1. The Canadian
Federal System
A Power Sharing Relationship
Powerpoint by Mr. Marshall, adapted by Mrs.Judd
Marshall 2007
2. Overview:
• The historical perspective
• The BNA Act
• The parliamentary system
• The three levels of government in Canada
3. A. Historical Perspective
• The colonies of BNA
• Dissatisfaction with representative gov’t
• The threat from the USA
• Fathers of Confederation
4. B. The BNA Act (Constitution Act of 1867)
• Written Constitution:
1. Pre 1982 = BNA Act, Sections 9191 and 9292
(who gets what: see pg. 224 in your text)
REMEMBERREMEMBER residual powersresidual powers
2. Post 1982 = BNA-like sections
= Charter
= amending formula
• Unwritten Constitution:
British tradition of Common Law
6. 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?
9. 1. The HOUSE OF
COMMONS
research 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?
10. 1a. The HOUSE OF
COMMONS Voting
research 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
11. 2. The SENATE
research 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
12. C.2. ExecutiveC.2. Executive
BranchBranch
The executive has 4parts:
• 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
13. • 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
14. 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
15. 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.
16. Public ServicePublic Service
Civil ServiceCivil Service
BureaucracyBureaucracy
• 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
17. 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
18. Vocabulary Review
BNA 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
Canada wanted to keep ties with Britain, but be able to decide its own rules, laws, government. Became the Dominion of Canada in 1867, with the BNA act serving as our constitution until amended in 1982. Parliamentary System has 3 branches (pg 226) Executive, Legislative and Judicial
3 levels of govt are Federal, Provincial, Municipal.
Upper vs Lower Canada –
George Brown – Rep by Pop
Manifest Destiny
Fathers of Confederation - get ‘em drunk and they’ll agree to anything
Section 93 = shared powers
Current MP for Sunshine Coast – West Vancouver, Conservative – back bencher.
Since 01 October, 2010
Prior to assuming the role of governor general, Johnston, 69, was president and vice-chancellor of the University of Waterloo. Johnston's appointment was widely lauded, but the man with a reputation as a strong consensus builder kept a low profile after the announcement of his new job. He is the 28th GG since Confederation. How many PM since confederation – check the poster…
It is worthy to note that the importance of some ministries has changed over the years. For example, when most of the country was agrarian, the Min of Agriculture was more important; also, in the old days, there was no Min of the Environment.
People who process passports, collect taxes, some health services, writing actual laws, making recommendations on policy (environmental, international, energy sector) working in govt departments i.e. fisheries
Living tree – constitution is organic / progressive so that it can adapt to changing times i.e recognition of off rights regardless of sexual orientation, recognition that past practice may no longer be acceptable – residential schools.
Originalism suggests we continue with the laws as they were first written and carry on with the original intent or meaning, unless a formal amendment is made.