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Canada’s Government System OverviewCanada is a constitutional monarchy and a parliamentary democracy. This system of government is democratic and the law is its supreme authority. The Government acts in the name of the Crown, but derives its authority from the Canadian people.Canada ’s parliamentary system stems from the British, or “ Westminster”, tradition. Parliament consists of three parts: the Crown; the Senate; and the House of Commons. Laws are enacted once they are agreed to by all three parts. Senators are appointed and Members of the House of Commons are elected. They represent the Canadian people. Hence, ours is a “representative” system of government.Since Canada is a federal state, responsibility for lawmaking is shared among one federal, ten provincial and three territorial governments.ConstitutionCanada ’s Constitution is not found in one single document. The 1867 British North America Act brought Canada into being, but it did not codify all of the new country’s constitutional rules. Rather, it stated simply that Canada was to have a “constitution similar in principle to that of the United Kingdom”. For this reason, some of Canada’s most important rules are not matters of law at all, but conventions or practices. The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedoms and the procedure for amending the Constitution.The Constitution sets forth the system of fundamental laws and principles that outline the nature, functions, and limits of Canada’s system of government, both federal and provincial.Crown and Governor GeneralExecutive authority in Canada is formally vested in the Crown, and it is exercised in its name. The Governor General, acting on the advice of the Prime Minister and the Cabinet (“the Governor in Council”), represents the Crown in Canada, and exercises the powers of government that are reserved for the Crown, by the Constitution:bills that propose to spend government revenues must carry a Royal Recommendation from the Governor General; the Governor General, or his or her delegate, must give Royal Assent in order for a bill to become law; the holders of many important offices are appointed by the Governor in Council; and in theory, it is the Governor General who chooses the Prime Minister, although convention requires that his or her choice be the leader of the party that can command a majority of votes in the House of Commons. CrownThe Crown plays a key role in Canada’s parliamentary system of government. All executive authority is understood to derive from the Sovereign, who is Canada’s formal head of state. The state is embodied in the Sovereign; therefore every one of Canada’s Members of Parliament is required to swear allegiance to the Queen. This is also why the state, in Canada, is often referred to simply as “the Crown”.Canada is, however, a constitutional monarchy, founded on the rule of law and respect for rights and freedoms, and the Sovereign actually retains very few powers and prerogatives. The authority of the Crown is delegated to the various branches of government according to the provisions of the Constitution.Elections are called and laws are enacted in the name of the Crown. No bill may become law without Royal Assent. Formally, the Prime Minister and the Cabinet are the Crown’s council of advisers. They govern in the name and with the consent of the Crown. The Sovereign is represented in Canada by the Governor ernor GeneralToday, with few exceptions, no act of the Crown (or of the Governor General as the Crown’s representative) is carried out without the formal advice and consent of the Prime Minister and Cabinet. The Governor General does, however, have the right to be consulted, to encourage and to warn, and he or she meets regularly with the Prime Minister and senior government officials.The Governor General is responsible for the appointment of the Prime Minister. In practice, he or she must appoint the leader of the party winning the most seats in the House of Commons in a federal election. The Governor General does, however, have some discretion when the governing party in a minority Parliament loses the confidence of the House.The Governor General also dissolves Parliament before elections and opens and closes parliamentary sessions. Again, these actions are taken on the advice of the Prime Minister and the Cabinet. At the beginning of each parliamentary session, the Governor General reads the Speech from the Throne (prepared by the Prime Minister) outlining the Government’s objectives for the upcoming session. In the name of the Sovereign, the Governor General gives Royal Assent to bills passed in the Senate and the House of Commons.Although officially the Sovereign is the head of state, almost all of the Sovereign’s powers over Canada have been assigned to the Governor General. As the Sovereign’s representative, the Governor General is the Commander-in-Chief of Canada’s armed forces. He or she also performs a number of ceremonial functions, and represents Canada in state visits abroad and in other international events. The Governor General is responsible for appointments to many official positions (e.g., judicial and diplomatic).The persons appointed are generally chosen by the federal Cabinet. These are usually referred to as Governor in Council or Order in Council appointments.The Governor General appoints the Lieutenant Governors who are the Queen’s representatives at the provincial level. Their role in each of the provinces is similar to the role of the Governor General at the federal level.The Governor General is appointed by the Queen on the recommendation of the Prime Minister. This means, effectively, that the Governor General is chosen by the Prime Minister. He or she usually holds office for five years, although terms have been extended to as long as seven years.LegislatureParliament is Canada’s legislature. Parliament is the federal institution with the power to make laws, to raise taxes and to authorize government spending. Canada’s legislature is “bicameral”, meaning it has two chambers. Proposed legislation is debated and voted on in both Chambers or Houses—the appointed Senate and the elected House of Commons (often described as the “upper” and “lower” houses).The legislative and executive branches of the Government create the laws of the land. Proposed government legislation (a bill) is introduced in one of the two Chambers (usually the House of Commons) by a Minister. The bill is then subjected to a detailed process of review, debate, examination and amendment through both chambers before it is ready to receive final approval.To become law, all legislation must be adopted by both houses in identical form and receive Royal Assent. Bills calling for the spending of public revenues or for the imposing of taxes must originate in the House of Commons.The Senate, or upper house, is composed of 105 Senators appointed by the Governor General, on the advice of the Prime Minister, to represent Canada’s provinces and territories.The House of Commons, or lower house, is the elected assembly of the Parliament of Canada. Its 308 Members are elected by Canadians eligible to vote. Each successful candidate has received the highest number of votes cast in his or her electoral district or riding.Executive BranchIn Canada, executive authority is vested in the Crown and carried out by the Governor in Council—the Prime Minister and Cabinet.Once appointed, the Prime Minister selects a number of confidential advisors (usually from among the Members of the governing party) who are first made members of the Privy Council. These confidential advisors are then sworn in as Ministers. Collectively, they are known as the “Ministry” or Cabinet. Ministers are usually assisted by other Members who have been appointed as Parliamentary Secretaries.The Prime Minister and the Ministers he or she chooses form the Cabinet. The Prime Minister also appoints junior Ministers to assist individual Cabinet Ministers. Persons appointed to the Cabinet are generally elected Members of Parliament, although it is customary for the Prime Minister to appoint at least one Senator to the Cabinet. Prime Ministers can appoint and dismiss Ministers as and when they wish. They are also free to redefine portfolios and to determine the size of the Cabinet.The Cabinet is the key decision-making forum in the Canadian government. It leads and directs the executive branch of government. It is the effective and functioning part of the Privy Council, the council of advisors to the Crown, which also includes former Prime Ministers, former Ministers, and other persons appointed for special reasons. Privy Councillors are only active in their capacity as advisors to the Crown if they are appointed to be Members of Cabinet. Cabinet acts as an executive council, which meets regularly to develop policies to deal with the issues facing the country, and introduces bills to transform these policies into law.Each Minister is assigned a specific portfolio (area of responsibility) by the Prime Minister, and oversees the operations of the government department(s) corresponding to that portfolio. Ministers lead and direct the various government departments. They are responsible for ensuring that the policies developed by the Cabinet are implemented in and by the departments.A Cabinet (the Cabinet Ministers serving under a particular Prime Minister) lasts as long as the mandate of the Prime Minister who appoints it. It exists from the day the Prime Minister takes the oath of office until the day he or she resigns. As soon as a Prime Minister resigns, his or her Cabinet Ministers cease to hold office. If and when a Prime Minister is returned to office, he or she is expected to form a new Cabinet which may or may not include the same persons who formed the previous one.Resignation may occur following a defeat in a general election, following a vote of non-confidence in the House of Commons, or for other reasons, including the Prime Minister’s desire to retire from public life.Senate of CanadaThe Senate was created to provide “sober second thought” to decisions approved by elected Members of Parliament in the House of Commons.Canada ’s parliamentary system of government requires that Cabinet be responsible to the democratically-elected Members of the House of Commons. The powers of the Senate are therefore limited, though more in practice than in theory.In theory, the powers of the Senate are similar to those of the House of Commons. Bills must be adopted by both Houses in order to become law. The Senate can amend, delay, or refuse to pass bills introduced in the House of Commons. In practice, however, it is rare for the Senate to exercise its powers in such a way as to impede legislation adopted by the House of Commons.There are several important constitutional limitations to the Senate’s powers. Although most bills can be introduced in either the Senate or the House, financial legislation must originate in the House of Commons. While the House has an absolute veto over constitutional amendments, the Senate can usually only delay these.The Constitution requires that Senators be appointed by the Governor General. In practice, however, this role is formal, and Senators are chosen by the Prime Minister, who also chooses the Speaker of the Senate.When there are no vacant Senate seats, the number of Senators is normally 105, although the Constitution permits the appointment of eight additional Senators, to a maximum of 113. Once appointed, Senators normally continue to serve until mandatory retirement at the age of 75. Senators can, however, resign or, in certain limited circumstances, be removed.Contrary to the House, where seats are distributed on the basis of population, each region of the country has an equal number of Senators. Additional seats have been added as new provinces and territories were created.House of Commons of CanadaMembers of the House of Commons are elected periodically to represent Canadians living in defined electoral districts or constituencies (also known as “ridings”) throughout the country. The Constitution sets the maximum length of a Parliament at five years; however, recent changes to the Canada Elections Act provide for fixed date elections every four years.There are currently 308 seats in the House of Commons. The total number of seats in the House has changed over time, as have the boundaries of the constituencies, in order to reflect changes in the Canadian population.Would-be Members of Parliament stand for election on the basis of what they (and their parties) propose to accomplish for their constituents and for the country as a whole. In order to accomplish their goals, Members usually belong to political parties which vote together in the House, and each of which share a common philosophy and “platform” of specific proposals for governing.Members can also run and be elected as “Independents” who are not affiliated with a political party.The Prime Minister is usually the leader of the political party with the greatest number of seats in the House of Commons. He or she is also a Member of Parliament, representing a particular constituency. When the party in power holds more seats than any other party, but falls short of a clear majority in the House, it must rely on the support of Members belonging to other political parties in order to govern; this is referred to as a minority government.The Prime Minister and his Cabinet can continue in office only as long as they enjoy enough support in the House of Commons to allow them to enact laws and gain approval for government spending.The Government of Canada is accountable to the House of Commons for the ways in which it uses its authority. This is because the House must enact the laws and authorize the expenditures without which the Government could neither function nor achieve its goals. The idea of “responsible government” is one of the foundations of our parliamentary system, even though it does not appear in Canada's written constitutional documents.The primary function of the House of Commons is to consider and approve legislation. The Opposition (those Members who do not belong to the governing party) is given the opportunity to question what the Government is doing with legislation and the way it conducts itself. The House also considers items of “Private Members’ Business”, bills and motions proposed by Members who are not Cabinet Ministers. However, the opportunities to debate such matters are limited, and passage of private Members’ bills into law is not a common occurrence.Most bills are considered by committees of the House of Commons as part of the legislative process. In committee, Members are able to have some influence on the form and content of legislation. Members of Parliament also devote time and effort to helping individual constituents, and to addressing needs specific to their ridings.To a large extent, the House of Commons controls its own business. Its ability to modify its own rules and practices to meet the changing needs of Canadians contributes greatly to its effectiveness as Parliament’s key legislative institution.Responsible Government and Ministerial AccountabilityOur parliamentary system requires that the Government be responsive to its citizens; it must operate responsibly and its Ministers must be accountable to Parliament. They can remain in office only while they continue to enjoy the confidence of the House.Ministers have both individual and collective responsibilities to Parliament. As individuals, Ministers are accountable not only for their own actions as department heads, but also for the actions of those who report to and are directed by them. The principle of collective ministerial responsibility holds that Ministers are expected to take responsibility for, and defend, all Cabinet decisions.All governments (majority or minority) must be supported by the majority of Members in the House of Commons. A majority government is supported by the party or the coalition of parties holding the majority of the seats in the House of Commons. Such a government can legislate without the cooperation and consent of the opposition parties. Minority governments can legislate only with the assistance of opposition Members and/or their parties.All questions arising in the House are decided by a majority vote of those Members present. The crucial test of the Government’s power comes in votes of confidence, for in Canada’s parliamentary democracy, a government must enjoy the confidence of the House.Confidence ConventionThe Prime Minister and the Cabinet are responsible to, or must answer for, their actions to the House of Commons as a body and must enjoy the support and the confidence of a majority of the Members of that Chamber to remain in office. This is commonly referred to as the confidence convention.If the Government is defeated in the House on a key (“confidence”) question, then the Government is expected to resign or seek the dissolution of Parliament in order for a general election to be held. It is not always clear what constitutes a question of confidence. Motions which clearly state that the House has lost confidence in the Government, motions concerning the Government’s budgetary policy, and motions which the Government clearly identifies as questions of confidence, are usually recognized as such.The confidence convention is a matter of parliamentary practice and tradition that is not written into any statute or Standing Order of the House, nor is it a matter on which the Speaker can rule. However, confidence motions are generally considered to be:explicitly worded motions which state, in precise terms, that the House of Commons has, or has not, confidence in the government; motions expressly declared by the government to be questions of confidence; implicit motions of confidence, that is, motions traditionally deemed to be questions of confidence, such as motions for the granting of Supply (although not necessarily an individual item of Supply), motions concerning the budgetary policy of the government and motions respecting the Address in Reply to the Speech from the Throne. Political PartiesAlthough they are not mentioned in the Constitution, Canadian parliamentarians usually belong to political parties which are organizations bound together by a common ideology, or other ties, and which seek political power in order to implement their policies.The governing party (usually the party with the most seats in the House of Commons) must be able to win votes in the legislature. Members of the House of Commons belonging to the same party, together with their counterparts in the Senate, are collectively referred to as that party’s parliamentary caucus.In the event that no one party commands a majority in the House, the party with the largest caucus is usually invited by the Governor General to form the Government and its leader becomes the Prime Minister. Such a government can survive only as long as it maintains the confidence of the House, which means that it must obtain the support of one or more of the other caucuses to pass its legislation. If it loses a confidence vote, the Government must resign. The Governor General will then either call an election or ask the leader of another of the political parties to form the Government.In the House of Commons, a political party must have at least 12 sitting Members to be a “recognized party” as set out in the Parliament of Canada Act. Leaders of recognized parties receive additional financial allowances and their parties are entitled to funding for their research offices.Political parties cannot function effectively unless party discipline is maintained. This is the job of the party’s “Whip”, who ensures that Members attend debates, vote with the party when necessary, and represent it on committees. Each party also has a House Leader who negotiates with the House Leaders of other parties to manage the day-to-day business of the House.Role of Opposition Parties in CanadaFunctionally, the House is divided into three groups: the Ministry and its Parliamentary Secretaries; Members who support the Government; and Members who oppose the Government. Members in opposition may belong to registered parties or they may be independent of any party affiliation.By convention, the opposition party with the largest number of seats in the House is designated as the Official Opposition. The Official Opposition takes first place among the other recognized parties in opposition, and certain important rights and privileges are reserved for it and its leader. These include unlimited time for the leader to participate in certain debates, the right to ask the first question during the daily question period and other similar advantages.The leaders of recognized opposition parties usually sit in the front row of the Chamber. Each is the first Member of his or her party to be given the floor should he or she rise to ask a question during Question Period. The Standing Orders of the House of Commons provide opportunities for recognized opposition parties to respond to Ministers’ statements, to propose motions on allotted or opposition days and to chair certain standing committees.Opposition parties lead and focus on the representative and watchdog functions performed by Members of Parliament; they work to ensure that legislation is carefully considered, and that differing views on important initiatives are publicly expressed and defended.The Leader of the party gaining the second largest number of seats in the House of Commons in an election generally becomes the Leader of the Official Opposition as long as he or she is an elected Member of the House. If this is not the case, a Member of the Official Opposition is designated as Leader of the party’s caucus in the House. In the event that in second place there are two parties holding the same number of seats, the Speaker of the House of Commons designates one of the two as the Official Opposition. The Leader of the Official Opposition enjoys a number of privileges in recognition of the important role he or she plays in our parliamentary system. By law, he or she must be consulted before certain important decisions are taken by the Government and before certain important appointments are made.When government bills and motions are introduced, the Leader of the Official Opposition or another Member of the Official Opposition is usually recognized in debate immediately after the Minister who speaks first on behalf of the Government. Time to debate bills and motions is distributed in proportion to the number of Members each party has in the House of Commons.Reports from parliamentary committees may include supplementary or “dissenting” opinions or recommendations from committee members. A Member of the Official Opposition may provide a brief overview of these supplementary comments, following the presentation of the committee’s report in the House of Commons.The role of the Opposition in our parliamentary system reflects the premise that a delicate balance must be maintained between permitting elected governments to govern and legislate effectively, and ensuring that power is exercised with care and with respect for minorities and for dissenting views. ................
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