Legislative Process September 13, 2007

The Legislative Branch of Government The Legislative Branch of Government Section 17 of the Constitution Act created the Parliament of Canada consisting of : Section 17 of the Constitution Act created the Parliament of Canada consisting of : “the Queen “the Queen An Upper House styled the Senate and An Upper House styled the Senate and The House of Commons” The House of Commons”

Legislative Branch Looks Like This

The Queen: Head of State Rules of Heredity, rules about religion (see O’Donohue v. the Queen Rules of Heredity, rules about religion (see O’Donohue v. the Queen Most powers exercised by Governor General or, Lieutenant-Governor appointed Most powers exercised by Governor General or, Lieutenant-Governor appointed

The Senate Unelected Unelected Senators appointed by the governor general as advised by PM Senators appointed by the governor general as advised by PM Can hold office to 75 years Can hold office to 75 years Fixed number of senators Fixed number of senators Effect of lengthy term of office of government Effect of lengthy term of office of government Theoretically protect regional interests Theoretically protect regional interests

Senate Reform Many proposals (unsuccessful so far)(See Brown v. Alberta; Samson v. A-G Canada) Many proposals (unsuccessful so far)(See Brown v. Alberta; Samson v. A-G Canada) Charlottetown Accord 1992 Charlottetown Accord 1992 Provincial government attempts at control eg Alberta Senatorial Selection Act Provincial government attempts at control eg Alberta Senatorial Selection Act Harper government proposal to limit tenure of new senators to 8 years Harper government proposal to limit tenure of new senators to 8 years

House of Commons Members elected, one person per constituency, currently 308 Members elected, one person per constituency, currently 308 Periodic redistribution of boundaries Periodic redistribution of boundaries Electoral system, “first past the post” Electoral system, “first past the post” Individual may run as independent or under the banner of a political party Individual may run as independent or under the banner of a political party

After an Election…. Anyone elected has a seat in House of Commons and votes on Bills (draft legislation) Anyone elected has a seat in House of Commons and votes on Bills (draft legislation) Party with most elected becomes governing party Party with most elected becomes governing party Leader of governing party is PM Leader of governing party is PM Second highest party is “Official Opposition” Second highest party is “Official Opposition”

Political Parties Major parties and minor parties Major parties and minor parties Benefits for registered parties (see Figuero v Canada) Benefits for registered parties (see Figuero v Canada) Benefits for official party status after an election Benefits for official party status after an election Vote from one’s conscience or en bloc Vote from one’s conscience or en bloc Party discipline a benefit or are backbenchers merely “trained seals? Party discipline a benefit or are backbenchers merely “trained seals?

What is the role of the Courts ?

Divide into 8 groups of 4 or 5 students 1. What was the issue? 1. What was the issue? 2. Did the Court find the issue could/should be decided by the Court? 2. Did the Court find the issue could/should be decided by the Court? 3. If not, why not? 3. If not, why not? 4. If yes, what did the Court decide? 4. If yes, what did the Court decide? 5. What does the outcome say about Canadian democracy? 5. What does the outcome say about Canadian democracy?