The Canadian Federal System

A Power Sharing Relationship

Marshall 2007

Overview:

• The historical perspective

• The BNA Act

• The parliamentary system

• The three levels of government in Canada

A. Historical Perspective

• The colonies of BNA

• Dissatisfaction with representative gov’t

• The threat from the USA

• Fathers of Confederation

B. The BNA Act (Constitution Act of 1867)

• Written Constitution: 1. Pre 1982 = BNA Act, Sections 9191 and 92 92 (who gets what: see pg. 224 in your text)

REMEMBER residual powers

2. Post 1982 = BNA-like sections = Charter = amending formula

• Unwritten Constitution:

British tradition of Common Law

Can you name Canada’sCanada’s original four provinces?

Ontario (Canada West), Quebec (Canada East), New Brunswick, Nova Scotia

C. The Parliamentary System

Read the following sections on pp. 226-227 re:

• Legislative Power

• Executive Power

• Judicial Power

Write a brief 2 - 3 sentence definition of each.

FYI: Who has the last word in deciding how a rule will be followed in Canada?

C.1. Legislative BranchC.1. Legislative BranchC.1. Legislative BranchC.1. Legislative Branch

Parliament has 2 houses, one elected

and one appointed

Memory Maker

Parliament:

Elected Appointed

House of Commons Senate

1. The HOUSE OF COMMONSresearch in teams: read p. 228 and tell

• What is another name for the Commons?

• About how many citizens are in a federal riding?

• How many seats are in the Commons?• Who moderates debates in the

Commons?

LOWER HOUSELOWER HOUSE

308308

SPEAKERSPEAKER

100,000100,000

• What is a political party/party meeting called?

• What is an MP?

• When is an MP allowed to go against the Party?

1a. The HOUSE OF COMMONS Votingresearch in teams: read pp. 228-229 and tell

CAUCUSCAUCUS

MEMBER OF PARLIAMENTMEMBER OF PARLIAMENT

FREE VOTEFREE VOTE

2. The SENATEresearch in teams: read pp. 230-231 and tell

• What is another name for the Senate?

• Who really appoints the senators?• What is a Senate seat given as a

reward called?• Why does N.B. have more Senate

seats than B.C. and what statement in the reading does this contradict?

UPPER HOUSE

P.M.

PATRONAGE APPOINTMENT

BNA ACT/NOT REP BY POP/but rep by

region

2a. Senate reform:2a. Senate reform:

Is the appointed Senate still relevant in a modern democracy?

• Equal

• Elected

• Effective

C.2. Executive BranchC.2. Executive BranchThe executive has 4 parts:

• The is the Queen’s rep

• The is the head of government

• The are the heads of the Ministries

• The advises the Cabinet

• Queen’s representative with ultimate de juri power

• Last step in passing laws except Hansard

• Ensures gov’t follows rules

• Ceremonial / gives out awards and medals

Michaelle Jean

Prime MinisterPrime Minister

• Leader of Party with most seats• Head of government de facto power base

• National leader both domestically and abroad

Look on pp. 234-235 and find ONE example of a duty the PM fills FOR EACH of the above categories.

Stephan Harper

CabinetCabinet• The various departments of the federal government are in

MINISTRIES; the MP in charge of each ministry is called a MINISTER; usually only ministers make up the PM’s Cabinet.

• Some ministries (and thus ministers) are more important than others. Complete this table:

DefenceExternal Affairs }EnvironmentHealthFinanceAgricultureFisheriesIndian/Northern Affairs

MAJOR MINOR

External Affairs

Public Service Public Service Civil ServiceCivil ServiceBureaucracyBureaucracy

• The face of everyday gov’t• Policy advisors to politicians• Not elected SO don’t change with gov’t• Sr. civil servants (ex. deputy ministers)

wield power thus they may be changed with gov’t

• The courts are divided like gov’t: provincial + federal

• The Constitution (1982) is the supreme law of the land• Statutory Law (written) + Common Law (precedent)• Civil Law (vs. individuals) + Criminal Law (vs. state)• The Supreme Court of Cda interprets the Charter

C.3. Judicial BranchC.3. Judicial Branch

Vocabulary ReviewBNA Act

Constitution Act 1867

Sections 91, 92

Constitution Act 1982

Charter of Rights and Freedoms

Parliament

Legislative, Executive, Judicial

House of Commons

Senate

Speaker

MP

PM

Cabinet

Governor General

Riding

Ministry

Political Party

Caucus

De facto / De juri

Common Law

Unwritten Constitution

Civil (public) Service

Bureaucrat

Elected

Appointed

Precedent

Upper House

Lower House

Representative Government

Responsible Government

End