POLI final study guide

Core Ideas in Canadian Politics

Key Questions

• What are the purposes of the Canadian state?

• Why might it be better to live in a Canadian state than in another state or no state at all?

1. Core Political Values

Liberty

• Individuals should be as free as possible to pursue their own preferences.

• Examples:

  • Economic freedom: tax freedom, living wage

  • Social freedom: abortion rights, gun ownership

  • With limitations based on the Harm Principle: actions are acceptable unless they harm others.

    • Speed limits, drug regulations, sugar/caffeine limits

    • Ownership of property

    • Minimum wage laws

Equality

• Equal consideration of each citizen’s interests; equal rights and privileges.

• Types:

  • Legal: equal treatment under the law

  • Social: changing views on class and social inequality

  • Economic: inequality due to free market allocation of scarce resources

• Challenge: How can a state ensure both freedom and equality?

2. Institutions of the Canadian State

Democracy

• Government by the people through representative democracy.

• Citizens delegate authority to elected officials.

Minority Rights

• Protect against tyranny of the majority.

• Ensure political and civil rights for minorities.

• Enforced through federalism and entrenched rights.

Constitutionalism and the Rule of Law

• Constitutionalism: Government power is defined and limited by a constitution.

• Rule of Law: All government actions must follow legal rules.

• Contrast: Parliamentary supremacy allows Parliament to override rights (e.g., UK).

3. Challenges of Governing in Canada

• Geography: Vast and diverse, described as an “unnatural country.”

• Economics: Centre (Central Canada) vs. hinterland (resource-rich regions).

• Social Diversity: Immigration, multiculturalism, regional identities.

4. The Canadian Constitution

Key Questions

• What is a constitution, and what does it do?

• How does Canada’s constitution define and structure political authority?

• How has the constitution evolved over time?

Definition

• A constitution is a set of fundamental, supreme, agreed rules by which a state is governed.

• Includes written laws and unwritten conventions.

Constitution Act, 1867

• Founding document: creates the Dominion of Canada

• Preamble: “similar in principle to that of the United Kingdom”

• Establishes:

  • Executive Power: King/Queen, Governor General, Privy Council

  • Legislative Power: Parliament (King/Queen, Senate, House of Commons)

  • Division of Powers:

    • Section 91: Federal responsibilities

    • Section 92: Provincial responsibilities

Key Constitutional Principles (1867)

• Constitutional monarchy

• Representative democracy

• Federalism (minority protection)

Limitations of 1867 Constitution

• Missing: Executive processes, judicial review, rights protections, amending formula

Constitution Act, 1982

• Patriated the constitution from Britain

• Added:

  • The Charter of Rights and Freedoms

    • Fundamental freedoms, democratic rights, legal rights, equality rights, mobility rights, language & education rights

  • Recognition of Indigenous Rights

  • Equalization Payments (s. 36)

  • Amending Formula (7/50 rule, unanimous consent for certain changes)

5. Post-1982 Constitutional Politics

Quebec and the Constitution

• Quebec did not sign the 1982 constitution.

• Meech Lake and Charlottetown Accords: Attempts to bring Quebec in—both failed.

• 1995 Quebec referendum: nearly succeeded in separating.

6. The Unwritten Constitution: Responsible Government

Key Questions

1. What are constitutional conventions?

2. What is responsible government?

Constitutional Conventions

• Non-legal but binding rules based on political norms and customs.

Responsible Government

• The executive must have the confidence of the elected House of Commons.

• If confidence is lost: resign or call an election.

• Crown acts on advice of the government.

• Ministers must be MPs (or senators), responsible collectively.

Government Types

• Majority: Governing party has >50% of seats

• Minority: Governing party has <50% of seats

  • May require coalitions

7. Federalism in Canada

Definition

• System of government where power is constitutionally divided between federal and regional governments.

Why Federalism?

• Practical reasons: Large geography, diverse populations

• Normative reasons:

  • Local rule and self-expression

  • Check on centralized power

  • Innovation and experimentation

Types of Systems

• Unitary: Centralized authority (e.g., France)

• Confederal: Loose union of states (e.g., early US)

• Federal: Balance between levels (e.g., Canada)

Division of Powers: Constitution Act, 1867

Federal (s. 91)

• Taxation, trade, defence, banking, Indigenous policy, criminal law

Provincial (s. 92)

• Property, health care, education, local works, natural resources

Shared (s. 95)

• Agriculture, immigration

• Federal government favored via:

  • Superior revenue

  • Nation-building powers

  • Reservation & disallowance (rarely used today)

8. Fiscal Federalism

Definition

• Financial relations between federal and provincial governments.

Why?

• Vertical imbalance: Federal has more revenue, provinces have more service responsibilities.

• Horizontal imbalance: Some provinces have fewer resources.

Mechanisms

Canada Health Transfer (CHT)

• 2024–25: $52.1 billion for healthcare

Canada Social Transfer (CST)

• 2024–25: $16.9 billion for social programs and education

Equalization Payments

• 2024–25: $25.2 billion to “have-not” provinces

• Goal: ensure comparable public services at similar taxation levels

• Enshrined in s. 36 of Constitution Act, 1982

SUMMARY

• Purpose of the Canadian state: Advance liberty and equality.

• Achieved through institutions of democracy, minority rights, constitutionalism, and rule of law.

• Constitution:

  • 1867: Structures political authority

  • 1982: Limits power and protects rights

• Challenges: geography, economy, and diversity

• Federalism and fiscal federalism are crucial to managing these challenges.

Political Parties

Key Questions

• Why are political parties important in Canadian politics?

• How are political ideologies reflected in Canadian political parties?

• What are the major political parties in Canada and how do they differ?

Definition

Political Party: Publicly organized groups of people, motivated by shared sets of political ideas whose goal is to gain influence and power by contesting elections.

Functions of Political Parties

• Interest Articulation and Aggregation: Parties act as coalitions of different societal interests.

• Recruitment: Bringing people into politics and leadership roles.

• Fundraising and Campaigning: Mobilizing resources and voter support.

• Structure Political Reality: Helping voters make sense of the political world.

Parties and Ideologies

Ideology: A set of interrelated beliefs about how society is organized and how it ought to function.

Ideologies provide principles and ideas for:

• The purpose and organization of government

• Responses to social problems

• Views on social identity and division

Examples of Ideologies: Conservatism, liberalism, communism, fascism, democratic socialism.

Major Political Parties in Canada

Conservative Party of Canada

• Origins: Original governing party under John A. Macdonald. Pro-British. Formed by old conservatives (Tories) in Ontario and "bleus" in Quebec.

• Development:

  • Progressive Conservative (PC) from 1942-2003

  • Reform Party emerged advocating for Western interests

  • Merged with Reform/Canadian Alliance in 2003

• Ideology: Centre-right socially and economically

  • Smaller government, lower taxes

  • Traditionalist on morality, culture, and law and order

Liberal Party of Canada

• Origins: Original opposition party formed by Reformers in Ontario and "rouges" in Quebec. Pro-American and pro-republic.

• Development:

  • Led by Laurier, emphasized French Canadian representation

  • Held government for most of the 20th century

• Ideology: Centre to centre-left socially and economically

  • Favors government intervention

  • Centralizing on federalism

  • Progressive on morality and law and order

New Democratic Party (NDP)

• Origins: Formed from the Co-operative Commonwealth Federation (CCF) in 1932, representing social democracy and the working class.

• Development:

  • Joined with Canadian Labour Congress in 1961 to form NDP

  • Successful third party since the 1960s, official opposition in 2011

• Ideology: Left-wing socially and economically, but has shifted toward the centre

  • Supports government intervention (e.g., medicare)

  • Progressive on morality and law and order

Party Systems in Canada

Party System: The structure and characteristics of electoral competition among political parties.

Key elements:

• Number and Types of Parties

• Nature of Party Support

• Dominant Issues

Historical Party Systems

1. First Party System (1867-1921)

2. Second Party System (1921-1957)

3. Third Party System (1963-1993)

4. Fourth Party System (1993-2006)

5. Fifth Party System (2006-present)

Elections

Key Questions

• What is the role of elections in the Canadian political system?

• What are the differences between Single Member Plurality and Proportional Representation systems? What are the strengths and weaknesses of each?

Elections and Democracy

• Representative Democracy: Elections are central to democratic governance.

• Right to Vote: Fundamental democratic right, entrenched in Section 3 of the Charter.

• Expansion of Voting Rights:

  • Women: 1918

  • First Nations: 1960

• Elections as Democratic Linchpin: Ensuring responsible government.

Electoral Systems

Electoral System: The method through which individual votes are translated into a collective outcome.

Process: Votes → Electoral System → Legislature → Executive (Government)

Key Components:

• Districts: Number and allocation

• Representatives: Number per district and overall total

• Ballot Procedure: One choice or ranked choices?

• Criteria for Winning: Plurality (most votes) or majority (>50%)?

Single Member Plurality (SMP)

• System Used in Canada: Geographically based.

• Districts: 338, allocated by province according to population.

• Representatives: One per district (single-member districts).

• Ballot: Voters select one candidate.

• Winning Criterion: Plurality — the candidate with the most votes in a district wins.

Proportional Representation (PR)

• Definition: A family of systems where a party's seat share closely matches its vote share.

• Variation: PR systems have different rules on vote-to-seat translation.

Effects of Electoral Systems

The Legislature: House of Commons (And Senate)

Key Questions

• What are the main functions of the House of Commons?

• To what extent is the House of Commons representative of Canadian society?

• What is the role of party discipline in the House of Commons?

• Does the House of Commons perform its functions effectively? Is reform needed?

Functions of the House of Commons

• Legislation: Debates and passes bills, creating law.

• Representation: Articulates local and other interests, brings citizens into government.

• Scrutiny and Accountability: Holds the government accountable for its actions to the public.

• Legitimation: Provides the “stamp” of democratic authority to government action and the broader political system, showing commitment to rule of law.

Composition of the House of Commons

• Representation by Population: Number of representatives generally reflects population size, but some distortions exist (e.g., PEI has 4 seats despite a population warranting only 1).

Arrangements of the House

• Functions as an Adversarial System — division into government and opposition, with the Official Opposition playing a key role.

Theories of Legislative Representation

• Delegate: Acts as the voice of constituents.

• Trustee: Uses personal judgment.

• Party Member: Follows party direction.

Party Discipline

• Strict Party Discipline: MPs adhere to party leadership.

• Reasons:

  • Ideological alignment

  • Team mentality and leadership deference

  • Career considerations

Democratic Deficit: Creates two classes of MPs:

• Those with power (PM, Cabinet, party leaders)

• Those without power (backbenchers)

Reform Options:

• House committees

• Private members’ bills

• Loosening party discipline

• Reform Act (2014): Strengthened caucus control over party leaders.

The Senate

• Bicameralism: The Senate is the “upper house.”

• Roles:

  • “Sober Second Thought” — elite check on democracy.

  • Regional representation.

• Membership:

  • Appointed by PM, serve until age 75.

• Powers: Can amend or block bills (except money bills and constitutional amendments).

• Reform: Independent Senators Group, Trudeau’s reforms.

The Executive: Prime Minister And Cabinet

Key questions

• What are the institutions of executive power in Canada? How do they relate to one another? 

• What principles and practices shape cabinet government? 

• Why are Canadian prime ministers so powerful? Are they overly so?

Structure of Political Authority

The Canadian Executive

• What is the executive power?

• The executive: the crown, prime minister and cabinet (the political executive), and the civil service

• Role of the crown: 

  • “Embodiment of the state”

  • King of Canada, represented by the governor general

• The political executive exercises almost all executive power in Canada.

Prime Minister and Cabinet

• Political executive

  • The group of ministers, including the prime minister, that constitute the government

  • Ministers as ‘political heads’ of departments, advised by Deputy Ministers (DM)

Composition of Cabinet (February 2025)

• Cabinet ministers appointed by the prime minister

• The “Representative imperative”: Cabinet should be reflective of the diversity of the Canadian population

What should be the most important factors in a prime minister's choice of cabinet ministers?

Principles of Cabinet Government

• Collective responsibility: cabinet as a whole is responsible for government decisions

• Cabinet solidarity: all ministers must publicly support government decisions. 

• Ministerial responsibility: ministers are accountable for the activities of their department. 

Cabinet Government in reality

• In practice, cabinet does not act as a collective decision-making body

  • A ‘focus group’ for the prime minister

    • Essentially, a way for the prime minister to gather opinion

  • Real decision-making is in cabinet committees, central agencies and the prime minister

The Prime Minister

• Who is the prime minister?

• Most powerful person in Canadian government

• Power rests on practice and convention

Sources of Prime Ministerial Power

1. Principal advisor to the crown

2. Power over cabinet appointment and processes

3. Control over the “machinery of government” (the civil service)

4. Vast Range of appointment powers

   1. Bank of Canada, UN, supreme court justice etc

5. Leaders and chief spokesperson of party and government

• PM is also supported by the Prime Minister’s Office and the Privy Council Office

• Prime Ministers Office

  • Political organization that supports and advises the prime minister, staffed mostly by partisan appointees. Provides “policy sensitive” political advice

  • “The PMO - Ottawa’s centre of power”

• Privy Council Office

  • Bureaucratic office that supports and advises the prime minister, cabinet, and cabinet committees in nonpartisan terms. Provides “politically-sensitive” policy advice.

  • The Prime minister can choose the clerk of the privy council (head of the civil service) but they aren’t tied to the PM (if Trudeau leaves, the clerk doesn’t have to unless new PM chooses new clerk) 

Political Authority in Canada in Reality

Constraints on Power?

• Federal system

• Other actors in ‘centre of government’

• Complexity and size of government

• Democratic norms and accountability (e.g., Responsible Government)

• Political context: power is dynamic and flexible

The Courts and the Charter

Key questions

1. What are the core functions of the judicial system?

2. What is the role of the Supreme Court of Canada in Canada’s judicial system?

3. How have judicial review and the Charter changed the role of the judiciary in Canada?

The Structure of Political Authority

The Judicial Power

• Legislatures make law…

• Executives implement and enforce law

• What do the courts do?

  • Adjudication: provision of authoritative settlements in disputes about the law

• What kinds of disputes do people have?

  • Private law: private parties (individuals, corporations)

    • Decided through common law, except in Quebec (civil law)

  • Public law: private parties and the government or between governments

    • Criminal law: a federal decision

    • Administrative law: Disputes about government action, e.g., regulation

    • Constitutional law: interpretation of the Constitution

Principles of Judicial process

• Rule of law: equal treatment, procedural fairness, transparent and open lawmaking, government power constrained by the law. E.g. the “writ” of habeas corpus

• Judicial Impartiality: judges should be free from (the perception of) bias or prejudice

• Judicial independence: judges should be free of influence or coercion from other state institutions  or public opinion

Structure of Courts in Canada

• General/Federal courts: appointed by the federal government under s. 101

  • Superior courts: appointed by the federal government under s. 96, operated by provinces

    • Appeals court

  • Inferior courts: Trial dealing with most legal matters

The Supreme Court of Canada

• Final court of appeal (since 1949) from provincial and federal court systems 

• Also hears reference cases. 

How to get on the supreme court

• Court of nine justices with tradition of regional representation

• Appointment by the Governor General on advice of the prime minister

• Eligibility: current or former superior court judge, current or former legal practitioner of ten years standing, *functional bilingualism

Judicial Decision Making

• Judicial Review: Power of courts to declare laws invalid (in violation of the constitution)

• Two perspectives on the use of Judicial Review

  • Judicial activism: “vigorous” use of judicial review, often to expand rights or overturn legislative judgement

  • Judicial restraint: limited use of judicial review, deference to legislative judgement

Who Should Decide

The Charter

Key questions

1. How does the Charter frame the interpretation of rights in Canada?

2. How have Charter Rights been interpreted by Courts in Canada?

Why Rights?

• Inherent to values of liberty and equality

• Sources?

  • Natural law: “God-given”, reasoning from dignity, moral worth, and autonomy of individuals

  • Social norms/rules: consequences of rights

• Are rights absolute? No. 

Why a Charter of Rights?

• Failures of previous rights protections e.g., the Bill of Rights

• Rights activism of 1950s, 1960s

• Role of Pierre Trudeau (1968-79, 80-84)

The Charter of Rights and Freedoms

• First part of the Constitution Act, 1982 (ss. 1-33)

• Contains clauses that are

  • Interpretive: how to understand and make decisions about potential Charter rights violation

  • Procedural: when and how Charter claims can be brought and resolved

  • Substantive: enumeration of rights and freedoms

Interpreting the charter

• S. 1: “reasonable limits” clause

• Governments may violate Charter rights if they can justify it as a reasonable limit on that right

• The Oakes Test

  • Determining when the government is justified in infringing a Charter right

Interpreting the charter: the Oakes Test

Interpreting the charter: other provisions

• Charter rights should not be interpreted:

  • To affect existing indigenous rights

  • To deny other rights not mentioned

• Charter rights should be interpreted:

  • To be consistent with multiculturalism

  • To apply equally to both genders

Procedural aspects of the charter

• S. 33: “Notwithstanding Clause”

  • Parliament or provincial legislatures may pass a law declaring it valid despite s. 2 (fundamental freedoms) and as ss. 7-15 (legal and equality rights)

  • Immune to judicial review for 5 years

  • Controversial, but has had minimal effect on Charter protection of rights (?)

• s. 24: Guarantee of rights enforcement through courts, power of courts to remedy violations 

  • Immediate or delayed invalidation 

  • “reading in”: interpretation of law other than precise wording of text

Rights in the Charter

• S.2: Fundamental Freedoms

  • Conscience and religion;belief, expression, press, peaceful assembly; association

    • R v. Keegstra (1990): validity of hate speech laws

    • Ford v. Quebec (1988): constitutionality of Bill 101’s French-only sign clause

• S. 3-5: Democratic rights

  • Right to vote: five-year parliaments; legislative sittings every 12 months

  • Should prisoners have the right to vote? Sauve V. Canada (2002)

• Ss. 7-14: legal rights

  • Right to life, liberty and security of the person: unreasonable search or seizure, rights upon arrest, criminal proceedings; cruel and unusual treatment

    • R v. Morgentaler (1988): strikes down restrictions on abortion based on security of the person (s. 7)

• Ss. 15 (Equality Rights)

  • Equality under the law: equal protection and benefit of law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or metal or physical disability

    • Exception for affirmative action

  • Violating s. 15 (1) Does the law create a distinction based on an enumerated or analogous ground? (2) Does the distinction impose or perpetuate disadvantage based on stereotyping?

  • Examples (Sexual orientation cases)

    • Egan v. Canada (1995): discrimination based on sexual orientation violates s. 15 equality protection, but is relevant and justifiable 

    • Vriend v. Alberta (1998): sexual orientation should be “read-in” to Alberta rights law 

    • M v. H (1999): opposite-sex definition of spouse in Ontario’s Family Law Act violates s. 15 and cannot be saved under s. 1

Gender and politics

Key questions

• What is the difference between descriptive and substantive representation? How do the two relate? 

• How well does Canada perform with regard to women’s representation and engagement in politics? What factors shape this performance? 

• How do perceptions of political leaders and leadership affect women’s achievement of power and influence?

Gender and representation

• Descriptive (Mirror) and Substantive Representation: ‘Being’ vs ‘doing’

• Does descriptive representation imply substantive representation?

• Is descriptive representation necessary for substantive representation?

Women’s Representation in Canadian Government?

• October 2024: first majority-female legislation

From eligible to elected

• Eligibles: share of total population

• Aspirants: share of people who seek a party nomination

• Candidates: share of people who are nominated

• Legislators: share of people who win

Gender and Political Leadership

• Social construction of leadership demonstrates gender bias

• ‘Good leadership’ in terms of stereotypically masculine traits and expectations, devaluing of feminine characteristics

• Differential treatment of women in leadership positions

• Gender & Leadership implicit association test

Indigenous Politics

Key Questions

• How has the Canadian state’s relationship with indigenous peoples developed over time?

• What are the major issues confronting CAnadian governments in addressing Indigenous rights?

Demographic and social context

• Rapid population growth and increase in self-identification 5.0% in 2021, 9.4% increase since 2016 (5.3% non-Indigenous growth)

• First Nations

  • 60% in 2021, 9.7% increase

• Metis

  • 36% in 2021, 6.3% increase

• Inuit

  • 4% in 2021, 8.5% increase

Colonization of Canada

• Settler colonialism

  • rooted in belief in the supremacy of European settler institutions over those of Indigenous groups, and policies and practices that impose this belief.

• “Terra Nullius” and the Doctrine of Discovery: basis of first colonial settlement in Canada

• Royal Proclamation of 1793

  • Establishment of Crown 'Sovereignty’

  • Recognition of Indigenous possession of reserve lands

  • Crown approval of land settlement

Historic treaties of Canada

• Series of treaties in 18-19th century between First Nations and British crown / Canadian government (post-1867) where land exchanged for payments, rights 

• Numbered Treaties, 1871-1921 

  • Treaties often poorly understood, promises not kept, reserve land poor

Confederation and the Indian Act

• Federal government granted power over ‘Indians’ in s. 91 of the Constitution Act (1867), resulting in the Indian Act (1876) 

• Goal: assimilation into the majority population, control over every aspect of life 

  • Extensive authority of Department of Indian Affairs and ‘Indian Agents’ 

  • Indian status and “enfranchisement” 

  • Reserve system 

  • ‘band’ governance 

  • Residential schools

Trudeau White paper 1989 

• Proposed complete integration of Indigenous peoples into ‘mainstream’ society 

• Opposed by aboriginal groups; ‘spark’ that ignited Indigenous movement in Canada

Constitutional Recognition

• Constitution Act. 1982. recognized aboriginal rights

  • S. 35: affirmation of existing aboriginal and treaty rights

• Charlottetown: inherent right to self-government, “third order of government”. Aboriginal inclusion in state institutions. 

Royal Commission on Aboriginal peoples, 1996

• Premised on acknowledgement of sovereignty, ownership of land

• Major findings and recommendations

  • Inherent right of self-government

  • Aboriginal Parliament

  • Aboriginal Parliament

  • Participation, veto in constitutional talks

• Almost entirely ignored, though useful in other ways

Issues: Aboriginal title and land claims

• Aboriginal Title: claim to land on the basis of traditional occupancy and use rather than treaty

• Recognized in Calder v. Attorney-General of BC (1973)

• Defined in Delgamuukw v. British Columbia ((1997)

  • Must demonstrate exclusive and continuous occupation of land prior to Canadian claim of sovereignty

Issues: Indigenous Rights

• Inherent communal rights to “distinctive” cultural practices

  • E.g., fishing, hunting

• Sparrow (1990): SCC interprets s. 35 of the Constitution Act. 1982

• Van der Peet (1996): criteria for determining validity of rights claim

Issues: Indigenous self-government

• Claims to an inherent right to govern autonomously from the Canadian state

• “Narratives” of self-government

  • Full-sovereignty: inherent right under international law 

  • Coexisting, shared sovereignty: the federal solution

  • Delegated authority: grant of powers from Canadian government to indigenous governing bodies (akin to municipalities)

Issues: Reconciliation

• The Truth and Reconciliation Commission report defining reconciliation: 

  • “Establishing and maintaining a mutually respectful relationship between Aboriginal and non-Aboriginal peoples in this country. In order for that to happen, there has to be awareness of the past, acknowledgement of the harm that has been inflicted, atonement for the causes, and action to change behaviour.”

  • Why has progress towards calls to action been so difficult to achieve?