class 8: making law 1

different types of law makers

legislatures

executive and administrators

law enforcement officers

judges

federal legislature

parliament

bicameral: House of Commons and senate

queen/gov. general

s 17 of constitution act 1867 - sovereign provides royal assent to legislation through governor general

provincial legislature

unicameral

queen/lieutenant governor

s 58 of constitution act 1867

parts of the legislature

federal (parliament), provincial, prime minister/premier and cabinet

legislature roles and functions

representation

enact legislation (deliberation and debate)

hold executive accountable (responsible government, question period, committee hearings)

sociological perspectives on lawmaking

rationalistic model: harm prevention

functionalist model: reflecting existing consensus, customs

conflict model: reinforce power of elites

moral entrepreneur model: influence of particular groups

legislative process in parliament

House of Commons —> senate —> queen (Governor General)

legislative process

1st reading: intro by responsible minister/mp, vote to go to 2nd reading

2nd reading: debate on principles

committee hearings: section by section debate, hearings witnesses submissions, report from committee, suggested amendments

report stage: opportunity to propose amendments not considered at committee

3rd reading: debate and vote on bill as amended

executive branch representatives (federal)

formal: queen/king, represented by the Governor General, s 9 of constitution act 1867

informal: prime minister and cabinet

executive branch representatives (provincial)

formal: queen/king, represented by lieutenant governor

informal: premier and cabinet

executive branch actors

formal representatives

informal representatives

government departments and administrative agencies

law enforcement agencies

federal executive law enforcement

police - RCMP

provincial executive law enforcement agencies

provincial police, municipal police

formal executive roles and functions

largely ceremonial

exercises formal powers (must provide royal assent for legislation to come into force)

informal executive roles and functions

create policy

administer policy/legislation

enforce legislation

departments

direct control by government

administrative agencies

indirect control by government

departments and administrative agencies functions

investigation/policy

rule making (delegated legislation)

adjudication

discretionary decisions

administrative law making - immigration and refugees main actors

minister of immigration, refugees, and citizenship canada

immigration and refugee board (tribunal)

administrative law making - immigration and refugees process

policy: minister and IRCC department

rule making: minister and IRCC department

adjudication: IRCC Department officials, IRB

discretion: minister and delegates (ex. baker case)