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Essays on the Canadian Constitution of 1982
Essays on the Canadian Constitution of 1982
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The Canadian constitution is bereft of democratic legitimacy; an alluring term for political democratic deficit. Over the past years, the unsuccessful attempts to reform its laws have made passing new bills and regulations almost an unreachable goal for every newly elected prime minister. This inflexibility in adapting new laws made the fundamental principles of the Canadian constitution knew only few reforms. The lack of democratic accountability in the Canadian parliamentary democracy is demonstrated not only in its electoral system, but also in its national parliament and at the federal level of its politics. Many reforms must be addressed in order to make the Canadian democracy healthier. Trying to apply new reforms in the Canadian constitution has been no easy task. The mixture of the parliamentary/monarchy powers denies the citizens’ direct participation in the government’s decision-making process and does not allow the existence of a complete free democratic system. A true democracy simply cannot fully exist with a restricted monarch selecting type of government and any reforms must be applied to make Canadian constitutions’ laws be based on democratic principles. The deficiency of the Canadian electoral system decreases the level of democracy in the Canadian constitution. Canadian citizens are known for being active in political matters; whether it relates to them specifically or not. In fact, “on average, educated, well informed, and interested in politics – all factors associated with high voter turnout.” But if this is the case, why is there a democratic deficit in the Canadian electoral system? The answer is simple: Most elections today rely heavily on media when it comes to national context; which decreases the l... ... middle of paper ... ....ca/~jheath/democracy.pdf (accessed October 17, 2013). Ibid. Ibid. Ibid. Tanguay, Brian . "Electoral Reform in Canada: Addressing the Democratic Deficit | Manitoba Law Journal." Robson Hall Faculty of Law. http://robsonhall.ca/mlj/content/electoral-reform-canada-addressing-democratic-deficit (accessed October 21, 2013). Heath, Joseph. "The democracy deficit in Canada." University of Toronto. homes.chass.utoronto.ca/~jheath/democracy.pdf (accessed October 17, 2013). http://www.ucl.ac.uk/spp/publications/unit-publications/24.pdf http://www.ppforum.ca/sites/default/files/edging_towards_diversity_final.pdf Ibid. Heath, Joseph. "The democracy deficit in Canada." University of Toronto. homes.chass.utoronto.ca/~jheath/democracy.pdf (accessed October 17, 2013) http://www.newswire.ca/en/story/627461/canada-suffering-from-huge-democratic-deficit-report-says
Canada is a parliamentary system with single member districts. That means Canada works on a voting system called first past the post, representatives can get elected even on small amounts of public support as long they receive more votes than other candidates. Ultimately, this system of government has its pros and cons. Harper called an earlier election because he presumed this electoral system would favour his party to win. Plurality systems tend to underrepresent small parties in parliament. Typically, why voters lean towards voting for candidates that they know would win rather than the candidate they want to win (Blais, 2002). This is because first past the post allocates seats in geographical areas. Smaller parties have the short end of the stick because it works in favour of parties with centralized support, which show why it might have been more likely Conservatives would have won. In addition, smaller constituencies boundaries have important effects on how an election would result encouraging gerrymandering. Eric McGhee describes gerrymandering as “a process of packing one’s opponents into as few districts as possible and seeking to win the remaining districts by the barest of margins” (McGhee, 2014). However, strategic voting made it less likely Harper would become elected. Since a bare amount of plurality votes is required to win seats, other parties votes are deemed ‘wasted’ votes thus voters manipulate votes to other
Canada’s parliamentary system is designed to preclude the formation of absolute power. Critics and followers of Canadian politics argue that the Prime Minister of Canada stands alone from the rest of the government. The powers vested in the prime minister, along with the persistent media attention given to the position, reinforce the Prime Minister of Canada’s superior role both in the House of Commons and in the public. The result has led to concerns regarding the power of the prime minister. Hugh Mellon argues that the prime minister of Canada is indeed too powerful. Mellon refers to the prime minister’s control over Canada a prime-ministerial government, where the prime minister encounters few constraints on the usage of his powers. Contrary to Mellon’s view, Paul Barker disagrees with the idea of a prime-ministerial government in Canada. Both perspectives bring up solid points, but the idea of a prime-ministerial government leading to too much power in the hands of the prime minister is an exaggeration. Canada is a country that is too large and complex to be dominated by a single individual. The reality is, the Prime Minister of Canada has limitations from several venues. The Canadian Prime Minister is restricted internally by his other ministers, externally by the other levels of government, the media and globalization.
For a democratic country to thrive, they must have a proper electoral system in producing the party to oversee our government. Since its inception in 1867, Canada has been using the first past the post system during elections to decide their leading party. Although we have been using this system for an extended duration of time, the FPTP system is flawed and should be changed. The goal of this paper is to prove the effectiveness of shifting to more of a proportional system, while also exposing the ineptness of Canada’s current system. With other methods advancing and little change of the first past the post system, this system is becoming predated. A variation of the proportional electoral system is key because it empowers voters, increases voter turnout, and creates a more diverse environment. Canada should adopt a more proportionate electoral system at the federal level if we wish to expand democracy.
1. Janda, Kenneth. The Challenge of Democracy. Houghton Mifflin Co. Boston, MA. 1999. (Chapter 3 & 4).
Stevenson, Garth. "Federalism and Intergovernmental Relations." Canadian Politics in the 21st Century. Ed. Michael S. Whittington and Glen Williams. Scarborough, Ont.: Nelson Thomson Learning, 2000. 85-1
One may be surprised to learn that the turnout rate of individuals voting in Canada's federal elections has never reached 80% (Elections Canada). In fact, it has been decreasing since the middle of the twentieth century, as shown by an increase in voter apathy. An electoral system is designed to provide those who live in democratic governments with the opportunity to vote – in an election – for the candidate whose platform coincides with their political beliefs. This can be achieved through a direct democracy, where citizens are directly involved in the decision-making process, or through an indirect democracy, where citizens elect a delegate to act on their behalf. In a direct democracy, all citizens would be present during governmental meetings and have the opportunity to give verbal input. As one may expect, this would be extremely difficult to coordinate with Canada's population of 34.88 billion (Statistics Canada). Canada uses an indirect democracy, which allows for two basic forms of electoral systems in which representatives are elected. In the simple plurality electoral system, the candidate who receives the greatest number of votes is elected, regardless of a majority or not. It is commonly known as the “first-past-the-post” system, which alludes to a horse race; the winner passes the post with the highest number of votes, and only need to garner more votes than their opponents. The successful candidate wins all the seats in their riding or constituency while the candidates who places second or third will receive no seats, regardless of how many votes they lose by. Proportional representation is the second form of electoral system used in Canada; the percentage of the votes received by a party is proportionate to the numb...
However, the proposed systems must be thoroughly examined for their compatibility with Canada’s needs and their ability to resolve the issues outlined in this paper. From distortion in representation to Western alienation and to making the voices of minorities heard, the new system must also ensure that Parliament fulfills its role in representing, legislating, and holding the government. More importantly, after the current government abandoned its promise on electoral reform, it is important for researchers and future governments to build on the knowledge acquired by the Special Committee on Electoral Reform as well as previous experiences of the provinces with electoral
David Kilgour and John Kirsner (1988), “Party Discipline and Canadian Democracy”, retrieved February 22nd, 2011 from http://www2.parl.gc.ca/sites/lop/infoparl/english/issue.asp?param=126&art=777.
Democracy is more than merely a system of government. It is a culture – one that promises equal rights and opportunity to all members of society. Democracy can also be viewed as balancing the self-interests of one with the common good of the entire nation. In order to ensure our democratic rights are maintained and this lofty balance remains in tact, measures have been taken to protect the system we pride ourselves upon. There are two sections of the Canadian Charter of Rights and Freedoms that were implemented to do just this. Firstly, Section 1, also known as the “reasonable limits clause,” ensures that a citizen cannot legally infringe on another’s democratic rights as given by the Charter. Additionally, Section 33, commonly referred to as the “notwithstanding clause,” gives the government the power to protect our democracy in case a law were to pass that does not violate our Charter rights, but would be undesirable. Professor Kent Roach has written extensively about these sections in his defence of judicial review, and concluded that these sections are conducive to dialogue between the judiciary and the legislature. Furthermore, he established that they encourage democracy. I believe that Professor Roach is correct on both accounts, and in this essay I will outline how sections 1 and 33 do in fact make the Canadian Charter more democratic. After giving a brief summary of judicial review according to Roach, I will delve into the reasonable limits clause and how it is necessary that we place limitations on Charter rights. Following this, I will explain the view Professor Roach and I share on the notwithstanding clause and how it is a vital component of the Charter. To conclude this essay, I will discuss the price at which democr...
The right to vote for non-citizens has become an increasingly controversial topic due to the strong and often divisive opinions of permanent Canadian residents. The capacity to vote is one of the most important and valued freedoms granted to individuals. Although the acceptance of non-citizen resident voting is frequently encouraged in order to propel self-governing justice and immigrant inclusion, opponents claim that it is in a nation’s best interest to delay voting rights to non-citizens. According to this claim, by preserving voting rights to citizens, non-citizens would have the social responsibility to actively learn the essential community services and self-ruled obligations necessary to earn their citizenship. In spite of this claim, non-citizens should be allowed to vote because the right to vote offers immigrants a more welcomed chance to contribute in the decision-making processes that take place in Canadian legislature. Seeing that this legislature administrates the rights and freedoms of the immigrant populations, it would only be just if immigrants had the right to elect candidates who spoke on behalf of their best interests.
It was said that Canada’s MPs’ power is been minimalize completely by the Prime Minister (Kilgour, 2012 p.1). The reason for less restriction of party discipline is to give them the permission to vote according to the public and personal belief rather than under the influence of the party whip, which will result in freedom of vote for general public. The reason that members of parliament are there are that: they are the representatives of the sections; they are the voice of the people. In Canada we do not elect our MPs to be a puppet solely to be govern under the prime minister. Our country is a democratic country where there’s freedom of speech and freedom to vote. In reducing the hold on party discipline allows the governmental personnel to openly state their opinions without sparking an unnecessary controversy. Which will benefit both opposition and government in power to discuss the controversial debates and will speed up the process of decision making.
The Prime Minister of Canada is given much power and much responsibility. This could potentially create a dangerous situation if the government held a majority and was able to pass any legislation, luckily this is not the case. This paper will argue that there are many limitations, which the power of the prime minister is subject too. Three of the main limitations, which the Prime Minister is affected by, are; first, federalism, second the governor general and third, the charter of rights and freedoms. I will support this argument by analyzing two different types of federalism and how they impact the power of the Prime Minister. Next I will look at three of the Governor Generals Powers and further analyze one of them. Last I will look at the impact of the charter from the larger participation the public can have in government, and how it increased the power of the courts.
Milner, Henry. First Past the Post? Progress Report on Electoral Reform Initiatives in Canadian Provinces. Ottawa: Institute for Research and Public Policy, 5(9), 2004.
Nakhaie, M. R. (2006). Electoral participation in municipal, provincial and federal elections in Canada. Canadian Journal of Political Science, 39(2), 363-390.
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...