Is the Canadian Model of Democracy Different?

How are We Different? How Different are We? Part 1: Introduction Part 2: The Structure of Government Part 3: Public Policy

Political Institutions -- The Structure of Government MAIN QUESTIONS: – Are the political institutions of Canada and the United States structured differently so that it appears that they were modeled on fundamentally different models of democracy? – Do the political institutions of Canada and the United States differ in ways that would lead us to expect differences in public policy?

Political Institutions -- The Structure of Government the Constitution the judiciary the legislature the executive federalism mechanisms of popular representation

Constitutional Rights January 21

Themes of the Constitutional Orders American Constitution... – life, liberty and the pursuit of happiness (Declaration of Independence) – Bill of Rights Canadian Constitution... – peace, order and good government (s.91 Constitution Act) – parliamentary sovereignty

Models of Democracy Limited Gov’t General Welfare High Mass Participation Low Mass Participation Life, Liberty and the Pursuit of Happiness Peace, Order and Good Government

Democracy: Where’s the Canadian Political System? Individual Rights/Limited Gov’t General Welfare High Mass Participation Low Mass Participation Canada

The Canadian Charter of Rights and Freedoms (1982) fundamental freedoms democratic rights legal rights equality rights minority language education rights mobility rights

American Civil Liberties -- What Are They? TYPES OF CIVIL LIBERTIES – FUNDAMENTAL FREEDOMS “Congress shall make no law...” –freedom of conscience –freedom of expression – LEGAL RIGHTS DUE PROCESS –against unreasonable search and seizure –against self-incrimination vs. Civil Rights – adhere to individuals (civil liberties) rather than groups (civil rights) – negative vs. positive freedom

Type of RightCanadaUnited States Fundamental Freedoms Yes Democratic Rights Yes Legal RightsYes Equality RightsYes Language Rights YesNo Mobility RightsYesNo Bear ArmsNoYes (disputed) PropertyNoYes

Limits on the Canadian Charter of Rights and Freedoms Section 1: reasonable limits – comparable limits on the American Bill of Rights?

Limits on the Canadian Charter of Rights and Freedoms Section 33: Notwithstanding Clause – comparable limits on the American Bill of Rights? No! – application does not apply to democratic rights, mobility rights, minority language education rights

Limits on the Canadian Charter of Rights and Freedoms Section 33: Notwithstanding Clause – usage very difficult to use politically “notwithstanding” raises caution flags – examples of use Quebec blanket use Saskatchewan nurses’ strike

Legalized Politics -- The Implications positive aspects of legalized politics – offers access – not based on popular opinion negative aspects of legalized politics – style of politics adversarial not prone to compromise – atomizing people define themselves as individuals rather than members of community/society