Canadian Political System: Structure and Dynamics

Posted on Nov 24, 2024 in Social sciences

Chapter 14: The Canadian Political System

Scheme

1. Introduction

2. Historical-Political Analysis

  • The colonial empires of Britain and France in North America
    • The proximity of the United States as a key influence.
    • Cultural and political ties with Britain.

3. The Canadian Constitution

4. Political Institutions

  • The Monarchy and the Governor General
    • Parliament
    • The Government
    • The Judiciary

5. Territorial Organization

6. Political Actors

  • Political parties and the party system
    • Pressure groups

7. Elections and the Electoral System

  • Electoral system
    • Political participation

8. Political Culture

1. Introduction

Canada’s political system presents intriguing aspects for political science. Its evolution from a confederation to an independent state features federalism marked by regional and national divisions, even raising the possibility of secession. Its unique multiethnic and multicultural social and demographic composition stems from colonial origins and significant immigration waves, formalized through policies designed to maintain cultural diversity within a unified Canadian national identity.

2. Historical-Political Analysis

Canada’s political history is shaped by three key factors:

  • The competitive development of the French and British colonial empires, particularly in the 18th century.
  • The influence and perceived threat of the United States.
  • Canada’s enduring political and institutional links with Britain.

2.1. The Colonial Empires of Britain and France in North America

European colonization of North America began in the 16th century with British and French settlers. British expansion concentrated in New England, while French expansion focused on what is now Eastern Canada. Between 1605 and the mid-18th century, over 10,000 French colonists arrived, establishing “New France” across much of present-day Eastern Canada, except for Nova Scotia and New Brunswick, which remained under British control.

Through battles, treaties, and concessions, the British gradually gained control. The 1763 Treaty of Paris officially ceded the French empire in North America to Britain, creating the British Province of Quebec. This treaty laid the foundation for the political challenges faced by Francophones in Canada. Subsequent British policies vacillated between assimilation and tolerance of French language, culture, legal systems, and social structures.

2.2. The Proximity of the U.S. as a Key Influence

Following the American Revolutionary War, approximately 40,000 British loyalists migrated to Quebec, Nova Scotia, and New Brunswick. The expanding United States posed a perceived threat to these northern colonies, seen as extensions of British influence. These colonies sought to differentiate themselves from their southern neighbor, reinforcing their ties to British cultural traditions and political systems.

Ongoing tensions between the U.S. and the British colonies resulted in numerous border treaties throughout the 18th and 19th centuries. The U.S. Civil War (1861-1865) significantly accelerated the process of political separation from Britain, culminating in the 1867 Confederation following the “British North America Act”.

Britain’s neutrality during the Civil War and the perceived threat of U.S. expansion (following incursions into Canada in 1775 and 1812-1814) spurred a push for greater colonial autonomy, supported by London. The 72 Quebec Resolutions of 1864 laid the groundwork for Confederation, legally formalized in London in 1867 with Royal Assent to the “British North America Act (BNA)”, establishing the “Dominion of Canada”.

2.3. Cultural and Political Ties with Britain

The dual identity of many Anglophone Canadians (British-Canadian) has persisted, partly as a “negative” identity in contrast to the U.S. and other non-British groups, including Indigenous peoples and Francophones.

From 1763, British political presence and influence were significant. Initially, French institutions were replaced with British systems. However, the 1774 Quebec Act reversed this policy, restoring traditional French systems and recognizing French language and Catholicism. The arrival of loyalists from 1776, eager to distance themselves from the U.S. and emphasize loyalty to the British Crown, reintroduced the question of assimilation. Subsequent policies alternated between separating the two populations (the 1791 Constitutional Act created Upper Canada (Anglo-Saxon) and Lower Canada (French)) and imposing assimilation (the 1840 Union Act merged Upper and Lower Canada under British rule).

The 1867 Confederation did not mark the end of British influence. The 1931 Statute of Westminster formally ended British parliamentary authority over Canada. However, it was not until 1982 that the Constitution (BNA) was fully “repatriated”, catalyzed by the 1980 Quebec referendum.

3. The Canadian Constitution

Canada’s Constitution is a hybrid, combining written elements with established conventions. The British North America Act (BNA) of 1867 is central, establishing the framework for government organization based on the British model and outlining the federal structure. It was the result of complex negotiations, particularly with French Canadians seeking protection for their language and culture.

Until 1931, the BNA could only be amended by the British Parliament. The 1931 Statute of Westminster granted Canada legislative autonomy. In 1949, the Canadian Parliament gained greater authority over socio-political matters. Full independence came in 1982 with the repatriation of the BNA, incorporating the Charter of Rights and Freedoms, prompted by the 1980 Quebec referendum.

Beyond the BNA, the Constitution includes conventions, practices, judicial interpretations, and rulings, reflecting British constitutional tradition. Disagreements over federalism have shaped constitutional evolution. The 1987 Meech Lake Accord addressed Quebec’s self-government demands but failed ratification. The 1992 Charlottetown Accord, another attempt to integrate Quebec’s demands, was rejected in a referendum due to perceived preferential treatment for Quebec.

4. Political Institutions

4.1. The Monarchy and the Governor General

Formally, Canada’s supreme authority resides with the Crown, currently King Charles III. The Governor General, appointed by the monarch on the Prime Minister’s recommendation, serves as the sovereign’s representative. Since 1952, the position has alternated between Anglophone and Francophone individuals, with a six-year term (typically five in practice).

The Governor General’s functions resemble those of a head of state in a parliamentary system: symbolizing national unity, dissolving Parliament on the Prime Minister’s advice, appointing the Prime Minister following elections, etc. Each province has a Lieutenant Governor representing the monarch.

4.2. Parliament

Parliament comprises the House of Commons and the Senate. The elected House of Commons holds greater authority than the appointed Senate, which rarely exercises its powers to amend or veto legislation. This model follows British parliamentary tradition, with the Senate’s role primarily symbolic and territorial.

  • The House of Commons

Composed of 301 members elected in single-member constituencies, the House of Commons reflects British parliamentary structure, with a clear government-opposition dynamic. The impartial Speaker presides over sessions, decides procedural matters, and votes only to break ties. Since 1986, the Speaker has been elected by secret ballot.

Members are organized into political parties, each electing a leader and a chief whip to maintain voting discipline and coordinate parliamentary activities. Whips ensure quorum, party support on votes, and member participation in committees. Weekly party meetings, led by party leaders, establish common positions, facilitating voting discipline.

Standing Committees (7-15 members reflecting House composition) monitor specific policy areas. Joint committees include Senators. Temporary legislative committees review legislation after second reading, primarily focusing on technical aspects.

The House of Commons develops legislation and scrutinizes the government. Both the government and individual members can initiate legislation. Most initiatives originate from the government, categorized as financial or non-financial, and can be introduced in either House. Parliamentarians primarily focus on government bills.

The House of Commons controls the government through individual ministerial responsibility and the principle of collective Cabinet responsibility. Budget approval provides economic control. The Prime Minister’s power to dissolve Parliament and call elections balances Cabinet responsibility, strengthening the executive branch. Early dissolutions often stem from internal Cabinet disagreements or strategic electoral considerations.

Other control mechanisms include government appearances and Question Time.

  • The Senate

The Canadian Senate differs from both federal system models and chambers representing specific societal strata. Its 104 members are appointed by the Governor General on the government’s recommendation, with 24 representing major regions. The Constitution allows for additional appointments (4-8, equally distributed among four regions) to prevent gridlock with the House of Commons.

Senators nominally represent their appointed province, where they reside and own property, introducing a blurred territorial element. Mandatory retirement at age 75 replaced lifetime appointments in 1965. Appointments often recognize political or professional achievements and minority representation.

The Senate acts as a chamber of second reading, formally holding equal powers to the House of Commons, with three exceptions: financial bills must originate in the House of Commons; the Senate has no power over government appointment or control (responsibility lies solely with the House of Commons); and the Senate’s veto power is limited to constitutional amendments, with a temporary veto on other legislation.

While formally powerful, the Senate’s appointed nature and unequal provincial representation limit its practical authority. It rarely vetoes legislation, primarily focusing on technical clarifications, cooperating with the House of Commons. Reform proposals address senatorial elections, provincial distribution, and Senate functions, advocating direct elections, population-based representation, and provincial expertise.

4.3. The Government

While the Constitution vests executive power in the Governor General, the federal government makes key policy decisions. The Queen’s Privy Council, constitutionally mandated to advise the Governor General, now holds symbolic functions. The Cabinet, a Privy Council committee headed by the Prime Minister, exercises real executive power.

Convention requires the Governor General’s formal approval of Cabinet decisions and Acts of Parliament. Thus, despite the monarchical form of government embodied by the Governor General, executive power resides with the Cabinet.

The Prime Minister and Ministers’ authority derives from convention and tradition, not explicit constitutional provisions. The Prime Minister must maintain the confidence of the House of Commons. The Prime Minister chooses the Cabinet’s structure, typically 25-30 ministers, seeking regional balance, and appoints other positions, including Parliamentary Secretaries (equal in number to ministers), senators, judges, and senior civil servants (approximately 2,000 appointments). Most appointments require formal Governor General approval, but are effectively determined by the Prime Minister.

The Prime Ministership has traditionally alternated between the Liberal and Conservative (formerly Progressive Conservative) parties, with single-party governments. Prime Ministerial tenures vary, sometimes extending to 11 or 13 years. Prime Ministers predominantly originate from Ontario and Quebec.

4.4. The Judiciary

Canadian judicial independence rests on meritocratic and professional foundations. Following the British system, judges, prosecutors, and lawyers progress through a career ladder, with advancement based on experience and prestige. While the judiciary is independent, judges are appointed by the executive branch.

The judicial system is pyramidal, culminating in the Supreme Court of Canada, the final appellate court for resolving jurisdictional disputes, interpreting the Constitution, and settling legal questions. Below are provincial judicial systems and two federal levels: the Federal Court (Court of Appeal and Trial Division) and the Tax Court.

Provinces and territories have two court levels: provincial (handling criminal offenses, sometimes civil matters) and superior courts. Provincial court judges are appointed by provincial governments. Superior courts, the highest provincial level, review lower court decisions. Superior court judges are federally appointed, with trial and appellate functions. Some provinces (Ontario and Quebec) have a single Supreme Court handling both functions. Others divide responsibilities between a Supreme Court (trial division) and a Court of Appeal.

The 1867 Constitution Act authorized Parliament to establish a general court of appeal. The 1875 Dominion Act created the Supreme Court of Canada, initially as an intermediate appellate court, with final appeals handled by a British court. The Supreme Court now comprises nine judges representing five regions, with three from Quebec, reflecting its civil law tradition (based on the Civil Code) compared to the common law system in the rest of Canada.

The highly selective Supreme Court focuses on appeals with significant societal implications, its decisions shaping legal interpretation. As the final appellate body, it holds ultimate authority in all legal areas nationwide, making it a powerful institution.

The Federal Court has specialized jurisdiction, reviewing decisions of federally appointed administrative tribunals.

5. Territorial Organization

Canada has been a federal system since its 1867 inception as a dominion. The intention was federal dominance over provinces, and despite the term “confederation”, the system resembled centralized federalism. The 1867 Constitution lists federal powers, with residual powers belonging to the provinces.

Canadian federalism is “asymmetric”, with provinces holding varying powers. The BNA granted Quebec special status (French-language religious schools, Civil Code, etc.). Tension arises from conflicting visions of federalism: equal powers for all regions versus differentiated provincial powers.

The federal-provincial power balance has shifted over time:

  • Initial federal dominance, with a centralized fiscal system, led to provincial funding conflicts.
  • Increased provincial power in the 1920s was reversed during the Great Depression, with the federal government using “conditional grants” to finance specific programs under federal guidelines, generating resentment.
  • The 1950s saw renewed provincial power, with shared-cost programs replacing conditional grants. This era of cooperative federalism, while still federally dominated, witnessed growing provincial influence and Quebec’s self-government demands.
  • The 1960s and 1970s saw increased federal-provincial conflict, ushering in executive federalism, marked by the annual Premiers’ Conference. Cooperative federalism evolved into competitive federalism, with frequent disagreements over federalism’s definition and operation, leading to the ongoing “federalism question” and two Quebec secession referendums.

The 1990s saw resistance from English-speaking provinces to Quebec’s special status, compounded by Western provinces’ feelings of federal marginalization in favor of Ontario and Quebec. The struggle continues between symmetrical federalism (supported by Anglophone provinces, especially in the West) and asymmetrical federalism (recognizing Quebec’s distinct character).

6. Political Actors

6.1. Political Parties and the Party System

The party system has evolved through several phases:

  • From Confederation in 1867 to World War I, a bipartisan system dominated by the Liberal Party and the Conservative Party prevailed. These parties were characterized by weak extra-parliamentary organization and reliance on patronage. Local notables hindered national coherence, coordination, and discipline. The two parties captured nearly 90% of the vote, with overlapping federal and provincial organizations and consistent voter behavior across elections.
  • Industrialization and urbanization in the early 20th century led to changes after World War I, lasting until the 1960s. New parties emerged, including the Progressive Party, representing Western provinces, rural Ontario, and Atlantic provinces. Universal suffrage and civil service reform reduced patronage. The Liberal Party became dominant, accommodating diverse regional interests. New parties included the Progressive Party (representing rural interests, primarily in the West), the Social Credit party (concentrated in Alberta), and the Co-operative Commonwealth Federation (CCF) (a socialist, farmer, and labor alliance), which evolved into the social democratic New Democratic Party in 1961.
  • From the 1960s to the 1990s, coinciding with executive federalism, regional interests were institutionalized through the annual Premiers’ summit. Federal parties shed their role as regional representatives, competing nationally aided by mass media. Two distinct party systems emerged: federal and provincial. Quebec’s Liberal Party in the 1950s pioneered this separation, creating a distinct provincial organization to address Quebec nationalism. Other parties and provinces followed suit, with varying degrees of separation.
  • The 1993 election brought an “electoral earthquake”, decimating the governing Progressive Conservatives (from 169 seats in 1988 to 2 in 1993). The Liberals won with 177 seats. The New Democrats also suffered losses. The Bloc Québécois (founded in 1991 following the failed Meech Lake Accord, advocating Quebec secession) became the official opposition with 54 seats, slightly ahead of the new Reform Party (founded in 1987, representing Western alienation, opposing traditional parties, excessive government intervention, and Quebec’s special status). The Reform Party moderated its stance after 1993, seeking support in Ontario and the East, but its expansion faltered in the 1997 election.

The 1997 and 2000 elections confirmed the multi-party system and the presence of ‘regional’ parties at the federal level (Reform Party in the West, Bloc Québécois in Quebec). This leaves the Liberal Party as the only truly national party, while reviving the debate on parties and regional conflict.

6.2. Lobbies

Canadian pressure groups and unions exhibit distinct organizational strategies and diverse types. The need to influence both federal and provincial levels has led to multi-level organizations. Lobbying is central, prompting discussions about regulation for transparency and equality, though lobbyists strongly resist such efforts.

Thousands of associations are registered, categorized as “economic and productive activity groups” (businesses, unions) and “non-productive activity groups” (religious, environmental). Most lobbyists rely on government subsidies. Productive activity groups include:

  • Business and trade organizations, coordinated through the Canadian Chamber of Commerce (Ottawa). Other key organizations include the Canadian Manufacturers & Exporters, the Business Council of Canada (representing large companies), the Canadian Federation of Independent Business, and industry-specific associations (automotive, paper, petroleum).
  • Trade unions, primarily the Canadian Labour Congress (CLC) (a federation of unions with regional and local offices, supporting the New Democratic Party) and the Canadian Federation of Labour (favoring cooperative lobbying).
  • Agricultural, fisheries, and livestock associations, important due to the weight of primary industries. The Fisheries Council of Canada represents the fishing industry, while agricultural interests are represented by the Canadian Federation of Agriculture and the National Farmers Union.

Non-productive activity groups represent diverse interests, including ethnic and religious groups, environmentalists, gender equality advocates, and single-issue groups.

7. Elections and the Electoral System

7.1. Electoral System

The House of Commons is elected using a “first-past-the-post” system in single-member districts, a British legacy. In each election, the country is divided into 301 constituencies, with the candidate receiving the most votes winning. By-elections are held for vacancies.

This system creates disproportionality between votes and seats, disadvantaging smaller, geographically dispersed parties. While offering limited proportionality, it promotes stable governing majorities, usually absolute, in the House of Commons. The debate over disproportionality and minority representation persists, but electoral reform remains elusive.

District design is crucial. Since 1964, measures have aimed to prevent “gerrymandering”, basing districts on population rather than geography.

Key voting factors include social class, urban/rural divide, religion, and increasingly, regionalism. Regional differences extend beyond Quebec to include ideological divisions between Ontario and Western Canada, reflecting perceptions of federal treatment.

7.2. Political Participation

Voter turnout, historically high (70-80% since 1945), has declined since 1993, reaching 63% in 2000. Younger generations participate less.

Referendums are rare at the federal level, with only three consultative referendums held. The 1992 referendum rejected the Charlottetown Accord (54.4% against), leading to Prime Minister Brian Mulroney’s resignation and impacting constitutional reform. Provincial and municipal referendums are more common, notably Quebec’s sovereignty referendums (1980: 60% against independence; 1995: 50.6% against). The narrow margin in 1995 keeps independence on the political agenda, though support has declined.

Beyond voting, political participation is low, with approximately 5% of the electorate actively involved in party politics and other political activities.

8. Political Culture

Canada’s political culture is multicultural, encompassing ideological, linguistic (Francophone/Anglophone), and regional fractures.

Multiculturalism, a foundational principle, aims to conserve, preserve, and promote the diverse cultures of Canada’s population, including Indigenous peoples and immigrant groups from Asia and Central Europe. This policy framework shapes social and political relations.

Canada’s demographic evolution reflects its multiculturalism: in 1867, the population was predominantly British (60%) and French (30%). By 1991, 28% were of British origin, 23% French, 4% both, 14% multiple origins, and 31% single non-British/French origins (6% Indigenous, 94% immigrants, primarily European until the 1960s, then East Asian).

Multiculturalism faces the challenge of balancing a unified national identity with diverse identities, values, cultures, and languages, while addressing the status of the Francophone minority.

The 1960s marked a shift in Francophone strategy from resistance to political engagement, initiating the “Quiet Revolution”, which politicized French Canadian identity, leading to official bilingualism. This evolved into Quebec nationalism, seeking separation. Support for this movement surged in the 1980s and 1990s, narrowly failing to achieve majority support in the 1980 and 1995 referendums.

Regionalism stems from the federal structure, fostering provincial loyalties, reinforced by economic disparities and perceptions of unequal federal treatment. This manifests in intergovernmental relations (tense federal-provincial dynamics) and electoral politics (regionalist parties). Regionalism also reflects diverse political cultures shaped by varying economic models, demographics, and ethnic compositions.