PPA120 Notes PDF

Week 2 1. The Canadian Constitution What is a Constitution? A constitution is a set of rules that establishes the structure and principles of a political regime. There are three types of constitutional law. The Constitution Act of 1867 (BNA Act of 1867) Established a parliament...

Week 2 1. The Canadian Constitution What is a Constitution? A constitution is a set of rules that establishes the structure and principles of a political regime. There are three types of constitutional law. The Constitution Act of 1867 (BNA Act of 1867) Established a parliamentary system of government. Based on principles similar to the United Kingdom. The Era of "Mega-Constitutional" Politics Major figures like PM Pierre Trudeau (1968-1979; 1980-1984) played a crucial role. Events such as the Kitchen Accord and the Night of Long Knives impacted constitutional development. Canada’s Amending Formulae 1. General procedure (7/50 rule): Requires approval of 7 provinces representing at least 50% of the population. 2. Unanimity: Necessary for changes like the role of the Queen or amendments to the formula itself. 3. Select provinces and federal government: Related to boundary changes. 4. Federal government: Has authority over the executive branch. 5. Provincial governments: Manage their own constitutions. The Senate has a 180-day "suspensive veto" over some changes. 2. The Constitution Act of 1982 The Charter of Rights and Freedoms Fundamental Rights: Freedom of expression, religion, assembly. Democratic Rights: The right to vote and run for office. Mobility Rights: Freedom to move within the country. Legal Rights: Protection against arbitrary arrest and rights during legal proceedings. Equality Rights: Protection from discrimination. Language Rights: Rights for official language minorities. Minority Language Education Rights: Educational rights for linguistic minorities. Not Included: Social rights like education, housing, and employment. Section 1: The Reasonable Limits Clause  Rights can be limited if justified in a free and democratic society. Test for Justification (R. v. Oakes ): 1. Is the law's objective important enough to override a charter right? 2. Is the law proportional to its objective, meaning: ○ It must be rationally connected to its purpose. ○ It should impair the right as little as possible. ○ Its harmful effects must not outweigh the benefits. Section 33: The Notwithstanding Clause Governments can temporarily override certain Charter rights (Sections 2, 7-15) for up to 5 years. Discussion Questions: 1. Find an example of the Notwithstanding Clause in use. 2. Are the intended goals of the clause still valid? 3. Is the Notwithstanding Clause democratic? 3. Federalism in Canada Definition Federalism divides power and sovereignty between two or more levels of government, each with jurisdiction over particular areas. Examples: Canada, U.S., Argentina, Australia, Germany. Features of Federal Systems Watertight Compartments: Clear separation of powers. Pendulums: Balance of power can shift over time. Provincial Powers (Section 92 of the BNA Act) Matters include health, education, transportation, property, and civil rights, among others. Concurrent Powers (Section 95) Shared powers between federal and provincial governments: Agriculture and immigration. Federal Powers (Section 91) Includes residual powers and the POGG (Peace, Order, and Good Government) clause. Federal Spending Power  Inferred from the federal government’s power to levy taxes. Allows the federal government to provide funding in areas of provincial jurisdiction (e.g., healthcare). 4. Equalization and Federal Transfers Equalization Payments: Established in 1957 and entrenched in 1982 to ensure all provinces have sufficient revenue for public services. Goals: 1. Provide comparable public services at similar tax rates across provinces. 2. Bring "have-not" provinces up to national standards. Trends: Neoliberal policies have reduced overall transfers. Equalization is less about equalizing and more influenced by shifting economic positions of provinces. 5. Federalism Today The balance of power between the federal government and the provinces has shifted over time. Key questions: Should Canada be more decentralized or centralized? What measures can help assess this balance? Week 3 1. Key Terminology Indigenous/Aboriginal Peoples: Collective term for the original inhabitants of Canada, including First Nations, Metis, and Inuit. First Nations: Refers to Indigenous peoples other than Inuit and Metis. Haudenosaunee: A confederacy of six First Nations including Mohawk and Cayuga. Anishinaabe: Includes groups like the Ojibwe and Odawa. Inuit/Inuk: Indigenous peoples of the Arctic regions. 2. Historical Context Treaty of Niagara (1764) Purpose: Established a mutual relationship between the Crown and Indigenous nations, symbolized by the Two-Row Wampum Belt, representing peaceful coexistence and respect. 3. Tools of Colonialism B.N.A. Act of 1867 (Section 91): Granted the federal government control over Indigenous lands and peoples. Indian Act of 1876: Central tool of assimilation aimed at eradicating Indigenous identity and governance. ○ Objective: Assimilate Indigenous people into Canadian society (John A. Macdonald's policy). Colonial Controls: ○ Identity: Control over who is recognized as Indigenous. ○ Land: Control over Indigenous land use and ownership. ○ Governance: Erosion of traditional Indigenous governance systems. 4. Constitution Act of 1982 Section 25: Ensures that rights in the Canadian Charter do not diminish Aboriginal or treaty rights. Section 35: Recognizes and affirms the existing rights of Indigenous peoples in Canada, including those under treaties. 5. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Article 10: Indigenous peoples should not be forcibly removed from their lands. Any relocation must involve free, prior, and informed consent, fair compensation, and an option to return. Canada signed UNDRIP in 2016. 6. Truth and Reconciliation Commission (TRC) 2015 Truth and Reconciliation Commission: Issued 94 Calls to Action aimed at addressing the legacy of residential schools and advancing reconciliation. Call to Action #3: Calls for full implementation of Jordan's Principle. 7. Missing and Murdered Indigenous Women and Girls Inquiry (2016-2019) Concluded that violence against Indigenous women and girls is a genocide. Issued 231 Calls for Justice, calling for systemic changes. ○ Examples: Calls 12.10 and 17.22 pertain to ensuring proper implementation of Jordan’s Principle. ○ Stressed that every Canadian has a role in addressing violence against Indigenous women and 2SLGBTQQIA+ people. 8. Challenges to Reconciliation Outlined by the Yellowhead Institute: 1. Paternalism: Persistent attitudes of superiority over Indigenous peoples. 2. Structural Anti-Indigenous Discrimination: Institutionalized forms of discrimination. 3. “Public Interest”: Often used to justify overriding Indigenous rights. 4. Insufficient Resources: Lack of adequate funding for reconciliation efforts. 5. Reconciliation as Exploitation: Symbolic acts of reconciliation without substantive change. 9. Justice for Indigenous Children 2016 Canadian Human Rights Tribunal Ruling: Found Canada guilty of discrimination against First Nations children. The federal government was ordered to compensate Indigenous children who were placed in care, but the government has resisted some tribunal orders. 10. Jordan's Principle Who: Jordan River Anderson was a First Nations child who died while the federal and provincial governments disputed responsibility for his care. What: Jordan’s Principle ensures that First Nations children receive equitable access to public services without delays caused by jurisdictional disputes. 11. Film Study: "Jordan River Anderson - The Messenger" Key takeaways from the film - The film "Jordan River Anderson: The Messenger" tells the story of Jordan River Anderson, a First Nations child from Norway House Cree Nation, who spent his entire life in the hospital because of a jurisdictional dispute between federal and provincial governments over who was responsible for paying for his home care. His tragic story led to the creation of Jordan’s Principle, which ensures that First Nations children receive the services they need without bureaucratic delays. The film highlights systemic issues of inequality and the fight for justice for Indigenous children Key Questions: 1. Who was Jordan River Anderson and what is Jordan’s Principle? 2. What role did federalism play in Jordan’s situation and the well-being of Indigenous children? 3. How does Jordan’s Principle relate to Canada’s truth and reconciliation efforts? 4. What challenges in implementing Jordan’s Principle reveal about ongoing colonialism in Canada? Key Takeaways: Understanding the relationship between the Crown and Indigenous peoples historically is crucial to grasping contemporary issues.  Indigenous rights are recognized in the Constitution but are still often undermined in practice. Reconciliation involves addressing systemic issues like discrimination and ensuring justice for Indigenous children. Week 4 1. Key Concepts Unity and Diversity: The ongoing tension in Canada between maintaining a unified national identity while recognizing its diverse population. Diversity Lenses: Examined through language, ethnicity, race, gender, immigration, and regional cultures. 2. Linguistic Diversity Quebec Nationalism: ○ Quiet Revolution (1960s): Major cultural shift towards secularism in Quebec. ○ Bill 101 (1977): Established French as the official language in Quebec. ○ Referendums: 1980: 59.6% voted “No” to sovereignty. 1995: Resulted in a narrow "No" with 50.6%. 3. Immigration Policy Historical Context: Racism influenced earlier immigration acts, such as the Chinese Immigration Act and WWII Japanese Internment Camps. Point System (1967): Immigration selection shifted from race-based criteria to merit (education, skills). Current Trends: ○ Canada admits around 500,000 immigrants annually. ○ Categories: Skilled workers, family class, and refugees. 4. Multiculturalism in Canada  Multiculturalism Policy (1971): Encouraged cultural retention and societal participation. Multiculturalism Act (1988): Focused on cultural preservation and combatting discrimination. Section 27 of the Charter: Entrenches multiculturalism in Canadian law. 5. Social Integration and Discrimination Discrimination: Particularly common for racialized, Indigenous, and 2SLGBTQ+ populations, with 50% of racialized people reporting discrimination. Hate Crimes: Increased by 7% from 2021 to 2022, with the highest rise in crimes based on race, ethnicity, and sexual orientation. 6. Important Events and Legislation Clarity Act (2000): Established clearer rules for future referendums on Quebec sovereignty. Secession Reference (1998): Supreme Court ruled that unilateral secession is unconstitutional without negotiation with other provinces and the federal government. This guide provides an overview of Canada's approach to balancing its diverse cultural, linguistic, and ethnic landscape while fostering unity. The role of policies such as multiculturalism and immigration reforms is key to this balance, along with significant historical moments, such as Quebec referendums. Week 5 Canadian Parliament Structure and Functions 1. Main Elements of Parliament: ○ Bicameral Legislature: Comprises the House of Commons and the Senate. Both must pass legislation identically before royal assent. ○ Confidence Chamber: The government must retain majority support to stay in office. 2. House of Commons: ○ Types of Government: Majority, minority, and coalition governments. ○ Key Roles: Speaker of the House: Oversees debates and maintains order. MPs: Represent constituencies based on population. ○ Key Functions: Passes laws. Holds the government accountable through Question Period. Scrutinizes legislation in committees. ○ Current Representation (as of Fall 2021): Includes diverse demographics with 30% women and 16% visible minorities among MPs. ○ Hyper-Partisanship Issues: Examples of heated exchanges in Question Period and committees are cited as recent examples of rising incivility in Canadian politics. 3. The Senate: ○ Appointment: Senators are appointed by the governor general on the prime minister's recommendation, typically based on merit and diversity. ○ Regional Representation: The Senate has 105 seats distributed among provinces and territories to ensure regional representation. ○ Recent Changes: Trudeau's Appointment Process: Since 2015, a more "merit-based and non-partisan" process was introduced with an independent advisory board. Diversity: The Senate is one of the most diverse legislative bodies in Canada, with recent rule changes promoting non-partisan leadership. 4. Group Discussion Topics: ○ Growing incivility in politics and finding the balance between accountability and obstruction in parliamentary proceedings. ○ Possible reforms to enhance the civility and democracy of the Canadian legislature. These notes cover the essentials of Canada's parliamentary structure, functions, representation, recent political issues, and ongoing discussions around democratic reforms. Week 7 The Executive and Bureaucracy in Canada 1. Canadian System of Governance: ○ Parliamentary System: Based on the Westminster model, contrasting with presidential systems. ○ Responsible Government: Ensures the executive is accountable to the elected legislature. 2. The Formal Executive: ○ Constitutional Monarchy: Authority vested in the Queen, governor general, and Privy Council. ○ Governor General: Representative of the Crown, has ceremonial duties such as reading the Speech from the Throne. 3. The Political Executive: ○ Prime Minister (PM): Leader of the political executive and primary architect of the government’s agenda. Reform Act (2014): Aims to balance power between MPs and party leaders, allowing caucuses to expel members or review leadership. ○ Governor in Council: Refers to Cabinet acting under constitutional authority with the governor general. ○ Cabinet: Composed of the PM and ministers, holding executive and legislative powers. Includes ministers, ministers of state, and parliamentary secretaries. ○ Appointments by the PM: Includes Senate vacancies, governor general, Supreme Court justices, provincial lieutenant governors, ambassadors, and high-level public officials. 4. Limits on Prime Minister’s Power: ○ Influences include federalism, public opinion, minority governments, cabinet constraints, and international events. 5. Bureaucracy and Central Agencies: ○ Prime Minister’s Office (PMO): Manages the PM's political agenda and communication. ○ Privy Council Office: Supports the Cabinet and the PM in policy advice. ○ Treasury Board: Oversees government expenditures and management practices. These notes cover key aspects of Canada's executive and bureaucracy, including the role of the Prime Minister, the governor general, and central agencies that support executive functions. Week 8 U.S. Presidential Election and Its Impact on Canada 1. U.S. Electoral Process: ○ Electoral College: 538 votes, allocated by state population. Most states follow a "winner-takes-all" system, with Maine and Nebraska as exceptions. ○ Winning the Presidency: A candidate needs 270 electoral college votes. 2. Differences Between U.S. and Canadian Elections: ○ U.S.: Citizens vote directly for the president and vice-president. ○ Canada: Voters elect Members of Parliament, not the Prime Minister directly. Federal, provincial, and municipal elections are held separately. 3. Canada-U.S. Relations: ○ Historical Relationship: The relationship has always been influential, as summarized by Pierre Trudeau's analogy of Canada as "sleeping next to an elephant." ○ Biden’s Visit in 2023: Focused on economic, energy, cyber, and security issues, including NORAD, NATO commitments, and immigration agreements. 4. Canadian Public Opinion on 2024 U.S. Election: ○ Support: Higher support for Harris than Trump, though support for Trump among Canadians is higher in 2024 than it was in 2020. ○ Demographics: Younger men (ages 18-34) show the highest support for Trump, with 36% of men in this age group supporting him. 5. Canadian Concerns Post-2024 Election: ○ Trade: Potential renegotiation of CUSMA (Canada-United States-Mexico Agreement). ○ Immigration: Fear of mass deportations in the U.S. impacting Canadian immigration. ○ Stability: Concerns over violence and democratic unrest in the U.S., as well as global geopolitical instability. These notes cover the U.S. electoral system, its contrasts with Canadian elections, the impact of U.S. leadership on Canada, and key concerns Canadians hold regarding the outcome of the 2024 U.S. presidential election. Week 9 Key Terms Elected Representatives: ○ Federally: Members of Parliament (MPs) in the House of Commons. ○ Provincially: Members of Provincial Parliament (MPPs) in Ontario legislature. Constituencies/Ridings: Geographic electoral districts. Representation by Population (Rep by Pop): Ensures "one person, one vote." Popular Vote: Total percentage of votes each party receives across all constituencies. District Magnitude: Number of representatives elected per district (Canada = 1 per riding). Families of Electoral Systems 1. Proportional Representation (PR): ○ Seats are distributed proportionally to the popular vote. ○ Not based on geographic representation. ○ Examples: List systems (Norway, Sweden, Brazil). 2. Winner-Takes-All (Plurality/Majority): ○ Includes: First Past the Post (FPTP): Used in Canada, U.S., U.K. Two-Round System: Used in French Presidential elections. 3. Mixed Systems: ○ Combines FPTP and PR features. ○ Examples: Germany, Scotland. Electoral System in Canada Current System: Single Member Plurality (SMP), also called First Past the Post (FPTP). How FPTP Works: ○ Candidate with the most votes wins the seat, even without a majority. ○ Votes for losing candidates do not contribute to representation. Example: Riding with 6,000 voters: ○ Yellow: 2,000 votes  ○ Purple: 1,999 votes ○ Turquoise: 1,998 votes ○ Black: 3 votes Yellow wins, though the majority of voters (4,000) voted for other candidates. Hypothetical Results under FPTP If the above example repeated in all 338 ridings: ○ Yellow Party: Wins all 338 seats with only 33% of the popular vote. ○ Other parties win no seats despite substantial support. 2021 Canadian Federal Election Results (FPTP Impact) Party Seats (N) % Popular Vote Seats (%) % Difference Conservative 119 34% 35% +1% Liberal 160 33% 47% +14% NDP 25 18% 7% -11% Bloc Québécois 32 7% 9% +2% Green 2 2%