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Government & Law The Structure of Canada ’ s Government. What is Government?. Formal system of decision making Govt acts according to established rules and procedures – traditions Institutions carry out govt ’ s work. Foundations of Our Government. First Nations Hereditary title
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What is Government? • Formal system of decision making • Govt acts according to established rules and procedures – traditions • Institutions carry out govt’s work
Foundations of Our Government • First Nations • Hereditary title • Elected leaders • Community leadership • Oral traditions • European Roots of Canadian system • British parliamentary tradition basis for federal & provincial governments • Representative democracy • Constitutional monarchy
Parliament Hill www.arrakeen.ch/
Queen of Canada http://en.wikipedia.org
Representative democracy • Democracy – rule by the people • Greek – direct - eligible citizens vote o all decisions affecting society • Representative – elected representatives make decisions on our behalf
Constitutional Monarchy • Monarch as Head of State • Queen Elizabeth II is Queen of Canada • Governor General is Monarch’s representative in Canada • QEII does not actually rule Canada but safeguards democracy • Laws cannot be ignored http://collections.ic.gc.ca
Written Constitution • 1867 British North America Act (BNA) • Amended in 1982 • Powers of provincial legislatures & Parliament • Charter of Rights and Freedoms • An amending formula (7/10 >50% population) • Unwritten constitution • Rules & practices that are not written but are based on 1000 years of parliamentary tradition inherited from Britain e.g.: no mention of political parties in the Constitution but important part of our system
Federal System • An organization of regional governments (provinces) acting on behalf of its own residents with a central govt responsible for matters of the nation as a whole – federalism • Federal e.g.: • Citizenship • Defense • Currency • Residual powers – new areas that did not exist then • Provincial e.g.: • Education • Health care • Shared e.g.: • Agriculture • Environment
Municipal Government • Local, municipal provides essential services such as • Garbage collection • Sewage treatment • Fire protection • Policing • Water supply • Establishment of schools
What level of govt? www.canadabay.nsw.gov.au www.forces.gc.ca/ www.radio-canada.ca/ www5.kcn.ne.jp
Parliamentary System • Executive • Power to make decisions and administer through civil service • Legislative • Power to make laws • Judicial • Power to interpret and administer the law • Carried out by judiciary (judges & courts)
The Federal Government • Legislative Branch • comprised of • Governor General • House of Commons • Senate • Parliament must meet once a year (session) • Passes, amends, repeals laws – debates • Question periods
House of Commons • Elected Members of Parliament (MPs) • Elections every 5 years • Canada divided into ridings (constituencies of approx 100,000 people each) • Population decides number of seats • Speaker of the House controls debates • Members sit with parties • Ruling party on one side; opposition on other • Opposition scrutinizes actions of govt
House of Commons (Lower House) www.craigmarlatt.com
How do MPs vote? • Elected representatives of each party hold private meetings called caucus • Discuss, argue freely • Leader explains party policy, programmes, actions • Once decision is made, tradition holds that members will vote in favour of party’s position • Free vote – allows members to vote according to what they believe is best
The Senate (Upper House) • Independent of House of Commons • Appoints own Speaker • Governor General appoints Senators on recommendation of PM • Canadian citizens • At least 30 years old • Living in province they represent • Own at least $4000 worth of property
The Senate (Upper House) • Main role to provide final check on legislation passed in Lower House • Senate may also introduce bills • Regional representation – by population • Appointments based on patronage • Some believe Senate represents upper income groups and party interests
The Executive Branch • Consists of • Governor general • Prime Minister • Cabinet • Civil Service • Governor General • Monarch’s representative • Gives formal assent to bill before it becomes law • Ceremonial function • Advisor to the govt
The Prime Minister • Leader of party with most elected members of the House of Commons is invited to become Prime Minister by Governor General • Head of Government • Ask Gov Gen to name new judges • Best time to ask Gov Gen to call election • Chooses & shuffles Cabinet • Addresses Canadians on issues of national concern • Explains goals of ruling party (party leader) • Represents Canada internationally • Works with Premiers • Patronage appointments – Senate, diplomatic corps
The Cabinet • Elected party members chosen by PM • Each cabinet minister is responsible for a particular govt dept • Reflects nation • Gender • Ethnicity • Cultural, social and linguistic diversity • Free opinions in Cabinet meetings but Cabinet Solidarity publicly (party whip to ensure solidarity and attendance for voting)
The Public Service • Civil service/bureaucracy • Permanent employees doing govt business • The face of govt • Duties • Gather stats • Write details for new laws • Represent Canada abroad • Carry out laws • Collect taxes • Monitor imports & exports • Process passports • Deliver mail • Advise ministers • Draft laws
Provincial/Territorial Governments • 3 branches • Executive • Legislative • Judicial • Premier is leader of government • Lieutenant Governor represents Monarch • One house (Legislature; National Assembly in Quebec) • MLA or MPP
Education • Provincial curriculum • Local School Boards • Regulate teachers
Environment • Policies and laws about how resources are managed • Balance current demand plus future use – sustainability
Health Care & Social Welfare • Shared with federal govt • How to provide care • Hospitals, testing, long term care • Aging population • Require more health services • Preventative care • 2 tier? • Social welfare • Disabled • Single mothers
Transportation • Urban transit • Develop railways, ports, highways and airports
Negotiating with the Federal Govt • Equalization and transfer payments • Work constantly to redefine balance of power • Disputes resolved through Supreme Court of Canada
Local Governments • Town council • Elected officials - councillors • Leader – Mayor • Bylaws
Aboriginal Self-Government • Band councils or elders • Leader – Chief • Negotiate with Federal and Provincial govt http://www.kib.ca/chief.htm