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The impact of Constitutional Convention
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Prime Minister Stephen Harper is not a true representative of the people. Neither an academic nor an average Canadian, Mr. Harper is, first and foremost, a political tactician. He climbed his way to Parliament Hill and the position of Prime Minister along with a minority government in 2006 and has, ever since, used all means necessary to keep that – ever striving for a majority, which was finally achieved in the spring of 2011. However, in 2008 Harper was the source of a prorogation crisis, in which he, out of fear of losing the confidence of the House and giving up his role for an unstable coalition government, requested to then-Governor General Michaelle Jean that Parliament be prorogued in an effort to stave off the coalition and create a fiscal update that will be acceptable to the House. Through this request and subsequent approval by Jean, Harper and Jean have been accused of undermining the Constitution and creating a democratic deficit in Canada.
The debate surrounding the 2008 prorogation crisis calls into question an abundance of topics such as the legitimacy of the Governor General, the nature of constitutional conventions, and the freedoms and lenience given to the Governor General on executive decisions. Furthermore, it could be argued that any prorogation decisions made by the Governor General are catch-22 in nature; in essence, if the request is denied, in the case of Harper in 2008, his government would have been defeated in a confidence vote and a questionable, arguably unstable coalition headed by Liberal leader Stephane Dion would have come into power. However, when the request was approved, it allowed Harper to, with lack of a better suited term, shirk his duties as Prime Minister of Canada and prolong the co...
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...ratic level of discretion on ministerial advice, any and all decisions made by them are generally catch-22 in nature. There will always be a negative consequence, or a large group of Canadians who feel as though there was a better alternative. Nevertheless, the Governor General takes that into account, as Michaelle Jean did in 2008. Jean also let Stephen Harper know that “she was not a rubber stamp for his request to shut down Parliament… [and] that it was within her constitutional discretionary power to turn him down,” (Franks 35). All the same, in the end Jean believed that the best course of action for Canada would be to keep Harper in power and stave off the confidence vote by means of granting prorogation – had Canadians truly not wanted Harper in power, one could argue that the results in the election barely a month earlier should have better reflected that.
The Meech Lake accord was a set of constitutional amendments that were designed to persuade Quebec Province to accept the Canadian Constitution Act of 1982 (Brooks 152). This accord derives its name from the Meech Lake, where these negotiations were held by Mulroney Brian, the Canadian Prime Minister, and the ten premiers of the ten Canadian Provinces (Brooks 211). By the time the Canadian constitution was being implemented, Quebec was the only province that had not consented to it. Somehow, the partition of the constitution in 1982 was carried out without Quebec’s agreement, but it was still bound by the same law. Attempts were made to persuade this province to sign the constitution, which it agreed to do but only after its five demands are fulfilled by the Canadian government. Unfortunately, these demands were not met and this accord failed in 1990, when two provincial premiers failed to approve it. This paper answers the question whether Quebec asked for too much during the Meech Lake Accord negotiations.
William Lyon Mackenzie King, Canada’s longest serving prime minister, is known for both the great contributions he brought to Canada and for the scandals he was involved in. The one event that makes him most famous to Canadians is the King-Byng Affair of 1926. During this event, Mackenzie King asked Lord Byng to dissolve parliament in order to force a new election as he had lost with a minority. Because King’s intentions were to regain a majority government, Byng refused out of distrust for King’s plans and King was replaced in power by the Conservatives. While William Lyon Mackenzie King’s actions were in accordance with all the laws regarding his power as Prime Minister, he acted for selfish reasons thus putting him in the wrong. Mackenzie King’s and Lord Byng’s histories will be quickly analyzed to understand their actions in the affair. Right after, King’s options and reasons for dissolving parliament will be analyzed. Thirdly, Byng’s options and reasons for refusing King’s request will be researched. Once enough evidence has been collected, the end results of this affair will be discussed and the conclusion as to whether or not King was right to go against responsible government will be made.
Prime Minister Stephen Harper is attempting to further decentralize Canadian government with, what he calls, open federalism. This essay will begin with a discourse on the evolution of Canadian federalism, then exclusively compare Harper’s approach to the proceeding Liberal governments approach, and ultimately explain why Stephen Harper’s “open federalism” methodology is the most controversial form of Canadian federalism yet.
Quebec has struggled with a need to be maitres chez nous “masters of their own house” (Young, 1998). Many attempts at resolving Quebec's issues has resulted in tensions from both sides. Because Quebec has a strong national identity, and do not define themselves as strictly Canadian, Quebec is seen as difficult, unyielding and discontented. Quebec's separation perhaps is inedible and the future of Canada questionable. Canada without Quebec will bring about many complications and whether there is a rest of Canada (ROC) after Quebec a major challenge. Western alienation and the lack of representation in federal affairs will be a factor; moreover, past actions and historical events may have turned Canada into a time bomb, and the deterioration of the provinces the only sulotion. How First Ministers react to Quebec's sovereignty regarding economic factors, political structure, and constitutional issues will be of great importance. Whether emotional issues will play a major role in decision making is subjective; however, it is fair to say that it will be an emotionally charged event and it could either tear apart the ROC or fuse it together. Placing emphasis on investigating what keeps Canada together is perhaps the key to Canada's future, and salvaging a relationship with Quebec.
Furthermore, the issues of representation in the House of Commons are even more evident in terms of the alienation of certain provinces. Western Canada has experienced political alienation due to the dominance and influence of Ontario and Quebec over policy-making as both provinces contain the founding Cultures of Canada (Miljan, 2012, p. 53) Also, the fact that Ontario and Quebec make up more than 60 percent of Canada’s population attracts policymakers to those provinces while marginalizing the interests of westerners (Miljan, 2012, p. 53). Thus, policymakers will favor Ontario and Quebec as these provinces harbor the most ridings as well as the bigger electors’ base. In fact, Western Canada is also underrepresented in both the House of Commons and the Senate when compared to the Maritime provinces as the Maritime provinces are overrepresented compared to their population. Also, many western Canadians are turned off by the federal government as they have been alienated from major political action and discussion due to low representation (Canada and the World Backgrounder, 2002). In other words, Ottawa does not address the needs and hopes of Western Canada
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...
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.
Canada is known by outsiders to be a very peaceful country. But if you ask any Canadian they well tell you that is unfortunately not the case. For there is a large ongoing conflict between Canadians. The conflict is between the French and the English, or more specifically between Quebec and the rest of Canada. As a result of this conflict, along with some wrongdoing and propaganda. Quebec has considered and has gone as far to hold referendums over Separatism (Surette,2014). Separatism is that the province of Quebec separates from the rest of Canada to form its own country. Which would have immense effects on indubitably Quebec but also the rest of Canada (Martin, 2014). This report will focus on the root causes and origin of Quebec Separatism, the current state of Quebec Separatism and finally how we as a society can act towards Quebec Separatism.
This essay has argued that there are many limitations that the Prime Minister is subjected too. The three most important are federalism in Canadian society, the role of the Governor General, and the charter of rights and freedoms. I used two different views of federalism and illustrated how both of them put boundaries on the Prime Minister’s power. Next I explain the powers of the governor general, and explained the ability to dissolve parliament in greater detail. Last I analyzed how the charter of rights of freedoms has limited the Prime Minister’s power with respect to policy-making, interests groups and the courts. The Prime Minister does not have absolute power in Canadian society, there are many infringements on the power that they have to respect.
Canada is a society built on the promise of democracy; democracy being defined as “government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system.” In order to operate at full potential, the people of Canada must voice their opinions and participate fully in the political system. This is why it’s shocking to see that people are becoming less engaged in politics and the voter turnout has steadily been declining over the last 20 years. This lack of participation by Canadians is creating a government that is influenced by fewer people, which is detrimental to the democratic system Canada is built on.
With the opposing sides at almost equal size, it is important to come to a final decision. Before possible violence breaks out within the province. Bibliography Doran, Charles F. “Will Canada Unravel?” in Foreign Affairs. Sept-Oct 1996 v75 n5 pg97.
...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 the judiciary.
Leeson, H. A., & University of Regina (2009). Saskatchewan politics: Crowding the centre. Regina: Canadian Plains Research Center, University of Regina.
In Mellon’s article, several aspects are mentioned supporting the belief that the prime minister is too powerful. One significant tool the prime minister possesses is “… the power to make a multitude of senior governmental and public service appointments both at home and abroad,” (Mellon 164). Mellon goes on to state the significance the prime minister has when allowed to appoint the government’s key member...
Canada and Quebec have always been in conflict from the confederation of 1867 to the Supreme court judgement on the secession of Quebec in 1998. Quebec faces several challenges in terms of constitutional relations with the rest of Canada. Quebec is seeking a special status to preserve and protect its culture and language, while the rest of English-speaking Canada accepts the view of provincial equality. There have been attempts to recognize Quebec's concerns through constitutional amendments, but these attempts have not lived up to Quebec's expectations and for the most parts have failed. Quebec has threatened Canada throughout history with separation from Canada. These threats have not been ignored, the rest of Canada realizes the devastating impact economically and politically if Quebec did separate but they cannot reach a compromise. Canada has as tried to encourage Quebec not to separate from Canada. In 1995 Quebec held its second referendum on sovereignly and the separatists narrowly lost the province wide. The province brought the case to the Supreme court of Canada to rule on the legal guidelines of unilateral secession under Canadian and international law, in the end some say the federalists (those not wanting to separate) came out on top. In this essay I will discuss the various historical attempts made by government to keep Quebec a part of Canada. I will also attempt to explain the impact of the Supreme Court Ruling on the Quebec secession. Many argue that the federalist won in the decision but that statement is debatable. Both Quebec and the rest of Canada won in the ruling. I believe that English Canadians should spend some time getting to know their French neighbors and vice ...