtually all civil cases Hear Criminal cases of the most serious nature (ie murder) Hear Criminal cases of the most serious nature (ie murder) Justices appointed by federal gov’t Justices appointed by federal gov’t Courts of Appeal Courts of Appeal Ex: Ontario Court of Appeal Ex: Ontario Court of Appeal Highest provincial/territorial court Highest provincial/territorial court Panels of three justices sit to hear cases Panels of three justices sit to hear cases Justices appointed by federal gov’t Justices appointed by federal gov’t

13. Federal Courts Federal Courts Federal Courts Specialized courts dealing with specific legal issues Specialized courts dealing with specific legal issues Travel as needed to hear cases Travel as needed to hear cases Ex: Tax Court of Canada, Courts Martial Ex: Tax Court of Canada, Courts Martial Supreme Court of Canada Supreme Court of Canada The final Court of Appeal The final Court of Appeal Comprised of 9 justices Comprised of 9 justices Justices appointed by PM Justices appointed by PM Three justices are always from Quebec Three justices are always from Quebec