The Role of Parliament in Canada

D Brown Pols 220

St Francis Xavier University January 2010

Overview of Key Points• Understanding the Structure

– Crown/Commons/Senate– Responsible Government Principles

• Understanding the Process– Legislative process– Accountability process

• Significant Issues– Majority vs Minority parliament– Democratic Deficit– Proposals for reform

Parliament of Canada

• Crown

• House of Commons

• Senate

Role of the Crown

• Opens Parliament (Speech from the Throne)

• Formally Appoints Prime Minister, Cabinet

• Gives assent to Bills

• Prorogues Parliament

• Consents to dissolving Parliament and calling elections

House of Commons: Key Features

• First-Past-the-Post Electoral System• Some provinces over-represented

(Senate floor provision)• Rural districts tend to have smaller

number of electors • Party discipline is very strict• Gradual adoption of stronger

committee roles

Basics of Responsible Government

• The idea that the Executive is accountable to the Legislature.

• Convention that Government (PM and cabinet) must have the confidence of a majority in the House of Commons.

• Loss of confidence means government must resign or ask Gov-Gen to call an election.

Consequences of Responsible Government

(Jennifer Smith)

1. House of Commons (but also Senate) divides between Government and Opposition (an adversarial relationship)

2. Parliament decides on bills and other business by simple majority of those present.

3. Bills for taxing and spending can only originate in the House of Commons, and only be proposed by Government Ministers.

Majority vs Minority

• Majority…where Government party has 50% or more of seats in House of Commons.

• Minority…where Government party has a plurality of seats only.

• Confidence votes, and most other business, pass almost automatically in majority House.

• Minority House: depends on relations between parties, and outcomes much less certain.

Current Commons Representation By Region

Atlantic NS 11, NB 10,

PEI 4, NL 7 32

Ontario 106

Quebec 75

Man & Sask 14 + 14 28

Alberta 28

B. C. 36

Territories

TOTAL

3

308

Current Party Standings –House of Commons

• Conservatives 145

• Liberals 77

• Bloc québécois 48

• NDP 37

• Independent 1

• TOTAL 308

Functions of the House of Commons

• Debate and passage of bills • Voting of “supply” (funds) to maintain

government• Holding the executive accountable for its

actions• Detailed discussion of public issues in

committees• (Opposition): providing a feasible

alternative to the Government

Ideas for House of Commons Reform

• Looser Party Discipline:– clearer rules re confidence votes– more free votes– greater role for caucus (as they do in Alberta)

• Bigger Role for Committees• Electoral Reform -- e.g.: Proportional

Representation • Other Representation reform

– gender parity– Stricter rep-by-pop by province

Harper Government’s bill to reform provincial representation in the Commons

• Constitution Act, 2007 (Democratic Representation):– Continues practice of reapportioning seats after each

10-year census– There has been a “floor” to each province’s

representation since 1915, based on Senate number– In 1985 a “ceiling” on total numbers was imposed– New rules would lift ceiling a bit to allow seat

allocation according to “rep-by-pop” in Alberta and BC, and closer to “rep-by-pop” in Ontario

Seat allocation in Commons by Province

• Current allocationAtlantic 32Quebec 75Ontario 106Man & Sk 28Alberta 28BC 36Territories 3Total 308

• ProposedAtlantic 32Quebec 75Ontario 116Man & Sk 28Alberta 33BC 43Territories 3Total 330

Senate

• Its original purpose was as to represent regional and property interests

• Its regional allocation and democratic legitimacy are now questioned

• Much debate but no progress on reform of functions, allocation, selection

• Core function: sober second thought• Occasional flexing of muscle: in law it is almost

as powerful as Commons; in practice it is not

Functions of the Senate

• Debate and passage of bills• Debate and passage of supply (of bills that

originate in House of Commons)• Somewhat more detailed scrutiny of bills• Committees review public policy• Not a house of confidence, and therefore

not part of responsible government principle

• Potentially less partisan.

Current Senate Representation By Region

Atlantic 10 + 10 + 4 + 6 = 30

Quebec 24

Ontario 24

West 6 + 6+ 6+ 6 = 24

Territories 1 + 1 + 1 = 3

Total 105

Current Party Standings-- Senate

• Liberals 49

• Conservatives 46

• PC 2

• Indep/Other 4

• Vacant 5

• TOTAL 105

Ideas for Senate Reform

• Abolish• Triple E proposal – elected, equal (per

province), effective• Charlottetown Accord

– – elected by people, or named by provincial legislatures

– -- 6 seats for every province, 1 for each Terr., plus Aboriginal seats (to be determined)

– Somewhat reduced powers

Harper Government’s Senate reform bills

• Bill S-4: providing for appointment only after consultative elections

• Bill S-6: appointed only for a single limited term of eight years

• Current Senators would be “grandfathered”

Australian Senate

• Elected for six year terms on the basis on state-wide proportional representation

• Each State gets 12 Senators

• Legislative powers nearly identical to those of the lower house (House of Representatives)

• But party discipline still important, regional politics less dominant

Australian Party Standings 2008

• House of Representatives– ALP 83– Liberal

55– National 9– Independent 3

• Total 150

• Senate– ALP 32– Liberal 32– Green 5– National 4– Other 3

• Total 76