1. Parliamentary Government in Canada Douglas Brown October 2009 St FX Pols 100.13

2. Parliamentary Government: Outline The Canadian Constitutional Regime The Role of the Crown Representative and Responsible Government The Electoral System The Cabinet The Prime Minister

3. Canada’s Constitutional Regime Principles (Supreme Court, 1998): –Federalism –Democracy –Constitutionalism and the Rule of Law –Protection of Minorities Institutions –Parliament –Federal System of Governments –Charter of Rights and Freedoms

4. Parliamentary Government -- Basics Legislative: “The Queen in Parliament” –Governor-General (or Lt-Gov) –Senate –House of Commons Executive: Queen’s Privy Council –Prime Minister and Cabinet, responsible to Parliament Judiciary: –Integrated federal and provincial courts

5. Role of the Crown…1 Important Historic and Personal Link to British Royal Family Ceremonial Powers of Head of State Reserve Powers (very rarely if ever used) –Appointing a Prime Minister if there is doubt –Calling an election (dissolving Parliament) if there is doubt

6. Role of the Crown…2 Power exercised by the elected and appointed Executive in the name and in the form of the Crown –Power to make appointments –Responsibility to enter into and abide by treaties (including with Aboriginal Peoples) –Both Federal and Provincial executives exercise Crown Prerogatives –“Crown” can extend participation in government indefinitely

7. Senate Its original purpose to be a house of regional and property interests Its regional allocation and democratic legitimacy now questioned Much debate but no progress on reform of functions, allocation, selection Core function: sober second thought In law it is almost as powerful as Commons; in practice it is not (usually)

8. Functions of the Senate Debate and passage of bills Debate and passage of supply Somewhat more detailed scrutiny of bills Committees review public policy

9. 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

10. Current Party Standings-- Senate Liberals 58 Conservatives 21 PC 3 Indep. NDP 1 Indep 5 Vacant 17 TOTAL105

11. 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

12. House of Commons 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 still very strict Gradual adoption of stronger committee roles

13. 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

14. Current Party Standings – House of Commons Conservatives143 Liberals 76 Bloc québécois 50 NDP 37 Independent 2 TOTAL308

15. 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

16. 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

17. Cabinet Government in Canada What Cabinet Ministers Do: –Collective Responsibility –Heads of Departments / Portfolios –Represent their Region, Language or Ethnic Group, Economic Interest, Gender, etc. –Consensus Decision-Making –Committee Structure

18. The Prime Minister’s Role “Prime Inter Pares”…or more than that? Leader of Party, leader of election campaign Appoints cabinet Articulates cabinet consensus Power of patronage Head of Government (PCO, PMO) –Appoints Deputy Ministers

19. The Problem of Increasing PM Power Increasing concentration of Prime Ministerial power due to: –national unity, fiscal crisis concerns –global leadership requirements –media focus on leaders –growth of PCO/PMO power Outcomes: –decline in Cabinet as decision-maker –Reduced access to government –Excess emphasis on leader’s image and personality

20. Parliamentary Government at Two Levels Provinces and Territories have nearly identical structure, except: –No longer any upper houses (no Senates) –Quebec has its own Charter of Rights (also bound by Canadian Charter –No parties in Nunavut legislature –Some provinces have tried to adopt new electoral systems, without success