POLI-221: The Government of Canada - Week 6 Notes

POLI-221: The Government of Canada - Week 6 Notes

Parliament

  • Power Dynamics

    • The rise of political parties and the concept of "court government" (as per Savoie 2009) has led to a diminution of parliamentary power.

    • Despite this shift, Parliament remains a central feature of Canada's political system (Thomas 2009).

    • The Canadian political system is characterized as executive-centric, where power is largely concentrated in the hands of the Prime Minister and the cabinet.

  • Role of Parliament

    • “The primary operational purpose of the modern parliament is to make the cabinet accountable for its actions to the public.” (Malcolmson et al: 89).

  • Official Opposition

    • Plays a critical role in holding the cabinet accountable to the public.

  • Sessions of Parliament

    • Each Parliament is organized into sessions, which last approximately one year.

    • A session commences with a throne speech and concludes through prorogation.

    • Upon dissolution of Parliament, general elections are prompted.

The House of Commons (1)

  • Composition and Functions

    • The House of Commons consists of 343 members of Parliament (MPs).

    • Its primary business involves debating and enacting legislative bills.

  • Types of Bills

    • “Government bills” (introduced by ministers) have a higher likelihood of being passed compared to “private members’ bills” (introduced by individual MPs).

  • Legislative Process

    • The legislative process involves three readings:

    • First Reading: Introduces the bill and allows MPs and the public to learn its contents.

    • Second Reading: Examines the general provisions of the bill; the bill is sent to committee for potential amendments.

    • Third Reading: Final approval stage for the bill.

The House of Commons (2)

  • Nature of Proceedings

    • The House of Commons is characterized as an antagonistic chamber, where the government and opposition routinely engage in conflict.

  • Regulatory Framework

    • Parliamentary debates are governed by strict rules known as Standing Orders, which regulate:

    • How to address the Speaker

    • Speech durations

    • Use of closure by the government to terminate debate on specific matters.

  • Role of Backbenchers

    • Backbenchers, while less prominent than ministers and shadow ministers, contribute significantly to the parliamentary process:

    • They participate in caucus meetings and parliamentary committees.

    • They have the opportunity to introduce their own private member’s bills.

  • Empowering Private Members

    • There has been ongoing dialogue about empowering private members, particularly through increasing the number of free votes in Parliament.

The Senate (1)

  • Composition and Functions

    • The Senate is composed of 105 members and is tasked with reviewing bills passed by the House of Commons, earning it the designation "chamber of sober second thought."

  • Original Purpose

    • Initially established to protect property rights; Senators are required to own at least $4000 in property in their home provinces.

  • Seat Distribution

    • Senators are allocated based on regional representation:

    • Ontario Division: 24 seats

    • Quebec Division: 24 seats

    • Maritimes Division: 24 seats (New Brunswick: 10; Nova Scotia: 10; Prince Edward Island: 4)

    • Western Division: 24 seats (British Columbia: 6; Alberta: 6; Saskatchewan: 6; Manitoba: 6)

    • Territories: 3 seats (Northwest Territories: 1; Yukon: 1; Nunavut: 1)

    • Newfoundland and Labrador: 6 seats

The Senate (2)

  • Powers in Law vs. Practice

    • According to Malcolmson et al. (103), “In law, the powers of the Senate are almost the same as those of the House of Commons.” However, in practice, the Senate seldom exercises its full powers since senators are not elected.

    • This has contributed to a decline in the Senate's perceived legitimacy within Canada’s liberal democracy.

    • Traditionally, the Senate reviews bills from the House of Commons but does not reject them due to this convention.

  • Senate Reform Debate

    • The discussion surrounding Senate reform includes three primary options:

    • Maintaining the status quo, possibly with minor modifications.

    • Complete abolition of the Senate.

    • Transitioning to an elected Senate.

  • Supreme Court Rulings on Senate Reform

    • In 2014, the Supreme Court ruled that Parliament cannot unilaterally abolish the Senate or convert it to an elected institution; a constitutional amendment is required, necessitating agreements from all provinces regarding abolition, versus a 7/50 formula for establishing an elected Senate.

  • Trudeau’s Initiatives

    • The Justin Trudeau administration established the Independent Advisory Board for Senate Appointments, aimed at promoting merit-based appointments and curbing partisanship.

Next Week’s Readings (Beyond the Textbook)

  • Kelly and Manfredi (2009)

    • A handbook chapter; Professor Kelly will be joining us for the first video interview of the semester next week.

  • Cairns Way Article (2017)

    • Focuses on the significance of diversity in judicial appointment reform.

  • Levin and Alkoby (2018)

    • Addresses the insufficient diversity among judges in Canada’s largest cities, arguing the bench should reflect the societal composition.