1. The Constitution and Government
CLN4U

2. Parliamentary Democracy
Canada is governed as a parliamentary democracy.
Based on British model (Westminster Parliament)
Government elected through a general election (at least every 5 years)
Party with the most seats forms the government – NOT majority
Leader becomes Prime Minister
Prime Minster chooses Cabinet

3. Parliamentary Democracy
Head of State is the Queen, represented by GG.
Head of Government is Prime Minister
Canada’s system is heavily dependent on custom – many of the details are written nowhere but in records of past events

4. Branches of Government
Legislative
Executive
Judicial

5. The Legislative Branch
main purpose is to make law
the only body that can approve or reject laws
comprised of all members:
elected to House of Commons
appointed to the Senate
Federally: House of Commons + Senate = Parliament

6. The Legislative Branch
House of Commons
Provincially: Legislative Assembly (no senate)
Quebec: National Assembly
Newfoundland & Labrador: House of Assembly
Representation by population
Senate
Provides a check on laws passed by House
Senate must approve a bill put forward by the House in order for it to become law
Seats assigned on regional basis

7. The Legislative Branch
Issues:
The Senate is an unelected body with veto power over democratically elected representatives
Senate is appointed by PM – can regional interests be overruled by political partisanship?

8. The Executive Branch responsible for ongoing operations of gov’t
recommends bills to legislative branch
implements the laws that are passed
at the federal level, comprised of: PM
Cabinet
Governor General (figurehead)
at the provincial level, comprised of:
Premier
Lieutenant Governor

9. The Executive Branch
The Civil Service works hand in hand with the Executive Branch
Civil service administers gov’t functions
Deputy Ministers present policy recommendations to Cabinet Ministers

10. The Judicial Branch acts as independent third party clarifies the law
Principle of non-interference from other branches
Based on Rule of Law
Gov’t must follow the law it makes
The law applies equally to all – no-one is exempt
No action can be taken unless authorized by law
Gov’t actions can be challenged if they are perceived to violate the rule of law

11. The Judicial Branch
The Constitution grants authority to the provinces and territories over the main elements of the legal system: the courts and the police
However, the federal gov’t does make appointments to the courts.

12. Provincial Courts Courts of First Appearance Superior Trial Courts
Ex: Ontario Court of Justice
Mostly Criminal cases (very few civil)
No jury trials
Judges appointed by provincial gov’t
Superior Trial Courts
Ex: Superior Court of Justice
Hear virtually all civil cases
Hear Criminal cases of the most serious nature (ie murder)
Justices appointed by federal gov’t
Courts of Appeal
Ex: Ontario Court of Appeal
Highest provincial/territorial court
Panels of three justices sit to hear cases

13. Federal Courts Federal Courts Supreme Court of Canada
Specialized courts dealing with specific legal issues
Travel as needed to hear cases
Ex: Tax Court of Canada, Courts Martial
Supreme Court of Canada
The final Court of Appeal
Comprised of 9 justices
Justices appointed by PM
Three justices are always from Quebec