Government and Law Making

1. Government and Law Making The three levels of government and the process of enacting a statute

2. Three Branches • Our federal and provincial governments are made up of three (3) branches: The Executive Branch The Legislative Branch The Judiciary Branch

3. The Executive Branch • Responsible for carrying out the government’s plans and policies • Two levels= federal and provincial levels • Composed of the Prime Minister, members of the Cabinet, and the public or civil service

4. Federal Level of Government Queen Governor General Prime Minister Cabinet Public or Civil Service

5. Provincial Level of Government Queen Lieutenant- Governor Premier Cabinet Public or Civil Service

6. The Legislative Branch • Also called Parliament • Has the power to make, change, and repeal laws • It is this branch that actually passes statute laws • Consists of both the House of Commons and the Senate • Role of the Senate= to act as a check on laws passed by the Members of Parliament in the House of Commons

7. Federal Level of Government Governor General Senate (Upper House) House of Commons (Lower House)

8. Provincial Level of Government Lieutenant- Governor Legislative Assembly

9. The Judiciary Branch • Responsible for presiding over Canada’s court system -to act as an independent third party in legal disputes and to clarify the law • Made up of justices/ judges who are appointed by government -they cannot be removed from office by government once they are appointed • Highest court= Supreme Court of Canada

10. Judiciary continued... • Three (3) levels of provincial courts= the Provincial Court of Appeal The Superior Court Appointed by the(for serious offences) federal government The Provincial Court (for less serious matters) appointed by provincial

11. Enacting a Statute • The power to make or pass laws is in the hands of the government only • If an existing law is found to conflict with the Canadian Charter of Rights and Freedoms, the law is struck down

12. Introducing a Law • Bill: proposed legislation • Government or public bill: legislation proposed by a Cabinet minister -rarely defeated if government holds a majority of seats in the House of Commons • Private member’s bill: legislation proposed by an MP who is not in the Cabinet -more difficult to pass than a government bill due to lack of Cabinet support from the start -may be initiated by citizens, lobby groups, or corporations, but is introduced by an MP

13. The Stages of Passing a Bill Idea Draft Legislation First Reading -bill is introduced and read for information -MPs can also conduct research to prepare for debating the bill in the House of Commons Second Reading -debate; each member is allowed to speak once about the bill -bill may be referred to committee for revision and further examination Third Reading -refresh the members’ minds regarding details of the bill, including any changes that may have been made by the committee

14. Vote! • After the bill passes the third reading, a final vote is taken Third Reading Vote Held Federal System Provincial System -steps are repeated in the Senate -Governor General -Royal Assent and Proclamation -Lieutenant-Governor -Royal Assent and Proclamation

15. The Role of Individuals and Interest Groups • Laws are amended because ordinary citizens convince legislators that change is necessary -example: the prohibition of alcohol; suicide was considered a criminal act • Lobby groups: people who try to influence legislators in favor of their cause -example: MADD; Coalition for Gun Control • Royal Commissions also influence law and their role is to conduct impartial investigations of specific national problems -example: Canada’s blood-supply system

16. Court Case Royal Commission on Aboriginal Peoples, 1996 (Page 68)