Government & Law The 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

Queen of Canada

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

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? www5.kcn.ne.jp

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)

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