Government and Elections Flashcards

Which constitutional principle gives the federal government the authority to declare a work "for the general advantage of Canada" and thereby bring it under federal jurisdiction, even if it would otherwise fall under provincial control?

Answer: The declaratory power under section 92(10)(c) of the Constitution Act, 1867

Section 92(10)(c) of the Constitution Act, 1867 contains the declaratory power, which allows Parliament to declare a local work or undertaking to be "for the general advantage of Canada" or for the advantage of two or more provinces, thereby bringing it under federal legislative jurisdiction despite normally falling under provincial authority over local works.

In a federal election, if no party wins a majority of seats in the House of Commons, what is the constitutionally correct sequence of events?

Answer: The incumbent Prime Minister may first attempt to govern by seeking the confidence of the House before any other party leader is invited to do so

By constitutional convention, the incumbent Prime Minister has the first right to test whether they can maintain the confidence of the House of Commons, even if their party did not win the most seats. Only if they resign or lose a confidence vote does the Governor General invite another party leader — typically the one most likely to command confidence — to attempt to form government.

Under the Canada Elections Act, which of the following individuals is specifically PROHIBITED from voting in a federal election?

Answer: The Chief Electoral Officer of Canada

The Chief Electoral Officer is the only Canadian citizen explicitly prohibited from voting in a federal election under the Canada Elections Act, as a measure to preserve the impartiality of the office. Canadian citizens serving sentences under two years, those abroad, and returning citizens all retain voting rights under current law. Permanent residents, however, cannot vote — though that is because they are not citizens, not due to a specific prohibition.

The Notwithstanding Clause (section 33 of the Charter) allows a legislature to override certain Charter rights. Which of the following rights CANNOT be overridden using section 33?

Answer: The right to vote in elections (section 3)

Section 33 only allows override of rights under sections 2 and 7–15 of the Charter. Democratic rights — including the right to vote under section 3 and the requirement for elections at least every five years under section 4 — are explicitly excluded from the Notwithstanding Clause and cannot be suspended by any legislature. Freedom of expression (s.2(b)), presumption of innocence (s.11(d)), and freedom of religion (s.2(a)) are all overridable.

How are Senators in Canada's Parliament chosen, and what is the maximum age at which a Senator must retire?

Answer: Appointed by the Governor General on the advice of the Prime Minister; must retire at age 75

Senators are appointed by the Governor General acting on the advice of the Prime Minister (following a merit-based, independent advisory process introduced in 2016, though the PM's formal role remains). They must retire at age 75 per the Constitution Act, 1965, which amended the original Constitution Act, 1867. Provinces do not formally advise on Senate appointments, and senators are not elected.

In Canadian parliamentary procedure, what is a 'writ of election' and who has the authority to issue it for a federal general election?

Answer: A formal order directing a returning officer to conduct an election in a riding; issued by the Chief Electoral Officer on the Governor General's proclamation

A writ of election is the official document that initiates the electoral process in each electoral district (riding). After the Governor General dissolves Parliament and issues a proclamation for a general election, the Chief Electoral Officer issues the writs to returning officers across Canada, each of whom then administers the election in their riding. It is not signed by the Monarch, issued by opposition leaders, or ordered by courts.