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The Institutions « ... Consisting of the Queen ... » « … an Upper House styled the Senate… » « … and the House of Commons. » The Role of the Opposition The Administration of Parliament Private Members The Broader Context of Parliament “There shall be One Parliament for Canada, consisting of the Queen, an Upper House styled the Senate and the House of Commons.” With these simple words written in the Constitution Act, 1867, the founders of Confederation drew on the British model they knew best to give shape to Canada’s legislature. The three institutions of Parliament are the Crown, the Senate and the House of Commons. These bodies complement one another in their composition and functions. « … Consisting of the Queen … » In her capacity as Sovereign of Canada, the Constitution declares that executive authority is vested in the Queen (s. 9). While the Prime Minister exercises the powers of the Head of Government, the official functions of the Head of State are carried out by a person with no political affiliation — the Governor General — who is appointed by the Queen as her personal representative on the advice of the Prime Minister. The Governor General today performs official duties on the advice of the Government. The Crown’s presence in Canada is still evident in the Governor General’s constitutional powers, including:
The Governor General also fulfills important ceremonial duties — recognizing the achievements of outstanding Canadians, receiving foreign delegations, travelling overseas as Canada’s Head of State, and hosting and taking part in official events. « … an Upper House styled the Senate … »
During the debates which led to Confederation in 1867, Sir John A. Macdonald, who would become Canada’s first Prime Minister, pointed to the primary purpose of the Senate as “calmly considering the legislation initiated by the popular branch, and preventing any hasty or ill-considered legislation which may come from that body”. The Senate’s intended role was also to safeguard regional, provincial and minority interests. Some basic facts about the Senate include:
« … and the House of Commons. » The House of Commons provides for the representation of the country’s population in the national assembly. Some key facts about the House of Commons:
In Canada, the party with the greatest number of elected representatives that is not the governing party becomes Her Majesty’s Loyal Opposition. This party takes the lead in holding the Government accountable for its policies and actions. The leader of this party becomes the leader of the Official Opposition, sitting directly across from the Prime Minister. The duty of the Official Opposition and other opposition parties is to “challenge” government policies and suggest improvements, and present an alternative to the current Government’s policy agenda. Opposition members have various opportunities to influence the formulation of laws and policies, including the daily Question Period in the House of Commons. The Opposition is allocated 20 “Opposition Days” or “Supply Days” each calendar year when it can propose a motion for debate and criticize the Government on issues of broad national policy. Members of opposition parties also serve on parliamentary committees in both the Senate and the House of Commons. In the Senate, the Opposition often plays a less partisan role. The Leader of the Opposition in the Senate leads the Opposition in debate, coordinates its daily activities and confers with the Leader of the Government in the Senate on its business. The Leader of the Opposition, like the Leader of the Government, is an ex officio member of all standing committees and helps coordinate party strategy. The Administration of Parliament The administrative
organizations of the Senate, the House of Commons and the Library of
Parliament provide a wide range of services to parliamentarians. The
Administration in both the Senate (400 employees) and the House of Commons
(1,300 employees) works “behind the scenes” to serve parliamentarians.
Its support includes procedural and legal services (advice and support
for legislative and committee work), precinct services (security, architectural
planning, and building support and maintenance) and administrative services
(human resources, communications, information technology, printing,
finance and corporate management).
The Senate Administration The
House of Commons Administration The Library of Parliament
Although its library and research services are reserved for parliamentarians and Parliament, the Library offers a range of products and services designed to promote public awareness about the history, role and activities of Parliament. The Library produces information kits, brochures and fact sheets for distribution to the public, organizes guided tours and visitor programs in the Parliament buildings, and offers educational programs and services — such as the annual Teachers’ Institute on Canadian Parliamentary Democracy. The term “private Member” refers to any Member in either the Senate or the House of Commons, sitting with the Government or the Opposition, who does not hold an office or a partisan leadership position. Also called “backbenchers” because they do not usually sit in the first row, these parliamentarians constitute the vast majority of the membership in the Senate and the House of Commons. While most of the business debated in Parliament is sponsored by the Government, private Members also have the opportunity to bring forward their own initiatives for consideration by their respective Houses. Any private Member proposing a bill must make sure that it does not involve the expenditure of public money, as such bills can only be sponsored by a minister in the House of Commons. In the Senate, individual Senators have a variety of opportunities to bring matters of particular concern before the entire Senate on any sitting day. With one or two days’ notice, a Senator can launch a debate or an inquiry that is non-votable, seek to establish a committee to investigate any topic falling within federal jurisdiction or present a bill for adoption by Parliament. In the House of Commons, consideration of business proposed by private Members is limited to five hours each week. As in the Senate, these items of business can include motions or bills. Private Members must manage a series of steps in competition with other Members that tends to limit the number of private Members’ motions or bills that are actively voted upon during the course of a parliamentary session. Nonetheless, Private Members’ Business is an important vehicle for airing the concerns or preoccupations of parliamentarians and the citizens they represent. The Broader Context of Parliament Parliament as a legislative body functions as an instrument of government within a broader structure that includes the Executive Branch and the Judicial Branch. In the Westminster-based model of parliamentary government, the Executive, comprised of the Prime Minister and the Cabinet, is incorporated into Parliament, while retaining a separate sphere of authority and autonomy. The Judiciary, consisting of the Supreme Court and all the other courts of the land, is the third branch of government that is also independent of either Parliament or the Executive. Canada’s Parliamentary System The
Prime Minister and Cabinet Traditionally, the Prime Minister tries to ensure that every province is represented by at least one Cabinet Minister. If voters in a province do not elect any government supporters, the Prime Minister may choose a Senator from that province for the Cabinet. Most Cabinet Ministers are responsible for the administration of one or more government departments and report to Parliament on their departments’ activities. To ensure a productive relationship between the Cabinet and the Senate, the Leader of the Government in the Senate usually serves as a Cabinet Minister — the benefit being that there is someone in the Senate who can speak for the government of the day. The Prime Minister and Members of Cabinet are accountable to the House of Commons. Ministers answer questions, propose legislation and defend the policies on behalf of their department and the Government against the scrutiny of the opposition parties. The
Federal Bureaucracy The
Judicial Branch This is especially important in a country like Canada with a federal system of government where legislative powers are divided between the national and provincial governments, and with a constitutional Charter of Rights and Freedoms. Since 1949, when appeals to the British Privy Council were finally abolished, the Supreme Court has been the highest court in the land. It makes final decisions on the interpretation of law based on the Constitution. The court is composed of nine judges, three of whom must come from Quebec. Judges of the Supreme Court and higher level federal and provincial courts are appointed by the Governor General on the advice of Cabinet and hold office until they reach age 75. |
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Library of Parliament - November 2002 |