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.