1. The Structure of Canada’s Government
Government and Law
Crossroads Chapter 9
Workbook Chapter 1
The Structure of Canada’s Government

3. Introduction Government: a formal system of decision making
acts according to formal rules and procedures (which become traditions)
bodies or groups that carry out the government’s work are called institutions (e.g. military, police forces, post offices, schools, etc)

4. Foundations of our Government
has its roots in the traditions of nation states in Europe
European colonists brought forms of government with them to North America
Canada’s: from British parliamentary system

5. Representative Democracy
Canada is democratic (“rule by the people”)
elected representatives make decision on the citizens behalf
if every person voted/participated individually (each debated item decided by all voters), it would be a direct democracy
representative democracy: e.g. Canada, elected representatives make decisions
Pictures: America is another example of a representative democracy

6. Constitutional Monarchy
recognition of monarch (king/queen) as head of state (adopted from Great Britain)
in Canada, monarch (Queen Elizabeth II) is represented by governor general
queen does not rule in Canada nor is she involved in everyday affairs
however, royal ascent is required before a proposed bill is passed into law (but ascent is rarely, if ever, withheld)
monarch is a safeguard of democracy as the monarch holds the power of the Crown, which has ultimate power (which is vested in the queen and the GG)
the ultimate authority assures that no one, not even the leader of the nation, can ignore the law
the powers of the queen and GG are outlined in the Canadian constitution, which is the supreme law of the land
it outlines and defines the limits of the government’s power and hence, Canada is a constitutional monarchy (even the monarch must follow the laws)

7. The Written Constitution
originally called the British North America Act (AKA BNA Act)
powers of the representatives of the citizens, the federal and provincial governments, and the monarch are set out in the BNA Act
amended in 1982 by PM Pierre Trudeau
BNA Act name changed to Constitution Act (1867)
amendments became Constitution
Act (1982)
together, became Canada Act
Picture: Fig. 9-3: Queen Elizabeth II signs Canada’s constitutional proclamation in Ottawa on April 17, 1982, as PM Pierre Trudeau looks on.

8. The Written Constitution
3 main parts:
a description of the powers of the provincial legislatures and Parliament, as well as their parts and authority
a Charter of Rights and Freedoms, which outlines basic rights and responsibilities that all Canadians possess
an amending formula, which sets out ways in which the constitution may be changed or altered (“7 – 50 Formula” - 7 provs. and 50% of Canadian population)

9. The Unwritten Constitution
other rules and functions of Parliament and provincial legislatures that are unwritten
based on thousands of years of parliamentary tradition inherited from Britain
customs, laws, statutes from British tradition make up the unwritten part of the Constitution
e.g. there is no mention of political parties in the current constitution
WRITTEN CONSTITUTION + UNWRITTEN CONSTITUTION = BASIS OF SHARING POWER BETWEEN RULERS (GOVERNMENT) AND PEOPLE (CITIZENS)

10. The Federal System
organization of regional (provincial) governments, each acting on behalf of its own residents, with a central government in Ottawa responsible for matters vital to the nation as a whole
sometimes referred to as federalism
examples of federal responsibilities: defence, currency, postal system, and residual concerns (leftovers – things not assigned in 1867, e.g telecommunications)
examples of provincial (“best handled locally”): education
examples of shared powers: agriculture, immigration, environment

11. The Federal System
division of powers is a contentious issue with most provinces wanting more control of federal powers
a third level of government also exists: local or municipal
example of municipal powers: garbage collection, sewage treatment, fire protection, water supply, establishment of schools

12. The Parliamentary System
powers of government are divided into 3 branches:
executive power: power to make decisions and administer them
legislative power: power to make laws
judicial power: power to interpret and administer the law
in democracies, this power is separate from the other 2 branches
in Canada, this power rests in the hands of the courts and judges
Do p. 226 #3

13. The Federal Government

14. The Legislative Branch
composed of Parliament (GG, House of Commons, and Senate), which must meet at least once a year in what is called a session
Parliament passes, amends, and repeals laws
during question period, opposition members may challenge the government’s actions, and raise issues they feel the government needs to address

15. The House of Commons (AKA The Lower House)

16. The House of Commons
composed of elected members (Members of Parliament or MPs)
elections must occur every 5 years (unless the PM calls an election at an earlier date)
Canada is divided in areas called ridings, constituencies, or electoral districts
each riding has about 100,000 citizens
eligible voters in each riding elect 1 candidate to represent them in Parliament
the total number of seats in HoC depends on Canada’s population
increase in population = increase in seats
e.g. 2011: 308 seats. 2000: 301 seats. 1986: 282 seats.

17. The House of Commons
debates in the HoC are controlled by the Speaker of the House (elected by MPs), who must oversee the impartial operation of the House including his/her own party and the PM
members sit with their own party
members of the governing party (party with the most elected members) sit on the right side of the speaker
members of the opposition (MPs who are not in the governing party) sit across
official opposition: second largest party in the House (leader of this party is the leader of the opposition)
job: to scrutinize the actions of the government
helps ensure that views of all Canadians are represented

18. How Do MPs Vote?
political parties with MPs have private meetings called a caucus
decide their position on issues being discussed in the House
all members are able to express their opinions freely
traditionally, all MPs of the party are expected to vote the same way once a decision is made in caucus
raises issues on whether MPs should vote as expected with their party or according to the desires of their constituents (citizens of the riding that elected the MP)
free votes: rare votes (usually on moral issues) that allow members to vote according to what they believe is best, rather than following party lines

19. The Senate (AKA Upper House)

20. The Senate (AKA Upper House)
independent of the HoC
members are appointed on recommendation from PM’s Office (patronage appointments)
senators serve until age 75
provides a “final check” on legislation passed by HoC (“sober second thought”)
bills cannot become law unless both Houses pass the bill (bicameral)

21. The Senate (AKA Upper House)
some feel Senate should be abolished or changed because:
it is an appointed body
its vacant positions are filled by patronage appointments
it rarely prevents the passage of laws from the House of Commons
it is outdated, unnecessary, and undemocratic
it no longer offers regional representation (which was one of its earlier purposes)

22. The Executive Branch Governor General Prime Minister Cabinet
Public Service

23. The Governor General
monarch’s representative and gives royal ascent to bills passed by Parliament
performs ceremonial functions
acts as advisor to the government
holds executive power and authority (although the PM and cabinet run the daily affairs of the government)
Michaelle Jean – previous GG of Canada; David Johnston – current GG of Canada

24. The Prime Minister
leader of the political party that wins the most seats in an election
majority government: wins more than 50% of the total amount of seats in the HoC
minority government: wins less than 50%
is the head of the government, leader of the nation, leader of the national party
recommends judges and senators
decides when an election will be called
choose/changes cabinet members
has final say on creating policies of the government in power
addresses Canadians on matters of national concern

25. The Prime Minister
explains goals of ruling party, is the spokesperson for their party
represents Canada on trips to other nations
speaks for Canada at international meetings (e.g. G8, APEC, etc)
works with provincial premiers
gives patronage appointments in the Senate, diplomatic corps, and government-operated business
leads other party members in Parliament

26. The Cabinet

27. The Cabinet made up of elected party members chosen by the PM
responsible for a particular government department
e.g. national defence, education, tourism, etc
there are “junior ministers” who are Secretary of State
a PM selects cabinet ministers in consideration of:
age
gender
competence (skills, education, experience)
ethnic origin
regionalism (where they’re from)

28. The Cabinet
cabinet ministers speak on behalf of their department in government and public
they rely heavily on public service (government employees) advice and direction as well as the drawing up of legislation
cabinet meetings are held (like caucus meetings) in private or in camera, where members may freely express their opinions

29. The Cabinet
publicly, cabinet ministers must display full support for their leader and the decisions of government (cabinet solidarity)
important demonstration to the public that the government is united and confident in its plans
cabinet ministers who are unable to accept decisions of the government are expected to resign or may be replaced in a cabinet shuffle
political parties often elect a political whip whose job it is to ensure that members are present in the Parliament to support party bills and vote in the legislature
as the PM and cabinet introduce bills that eventually become laws, they hold legislative as well as executive powers

30. The Public Service AKA the Civil Service or the Bureaucracy
group of permanent employees who perform the on-going business of government
they are often the “face” of government the public sees
they gather statistics, write details for new laws, represent Canada in other countries
some carry out the laws, collect taxes, monitor flow of goods, inspect food
senior civil servants (deputy ministers) advise ministers and help draft new laws
they can wield a tremendous amount of influence in decision-making

31. How a Bill Becomes a Law
any member of the HoC or Senate may introduce a bill
if the member is not in cabinet, the bill is referred to as a private members bill
very few of these bills pass and become laws
the cabinet usually controls bills that are passed
steps:
1. cabinet decides which matters require new legislation
may be from public input
specialists investigate policies and alternatives
input is given by the minister to determine the need for a new or changed law and the cabinet decides on action to be taken
2. government lawyers draft a bill that puts into legal language what the govt wants

32. How a Bill Becomes a Law
3. party caucus meets and bill is discussed in private; bill is readied to be brought before the legislature for introduction
4. First Reading: a formality; bill is introduced without debate
opposition is allowed to see what is proposed so they may prepare for debate
media notifies public about controversial legislation
5. Second Reading: the principle (the idea behind the bill) is debated
all members are entitled to speak for or against a bill
if bill is passed, it goes to committee

33. How a Bill Becomes a Law
6. Committee stage: a multi-party committee is assigned to study the bill clause by clause to work out the details
public is often allowed to have input at this stage through “hearings,” which may be held in various locations
the committee recommends changes or improvements (amendments)
7. Third Reading: House accepts or rejects the amended bill
if accepted, the bill goes to Senate for the same three readings
the Senate rarely rejects a bill
if rejected by the Senate, it can go back to HoC for changes
8. Royal Assent: if a bill passed all three readings in the HoC and Senate, it is sent to the Governor General for signing (royal assent) and the bill becomes law
bill may become law immediately, at some point in the future, or retroactively

34. Provincial/Territorial Governments
provinces and territorial governments also have three branches of government:
executive, legislative, judicial
examples of provincial responsibilities
education
environment
health care and social welfare
transportation
negotiation with the federal government

36. Provincial/Territorial Governments

38. Provincial/Territorial Governments
bills that pass three readings in the provincial legislature are ready to be proclaimed law by the Lieutenant Governor
provincial governments make an effort to balance the expectations of their citizens with the need to spend money responsibly
governments must consider the current demand for resources by industry and citizens, as well as the need to conserve resources for future generations
balance must not have a negative impact on economic growth, employment, and development of vital industries

39. Provincial/Territorial Governments
with the cooperation of the federal government, the provincial government must maintain national standards for health care (often the largest item in provincial budgets) – see p. 241
through equalization payments, the provinces share the costs of trying to ensure that Canadians enjoy similar levels of service across Canada
many western provinces have felt discontent with the apparent excess of attention that eastern provinces receive
the rise of the Reform Party in the 1990s was a reaction to this feeling
often areas of control are in dispute between the federal and provincial levels of government and it is the Supreme Court of Canada that must resolve those issues

40. Local Governments
the town council is the simplest form of local or municipal government
leads of councils may be mayors, reeves, chairpersons, overseers, or wardens
city councils are elected by the residents of the area and the number of elected representatives depends on the size of the area
cities provide fire protection, police protection, road maintenance, etc
with more people moving to cities from rural areas, municipalities are expected to provide more and more services
revenues come from property taxes, licensing fees, and grants from provinces
cities in the economic crunch must decide whether to provide fewer services (user fees) or generate more money (taxes and fees) to pay for the services

41. Aboriginal Self-Government
many aboriginal communities have local governments that provide for the needs of their people using band councils or elders
the leader is a chief and he/she may have more dealings with the federal or provincial governments than a mayor might have
issues include licensing, access to highways that cross band lands, and education
many aboriginal communities are in the process of negotiating increased powers and control over the governing of their own affairs