Canada's Parliamentary System

Components of Canada’s Parliament (Constitution Act, 1867)

  • Crown + Senate + House of Commons.

Calling an Election - Motions

  • Correct motion: To dissolve parliament.

  • Other incorrect motions:

    • To prorogue parliament.

    • To adjourn parliament.

    • To terminate parliament.

Canadian Political Institutions Structure

  • Figure 2.4 Overview:

    • Executive: Governor General advised by Prime Minister and Cabinet.

    • Legislature: PM and Cabinet sit in and are accountable to the House of Commons.

    • Judiciary: Courts interpret laws and can overturn executive actions and laws passed by Parliament.

The Queen's Role

  • The Queen serves as the Head of State in relation to the Upper House (Senate) and the House of Commons as stated in Section 17 of the Constitution Act, 1867.

Part 1: The House of,Commons

  • Key Concept: Responsible government

    • A government where the executive must maintain the confidence of the elected legislature.

    • Must call an election or resign if defeated on a vote of non-confidence.

    • Definition from Cochrane et al. (2020).

Features of Responsible Government

  • Cabinet holds both legislative and executive power, denoting a fusion of powers.

Conventions of Responsible Government

  1. The Crown acts only on advice from ministers.

  2. The Crown appoints only Members of Parliament (MPs) as ministers.

  3. Collective responsibility: all ministers share accountability for government decisions.

  4. The Crown appoints individuals who have the confidence of the House.

  5. A loss of confidence by the House necessitates a new ministry.

House of Commons Functions

  • Functions Identified:

    1. Legislative Function: The House of Commons enacts laws.

    2. Representative Function: Represents constituents' interests.

    3. Scrutiny Function: Holds government accountable.

    4. Reviewing Financial Decisions: Oversees expenditures and budgets.

Models of Representation

  • Types:

    • Trustee model

    • Delegate model

    • Party model

Composition of the House of Commons

  1. Elected through single-member districts.

  2. Composed of 343 members.

  3. Geographic representation is built into the single-member plurality system.

  4. Historical weakness in demographic representation, not institutionalized.

Roles in Parliament

  • Types of Members:

    • Cabinet Ministers: Chosen by the Prime Minister to serve in government.

    • Private Members: MPs not serving in the cabinet or as parliamentary secretaries.

    • Backbenchers: MPs who are part of the governing party but not in cabinet.

    • Opposition MPs: MPs from parties other than the governing party.

    • Official Opposition: The largest opposition party, known as "His Majesty's Loyal Opposition."

  • Speaker's Role:

    • Presiding officer enforcing rules and conventions of the House.

  • Other roles: House leaders manage parliamentary affairs, and Whips ensure party voting cohesion.

Key Events in the Parliamentary Session

  • Significant Moments:

    • Speech from the Throne: outlines government priorities.

    • Budget Presentation: government spending overview.

    • Main Estimates: annual spending plans.

    • All events trigger automatic votes of confidence.

  • Dissolution of Parliament: triggers an election and terminates existing bills lacking royal assent.

Party Dynamics in the House of Commons

  • Strong party discipline is prevalent in Canada.

  • Independent MPs are uncommon; low likelihood of election.

  • Ongoing discussion on the role of party discipline concerning democracy and representation.

Senate Overview

Function of the Senate

  • Compromise during Confederation aimed at:

    • Protecting minority interests and elite from mass public opinion.

    • Ensuring regional representation through designated numbers for each region.

    • Serving as a chamber for thoughtful legislative revision.

Powers of the Senate

  • Similar powers to the House of Commons.

  • Restrictions:

    • Money bills do not originate in the Senate.

    • Amendments cannot increase expenditure.

Composition of the Senate

  • Historically, appointments have been partisan rewards.

  • Trudeau initiated a shift to a non-partisan appointment process to mitigate partisanship.

Distribution of Senators by Region

  • Numbers:

    • 24 Senators from Maritime provinces, Quebec, Ontario, and Western provinces.

    • 6 from Newfoundland and Labrador, 1 each from Nunavut, Northwest Territories, and Yukon.

Senate Practice

  • Senators often fail to view their role as representing regions effectively.

  • Generally focused on technical bill improvements rather than legislation review.

  • Engages in social investigations missed by the Commons due to time restrictions.

Senate Reform Discussions

  • Ideologies surrounding reform:

    • NDP supports abolition due to perceived elitism.

    • Some advocate a "triple-E" Senate for equal representation.

    • Discussion on term limits and participation from provinces escalated in recent reforms.

Reforming the Senate during the Trudeau Era

  • Introduced two significant changes enhancing parliamentary dynamics without a constitutional amendment.

  • Increased bill amendment rates in parliament post-reforms.

Unresolved Senate Issues

  • Debate on the ideal reforms, function, representation models (elected/unelected).

Weaknesses of the Senate

  • Compared to other countries, Canada's Senate is unelected and can only minimally amend legislation.

  • Appointments often made along partisan lines, instigating calls for reform.

The Legislative Process in Canada

Types of Legislation

  • Varieties:

    • Public bills

    • Money bills

    • Private members' bills

    • Private bills

The Federal Legislative Process

  • Sequence of events from introduction in the House to Royal Assent from the Governor General.

  • Steps included:

    1. First Reading - introduction in both Houses.

    2. Second Reading - principal debate on the Bill.

    3. Committee Stage - detailed examination.

    4. Third Reading - final approval.

    5. Royal Assent - turning the Bill into law.

Committees in Parliament

  • Major legislative work occurs in smaller committees (standing vs. special).

  • Role: Develop expertise and facilitate governance supported by non-partisan staff.

Prospects for Reform

  • Empowering committees, enhancing private members' bills, and relaxing party discipline as reform considerations.

Midterm Test Review

  • Midterm Date: Monday, October 20th from 6 - 8 PM (Location: EX 200).

  • Items to Bring: TCard, pen, pencil, eraser.

  • Weight: 15% of final grade, covering content from weeks 1-6.

  • Format: 40 multiple-choice questions (70%) and 2 short answer questions selected from a list (30%).

Importance of Course Readings

  • Students should review key terms, introductory and concluding sections of readings, and identify overlaps with lecture content.

The Meech Lake and Charlottetown Accords

Context of Accords

  • Negotiated against the backdrop of Quebec's sovereignty and federal dynamics.

Meech Lake Accord (1987-1990)

  • Proposals included: Veto power for constitutional amendments affecting Quebec and recognition of Quebec as a distinct society.

  • Concerns over exclusion of Indigenous representation in discussions.

Charlottetown Accord (1992)

  • Focused on recognizing Quebec, establishing a "Triple-E" Senate, and Indigenous self-governance provisions, ultimately rejected in a referendum.

Intergovernmental Relations in Canada

  • Relationships between various levels of government and negotiations among provinces and between provinces and the federal government.