Responsible Government Malcolmson

1
Responsible Government Malcolmson Myers, Ch. 3

• Central principle of Canadian government
• Where does responsible government come from?
• Historically
• Constitutionally
• What does responsible government mean?
• What are implications of responsible government?

2
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• British dilemma How to organize the colonies?
• Quebec Act 1774 accepts French reality
• Freedom to practice Catholicism
• Catholics may hold office
• ... but also direct rule by London via local
  governor
• Constitutional Act 1791 is British response to
  American Revolution
• Extends British institutions constitution to
  British North America
• Self-government ... in theory

3
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• British dilemma How to organize the colonies?
• Quebec Act 1774 accepts French reality
• Freedom to practice Catholicism
• Catholics may hold office
• ... but also direct rule by London via local
  governor
• Constitutional Act 1791 is British response to
  American Revolution
• Extends British institutions constitution to
  British North America
• Self-government ... in theory

4
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• In reality, Constitutional Act 1791 creates
  system of Irresponsible government
• Governor appoints Executive Council (i.e.,
  Cabinet)
• Executive Council supported by appointed
  Legislative Council
• Legislative Council dominated by Family Compact
  (Upper Canada) Chateau Clique (Lower Canada)
• Elected Legislative Assembly by-passed despite
  its constitutional power to levy taxes and grant
  supply

5
Responsible Government Malcolmson Myers, Ch. 3

• Irresponsible Government in The Canadas
  1791-1841

Governor General
Governor General Appoints
Executive Council carries out Governors
instructions advises Governor (who may ignore
their advice)
Legislative Council (Appointed)
Executive Council (Advisory)
Legislative Assembly (Elected)
6
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Irresponsible Governments generates gridlock
• Louis-Joseph Papineaus 92 Resolutions (1834)
• 9. Resolved that the most serious defect in the
  Constitutional Act, its radical fault, the most
  active principle of evil and discontent in the
  province... is the practice of selecting and
  composing without any rule or limitation, or any
  predetermined qualification, an entire branch of
  the legislature, supposed from the nature of its
  attributions to be independent but inevitably the
  servile tool of the authority which creates,
  composes, and decomposes it, and can any day
  modify it to suit the interests or the passions
  of the moment.
• Statutes, treaties and documents of the Canadian
  Constitution, 1713- 1929

7
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Papineaus Resolutions list further abuses and
  demands
• The Governor uses the Legislative Council to
  block the proposals of the Assembly
• The men appointed are corrupt, ill-qualified,
  sycophantic
• The Governor and British Government use the
  French nationality and customs of the inhabitants
  as an excuse to deprive them of their rights.
• The Legislative Council should be popularly
  elected

8
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Papineau goes beyond complaining
• 40 Resolved that ...the Imperial Legislature
  will comply with the wishes of the people and of
  this House, and will provide the most effectual
  remedy for all evils present and future, either
  by rendering the Legislative Council elective...
  or by enabling the people to express even more
  directly their opinion as to the measures to be
  adopted in that behalf...

9
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Papineau goes beyond complaining
• 41 ... the neighbouring States have a form of
  government very fit to preventing abuses of
  power, and very effective in repressing them...

10
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Papineau goes beyond complaining
• 42 ... would it be wise that every change in
  the institutions of the province should be to
  comply more and more with the wishes of the
  people, and to render the said institutions
  extremely popular to which question this House
  for and in the name of the people whom it
  represents, answers, solemnly and deliberately,
  Yes, it would be wise it would be excellent.

11
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• British Government rejects Reformers demands
• Lord John Russells 10 Resolutions (6 March
  1837)
• 5. That while it is expedient to improve the
  composition of the Executive Council in Lower
  Canada, it is unadvisable to subject it to the
  responsibility demanded by the House of Assembly
  of that province.
• Hansard (3rd Series) Vol. xxxvi, p1303

12
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• British intransigence sparks Rebellions of 1837
  1838
• Government Ineffectiveness (Corruption?)
• Dominance of Family Compact Chateau Clique
• French-English tension in Lower Canada
• No effective representative institutions

13
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• British Reaction to Rebellions
• Force not feasible
• Lesson of U.S. Revolution bend, dont break
• Policy of harmony
• Durham Report
• Responsible Government
• Assimilation Act of Union 1840

14
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• The Durham Report
• The quarrel, which I was sent for the purpose
  of healing, had been a quarrel between the
  executive government and the popular branch of
  the legislature. The latter body had,
  apparently, been contending for popular rights
  and free government. The executive had been
  defending the prerogative of the Crown, and the
  institutions which, in accordance with the
  principles of the British Constitution, had been
  established as checks on the unbridled exercise
  of popular power.

15
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• The Durham Report
• ... there existed a far deeper and more
  efficient cause, -- a cause which penetrated
  beneath its political institutions and into its
  social state... I expected to find a contest
  between a government and a people I found two
  nations warring in the bosom of a single state
  I found a struggle, not of principles, but of
  race...
• Lord Durhams Report II, p 14-16.

16
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• The Durham Report
• ...I perceive that it would be idle to attempt
  any amelioration of laws or institutions until we
  could first succeed in terminating the deadly
  animosity that now separates the inhabitants of
  Lower Canada into hostile divisions of English
  and French.
• Lord Durhams Report II, p 14-16.

17
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• British Reaction to Rebellions
• Force not feasible (not enough men or money)
• Lesson of U.S. Revolution bend, dont break
• Policy of harmony
• Durham Report
• Responsible Government
• Assimilation Act of Union 1841

18
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Act of Union 1840
• Fuses Upper Lower Canada into single colony
• Each section given equal number of seats in the
  Legislative Assembly despite unequal populations
• No Responsible Government! Governor still
• Appointed Executive Council distributed
  patronage
• Exec Council not dependent on confidence of
  Assembly
• Disallowed laws

19
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• although you consult with them the Exec
  Council, and are willing to pay due deference to
  their advice, you are yourself the head of your
  administration not even bound to adopt their
  advice, although always bound to receive it.
• Lord Stanley to Metcalfe (Quoted in Careless
  1967, 79)

20
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• the mass of the people are sound, moderate in
  their demands and attached to British
  institutions, but they have been oppressed by a
  miserable little oligarchy on one hand, and
  excited by a few factious demagogues on the
  other. I can make a middle reforming party, I
  feel sure, which will put down both.
• Lord Sydenham (Careless 1967, 39)

21
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Systematic Problems with Institutions
• Legislative Assembly gridlocked
• 42 Members per Canada West East
• Fragile coalitions due to sectionalism and
  sectarianism
• Created
• Reliance on patronage
• Need for party organization

22
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Systematic Problems with Institutions
• Reformers sought party discipline to reverse
  lines of control Baldwin-Lafontaine alliance
• BUT Lords Sydenham Metcalfe also organized
• Gerrymandered
• Refused troops
• Made alliances with Tories Ultramontane French

23
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Systematic Problems with Institutions
• Governor drawn into party politics
• Governor reliance on French support undercuts
  assimilation (e.g. separate schools)
• Patronage conflict 1843
• Can the Governor unilaterally make appointments,
  or only on advice of Executive Council?
• Harrison-Baldwin Resolutions The Governor must
  / ought to listen to the Executive Councils
  advice

24
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Deadlock between Reformers and Metcalfe lasts to
  1844 elections
• Irish Potato Famine
• British Liberals take power Free Trade
  self-sufficient colonies
• Acceptance of responsible government

25
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Earl Grey
• ... supposing that the Legislative Council is
  not in harmony with public opinion, ..., what is
  then the proper course to be adopted?
• First, that it is impossible to allow the
  Legislative Council to obstruct permanently the
  measures called for by public opinion, and sent
  up by the popular branch of the Legislature.

26
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Earl Grey
• Second... make apparent that any transfer
  which may take place of political power from the
  hands of one political party in the province to
  those of another is not the result of an act of
  yours but of the wishes of the people
  themselves.

27
Responsible Government Malcolmson Myers, Ch. 3

• Historical Origins of Responsible Government
• Earl Grey
• I therefore instruct you to abstain from
  changing your Executive Council until it shall
  become perfectly clear that they are unable... to
  carry on the government of the province
  satisfactorily, and command the confidence of the
  Legislature.
• Earl Grey, Colonial Secretary, to Lt-Gov John
  Harvey, 3 November 1846. Statutes, treaties and
  documents of the Canadian Constitution, 1713-
  1929

28
Responsible Government Malcolmson Myers, Ch. 3

• For the Reformers responsible government meant
  that
• Elected politicians, not an appointed governor,
  should control policy
• Governor must defer to advice from his cabinet
  of advisors
• The cabinet should be elected from answerable
  to a duly popularly elected legislature.

29
Responsible Government Malcolmson Myers, Ch. 3

• Responsible government was NEVER about democracy
• The blood of the yeomanry of Canada which may
  be spilled in defence of their homes will attest
  to their abhorrence of the tyranny of Democracy.
• Kingston Argus, 1845

30
Constitutional Origins of Responsible Government

• Constitution (BNA) Act 1867
• Whereas the Provinces of Canada, Nova Scotia
  and New Brunswick have expressed their Desire to
  be federally united into One Dominion under the
  Crown of the United Kingdom of Great Britain and
  Ireland, with a constitution similar in principle
  to that of the United Kingdom

31
What is Responsible Government?

• Establishes parliamentary government
• Fusion of power
• Executive (cabinet) is part of legislature
• Cabinet sets policy
• Crown acts on advice of Cabinet
• Cabinet answers to legislature for its actions
• Theme Power married to responsibility

32
Contrast with Presidential Government

• Theme separation of power
• Branches check balance one another
• Set ambition against ambition
• Executive (president) not answerable /
  responsible to Congress

33
Conventions of Parliamentary Government

• Constitution Act 1867 has no specific
  instructions / rules.
• No written rules!
• Conventions (common practice, precedent) evolved
  over time.

34
Conventions of Parliamentary Government

• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

35
Conventions of Parliamentary Government

• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

36
The Confidence Convention

• Cabinet (government) must have confidence of
  the House
• Must be able to pass major policies
• Cabinet has majority support
• Cabinet resigns if it loses confidence

37
Conventions of Parliamentary Government

• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

38
Collective (Cabinet) Responsibility

• Cabinet collectively answerable to House for its
  policies
• Cabinet operate as a single unit
• Ministers speak vote as one
• Power cannot be divided

39
Conventions of Parliamentary Government

• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

40
Ministerial Responsibility

• Cabinet ministers head governments departments
  (portfolios)
• Accountable to Parliament for departments
  policies and actions
• Explain
• Rectify
• Accept blame

41
Conventions of Parliamentary Government

• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

42
Parliamentary Supremacy

• Crown in Parliament is sovereign
• recognizes no higher power
• Can pass laws it sees fit
• Not bound by courts or past parliamentary
  decisions

43
Responsible Government The Charter

• Constitution Act (1982)
• Charter of Rights (1982) Supreme Court
• Notwithstanding clause (Section 33)
• Parliament or the legislature of a province may
  expressly declare in an Act of Parliament or
  legislature, as the case may be, that the Act or
  provision operate notwithstanding a provision
  included in section 2 or section 7 to 15 of this
  Charter.

44
Responsible Government The Charter

• Martin promised to renounce unilateral use of
  section 33
• Constitutional?
• Constitution Act 1867 parliamentary democracy
• Charter of Rights constitutional democracy
• Politically possible?
• Majority vote of House

45
Responsible Government Electoral Outcomes

• Crown must have a government
• Incumbent cabinet in power until PM resigns
• Cabinet must have confidence of House
• What happens after an election?

46
Responsible Government Electoral Outcomes

• Single-party Majority
• Single-party Minority
• ? issue-by-issue
• (Martin 2004-2005)
• ? formal agreement (cabinet posts not shared)
• (Ontario 1985-90 Liberal NDP Accord)
• ? Coalition (cabinet posts shared)
• (Saskatchewan 1999-2003 Liberal NDP
  Coalition)

47
Responsible Government Electoral Outcomes

• Single-party Majority
• Single-party Minority
• ? issue-by-issue
• (Martin 2004-2005)
• ? formal agreement (cabinet posts not shared)
• (Ontario 1985-90 Liberal NDP Accord)
• ? Coalition (cabinet posts shared)
• (Saskatchewan 1999-2003 Liberal NDP
  Coalition)

48
Responsible Government Electoral Outcomes

• Single-party Majority
• Single-party Minority
• ? issue-by-issue
• (Martin 2004-2005)
• ? formal agreement (cabinet posts not shared)
• (Ontario 1985-90 Liberal NDP Accord)
• ? Coalition (cabinet posts shared)
• (Saskatchewan 1999-2003 Liberal NDP
  Coalition)

49
Responsible Government Electoral Outcomes

• Single-party Majority
• Single-party Minority
• ? issue-by-issue
• (Martin 2004-2005)
• ? formal agreement (cabinet posts not shared)
• (Ontario 1985-90 Liberal NDP Accord)
• ? Coalition (cabinet posts shared)
• (Saskatchewan 1999-2003 Liberal NDP
  Coalition)

50
(No Transcript)
51
Type Duration of Federal Governments, 1867-2005
52
Important Notes on Essay

• Due date changed to Friday, 26 September
• Sources
• Text
• Lectures
• Eugene Forseys How Canadians Govern
  Themselves http//dsp-psd.pwgsc.gc.ca/Collection
  /X9-11-2002E.pdf
• Citations
• In text (author, year, page)
• In bibliography
• Malcolsom, Patrick and Richard Meyerson. 2005.
  The Canadian Regime An Introduction to
  Parliamentary Government in Canada Fifth
  Edition. Peterborough, ON Broadview Press.

53
Institutional Implications

• Cannot just alter, import institutions
• Party discipline
• Representation
• Accountability stability
• Fixed election dates
• Impartiality
• Responsiveness

54
Institutional Implications

• Cannot just alter, import institutions
• Party discipline
• Representation
• Accountability stability
• Fixed election dates
• Impartiality
• Responsiveness

55
Institutional Implications

• Cannot just alter, import institutions
• Party discipline
• Representation
• Accountability stability
• Fixed election dates
• Impartiality
• Responsiveness

56
Fixed Elections?

• An Act to Amend the Canada Elections Act
• (C-16, 3 May 2007)
• (2) Subject to subsection (1), each general
  election must be held on the third Monday of
  October in the fourth calendar year following
  polling day for the last general election, with
  the first general election after this section
  comes into force being held on Monday, October
  19, 2009.

57
Institutional Implications

• An Act to Amend the Canada Elections Act
• (C-16, 3 May 2007)
• 56.1 (1) Nothing in this section affects the
  powers of the Governor General, including the
  power to dissolve Parliament at the Governor
  Generals discretion.

58
Institutional Implications

• Other institutional features
• Question Period (or Question Time)
• Pre-eminence of government legislation over
  private members business
• Tradition of civil service neutrality anonymity

59
Conclusions

• Origins CA 1867, Rebellions 1837
• Fusion vs Separation of Power
• Power responsibility OR checks balances
• Confidence, collective ministerial
  responsibility
• Government Formation Majorities minorities
• Institutional logic of responsible government

60
Conclusions

• Origins CA 1867, Rebellions 1837
• Fusion vs Separation of Power
• Power responsibility OR checks balances
• Confidence, collective ministerial
  responsibility
• Government Formation Majorities minorities
• Institutional logic of responsible government

61
Conclusions

• Origins CA 1867, Rebellions 1837
• Fusion vs Separation of Power
• Power responsibility OR checks balances
• Confidence, collective ministerial
  responsibility
• Government Formation Majorities minorities
• Institutional logic of responsible government

62
Conclusions

• Origins CA 1867, Rebellions 1837
• Fusion vs Separation of Power
• Power responsibility OR checks balances
• Confidence, collective ministerial
  responsibility
• Government Formation Majorities minorities
• Institutional logic of responsible government

63
Conclusions

• Origins CA 1867, Rebellions 1837
• Fusion vs Separation of Power
• Power responsibility OR checks balances
• Confidence, collective ministerial
  responsibility
• Government Formation Majorities minorities
• Institutional logic of responsible government

64
Conclusions

• Origins CA 1867, Rebellions 1837
• Fusion vs Separation of Power
• Power responsibility OR checks balances
• Confidence, collective ministerial
  responsibility
• Government Formation Majorities minorities
• Institutional logic of responsible government