1. The Role of Parliament in Canada D Brown Pols 220 St Francis Xavier University January 2010

2. 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

3. Parliament of Canada Crown House of Commons Senate

4. 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

5. 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

6. 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.

7. 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.

8. 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.

9. Current Commons Representation By Region Atlantic NS 11, NB 10, PEI 4, NL 7 32 Ontario 106 Quebec 75 Man & Sask14 + 14 28 Alberta 28 B. C. 36 Territories TOTAL 3 308

10. Current Party Standings – House of Commons Conservatives145 Liberals 77 Bloc québécois 48 NDP 37 Independent 1 TOTAL308

11. 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

12. 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

13. 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

14. Seat allocation in Commons by Province Current allocation Atlantic 32 Quebec 75 Ontario106 Man & Sk 28 Alberta 28 BC 36 Territories 3 Total 308 Proposed Atlantic 32 Quebec 75 Ontario116 Man & Sk 28 Alberta 33 BC 43 Territories 3 Total 330

15. 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

16. 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.

17. Current Senate Representation By Region Atlantic10 + 10 + 4 + 6 = 30 Quebec 24 Ontario 24 West6 + 6+ 6+ 6 = 24 Territories1 + 1 + 1 = 3 Total 105

18. Current Party Standings-- Senate Liberals 49 Conservatives 46 PC 2 Indep/Other 4 Vacant 5 TOTAL105

19. 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

20. 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”

21. 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

23. Australian Party Standings 2008 House of Representatives –ALP 83 –Liberal55 –National 9 –Independent 3 Total150 Senate –ALP 32 –Liberal 32 –Green 5 –National 4 –Other 3 Total 76