Political Science 1G06 2016 II Lecture 2a: The Canadian Executive:
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Where does executive power lie in the Canadian political system?
Power on Paper
Canada is a constitutional monarchy
In a Constitutional sense, it is the Queen that is at the Apex of
Canadian power
The Governor General exercises Crown power within Canada in the
name of the Queen
The Governor General (at least on paper)
o Appoints Senators and Judges
o Gives royal assent to law
o Summons and dissolves Parliament
Power in Practice:
Crown power is exercised on the “advice” of the government of the
day
It is the Prime Minister and cabinet who provide that “advice”
The Governor General’s assent is usually a “rubber stamp”
The Crown has very little real power in practice
That said, in the past there have been rare cases where the
Governor General has had some discretion in the use of her power
and authority
Discretion in when to dissolve Parliament and call an election?
Usually the Governor General will dissolve Parliament on the basis
of a request from the Prime Minister
However, 1926 – King-Byng Affair
Should Canada eliminate its ties to the Monarchy?
Disadvantages:
- Is a hereditary monarchy compatible with a modern democratic
state?
- The monarchy symbolizes elitism and privilege
Advantages:
- According to supporters, the Crown has a role to play when
unexpected crises develop. It is a source of legitimate power that
can be used when the normal political process breaks down
- The Crown can thereby play a role in protecting Canadian
Democracy
So, if the Crown possesses no real power in most instances, where
does executive power lie in the Canadian political system?
Prime Minister and Cabinet: De facto power:
- In a de facto sense it is the Prime Minister and his or her Cabinet
that are the most powerful executive agents in the Canadian political
system
Cabinet:
- The Prime Minister alone decides the membership of the Cabinet
- However there are some constraints provided by convention
(long-standing practices rather than legal requirements):
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1. Membership in Parliament:
Cabinet members can either be elected members of the House of
Commons or appointed Senators
Those without a seat may be in Cabinet temporarily. However, by
convention they must gain a seat in Parliament expeditiously
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2. Provincial representation
The Prime Minister will attempt to ensure that there is at least one
member from every province
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3. Minority representation
Linguistic, ethnic, gender
Power of the Cabinet:
- 1. Powers of the Crown:
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It is the Prime Minister and Cabinet that actually exercise Crown
power in most circumstances
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2. Leadership:
Determine priorities and set the agenda
Prime Minister:
- In the modern era it is the Prime Minister rather than the Cabinet as
such that has dominated the actual direction of government policy
- In the words of Donald Savoie, the Prime Minister has gone from
“Primus Inter Pares” to “Primus”
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There are several sources of Prime Ministerial power:
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1. The Prime Minister selects Cabinet members
The Prime Minister can promote, demote, or force a Cabinet minister
to resign from Cabinet (although not from the House or Senate)
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2. The Prime Minister Chairs Cabinet meetings
A) The Prime Minister determines what Cabinet will discuss and
when
B) The Prime Minister determines what the consensus decision of
the Cabinet is on a given policy issue
This “consensus” will frequently not reflect the actual disposition of
the Cabinet
Nevertheless, each and every Minister must publicly defend those
decisions, resign, or be dismissed
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3. The Prime Minister is the leader of the Governing Party
She has been chosen by the Party as a whole
Once chosen by that Party, only the Party, and not the Cabinet or the
backbenchers, can remove her from leadership of the Party
(although the Reform Act of 2015 may alter this)
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4. The Prime Minister has the power of appointment for other
offices
Supreme Court Judges, Senators, Diplomats, government agencies
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5. The Prime Minister has a direct relationship with the
Governor General
It is the Prime Minister that advises the Governor General on when
to dissolve Parliament
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Given these powers – and several others relating to bureaucratic
control – some have suggested that the Prime Minister is more
powerful (institutionally speaking) than the US President
The US President must deal with the checks and balances imposed
by Congress
These checks between executive and legislature do not (arguably)
exist in the Parliamentary system
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That said, there are some checks on Prime Ministerial power
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1. The Prime Minister must maintain the confidence of the
House of Commons
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2. While the Prime Minister may appoint the Senate and
Judiciary, once they are appointed they have a measure of
independence
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So while the Prime Minister sets the direction for government policy,
that agenda still has to make its way through the House of
Commons, the Senate, and the Supreme Court