Government and Elections 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 government exclusive legislative authority over 'Indians, and Lands reserved for the Indians.' This is why treaties, reserve land, and Indigenous affairs are governed at the federal level, not provincial.

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

Answer: It must receive Royal Assent from the Governor General

After a bill passes both the House of Commons and the Senate, it requires Royal Assent — formally granted by the Governor General on behalf of the Crown — before it becomes law. The Prime Minister does not sign bills into law, and provincial ratification applies only to constitutional amendments, not ordinary legislation.

Which of the following correctly describes the 'notwithstanding clause' (Section 33) of the Canadian Charter of Rights and Freedoms?

Answer: It allows Parliament or a provincial legislature to override certain Charter rights for a renewable five-year term

Section 33 of the Charter — the 'notwithstanding clause' — allows Parliament or a provincial legislature to declare that a law operates 'notwithstanding' Sections 2 or 7–15 of the Charter. Any such declaration expires after five years but can be re-enacted. It cannot be used by the Governor General, and it does not apply to all Charter rights (democratic and mobility rights, for example, cannot be overridden).

In a federal election, what is the role of the Chief Electoral Officer of Canada?

Answer: To administer the Canada Elections Act and report to Parliament independently of the government

The Chief Electoral Officer heads Elections Canada, an independent agency. Their role is to administer and enforce the Canada Elections Act, ensure the integrity of the electoral process, and report directly to Parliament — not to the government of the day. Returning Officers are appointed by the Governor in Council (Cabinet), not by the Chief Electoral Officer. The Prime Minister, not the CEO, decides election timing (within fixed-date rules).

Canada's Senate is sometimes called the 'chamber of sober second thought.' Which of the following scenarios would require the Senate's consent before becoming law?

Answer: Passing a government bill that originated in the House of Commons

All government bills — whether they originate in the House of Commons or the Senate — must pass both chambers before receiving Royal Assent. The Senate must therefore pass House bills for them to become law. The federal budget is tabled and voted on in the House and does not require Senate passage as a money bill to be implemented in the same way. Supreme Court appointments are made by the Governor in Council. Constitutional amendments under the 7/50 formula require provincial legislative assemblies and the federal Parliament, but the Senate's role there is limited (it can be bypassed after 180 days).

Under Canada's fixed-date election law, a federal general election is ordinarily scheduled for the third Monday in October every four years. However, an election can still be triggered earlier. Which of the following would validly trigger an early election outside the fixed date?

Answer: The government losing a confidence vote in the House of Commons

Canada's fixed-date election law (Canada Elections Act, Section 56.1) sets elections for the third Monday in October in the fourth calendar year after the previous election, but it explicitly preserves the constitutional convention: if the government loses the confidence of the House of Commons (e.g., on a budget vote, a motion of non-confidence, or a key government bill), the Governor General may dissolve Parliament and call an early election. The Senate cannot defeat the government; provincial premiers have no such mechanism; and the Governor General refusing Royal Assent is an extreme, nearly unprecedented scenario unrelated to triggering an election.