POLI final part 3

Institutions of executive power in canada

The Crown, Prime Minister and Cabinet (political executive), and civil service.

Role of the crown

Embodiment of the state, represented by the Governor General; most executive power is used by the political executive

What is the political executive

Group of ministers, including the prime minister, who form the government

Who advises ministers

Deputy Ministers (DMs), senior civil servants.

What is collective responsibility

Cabinet is responsible together for government decisions.

What is cabinet solidarity

Ministers must publicly support cabinet decisions.

What is ministerial responsibility

Ministers are responsible for their departments’ actions

How cabinet works in practice

Cabinet is more like a focus group for the PM; decisions are often made in committees and by the PM.

Why the prime minister is powerful

Controls appointments, civil service, party, government, and gets advice from PMO and PCO.

What is the PMO

Prime Minister’s Office — political and partisan advice.

What is the PCO

Privy Council Office — nonpartisan advice and cabinet support.

Main roles of the courts

Settle legal disputes, interpret the constitution, and uphold the rule of law.

What is judicial impartiality

Judges are free from bias.

What is judicial independence

Judges aren’t influenced by politicians or public opinion.

Types of courts in canada

Inferior, superior (s. 96), federal (s. 101), and Supreme Court.

How supreme court justices are appointed

By the Governor General on PM’s advice; must be bilingual and have 10+ years of legal experience.

What is judicial review

Courts can declare laws unconstitutional.

Judicial activism vs restraint

Activism = courts make bold rulings; Restraint = courts defer to lawmakers.

When charter was created

1982

What section 1 does

Allows rights to be limited if justified (Oakes Test).

What is the oakes test

A test to decide if a rights limit is reasonable and justified.

What is section 33

Notwithstanding Clause — lets governments override some Charter rights for 5 years

Freedoms in section 2

Religion, expression, assembly, and association.

What section 15 protects

Equality without discrimination.

Important equality rights cases

• Egan v. Canada (1995): sexual orientation rights

• Vriend v. Alberta (1998): added sexual orientation

• M v. H (1999): expanded “spouse” to same-sex couples

Descriptive vs substantive representation

Descriptive = looks like the group; Substantive = acts for the group.

Barriers for women in politics

Stereotypes, media bias, and gendered views of leadership.

How Canada is doing on women in politics

Majority-female legislature (2024), but still faces structural challenges.

Path to office for women

Eligible → Aspirant → Candidate → Legislator.

What is settler colonialism

System where settlers control and replace Indigenous governance and cultur

What is the indian act

1876 law that gave Canada control over Indigenous life and pushed assimilation.

What was the white paper

1969 policy to end special Indigenous status; rejected by Indigenous leaders.

What section 35 does

Recognizes Aboriginal and treaty rights in the Constitution.

What are historic treaties

Land agreements between the Crown and First Nations, often broken or ignored.

What is aboriginal title

Legal right to land based on traditional use.

Important indigenous rights court cases

• Calder (1973): recognized Aboriginal title

• Delgamuukw (1997): defined what’s needed for title

• Sparrow (1990): clarified section 35 rights

• Van der Peet (1996): protected cultural practices

Three views of indigenous self-government

• Full sovereignty

• Shared/coexisting sovereignty

• Delegated authority

What is reconciliation

Building respectful relationships through truth, apology, and change (TRC definition).