Branches of Government:Canada

Branches of Government: U.S.A.

1) Executive Branch of Government

Canadian Branches of Government

Canadian Government

Legislative BranchExecutive BranchJudicial Branch

Q u e e n/G o vern o r G e n e ra l

F o rm a l E xe cu tive

D e p a rtm e n ts-p o lit ica l m in is te r

-n o n po lit ica l d e p u tym in is te r

C e n tra l C o o rd ina tin g A g e n c ies

C a b in e tP rim e M in iste r & C a b ine t M in is te rs

P o lit ica l E xe cu tive

E xe cu tive B ra n ch

Roles of the Executive

•Leadership

•Makes policy

•Supervise bureaucracy

•Diplomacy (and military)

Diplomacy Defined:

• the art and practice of conducting negotiations between representatives of states

Prime Minister

• Power comes from election as MP and party leader

• Organizes government

• Forms Cabinet• Appoints ministers

• Manages cabinet

Prime Minister

• Other powers:• international

relations, treaties • war• Appointments• Advises crown to

dissolve Parliament

• Appoints senior officials

Prime Minister

• In Canada we do not directly elect our prime minister

• We vote for a candidate in our individual ridings• The leader of the party that has the most

Members of Parliament elected becomes Prime Minister

• To keep his/her position, the Prime Minister must keep the confidence of the House of Commons (easy in a majority gov’t, harder in a minority)

The Prime Minister’s Office• The PMO

provides the Prime Minister with support on:• Political

strategy and tactics

• Priorities

• Communications

Party DisciplineThe Party Whip

The party whip is an MP who

ensures members of the party

know how to vote on an issue—

this person helps enforce party

Discipline.

(The Hon. John Duncan)

Cabinet and Policy• Appointed by Prime Minister

• Number of Ministers varies from low 20s to high 30s and is set by the Prime Minister

• Ministers help create policy and make bills that go to legislature

• Ministers in charge of Departments

The Formal Executive

• Opens a session of parliament with the “speech from the throne”

• Gives royal assent to bills passed by parliament

• Has power to dissolve parliament, ask a party to form a governmentGovernor General David Johnson

Central Agencies

• The key central agencies are:

• Privy Council Office (PCO)

• Treasury Board

• Department of Finance

• The key role of central agencies is to ensure each government department is working towards achieve the same government goals

Privy Council Office

• Provides non partisan policy advice to cabinet

• Provides policy coordination

• It is headed by the Clerk of the Privy Council

Departments (Ministries)• Departments are responsible for

providing:

• policy advice to the cabinet and Prime Minister

• Services in their area of responsibility

Examples of departments are:

Agriculture, Heritage, Health, National defence

Rona Ambrose – Minister of Health

Departments (Ministries)

• Each department has a responsible cabinet minister

• Departments are staffed by hired employees (public or civil servants) —some of your parents may work for the government

• The highest civil servant in a department is the deputy ministerSimon Kennedy –

Dep. Minister of Health

2) Legislative Branch of Government

Democratic Governments

Leg isla turem em bers e lected

in free & open elections

Executivepower restricted by constitu tionneeds legisla ture to pass laws

Jud icia ryno executive in terfe rence

D em ocratic G overnm ent

Legislatures legitimize the policies of the executive.

The Canadian Legislature is Bicameral

House of Commons Senate

Canadian Parliament

Senate- consists of 105 members appointed by the Governor General on the advice of the Prime Minister

- Seats are assigned on a regional basis

- each of the four major regions receiving 24 seats

- the remainder of the available seats being assigned to smaller regions

- seats for Newfoundland and Labrador, the Northwest Territories, Yukon, and Nunavut are assigned apart from these regional divisions

- Senators may serve until they reach the age of 75

House of Commons

Members of Parliament• Constituency responsibilities

• Legislative duties – voting, can introduce private member’s bills

• The majority of MPs are backbenchers

Paul DewarMP Ottawa Centre(NDP)

Royal Galipeau MP

Ottawa Orleans

(Conservative)

David McGuinty MP Ottawa South

(Liberal)

Legislative Process

R oyal Ascent

Third R eading

C om m ittee S tage/Follow ed by R eport S tage

Second R eading

F irst R eading (Senate)

Third R eading

C om m ittee S tage/Follow ed by R eport S tage

Second R eading

F irst R eading (C om m ons)

Types of Bills

• Senate (start with an S)

• Commons (start with a C)

• Government/Private Members (and Private)

Majority/Minority Parliaments

• A majority parliament occurs when one party wins over 50% of the seats in the House of Commons and forms the government (controls the political executive)

• A minority parliament occurs when one party wins more seats than any other party and forms the government but does not hold a majority of seats

Committees

Former Prime Minister Mulroney before a Parliamentary Committee

Legislative function

Conducting Studies

Fusion of Powers

• In Canada the Executive and Parliament are linked by the Prime Minister and cabinet

• The Prime Minister and Cabinet Ministers simultaneously sit in both the Executive and House of Commons

• In Canada, because of party discipline and fusion of power, the Prime Minister is very powerful in a majority government

3) The Judicial Branch of

Government

• The court system functions independently of the executive and legislative branches – a check on possible abuses

• All judges have the right of judicial review – the power to overturn (strike down) legislation that contravenes the constitution

Two views of the Judiciary:Judicial Restraint

• Judges take a low key view of their powers

• Interpret the law literally

• If changes to the laws are necessary, defer to the executive and legislative

Two views of the Judiciary:Judicial Activism

• Judges take a flexible view of their powers

• Willing to interpret the law in a way that it can be adapted to changing circumstances

Canada’s Supreme Court

• The highest court of appeal in the land

• Consists of 9 judges appointed by the PM

• 3 from Quebec, 3 from Ontario, 2 from the West, 1 from the East

• Gives its interpretation of how the Charter of Rights and Freedoms is applied in Canada

• Settles jurisdictional disputes between federal and provincial government

• Often asked to rule on the principles of a bill before it is passed

Should these 9 judges be appoint? Why or why now?