Law 101 Lecture 8 Part One

Overview of Legislatures in Canada

• Bicameral System: Canada has a federal parliament that is bicameral, meaning it consists of two houses: the Senate and the House of Commons.

The Role of the Monarchy

• Representation of the Monarch: The monarch (now the King) is represented by the Governor General in the legislative process as mandated by Section 17 of the Constitution Act of 1867.

• Royal Assent: Legislative bills passed by both houses must receive royal assent from the Governor General to become binding law.

Principle of Responsible Government

• Elected Officials: In Canada, the Prime Minister and provincial Premiers are part of the legislature, which is different from the U.S. where the President does not sit in Congress.

• Accountability: Legislatures operate under the principle of responsible government, which requires the executive to secure sufficient votes for legislation to be passed.

Functions of the Legislature

• Representation: Members of Parliament (MPs) represent their constituents.

• Accountability: Legislatures hold the executive accountable through:

  • Question periods where ministers answer queries.

  • Committee hearings that summon government officials.

  • Elections, allowing voters to influence representation and government policy.

Legislative Process

• Passage of Legislation:

  • Bill goes through readings in the House of Commons, attended by debates.

  • Committee stage for detailed examination and amendments.

  • Must pass identical versions in both the House and Senate before receiving royal assent.

Components of Executive Power

• Formal Executive: The monarch through the Governor General plays a ceremonial role and signs legislation into law.

• Ground Executive:

  • Prime Minister and Cabinet formulate and administer public policies.

  • Govern through departments and agencies which implement policies (e.g., CRTC).

  • Law enforcement (police) also falls under this broad executive umbrella, as they enforce government legislation.

Accountability of the Executive

• How to Hold Accountable:

  • The Governor General can be replaced by the Prime Minister if necessary.

  • The Prime Minister and Cabinet can be held accountable through confidence votes or elections.

  • Ministers must answer for departmental actions, maintaining the support of the House.

• Judicial Review: Courts can challenge executive actions under the Charter of Rights and Freedoms, ensuring they adhere to legal standards.

Models of Understanding Legislation

• Rationalistic Model: Legislation addresses specific societal harms rationally.

• Functionalist Model: Laws reflect the consensus in society regarding what is acceptable behavior.

• Moral Entrepreneur Model: Laws can be influenced by individuals or entities pushing for change rather than existing social consensus.

Legislative Accountability Mechanisms

• Public and Political Advocacy: Protest and public support can influence government actions and policies, although these are informal mechanisms.

• Elections and the Charter: Mechanisms like elections and judicial checks ensure accountability for actions taken by both the legislature and the executive.