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How Canadians
Govern Themselves
Eugene A. Forsey
Cover photos:
Library of Parliament/Mone’s Photography (flag)
Library of Parliament/Len Staples (Parliament Buildings)
Canadian Tourism Commission
Preface
How Canadians Govern Themselves, first For information on how to obtain
published in 1980, explores Canada’s additional copies of this booklet,
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Preface
i
How Canadians Govern Themselves
Table of Contents
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
Note on the Author . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Parliamentary Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ITS ORIGINS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
HOW IT OPERATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A Federal State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
OUR CONSTITUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Powers of the National and Provincial Governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Canadian and American Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
The Rule of Law and the Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
The Institutions of Our Federal Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
THE QUEEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
THE SENATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
THE HOUSE OF COMMONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
POLITICAL PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
THE PRIME MINISTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
THE CABINET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
THE SPEAKERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
What Goes On in Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
OPENING OF A SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
A WORKING DAY IN THE COMMONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
END OF A SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Table of Contents
iv
How Canadians Govern Themselves
Introduction
Governments in democracies are elected Governor General, except when the
by the passengers to steer the ship of Queen is in Canada.
the nation. They are expected to hold it
on course, to arrange for a prosperous The Governor General, who is now
voyage, and to be prepared to be thrown always a Canadian, is appointed by the
overboard if they fail in either duty. Queen on the advice of the Canadian
Prime Minister and, except in very
This, in fact, reflects the original sense extraordinary circumstances, exercises
of the word “government,” as its roots all powers of the office on the advice of
in both Greek and Latin mean “to steer.” the Cabinet (a council of Ministers),
which has the support of a majority of
Canada is a democracy, a constitutional the members of the popularly elected
monarchy. Our head of state is the House of Commons.
Queen of Canada, who is also Queen of
Britain, Australia and New Zealand, Canada is not only an independent
and a host of other countries scattered sovereign democracy, but is also a
around the world from the Bahamas federal state, with 10 largely self-
and Grenada to Papua New Guinea governing provinces and three territories
and Tuvalu. Every act of government is administered by the central government.
done in the name of the Queen, but the
authority for every act flows from the What does it all mean?
Canadian people.
How does it work?
When the men who framed the basis of The answer is important to every citizen.
our present written constitution, the We cannot work or eat or drink; we
Fathers of Confederation, were drafting cannot buy or sell or own anything; we
it in 1867, they freely, deliberately and cannot go to a ball game or a hockey
unanimously chose to vest the formal game or watch TV without feeling the
executive authority in the Queen, “to be effects of government. We cannot marry
administered according to the well or educate our children, cannot be sick,
understood principles of the British born or buried without the hand of
constitution by the Sovereign personally government somewhere intervening.
Government gives us railways, roads
Introduction
2
How Canadians Govern Themselves
Parliamentary
Government
the Senate; and an elected Lower
I TS O R I G I N S House, the House of Commons. For
Nova Scotia (which, till 1784, included every province there was a legislature,
what is now New Brunswick) was with a Lieutenant-Governor representing
the first part of Canada to secure the Queen; for every province except
representative government. In 1758, it Ontario, an appointed Upper House,
was given an assembly, elected by the the Legislative Council, and an elected
people. Prince Edward Island followed Lower House, the Legislative Assembly.
in 1773; New Brunswick at its creation The new Province of Manitoba, created
in 1784; Upper and Lower Canada (the by the national Parliament in 1870,
predecessors of the present Ontario and was given an Upper House. British
Quebec) in 1791; and Newfoundland Columbia, which entered Canada in
in 1832. 1871, and Saskatchewan and Alberta,
created by Parliament in 1905, never
Nova Scotia was also the first part of had Upper Houses. Newfoundland,
Canada to win responsible government: which entered Canada in 1949, came in
government by a Cabinet answerable without one. Manitoba, Prince Edward
to, and removable by, a majority of the Island, New Brunswick, Nova Scotia
assembly. New Brunswick followed a and Quebec have all abolished their
month later, in February 1848; the Upper Houses.
Province of Canada (a merger of Upper
and Lower Canada formed in 1840) in
March 1848; Prince Edward Island in H OW I T O P E R A T E S
1851; and Newfoundland in 1855.
Parliamentary Government
The Governor General (and each
By the time of Confederation in 1867, provincial Lieutenant-Governor) governs
this system had been operating in most through a Cabinet, headed by a Prime
of what is now central and eastern Minister or Premier (the two terms
Canada for almost 20 years. The Fathers mean the same thing: first minister). If a
of Confederation simply continued the national or provincial general election
system they knew, the system that was gives a party opposed to the Cabinet in
already working, and working well. office a clear majority (that is, more
than half the seats) in the House of
For the nation, there was a Parliament, Commons or the legislature, the
with a Governor General representing
the Queen; an appointed Upper House,
Cabinet resigns and the Governor
General or Lieutenant-Governor calls
3
How Canadians Govern Themselves
Canada, 2005
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4
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How Canadians Govern Themselves
6
How Canadians Govern Themselves
A Federal State
A federal state is one that brings states, like the United States from
together a number of different political 1776 to 1789. But for our Fathers of
communities with a common government Confederation, the term emphatically
for common purposes, and separate did not mean that. French-speaking and
“state” or “provincial” or “cantonal” English-speaking alike, they said plainly
governments for the particular purposes and repeatedly that they were founding
of each community. The United States “a new nation,” “a new political
of America, Canada, Australia and nationality,” “a powerful nation, to take
Switzerland are all federal states. its place among the nations of the
Federalism combines unity with world,” “a single great power.”
diversity. It provides, as Sir John A.
Macdonald, Canada’s first Prime They were very insistent on maintaining
Minister, said, “A general government the identity, the special culture and
and legislature for general purposes the special institutions of each of
with local governments and legislatures the federating provinces or colonies.
for local purposes.” Predominantly French-speaking and
Roman Catholic, Canada East (Quebec)
The word “confederation” is sometimes wanted to be free of the horrendous
used to mean a league of independent threat that an English-speaking and
Photo: Library of Parliament
A Federal State
The Constitution Act, 1982 , came into force on April 17, 1982.
insisted on the Fathers finding another That the federation resolutions were
title. They did, from Psalm 72: “He shall brought into effect by an Act of the
have dominion also from sea to sea, British Parliament was the Fathers’
and from the river unto the ends of the deliberate choice. They could have
earth.” It seemed to fit the new nation chosen to follow the American example,
like the paper on the wall. They and done so without violent revolution.
explained to Queen Victoria that it was
“intended to give dignity” to the Union, Sir John A. Macdonald, in the
and “as a tribute to the monarchical Confederation debates, made that
principle, which they earnestly desire perfectly clear. He said: “...If the people
to uphold.” of British North America after full
deliberation had stated that...it was for
A Federal State
To meet a deadlock between the Senate their interest, for the advantage of
and the House of Commons, the British North America to sever the tie
Fathers had made no provision. The [with Britain],...I am sure that Her
British government insisted that Majesty and the Imperial Parliament
they produce something. So they did: would have sanctioned that severance.”
sections 26 to 28 of the Act, which have But: “Not a single suggestion was
been used only once, in 1990. made, that it could...be for the interest 9
How Canadians Govern Themselves
custom (the Prime Minister, the Fourth, it vested the formal executive
Cabinet, responsible government,
political parties, federal-provincial
4 power in the Queen, and created the
Queen’s Privy Council for Canada (the
conferences); by judgements of the legal basis for the federal Cabinet).
courts (interpreting what the Act of
Fifth, it gave Parliament power to
1867 and its amendments mean); and
by agreements between the national 5 set up a Supreme Court of Canada
(which it did, in 1875).
and provincial governments.
the provincial legislatures consented. The final British Act of 1982, the Canada
This power has never been used. Act, provided for the termination of the
British Parliament’s power over
Tenth, it prohibited provincial
10 tariffs.
Canada and for the “patriation” of our
constitution. Under the terms of the
Canada Act, the Constitution Act,
Eleventh, it gave the provincial
11 legislatures the power to amend
the provincial constitutions, except
1982, was proclaimed in Canada and
“patriation” was achieved.
as regards the office of Lieutenant- Under the Constitution Act, 1982, the
Governor. British North America Act, 1867, and its
various amendments (1871, 1886, 1907,
Twelfth, it gave the national
12 government (the Governor-in-
1915, 1930, 1940, 1960, 1964, 1965, 1974,
1975) became the Constitution Acts, 1867
Council, that is, the federal Cabinet) to 1975.
certain controls over the provinces:
appointment, instruction and dismissal There is a widespread impression that
of Lieutenant-Governors (two have been the Constitution Act, 1982, gave us a
dismissed); disallowance of provincial “new” constitution. It did not. In fact,
Acts within one year after their that Act itself says that “the Constitution
passing (112 have been disallowed — the of Canada includes” fourteen Acts of
last in 1943 — from every province the Parliament of the United Kingdom,
except Prince Edward Island and seven Acts of the Parliament of Canada,
Newfoundland and Labrador); power of and four United Kingdom orders-in-
Lieutenant-Governors to send provincial council (giving Canada the original
bills to Ottawa unassented to (in which Northwest Territories and the Arctic
case they do not go into effect unless Islands, and admitting British Columbia
the central executive assents within one and Prince Edward Island to
year; of 70 such bills, the last in 1961, Confederation). Several of the Acts got
from every province but Newfoundland new names; two, the old British North
and Labrador, only 14 have gone America Act, 1867 (now the Constitution
into effect). Act, 1867), and the Manitoba Act, 1870,
suffered a few minor deletions. The
These are the main things the written part of the United Kingdom Statute of
constitution did as it stood at the end of Westminster, 1931, that is included had
1981. They provided the legal frame- minor amendments.
work within which we could, and did,
A Federal State
adapt, adjust, manoeuvre, innovate, The rest, apart from changes of name,
compromise, and arrange, by what are untouched. What we have now is
Prime Minister Sir Robert Borden not a new constitution but the old one
called “the exercise of the common- with a very few small deletions and
place quality of common sense.” four immensely important additions; in
an old English slang phrase, the old
12 constitution with knobs on.
How Canadians Govern Themselves
What are the big changes that and their residence qualifications; the
t h e C o n s t i t u t i o n A c t , 1 9 8 2 , m ad e constitutional position of the Supreme
Court of Canada (except its composition,
in our constitution?
which comes under the first formula);
First, it established four legal
1
the extension of existing provinces into
formulas or processes for amending the territories; the creation of new
the Constitution. Until 1982, there provinces; and, generally, the Canadian
had never been any legal amending Charter of Rights and Freedoms (which is
formula (except for a narrowly limited dealt with later).
power given to the national Parliament
in 1949, a power now superseded). Such amendments must be passed by
the Senate and the House of Commons
The first formula covers amendments (or, again, the Commons alone if the
dealing with the office of the Queen, Senate delays more than 180 days), and
the Governor General, the Lieutenant- by the legislatures of two-thirds of the
Governors, the right of a province to at provinces with at least half the total
least as many seats in the House of population of all the provinces (that is,
Commons as it had in the Senate the total population of Canada excluding
in 1982, the use of the English and
French languages (except amendments
Photo: ©NCC/CCN
the territories). This means that any The second big change made by
four provinces taken together (for
example, the four Atlantic provinces, or
the four Western) could veto any such
2 the Constitution Act, 1982, is that
the first three amending formulas
“entrench” certain parts of the written
amendments. So could Ontario and constitution, that is, place them beyond
Quebec taken together. The seven the power of Parliament or any
provinces needed to pass any provincial legislature to touch.
amendment would have to include at
least one of the two largest provinces of For example, the monarchy cannot now
Quebec or Ontario. be touched except with the unanimous
consent of the provinces. Nor can the
Any province can, by resolution of its governor generalship, nor the lieutenant-
legislature, opt out of any amendment governorships, nor the composition of
passed under this formula that takes the Supreme Court of Canada, nor the
away any of its powers, rights or right of a province to at least as many
privileges; and if the amendment it opts Members of the Commons as it had
out of transfers power over education Senators in 1982, nor the amending
or other cultural matters to the national formulas themselves. On all of these,
Parliament, Parliament must pay the any single province can impose a veto.
province “reasonable compensation.” Matters coming under the second
formula can be changed only with the
The third formula covers amendments consent of seven provinces with at least
dealing with matters that apply only to half the population of the 10.
one province, or to several but not all
provinces. Such amendments must be The guarantees for the English and
passed by the Senate and the House of French languages in New Brunswick,
Commons (or the Commons alone, if Quebec and Manitoba cannot be
the Senate delays more than 180 days), changed except with the consent both
and by the legislature or legislatures of of the provincial legislatures concerned
the particular province or provinces and the Senate and House of Commons
to which it applies. Such amendments (or the Commons alone, under the
include any changes in provincial 180-day provision). The guarantees
boundaries, or changes relating to the for denominational schools in
use of the English or French language Newfoundland and Labrador could not
in a particular province, or provinces. have been changed except with
the consent of the legislature of
The fourth formula covers changes in Newfoundland and Labrador; nor can
A Federal State
3
with provision for “affirmative action”
sets out the Canadian Charter of programs).
Rights and Freedoms that neither
Parliament nor any provincial legislature Official language rights.
acting alone can change. Any such
changes come under the second formula
6
Minority-language education rights
(or, where they apply only to one or
more, but not all, provinces, the third 7 in certain circumstances.
formula).
All these rights are, under section 1
of the Charter, “subject only to
The rights and freedoms such reasonable limits...as can be
guaranteed by the Charter are: demonstrably justified in a free and
Democratic rights (for example, the democratic society.” The courts decide
1 right of every citizen to vote for the
House of Commons and the provincial
what these limits are.
legislative assembly, and the right to The equality rights came into force
elections at least every five years, on April 17, 1985, three years after the
though in time of real or apprehended time of patriation of our constitution.
war, invasion or insurrection, the life of (This gave time for revision of the
a federal or provincial legislature may multitude of federal, provincial and
be prolonged by a two-thirds vote of territorial laws that may have required
the Commons or legislative assembly). amendment or repeal.)
The official language rights make is “a sufficient demand” for the use of
English and French the official languages English or French or where the nature
of Canada for all the institutions of the of the office makes it reasonable.
government and Parliament of Canada
and of the New Brunswick government The minority-language education
and legislature. Everyone has the right
rights are twofold.
to use either language in Parliament
In every province, citizens of
and the New Brunswick legislature.
The Acts of Parliament and the New 1 Canada with any child who has
received or is receiving primary or
Brunswick legislature, and the records
and journals of both bodies, must be in secondary schooling in English or
both languages. Either language may French have the right to have all their
be used in any pleading or process in children receive their schooling in the
A Federal State
be so acquired, and to guarantee all the Finally, the Act provides for English
rights equally to men and women. and French versions of the whole written
The amendment also provided that constitution, from the Act of 1867 to the
there would be no amendments to Act of 1982, which would make both
the constitutional provisions relating versions equally authoritative.
to Indians and Indian reserves, or
the aboriginal rights and freedoms
guaranteed by the Canadian Charter of
Rights and Freedoms, without discussions
at a conference of First Ministers with
representatives of the native peoples.
The amendment came into force on
June 21, 1984.
Powers of the
National and Provincial
Governments
The national Parliament has power “to licences for provincial and municipal
make laws for the peace, order and revenue purposes, local works and
good government of Canada,” except undertakings (with certain exceptions),
for “subjects assigned exclusively to incorporation of provincial companies,
the legislatures of the provinces.” The solemnization of marriage, property and
provincial legislatures have power over civil rights in the province, the creation
direct taxation in the province for of courts and the administration of
provincial purposes, natural resources, justice, fines and penalties for breaking
prisons (except penitentiaries), charitable provincial laws, matters of a merely
institutions, hospitals (except marine local or private nature in the province,
hospitals), municipal institutions, and education (subject to certain rights
of the Protestant and Roman Catholic By virtue of the Constitution Act, 1867,
minorities in some provinces). everything not mentioned as belonging
to the provincial legislatures comes
Subject to the limitations imposed by under the national Parliament.
the Constitution Act, 1982, the provinces
can amend their own constitutions by This looks like an immensely wide
an ordinary Act of the legislature. They power. It is not, in fact, as wide as
cannot touch the office of Lieutenant- it looks, because the courts have
Governor; they cannot restrict the interpreted the provincial powers,
franchise or qualifications for members especially “property and civil rights,” as
of the legislatures or prolong the lives covering a very wide field. As a result,
of their legislatures except as provided all labour legislation (maximum hours,
for in the Canadian Charter of Rights minimum wages, safety, workers’
and Freedoms. compensation, industrial relations)
comes under provincial law, except for
Of course the power to amend provincial certain industries such as banking,
constitutions is restricted to changes in broadcasting, air navigation, atomic
the internal machinery of the provincial energy, shipping, interprovincial and
government. Provincial legislatures are international railways, telephones,
limited to the powers explicitly given to telegraphs, pipelines, grain elevators,
them by the written constitution. So no enterprises owned by the national
provincial legislature can take over government, and works declared by
powers belonging to the Parliament of Parliament to be for the general
Powers of the National and Provincial Governments
* The Fathers of Confederation evidently felt that Sable Island, “the graveyard of the Atlantic,” was such a
menace to shipping that it must be under the absolute control of the national government, just like lighthouses.
So they placed it under the exclusive legislative jurisdiction of the national Parliament (by section 91, head 9, of
the Constitution Act of 1867). They also (by the third schedule of that Act) transferred the actual ownership
from the Province of Nova Scotia to the Dominion of Canada, just as they did with the Nova Scotia lighthouses. 23
How Canadians Govern Themselves
24
How Canadians Govern Themselves
Canadian and
American Government
But under the Constitution, every
province except Quebec, New Brunswick
and Manitoba is absolutely free to have
as many official languages as it
pleases, and they need not include
either English or French. For example,
Nova Scotia could make Gaelic its sole
official language, or one of two,
three or a dozen official languages
Canada and the United States are in that province. Alberta could make
both democracies. They are also both Ukrainian its sole official language, or
federal states. But there are important Ukrainian, Polish and classical Greek
differences in the way Canadians and its three official languages. Quebec,
Americans govern themselves. New Brunswick and Manitoba also are
free to have as many official languages
One fundamental difference is that the
as they please, but they must include
United States is a country of one basic
English and French.
language and culture. Canada is a
country of two basic languages. The A second basic difference between our
Fathers of Confederation deliberately constitution and the American is, of
chose to make it so.
In the United States, the President and A President, accordingly, may have a
every member of both Houses is elected coherent program to present to
for a fixed term: the President for four Congress, and may get Senators and
years, the Senators for six (one-third of Representatives to introduce the bills
the Senate seats being contested every he or she wants passed. But each
two years), the members of the House House can add to each of the bills, or
of Representatives for two. The only take things out of them, or reject them
way to get rid of a President before the outright, and what emerges from the
end of the four-year term is for tussle may bear little or no resemblance
Congress to impeach and try him or to what the President wanted. The
her, which is very hard to do. It has majority in either House may have a
never been done, and has only been coherent program on this or that
three times even attempted. subject; but the other House can add to
it, or take things out of it, or throw the
As the President, the Senators and the whole thing out; and again, what (if
Representatives are elected for different anything) emerges may bear little or no
periods, it can happen, and often does, resemblance to the original. Even if the
that the President belongs to one party two Houses agree on something, the
while the opposing party has a majority President can, and often does, veto the
in either the Senate or the House of bill. The veto can be overridden only by
Representatives or both. So for years a two-thirds majority in both Houses.
on end, the President may find his or
her legislation and policies blocked by So when an election comes,
an adverse majority in one or both the President, the Senator, the
Houses. The President cannot appeal Representative, reproached with not
to the people by dissolving either having carried out his or her promises
House, or both: he or she has no can always say: “Don’t blame me! I sent
such power, and the two Houses are the bill to Congress, and the Senate (or
there for their fixed terms, come what the Representatives, or both) threw it
27
How Canadians Govern Themselves
So it ends up that nobody — not the Our Canadian system is very different.
President, not the Senators, not the Nobody is elected for a fixed term. All
Representatives — can be held really important legislation is introduced by
responsible for anything done or not the Government, and all bills to spend
done. Everybody concerned can honestly public funds or impose taxes must be
and legitimately say, “Don’t blame me!” introduced by the Government and
neither House can raise the amounts
True, a dissatisfied voter can vote of money involved. As long as the
against a President, a Representative or Government can keep the support of a
a Senator. But no matter what the voters majority in the House of Commons, it
do, the situation remains essentially the can pass any legislation it sees fit unless
same. The President is there for four an adverse majority in the Senate refuses
years and remains there no matter how to pass the bill (which very rarely
often either House produces an adverse happens nowadays). If it loses its
majority. If, halfway through the majority support in the House of
President’s four-year term, the elections Commons, it must either make way for
for the House and Senate return a government of another party or call a
adverse majorities, the President still fresh election. If it simply makes way
stays in office for the remaining two for a government of a different party,
years with enormous powers. And he then that government, as long as it
or she cannot get rid of an adverse holds its majority in the House of
House of Representatives or Senate by Commons, can pass any legislation it
ordering a new election. The adverse sees fit, and if it loses that majority,
majority in one or both Houses can then it, in its turn, must either make
block many things the President may way for a new government or call a
want to do, but it cannot force him or fresh election. In the United States,
her out of office. The President can President and Congress can be locked
veto bills passed by both Houses. But in fruitless combat for years on end. In
Congress can override this veto by a
Canadian and American Government
The Senate and the House of Commons meet in the Parliament Buildings.
Congress that will support him or her. A third basic difference between our
Parliamentary-cabinet government, by system and the Americans’ is that
contrast, is both responsible and custom, usage, practice and “convention”
responsive. If the House of Commons play a far larger part in our constitution
votes want of confidence in a Cabinet, than in theirs. For example, the
purposes) elected representatives of the the American Civil War, decided that
Yukon Territory and the Northwest “states’ rights” were precisely what
Territories, and another conference had caused it, and acted accordingly.
with the Premiers within 15 years.
“Here,” said Sir John A. Macdonald,
Our written constitution still contains “we have adopted a different system.
not one syllable on prime ministerial We have expressly declared that all
qualifications, the method of election or subjects of general interest not distinctly
removal, or (except for the calling of the and exclusively conferred upon the
constitutional conferences) the Prime local governments and legislatures
Minister’s powers. Nor is there anything shall be conferred upon the general
on any of these matters in any Act of government and legislature. We have
Parliament, except for provision of a thus avoided that great source of
salary, pension and residence for the weakness that has been the disruption
person holding the recognized position of the United States. We hereby
of first minister. Everything else is strengthen the central Parliament, and
a matter of established usage, of make the Confederation one people
“convention.” There is nothing in any and one government, instead of five
law requiring the Prime Minister or any peoples and five governments, with
other Minister to have a seat in merely a point of authority connecting
Parliament; there is just a custom that us to a limited and insufficient extent.”
he or she must have a seat, or get one
within a reasonable time. There is The Fathers also, as we have seen, gave
nothing in any law to say that a a long list of specific examples of
government that loses its majority in exclusive national powers. They further
the House of Commons on a matter of provided that the members of the
confidence must either resign (making Senate, and all judges from county
way for a different government in courts up (except judges of probate in
the same House) or ask for a fresh Nova Scotia and New Brunswick)
Canadian and American Government
31
How Canadians Govern Themselves
The Constitution provides that almost With the inclusion of the Canadian
all our courts shall be provincial, that is, Charter of Rights and Freedoms, the role
created by the provincial legislatures. of the courts has become even more
But it also provides that the judges of important, since they have the tasks of
all these courts from county courts up enforcing the rights and of making the
(except courts of probate in Nova Scotia freedoms effective.
and New Brunswick) shall be appointed
by the federal government. What is Judges of the county courts can be
more, it provides that judges of the removed only if one or more judges of
provincial superior courts, which have the Supreme Court of Canada, or the
various names, and of the provincial Federal Court, or any provincial superior
courts of appeal shall be removable court, report after inquiry that they
only on address to the Governor have been guilty of misbehaviour, or
General by both Houses of Parliament. have shown inability or incapacity to
The Acts setting up the Supreme Court perform their duties.
of Canada and the Federal Court have
the same provision. No judge of any The Supreme Court of Canada,
Canadian superior court has ever been established by an Act of the national
so removed. All of them are perfectly Parliament in 1875, consists of nine
safe in their positions, no matter how judges, three of whom must come
much the Government may dislike any from the Quebec Bar. The judges are
of their decisions. The independence of appointed by the Governor General on
the judiciary is even more important in the advice of the national Cabinet, and
Canada than in Britain, because in hold office until they reach age 75. The
Canada the Supreme Court interprets Supreme Court has the final decision
the written constitution, and so defines not only on constitutional questions but
the limits of federal and provincial also on defined classes of important
powers. cases of civil and criminal law. It deals
also with appeals from decisions of the
provincial courts of appeal.
T HE Q U E E N
The Queen is the formal head of the T HE S E N A T E
The Institutions of Our Federal Government
Canadian state. She is represented The Senate usually has 105 members:
federally by the Governor General, 24 from the Maritime provinces (10
and provincially by the Lieutenant- from Nova Scotia, 10 from New
Governors. Federal Acts begin: “Her Brunswick, four from Prince Edward
Majesty, by and with the advice and Island); 24 from Quebec; 24 from
consent of the Senate and the House of Ontario; 24 from the Western provinces
Commons, enacts as follows”; Acts in (6 each from Manitoba, Saskatchewan,
most provinces begin with similar Alberta and British Columbia); 6 from
words. Parliament (or the provincial Newfoundland and Labrador; and 1
legislature) meets only at the royal each from the Yukon Territory, the
summons; no House of Parliament Northwest Territories and Nunavut.
(or legislature) is equipped with a There is provision also for 4 or 8 extra
self-starter. No federal or provincial Senators: 1 — or 2 — from the Maritime
bill becomes law without the Royal region, Quebec, Ontario and the West;
Assent. The monarch has, on occasion, but this has been used only once,
given the assent personally to federal in 1990.
34
How Canadians Govern Themselves
JUDICIARY
Supreme Court of Canada
Nine judges appointed by the Governor General
But the Senate rarely rejects a bill the particular bill under review. This
passed by the House of Commons, committee work is especially effective
and has very rarely insisted on an because the Senate has many members
amendment that the House of with specialized knowledge and
Commons rejected. In other cases, the long years of legal, business or
Senate has not adopted bills before the administrative experience. Their ranks
end of a session, thereby effectively include ex-Ministers, ex-Premiers of
stopping them from becoming law. provinces, ex-mayors, eminent lawyers
and experienced farmers.
Most of the amendments the Senate
makes to bills passed by the In recent decades, the Senate has taken
Commons are clarifying or simplifying on the task of investigating important
amendments, and are almost always public concerns such as health care,
accepted by the House of Commons. national security and defence, aboriginal
The Senate’s main work is done in its affairs, fisheries, and human rights.
committees, where it goes over bills These investigations have produced
clause by clause and hears evidence, valuable reports, which have often led
36 often voluminous, from groups and to changes in legislation or government
How Canadians Govern Themselves
policy. The Senate usually does this kind constitution and the Electoral Boundaries
of work far more cheaply than royal Readjustment Act that allot parliamentary
commissions or task forces because its seats roughly on the basis of population.
members are paid already and it has a Every province must have at least as
permanent staff at its disposal. many Members in the Commons as
it had in the Senate before 1982. The
constituencies vary somewhat in size,
T HE H O U S E OF within prescribed limits.
COMMONS
The House of Commons is the major POLITICAL PARTIES
law-making body. In each of the Our system could not work without
country’s 308 constituencies, or ridings, political parties. Our major and minor
the candidate who gets the largest federal parties were not created by any
number of votes is elected to the House law, though they are now recognized
of Commons, even if his or her vote is by the law. We, the people, have created
less than half the total. The number of them ourselves. They are voluntary
constituencies may be changed after associations of people who hold broadly
every general census, pursuant to the similar opinions on public questions.
Photo: Library of Parliament/Roy Grogan
The party that wins the largest number Opposition and its leader becomes the
of seats in a general election ordinarily person holding the recognized position
forms the Government. Its leader is of Leader of the Opposition. The Leader
asked by the Governor General of the Opposition gets the same salary
to become Prime Minister. If the as a Minister. The leader of any party
government in office before an election that has at least 12 seats also gets a
comes out of the election without a higher salary than an ordinary Member
clear majority, it has the right to meet of the House of Commons. These parties
the new House of Commons and see also get public money for research.
whether it can get enough support from
the minor parties to give it a majority. Why? Because we want criticism, we
This happened in 1925-26, 1962 and 1972. want watchfulness, we want the
possibility of an effective alternative
The second largest party (or the largest government if we are displeased with
party in the instance when the the one we have. The party system
government in office does not win the reflects the waves of opinion as they
highest number of seats but is able to rise and wash through the country.
form a government with the support of There is much froth, but deep swells
minor parties) becomes the Official move beneath them, and they set the
course of the ship.
Area Seats T HE P R I M E M I N I S T E R
As we have already noted, the prime
Ontario ............................................. 106
ministership (premiership), like the
Quebec . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 parties, is not created by law, though it
The Institutions of Our Federal Government
Photo: ©NCC/CCN
The Prime Minister lives at 24 Sussex Drive, a home originally named Gorffwysfa,
Welsh for “a place of peace.”
such has never met. Only the Ministers failed to get elected to the Commons,
and a handful of non-Ministers attend he had to resign. Senators can be
the rare ceremonial occasions when the members of the Cabinet; the first
Privy Council is called together, such as Cabinet, of 13 members, had five
the accession of a new King or Queen. Senators. But since 1911, usually there
The Cabinet, “the Committee of the Privy has been only one Cabinet Minister in
Council,” is the Council’s operative the Senate, and that one without
body. portfolio, the leader of the Government
in the Senate.* (The Speaker of the
By custom, almost all the members of Senate does have the rank of Cabinet
the Cabinet must be Members of the Minister and is a member of the Privy
House of Commons, or, if not already Council.) Of course, no Senator can sit
Members, must win seats. Since in the House of Commons, and no
* Twice between 1979 and 1984, there were three or four Senators in the Cabinet. The Conservatives, in 1979,
elected very few MPs from Quebec, and the Liberals, in 1980, elected only two from the four Western
40 provinces. So both parties had to eke out the necessary Cabinet representation for the respective provinces by
appointing more Senators to the Cabinet.
How Canadians Govern Themselves
Member of the House of Commons can Quebec, normally from New Brunswick
sit in the Senate. But a Minister from the or Ontario, or both. It also used to be
House of Commons may, by invitation necessary to have at least one English-
of the Senate, come to that chamber and speaking (usually Irish) Roman Catholic
speak (though not vote). The same Minister. In recent years women have
opportunities are available to a Senator. won increased recognition and
Canada’s multicultural nature has been
By custom, every province must, if reflected in Cabinet representation from
possible, have at least one Cabinet Jewish and non-English, non-French,
Minister. Of course, if a province does ethnocultural minorities.
not elect any government supporters,
this becomes difficult. In that case, the
Prime Minister may put a Senator from T HE S P E A K E R S
that province into the Cabinet, or get
The Speaker of the Senate is appointed
some Member from another province
by the Governor General on the
to resign his or her seat and then try to
recommendation of the Prime Minister.
get a person from the “missing”
province elected there. In 1921, the The Speaker of the House of Commons
Liberals did not elect a single Member is elected by secret ballot by the House
from Alberta. The Prime Minister, itself after each general election. He or
Mr. King, solved the problem of Alberta she must be a Member of the House.
representation in the Cabinet by getting The Speaker is its presiding officer,
the Hon. Charles Stewart, Liberal decides all questions of procedure and
ex-Premier of Alberta, nominated in the order, controls the House of Commons
Quebec constituency of Argenteuil and staff, and is expected to be impartial,
then elected. Whether Mr. King’s ploy non-partisan and as firm in enforcing
What Goes On in
Parliament
Once the Governor General arrives in The speech, which is written by the
the Senate, the Usher of the Black Rod Cabinet, sets forth the Government’s
is again dispatched to summon the view of the condition of the country
House of Commons, and the Members and the policies it will follow, and the 43
How Canadians Govern Themselves
bills it will introduce to deal with that action by Parliament. So the moment
condition. The Members of the House the House came back from the Senate
of Commons then return to their own Chamber, the Prime Minister introduced
chamber, where, normally, the Prime Bill C-1, but this time no dummy; this
Minister immediately introduces a Bill time a bill to end the strike and send the
Respecting the Administration of Oaths railway workers back to work, and it
of Office. This is a dummy bill, never was put through all its stages, passed
heard of again till the opening of the by both Houses, and received Royal
next session. It is introduced to reassert Assent before either House considered
the House of Commons’ right to dis- the Speech from the Throne at all. Had
cuss any business it sees fit before con- it not been for the traditional assertion
What Goes On in Parliament
sidering the Speech from the Throne. of the right of the Commons to do
This right was first asserted by the anything it saw fit before considering
English House of Commons more than the speech, this essential emergency
300 years ago, and is reasserted there legislation would have been seriously
every session by a similar pro forma delayed.
bill.
The address in reply to the Speech from
This formal reassertion of an ancient the Throne is, however, normally the
right of the Commons has been of very first real business of each session (a
great practical use in Canada more than “sitting” of the House usually lasts a
once. In 1950, for example, a nation-wide day; a “session” lasts for months, or
44 railway strike demanded immediate even years, though there must be at
How Canadians Govern Themselves
least one sitting per year). A government record of decisions of the House. At
supporter moves, and another desks in the wide space between
government supporter seconds, a Government and opposition sit the
motion for an address of thanks to the proceedings monitors, English and
Governor General for the gracious French, who identify each speaker and
speech. The opposition parties move the person being addressed. This
amendments critical of the Government information complements the electronic
and its policies, and expressing want of recording of proceedings, which are
confidence in the Government. Debate published the next day. There is
on this address and the amendments is simultaneous translation, English and
limited to seven days, and ranges over French, for all speeches, and all the
the whole field of the nation’s business. proceedings are televised and recorded.
This is the stage at which Members passed. Any member of the committee
debate the principle of the bill. If it can move amendments. When all the
passes second reading, it goes to a clauses have been dealt with, the
committee of the House, usually a chairperson reports the bill to the
standing committee. Each such House with any amendments that have
committee may hear witnesses, and been adopted.
considers the bill, clause by clause,
before reporting it (with or without When a committee has reported the bill
amendments) back to the House. The to the House, Members at this “report
size of these committees varies from stage” may move amendments to the
parliament to parliament, but the various clauses (usually, amendments
parties are represented in proportion they have not had the opportunity to
to their strength in the House itself. propose in committee). When these
Some bills, such as appropriation bills have been passed, or rejected, the bill
(based on the Estimates), which seek to goes to third reading. If the motion for
withdraw money from the third reading carries, the bill goes to the
Consolidated Revenue Fund, are dealt Senate, where it goes through much the
with by the whole House acting as a same process. Bills initiated in the
committee. Senate and passed there come to the
Commons, and go through the same
Committees, sitting under less formal stages as Commons bills. No bill can
rules than the House, examine bills become law (become an Act) unless it
clause by clause. Each clause has to be has been passed in identical form by
both Houses and has been assented to, examination of particular subjects,
in the Queen’s name, by the Governor including legislative committees whose
General or a deputy of the Governor mandate is solely to examine a particular
General (usually a Supreme Court piece of legislation. It also establishes,
judge). Assent has never been refused with the Senate, joint committees of the
to a federal bill, and our first Prime two Houses.
Minister declared roundly that refusal
was obsolete and had become
unconstitutional. In Britain, Royal E ND OF A SESSION
Assent has never been refused since 1707. When both Houses have finished a
session’s business, Parliament is
There are about 20 standing committees
“prorogued” until the next session,
(Agriculture and Agri-food, Canadian
which must, by law, come within a year.
Heritage, Transport, and so on) whose
members are appointed at the beginning
of each session or in September of each
year, to oversee the work of government
departments, to review particular areas
of federal policy, to exercise procedural
and administrative responsibilities
related to Parliament, to consider matters
referred to them by the House, and to
report their findings and proposals to
the House for its consideration.
Provinces and
Municipalities
Every province has a legislative constituencies established by the
assembly (there are no Upper Houses) legislature roughly in proportion to
that is very similar to the House of population, and whichever candidate
Commons and transacts its business in gets the largest number of votes is
much the same way. All bills must go elected, even if his or her vote is less
through three readings and receive than half the total.
Royal Assent by the Lieutenant-
Governor. In the provinces, assent has Municipal governments — cities, towns,
been refused 28 times, the last in 1945, villages, counties, districts, metropolitan
in Prince Edward Island. Members of regions — are set up by the provincial
the legislature are elected from legislatures, and have such powers as
the legislatures see fit to give them.
Mayors, reeves and councillors are
elected on a basis that the provincial
legislature prescribes.
Living Government
We are apt to think of government as We are concerned with the relations
something static; as a machine that was between French-speaking and English-
built and finished long ago. Actually, speaking Canadians, and with the
since our democratic government is division of powers between the federal
really only the sum of ourselves, it and provincial governments. We always
grows and changes as we do. have been. But the search for areas of
agreement and the making of new
Canada today is not the Canada of adjustments has been a continual
1867, and neither is the Act that made process from the beginning. The
it. It has been changed by many recognition of the French fact, which was
amendments, all originated by us, the limited in 1867, now embraces, in greater
people of Canada. How we govern or lesser degree, the whole of Canada.
ourselves has also been changed by All federal services must be available
judicial interpretation of the written where required in either language.
constitution, by custom and usage, and Federal, Quebec and Manitoba courts
by arrangements between the national have always had to be bilingual. New
and provincial legislatures and Brunswick is now constitutionally
governments as to how they would use bilingual. Criminal justice must now be
their respective powers. These other bilingual wherever the facilities exist or
ways in which our system has changed, can be made available.
and is changing, give it great flexibility,
and make possible a multitude of special The country’s resources grow; the
arrangements for particular provinces provinces’ and territories’ needs
or regions within the existing written change. Some are rich, others less well
constitution, without the danger of off. Federalism makes possible a pool-
“freezing” some special arrangement ing of financial resources and reduction
that might not have worked out well of such disparities. Yet there are always
in practice. areas of dispute, new adjustments
required, and special problems to be
There may still be many changes. Some met. Federal-provincial conferences,
Living Government
are already in process, some have been bringing together all the heads of
slowly evolving since 1867, and some government, are fairly new in our
are only glimmerings along the horizon. history. But they are now very frequent,
They will come, as they always do in and a major force in evolving new
the parliamentary process, at the hands solutions. Indeed, the Constitution Act,
of many governments, with the clash of 1982, required that the Prime Minister
loud debate, and with the ultimate convene such a conference within
agreement of the majority who cast
their votes.
15 years to review the procedure for
constitutional amendment.
49
How Canadians Govern Themselves
Or contact the Library of Parliament Information Service (see Preface, Page i).
51
Photo: Jean-Marc Carisse
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Library of Parliament, Canada
Printed in Canada
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