8: The Canadian Regime

Question 1

What is a nation’s ‘eco-system’? What is Canada’s?

Answer 1

Country’s institutions taken as an organic whole; internal logic derives from a unique combination.

Responsible government and federalism.

Question 2

What are the four elements to Canada’s regime?

Answer 2

Liberal democracy.

Westminster parliamentary system.

Constitutional monarchy: executive authority vested in Canadian monarch.

Federalism.

Question 3

List four key features of the Westminster parliamentary system.

Answer 3

Sovereign head of state.

Head of government.

Executive powers from the legislature.

A loyal opposition.

Question 4

Broadly, describe Canada’s electoral system.

Answer 4

One seat in each constituency (riding). One person wins seat, single-member plurality (or “first past the post”). Party with most seats can likely form government with confidence of House.

Question 5

What is the primary purpose of responsible government?

Answer 5

Appointed governments responsible to elected members of the Legislative Assembly.

Question 6

What are five rules of responsible government?

Answer 6

Executive power rests with Crown.

Crown can only appoint ministers with confidence of the House.

Crown will only act on advice of its ministers.

Ministers act as a team or ministry.

If ministry loses confidence, must resign or seek new elections.

Question 7

List two reasons why Canada remains a constitutional monarchy.

Answer 7

Thought to “unify” and thus “create” a Canadian national identity, which parliament would be seat of.

Fathers of Confederation sought to avoid ‘flaws’ of American constitution: attribution of residual power; Crown remains above the fray of partisanship; responsible government.

Question 8

The monarch is known as the protector of the faith. In Canada, what does this mean?

Answer 8

Does not defend Anglicanism, but freedom of religion.

Question 9

Provide a timeline of Crown-Indigenous relations. Include four periods.

Answer 9

Historical: 1763-1972.

Middle: 1973-1981.

Constitutional and contemporary: 1982-2000s (entrenched rights).

Reconciliation: 2001-present (reconciling sovereignty of Crown with sovereignty of Indigenous peoples).

Question 10

List five purposes of the Royal Proclamation (1763).

Answer 10

Sets out guidelines for European settlement of North America.

Claims North America for Great Britain.

Indicates Aboriginal title existed and continues to exist.

Europeans could NOT just claim Indigenous land.

Restore relations, reassure First Nations, establish land dealings.

Question 11

What is, arguably, the most important outcome of the Royal Proclamation?

Answer 11

Set out process of treaty-making in Canada.

Question 12

List two meanings and two benefits of treaties.

Answer 12

Meanings: nation-building; political and economic agreements.

Benefits: Canadians; obligations.

Question 13

An unwritten part of a constitution is what?

Answer 13

A constitutional convention (tradition).

Question 14

What is the preamble of the Constitution Act (1867)?

Answer 14

Four provinces of Confederation (PQ, ON, NB, NS) build a federation.

Question 15

Conventions are _____ rules; therefore, the _____ branch does not rule on them.

Answer 15

Political; judicial.

Question 16

The Constitution Act of 1867 defined federalism as what?

Answer 16

Two levels of government, provincial and federal, and each level responsible for making laws in certain areas; each level has ‘jurisdiction’ over certain legislative areas.

Question 17

What are the five Canadian constitutional principles, as deemed by the Supreme Court in 1998?

Answer 17

Democracy.

Constitutionalism.

Rule of law: in liberal democratic paradigm, includes due process and presumption of innocence.

Federalism.

Respect for minorities.

Question 18

The two components of the Canada Act (1982) involve the Constitution Act (1867) and the Constitution Act (1982). What are the four new important elements introduced by the 1982 legislation?

Answer 18

Principle of equalization.

Clarification of responsibility of natural resources.

Amending formula for future changes to Constitution.

Charter guaranteeing individual rights and freedoms.

Question 19

List four essential functions of Parliament.

Answer 19

To make government legitimately through electoral process.

To make government work: give it authority, funds, resources to run country.

To make government behave: “watchdog.”

To make alternative government: enable opposition to present case to public and become credible choice for replacing party in power.

Question 20

The Crown has statutory and prerogative powers. Define each.

Answer 20

Statutory: those set out in Constitution.

Prerogative: reserve powers, ones Crown can exercise at own discretion; Crown can disregard advice if unconstitutional.

Question 21

The Crown’s ability to refuse advice allows them to become _____.

Answer 21

Custodian.

Question 22

What are “The Numbered Treaties” and when did they occur?

Answer 22

1871 - 1921.

Related to settlement, railways, NWT, Canada’s territorial growth.