POLI 101 Midterm

Question 1

Why were there uprisings?

Answer 1

Uprisings for Responsible Government against Crown appointed elites who had taken every position in government (Chief Judge & Head of State) in both provinces.

Despite uprisings being put down violently, after elections had been unashamedly corrupt, another uprising occurred

Question 2

Who and what did Lord Durham do?

Answer 2

Lord Durnham sent by Queen vested with the power of the Crown, surpassing Governor General, to figure out what was going on, a noble unexpectedly reported:
* A group with all authority, influence showed no responsibility, accountability to the people, only in keeping power to themselves, corrupt evil government, so obvious to everyone. More uprisings will follow until something is changed.
* Representative Democracy could not function with appointed legislation

Question 3

What showed how significant these uprisings were

Answer 3

Leaders of uprising, MacPac (Mackenzie–Papineau Battalion), have been honored with a statue and name after 2nd largest battalion sent to the Spanish War.

Question 4

Simplest Responsible Government definition

Answer 4

Democratic accountability & control of the executive by the (voted) legislative

Question 5

5 Conventions of Responsible Government

Answer 5

1. Crown acts on advice of the ministerial cabinet: past Crown appoints with all power, now PM recommends to Crown who they would like as Governor General and is a figure head/ceremonial position due to conventions although named Head of State, powers still codified in constitution but only used if PM asks
2. Executive=Ministers, MPs, must be elected representatives/legislators. Exception: PM can add a citizen to cabinet as long as they immediately run for office at first opportunity no matter the location, as unelected means undemocratically accountable
3. Cabinet is one body, takes** collective responsibility** for executive actions: can’t blame one person unless it is self, makes responsibility clear. Has been broken by Trudeau
4. Cabinet Ministers + PM must have the confidence (not control or party majority) of the House to be executive: vote of no-confidence is given explicitly by a) Vote of no-confidence requiring majority b) Defeat in a high stake vote, career tied
5. Vote of No-Confidence means PM must resign and/or call an election: MPs can tie well being to 1 policy vote to raise the stakes

Question 6

Conventions

Answer 6

Common acceptance, not written as 1 law, a number of laws spell it out, enforced politically by public opinion/election, applied with flexibility (ex.Wartime)

Question 7

What is the dominant power in Canadian government?

Answer 7

Dominant Power is the Parliament: strongest institution in institutional map, all is accountable to the House of elected legislators, ability to overthrow government, allowed by Responsible Government
* MPs are elected for limited time, Senators are appointed for life untied to parties to approve or challenge laws passed in lower levels to stop the riff-raff in House

Question 8

4 Conventions to Form Government

Answer 8

1. Crown selects/appoints, starts process of creating government: however the trigger is the resignation of PM
2. Candidate most likely to form the government/have the confidence of the house: declarations, seeking approval of other parties
3. Government is in power until PM resigns and/or calls an election: will stay in office until vote of no-confidence passed to ensure position is still filled (Max 5yrs, Traditionally 4yrs)
4. PM+Cabinet must resign if they lose confidence (not party majority or control) of the House:

Question 9

What is the Canadian Government legally v. colloquially? v. Canadian Parliament

Answer 9

CANADIAN GOV (colloquially means House b/c plays predominant role/exercise Parliament’s power by constitutional convention) is the Crown (repped by Governor General) + PM + Cabinet + Civil Service

Constitution gives “Legislative Power” to the CANADIAN PARLIAMENT: Crown + Senate + House of Commons

Question 10

Privy Council

Answer 10

Highest level of civil servants, lifelong provider of advice & discussion of all CAN governance relevant subjects led by non-partisan Clerk serving at the King’s pleasure, supports PM, Cabinet & GG, appointed by GG on advice of PM

Question 11

What is the Crown’s Role in Canada’s Government

Answer 11

Steward of responsible government & representative of head of state. Impartially part of it all & by convention above it all. ⅔ of Legislative+Executive+Judiciary.
* Controls legislative by constitutional convention of Royal Assent required for a law to be final advised by Cabinet, by convention must be given when asked. Legislative vested in Parliament, wrestled from Crown who is part of it: lawmaking, budgetary decisions
* Full control of executive. Executive vested in Crown exercised/delegated to PM & Cabinet

Question 12

Governor General + Responsibilities + Selection Process

Answer 12

Exercises the Crown’s power impartially on their behalf, Head of State, Head of Canadian Armed Forces for 5-7 years

Responsibilities: reserve powers (right to use on own initiative=controverisal) makes them reinforcer of responsible government, reminds politicians they are servants, not political masters
* Appoints PM, candidate most likely to hold confidence of the House, & their Ministers
* Summons, prorogues (postpone), & dissolves Parliament
* Calls elections to reconstitute House & end sessions of Parliamentary activity it initiates
* Counsels & takes advice from PM
* Dismisses PM attempting to govern without confidence of the house

Selection Process:
* Before: British nobleman reigning in place of Crown
* WW1: PM’s opinion asked, maturity of colony & ferocity during war
* WW2: CAN citizen appointed ever since

Question 13

Cabinet

Answer 13

In practice are the only members of Privy Council who have power to discuss all things governance & advises GG nominated by PM representative of the country assisted by parliamentary secretaries

Question 14

Collective Responsibility

Answer 14

Cabinet must maintain confidence of house, take responsibility for all decisions together as it must have been approved by all before show in Parliament, discussions kept confidential to show no disagreement/division.

Question 15

Cabinet Committee System

Answer 15

Efficient small groups that do/discuss/recommend to full cabinet specific business/policy can do more than 30+ to accommodate growth of country & its matters, differs b/w PM’s, most efficient 5 of 6 people

Most Important Committees
* Super Committee: priorities/planning committee chaired by PM responsible for determining broad lines/priorities/agenda of government policy
* Treasury Board: committee that manages government expenditure

Question 16

Prime Minster + Responsabilities + Powers

Answer 16

Strongest person in gov, dances an intricate tricky line/holding a pigeon, controlling/only leader of party (stronger+lose allies/confidence of House/lonely) vs uncontrolling/clear line of succession (allies+weak+threatened) of Cabinet
Responsibilities + Powers are all constitutional convention giving them more freedom & power
* Spokesperson+Chairs Cabinet, brings consensus, guides the ship
* Organizes machinery of government: departments, committees
* Represents government
* Advises GG: 1)Appointments of all ministers, empty Senate seats & Supreme Court Seats (TONS of regulations/independent checks/boards) to GG. 2)Advises GG on dissolution of Parliament or elections

Question 17

Prime Ministerial Government v. Cabinet Government

Answer 17

• MPG: PMO growing substantially more powerful, in the age of digital media where the chief spokesperson for gov has a public profile that dwarfs the cabinet. Decentralizing tendencies of cabinet committees, becoming focus groups for the PM, have given more power to the PM for agenda, broad stroke decisions.
• CG: PM power is limited to how much control they have over their party, as must still keep confidence of the House, their caucus (their party’s MPs & cabinet) are key source of support, thus alienating them by running a Prime Ministerial Government must be balanced with a Cabinet Government

Question 18

Who Assists the Prime Minister

Answer 18

1. PMO Prime Minister’s Office small partisan secretariat organizes PM’s schedule, answer mail, routine tasks, monitoring, advice, led by Chief of Staff
2. Deputy Prime Minister: second in command, filling in when PM is absent or indisposed
3. Privy Council Office: non-partisan career civil servants, ensure public service implements policy & delivers services directed by current gov, advice

Question 19

Civil Service + Branches

Answer 19

Non-partisan professional citizens hired on merit who run the business/executive tasks of government that are too complex or numerous to be done by cabinet under symbiotic political control. Run by Deputy Ministers with advanced technical training & civil experience who advises Minister.
* Line Departments: ministries that provide/deliver services to general public (Ministry of Transport, Health, Foreign Affairs)
* Central Agencies: groups that coordinate government policy (PCO, Department of Finance, Treasury Board Secretariat)

Question 20

Why Do Ministers Resign?

Answer 20

Ministers resign over CS issues
* Political Accountability through Ministerial Responsibility: ministers accountable to House of Commons for conduct of every civil servant in department, will be required to resign for substantial incompetence/impropriety or ensure appropriate disciplinary/corrective measures be taken

Question 21

Foundational Values & Inspiration of CAN Gov

Answer 21

• British Parliamentary Democracy
• US federalism
• Democracy: Indirect & limited political equality (not socioeconomic, people are not equal in making political decisions, not all citizens ought to be involved directly in the election of all political officers. Regime belongs to us all equally: equality of citizenship & everyone can run for office), small representative
• Liberty: everyone is free to do whatever they wish provided there is no law prohibiting

Question 22

How & why is Canada less democratic than US?

Answer 22

Democracy: indirect & limited political equality (not socioeconomic but everyone can run for office) by
1. Principle of one man one vote (limited equality, only those with stake, gentleman with means & resources to run for office)
1. House of Commons (middle class representatives)
1. Senate (higher chamber of appointed reps of refined gentlemen of higher sociocultural level)
1. Monarch (rep of Crown+UK Gov have final say in matters)
1. Residual Power & Large Affairs as Federal Jurisdiction

Reasoning: Aristotle’s Democracy → Tyranny of the Majority (uneducated poor): equality can lead to tyranny of the majority, uneducated poor will come for the educated, emotions of the majority is easily manipulated through populism (a charismatic figure promising to fix all injustices)
* Evidence: Socrates got the public to publicly vote for his execution by manipulating their emotions

Question 23

How is Canada a traditional liberal nation + Examples?

Answer 23

Liberty: rights of citizens that the political authority cannot violate or interfere, preventative barriers such as private v. public liberties, protection of minorities (designed to protect rich), rule of law (all ruled by same law with some expectations depending on who you are, everyone treated the same) enforced by
1. Charter of Rights & Freedoms Constitutionally Entrenched
1. **Judiciary+Supreme Court **Immense Political Agency & Power
* Natural Rights: inalienable rights a la enlightenment, god given as certain as gravity, you are born with by just being human (ex.Freedom of speech, rule of law)
* Utilitarianism (a la Roman republicanism Summum Bonum): rights need to be flexible and keeps into account of the good of all for order, stability, progress and usefulness to public good (ex.Social Welfare, universal healthcare)
* Harm Principle: liberty of the individual ends when it hurts others (ex.Surveillance, Eminent Domain)

Question 24

Definition of Constitution

Answer 24

The supreme foundational basic law of a country, allows one to understand a country and its leaders, establishes
* Structures & Institutions: describes, outlines what power, what they can do (election, parliament, 3 powers)
* Rules: sets out rules, how to do, no law can go beyond its limits, base/foundation of all laws
* Assigns Roles & Responsibilities: who can & who should do what

Question 25

Purpose of Constitution

Answer 25

• Separation of Powers: organization of power (individual, few, group) and process to choose government and make laws Legislative, Judicial, executive
• Attribution of Powers: what powers are held for each group Federal, provincial, municipal, God, Rule of Law
• Limits of Power (Liberal): what government can’t do enforced by prohibiting and allowing
• Guidelines for Change: how to change constitution, CAN: 1982 took awhile from fear of loss of status quo, dominion status, UK had this power, province vs federal gov drama. constitutionally

Question 26

Elements of a Constitution

Answer 26

• Political Conventions: political customs that are collectively agreed upon neither written in one law nor enforced legally, but accepted as norm
• Laws: almost always clearly explained, constitution provides basic guidelines, paths and power to groups to create them Ex. No drinking and driving is not in the constitution, but gives powers & limits to municipal government to set
• Entrenched Laws: very clear foundational laws (ex.Constitutional laws)

Question 27

Breaking Convention

Answer 27

A political norm or common practice is broken.

Consequence of Breaking Convention: can be undermined (ex.Trump, National Emergency Act) starts a new precedence, never been done before, may incite social outrage

Question 28

Canadian Constitution Timeline

Answer 28

1867: established Dominion of Canada, more than colony, less than independent, dependent on Britain, self-governing maturity
- Act of British Parliament: colonialism, democratic validity, independence, identity
- Content: similar to UK, name, outlines exec+leg power, parliament, provincial constitution, division of power, no Suupreme court

1982: modernizes & completes, charter of rights & freedoms, heavily impacted by Gang of 8 & P. Trudeau agenda
- Judicial Overview: process under which a government’s executive, legislative, or administrative actions are subject to review by the judiciary
- Constitutional amendment power given to CAN
- Provincial powers, equalization payments

Current
- The Daddies: Indigenous consideration
- a sleeping lion currently, TONS of procedures for amendment

Question 29

How were rights protected before Charter?

Answer 29

Rights were dominant (for whites) conventions and norms protected in different ways (Ultra Vires/Convention/Norm) & levels (Fed/Courts/Provincial)
* Bill of Rights 1960 was federally binding but not enforceable (Chinese head tax, Japanese internment), not provincially
* Ultra Vires (Beyond Ability): court’s key judicial argument/method to preserve most rights by striking down provincial legislature that infringed on individual rights by opposing them on the basis of a violation of their provincial jurisdiction Ex. New Alberta Bill of Rights amendment to gun ownership struck down by Ultra Vires as it is federally jurisdiction

Question 30

Charter Definition

Answer 30

Constitutionally entrenched, created, limits and protects our most basic rights & freedoms from political authorities which gave a lot of power & political agency to courts which they never meant to have including legislative power adopted in 1982 with the constitutional amendment, added language rights in consideration of Quebec

Question 31

Objections to Charter of Rights & Freedoms

Answer 31

1. Huge transfer of political power, legislative action and law creation conflicts decided by unelected judiciary of law experts (elite minority imposing moral/political views on democratic majority) through remedies. Cases without excesses of Democratic Power the Supreme Court are unelected law experts that can overrule parliament, with constitutional high powers.
2. Basis of legal system in individual rights+freedoms (European British liberal traditions) over communal rights+freedoms, unable/bypasses/ignores responses to collective issues, especially Indigenous Rights to Self-Government, treaty rights, conceptions of justice
3. Rarely Useful as Judiciary rarely stray from majority public opinion, as public confidence is necessary for courts to exercise authority, so not really preventing what is meant to prevent

Question 32

Best Example of Legislative/Law Making Power of Courts

Answer 32

Kapan (symbolical knife): Constitutionally Freedom of Religion vs Collective Safety, Provincial Gov banned, then Supreme Court compromise allowed to carry as long as impossible to wield/unsheath which impacted further laws as a new precedent (aviation regulation)

Question 33

Best Example of Court Power Over House

Answer 33

CAN v. Bedford: prostitutes sued the government for laws that made the conditions of their legal work extremely dangerous. The Supreme court unanimously ruled (1) overboard regulations to achieve aims (2-3) Grossly disproportionate → strike down laws in 6 months for the government to find replacement in the meantime so regulations still exist.
1. Avails of work: banning people who earn money off of marketing prostitutes (pimps) → can’t hire bodyguards & protection
1. No Bawdy Houses: houses that promote/allow sex trade → no safe working environment
1. No public communication and marketing of prostitution → unable to warn or support each other from dangers

Question 34

Best Example of Courts Not Overstepping their Power

Answer 34

Declaratory remedy, courts ruled government in violation of human rights regarding Omar Khadr’s torture in the US in which a remedy would venture into foreign policy which it had no authority

Question 35

Purpose + Powers of Courts

Answer 35

Democracy codifies liberalism’s individual rights+freedoms, while 9 supreme judges safeguards these constitutional rights from the excesses of democratic power (legislative+executive violations of Charter).

1. Strike laws down by declaring of “no force of effect”
2. Read in aspects of laws, essentially creating law, by interpreting the law to mean more than it says (ex.Read in freedom from discrimination on basis of sexual orientation)
3. Delayed Effect of strike given to legislative to alter/adjust the law, especially if they are substantial and pressing (ex.Protective prostitution regulations)
4. Strike down evidence that is illegally/unconstitutionally obtained to avoid erosion of entrenched laws
5. Declare even without remedies (ex. Omar Khadr)

Question 36

Section 1 + Issue + Solution

Answer 36

Section 1 - There are Reasonable Limits to rights if they can be demonstrably justified in a free & democratic society - otherwise/gray zone courts decide when+what limitations are appropriate for our rights

Issue: Very open to interpretation, what is justifed in a free+demo. society? No right is absolute for sake of common good, they conflict, and differ in order of value

Solution: Oakes Principle

Question 37

Oakes Principle + Case

Answer 37

/Oakes Principle from → Oakes Case (arrested guilty until proven innocent of drug trafficking, violated Section 11d cannot be justified by section 1 thus Narcotics law struck down) Principle is the testing procedure to limit interpretation: rights will be limited if
1. Pressing/Substantial Issue & Law- Drug sale is a substantial pressing issue, however striking down policy won’t harm this mission so this law isn’t pressing.
1. Proportional Application/suitability of means used to pursue law’s objective - Penalizes the innocent disproportionately, not good means to goal
- Unrational () or non-arbitrary (no connection b/w means & objective)

Question 38

Section 33 + Support v. Opposition

Answer 38

Section 33 - Notwithstanding Clause: most disputed aspect of Charter, law is immune to/bypasses judicial review for 5 yrs, infinitely renewable, by legislators staking career on it, kept accountable by the people, usually only used for big laws that could be unconstitutional
* Support: democratic legitimacy, law making should only be made by Parliament (elected legislators)
* Opposition: unchecked uncontrolled political authority, courts stripped of any power to uphold constitution & public interests

Question 39

Best Example of Controversy of Section 33/Clear Violation of Constitution

Answer 39

Bill 21 banning display of religious garb+symbols when providing or receiving public services interaction → discriminatory)

Question 40

Unitary v. Federalism System

Answer 40

Unitary System (most common): 1 central authority only sovereign power in the land, can loan/delegate power, change alter, take back whenever (Simple, less conflict)

Federalism: different authorities manage different land/tasks/duties, sovereignty shared equally or unequally, cohesively or messy, complicated

Question 41

Historical v. Modern v. CAN Federalism

Answer 41

Historical: ancient, very common, cities banding together, coexisting, temporary & permanent forms throughout time & place
Modern: completely codified (in law) political form always in motion as society & conditions of world change
CAN: mutant, living, changing, shifting power, complicated entity unique to CAN history, constantly negotiating & changing, completely different from founding vision
- CAN minor responsibilities/resources have evolved to become major, thus has tremendously more power than before

Question 42

Intention of CAN Federalism

Answer 42

Provinces as little more than municipalities, colonies of a colonizing power, subordinates to the unitary gov, only local private issues, all great subjects & residual power are federal matters, lieutenant governors as de facto leader (final legal say/little kings) rep of Crown
* Learned from US (civil war), what to avoid & not do, states rights led to war → weak controlled provinces
* Didn’t trust riff-raff, common folk, shady representatives
* Replicating own system of colonization, their idea of what was safe, correct, civil

Question 43

Why Canada needed Federalism + Objections?

Answer 43

Why Needed It:
* Huge country, enforcing laws and communication difficult if centralized, too messy, expensive and diverse to be unitary
* Prevent US+France invasion, relieve UK from cost
Objections:
* Diversity of needs, rights, culture, governance, private deals, people, power
* Provinces didn’t want to seed power to higher authority, messy, unmanageable, corrupt
* Differs from UK’s unitary system, loyalists

Question 44

Evolution + Issues of CAN Federalism

Answer 44

• Summary: designed to be controlled centralized dominated from the center system → now uncontrolled, more decentralized system in constant negotiation
• Issues: Quebec, western alienation, divided loyalties, representation+fiscal challenges, 2 big players
• Chapters:
  1867-1896: fed domination/overrule/control over weak provinces
  1896-1914: rise of provinces, equalization of power as immigrant populations rise with unique challenges, necessity & institutional desire
  1914-1969: rise in federal power as national problems arise (World Wars + Great Depression) it required strong national power/reach
  1960-1995: provinces claw back & get new powers from economic prosperity, comfort zone, attention to local needs & cooperation b/w fed & prov (Vive Quebec)
  1995-Present: collaboration entrenched through variations, province demands & banding together against federal

Question 45

Fiscal Federalism

Answer 45

How Do We Pay For It: complicated & messy, who has money, where they got it, strings attached
1. Tax Room: where they decide/discuss where taxes and wiggle room goes, who gets what, joint occupancy by fed & prov, used to be only provincial’s as it was peanuts
1. Federal Spending Power: federal buys influence of province with their disposable income flexibly, condition or unconditional transfer (do this, never do this) Ex. Never charge for healthcare if we give you this money, Progressive Taxation: more taxes for those more well off
1. Equalization Payments: federal gives funds to provinces who can’t lift own weight with own means, no enough people & products to tax, Western Independent Movement: disproportionate taking from Alberta and giving it to Maritimes

Question 46

Municipalities v. Territories

Answer 46

Municipalities: loaned provincial power who acts like a unitary state, creatures of the provincial government, owner decides what/how much/can take back
- Each have different powers from differing provincial governments & needs, lots of learning, exchanging of tactics, ideas b/w mayors banding together

Territories: loaned federal power, relationship exactly like province+municipality, a colony of fed., massive land few people with evolving different priorities and populations
- Powers, organization and officers similar to provinces. Elected councils, commissioners and similar powers
- Indigenous rights & demands further complexify negotiations + government

Question 47

History of Indigenous Governance

Answer 47

History of CAN & IND gov: genocide (+culutural), domination, assimilation
Indian Act 1876 still in effect designed to assimilate, take the savage out, civilize them through proper governance, forcibly stole Ind. children=most well document instrument of genocide (physical, biological, cultural)
Charlottetown Accords 1992 rejected at national referendum (Mulroney resigned from loss of confidence), last attempt to alter substantially/comprehensively constitution without British Government, widely negotiated agreement, exhaustive change will never occur again
- Satisfies everyone = pisses everyone, supported by PM, all Premiers, media, academics (intelligentsia), Indigenous organizations, Federal & Provincial Governments
- Contents: Quebec Amendments (own nation+rights+history), Federal Powers, Charter of Rights, Institutional Reform, Indigenous Government (3rd Order of Governance constitutionally autonomous from fed+prov governments)

Current: individual agreements varying for each nation/band, they negotiate like municipalities in a unitary relation for control/stewardship of land, rights, security with loaned power/borrowed/temporary/taken back whenever, not in context with their situation

Question 48

Outlook of Indigenous Governance & Why This is the Case

Answer 48

Outlook: Most complicated, vibrant possible way to change system, current negotiations happening, increasingly more central to CAN legal, political and economic system to meet Ind. needs often characterized by group/community rights & freedoms

Why This is the Case:
1. IRSSA-Indigenous Residential Schools Settlement Agreement (2006): largest class action lawsuit, 90000 Indigenous Peoples sued the government of Canada, settlement was money and the creation of the Truth and Reconciliation Commission official government document as gov of CAN last resort, forced, avoid desecration of Canada’s image
1. Truth & Reconciliation Commission (TRC 2008-2015): took 7 years fought at every level, What We Have Learned: physical, biological and cultural genocide committed, Canada’s Aboriginal policy central goal were to eliminate Aboriginal gov, rights, treaties and cause them to cease to exist as distinct legal, social, cultural, religious & racial entities in Canada through assimilation
1. WWIWG 231 calls to action+94 Calls to Action: large systemic change to every aspect of life+legal normative systems (2 out of 13 entities have implemented UNDRIP), child welfare, education, health, justice, culture/language, media, business, museums, legal system, equity, UNDRIP

Question 49

History of Residential Schools + Consequences

Answer 49

1. First Mohawk Institute RS 1831, “voluntary” first nation girls
2. Bagot Report 1845 a need to “civilize the savages” to become useful members of society by using US industrial schools to teach trades+skills
3. Gradual Civilization Act 1857 selected few Ind. with English+skills given citizenship (⅓ selected received with none of the promised benefits)
4. Indian Act 1876 designed to destroy tribal authority governance, leadership, appointed leaders & could veto at any time
5. Tribal Authorities found as major block to civilization, deemed source of evil, adults too far gone, must get to the young
6. Gov Funded IRS System 1880, mandatory 1894, amount of funds based on # of students, incentivizing the capture of more kids hidden by families
7. 139 schools, 30% of all native children, run by Catholic, Anglican & United Churches
8. Last federally funded RS closed in 1997

Consequences: displacement, depopulation, abuse (official experimentation, lawful sterilization), those who went to check in suffered mental IRSSA breakdowns

Question 50

Majority v. Minority Government

Strengths v. Weakness

Answer 50

Majority Government: governing party controls majority of parliamentary seats
Efficient & strong, but less controlled & accountable, more accountable to own party
- Fusion of Powers: executive & legislative (⅔ of government) are one mind

Minority Government: governing party controls less than majority of seats, needs to be supported by other parties as an ongoing deal or case by case
- Less efficient slower & harder, ordeals every time but strong accountability & responsiveness to other groups/concerns represents a larger group of interests

Question 51

CAN v. US
Head of State
Party Discipline
Election TIming
Policy-Making Efficiency
Political Liberty
Accountability
Forming Cabinet

Answer 51

See Doc

Question 52

What is a Political Regime?

Answer 52

Inner logic that ties the political institutions of a country, in common speech a particular group of rulers. Form of government & underlying political principles that provide the legitimate basis for that form of government, answers the question who rules (one, few, many) and why (self, common good, just or unjust).

Ex. Canada is a Liberal Democracy & a Constitutional Monarchy with a Federal Parliamentary System

Question 53

Incompatibility of Federalism & Reponsible Government

Answer 53

Representation within national gov, equality of individual citizens or equality of state/provinces.
House of Commons (equality of individuals), Senate (equality of regions). Impossible for chamber to be equal in power as House is legislative & executive, can’t be shared with Senate, House dominates while Senate is peripheral, real power are the 2 provinces with largest seats/people, leads to citizens in other provinces to feel they have little control over national governments, smaller prov thus blame federal/House for all their woes
Region concerns are funneled through federal-prov division, not fed legislature.
Provincial Party Power not the same as their Federal representatives: prov feel even more powerless, misrepresented,

Question 54

Political impact of Charter

Answer 54

Courts/judges more powerful active political players, new access points for policy change if normal political channels are unavailing, articulate policy objective in terms of type of rights deprivation seeking judicial remedy, decided questions formerly decided by governments+legislatures. Attention to judges+how they’re appointed, from executive prerogative to matter of public participation.

Question 55

House of Commons + What Does it Do

Answer 55

Only law making & elected body seen as the only legitimate of the 3 branches in Parliament. Comprised of 338 seats weighted by population skewed towards smaller provinces. Confrontational design based on the Westminster System, MPs speak towards the Speaker rather than each other, Layout of House: adversarial nature of gov, gov & opposition face each other, PM & cabinet seated directly opposite of leader of Opposition & shadow cabinet frontbenchers, the others backbenchers.

Pass Laws/Adopt Bills: legislature legislates, multiple days to discourage hastiness. Tax or expenditure must be introduced by a minister
* 1st Reading - What is it?
* Prepare for debate, facts, research
* 2nd Reading - What do we think/discuss?
* Committees amendment suggestions until ready/give up to pass to floor
* 3rd Reading - Are we good? Vote House+Senate –> royal assent + proclamation

Pass+Debate Resolutions: affirms positionality of government to world, debate+vote, test public reaction

Scrutiny of Expenses: before commitment & after, allocation/budgeting/checks

Information for all Question Period: MPs, public, foreign audiences, hold gov accountable to tis work

Question 56

House of Commons Parliamentary Calendar + Procedures

Answer 56

Parliamentary Calendar: runs in sessions divided into sittings where House meets adjourned for MPs to travel+deal with constitutencies, unbroken time Parliament is active , all legislative work must be completed within or else must start from scratch, determined by PM’s advice to GG to prorogue.
* General Election: new contingent of MPs elected to House, new P convened by decision of PM for First Session
* Start: opens with Throne Speech given by GG prepped by PM’s office, outlines proposed legislative program with help of Senate + select dignitaries, debated for a few days, followed by a vote of confidence
* Ends when PM advises GG who prorogues (terminates) session
* Examples: Harper undemocratically asked for a prorogue to delay losing confidence in the House. Justin ran a non-stop session of 4 yrs
* Restarts: After multiple sessions or depending on the confidence of the House, the PM seeks a new mandate by general election by formally requisitioning GG to proclaim a dissolution of P. Cycle then repeats

Conventions:
* Diminish confrontational aspect: speak to Speaker & Mention only titles (I am here bro!)
* 20 mins per speaker per law
* Government has right to ‘closure” shut down discussion & vote immediately: Harper liked a lot, more efficient, majority anyways, undemocratic

Question 57

Shadow Cabinet & Party Discipline & Question Period Original v. Current Design

Answer 57

Shadow Cabinet: opposition members tasked with confronting a specific opposing party’s minister, every minister has an opposing member who trails them. Team of opposition critics for each gov’s ministries
- Collegiate, open, friends
- Confrontational, secretive

Party Discipline/Political Liberty/Independence:
- More independent, representing the people of your riding which at times means going against the leader of the party.
- Trained seals, backbenchers. Leader dominates, no opposing leader or towing line or else kicked out.

Question Period
- Ability to change minds & behavior, discussion mattered, big votes determined by talks, speeches
- Political scene, attempt to make the press, get a sound bite. No change will occur, discussion doesn’t matter.

Question 58

Senate + Reform

Answer 58

Chamber of sober second thought independent of House same as HoC in theory but almost always reviews/recommendations. Designed for rich by rich, still today 105 senators still strongest lobby for the rich, banks, oil & pharmaceutical companies, shuts down laws being passed regarding these interests

• Senator Requirements: posses $4000 in liabilities

Reform: low-key discussion, reformed appointment criteria by Trudeau advising GG to appoint past MP’s who declare as independent into a party of loyalists, new rules now more independent & active

Question 59

Original Design of Judiciary

Answer 59

Daddies last consideration:
Settle Disputes b/w private parties (person v. person)
Handle some cases of public law (person v. society/crown)
* Provincial Courts: rest left to provinces who had very different legal structures, in charge of smaller legal issues
* British Committee of Privy Council (Supreme Court of Canada didn’t exist yet): final decision makers for big legal issues

Question 60

Current Design of Judiciary

Answer 60

Private Law: legal disputes b/w private parties before going to court for matters that don’t require court (ex.Theft)

Public Law: matters that must be taken to court process/cannot be privately settled
* Criminal Law: defines crimes, provides range of punishments judges decide within
* Administrative Law –> Adminstrative Tribunals: non-criminal, huge size & depth (ex.Employment contracts, conditions, age, wage, union, funding, etc.)

Question 61

Administrative Tribunals

Answer 61

Due to the size of this law, they exist not as judges/legal bodies, but federal & provincial quasi-judicial bodies/independent government agencies of experts, most of legal governance happens here, hands that lift CAN daily lives, regulate gov, determines laws, application, creation, regulation
* Decisions/regulations can be appealed to higher governmental groups
* Always subject to judicial review

Question 62

How to settle private disputes before going to courts?

Answer 62

1. Negotiate: one on one
2. Mediate: third party that finds middle ground encouraged legally
3. Arbitrate: both parties must agree to ruling by a third party that settles the issue that is binding (ex. Usually found at bottom of contracts to seek arbitration of disputes occur)
4. Courts often as a last resort

Question 63

How to get a judicial reivew of constitution?

Answer 63

Judicial Review of Constitution = Judges Weighing in On Laws: externally triggered through

Legal challenges: police checking trash on pvt property expectation of privacy ends
* Preliminary Review: appeals to higher court must be brought & asked/reviewed before being passed, can be rejected/appealed. Must persuade at least 2 judges by either being a serious error of lower court or raises important legal/constitutional issue that needs to be settled by highest court

Reference requests: people involved with law ask courts aid with technicalities of law “is it acceptable”

Question 64

Fundamental Principles

Answer 64

Impartial: self-regulated principle, act as politically neutral referees that ensure process is properly/legally done less involved as parties, even if cause the honorable as public perception plays a key role. Decisions can be appealed by leave, judge that champions certain rights must take a step back
- Bound by facts & process of cases, expected to bring ethics, merits of the case alone, opoinions formed outside of these bounds must be ignored
- Option to appeal judges decision to higher court, incentive to be fair, objectivem if issues found with facts and what law says about them

Independent: from the executive through teneurship (can’t be dismissed unless for obvious reasons), regulations of their incomes and control over their schedule

Equal Treatment Before the Law: principle of Rule of law, all parties are/should be treated equally by courts
- Impossible to ever be achieved as systematic socioeconomic inequalities exist creating money/lawyer affordability/quality and time/taken off of working/endurance inequalities

Question 65

Courts of Canada

Answer 65

s92: fully provincial, jursidiction, rights, issues, matters
s96: within provincial courts regarding federally-uniform (shared) issues with federally appoints+paid judges
s101: fully federal, fed appointed+paid judges, jursidiction, rights, issues, matters
SCC: final court of appeal, deciding legal issues of public importance, which contribute to the development of all branches of law in Canada

• Integrated Judicial System: one system under joint custody of both orders of gov, administration of justice controlled by prov. Gov,

Draw diagram

Question 66

9 Supreme Court Judges + History + Decisions

Answer 66

Appointed by GG by advice of the PM given short list by independent boards of diverse perspectives (academics, experts, citizens, lawyers by slips, interviews, etc.) views, levels, opinions, Highly regulated still undeniably political regarding social policy issues
* By law 3 from Quebec due to their french civil code law system, differs from UK Common law, which requires those fluent in it
* By convention 3 from Ontario, 2 West, 1 Atlantic
* Requirements: functionally bilingual, law degree, 10 yrs experience, distinguished, represents CAN (gender, ethnicity, culture, etc.)

History: before partisan, now highly regulated

Decisions: aim for unanimous decision to project confidence & strength in changes to laws that shape CAN system, life, every branch
- MAJ D + DOP: most agree, some disagree
- MAJ D + COP: all agree with differing reasoning
- MAJ D + COP + DOP: bad precedence, seems unsure

Question 67

Elections Importance

Answer 67

Election of lower part of House is our main major (only) source of democratic legitimacy, makes our system democratic to meet the democratic mandate/policies/ideas. Every political institution is eventually accountable democratically through elections, thus in some sense rep interests of electorate. Direct democracy impossible for large populations, every citizen cannot be present at every legislative assembly, hence a representative elected.
- Representation: seen as delegates=spokesperson transmit views of majority who elect them, trustees=entrust responsibility of gov character and judgment, party member loyal supporters of policies advocated by their party, all at odds. Although these interest could oppose.

Question 68

What is the assumption when we vote for a particular candiate?

Answer 68

Assumption is that we vote for the party, but it is more complicated (ex.Rising wave of Conservatives in CAN). Representative Democracy is a complicated beast: MPs & MLAs mouthpieces for constituents or party or combination?

Question 69

Election Procedures

Answer 69

• Divide the country into ridings/constituencies of roughly 111,166 people with exceptions, every MP supposedly represents that many people roughly. Super expensive, time consuming.
• Each riding/constituency (a body of representation) divided into polls (makes counting manageable) of roughly 250 people,
• Every riding has a Chief Elections Officer, 338 returning officers, many poll clerks, 2 scrutineers per party
• Candidates need 100 signatures & $1000 deposit to run
• Federal and provincial parties are not related in any way
• Require minimum 12 MPs to be a party in Parliament, then given federal aid, justified to be funded by government - Don’t support the weak, must be strong enough to receive support

Question 70

CAN Electoral System + Who Wins v. Loses

Answer 70

Single Member Plurality: also known as first past the post, one person who gets the most/plurality votes, more than others, NOT majority by any definition, creates stronger governments
* Huge Issues: Overwhelming amount of MPs only legitimately represent 11-18% of their constituency (not everyone votes, only 30% of that). Majority party are only elected by 24% of electorate
* Always benefits the biggest national party, Popular vote very different from actual seats less than 40% of electorate that turn out is enough to win a majority (in reality just 24% of electorate). Liberals with only 33% of vote has nearly 50% of the seats
* Also benefits regionally focused parties. “winner-take-all” approach, Heavily concentrated support>spread out support. Bloc Quebequois with 1% more votes than Greens has 29 more MPs and has 8 more seats than NDP even though they have 8% more votes
* Grossly disadvantages small national parties. With PR Green would have 22 seats compared to their 3 seats in SMP

Question 71

Electoral Reform in CAN

Answer 71

Issues: wasted votes, disadvantaged supporters, seats don’t correspond to popular vote ignored by parties in power who benefit from SMP

Electoral Reform in Canada: has been weak, unsuccessful as it asks strongest party give up political power to change system that benefits them, anything in CAN system that works is usually stuck with. Parties Don’t Agree to any system that doesn’t favor them
* SMP Support: Bloc would suffer with both, Conservatives can only win majority
* STV support: Liberals are usually second choice of voters so would always be majority gov with this system
* PR support: NDP & Green many more seats

Question 72

Other Types of Electoral Systems

Answer 72

Design of Electoral System Depends on
1. Division of Electoral Districts v. One national election
1. Number of representatives for efficiency of legislative body & rep of population
1. Method of Election: plurality (most), rank, party v. candidate

Proportional Representation: proportion of population that votes for a party gets same proportion of seats in that house
* Huge Issues: yields weak coalition governments, deadlocks, internal politics for each vote, inefficiency especially for large countries, regional inequality
* Advantage: fairer, more representative of population, no strategic voting required or wasted votes

Mixed Member proportional: mix of proportional representation & single member plurality which Canada tried to use for reform. Voters vote twice; local candidate & party list, blends party list form with MSP, some seats elected on basis of party list system (0.25-0.5), the rest elected using SMP, most common way of implementing PR

Preferential Ballot:
* Majority Runoff: candidates run until they have 50% of vote, top 2 go to second round of voting
* Ranked Ballot: rank preference, weighed counting 1st, 2nd, 3rd etc. If no candidate has majority of 1st votes, last-place finisher according to a plurality vote is eliminated, and the votes supporting the eliminated choice are transferred to their next available preference, repeating until one candidate has majority 1st
* Single Transferable Vote: multi-member district system, splitting seats in a district instead of one party taking all

Question 73

Why Do We Have Political Parties?

Answer 73

• Useful & there is no law prohibiting them, not in constitution, nor is it a political convention however laws and conventions regulate political parties and assume their presence. They are the political system, allow all core principles of regime to work: responsible gov.
• Electoral system must draw the strongest link possible b/w voters & cabinet which is ensured by party representation given a democratic mandate to carry out a line of policy & still be able to debate within their caucus as delegate+trustee. If each rep was elected as being independent delegates+trustees there wouldn’t be a link b/w voters & gov since such unique opinions & interests won’t be met.
• 5 Functions: interest aggregation, policy development, political education, recruitment, fundraising

Question 74

Political Parties Downsides v. Upsides

Answer 74

Downsides:
* Trained seals, backbenchers, have no liberty or initiative
* Negative Impacts on Democracy + Democratic Processes: No discussions, no open hearts, speeches never change minds + crossing bench is unforgivable
* False forced opposition/conflict - Her Majesty’s Most Loyal Opposition’s purpose is to oppose the government, even if they support their policies to avoid giving them support, stifles debate, focusing political deliberation on partisan advantage rather than common good
* Domination of Political Field: 2 party system, 3 small parties, 1 regional party

Upsides: organizationally very very useful & central to the political system serving 5 Functions
* Diverse parties is a sign of a healthy democratic regime, totalitarian govs move quickly to extinguish political opposition, concentrate all the power, can power peaceably pass from on party to another

Question 75

5 Functions of Political Parties

Answer 75

Political Party: publicly organized groups motivated by a common ideology: set of political ideas who goal is to have their members win public office to have those ideas put into practice
1. Recruitment: connect/support/empower people to politics – institutionally middle man routinely – gatekeepers/filters candidates (prevents Trump), recruit members, supply leaders through conventions, constituency nominations
1. Fundraising: allows us to regulate, observe & control money in politics (campaign expenditure caps depending on size of riding)
1. Interest Aggregation: create/identify, rep, balance CAN wide-interests (usually) create CAN-wide groups for CAN-wide issues
1. Policy Development: CAN-wide solutions for CAN-wide issues championed+discussed
1. Political Education: primary sources/agents of political interest, persuasion for citizens and education on holding office

Question 76

Party Ideologies

Answer 76

Party Ideologies (Worldview): set of cohesive ideas that seeks to promote a particular social & political order, designed to;
* Describe existing socio-political order
* Present an ideal vision of what political order should look like
* Prescribe a means to transform the existing into the ideal

Question 77

Ideological Scale

Answer 77

Ideological Scale: not all parties are equally ideologically driven
* Brokerage Parties: flexible practical low partisanship, interest driven (ex. oldest parties, Liberals & Conservatives)
* Ideological Parties: high partisanship, dedicated to cause, often willing to give up power for their ideals (ex. Newest parties, NDP, Green, Bloc Quebec)
* Protest Parties, Single-Issue Parties

Question 78

Organization of Parties

Answer 78

338 individual elections + organizational structures for each party in each riding with own membership/constituency association, leadership, meetings, funding & nomination structures (less as leaders weighing in more influential). Parliament is only tip of iceberg of giant political structures underneath in constant motion. Ongoing changes to leadership & membership issues & finances (more impartial & neutral than anything else)

Question 79

History of Party Finances

Answer 79

Past: relied donations from wealthy individuals & large corporations, bribery, corruption Macdonald+Mackenzie grossly corrupt in today’s standards, veterans came back shocked → Bagmen 40s-70s arms length accepting funding

Now: provincial & federal system similarly very strong neatly regulated
Parties/candidates get 60% of spending reimbursed if successfully getting 10% of riding, tax credit for CAN who donate, rewarded for vote not seat with state funding.per-vote public subsidy, incentive to keep track of funds well. No attempts for big reform, tweeks constantly happen

Question 80

Conservatives v. Progressives

Answer 80

Conservatives v. Progressive: preservation v. change, constant & universal, highly context dependent on place, time, situation (ex.US progressives aren’t progressive in CAN or EURO). 2 Main Parties sit on this scale, only ones dating from the confederacy
* Conservatives: traditional values, oppose power of state
* Progressives: state should play large role, income equality=opportunity equality, regulations
* Liberal Party: natural party of CAN, major moments in history, in office more than any other party. Provincial rights, flag, charter, autonomy, sep church v state
* Conservative Party: oldest, responsible mature, standing for order & stability, changed over time (Daddies). CPC - Progressive Conservatives 2003 bring together strains of conservatives

Question 81

NDP + History

Answer 81

NDP - New Democratic Party: 1930 West socialist movement (collapse of prairie economy by capitalist interests) that saw central CAN owned by embedded interests of rich/powerful (family compact), selfish, alienation, opposing working class industrial labors & farmers, combined with Ontario Labor Unions (1960s)

History of Ideological Party hard core anti-capitalist/socialist West → Brokerage Party a labor union, democratic, reformist that often works with liberals to sneak in their policies

Question 82

BQ + Green History+Other Parties

Answer 82

Bloc Quebecois: 1990 Quebec multi-party beginnings, “people like us”, only party still loyal to origins, less “Quebec libre”, example of how SMP influential in shaping kinds of political parties

Greens: 1998, biggest loser of SMP + biggest winner of PR, challenging landscape, greening all parties instead of one green party

18 Registered parties in total

Question 83

Parliamentary Officers/Key Roles

Answer 83

Independent Speaker of the House: voted in on first day usually is an MP of majority party but supposed to be independent/impartial. at beginning of each P to preside over debates, take responsibility for its administration, don’t take part in debate, permitted to vote only for tie break or necessity to maintain status quo by convention

Clerk: transcribes takes down notes, responsible for official paperwork of House, provide procedural advice to Speaker

Sergeant-at-Arms: head of security for House of Commons, carries golden mace needed to start session

Budget & Ethics People/Committees: chaired by opposition & high level individual groups
* Hansard: secretaries keep official record of debates
* Auditor General: review gov spending, very important, their reports led to downfall of many gov
* Parliamentary Budget Office (PBO): reports to speakers, provides P with ind. Assessments of govs financial position, budget estimates, broader economic trends that may have an impact on gov’s finances. Estimates of costs for proposals, election promises
* Conflict of Interest & Ethics Officer: reports to speaker, conflicts of interests that arise b/w members’ private interests as citizens & their public duties as MPs (ex.Jody Wilson-Raybould)

Question 84

Partisanship

Answer 84

Partisan: loyal follower of a cause, dependable, willing to defend the cause & wants to see it succeed, balance of high & low needed, ideals & practicality
* High (ideal): reasonable commitment, hope ideals will prevail in fair contest of ideas & argument
* Low (practical): retail practical get into office and then achieve those ideals