Is the Canadian Model

1
Is the Canadian Model of Democracy Different?
PSCI 102M
2
How are We Different? How Different are We?

• Part 1 Introduction
• Part 2 The Structure of Government
• Part 3 Public Policy

3
Political Institutions -- The Structure of
Government

• MAIN QUESTIONS
• Are the political institutions of Canada and the
  United States structured differently so that it
  appears that they were modeled on fundamentally
  different models of democracy?
• Do the political institutions of Canada and the
  United States differ in ways that would lead us
  to expect differences in public policy?

4
Political Institutions -- The Structure of
Government

• the Constitution
• the judiciary
• the legislature
• the executive
• federalism
• mechanisms of popular representation

5
Constitutional Rights
January 21
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Themes of the Constitutional Orders

• American Constitution...
• life, liberty and the pursuit of happiness
  (Declaration of Independence)
• Bill of Rights
• Canadian Constitution...
• peace, order and good government (s.91
  Constitution Act)
• parliamentary sovereignty

7
Models of Democracy
Limited Govt
Liberal Democracy
Liberal Democracy II
Life, Liberty and the Pursuit of Happiness
High Mass Participation
Low Mass Participation
Peace, Order and Good Government
Participatory Democracy
Elite Democracy
General Welfare
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Democracy Wheres the Canadian Political System?
Individual Rights/Limited Govt
Liberal Democracy I
Liberal Democracy II
High Mass Participation
Low Mass Participation
Canada
Canada
Participatory Democracy
Elite Democracy
General Welfare
9
The Canadian Charter of Rights and Freedoms (1982)

• fundamental freedoms
• democratic rights
• legal rights
• equality rights
• minority language education rights
• mobility rights

10
American Civil Liberties -- What Are They?

• TYPES OF CIVIL LIBERTIES
• FUNDAMENTAL FREEDOMS
• Congress shall make no law...
• freedom of conscience
• freedom of expression
• LEGAL RIGHTS
• DUE PROCESS
• against unreasonable search and seizure
• against self-incrimination
• vs. Civil Rights
• adhere to individuals (civil liberties) rather
  than groups (civil rights)
• negative vs. positive freedom

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Type of Right Canada United States
Fundamental Freedoms Yes Yes
Democratic Rights Yes Yes
Legal Rights Yes Yes
Equality Rights Yes Yes
Language Rights Yes No
Mobility Rights Yes No
Bear Arms No Yes (disputed)
Property No Yes
12
Limits on the Canadian Charter of Rights and
Freedoms

• Section 1 reasonable limits
• comparable limits on the American Bill of Rights?

13
Limits on the Canadian Charter of Rights and
Freedoms

• Section 33 Notwithstanding Clause
• comparable limits on the American Bill of Rights?
• No!
• application
• does not apply to democratic rights, mobility
  rights, minority language education rights

14
Limits on the Canadian Charter of Rights and
Freedoms

• Section 33 Notwithstanding Clause
• usage
• very difficult to use politically
• notwithstanding raises caution flags
• examples of use
• Quebec blanket use
• Saskatchewan nurses strike

15
Legalized Politics -- The Implications

• positive aspects of legalized politics
• offers access
• not based on popular opinion
• negative aspects of legalized politics
• style of politics
• adversarial
• not prone to compromise
• atomizing
• people define themselves as individuals rather
  than members of community/society