Chapter 6 - Executive Branch of Government

Define the executive branch of government

The branch of government that is responsible for administering or implementing the laws in Canada and whose authority, in this country, is divided between the federal, provincial, and territorial governments based on the division of legislative authority under the Constitution

What is known as responsible government?

A system of government in which the members of the executive branch are drawn from the elected members of the legislative branch and in which their power continues only so long as they enjoy the support of the majority in the legislature

Name an example of a dual executive legal system

Canada; formal head of state is the monarch that is represented by the Governor General of Canada and the Lieutenant General of the provinces...

The political head of state is the Prime Minister that commands majority in the House of Commons

Who is Canada's formal head of state?

King Charles III

What is the definition of Crown?

The monarch whose authority in Canada has been delegated to the Governor General (Federal), Lieutenant General (Provincial), but is exercised by the executive branch of government

True or False?

The Crown is exercised by the legislative branch of government

False, it is exercised by the executive branch

What is an essential source of executive power?

Convention, constitutional legislation and common law/statutory rules

What is the official name for the federal cabinet?

Governor in Council

Define convention

established and traditional "rules" on which our system of responsible government is based and which qualify many rules of government set out in constitutional legislation, which are not, technically, legally binding

Name one example of convention

Constitution Act, 1867

Who is the formal advisory council of the Governor General

King's Privy Council for Canada

What system of responsible government consists of a formal head of state and a political head of state?

Dual Executive

According to the Constitution, the monarch and their representative wield what power in Canada?

Executive power

As per the Constitution Act, 1867, who is required to sign federal Bills as a formal step before they become a law? Under what sections is this stated?

Governor General, as per section 17 and 55 (Constitution Act, 1867)

Given that he was an appointee of the Federal Cabinet, there was what question about what pertaining to the Lieutenant Governor?

The nature of his power

If the executive government were ignoring the conventional constraints on its power, who could override the government in a method called "reserve power"?

Governor General

Responsible government is primarily based off of what rather than principles set out in the constitution?

Convention

What defines the exact nature and extent of the Crown's prerogative?

The common law courts

What is Crown immunity?

The term for the various protections afforded to the Crown

What are the primary examples of Crown immunity?

- Crown privilege

- Presumptions of legislation not applying to the Crown

- (Formerly) immunity from tortious liability

What is Crown privilege?

An aspect of Crown immunity that permits the Crown to claim that evidence is privileged on the ground that its disclosure would adversely affect some matter of public interest

What is the principle of non-interference?

Convention prohibiting direct interference by politicians with court proceedings