The Canadian Federal System

A Power Sharing Relationship

Powerpoint by Mr. Marshall, adapted by Mrs.Judd

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 REMEMBER residual powersresidual 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 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?

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

• What is a political party/party meeting called? • What is an MP?• When is an MP allowed to go against the Party?

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

C.2. Executive C.2. Executive BranchBranch

The executive has 4 parts:

• The Governor General is the Queen’s rep• The PM is the head of government• The Cabinet are the heads of the Ministries• The Public Service 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

David Johnston

Prime Minister

• Leader of Party with most seats• Head of government de facto power base• De facto – when something is in practice, whether by right or not• 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.

1.Head of gov’t 2.national leader 3.party leader

Stephen 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.

Reading Pg 235 of the textbook Answer the following:

What would an ideal Federal cabinet include?Why isn’t an ideal cabinet possible?Who speaks on behalf of the cabinet department? And where?Define cabinet solidarity.

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• Civil servants are found at all 3 levels of government.

Give an example of each pg 236

C.3. Judicial BranchC.3. Judicial Branch• 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

• Living tree doctrine vs Originalism Interpretrations

Vocabulary ReviewBNA ActConstitution Act 1867Sections 91, 92Constitution Act 1982Charter of Rights and FreedomsParliamentLegislative, Executive, JudicialHouse of CommonsSenateSpeakerMPPMCabinetGovernor GeneralRiding

MinistryPolitical PartyCaucusDe facto / De juriCommon LawUnwritten ConstitutionCivil (public) ServiceBureaucratElectedAppointedPrecedentUpper HouseLower HouseRepresentative GovernmentResponsible Government

End