The Legislature
The Legislature in Canada: POL S 224 - Week 5 Lecture Notes
Parliament: An Evolution
Origin: The term "parliament" is derived from the French word "parler."
Historical Context:
Initially served as a purely advisory body within British history.
The establishment of responsible government transitioned into a stronger legislative authority.
Power Dynamics:
Over time, there was a significant shift of power from Parliament to the cabinet.
This shift led to the growing dominance of party leaders in Parliament.
Current Functionality:
The primary purpose of Parliament today is to ensure that the government is accountable to the public.
The Parliament Lifecycle
Parliamentary Numbering: Each parliament is numbered by election, with the current one being the 44th Parliament.
Sessions:
Generally organized into 4 sessions.
Each session begins with the Speech from the Throne and concludes with prorogation.
Ending of Parliaments: Parliaments conclude their sessions in prorogation.
The House of Commons
Description: The House of Commons is the lower, elected chamber of the Canadian Parliament.
Key Responsibilities:
Overseeing the functioning of the chamber.
Passing laws.
Authorizing government spending and revenue collection.
Providing representation of constituents.
Key Roles in the House of Commons
Speaker:
Role: Presides over the proceedings and maintains decorum in the legislature.
Clerk and Table Officers: Provide procedural advice to the Speaker.
House Members:
Government Members: Those who serve in the cabinet.
Opposition Members: Members who do not belong to the governing party.
Satellites: Specific roles like Sergeant-at-Arms, responsible for maintenance of order.
Mace: Symbol of authority in legislative practice.
The Rules Governing Parliament
Standing Orders: This refers to the comprehensive rules that govern the proceedings of the legislature.
Parliamentary Privilege: Members enjoy extraordinary rights and immunities to perform their duties without inappropriate interference.
Contempt: A formal denunciation of inappropriate behavior of members or government in Parliament.
Officers of the House
Auditor General: Audits government spending and operations, reporting findings to Parliament.
Parliamentary Budget Officer: Provides independent analysis on budgets and financial proposals.
Conflict of Interest and Ethics Officer: Addresses conflicts between personal interests and public duties among Members of Parliament (MPs).
Members of Parliament (MPs)
Composition: There are 343 MPs elected to represent various ridings or constituencies.
Types of Members:
Government Members: Those in cabinet roles.
Private Members: Those not in the cabinet.
Political Affiliations:
Government MPs: Support and form the government.
Opposition MPs: Those who do not support the governing party.
Committees in Parliament
Standing Committee: A permanent legislative committee defined by its existence within parliamentary rules.
Ad Hoc Committee: A temporary committee with a specific mandate for current issues.
Committee of the Whole: Refers to the entire legislative assembly acting as a committee, excluding the Speaker.
House Business
Bill: A piece of proposed legislation submitted to the legislature.
Types of Bills:
Private Bills: Affect a particular group or region rather than the public.
Public Bills: Address issues pertaining to society as a whole.
Motions/Resolutions: Proposals for parliamentary action or expression of opinion.
Government Bills: These are introduced by government ministers.
Private Members' Bill: Introduced by backbenchers in Parliament.
Opposition Days: Time designated for opposition parties to present their own motions and legislation (typically 20 days per session).
Question Period: A designated time for MPs to ask questions of the government.
Financial Aspects of Parliament
Budget: A document detailing projected revenues, expenditures, and economic forecasts of the government.
Estimates: Breaks down how each governmental department will handle funding and spending.
Parliamentary Procedure and Regulation
Speeches: Generally restricted to 20 minutes per member, with each only allowed to speak once on any matter.
Closure: A mechanism that permits the government to end debates on a matter.
Omnibus Bills: Covering a wide range of issues within a single piece of legislation (e.g., budget implementation bill).
Filibustering: A tactic used by some opposition members to prolong debate; durations can vary significantly: 1 hr, 15 min to 24 hrs.
The Senate
Overview: The upper house of the Canadian Parliament, comprising appointed members.
Methods of Appointments: Senators are not elected but are appointed; since 2015, Canadians can apply online for positions which are subsequently reviewed.
Issues of Composition: Senate representation can be uneven across provinces (e.g., some provinces having 24 senators, others only 6).
Operational Questions: Generally involves discussions about the powers and selection processes of senators.
Types of Government Structures
Majority Government: Constructs when more than half of the members belong to the same party.
Hung Parliament: Situations where no political party holds a majority.
Minority Government: Governing party holds less than half the legislative seats but can command the confidence of the house.
Coalition Government: A cabinet formed from members of multiple parties, which is rare in Canada.
Party Dynamics within Governance
Party Discipline: Reflects the inherent evolution of party politics.
Influences voting practices, inquiry questions, and committee participation.
Various sanctions and methods of enforcement exist to maintain party unity.
The Role of Backbenchers
Characterization:
Often dubbed as "trained seals" in a stereotypical role under party discipline.
Present limited opportunities for individual participation.
Opportunities beyond the chamber: Participation in caucus meetings, committee assignments, and promoting Private Members' Bills (PMBs).
Primary Roles: Constitute representation, advocacy, and engagement with constituents.
Emerging Political Dynamics
Free Vote: A vote on legislation where party members can choose how to vote without repercussions, barring leadership members.
Floor Crossing: When a legislator shifts party allegiance, resulting in changes to party representation.
Conclusion
Consensus Government: Operates without a majority party setup, often observed in regions like the Northwest Territories and Nunavut.
Relies heavily on Indigenous governance principles and community engagement in selecting leaders.