Parliamentary Government Overview

Parliamentary Government

• Representative Democracy: MPs are elected to represent specific electoral districts (ridings), reflecting population distribution. Government MPs support the government; opposition MPs belong to opposition parties, with the largest being the Official Opposition. The Opposition Leader has special privileges in the House and must be consulted on key appointments and critical matters.

• Conventions: Enforced by public opinion and political behavior, not the courts.

• Responsible Government:

  • Executive power is fused with the legislative power through a cabinet accountable to an elected assembly. Ensures executive actions are responsible to the legislative body.
  • Established in Nova Scotia in 1848 and fully implemented by Confederation in 1867.
  • The Crown delegates executive power to ministers who are also MPs, making them answerable to the House of Commons.
  • Collective Responsibility: All ministers share responsibility for cabinet decisions. Ministers must support the Cabinet's decisions publicly.
  • Confidence Principle: The ministry must maintain the confidence of the House of Commons. Loss of confidence necessitates resignation or a request for new elections.
  • This system makes the executive accountable to the people's representatives.

• Party Discipline:

  • Increased party discipline led to more stable governments by ensuring enough votes for cabinet and passed legislation.
  • Parties act as teams, where elections are based on party affiliation, not on the merits of an individual.
  • This has advantages, creating predictability and accountability, but also disadvantages like reduced individual representation in the legislature.

• Role of the Governor General:

  • The Governor General represents the King (Head of State). Appointed on the advice of the prime minister.
  • Formal constitutional powers (signing legislation, delivering speeches, meeting with dignitaries).
  • Their actions are guided by the convention of acting on the advice of ministers who are members of the elected House of Commons.
  • They can use reserve powers in certain situations (e.g., if the prime minister refuses to step down).

• Executive/Cabinet vs. Legislative Functions:

  • HOC Functions: Legitimation (making laws), accountability (scrutinizing government), and representation (acting on constituents' concerns).
  • Executive/Cabinet Functions: Executing/administering policy and making important decisions.

• Theories of Representation: Cabinet appointments are often considered with regards to representation of provinces, religions, genders, and other identities.

• Majority vs. Minority Government:

  • Majority government has the support of over half of the House, making it possible to exercise greater control.
  • Minority government is formed with less than half the House, leading to more moderation and compromises for support.

• Confidence: The government needs the confidence of the House of Commons. Loss of confidence necessitates resignation or new elections.

• Cabinet Selection Norms: The Crown’s Privy Council appoints advisors to the Governor General. Crucially, these appointments will be made on the advice of the prime minister.

• Collective Ministerial Responsibility: Cabinet acts as a team, and ministers must support all Cabinet decisions or resign. Meetings need to be confidential.

• Individual Ministerial Responsibility: Ministers are individually responsible for their actions and must resign if they make mistakes.

• Prime Ministerial Control of Government:

  • Prime Ministerial power is deeply tied to constitutional conventions, with significant influence over cabinet appointments.
  • The PM must cultivate cabinet consensus, serve as their spokesperson, and advise the GG on elections and key appointments.
  • Overall strength depends on party unity and public popularity. The PMO provides partisan advice, and the PCO provides non-partisan support.

• Bicameralism:

  • Power sharing between two chambers (House of Commons and Senate).
  • HOC represents Canadian citizens based on their populations, while the Senate represents the provinces.
  • Though bicameral, the House of Commons holds more sway due to where the executive arises from.

Federalism

• Federalism Definition: Division of powers between central and regional governments. Both derive authority from the constitution and are subordinate to it.

• Why in Canada?

  • Central Canada favoured a unitary system.
  • Lower Canada and Maritime colonies preferred provincial autonomy.

-Division of Powers (Sections 91 & 92): - Section 91: Federal government's jurisdiction (e.g., trade, criminal law, taxation). - Section 92: Provincial governments’ jurisdiction (e.g., local matters, property, civil rights).

• Residual Power: Any power not explicitly assigned to the provinces inherently belongs to the federal government (peace, order, and good government).

• Concurrent Jurisdiction: Federal and provincial governments share jurisdiction over areas like agriculture and immigration, with federal law prevailing in conflicts.

• Disallowance and Reservation Power:

  • Disallowance: Federal government can overturn provincial legislation.
  • Reservation: Lieutenant-Governors can block provincial bills for review by the federal government.

• Federal Spending Power: The federal government influences areas of provincial jurisdiction through funding (conditional and unconditional grants) for healthcare, education, and social services.

• Centralization vs. Decentralization:

  • Founders aimed for centralization, but Canada now has decentralized federalism due to various factors including public demand and constitutional disputes.

• Periods of Federalism:

• Quasi-federalism (1867-96): Federal government wielded significant power.

• Classical federalism (1896-1914): Balance of power shifted.

• Emergency federalism (1914-60): Federal power expanded due to war and economic crises with higher levels of centralization support (e.g., welfare).

• “Cooperative” federalism (1960-95): Provinces gained more authority, cooperation between levels of governments.

• “Collaborative”/“Open” federalism (1995-present): Increased provincial discretion in spending, prime ministers play significant roles in managing relations.

• Fiscal Federalism: Balancing financial responsibilities and jurisdictions between levels of government. Budget allocation is crucial for the operation of federal systems.

• Executive Federalism: Premier & PM cooperation on delivery of services and public policy. Critics argue it's secretive and undemocratic.

Charter and Judiciary

• Constitutionalism: Constitution is supreme; government is subordinate to it.

• Charter of Rights: CA 1982 added a constitutionally entrenched Charter of Rights with the goal of protecting minorities.

• Judicial Roles: Interpretation and application of the Charter.

• Parliamentary vs. Judicial Supremacy:

  • Parliamentary Supremacy: Parliament has final say in law interpretation.
  • Constitutional Supremacy: Constitution is supreme, subject to judicial interpretation.

• Judicial Independence:

  • Key for liberal societies. Judges are safeguarded from political interference through lifetime tenure, fixed salaries, and administrative independence.

• Liberal Rights in Charter: Fundamental freedoms, democratic rights, legal rights, equality rights, official languages, and mobility rights.

• Notwithstanding Clause (Section 33): Provides temporary override of Charter rights in certain cases (e.g., Quebec’s Bill 101). Legislation must be passed with explicit intent for override. Time-limited to 5 years.

• Reasonable Limits Clause (Section 1): Rights can be limited by justifiable laws in a free and democratic society.

• Oakes Test: A constitutional test used to evaluate whether limits on Charter rights are justifiable.

• Reference Cases:

  • R v. Oakes (1986): Landmark case on determining the proportionality of limits on Charter rights.

Regionalism

• Dimensions of Regionalism: Economic and identity differences between areas.

-Causes of Regionalism: Expansive geography, unequal population distribution, economic disparities, distinct regional identities, and federalism.

• Relationship to Federalism: Conflicts over jurisdiction and influence on federalism.

Plural Identities

• Identity Politics: Political demands based on group identities (e.g., Indigenous peoples, visible minorities, French-speaking Quebecois).

• Royal Proclamation of 1763: Recognized Indigenous land ownership and rights, crucial for establishing relationships among Indigenous peoples and the Crown.

• Treaties: Often resulted in trade-offs for Indigenous lands. Modern treaties are attempts to address historical injustices.

• Indian Act, 1876: Sought to regulate Indigenous peoples.

• Quebec's Regional Sentiment: Quebec's distinct identity and language are often high points of conflict in Canadian politics.

• The Quebec Question: Questions of Quebec's role in Canada, demands for greater distinctiveness, options for separation/independence, and special recognition.

• Visible Minorities and Immigration Policy: Impact of visible minorities in Canadian society, Canada has historically had racist immigration policies, now seeks diversity and representation.

• Multiculturalism: Embraces diversity in Canada’s society to retain culture and heritage.

Competing Liberalisms

• Political Culture: Sets the boundaries and range of ideologies tolerated in a society.

• Liberalism Types: Social democracy (state intervention), welfare state liberalism, business/neoliberalism (less state intervention), and neo-conservatism (more socially conservative).

• Major Federal Parties: Ideological differences exist between the NDP (left), Liberals (centre), Conservatives (right).

• Brokerage vs. Ideological Parties: Brokerage parties seek broad appeal, while ideological parties adhere to specific ideologies.

Prorogation Crisis

• Prorogation: Postponing parliament without dissolving it.

• Motion of Non-Confidence: Addressing lack of trust in the government.

• Coalition Government: Formal sharing of the cabinet.

• Reserve Powers of the GG: GG can exercise powers in certain circumstances.

• Democratic Legitimacy concern: Concern about democratic process when the GG intervenes.

• Options to Enhance GG "soft power": Ways for the GG to build influence without overstepping their authority.

Quebec Nationalism

• Federalists vs. Nationalists: Supporters of the current federation versus those seeking more autonomy or separation.

• Quebec Nationalism: Focuses on Quebec’s unique identity and political system.

• “Night of the Long Knives”: Constitutional changes affecting Quebec without its support.

• Meech Lake Accord: Failed agreement intended to address Quebec’s concerns concerning recognition of Quebec as a distinct society.

• Charlottetown Accord: Attempt to build upon the Meech Lake Accord.

• Clarity Act (2000): Defines when a clear mandate for separation exists.

• Asymmetrical Federalism: Federalism in which provinces have different levels of powers.