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Department
Political Science
Course
POLS 2300
Professor
Tamara Small
Semester
Fall

Description
1 POLS 2300 Final Exam Review Format: Short Answer 6 sections – chose 1 of 2 questions (6 questions total) 60 marks = 10 each Tips: Define all concepts as you state them Read questions/follow instructions Budget time (15-20 minutes per question) The Constitution & Constitutional Change - Constitution o The fundamental rules by which a country is governed o Three key relationships:  1. Branches of government  2. Levels of government (division of power)  3. State and the people o Principles:  Rule of law: the principle that individuals should be subject only to known, predictable, and impartial rules, rather than to the arbitrary orders of those in governing positions  Constitutionalism: the belief that governments will defer to the rules and principles enshrined in a constitution and uphold the rule of law - Canadian Constitution o Entrenched  Constitution Act, 1867 (formerly the BNA Act)  Constitution Act, 1982  Charter of Rights & Freedoms o Non-entrenched  Organic statutes (acts of a constitutional nature)  Orders in council o Judicial decisions  Judicial review: the authority of the courts to invalidate laws passed by parliament or provincial legislatures that they deem to be in violation of the Constitution  Judicial Committee of the Privy Council (1949)  Supreme Court of Canada o Conventions  Widely accepted informal constitutional rules  Not legally enforceable by the courts  Examples:  PM/Premiers are not mention in any parts of the Constitution  Senate no longer uses their power to shut down laws  Responsible government – losing vote of confidence = election called, unless governor general says no, then PM must resign 2 - Constitution Act, 1867 (formerly BNA Act) o Unpatriated o “…federally united into One Dominion” o “…with a Constitution similar in Principle to that of the United Kingdom” o Missing:  Quebec  No mention of distinct society  Aboriginals  Only mentioned in a clause that says the federal government is responsible for them  Popular sovereignty  Rights  Independence  Most problematic  Separated from Britain, but not independent  Called BNA Act because it is a statue/legislation within Britain - Patriation o Failures:  1964 – Fulton-Favreau Formula  1971 – Victoria Charter  Both failed because Quebec withdrew support o Unilateral patriation  Federal government patriates Constitution themselves (Trudeau)  Formula very similar to Victoria Charter  Includes: Charter of Rights and Freedoms  Extremely provocative  Caused split in provinces: ONT and NB agreed with federal government  Other 8 provinces: „Gang of Eight‟ o Patriation Reference, 1981  Supreme Court of Canada: unilateral patriation is legal, but there is a convention of provincial consent  Thus, legal but unconstitutional  Need „substantial‟ degree of provincial consent  Negotiations were restarted – led to „Night of Long Knives‟  Attorney Generals for the other 9 provinces make a deal in the hotel overnight (in Ottawa) while Quebec‟s people were staying in Hull, Quebec overnight  Quebec found out the next morning in the boardroom through a piece of paper left in Quebec‟s spot at the table  Notwithstanding clause - Constitution Act, 1982 o Equalization o Provincial control over natural resources o Official Languages Act (bilingualism law) o Native rights o Amending formula 3  Reason we are patriated  Formal process for changing a written constitution o Charter of Rights and Freedoms - Amending Formula o 7/50 rule o ONT has veto, P.E.I. and Quebec do not o Constitutional Amendments Act, 1996  ONT, Quebec, BC veto‟s  2 Atlantic provinces with more than 50% of the region‟s population  2 Prairie provinces with more that 50% of the region‟s population - Charter of Rights and Freedoms o Fundamental freedoms o Mobility rights o Legal rights o Equality rights o Linguistic rights o Education rights - Meech Lake Accord (1987) o Quebec wanted:  Immigration control  Supreme Court selection  Opting out of any plans federal government passed onto provinces  Veto vote in amending formula  Distinct society o Failed in 1990 – no support from Manitoba and NFLD - Charlottetown Accord (1992) o Canada Clause  Distinct society (nonsense writing) o Institutional reform  Change the Senate and appointments to SCC o Distribution of powers  More power to provinces o Aboriginal self-government o Referendum – Oct. 26, 1992  54.2% voted No - Difference between Accords o 1. Focus – Quebec vs. Canada (Aboriginal rights) o 2. Negotiations – Executive federalism vs. multilateral negotiations o 3. Public involvement – none vs. substantial - Canada‟s constitution has „rigid constitution‟ (hard to change) Charter of Rights & Freedoms - Types of Rights: o Freedoms (negative) – government and other citizens must refrain from… o Protections (negative) – government and other citizens are not allowed to… o Benefits (positive) – obligation to give 4 o Individual – ex: each person has the right to vote, not all of Canada together o Collective – groups have the right because of the group they belong to - Before the Charter: o British parliamentary system protected rights and individual freedoms  Common law and parliamentary supremacy o Canadian Bill of Rights (1960)  Ineffective:  Not entrenched = easy to change, not agreed upon (couldn‟t pass bill)  Bill of the Federal Parliament – didn‟t apply to the provinces (provinces can pass legislation that is not consistent with this bill)  Didn‟t challenge principle of parliamentary supremacy – did not empower the courts of judicial review (i.e. courts couldn‟t do anything about acts that are inconsistent of the Bill of Rights) - Rights and Freedoms o Fundamental freedoms (negative, freedom, individual) o Democratic rights (positive, benefits, individual) o Mobility rights (positive, benefits, individual) o Legal rights (negative, protections, individual) o Equality rights (negative, freedom, individual) o Linguistic rights (positive, benefits, collective) o Education rights (positive, benefits, collective) - Limitations of Rights o Section 1 (Reasonable Limits Clause):  Reasonable limits, demonstrably justified, free and democratic society o Section 33 (Notwithstanding Clause):  Oakes Test – law is so important that a Right may be violated  Minimal impairment – does the law minimally impair freedom  Proportionality – overall effects of the law must be proportional to the objective - Remedies: o 1. Strike down a law that is inconsistent with the Charter  Law is nullified o 2. Postpone the nullification of a law for a given period  Fix legislation to be consistent with the Charter, if not done by certain date = struck down o 3. Strike down the offending parts of a law without nullifying the entire law  Strike down some part(s) of the law to make it consistent with the Charter o 4. “Read in”  Make law/clause wider to fit o 5. “Read down”  Make law/clause thinner to fit o 6. Grant an exemption  Some groups can be exempt from the law to make the law acceptable 5 - Has the Charter made the courts too powerful? o Yes:  Judicial activism (Vriend vs. Alberta (1998))  Homosexual fired in Alberta for being homosexual, challenged Alberta government, SCC “read in” sexual orientation  Legalizing politics o No:  Charter dialogue (between court and legislatures)  Charter proofing - Changes to the Political System o Parliamentary sovereignty: the supreme authority of parliament to make or repeal laws o Judicial review: the authority of the courts to invalidate laws passed by Parliament or provincial legislatures that they deem to be in violation of the Constitution The Federal System Definitions: - Federal System – A system governing which authority is divided and shared between the central government and provincial government with each deriving its authority from the constitution - Constitution Act, 1867 – Divides government activity into authority of Canadian Parliament or the responsibility of the provincial legislatures - Residual Power – Power over matters not listed in the Constitution Act o Peace, Order and Good Government allowed Parliament powers to override specified provincial powers - Classical Federalism - View that a federal system should be based on autonomous federal and provincial government, each with its own specific areas of responsibilities - Disallowance Power – The right of the Canadian Cabinet to disallow provincial legislation for one year after its passage - Reservation Power – The right of the lieutenant governor (appointed on the recommendation of the PM) to reserve passage of a provincial legislation until that legislation is approved by Canadian Cabinet - Declaratory Power – Right of the Canadian Parliament to declare any local works or undertakings within a province to be for the general advantage of Canada or for the Advantage of Two or more of the Provinces and then legislate on that matter - Types of Federalisms o Intrastate Federalism – Provincial system in which provincial interest are represented in national political institutions o Interstate Federalism – Federal systems in which provincial interest are represented primarily by provincial government o Cooperative Federalism- Feature of Canadian federalism in the two decades following World War II in which federal and provincial government were under federal leadership 6 o Competitive Federalism – particularly between 1960‟s and 1984, provincial and national government competed in order to maximized their autonomy, power, and popularity with the voters o Collaborative Federalism - Trend which tried to have both levels of government work together equally in deciding some major policies o Open Federalism – Harper Government‟s approach to federalism involving money transfers, respecting constitutional division and provincial autonomy and limiting the use of federal spending power o Asymmetrical Federal System – Federal system in which different provinces have a different relationship with the federal government including different powers from other provincial governments o Executive Federalism – Basic nature of federal-provincial interaction since the 1940‟s o First Ministers Conference – Formal meetings of the prime minster and premieres, along with large supporting delegations of ministers, aides, and officials o First Minsters meeting – Informal private meetings of the prime minster and premiers o Council of the federation – An organization established by the premiers to enable cooperation among the provinces - Federal Provincial Financial Arrangements o Taxes o Transfer Payments  Payments given from the federal government to the provicnail government  This can lead to Fiscal Imbalance –View that provincial government do not have a proper share of revenue to carry out their responsibilities  Conditional Grants – Federal grants to provincial governments for specific programs that have to meeting conditions set by the Canadian Government  Shared Cost Programs - Provincial programs in which the Canadian government generally paid half the costs o Spending Power – Ability of Canadian Government to spend its money how it sees fit  Block Grants – The unconditional transfer of a block of money from the federal government to a provincial government  Canada Health Transfer – Block Grant intended to fund Medicare and hospital insurance although some conditions are involved  Canada Social Transfer – Block grant intended to fund post- secondary education, social assistance, early childhood education, and child care program o Equalization Payments – Unconditional grants from the Canadian government to the government of poorer provinces to bring their revenue raising capabilities up to a national standard 7 Canadian Nation and Identity and the Challenge of Cultural Diversity Definitions: - Nation-State – A state in which the population shares a single ethnic culture - Classical Liberalism – An idea that the government should be neutral in regards to religion and culture. Rather, they should focus on individual rights and freedoms of life - Multination state – State which contains more than one nation - Nation – A community which occupies a given territory and shares a distinct culture and language - Polyethnic State – A state that contains many ethnic cultures o Anthony Smith distinguishes Canada as two types of nations – An ethnic nation and Civic Nation - Ethnic Nation – Community with a distinctive history and culture which operates solely in the interest of that cultural group. Members share common ancestry, language, customs, and traditions - Civic Nation – A community based on the common territory in which its members live and are governed o Canada is not an ethnic nation  Original inhabitants were indigenous people with many different cultures language and societies.  Migration of thousands of French and British settlers then continued to diversify Canada - Identities – Individual and group self-understandings of their traits and characteristics - Move away from British connection was reinforced by two policies: o Official bilingualism in 1969 and Official Multiculturalism in 1971 - Official Multiculturalism – Policy introduced in 1971 which encouraged individuals to embrace their culture and tradition of their choice while retaining Canadian citizenship - William Kymlicka described Canada as a multination state with 3 distinct national groups: 1) English 2) French 3) Aboriginal Aboriginal Canadians and French Canadians are both considered national minorities - National Minorities – A culturally distinct and potentially self-governing society that has been incorporated into a larger state - Canada also is a polyethnic state with many ethnic groups - Ethnic Groups – A group of immigrants who have left their homeland to enter another society although do not have their own separate territory in their new homeland. o Canada is challenged with responding appropriately to claims of national minorities and ethnic groups for recognition of their distinctiveness. o 2 ways of approach: 1) Extend legal protections for civil and political rights to individuals 2) Grant special group based legal or constitutional rights to national minorities and ethnic groups. a. Iris Young refers to this as differentiated citizenship 8 - Differentiated Citizenship – Granting of special group based legal or constitutional rights to national minorities or ethnic groups - William Kymlicka recognizes at least three forms of group based measures 1) Self-Government Rights – Group based right that grants a national minority some kind of territorial jurisdiction or autonomy over its political and cultural affairs 2) Polyethnic Rights – Group based right that allows ethnic groups and religious minorities to express their cultural distinctiveness without discrimination 3) Special representation rights – Provision of guaranteed representation for particular groups in legislative bodies or other political institutions - In 1979, British governors replaced French officials and English speaking merchants from Britain o America took over Quebec‟s economic affairs. - French Canadian clerical and political leaders urged their people to resist Assimilation through a strategy of la survivance, also called survival - Assimilation - Process through which groups of individuals with a different culture learn and adopt values and norms of the host society o 1774 – Quebec Act was passed to secure allegiance of French-Canadian clerical and civil leaders to the British crown - Quiet Revolution – A series of political, institutional, and social reforms put forward by Quebec Liberal Leader Jean Lesage starting in 1960 o Official Language Act of 1974, also known as Bill-22, made French the sole language of Quebec. - Was later replaced by the Charter of the French Language, also known as Bill-101, in 1977 - Charter of French Language‟s main features were 1) French would be sole language in Quebec 2) Businesses with fifty or more eomployees would need to receive a “francization certificate” as a condition of doing business in the province. 3) Commercial signs and advertisements would be in French only 4) Children could enrol in English school of one of three conditions were met 1) Child‟s parents had been education in English in Quebec and the child has a sibling already going to an English school 2) Child‟s parents were educated in English outside of Quebec but were living in the province when the law was passed 3) Child was already enrolled in an English school when the law came into effect - Supreme Court of Canada ruled that Quebec‟s provisions went against section 133 of the British North America Act which guarantees equality of both languages in the Quebec National Assembly and in the courts of Quebec - 1980 – Prime Minister Pierre Trudeau promised that his government would begin the process of renewing the federal system if Quebec voted no to the sovereignty-association proposal - 1982 – Constitution Act, 1982 was enacted although failed to satisfy requests for change that Quebec governments had presented since the Quiet revolution o Did not follow these conditions: 1) Did not recognize the character of Quebec as a distinct society 2) Restricted provinces‟ exclusive rights in linguistic matters 9 3) The amending formula removed what Quebec considered as its traditional veto over constitutional changes 4) Amending formula did not guarantee financial compensation for provinces that chose not to participate in a transfer of provincial legislative power to the Canadian Parliament other than on matters related to education and culture - Due to close vote in regards of Quebec‟s 1995 sovereignty referendum, federal government created 2 strategies to defuse Quebec‟s nationalism o Plan A) Designed to convince Quebec about the benefits of staying in Canada. o Consisted of non-constitutional initiative that allowed Quebec a form of veto over future constitutional acts. This was called the 1996 Constitutional Amendments Act. o Plan B) Aimed at clarifying the terms for secession to make it harder for future referendums on Quebec‟s sovereignty to succeed  This led to the Clarity Act by the Liberal government of Jean Chretien. - Clarity Act – An act which sets out the rules by which the government and Parliament would react to future referendums - 1952 – Immigration Act – limited the admission of people on the basis of their 1) Nationality, citizenship, ethnic group, occupation, class or geographical area of origin 2) Peculiar customs, habits, modes of life, labour, education, health 3) Probable inability to become readily assimilated or to assume the duties and responsibilities of Canadian citizenship - Independent Immigrants – People with specific occupational skills, experience, and personal qualifications who are selected on the basis that asses their ability to adapt and contribute to the country - In 1967, point system for independent immigrants was adopted - In 2002- Immigrant and Refugee Protection Act amended points system o More weight on formal education and English / French knowledge - Refugees – People living in or outside Canada who fear returning to their country of origin due to torture, or risk of life - Permanent residents – Immigrants who are allowed to live in Canada and receive certain rights and privileges while remaining a citizen of home country - In 1977 – current citizenship act came into force o Allowed Canadians to take citizenship in another country while keeping their Canadian citizenship - Integration – Multidimensional process through an immigrant becomes member of the host society - Canada has three main programs to help immigrants assimilate into society - 1) Immigrant Settlement and Adaptation Program provides funding for the following o Translation, interpretation, job search o Pre and post arrival orientation session o Settlement support in schools for everyone o Enhanced language training o Mentoring, work placement, help to get immigrants a job - 2) Volunteer based Host Program – matches newcomers with Canadian host who will help assist them in integrating into Canadian culture 10 - 3) Language instruction for Newcomers Program (LINC)- funds language instructions and assessment for adult newcomers in English and French o In 1971- Canada first country to adopt the multiculturalism act o Heritage Act – All language other than First nations and Inuit peoples and English/ French - Human Rights Act – 1997 – Prohibits discriminatory practices against individuals based on their race, nationality, or ethnic origin. - Employment Equity – 1995 – aims to achieve equality in workforce so that no one is denied employment opportunities for reasons that are not linked to ability. The Executive - Westminster Model – Model of representative and responsible government used in the United Kingdom and in other countries that emulate it - Prime Minister – Head of government, meaning the person chosen by the governor general to form a government able to retain the confidence of a majority of the elected house of Parliament. - Formal Executive – That part of the executive consisting of the Queen, the governor general, The queen‟s Privy Council for Canada, which possess formal constitutional authority and by convention acts on the advice of the political executive. o Governor General exercises all of the monarch‟s powers and authorities  The Queen is for ceremonial duties for Canada  Governor General is appointed by the Queen on the recommendations of the Prime Minster. Job is to represent the Queen. - Cabinet –Active part of the Queen‟s Privy Council for Canada. Composed of the PM and Ministers, it controls most of the exec and legislative powers of government - The Crown – Repository of all of the executive powers of the state and is the supreme authority for government - Discretionary Prerogative Powers – Powers that the monarch‟s representative may exercise upon his or her own personal discretion. Also called reserve powers / personal prerogative o Examples: appoint and dismissal of prime minster, dissolution of parliament - Political Executive – Prime minster, cabinet, and ministers of state o Political Execs are the most power part of the political system  They are silent on its existence and operations  Work in silence which opens way for flexibility o Much of its direction is in convention rather than statute - Governor in Council – Formal name given to Cabinet in order to cloak its decisions with constitutional authority- Phrase means the governor general is acting on the advice of the Queen‟s Privy Council for Canada, the active part of the Cabinet - Categories of Office in the Ministry 1. Prime Minster – The Most powerful of the ministers 2. Ministers – They head departments of government 3. Ministers of State (also termed secretaries of state) – Usually assigned to help ministers 11 - Parliamentary secretaries – Government party members chosen by the Prime Minister to assist a minister or occasionally more than one minister – Not part of the ministry, do not have access to Cabinet documents - Responsible Government – Cabinet needs the continued support of the majority of elected House to stay in office o Involves 2 related aspects 1. Individual Ministerial responsibility – Responsibility of individual cabinet ministers to the House of Commons for the decisions and actions they administer 2. Collective Ministerial responsibility – Convention that the cabinet as a group is responsible to the House of Commons for the actions of the government - Cabinet Solidarity – Ministers must avoid public disagreements over policy, even if they clashed in their opinions in the Cabinet room, and they must vote in unison in the House on government business o Cabinet solidarity is important for its historical practice, but also strategic value  Opposition and media will take advantage of division in the Cabinet - Cabinet secrecy – Forbids the disclosure of views expressed by ministers in the setting of Cabinet and Cabinet committee discussions, in order to encourage frankness - Powers of Prime Minister: Five P‟s 1) Parliamentary leader 2) party leader 3) patronage 4) policy maker 5) public face - Limit on the Prime Minister‟s Power o The Federal system provides limit to what a prime minister can do o Public opinion can sometimes act as a potent counter o The Cabinet can provide an important limitation to Prime Minister  Prime Minister focuses his attention on big public polices while leaving Cabinet to do other policy changes in their department  The minister of Finance holds great power to tell what the government what they can or can‟t do - Cabinet‟s Functions: 1) Plays leadership role for political system a. Individual ministers lead their own department 2) Expected to be the main source of policy generation 3) Performs certain measures collectively in the name of the Governor General 4) Provide coordination for all the activities and decisions - The Prime Minister appoints cabinet ministers o Can also appoint senates if there is no minister representation in the province - Used to choose based on religion  shifted to importance of language o More women and ethnic and visible minorities are more common in the cabinet - People with specific occupations will be put to provinces which they can most relate to o Fisheries and Oceans – gets minister from Atlantic Canada o Ontario cabinet ministers usually go to finance and industry departments 12 - Stages of Cabinet development – 3 Models 1) The traditional a. From 1867 – 1920‟s i. Federal Cabinet was used for Federal – Provincial adjustment 2) Departmentalized a. From 1920‟s 1960‟s i. Relied on Ministerial autonomy while needing full cabinet and prime minister in order to achieve coordination 3) Institutionalized Cabinets a. From 1960‟s – 1990‟s i. Emphasizes collective decision making through a system of cabinet committees and central agencies 4) Prime-Minister centred Cabinet a. It is argued that we have shifted into a current Prime Minister centred Cabinet i. Cabinet decision making process “belonged” to the Prime Minister - Cabinet Decision making process o 2 types: 1) Full Cabinet 2) Cabinet Committees - Cabinet Committees – Group of ministers who examine policy proposals and recommend to full cabinet what actions should be done - Reforming the Prime Minister and Cabinet o 4 ways: 1) Lessen Prime Ministers number of appointments he can make 2) Make governing parliamentary caucus in charge of selected members of the ministry 3) Enable parliamentary party caucuses to remove party leaders regardless if they are the Prime Minster 4) Put the decisions of the Prime Minister and the Cabinet up for democratic debate The Parliament The Legislature - The Canadian Parliament
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