Midterm Takeaways PDF

Textbook Takeaways: Conventions of responsible government -​ Canada got our conventions of rg from the UK -​ Makes the executive accountable to the HoC 1.​ The crown must act on the advice of its minister and is primarily symbolic 2.​ The Crown only appoints minister or advisors who are...

Textbook Takeaways: Conventions of responsible government -​ Canada got our conventions of rg from the UK -​ Makes the executive accountable to the HoC 1.​ The crown must act on the advice of its minister and is primarily symbolic 2.​ The Crown only appoints minister or advisors who are Members of Parliament (can be flexible but must take first opportunity to run for a seat in HoC) 3.​ Collective responsibility: ministers act together led by PM 4.​ The Crown will appoint and maintain only mister who have the confidence of the House 5.​ When the ministry loses the confidence of the House, the PM will resign or request new election Dynamics of minority governments versus majority government -​ A cabinet backed by parliamentary majority is nearly guaranteed the confidence of the House -​ Majority government is almost guaranteed responsible government as a single party has the majority of seats in the HoC -​ Minority governments must form responsible governments by adopting policy that other parties agree with Collective responsibility of cabinet -​ The ministers will act together and be led by the PM -​ Cabinet must function as a team to develop, implement and take responsibility for public policy Prime ministerial government -​ The power is concentrated in the hands of the prime minister -​ Is the Canadian regime moving from cabinet government to prime ministerial government as the PMs office has grown substantially -​ Prime ministerial government is a function of parliamentary government Role of parliament -​ Originally a body that advised the Crown in its exercise of legislative power -​ Parliament adopts legislation and formally determines whether a cabinet has the right to govern -​ Due to highly disciplined parties Parliament in most cases ratifies legislative decisions that the PM and Cabinet made -​ The primary operational purpose of the modern parliament is to make the cabinet accountable to the public Why Canada had to be a federation -​ Compromise to appease the various interests of the different colonies that came together to originally create Canada -​ French minority would never agree to a Central government dominant regime Eras/periods of federalism -​ Federalism is a contract between two levels of government and neither party can change the terms of the contract on its own -​ Quasi-federalism: 1867-96 - most great initiatives were undertaken by Ottawa -​ Classical federalism: 1896-1914 - provincial governments were no longer subordinate to the federal government and they were given more authority. Each government was sovereign in the jurisdiction assigned to it -​ Emergency federalism: 1914-60 - World Wars and Great Depression needed the decisive leadership and power swung to the federal government because the provinces were bankrupt and only Ottawa could afford the welfare programs the people wanted -​ Cooperative federalism: 1960-95 - federal provincial cooperation (also referred to as the age of executive federalism) -​ Collaborative and Open federalism: 1995-present - the provinces have more leeway to spend money as they see fit which reduced the need for federal cooperation Federal spending power -​ The federal government has the financial resources to relocate its money to the provinces in exchange for more involvement in provincial jurisdiction Basic premise behind equalization payments -​ Federal government must give money to provinces whose tax revenue fall below the national average economically -​ Typically unconditional payments -​ Ensures no regional disparities in smaller provinces How indigenous, territorial and municipal governments fit within federalism -​ Territorial: each territory has a premier and cabinet who are responsible to an elected territorial legislature -​ Commissioner (equivalent of lg) -​ Similar tasks to provincial governments but they are not sovereign and their powers are delegated by the federal government -​ Municipal: provincial legislature has authority over municipal institutions -​ Revenue through property taxes, licence, and user fees -​ Indigenous: Reserves are governed through the Indian Act, Nunavut has a “public” government that is elected and incorporates traditional values and processes, Indigenous self government likely will be asymmetrical History of Charter -​ Charter is meant to prevent democratic majorities from using political power to violate rights -​ Implemented in Constitution in 1982 by Pierre E Trudeau without the approval of Quebec Lots of Charter cases as examples (note a couple) -​ 2006 Multani v. Commission scolaire Marguerite-Bourgeoys: Sikh student wanted to wear a ceremonial metal dagger but there is a no-weapon policy in public schools yet not wearing it impinged on his religious rights. Ruling was he was allowed to bring it in an inaccessible cloth sheath -​ Canada (attorney general) v. Bedford: Three sex workers argued that Canadas laws around sex work made it dangerous and a threat to security. Court struck down all three laws around sex work (can’t live of the avails of sex work, no ‘bawdy’ houses, and no public communication with cliental) against fundamental justices Role of the judiciary in CDN democracy -​ The judiciary is an impartial and unbiased panel of judges -​ Their impartiality is enforced through merit, the possibly for an appeal to higher court, adversarial character (meaning they don’t collect evidence), and political neutrality -​ They are an independant structure from the government -​ Everyone is equal before the law -​ Dual policy making system: traditional legislative activity and court-based policy-making Liberal political culture -​ Equality and liberty -​ Combination of the political principles of liberty and democracy -​ Protection of the private sphere -​ Respect for minority rights -​ The rule of law Some history on the five main political parties -​ NDP developed as an ideological party but is slowly shifting -​ BQ is a protest party that advocated for the dominant force of Quebec that they believe is systematically ignored -​ Liberal -​ Conservative developed under -​ Green? Public opinion showing regionalism in Canada -​ Multiculturalism in QC -​ Two roles of the GG Reserve powers of the GG Reform options to empower the GG Decentralization Asymmetrical federalism History of autonomism in QC Lecture Takeaways: Role of GG Function of HoC Theories of representation Party disciple Ministerial responsibility (collective and individual) Composition of senate Distribution of powers in the federation Centralization vs decentralization Reasons for evolution in power in the federation Fiscal imbalance Executive federalism Rights contained within Charter Balancing judicial and parliamentary power S 33 example S 1 example Reference cases Basis for regionalism in Canada Quick history of plural identities in Canada Political ideologies in Canada Types of political parties Understanding prorogation The story of the 2008 parliamentary crisis New developments in prorogation in 2025 Fundamental tension within the federation The many slaps in the face of QC QC in the federation today