Transcript Government & Law

Government & Law
The Structure of Canada’s Government
What is Government?
• Formal system of decision making
• Govt acts according to established rules
and procedures – traditions
• Institutions carry out govt’s work
Foundations of Our Government
• First Nations
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Hereditary title
Elected leaders
Community leadership
Oral traditions
• European Roots of Canadian system
– British parliamentary tradition basis for federal &
provincial governments
• Representative democracy
• Constitutional monarchy
Parliament Hill
www.arrakeen.ch/
Queen of Canada
http://en.wikipedia.org
Representative democracy
• Democracy – rule by the people
• Greek – direct - eligible citizens vote o all
decisions affecting society
• Representative – elected representatives
make decisions on our behalf
Constitutional Monarchy
• Monarch as Head of State
• Queen Elizabeth II is Queen of Canada
• Governor General is Monarch’s
representative in Canada
• QEII does not actually rule Canada but
safeguards democracy
• Laws cannot be ignored
http://collections.ic.gc.ca
Written Constitution
• 1867 British North America Act (BNA)
• Amended in 1982
– Powers of provincial legislatures & Parliament
– Charter of Rights and Freedoms
– An amending formula (7/10 >50% population)
• Unwritten constitution
– Rules & practices that are not written but are based
on 1000 years of parliamentary tradition inherited
from Britain e.g.: no mention of political parties in the
Constitution but important part of our system
Federal System
• An organization of regional governments (provinces)
acting on behalf of its own residents with a central govt
responsible for matters of the nation as a whole –
federalism
• Federal e.g.:
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Citizenship
Defense
Currency
Residual powers – new areas that did not exist then
• Provincial e.g.:
– Education
– Health care
• Shared e.g.:
– Agriculture
– Environment
Municipal Government
• Local, municipal provides essential
services such as
– Garbage collection
– Sewage treatment
– Fire protection
– Policing
– Water supply
– Establishment of schools
What level of govt?
www.canadabay.nsw.gov.au
www.forces.gc.ca/
www.radio-canada.ca/
www5.kcn.ne.jp
Parliamentary System
• Executive
– Power to make decisions and administer
through civil service
• Legislative
– Power to make laws
• Judicial
– Power to interpret and administer the law
– Carried out by judiciary (judges & courts)
The Federal Government
• Legislative Branch
– comprised of
• Governor General
• House of Commons
• Senate
– Parliament must meet once a year (session)
– Passes, amends, repeals laws – debates
– Question periods
House of Commons
• Elected Members of Parliament (MPs)
• Elections every 5 years
• Canada divided into ridings (constituencies of
approx 100,000 people each)
• Population decides number of seats
• Speaker of the House controls debates
• Members sit with parties
• Ruling party on one side; opposition on other
• Opposition scrutinizes actions of govt
House of Commons (Lower House)
www.craigmarlatt.com
How do MPs vote?
• Elected representatives of each party hold
private meetings called caucus
• Discuss, argue freely
• Leader explains party policy, programmes,
actions
• Once decision is made, tradition holds that
members will vote in favour of party’s position
• Free vote – allows members to vote according to
what they believe is best
The Senate (Upper House)
• Independent of House of Commons
• Appoints own Speaker
• Governor General appoints Senators on
recommendation of PM
– Canadian citizens
– At least 30 years old
– Living in province they represent
– Own at least $4000 worth of property
The Senate (Upper House)
• Main role to provide final check on
legislation passed in Lower House
• Senate may also introduce bills
• Regional representation – by population
• Appointments based on patronage
– Some believe Senate represents upper
income groups and party interests
The Executive Branch
• Consists of
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Governor general
Prime Minister
Cabinet
Civil Service
• Governor General
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Monarch’s representative
Gives formal assent to bill before it becomes law
Ceremonial function
Advisor to the govt
The Prime Minister
• Leader of party with most elected members of
the House of Commons is invited to become
Prime Minister by Governor General
• Head of Government
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Ask Gov Gen to name new judges
Best time to ask Gov Gen to call election
Chooses & shuffles Cabinet
Addresses Canadians on issues of national concern
Explains goals of ruling party (party leader)
Represents Canada internationally
Works with Premiers
Patronage appointments – Senate, diplomatic corps
The Cabinet
• Elected party members chosen by PM
• Each cabinet minister is responsible for a
particular govt dept
• Reflects nation
– Gender
– Ethnicity
– Cultural, social and linguistic diversity
• Free opinions in Cabinet meetings but Cabinet
Solidarity publicly (party whip to ensure solidarity
and attendance for voting)
The Public Service
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Civil service/bureaucracy
Permanent employees doing govt business
The face of govt
Duties
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Gather stats
Write details for new laws
Represent Canada abroad
Carry out laws
Collect taxes
Monitor imports & exports
Process passports
Deliver mail
Advise ministers
Draft laws
How a Bill Becomes Law
Provincial/Territorial Governments
• 3 branches
– Executive
– Legislative
– Judicial
• Premier is leader of government
• Lieutenant Governor represents Monarch
• One house (Legislature; National
Assembly in Quebec)
– MLA or MPP
Education
• Provincial curriculum
• Local School Boards
• Regulate teachers
Environment
• Policies and laws about how resources are
managed
• Balance current demand plus future use –
sustainability
Health Care & Social Welfare
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Shared with federal govt
How to provide care
Hospitals, testing, long term care
Aging population
– Require more health services
– Preventative care
– 2 tier?
• Social welfare
– Disabled
– Single mothers
Transportation
• Urban transit
• Develop railways, ports, highways and
airports
Negotiating with the Federal Govt
• Equalization and transfer payments
• Work constantly to redefine balance of
power
• Disputes resolved through Supreme Court
of Canada
Local Governments
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Town council
Elected officials - councillors
Leader – Mayor
Bylaws
Aboriginal Self-Government
• Band councils or elders
• Leader – Chief
• Negotiate with Federal and Provincial govt
http://www.kib.ca/chief.htm