Government & LawThe Structure of Canada’s Government
What is Government?
• Formal system of decision making
• Govt acts according to established rules and procedures – traditions
• Institutions carry out govt’s work
Foundations of Our Government
• First Nations– Hereditary title– Elected leaders– Community leadership– Oral traditions
• European Roots of Canadian system– British parliamentary tradition basis for federal &
provincial governments• Representative democracy• Constitutional monarchy
Parliament Hill
www.arrakeen.ch/
Queen of Canada
http://en.wikipedia.org
Representative democracy
• Democracy – rule by the people
• Greek – direct - eligible citizens vote o all decisions affecting society
• Representative – elected representatives make decisions on our behalf
Constitutional Monarchy
• Monarch as Head of State
• Queen Elizabeth II is Queen of Canada
• Governor General is Monarch’s representative in Canada
• QEII does not actually rule Canada but safeguards democracy
• Laws cannot be ignored
http://collections.ic.gc.ca
Written Constitution
• 1867 British North America Act (BNA)• Amended in 1982
– Powers of provincial legislatures & Parliament– Charter of Rights and Freedoms– An amending formula (7/10 >50% population)
• Unwritten constitution– Rules & practices that are not written but are based
on 1000 years of parliamentary tradition inherited from Britain e.g.: no mention of political parties in the Constitution but important part of our system
Federal System
• An organization of regional governments (provinces) acting on behalf of its own residents with a central govt responsible for matters of the nation as a whole – federalism
• Federal e.g.:– Citizenship– Defense– Currency– Residual powers – new areas that did not exist then
• Provincial e.g.:– Education– Health care
• Shared e.g.:– Agriculture– Environment
Municipal Government
• Local, municipal provides essential services such as– Garbage collection– Sewage treatment– Fire protection– Policing– Water supply– Establishment of schools
What level of govt?
www.canadabay.nsw.gov.auwww.forces.gc.ca/
www5.kcn.ne.jpwww.radio-canada.ca/
Parliamentary System
• Executive– Power to make decisions and administer
through civil service
• Legislative– Power to make laws
• Judicial– Power to interpret and administer the law– Carried out by judiciary (judges & courts)
The Federal Government
• Legislative Branch – comprised of
• Governor General• House of Commons• Senate
– Parliament must meet once a year (session)– Passes, amends, repeals laws – debates– Question periods
House of Commons
• Elected Members of Parliament (MPs)• Elections every 5 years• Canada divided into ridings (constituencies of
approx 100,000 people each)• Population decides number of seats• Speaker of the House controls debates• Members sit with parties• Ruling party on one side; opposition on other• Opposition scrutinizes actions of govt
House of Commons (Lower House)
www.craigmarlatt.com
How do MPs vote?
• Elected representatives of each party hold private meetings called caucus
• Discuss, argue freely• Leader explains party policy, programmes,
actions• Once decision is made, tradition holds that
members will vote in favour of party’s position• Free vote – allows members to vote according to
what they believe is best
The Senate (Upper House)
• Independent of House of Commons
• Appoints own Speaker
• Governor General appoints Senators on recommendation of PM– Canadian citizens– At least 30 years old– Living in province they represent– Own at least $4000 worth of property
The Senate (Upper House)
• Main role to provide final check on legislation passed in Lower House
• Senate may also introduce bills
• Regional representation – by population
• Appointments based on patronage– Some believe Senate represents upper
income groups and party interests
The Executive Branch
• Consists of– Governor general– Prime Minister– Cabinet– Civil Service
• Governor General– Monarch’s representative– Gives formal assent to bill before it becomes law– Ceremonial function– Advisor to the govt
The Prime Minister
• Leader of party with most elected members of the House of Commons is invited to become Prime Minister by Governor General
• Head of Government– Ask Gov Gen to name new judges– Best time to ask Gov Gen to call election– Chooses & shuffles Cabinet– Addresses Canadians on issues of national concern– Explains goals of ruling party (party leader)– Represents Canada internationally– Works with Premiers– Patronage appointments – Senate, diplomatic corps
The Cabinet
• Elected party members chosen by PM• Each cabinet minister is responsible for a
particular govt dept• Reflects nation
– Gender– Ethnicity– Cultural, social and linguistic diversity
• Free opinions in Cabinet meetings but Cabinet Solidarity publicly (party whip to ensure solidarity and attendance for voting)
The Public Service• Civil service/bureaucracy• Permanent employees doing govt business• The face of govt• Duties
– Gather stats– Write details for new laws– Represent Canada abroad– Carry out laws– Collect taxes– Monitor imports & exports– Process passports– Deliver mail– Advise ministers– Draft laws
How a Bill Becomes Law
Provincial/Territorial Governments
• 3 branches– Executive– Legislative– Judicial
• Premier is leader of government• Lieutenant Governor represents Monarch• One house (Legislature; National
Assembly in Quebec)– MLA or MPP
Education
• Provincial curriculum
• Local School Boards
• Regulate teachers
Environment
• Policies and laws about how resources are managed
• Balance current demand plus future use – sustainability
Health Care & Social Welfare
• Shared with federal govt• How to provide care• Hospitals, testing, long term care• Aging population
– Require more health services– Preventative care– 2 tier?
• Social welfare– Disabled– Single mothers
Transportation
• Urban transit
• Develop railways, ports, highways and airports
Negotiating with the Federal Govt
• Equalization and transfer payments
• Work constantly to redefine balance of power
• Disputes resolved through Supreme Court of Canada
Local Governments
• Town council
• Elected officials - councillors
• Leader – Mayor
• Bylaws
Aboriginal Self-Government
• Band councils or elders
• Leader – Chief
• Negotiate with Federal and Provincial govt
http://www.kib.ca/chief.htm