Unit 2 - Responsible Government

This covered Chapter 1: Issues in Canadian Governance. Specifically this chapter looked at the 2008 Prorogation Crisis (Stephen Harper). It looked at government accountability and confidence in the government. Prorogation is the act of suspending parliment.

Cabinet solidarity

All members of the Cabinet must publicly support government decisions, even if they personally disagree.

This maintains the imagery of a stable government, ensuring public confidence and avoiding confusion. If a minister disagrees, they should resign from cabinet.

Coalition

Consists of two or more political parties that agree to form a government together, with a Cabinet that includes ministers from each party.

• While such governments are common in other countries, coalitions are rare in Canada.

• Minority governments in Canada may use informal or written agreements with opposition parties instead of forming coalitions through multi-party cabinets.

Constitutional conventions

Are unwritten rules that guide how government officials behave and how the political system operates, even though these rules aren’t written in law or enforced by courts.

Three major constitutional conventions in Canada include:

• PM and Cabinet must have confidence of the House of Commons.

• Governor General acts on PM’s advice and gives Royal Assent.

• Leader with confidence forms government; ministers are accountable to Parliament.

Confidence convention

Related to responsible government. This is a rule where the government is responsible to the House of Commons for the exercise of powers of the government and governs only as long as it have the confidence of a majority of elected MPs.

• Ensures that the government has the democratic legitimacy to govern, but a vote of non-confidence or a threat of a vote of non-confidence does not immediately end the government.

Executive Branch (of Government)

Carries out the law - Executives execute

The executive branch is composed of the Monarch (represented by the Governor General), the Prime Minister and Cabinet.

• The Governor General is the Monarch’s representative in Canada. They have important constitutional responsibilities, including signing bills into law, summoning and dissolving Parliament, and swearing in the Prime Minister and Cabinet.

• The Prime Minister Party leader, Cabinet leader and MP.

• The Cabinet develops policies to govern the country and makes sure that laws are put into action.

House of Commons

The Legislative Branch of Government

• The lower house of the Parliament of Canada and the main place where Canadian laws are proposed, debated, and passed.

• It consists of 338 Members of Parliament (MPs), that are elected by Canadian citizens during federal elections.

• Members of Parliament (MPs) are elected by Canadians to represent different areas of the country called constituencies.

• MPs spend much of their time debating, voting, participating in committees and representing the concerns of their constituents.

• They introduce bills, refine legislation, and suggest amendments to Senate bills.

Head of Government

The Head of Government. They traditionally play many roles including political party leader, Cabinet leader and MP. The Prime Minister determines the government’s agenda, guides policy development and selects members of the Cabinet.

Part of the executive branch of government.

Head of State

Reference made to the Monarch (Currently King Charles III). This is the official symbolic leader of Canada. More ceremonial duties. The King is represented by the Governor General in Canada, who carries out these duties representing the King.

Prorogation

Prorogation stops the Parliament Session. The government remains in power, but all parliamentary activity must pause (bills, committee work, studies, etc).

Agenda will reset once the House of Commons reconvenes in March. Opposition parties have the option to revive the old activity with a motion, but there is no guarantee that ever happens if they want to defeat the current government altogether.

Has important implications around the division of power between the executive, legislature and governor general.

• Purpose is to wipe clean the Order Paper of old or existing business and to set a new legislative agenda.

• All unfinished business at the end of a session dies on the Order Paper.

• Recess is a brief pause, where as prorogation is a suspension.

Argument Against Prorogation

Votes of non-confidence can trigger a PM wanting to suspend Parliament using this method.

• Leads to an abuse of power and negatively affects democracy in Canada.

• Restrictions should be placed on the time that prorogation can be called, and the powers of the Governor General to approve.

• Used as option to be used when a decision threatens their government.

• When parties want to avoid scrutiny by the legislature and in turn, accountability to the public.

• Used as tool to avoid political accountability of PM. 

Partisan

Strong support for a specific political party or ideology.

If someone is partisan, they support one political side, strongly and may be biased in decision making related to that party.

Parliament (Canada’s Legislature Building)

3 Parts

Legislative Branch of Government. Refers only to the federal law-making body in Ottawa.

• It is made up of:

  • The Crown (represented by the Governor General),

  • The Senate (Upper House)

  • The House of Commons (Lower House)

• Together, these three parts pass laws that apply across all of Canada.

The federal legislative branch responsible for making laws and representing the people.

Functions of Parliament include; Make and pass laws (bills), debate national issues, approve government spending and taxation, and hold the government accountable through questioning and votes.

Legislature

Legislative Branch of Government:

Refers to the law-making body of a province or territory.

• Most provinces have a Legislative Assembly (unicameral — just one chamber).

• Like Parliament, each provincial legislature includes:

  • The Crown (represented by the Lieutenant Governor), and

  • The elected assembly (e.g., Ontario’s Legislative Assembly, Quebec’s National Assembly).

• They pass laws that apply only within that province/territory.

Responsible government

• The executive (Prime Minister and Cabinet) must have the support (or “confidence”) of the elected assembly (House of Commons federally, legislative assembly provincially).

• If the government loses the confidence of the elected representatives. Through a vote of non-confidence, it must either resign or ask the Governor General/Lieutenant Governor to dissolve Parliament/Legislature and call an election.

• This ensures the government is “responsible” (answerable) to the people, through their elected representatives, not just to the Crown.

Westminster Parliamentary Democracy

Parliament-centered, with a Prime Minister accountable to elected representatives, not the monarch or ceremonial head of state. It emphasizes responsible government and democratic accountability.

It is a specific political system where the government is elected by the people through representatives (Members of Parliament).

• The executive branch (Prime Minister and Cabinet) is drawn from and accountable to the legislative branch (Parliament).

•   The government must maintain the confidence of the elected House of Commons to stay in power.

• There is a ceremonial Head of State (the monarch or their representative) who performs formal duties.

• Laws are made by Parliament, and the executive implements those laws.

Governor General

• Head of State’s representative: Acts on behalf of the King in Canada.

• Gives Royal Assent: No bill passed by the House of Commons and Senate becomes law until the Governor General formally signs it.

• Appoints government officials: Formally appoints the Prime Minister, Cabinet ministers, judges, senators, etc. (though always based on the advice of the Prime Minister).

• Dissolves Parliament: On the Prime Minister’s request, the Governor General can dissolve Parliament and call an election.

• Ensures responsible government: The Governor General must make sure a Prime Minister always has the confidence of the House of Commons.

Minority Government

When no party wins more than half the seats (less than 172 seats), but one party has the most seats overall and is invited to govern.

• The governing party must rely on support from other parties to pass laws and stay in power.

• Less stable and can fall if they lose a confidence vote (e.g., on a budget or major policy).

• Elections are often called sooner under minority governments.

Majority Government

When one party wins more than half the seats in the House of Commons.

• There are 338 seats total, so a party needs at least 170 seats to form a majority.

• This gives the party full control over most decisions, including passing laws and budgets.

• Usually more stable and can govern for a full 4-year term without needing support from other parties.

Vote of non-confidence

A formal vote in the House of Commons that determines whether the current government still has the support (confidence) of the majority of Members of Parliament (MPs).

This would have to be voted on by a majority of the party members from the opposing parties, and even members from the same party.

If there is consensus, then it triggers an election.

• Related to responsible government. A vote of non-confidence can trigger an election.

• This happened to Stephen Harper’s government.

2008 Prorogation Crisis

In 2008, Prime Minister Stephen Harper faced a no-confidence vote after opposition parties (Liberals, NDP, Bloc) tried to form a coalition to replace him.

Vote of non-confidence against him occurred for withholding budget details from the Throne Speech.

• To avoid losing power, Harper asked the Governor General to prorogue (suspend) Parliament before the vote. She agreed.

• This move was legal but controversial, as many saw it as avoiding democratic accountability.

• The crisis ended when the opposition coalition fell apart and Harper stayed in power.

The Judicial Branch

The judicial branch is made up of a system of courts, administrative boards and tribunals at the federal, provincial and territorial levels. It is independent from the legislative and executive branches.

• The Supreme Court of Canada is the highest court in Canada, and the final court of appeal.

• The federal court system specializes in federal laws, such as intellectual property, maritime law and tax assessments.

• Provincial and territorial courts make up most of the courts in Canada and are created by provincial and territorial legislatures.

The Legislative Branch

Parliament is Canada’s federal legislature. It includes the Monarch (represented by the Governor General), the Senate and the House of Commons.

Members of the Senate and House of Commons propose, review and pass bills, which then become laws.

To become law, all bills must be adopted by the Senate and the House of Commons in identical form and receive Royal Assent from the Governor General or a representative.

• The Senate: Senators are appointed by the Governor General, on the advice of the Prime Minister, to represent Canada’s provinces and territories.

• The House of Commons: Members of Parliament (MPs) are elected by Canadians to represent different areas of the country called constituencies.