Finals Study Flashcards
What does govern mean?
To make decisions as a government and put decisions into action
What does governance mean?
The process of governing
What does government mean?
The body with the power to make decisions for society
What are the different levels of government?
Federal, provincial, and local
Since when has Canada been a country?
since 1867, when the Fathers of Confederation struck an agreement that brought four colonies of British North America under one government
What is Canada’s constitution?
- The law that describes governance in Canada.
- It sets out the role of the governor general and the different roles of the three branches of government.
- It describes how the three branches of government work together to exercise the decision-making authority of government.
- The constitution also sets out other important institutions in Canada, such as the Charter of Rights and Freedoms.
What sets out the charter of rights and freedoms?
The constitution
What is at the top of Canada’s political system?
The Monarch of Britain
Explain the Monarch of Britain role
- Represented in Canada by the governor general
- Britain’s queen or king is the formal head of state in Canada, but does not play an active role in Canada’s government.
Which branches of government is the governor general apart of?
Executive and legislative branches
What are the 3 branches of government?
Executive, Legislative, and judicial
Explain the role of the Executive Branch
• proposes most laws
• puts laws into action
• runs the day-to-day business
of government
Explain the role of the Legislative Branch
• makes laws
• represents the interests and
rights of Canada’s regions
Explain the role of the Judicial Branch
• applies and interprets laws
Who is included in the executive branch?
The Prime Minister, and the Cabinet
Who is included in the legislative branch?
House of Commons and the Senate
Who is included in the Judicial Branch?
Supreme court, and provincial/territorial courts
How do people get to be in the cabinet?
The PM appoints them
What does the cabinet do?
They put laws and policies into action. Runs the day to day business of the government
What is the first step to becoming a law?
First, you convince your cabinet it’s a good idea
Who is the head of Canada’s government?
The prime minister
What is the executive branch responsible for?
Putting laws into action
How can you become the Prime minister?
- Be elected as a leader of a political party
- Then as a member of parliament
- And win the most seats in the house of commons
Who does the cabinet include?
People who are responsible for different portfolios such as health.
- They belong to the leading political party in the house of commons
- And are members of parliament
Who proposes most ideas that become laws?
The cabinet
What is a political party?
A political party is a group of people who have similar ideas about how government should respond to issues facing society.
What happens if you get cabinet approval for your idea?
Then you propose it to the house of commons as a bill. If it gets enough votes then it goes to the senate
What is another name for the legislative branch?
Canada’s parliment
How do people become members of parliament?
They are voted in by citizens of a certain district
Who is in the House of Commons?
Members of parliament
Explain the House of Commons
- The major law making body in Canada
- debate, study, and vote on laws
How is the main party in the HOC chosen?
By whichever MPs belong to the majority party
What is a majority government?
If a political party wins the majority of seats in the House of Commons, it always forms the government.
What is a minority government?
If a political party wins the most seats in the House of Commons, but not the majority of seats, it usually forms the government.
What happens if a minority government is formed
To stay in power, this party would need to negotiate for the support of at least one other party in the House of Commons, to ensure that more than 50 percent of MPs in the House would vote for the government’s proposals.
Where do MPs debate and vote on bills?
Commons Chamber
What are the 2 key resposibilities for constituents?
to represent their constituents and to create legislation for the peace, order and good government of all Canadians.
What is the popular vote?
Popular vote means the total support political parties win during an election, regardless of whether they win ridings.
What are senators?
• Senators represent the interests and rights of Canada’s regions, and especially Canada’s minorities.
How are senators elected?
• Senators are not elected. The prime minister appoints them. They can remain in office until age 75
What do senators do?
• The Senate can propose laws, but usually only considers bills passed first by the House of Commons.
• Has the power to reject bills from the House of
Commons, but rarely uses this power
What is the highest court in Canada?
The supreme court
Who has the final word on all legal questions in Canada?
The supreme court
What is the federal accountability act?
- Responsible and accountable spending by government.
- Protection for government employees who “blow the whistle” on wrongdoing within Canada’s civil service.
- More information about the activities of lobbyists. Lobbyists are people paid to represent the interests of particular groups in society.
What are lobbyists?
Lobbyists are people paid to represent the interests of particular groups in society
What happens for a law to become a law in the House of Commons and senate?
- First Reading
- Second reading
- Committee Stage
- Report Stage
- Third reading
- Royal assent
What happens at the first reading?
Printed copies of the bill are made available for the first time. There is no debate or vote.
What happens at the second reading?
Debate and vote on the principle of the bill. Does the bill serve the interests of Canadians?
What happens at the committee stage?
- Detailed study of the bill.
- A committee of MPs or senators reviews the bill with the help of witnesses, including experts and citizens.
- The committee issues a report with a recommendation that the House or Senate usually, accepts.
What happens at the report stage?
Debate and vote on amendments (changes) to the bill.
What happens at the Third reading?
Debate and vote on the final form of the bill
What is a parliamentary page?
- In the House of Commons, the pages assist MPs of all political parties with daily tasks, such as photocopying and answering phones.
- On the floor of the Commons Chamber — during debates and Question Period, for example — they retrieve documents and run messages between members of the assembly.
What did the BNA say about First Nations?
- Made First Nations “responsibilities” of the government, along with things like the postal service. It did not acknowledge First Nations as independent, sovereign peoples with their own forms of government.
- Did not mention the Inuit or Métis at all.
What does the media?
The media include newspapers, magazines, film, radio, television, the Internet, books and billboards.
What does the media do for us?
They influence our personal understanding of the world and how it works. All media messages are created by people who interpret the facts and make choices about how to tell the story
What is the parliamentary press gallery?
an association of reporters who cover the decisions and actions of Canada’s government. The Press Gallery includes about 350 reporters from media outlets across Canada.
What is a lobbyist?
- A lobbyist is someone hired by a group to influence MPs and government officials.
- Lobbyists voice the views of groups on issues that affect their members, products or services.
What must people do before they become a lobbyist?
• Lobbyists must register with a Commissioner of Lobbyists, so everyone in Canada can know who they are and who they represent.
What rights do you have if you are arrested?
- To remain silent
- To speak to a lawyer
- To have your parents with you during questioning
- To have a lawyer if you go to court
What is the “YOUTH CRIMINAL JUSTICE ACT”
This law defines the consequences young people face for criminal offences.
What is the “CRIMINAL CODE OF CANADA”
This law defines the consequences adults face for criminal offences.
Explain the “YOUTH CRIMINAL JUSTICE ACT”
- Deals with 12- to 17- year-olds in trouble with the law.
- Allows some young offenders to face consequences such as counseling and community service
- Prohibits adult sentences for youths 12 to 14 years of age.
- Protects the privacy of young offenders.
- Allows them to avoid criminal records
According to the YCJA who can receive adult sentences?
Allows adult sentences for young people 14 years of age and older who have committed serious crimes.
Explain the “CRIMINAL CODE OF CANADA”
- Deals with adults in trouble with the law.
- Makes going to court the usual consequence for breaking the law.
- Defines adult sentences, which can include long periods of imprisonment for some crimes.
- Allows the publication of offenders’ names.
- Creates a criminal record for most offenders.
When was the YCJA passed?
In 2003
What happened to young offenders before the YCJA?
Every child was charged and brought to court.
Some young offenders did not receive sentences for years and consequences did not always connect back to the community
What are the types of sentences that a young person may receive?
- Community services.
- Counselling.
- Prison.
- A criminal record.
- Restitution, such as paying for damaged property.
What factors determine the consequences young offenders face?
- The seriousness of the offence.
- The history of the young person.
- The attitude of the young person.
- The circumstances of the young person.
What are the objectives of the YCJA?
- Prevent crime by addressing the circumstances underlying a young person’s offending behavior
- Rehabilitate young persons who commit offences and reintegrate them into society
- Ensure that a young person is subject to meaningful consequences for his or her offence in order to promote the long-term protection of society.
- The criminal justice system for young persons must be separate from that of adults and recognize their reduced level of maturity.
How do jury’s work in the YCJA
- A person 14 years of age or older may choose to be tried by a judge and jury for certain serious offenses, such as assault or murder.
- juries always have twelve people
- Their decision must be unanimous
Who is eligible for jury duty?
• Anyone 18 years of age and older who is a Canadian citizen is eligible for jury duty
Who is not eligible for jury duty?
People convicted of some crimes are not eligible.
What are the responsibilities of people when they have jury duty?
- It’s your responsibility to appear at the courthouse on time.
- Make arrangements for transportation, time off work or classes, and rebooking appointments.
- Employers have to give you time off for jury duty but don’t have to pay you.
How can people be excused for jury duty?
• People are excused from jury duty only if they can demonstrate that it would cause them undue hardship.
What is the Defence in court?
The evidence that supports the innocence of a person accused of a crime
What is the prosecution in court?
The prosecution includes the evidence that supports the guilt of an accused person.
What does sequester mean?
To sequester means to remove from contact.,
Why are juries sequestered?
Juries are sequestered to ensure they consider only the evidence presented in the courtroom
What are the two major citizen-led organizations involved in the justice system? (Justice advocacy groups)
The John Howard Society and the Elizabeth Fry Society
The do Justice Advocacy groups do?
- They try to solve the underlying reasons for crime
- They provide public education about laws and the justice system
- They work with youths and adults who have broken the law to help them return to their communities.
- They stand up for the rights of youths and adults accused of crimes.
- They call for measures to improve the fairness of the justice system
What are Sentencing Circles?
Sentencing circles come from the traditions of some Aboriginal peoples, whose systems of justice can also include consequences such as banishment.
What is the constitution?
A special set of laws that establish a framework for governance
What is the highest law in Canada?
The constitution
What did the charter create for Canadians?
The Charter created constitutional protections for individual rights and freedoms, which apply to laws and governments across Canada.
What does the Charter set out for Canadians?
The Charter sets out rights and freedoms that Canadians believe are necessary in a free and democratic society
What are the fundamental freedoms?
- The freedom to express your opinions.
- The freedom to choose your own religion.
- The freedom to organize peaceful meetings and demonstrations.
- The freedom to associate with any person or group.
What are the Democratic Rights?
- The right to vote for members of the House of Commons and of provincial legislatures.
- The right to vote for a new government at least every five years.
What are the Mobility Rights?
- The right to move anywhere within Canada and to earn a living there.
- The right to enter, stay in, or leave Canada.
What are the Legal Rights?
- The right to be free of imprisonment, search and seizure without reasons backed by law and evidence.
- The right to a fair and quick public trial by an impartial court that assumes that you are innocent until proven guilty.
What are the Equality Rights?
• The right to be free of discrimination because of race, national or ethnic origin, religion, gender, age, or mental or physical disability.
What are the five section of rights?
Fundamental Democratic Mobility Legal Equality
What was the problem with the Indian Act?
It was passed without consulting First Nations, at a time when people of European descent generally viewed European ways as superior to the ways of other cultures
What did the Indian Act state about First Nations?
- Required First Nations people to obtain government permission to wear traditional clothing.
- Banned traditional ceremonies, such as the Sundance of the Siksika.
- Prevented First Nations from taking political action.