Government and Law Making (Unit 1 Set 7)

Published on Nov 05, 2016

Understanding the procedures that exist in order for the government to enact legislation.

PRESENTATION OUTLINE

Government and Law Making

David Dickinson 
Photo by Michael Vesia

Government Powers

  • Both the federal and provincial governments are comprised of three distinct branches.
  • The Executive, The Legislative & The Judiciary
As you already know, the provincial and federal government each have different jurisdictional powers as granted to them by the constitution in sections 91 and 92.

However, within each level of the government, there are three distinct branches that each have a function in creating, interpreting and carrying out the laws of Canada.

The Executive Branch

  • The administrative branch of government.
  • Sets policies, proposes and administers laws, controls spending.
  • The executive branch is comprised of the Prime Minister or Premier, The Cabinet, and the Public/Civil Service.
Members of the cabinet are elected members of parliament or the provincial legislature that are appointed personally by the Prime Minister or Premier respectively, to positions of responsibility.

As an example:
The federal minister of finance is one of the most important positions in the Cabinet of Canada. The current Federal finance Minister is Bill Morneau.

The federal finance minister is responsible each year for presenting the federal government's budget. He or she must deal with all the other departments and plays an important role in deciding the funding levels for each.

The Minister of Finance is often one of the most unpopular positions in the government as they are often considered responsible for program cuts and tax increases.

Civil servants conduct the business of the government.
civil servants are career employees recruited and promoted on the basis of their administrative skill and technical expertise.

Civil servants do not include and are not appointed by elected officials or their political advisors.

Civil servants are expected to be politically neutral and are prohibited from taking part in political campaigns or being members of Parliament.

An example would be individuals that work at the Canada Revenue Agency.

Examples of the civil service:
Getting a care card, paying tax, applying for SIN, applying for a passport, crossing the border, mailing a letter.


Photo by WmPitcher

Untitled Slide

As you can see in the slide, the Queen and the Governor-General (or in the case of the provincial government the Lieutenant-Governor) are also part of the executive branch of government.

Governor-General of Canada:
The head of state (ie/ the Queen’s representative in Canada). The Governor General is a symbolic and nominal chief executive. He or she acts within the constraints of constitutional convention and precedent.

The Governor General is chosen by the monarch (the Queen) upon the advice of the Prime Minister.

Current Governor General:
Her Excellency the Right Honourable Julie Payette

The Governor General appoints the Lieutenant-Governors to govern in his or her stead for each of the provinces.

Current Lieutenant-Governor of BC:
The Honourable Janet Austin

Untitled Slide

Rockridge Students (and me) hanging out with the former Lieutenant-Governor Judith Guichon in Prince George discussing environmental initiatives.

The Legislative Branch

  • Responsible for making, changing and repealing laws.
  • Called parliament at the federal level.
  • Called the legislature or legislative assembly at the provincial level.
  • Consists of the House of Commons and the Senate at the federal Level.
  • Consists of only the legislative assembly at the provincial level.
Based on the Constitution Act (or BNA act) of 1867 our federal government was set up to mirror that of the British system.

This system had two houses. the House of Commons (the lower house) and The House of Lords which was the upper house.

The lower house, the House of Commons is the elected component of Parliament, it consists of 338 members. Members of the government sit in and are answerable to the House of Commons. Most major government legislation is introduced in the House. The House of Commons alone is constitutionally authorised to introduce legislation concerned with the raising or spending of funds. The House is also a place where MPs hold the government to account, discuss national issues, and represent constituents’ views.

In the upper house (called the Senate in Canada), representatives are appointed by the Governor-General based on the recommendation of the Prime Minister.

The Senate consists of 105 members.

Seats are assigned on a regional basis, with each region receiving 24 seats.

The regions are Ontario, Quebec, the Maritime provinces, and the Western provinces.

The number of seats for Newfoundland and Labrador is 6 and the Northwest Territories, Yukon, and Nunavut each get one. Senators serve until they reach the age of 75

If you want the specifics:
New Brunswick — 10
Nova-Scotia — 10
Prince Edward Island — 4
The Ontario Division — 24
The Quebec Division — 24
British Columbia — 6
Alberta — 6
Saskatchewan — 6
Manitoba — 6
Newfoundland and Labrador — 6
Northwest Territories — 1
Yukon Territory — 1
Nunavut — 1

The main role Canadian Senators have is in providing "sober, second thought" on the work done by the House of Commons. The Senate carefully examines bills, which are proposed laws, to make certain that they are the best they can be. The bills are studied to find out how they might affect the daily lives of Canadians. Changes are suggested to improve them; some bills may even be rejected. The Senate may also introduce bills of its own, even though most bills are introduced in the House of Commons.

No bill can become law in Canada without Senate approval. All federal legislation must be passed by the Senate as well as the House of Commons.

In Order to be a senator you must meet the following criteria:
be a Canadian citizen
be at least 30 years of age
own $4,000 of equity in land in the home province or territory.
Have a personal net worth of at least $4,000
live in the home province or territory.

References:
About the House of Commons. (n.d.). Retrieved from http://www.lop.parl.gc.ca/ParlInfo/compilations/HouseOfCommons.aspx?Menu=Ho...

The Senate today - Canada's Senators. (n.d.). Retrieved from http://www.parl.gc.ca/About/Senate/Today/sens-e.html
Photo by UK Parliament

Untitled Slide

A graphic representation of the Legislative Branch.

The Judiciary

  • Part of the government but independent of the other two branches.
  • Made up of judges who adjudicate disputes, interpret the law, and decide on punishments.
  • Judges must view all decisions in light of the Canadian Constitution. Specifically the Canadian Charter of Rights and Freedoms.
Appointments for judges are made on merit / ability.
They are not made on political party motivation.

There are three different courts that exist in each province beneath the Supreme Court of Canada which is the highest court in the country.

They are the following:
The Provincial Court of Appeal (Top Court)
The Superior Court of the Province (Middle Court)
The Provincial Court (Bottom Court)

For both the Provincial Court of Appeal and the Superior Court of the Province, the judges are federally appointed.

Judges will strike down laws that conflict with the Canadian Charter of rights and freedoms.
Photo by Xiaozhuli

Enacting A Statute

  • Government is the only body that can make laws.
  • Laws generally originate in the House of Commons but they can come from the Senate.
  • A Bill is proposed law/legislation.
If the bill originates in the house of commons it will have a “C” before the number of the bill.

If the bill comes from the senate it will begin with an “S".

Bills that originate in the Senate cannot be money bills.

Money Bill
Bills imposing taxes or providing for the collection or spending of public money.

Photo by Bob Linsdell

Enacting A Statute (II)

  • Government or Public Bill:
  • A bill that is introduced by an MP/MLA who holds a cabinet position.
  • Private Member's Bill
  • A bill introduced by an MP/MLA who does not hold a cabinet position.
Government bills are rarely defeated if the government holds a majority of the seats in the House of Commons.

Government or Public Bill:
The Introduction of the bill will usually be brought forward by the cabinet minister whose department will most be affected by the proposed legislation.

Example:
The Minister of Finance proposes a Bill that will change the proportion and way that tax is collected.

Private Member’s Bill:
Bills can be initiated by Citizens but they will always be introduced by members of parliament or the legislative assembly.
Photo by .mary

Untitled Slide

When you fly in a plane, visit a national park or buy a product in a store, you are doing something that has probably been touched by a law made in Parliament.

An idea to make a new law or to change an existing law starts out as a "bill." Each bill goes through several stages to become law.

At first reading, the bill is considered read for the first time and is printed. There is no debate.

At second reading, Members debate the principle of a bill — is the idea behind it sound? Does it meet people's needs? If a bill passes at second reading, it goes to a committee of the House. Committee members study the bill carefully. They hold hearings to gather information. They can ask for government officials and experts to come and answer questions. The committee can propose amendments, or changes, to the bill. When a committee has finished its study, it reports the bill back to the House. The entire House can then debate it. During report stage debate, Members can suggest other amendments to the bill.

Once the report stage is over, the bill is called for third reading debate. Members who voted for the bill at second reading may sometimes change their minds at third reading after seeing what amendments have or have not been made to the bill. After a bill has passed third reading in the House of Commons, it goes through a similar process in the Senate. Once both Chambers pass the bill in the same form, it is given Royal Assent and becomes law.

Reference:
Guide to the Canadian House of Commons. (n.d.). Retrieved from http://www.lop.parl.gc.ca/About/Parliament/GuideToHoC/making-e.htm

Passing A Law

  • If a Bill is defeated or if parliament ends before the vote is taken the Bill "dies" on the floor of the House of Commons.
  • A Bill that has "died" would have to be reintroduced in a new parliamentary session from the beginning in order for it to become law.
When members of Parliament vote on a Bill, they usually support their parties position. If the government in power holds a majority the Bill will likely become law.

On controversial issues, the government may hold a free vote allowing MPs to vote according to their conscience or the views held by most of their constituents.
Photo by katiesw1

Individuals and Interest Groups

  • Lobby Groups
  • Attempt to influence MPs/MLAs to change or introduce laws that reflect or favor their cause.
  • Royal Commissions
  • These commissions are appointed by the federal cabinet. The purpose is to conduct impartial investigations of specific national problems.
Only government can enact statute law. However, the reasons for adding, changing or removing a statute can come from many places.

Examples:
Special interest Groups / Lobby Groups
Individuals
Royal Commissions

Why would the politicians listen?
if a special interest group convinces enough people that there is a major issue worth addressing, in order to be reelected that party will have to be proactive.

Examples of Lobby Groups –

Mothers Against Drunk Driving
MADD Canada was formed in 1989 to create a national network of victims/survivors and concerned citizens working to stop impaired driving and to support victims/survivors of this violent crime.

Spirit Bear Youth Coalition
A Rockridge Student named Simon Jackson raised international awareness about the plight of the spirit bear, making the issue the most supported conservation initiative in Canadian history.

Legal Education Action Fund:
challenged existing laws in court and have forced a broad range of changes in Law on matters from sexual assault to pay equity.

Free The Children:
International action for all children to be free from exploitation and have access to education

How can a royal commission affect law creation?
If a serious national problem is noted in Canada, legislation may be needed to ensure that it does not happen again. There have been Royal Commissions on Aboriginal People, Blood Supply, Water, And The Future of Health Care in Canada.
Photo by martineno

David Dickinson

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