The Role of Parliament in Canada

1. The Role of Parliament in Canada • D Brown • Pols 220 • St Francis Xavier University • January 2010

2. Overview of Key Points • Understanding the Structure • Crown/Commons/Senate • Responsible Government Principles • Understanding the Process • Legislative process • Accountability process • Significant Issues • Majority vs Minority parliament • Democratic Deficit • Proposals for reform

3. Parliament of Canada • Crown • House of Commons • Senate

4. Role of the Crown • Opens Parliament (Speech from the Throne) • Formally Appoints Prime Minister, Cabinet • Gives assent to Bills • Prorogues Parliament • Consents to dissolving Parliament and calling elections

5. House of Commons: Key Features • First-Past-the-Post Electoral System • Some provinces over-represented (Senate floor provision) • Rural districts tend to have smaller number of electors • Party discipline is very strict • Gradual adoption of stronger committee roles

6. Basics of Responsible Government • The idea that the Executive is accountable to the Legislature. • Convention that Government (PM and cabinet) must have the confidence of a majority in the House of Commons. • Loss of confidence means government must resign or ask Gov-Gen to call an election.

7. Consequences of Responsible Government (Jennifer Smith) • House of Commons (but also Senate) divides between Government and Opposition (an adversarial relationship) • Parliament decides on bills and other business by simple majority of those present. • Bills for taxing and spending can only originate in the House of Commons, and only be proposed by Government Ministers.

8. Majority vs Minority • Majority…where Government party has 50% or more of seats in House of Commons. • Minority…where Government party has a plurality of seats only. • Confidence votes, and most other business, pass almost automatically in majority House. • Minority House: depends on relations between parties, and outcomes much less certain.

9. Current Commons Representation By Region

10. Current Party Standings –House of Commons • Conservatives 145 • Liberals 77 • Bloc québécois 48 • NDP 37 • Independent 1 • TOTAL 308

11. Functions of the House of Commons • Debate and passage of bills • Voting of “supply” (funds) to maintain government • Holding the executive accountable for its actions • Detailed discussion of public issues in committees • (Opposition): providing a feasible alternative to the Government

12. Ideas for House of Commons Reform • Looser Party Discipline: • clearer rules re confidence votes • more free votes • greater role for caucus (as they do in Alberta) • Bigger Role for Committees • Electoral Reform -- e.g.: Proportional Representation • Other Representation reform • gender parity • Stricter rep-by-pop by province

13. Harper Government’s bill to reform provincial representation in the Commons • Constitution Act, 2007 (Democratic Representation): • Continues practice of reapportioning seats after each 10-year census • There has been a “floor” to each province’s representation since 1915, based on Senate number • In 1985 a “ceiling” on total numbers was imposed • New rules would lift ceiling a bit to allow seat allocation according to “rep-by-pop” in Alberta and BC, and closer to “rep-by-pop” in Ontario

14. Current allocation Atlantic 32 Quebec 75 Ontario 106 Man & Sk 28 Alberta 28 BC 36 Territories 3 Total 308 Proposed Atlantic 32 Quebec 75 Ontario 116 Man & Sk 28 Alberta 33 BC 43 Territories 3 Total 330 Seat allocation in Commons by Province

15. Senate • Its original purpose was as to represent regional and property interests • Its regional allocation and democratic legitimacy are now questioned • Much debate but no progress on reform of functions, allocation, selection • Core function: sober second thought • Occasional flexing of muscle: in law it is almost as powerful as Commons; in practice it is not

16. Functions of the Senate • Debate and passage of bills • Debate and passage of supply (of bills that originate in House of Commons) • Somewhat more detailed scrutiny of bills • Committees review public policy • Not a house of confidence, and therefore not part of responsible government principle • Potentially less partisan.

17. Current Senate Representation By Region

18. Current Party Standings-- Senate • Liberals 49 • Conservatives 46 • PC 2 • Indep/Other 4 • Vacant 5 • TOTAL 105

19. Ideas for Senate Reform • Abolish • Triple E proposal – elected, equal (per province), effective • Charlottetown Accord • – elected by people, or named by provincial legislatures • -- 6 seats for every province, 1 for each Terr., plus Aboriginal seats (to be determined) • Somewhat reduced powers

20. Harper Government’s Senate reform bills • Bill S-4: providing for appointment only after consultative elections • Bill S-6: appointed only for a single limited term of eight years • Current Senators would be “grandfathered”

21. Australian Senate • Elected for six year terms on the basis on state-wide proportional representation • Each State gets 12 Senators • Legislative powers nearly identical to those of the lower house (House of Representatives) • But party discipline still important, regional politics less dominant

23. House of Representatives ALP 83 Liberal 55 National 9 Independent 3 Total 150 Senate ALP 32 Liberal 32 Green 5 National 4 Other 3 Total 76 Australian Party Standings 2008