Canadian Government and Democracy Flashcards

Under the Constitution Act, 1867, which level of government has exclusive jurisdiction over 'Indians, and Lands reserved for the Indians'?

Answer: Federal government

Section 91(24) of the Constitution Act, 1867 gives the federal Parliament exclusive legislative authority over 'Indians, and Lands reserved for the Indians.' This means provinces cannot pass laws that directly regulate First Nations people or their reserve lands, though court decisions have nuanced this over time.

A federal bill has passed both the House of Commons and the Senate. What must happen before it becomes law?

Answer: The Governor General must grant Royal Assent

After a bill passes both chambers, it requires Royal Assent from the Governor General (acting on behalf of the Crown) to become law. The Prime Minister does not sign legislation, Supreme Court review is not automatic, and referendums are not required for ordinary legislation.

Which constitutional principle requires that the Prime Minister and Cabinet maintain the confidence of the House of Commons to continue governing?

Answer: Responsible government

Responsible government is the principle that the executive branch (Cabinet and PM) must retain the confidence of the elected House of Commons. If the government loses a confidence vote, it must either resign or request the Governor General to dissolve Parliament for an election. This distinguishes Canada's Westminster system from a presidential system.

Canada's Senate is sometimes called an 'unelected chamber.' Under what extraordinary circumstance can a Prime Minister temporarily increase the Senate's size beyond its normal regional allocation?

Answer: By invoking Section 26 of the Constitution Act, 1867 to appoint up to eight additional senators with the Queen's (King's) approval

Section 26 of the Constitution Act, 1867 allows the Governor General, on the advice of the Prime Minister and with the approval of the monarch, to appoint four or eight extra senators (representing Canada's four divisions equally). This 'deadlock-breaking' provision has only been used once, by Prime Minister Brian Mulroney in 1990 to pass the GST legislation.

In Canadian constitutional law, what is the 'notwithstanding clause' and which rights can it NOT override?

Answer: Section 33, which allows legislatures to override certain Charter rights but cannot suspend democratic voting rights (sections 3–5) or mobility rights

Section 33 of the Canadian Charter of Rights and Freedoms — the 'notwithstanding clause' — lets Parliament or a provincial legislature pass a law that operates despite conflicting with sections 2 or 7–15 of the Charter. However, it cannot override democratic rights (sections 3–5, including the right to vote and regular elections) or mobility rights (section 6). It can be used by both federal and provincial governments.

When a federal election produces a minority government in Canada, what is the constitutional convention if that government loses a vote of non-confidence shortly after taking office?

Answer: The Governor General may invite the leader of the opposition to attempt to form a government before dissolving Parliament

The Governor General has discretion in a minority Parliament situation. If a newly elected minority government falls quickly, the GG may consider whether another party leader can command the confidence of the House — particularly if an election was just held — before granting dissolution. This 'reserve power' was famously at issue during the 2008 prorogation crisis when PM Harper prorogued Parliament to avoid a non-confidence vote from a proposed Liberal-NDP coalition backed by the Bloc.