Responsible Government & Fusion of Powers

Responsible Government

• Responsible government is when the executive branch (Cabinet) answers to the elected legislature and must keep its confidence
• This principle addresses colonial demands and is key to Canadian governance
• Lord Durham’s 1839 Report recommended it after the 1837 rebellions in Upper and Lower Canada
• The Act of Union in 1840 then merged Upper and Lower Canada into a single colony
• The Crown uses power only on the advice of ministers
• The Crown appoints Members of Parliament (MPs) as ministers
• Each minister is responsible for all cabinet decisions
• The Crown appoints those with the House's confidence
• It ensures democratic accountability and prevents unchecked executive power

Fusion of Powers

• The Westminster system combines executive and legislative powers, unlike the separation in the U.S. system
• Cabinet ministers are part of both the executive and the legislature (Parliament), so the Prime Minister and Cabinet govern and legislate
• This fusion strengthens executive control and makes it difficult for Parliament to challenge the government if it has a majority
• Executive power rests with the Prime Minister and Cabinet, though technically it is held by the Crown
• Legislative power is held by Ministers that are also MPs, so the executive governs from within the legislature
• The Cabinet governs in the Crown's name, which reinforces executive dominance over the legislature and Governor General
• The Prime Minister and Cabinet controlling the legislative agenda challenges parliamentary supremacy

Federalism

• Federalism divides power between a central (federal) government and regional (provincial) governments
• It was a compromise between Macdonald's desire for a strong central government and Cartier's push for provincial autonomy (especially for Quebec)
• It was originally centralized, but decentralization occurred due to court rulings and regional demands
• Fiscal federalism is now a key part of Canada with the federal government transferring funds to provinces (equalization payments)

Confederation

• Confederation unified British North American colonies into Canada on July 1, 1867 through the British North America (BNA) Act of 1867, now the Constitution Act of 1867
• The Act created a federal system, splitting powers between the federal government and provinces
• Economic, political, and military concerns (U.S. expansion threats, trade issues) drove confederation
• Macdonald wanted a strong central government, while Cartier wanted provincial autonomy, leading to a federal compromise
• Ontario, Quebec, New Brunswick, and Nova Scotia were the original members, with other provinces later joining

Judicial Independence

• Judicial independence ensures courts are free from political interference, for fair rulings
• Judicial independence protects the rule of law and ensures government actions are legally accountable
• Judges are appointed (not elected), and cannot be arbitrarily removed
• The Charter of Rights and Freedoms (1982) expanded judicial independence and allowed courts to strike down unconstitutional laws
• Until 1949, the Judicial Committee of the Privy Council (JCPC) was Canada’s highest court and it often ruled for provincial power
• The Supreme Court of Canada is the final legal authority now shaping constitutional law through decisions

Royal Proclamation 1763

• The Crown issued it and it established British rule in Quebec and recognized Indigenous land rights, requiring treaties for settlement
• It is foundational in modern treaty rights, and it shapes Indigenous land claims
• It established British governance in Quebec, later modified by the Québec Act (1774)
• It rejected terra nullius and affirmed Indigenous land occupation

The Canadian Constitution

• The Constitution provides a legal framework for Canada's government
• It outlines political institutions, power divisions, and citizen rights
• The Constitution includes written and unwritten elements
• It establishes Canadian democracy, determines power distribution between federal and provincial governments, and the Constitution Act of 1982 made Canada independent from Britain
• The Constitution Act of 1982 added the Charter of Rights and Freedoms
• The Constitution Act of 1867 (formerly BNA Act) created Canada's federal system
• Conventions, judicial precedents, and political customs are unwritten components
• Amending is difficult because of the rigid amending formula

Constitutional Convention

• Constitutional conventions are unwritten but binding rules guiding government operations
• They ensure the parliamentary system runs smoothly without legal enforcement and allows the Constitution to be adaptable
• Examples: Governor General following the Prime Minister’s advice, Prime Minister and Cabinet maintaining confidence in the House, and Supreme Court justices being traditionally appointed with regional representation
• Conventions are not legally enforceable, but breaking them can cause political crises
• Courts recognize but do not enforce conventions

Mega-Constitutional Politics

• Mega-constitutional politics are large-scale constitutional debates and reforms about national unity and federalism
• These debates have shaped Canada's federal structure and relations between Quebec, Indigenous peoples, and other provinces
• They have created lasting divisions and political struggles
• Governments now prefer intergovernmental agreements over amendments due to political resistance.
• Since the 1990’s constitutional reform has stopped with formal amendments and political resistance

Constitutional Amending Formula

• The Constitution Act of 1982 contains rules for changing the Constitution
• This ensures stability but makes constitutional reform difficult while balancing provincial and federal interests
• The General Formula (7/50 Rule) needs Parliament's approval plus 7 provinces (with 50% of the population)
• Unanimous Consent is needed for major changes like the monarchy, Senate structure, and Supreme Court
• Bilateral Agreements are used for province-specific amendments such as education in Newfoundland
• No major constitutional changes have occurred since 1982 because it’s so difficult
• Courts and informal agreements are used instead

Judicial Review

• Judicial review enables courts to determine if laws or government actions violate the Constitution
• If so, it allows the courts to strike them down
• The Charter of Rights and Freedoms (1982) strengthened judicial review, giving courts authority to overturn laws violating rights
• Courts check legislative and executive power
• In Canada, judicial review can be triggered by a specific case needing constitutional clarity or through a reference procedure
• Trudeau asked the Supreme Court if provincial consent was needed to change the Constitution, which led to the Constitution Act

Judicialization of Politics

• Judicialization of politics is the increasing role of courts in shaping policy and resolving political disputes (private and public)
• Courts now rule on controversial issues, such as assisted suicide, Indigenous rights, healthcare, and freedom of expression, shifting key policy decisions from elected representatives
• The Supreme Court legalized medical assistance in dying because of the 2015 Carter v. Canada ruling after debate in Parliament

Meech Lake Accord

• The Meech Lake Accord, a failed 1987 constitutional agreement, would have included Quebec in the constitutional framework by recognizing it as a “distinct society.”
• It collapsed in 1990 because of opposition from Indigenous leaders and some provinces
• It fueled tensions in Quebec separatism and increased skepticism toward constitutional reform
• Manitoba, New Brunswick, and Pierre Trudeau were originally in unanimouss agreement but later said no because Indigenous people were not included
• It would have strengthened Quebec's role in immigration and Supreme Court appointments
• The agreement was the product of an exclusionary process as executives negotiated without the public who could have voiced their opinions

Charlottetown Accord

• The Charlottetown Accord was a 1992 attempt to reform the Constitution by addressing Quebec’s demands and Indigenous self-government
• This would've made Quebec a distinct society ‘within Canada”, however it was rejected in a national referendum
• The Accord proposed recognizing Indigenous self-government, Senate reform, and Quebec’s special status
• The rejection led to the constitutional issues being resolved judicially rather than politically
• It would have introduced a Triple-E Senate (effective, elected, and equal)

Quebec Independence and Charter implications

• In 1995, Quebec voted No (50.8%) on separation, with Liberals federally in support of remaining
• The question was complex, therefore people did not clearly know what they were voting for and what the future would look like
• The notwithstanding clause (section 33) allows federal or provincial legislatures to override fundamental freedoms (Section 2), legal rights (Sections 7-14), and equality rights (Section 15) for up to five years
• It balances judicial power with legislative supremacy, but political backlash discourages its use outside of Quebec
• Fundamental freedoms (section 2) protect core civil liberties that limit government power, and they include freedom of expression, thought, religion etc
• It protects individuals from government overreach, where Ssection 1 allows the establishment of reasonable limits

Governance Bodies

• The Governor General acts as the Crown’s representative in Canada
• Until 1926, they had historically represented British interests, but are now appointed by the Prime Minister for a 5-year term
• The Governor General can act against the Prime Minister, but they never do, because they are chosen by them
• The Crown’s legal authority resides with the monarch exercised in Canada by the government
• Under constitutional monarchy, the Crown’s power is limited by the Constitution
• Prerogative (or reserve) powers are the Crown’s source of power, and in theory, it is exercised by the Governor General
• The powers include being commander in chief of armed forces, selecting or dismissing the Prime Minister, dissolving Parliament and calling elections (nonconfidence), proroguing Parliament, and granting royal assent to bills
• The mostly symbolic powers are bestowed by the Constitution Act, 1867 and authority is established in Letters Patent, 1947
• Authority is extended over ministers, judges, and parliament pardons

Constitutional Monarchy

• Constitutional monarchy is a democracy headed by a king or queen
• The Queen is head of state and reigns according to the Constitution
• Canada has a "dual executive,” where formal executive powers are with the Queen or Governor General, but the effective executive is the Cabinet and Prime Minister

The Cabinet

• The Cabinet is the collective of ministers appointed by the Prime Minister to oversee government departments and implement policies
• Conversations and deliberations are confidential
• The Cabinet develops and implements government policies, oversees federal departments and agencies, approves legislation and budgetary decisions, and works collectively guided by the Prime Minister
• The Cabinet is composed of ministers and Members of Parliament (and Senators occasionally)
• Cabinet solidarity mandates members to support government decisions
• The only option for ministers that disagree is to resign

Powers of the Cabinet and the Prime Minister

• The Prime Minister and Cabinet exercise the powers of the Crown
• Real authority lies with the Prime Minister and Cabinet despite the Governor General formally holding executive power
• The Prime Minister and Cabinet guide government, set policy, and control legislative priorities, and the Cabinet is not constitutionally required but functions based on convention
• The Prime Minister and Cabinet exercise powers of the Crown, including appointments, international relations, and financial issues
• Ministers can create regulations on policies and specify how departments function
• This creates accountability
• The Prime Minister is the cabinet maker, the chair of Cabinet meetings, the party leader, chief policy maker, a leading player in the House of Commons, the chief personnel manager, advisor to the Governor General, a chief diplomat, and public leader
• The Prime Minister can govern with less restraints in majority governments
• Committee meetings guide most government decisions
• The Privy Council Office is a non-partisan group responsible for organizing Cabinet work, and they are headed by the deputy minister to the Prime Minister
• The Department of Finance advises the cabinet on finance, while the Treasury Board Secretariat is involved in creating and overseeing budgets while managing labour relations
• The Prime Minister's Office are partisan loyalists dealing with media relations, and public appearances

House of Commons

• The House of Commons is the core democratic institution in Canada and it decides who governs
• Canadians elect Members of Parliament (MPs) to represent them, make laws, and voice concerns
• It holds 338 seats distributed by population amongst single-member districts that are reviewed every census cycle
• Backbenchers are Members who sit on the government side of the House and are not on the Cabinet
• Voters engage with democracy mainly through elections electing the government and Prime Minister
• Members of Parliament are elected in the House of Commons using the First Past the Post system and they represent the population
• The House of Commons legislates laws, ensures representation, scrutinizes, and reviews finances
• Canada’s Official Opposition party is entitled to extended speaking time and a consultative role on some decisions that the Prime Minister can take

Party Discipline and Westminster Model

• Rigid party discipline in the House ensures party unity and government stability
• The party whip ensures Members of Parliament vote based on party lines
• The Westminster model has a Bicameral Legislature (House of Commons and Senate)
• The Prime Minister and Cabinet must maintain the confidence of the House
• Historically, Parliamentary supremacy meant the government could pass any law without review
• Since the Charter of Rights and Freedom was established in 1962, it allowed the courts to strike down laws deemed unconstitutional, though parliament can override this with the use of the notwithstanding clause
• It ensures government executives must maintain the confidence of the elected legislature while concentrating power in the executive, especially with majority governments

Stages of Canadian Legislation

• Bills are introduced in the House of Commons and read the first time
• The bill's principles are then debated in the second reading
• After this, the bill enters the committee stage to be reviewed thoroughly
• The legislation is approved in the House pre-Senate after 3 readings
• Lastly, the bill requires Senate approval to become Canadian law

Canadian Bill Types

• The Canadian government has the following bill categories:
• Government Bills, i.e. introduced by the Cabinet Ministers and starts with a C#
• Private Members Bills, i.e. introduced by non-cabinet ministers and these rarely get time or resources
• Private, i.e. to specific individuals or corporations
• The seats for the Committee System are based upon the election results
• Standing committees are permanent, i.e. health, finance, justice
• Special committees are temporary ones, i.e. pre-legislation
• Joint committees involve the House and the Senate working together
• The meetings are non-partisan

Party Caucus Meetings

• Weekly private meetings are held where Members of Parliament can voice concerns
• The Cabinet and Prime Minister are included
• Unlike public debates, discussions are confidential

Indigenous Self-Determination and Settler Colonialism

• Indigenous people’s rights include governing decisions and making decisions about their issues
• The right was recognized under Section 35 of in 1995 and implies Indigenous people remain Canadians
• The Royal Commission on Aboriginal People emphasized self-determination
• It also recognized control over health, education, governance, and land
• Colonization is expressed in residential schools and denying Indigenous people land ownership

Canadian Indian Affairs Policies

• The White Paper looked at abolishing the Indian Act and status
• After backlash from Indigenous groups, the policy was seen as a rejection of rights
• The Trudeau government implemented the Indian Affairs policies with assistance from Jean Chrétien
• The Aboriginal Title is expressed in rights to land and is based upon use and occupancy before colonization
• Aboriginal land sales are only permitted with the Crown
• The 1763 Royal Proclamation acknowledges Aboriginal people having the Crown seeking voluntary treaties
• The Truth and Reconciliation Commission was established to act on past harms
• The Commission looked at 94 calls to action
• Truth and reconciliation is crucial for reconciliation to occur

The Indian Act and Indigenous Governance

• The 1876 Indian Act, created to control Indian governance, banned their system
• Under the legislation, status was derived from paternal lineage and denied Indigenous people the opportunity to hire lawyers for land claims
• Despite being amended, Indigenous governance is still targeted for reform

Quebec Sovereignty and Regional Interests

• The 1960s Quiet Revolution facilitated the government to assume control over church groups
• The result created a French middle class pushing for more rights
• Quebec pushed for provincial control and sovereignty via referendums in 1980 and 1995 In both of these, the result was a vote to avoid secession. The failure of both of these led to the federal government implementing rules for future referendums to follow
• Quebec maintains minority linguistic rights under The Charter

Western Alienation and Regional Interests

• Western Alienation conveys how the Western part of the country feels it is treated unfairly
• Resource control is a leading cause that led to demands of Senate reform
• Staples Theory conveys how dependence upon one resource can create economic challenges
• Regionalism denotes different parts of Canadian being known for things like identity
• The types of regionalism include geographic and economic disparity
• Equalization payments aim to remove disparity by providing funds to lower provinces
• Alberta is the highest contributor, and tension results

Senate Powers and Structure

• The Senate acts as a “sober second thought” chamber designed to refine legislation
• The House of commons and the Senate have nearly equal power, as they can be used to both invoke amendments and override them
• The position can not create any bills that spend money
• Prime Ministers historically have filled roles by rewarding allies
• Trudeau changed the process to non-partisan ones
• Senators now emphasize rights for elected members

Race Vs. Ethnicity

• Race is distinguished as a social construct based upon physical features
• Ethnicity is distinguished as a cultural identity, while racial constructs are imposed
• Racialization attributes groups due to their identities and is connected to power
• Access to resources are linked to racial standing

Evolution of Canadian Immigration Policy

• Previous iterations openly discriminated in favour of Europeans
• Post WWII allowed new groups to enter
• Reforms by the 1960’s eliminated bias
• Multiculturalism under Trudeau promoted an equal representation

Points System

• Immigration selection today looks at criteria like language
• The focus is on economic immigrants that emphasize candidates and skills
• Although, the value of credentials is criticized

Multiculturalism

• Prime Minister Trudeau established the official policy
• Aims include helping cultures integrate and promote participation
• Is re-enforced via section 27 of the Charter