Government in Canada

What is the purpose of Government?

How has government affected you today?

Purpose of Government:

Government sets and enforces the rules so that large groups of people can live together in peace and security

To protect us - rights/ freedom- property /nation

To provide services :-water -highways - buses- health care -electricity -education

In a free society all citizens must obey society’s rules but are treated equally

Government exists to make society function smoothly

Types of Government

• What do you know about these?• Monarchy-• Dictatorship-• Oligarchy-• Aristocracy-• Democracy-• Government ? What Type?

Basics terms to know:

Freedom- rights of the individual are most important

Equality- all individuals are treated the same way

Example :Intellectual Freedom – freedom and the right to believe and

think in what a person wishesIntellectual Equality– people are meant to think the same

Political Ideologies

Ways people think politically• Five Major Ideologies:

• Liberalism• Reform Liberalism

• Conservativism• Socialism• Communism• Fascism

1. Liberalism- classic

• Response to the Industrial Revolution• -believes in economic and intellectual freedom• -ability/effort = success • - sees people as good less government • -commitment to progress

Reform liberalism

• late 1800’s• -John Maynard Keynes said “All people have

access to the basics in life” (food, shelter, etc)• -stronger commitment towards economic

equality• - government should step in on a limited basis

and control the economy/ debt will rise

2. Conservatism

• - late 1700’s • - influenced by Edmund Burke• - response to liberalism- to conserve traditional

society • -the monarch ruling over Parliament• -believe in economic freedom (capitalism) • -believed later on in progressive change (nothing

radical)• -believe in intellectual equality (moral issues public)

3. Socialism

• - early 1800’s• -Jean Jacques Rousseau’s response to the

Industrial Revolution• -believed that government needed to be heavily

involved in workplace to create economic equality and intellectual freedom for citizens

• -government should control economy, health care and welfare

4. Communism

• – Karl Marx and Fredrick Engels• -focused on negative effects of capitalism- wealthy

few• -believed in economic equality and public

ownership • -no private property/ no economic freedom• -violent overthrow of wealthy classes by working

proletariat• -in theory-true communism has little government

5. Fascism• 1920’s- 1945• -key figures were Hitler and Mussolini• -ruled by a strong” father figure”- mythical links to the

past• -believe freedom only if it contributes to the state • -all economic and intellectual resources directed

towards the purpose of building a militarily strong, fiercely proud, united country

• -tight regulations on economic and intellectual freedom

Political SpectrumLeft Centre Right

Canadian Political Parties

Canadian Political Parties

• Canadian political parties tend to be moderate in nature

• Left Wing Centre Right Wing New Democrats Liberal ConservativeGreen Party? Reform Party

Communist Party

Provincial Test Question

Which Canadian political party has been historically supportive of labour unions?

A. Green PartyB. Liberal PartyC. Conservative PartyD. New Democratic Party

Provincial Test Question

strong military private ownership of property allowed

priority of the state over individual rights

What political ideology is associated with this list?

A. fascismB. socialismC. communismD. conservatism

Provincial Test Question

• moral standards should override individual rights• traditional values should be preserved• large corporations should be given tax breaks

2. Which political ideology is associated with this list?• A. socialism• B. liberalism• C. communism• D. conservatism

The Canadian GovernmentConstitution: • Is the supreme law or theory of government, and contains the laws,

organs, responsibilities, and institutions needed to govern• The Constitution lays out:• purpose of our country and how it is to be run• who is responsible for the affairs of our country• it lays out the division of powers and who has authority over what • it states who, how and when officials are to be elected and who has the

rights and responsibilities to vote • it lays out the rights and responsibilities of its citizens (Charter of Rights

and Freedoms)• Canada’s Constitution has its roots in British tradition (parliamentary

system) with influence from the United States (federalism)

Canadian Government

Canadian Constitution

• The patriation of the Canadian Constitution was achieved in 1982 when the British and Canadian parliaments passed parallel acts – the Canada Act, 1982 ([UK] 1982, c.11) in London, and the Constitution Act 1982 in Ottawa. Thereafter, the United Kingdom was formally absolved of any remaining responsibility for, or jurisdiction over, Canada; and Canada became responsible for her own destiny. In a formal ceremony on Parliament Hill in Ottawa, the Queen signed both acts into law on April 17, 1982.

The Charter of Rights and Freedoms

• The Canada Act/Constitution Act included the Canadian Charter of Rights and Freedoms. Prior to the Charter, there were various statutes which protected an assortment of civil rights and obligations, but nothing was enshrined in the Constitution until 1982. The Charter has thus placed a strong focus upon individual and collective rights of the people of Canada.

The Charter of Rights and Freedoms

• The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all levels of government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982 (along with the rest of the Act).

Fundamental freedoms

• Fundamental freedoms • section 2, namely freedom of conscience,

freedom of religion, freedom of thought, freedom of belief, freedom of expression, freedom of the press and of other media of communication, freedom of peaceful assembly, and freedom of association.

Democratic rights

• Democratic rights: generally, the right to participate in political activities and the right to a democratic form of government:

• Section 3: the right to vote and to be eligible to serve as member of a legislature.

• Section 4: the maximum duration of legislatures is set at five years.

• Section 5: an annual sitting of legislatures is required as a minimum.

Mobility rights

• Mobility rights: (section 6): the right to enter and leave Canada, and to move to and take up residence in any province, or to reside outside Canada.

Legal rights• Legal rights: rights of people in dealing with the justice system and

law enforcement, namely: • Section 7: right to life, liberty, and security of the person. • Section 8: freedom from unreasonable search and seizure. • Section 9: freedom from arbitrary detainment or imprisonment. • Section 10: right to legal counsel and the guarantee of

habeas corpus. • Section 11: rights in criminal and penal matters such as the right to

be presumed innocent until proven guilty. • Section 12: right not to be subject to cruel and unusual punishment. • Section 13: rights against self-incrimination • Section 14: rights to an interpreter in a court proceeding.

Equality rights

• Equality rights: (section 15): equal treatment before and under the law, and equal protection and benefit of the law without discrimination.

Language rights:Generally, the right to use either the English or French language in

communications with Canada's federal government and certain provincial governments. Specifically, the language laws enshrined in the Charter include:

Section 16: English and French are the official languages of Canada and New Brunswick.

Section 16.1: the English and French-speaking communities of New Brunswick have equal rights to educational and cultural institutions.

Section 17: the right to use either official language in Parliament or the New Brunswick legislature.

Section 18: the statutes and proceedings of Parliament and the New Brunswick legislature are to be printed in both official languages.

Minority language education rights

• Minority language education rights: • (Section 23): rights for certain citizens

belonging to French or English-speaking minority communities to be educated in their own language.

Language rights:• Section 19: both official languages may be used in federal and New

Brunswick courts. • Section 20: the right to communicate with and be served by the

federal and New Brunswick governments in either official language.

• Section 21: other constitutional language rights outside the Charter regarding English and French are sustained.

• Section 22: existing rights to use languages besides English and French are not affected by the fact that only English and French have language rights in the Charter. (Hence, if there are any rights to use Aboriginal languages anywhere they would continue to exist, though they would have no direct protection under the Charter.)

The Amending Formula

• The general formula is set out in section 38(1), known as the "7/50 formula", requires: (a) assent from both the House of Commons and the Senate; (b) the approval of two-thirds of the provincial legislatures (at least seven provinces), representing at least 50% of the population (effectively, this would include at least Quebec or Ontario, as they are the most populous provinces).

• This formula specifically applies to amendments related to the proportionate representation in Parliament, powers, selection, and composition of the Senate, the Supreme Court and the addition of provinces or territories.

Notwithstanding Clause

• Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (or "la clause dérogatoire" in French), or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter.

Provincial Test Question• Use the following newspaper headline to answer question

The Ottawa Examiner

FEDERAL AND PROVINCIAL

GOVERNMENTS FIGHT OVER

AMENDING FORMULA

Which document is associated with this headline?A. Bilingualism ActB. Canada Elections ActC. Constitution Act, 1982D. Universal Declaration of Human Rights, 1948

Provincial Test Question

Which section from the Canadian Charter of Rights and Freedoms would prevent a government

agency from discriminating on the basis of gender?

A. equality rightsB. mobility rightsC. democratic rightsD. fundamental freedoms

Provincial Test Question

What is the function of the notwithstanding clause in the Canadian Constitution?

A. It authorizes governments to override certain rights and freedoms.

B. It states all Charter rights are guaranteed equally to men and women.

C. It clarifies the responsibility of the territorial governments in the Charter.

D. It allows courts to award remedies to those whose rights have been denied.

Provincial Test Question

Which two factors provide the basis for the amending formula of Canada’s Constitution?

A. population and number of provincesB. language and regional representationC. ethnic balance and religious diversityD. economic growth and residual powers

Canadian Government

Canada is a Constitutional Monarchy

• Queen Elizabeth II• The Queen is the official Head of State but has

a very limited role in our day to day governmental affairs

• The constitution clearly lays out her role as a figure head

• But what does Rick Mercer think?

Canadian Governmental Structure

Federalism: Canada has three levels of government

• 1)National 2) Provincial 3) Municipal

• This type of structure serves our nation well because of our country’s size and varying regional concerns

• Both central and regional governments have clearly defined powers

Parliamentary Democracy

• Canadians have a representative democracy (roughly 100,000/1 seat in House of Commons)

• Our elected officials are responsible to the electorate – responsible government

• Canada has universal sufferage (everyone over 18 votes)

Branches of Government

• At both Federal and Provincial Levels

• 1) Executive • 2) Legislative• 3) Judicial

Executive Levels

• a)Federal- Gov. Gen., PM, Cabinet b)Provincial- Lt. Gov., Premier, Cabinet c)Municipal- Mayor, Counsellors

Executive Branch(Federal)

• Queen• -Head of State –Queen Elizabeth II• -no bill becomes law without Royal Assent• • Governor General • – The Right Honourable David Lloyd Johnston• -Queen’s representative (gives royal Assent)• -appointed by Prime Minister (for 6 years max.)• -opens Parliament- reads Speech from the Throne• -greet foreign dignitaries – present awards

Prime Minister

Currently Stephen Harper -leader of the party with the most elected

representatives in the House of Commons (we don’t directly pick our leader)

The Prime Minister lives at 24 Sussex Drive

Canadian Government

Who’s Who in Parliament?

Prime Minister

• -As head of the Government:• -asks Governor General to call elections, name

judges/senators• -chooses and changes Cabinet members• -Privy Council Office- does research on any proposals to

be made by Cabinet-advice should be impartial but jobs are appointed by PM

• - Prime Ministers Office – gives advice to PM on political decisions – Principal Secretary runs PMO (+1000 workers) usually a close friend of PM

•

Prime Minister

• -As a national leader:• -represents Canada international• -works with provincial premiers in order to

coordinate and share responsibilities• -addresses Canadians on issues of national

concern and explains goals of ruling party

Cabinet Ministers

• –chosen by Prime Minister• -they are members of the ruling party who are

given responsibility of a department or ministry

• -receive advice from ministry to draw up new laws to send to parliament

• - accepts responsibility for budget and actions of ministry

Executive Branch (Provincial)

• 1. Lt. Governor- Judith Guichon • 2. Premier- Christy Clark (Liberal)• 3. Cabinet Ministers

• The Executive powers of the Provincial Executive parallel the Federal Executive level

Legislative Branch (Federal)

• The Senate• The House of Commons

The Senate Upper Legislative Chamber• -Representation in the Senate is based on five regions. • -Total of 105 seats(112 max.) Ont. 24/Que. 24/West

24/Maritimes 24/ Nfld and Terr. 9• -Function is to approve legislation ‘Sober Second thought.’• -Quorum- 15 senators are needed to be present for business • -Qualifications for Senator• -30 years of age• -Canadian citizen• -Property and assets of $4 000• -Appointed by the Governor General on the advice of the PM

until the age of 75

2. House of Commons

• Lower Legislative Chamber• -Representation is by population. New for this next

election -total of 338 seats was 308• Adjusted every 5-10 years (census)• -Function is to create and approve legislation • -Quorom- 20 MP’s are needed present for business• -Qualifications(MP’s) -18 years of age• Canadian citizen and resident of riding• $200 bond.( refundable on 50% of vote)• 25-50 backing signatures

House of Commons• -Elected in their riding for a term of up to five years.• -duties include : debate issues, introduce bills, debate

government policies, pass bills into law or defeat bills, repeal or amend old laws

• -In the House there are members of the Government• (composed of Cabinet and backbenchers) and members

of the Opposition whose duty it is to criticize all government bills

• - the party that came second in the election becomes the “Official Opposition” and they have a “shadow cabinet” that leads debate when the government introduces new bills

• - our current MP is John Duncan (Conservative)

Provincial Test Question

What is a factor in determining the size of a riding?

A. number of peopleB. age of constituentsC. ethnic compositionD. economic diversity

Provincial Test Question

What name is given to an electoral region in Canada?

A. pollB. countyC. territoryD. constituency

Provincial Test Question

What name is given to an electoral region in Canada?

A. pollB. County Or a ___________?C. Territory ___________?D. constituency

Provincial Parliament Legislative branch

• -Representation is by population at a suggested ratio of 50 000=1. Total 85 seats. Adjusted every 5-10 years(census)

• -Function is to create and approve legislation• -Qualifications(MLA’s)- see House of

Commons

Legislative Process (How a Bill becomes a Law)

• The Role of the Cabinet• -proposal is presented to cabinet- it is

accepted or rejected -if accepted it is drafted by Department of Justice lawyers

Legislative Process (How a Bill becomes a Law)

• The Role of the House Of Commons • - A Notice of Motion is given by the mover (cabinet

minister who is responsible for bill). Entered on to the Speaker’s agenda or Order Paper

• -First Reading- printed copies of the bill are distributed.• -Second Reading- the Bill is debated in principle and

voted on. If passed the bill moves to Committee Stage where it is examined clause by clause and amended

• -Third Reading- the amended bill is adopted or rejected after it is debated

Question Period

Legislative Process (How a Bill becomes a Law)

• The Role the Senate• The bill goes through three readings and is

passed or rejected• The Role of the Crown• Governor General signs the bill in the name of

the Queen- this is known as ‘Royal Assent.’ • • It then moves back to the Executive Cabinet to

be put into action by the appropriate ministry.

Provincial Test Question

When does Royal Assent occur?

A. when a bill is signed into lawB. when the British monarch patriates the ConstitutionC. when the Official Opposition seeks the right to

governD. when the Prime Minister requests that Parliament

be dissolved

Elections in Canada

• YouTube - RMR: Canada Explained• Election Machinery• -Elections in Canada were held at least every five

years but recent changes have taken place: • On November 6, 2006, the Parliament of Canada

passed Bill C-16, An Act to Amend the Canada Elections Act. It requires that each general election is to take place on the third Monday in October, in the fourth calendar year after the previous poll, starting with October 19, 2009.

Provincial Test Question

How do private members’ bills differ from other bills?

A. They originate only within opposition parties.B. They have a greater chance of passing into law.C. They allow backbenchers to introduce legislation.D. They permit non-elected Canadians to propose bills.

Elections in Canada

• -The P.M. asks the Governor General to dissolve parliament -elections run on average 50 days – usually vote on a Monday between 9am-8pm

• -The Chief Electoral Officer is in charge of conducting the election in accordance with the “Election Act of Canada”

• -Enumerators compile a list of all eligible voters in each riding

Elections in Canada

• -A Returning Officer is appointed for each riding – he makes sure that nomination of the candidates and their paperwork is filed properly –he also appoints Deputy Returning Officers who are responsible for each polling station-supervising the balloting, the vote counts and when the polls close they are responsible for tabulating the results (handling any recounts if necessary) and reporting the results to the Returning Officer

Elections in Canada

• -Each candidate may have a scrutineer at the polling station to make sure the vote is carried out fairly

• -Most Canadian elections get around 70 % turn-out (lower recently)

• -Liquor outlets are closed while polls are open• -Media cannot report results until after polls

close

The Politics of Elections

• -A Leadership Convention is held before each election to confirm the support of the leader (National or Provincial)

• -membership drives, fundraising, drafting policy, conducting polls to determine when to call the election are all in the planning stage because there are only 50 days to win votes

• -campaign strategy must involve a platform that appeals to a wide range of voters – it must be easy to deliver on TV

Provincial Test Question

1. tabulating2. voting3. Campaigning

• 7. What is the correct chronological order of this list?A. 2, 1, 3B. 2, 3, 1C. 3, 1, 2D. 3, 2, 1

Provincial Test Question

What is the correct order of the stages in the electoral process?

A. 1, 2, 3B. 1, 3, 2C. 3, 1, 2D. 3, 2, 1

Provincial Test Question

Which of the following is a characteristic of a minority government?

A. It relies upon the Cabinet to call an election.B. It requires the support of the Speaker to pass legislation.C. It needs the approval of the Governor General to

appoint Senators.D. It must seek Senate approval to introduce legislation in

the House of Commons.

Provincial Test Question

High school graduates leave British Columbia to study and work in other provinces.

What section of the Canadian Charter of Rights and Freedoms is associated with this statement?

A. legal rightsB. mobility rightsC. education rightsD. democratic rights

Provincial Test Question

Which of the following actions could lead to a dissolution of the House of Commons?

A. A Senator disagrees with party policy.B. The Official Opposition opposes a major bill.C. A vote of non-confidence passes in the Lower House.D. The governing party has been in power for three

years.

The Politics of Elections

• -all appearances of candidates must consider the media and involve photo opportunities, handshaking and short clips of candidate delivering his message to win votes

• - the candidate must work hard to present themselves as a leader, people feel free to talk to and to represent them

• YouTube - Rick Mercer Report Election Kids• Rick Mercer- Student Vote

Provincial Test Question

Election Results – 2000Bloc Québécois 38Progressive Conservative Party 12Canadian Alliance Party 66Liberal Party 172New Democratic Party 13

Total Number of Seats in Parliament 301

What type of government was formed as a result of this federal election?A. unionB. minorityC. majorityD. coalition

THE JUDICIAL SYSTEM• The Constitution of Canada is the supreme law of

Canada. It defines and limits the legal powers of the lawmakers. The Charter of Rights and Freedoms takes precedence over any laws passed by any government in Canada – it protects the fundamental freedoms of Canadians. Laws spell out our rights, privileges, and powers we enjoy as citizens and balance them with the duties expected of us. Laws protect our lives and property from criminal conduct and, in turn, we must agree to behave responsibly towards others citizens and our society.

Main Categories of Law

• A. Private Law – civil law deals with areas of law related to disputes between individuals – emphasis is to have victims (plaintiff) compensated in some way by the alleged wrongdoer (defendant)– usually under provincial jurisdiction

• 1. Contract Law – deal with legal binding agreements• 2. Tort Law - concerns wrongs committed by one

person against another – sue for damages• 3. Family Law – deals with relationships among family

Main Categories of Law

• B. Public Law- deal with issues related to matters between citizens and government or between levels of government.

• 1. Constitutional Law – concerns the division of power between levels of government (e.g. jurisdiction)

• 2. Administrative Law – concerns issues between individuals and government agencies

• 3. Criminal Law – cases committed against Canadian society in general are carried out in the name of the Crown. The Crown lawyers (prosecution) must prove the defendant guilty (the accused does not need to prove innocence).

Criminal Code of Canada

• Criminal law is under the Criminal Code of Canada

• There are three basic elements of criminal law• 1. Presumption of innocence- has to be

proved guilty• 2. The Criminal Act- a criminal act under

Canadian law• 3. Mens Rea- intended to commit a crime -

“guilty mind”

Criminal Code of Canada

• Crimes are either:• a) Summary conviction offenses- generally less

serious crimes with maximum penalty of 6 months

• b) Indictable offences – more serious crimes

– penalty over 5 years.

Main Categories of Law

• A. Private Law – civil law deals with areas of law related to disputes between individuals – emphasis is to have victims (plaintiff) compensated in some way by the alleged wrongdoer (defendant)– usually under provincial jurisdiction

• 1. Contract Law – deal with legal binding agreements• 2. Tort Law - concerns wrongs committed by one

person against another – sue for damages• 3. Family Law – deals with relationships among family

Main Categories of Law Continued

• B. Public Law- deal with issues related to matters between citizens and government or between levels of government.

• 1. Constitutional Law – concerns the division of power between levels of government (e.g. jurisdiction)

• 2. Administrative Law – concerns issues between individuals and government agencies

• 3. Criminal Law – cases committed against Canadian society in general are carried out in the name of the Crown. The Crown lawyers (prosecution) must prove the defendant guilty (the accused does not need to prove innocence).

Law Enforcement• Police help ensure Canadian society is safe and orderly

• RCMP or local police enforce criminal laws

• laws try to strike a balance between allowing police the power to do their jobs and protect the rights of individual Canadians (Charter of Rights and Freedom pg. 299 in text)

• Police must have “reasonable and probable grounds” before arresting someone. Police may only use “reasonable and necessary” force while making an arrest. Police must read the accused his rights. Police may question anyone who may have information related to a criminal investigation.

• Accused has the right to know why they are being held, that they have a right to contact a lawyer for legal advice (without cost), and a right to a speedy court trial.

The Court System

• The provinces are responsible for the administration of justice.• Court systems vary from province to province.• Judges interpret and apply the law- they are appointed

by the government of the day and are meant to be unbiased and free of government influence- the Supreme Court is highest court in Canada. Lower court trials are heard by a judge or justice of the peace. More serious crimes are heard by a judge and jury -of 12 peers. Our system allows a court decision to be appealed to a higher court.

CRIMINAL PROCEDURES IN CANADA

• Arrest-accused must now appear before a judge within 24 hours

• Bail Hearing – decision to release on bail/set appearance date

• Appearance before a Provincial Court Judge – plea is entered, not guilty or guilty

• Preliminary Hearing – determine if evidence warrants trial

CRIMINAL PROCEDURES IN CANADA CONTINUED…

Trial • (a) charges read• b) accused enters plea and the jury is selected• c) Crown attorney presents evidence against accused• d) defence attorney presents evidence in favour of accused• e) both Crown and defence present final arguments• f) verdict is handed down and sentencing done• Sentencing is meant to: • a) act as a deterrent• b) be a punishment • c) to protect the public• d) begin rehabilitation

The Penal System

• When a person is convicted of a crime the judge has the following options: absolute discharge, fines to the court, compensation to the victim-community service, probation, incarceration (imprisonment).

• Prisoners will serve time in a provincial prison for shorter sentences

• Longer sentences are served in a federal prison -minimum, medium or maximum security- according to the level of threat of the inmate.

The Penal System Continued

• The purpose of corrections system is to protect Canadian society by controlling dangerous individuals. The system in based on the principle of rehabilitation and provides inmates with educational and vocational training programs.

• The “restorative justice” concept was introduced by the courts as a response to Canada’s high rate of incarceration, the costs of incarceration ($60,000/year) and the lack of success of rehabilitation. This alternative system focuses on correcting or repairing the damage done to the victim by the offender. This concept is used at the community level for less serious crimes.

Youth Crime

• The debate over the handling of young offenders in Canada has been a long one involving the following issues;

• at what age is a youth an adult• at what age should a youth be charged• how harsh/lenient a sentence for youth offenders• is the emphasis on rehabilitation or punishment for youth• In 2000 the Youth Criminal Justice Act was passed as a response

to the Young Offenders Act of 1984 appeared to be too lenient for many Canadians. The new Act still maintains the following:

• Youth between 12 and 17 have all legal rights under the Charter

Youth Crime Continued

Youth have special rights because of age and are dealt with in a separate court by a judge alone who decides on the disposition (or sentence)

• -youth may not be named in media (or others in proceedings)• -police and court records are confidential and destroyed at

adulthood-exception to this rule involve more serious crimes like assault, sexual assault and murder

• -Maximum jail sentence is five years except for youth over 14 charged with serious crimes -they may be transferred to adult court which could result in adult sentences

Youth Court Dispositions

1) absolute discharge2) conditional discharge (depending on

circumstances3) fine up to $1000 4) payment of costs and up to 240 hrs of

community service5) probation up to two years6) open or secure custody for up to five years

End of Government Unit !

• Now you should know all the terms used in government.

• Do you have a future in Political Science?• See if you can understand the terminology

used by today’s politicians.