Federalism

Majority Government

A majority government is when a political party has more than half of the seats in the House of Commons. For the Canadian federal government, this is when there are at least 172 seats out of the 343 held by one party. The leader of the majority party becomes the Prime Minister. 

Under a majority government, it is easier for the ruling party to pass legislation. This is because they are able to get over 50% of the votes from the legislature since it is mainly made of their party MPs. Majority governments are also typically more stable, since their policies and budgets can be implemented with a greater certainty of passing.

Minority Governments

A minority government is when no one political party wins more than half of the seats of the House of Commons. To form a government then, a political party needs to gain support from an opposition party and its MPs.

In minority governments, the governing party must negotiate with other parties in order to gain enough support to pass legislation and budgets. This is because legislation requires approval from 50% + 1 members of the House of Commons. The negotiation typically involves making compromises and concessions according to the opposition parties’ demands. 

Minority governments can result in a coalition government, where two or more parties agree to govern together and collectively hold a majority of the seats. This is a power sharing arrangement or temporary alliance in order for the coalition to pass the vote of confidence. The leader is mutually decided amongst the coalition parties. This is a method parties can negotiate their policies and gain approval in return for support.

The Case of Stephen Harper and the Conservatives

Former Prime Minister, Stephen Harper, led both minority and majority governments during his tenure from 2006 to 2015. 

In the 2006 Federal Election, Harper’s Conservative Party won 124 out of 308 seats. Since this is less than 50% of the House of Commons, Harper formed a minority government. In effect, this meant that Harper had to negotiate with opposition parties to pass legislation and budgets.

In the 2008 Federal Election, the Conservatives won 143 seats out of 308, which is still short of a majority. Thus, they needed the support of another party in the House to form a government. However, due to the economic and political landscape at the time, the Liberals, NDP, and Bloc Quebecois formed a coalition opposing Harper. 

Harper asked the Governor General prorogue Parliament, which many at the time criticized as a way to avoid the confidence vote. When Parliament resumed in the new year, the coalition fell apart and Harper successfully formed another minority government. 

By 2011, Harper led the Conservatives to a 166-seat majority government. This gave his government more leeway to enact legislation reflecting the Conservative party mandate, including tougher crime legislation and reforms to immigration. 

King-Byng Affair

In 1926, Prime Minister Mackenzie King, the leader of the Liberal party, headed a minority government and faced the prospect of losing a vote in the House of Commons. He asked Governor General Viscount Julian Byng of Vimy to dissolve parliament and call an election. Byng refused King’s request for a dissolution of Parliament that would have triggered an election. 

Prime Minister King resigned and Governor General Byng called upon the Leader of the Opposition, the Conservative Party Leader, Arthur Meighen, to form a government. Arthur Meighen formed a minority government but was unable to command the confidence of the majority in the House of Commons and was forced to ask the governor general to dissolve Parliament. Following an election, the liberals under the leadership of Mackenzie King formed a majority government.

The Official Opposition Party

The official opposition is the political party with the second-largest number of seats in Canada. The leader of the official opposition is typically the leader of the second largest party. Their role is to hold the government accountable by scrutinizing their actions and providing alternative policies.

The official opposition enjoys certain privileges and resources. They are provided with parliamentary resources including financial and staffing support. They also have their own shadow cabinet composed of opposition MPs.

Resignation

When a Prime Minister resigns, they will typically stay in office as a caretaker until a successor is chosen. In the meantime, the governing party selects a new leader. This happens through a leadership convention where party members vote for a new leader. Alternatively, the leader can be chosen by a decision by the Parliamentary caucus (elected MPs of the party).

In the case the leader chosen is not a current Member of Parliament, they have to seek election in the House of Commons. They must also command the confidence of the House by having the majority of support of MPs. The Governor General will then formally appoint the new party leader as the Prime Minister. 

If no candidate can command the confidence of the House, or if the political climate demands it, a general election might be called. However, this is less common when the governing party has a clear majority.

Resignation of Prime Minister Justin Trudeau

After months of internal pressure from his party, Prime Minister Justin Trudeau announced his resignation as Liberal party leader in early 2025. Trudeau held his position as party leader until the Liberal party voted on a new leader. 

Mark Carney won the leadership race and became the new Liberal party leader. Once he became Prime Minister, Carney advised the Governor General Mary Simon to dissolve Parliament and call an election. Under the leadership of Mark Carney the Liberals won the election forming a minority government.

Vote of Confidence

A vote of confidence is a test run in the House of Commons to determine whether the elected government (typically the Prime Minister and their Cabinet) has the support of the majority of Members of Parliament (MPs) in the House of Commons. The vote grants the ruling government legitimacy and reinforces their ability to govern.

The confidence vote ensures that the ruling government has the ongoing support of elected representatives. It is thus central to the Canadian parliamentary system, where the government gets its authority from the elected House of Commons.

Confidence motions can be held on the federal or provincial level. At the federal level, it is the Governor General and at the provincial level, it is the lieutenant governor.

When Does It Happen?

• Scheduled Vote: Often associated with key issues such as the budget or major legislation.
• Specific Motion: The government can call an explicit confidence vote to affirm its support or the opposition can introduce a motion of no confidence.
• Implicit Confidence vote: Some votes, like budget approvals, are automatically considered confidence votes.

Outcomes of a Vote of Confidence

If the government wins the vote, this means they have majority support from the MPs in the House. The ruling government remains in power and continues its policies and agenda. 

If the government loses the vote, they are not able to gain support from the majority of MPs in the House. The government has 3 options:

1. Resign: The Prime Minister and their Cabinet must resign
2. New government formed: The Governor General can ask another party leader and their MPs to gain majority support and form government
3. Dissolve: The Governor General can dissolve Parliament and call for a general election

Majority governments typically win confidence votes easily since they have more than half of the seats in the House of Commons. This means they have majority support in the House.  

Minority governments usually have to seek support from other parties to pass confidence votes.

Prime Minister Stephen Harper’s Vote of Confidence

In 2011, Prime Minister Stephen Harper’s minority government lost a vote of confidence. This led to the dissolution of Parliament, a subsequent general election, which ultimately resulted in the Conservative Party forming a majority government. This example shows that representatives and voters can have differences in opinions.

Prime Minister Justine Trudeau’s Vote of Confidence

In March 2024, Conservative Leader Pierre Poilievre attempted to pass a vote of non-confidence against Prime Minister Justin Trudeau’s minority Liberal government. The motion was defeated when the NDP, Bloc Quebecois, and Green MPs in the House voted in support of the Liberals. This resulted in the minority Liberal government to continue in its role as the governing party.

Prorogation

Prorogation is the suspension of a session of Parliament by the Governor General, on the advice of the Prime Minister. It ends all parliamentary business, including the work of committees, the progress of bills, and sitting in the House of Commons. However, prorogation does not dissolve Parliament or trigger a general election—those would require a dissolution.

The power of prorogation is an exercise of the royal prerogative. This means it is technically a power assigned to the Governor General but in practice, it is exercised on the advice of the Prime Minister. 

The exact date of reconvening after prorogation depends on when the Prime Minister advises the Governor General to end the prorogation. This can vary widely, but prorogation typically lasts from a few weeks to a couple of months.

Once prorogation occurs, a new session of Parliament is usually opened with a Speech from the Throne, which sets out the government’s new agenda.

Purpose 

It provides a clear break between sessions and can be used to reset the legislative agenda. This allows the government to introduce new policies and initiatives in a fresh session.

Prorogation can be used strategically to manage political crises. For example, a government facing a confidence motion or a challenging political situation may prorogue Parliament to delay or avoid potential defeat in the House. In such cases, prorogation provides the government with time to regroup, recalibrate, or address any controversies.

Prorogation can coincide with elections or changes in government leadership. If a government is preparing for a general election, prorogation can mark the end of that Parliament’s business. It may also serve as a precursor to the government’s transition, particularly when there is a leadership change or a shift in political direction.

Impact of Prorogation

Prorogation temporarily halts all parliamentary business, which can have significant consequences. For example, it can delay the passage of legislation, disrupt committee work, and even prevent inquiries into government actions. 

Prorogation is a powerful tool but has been a source of debate, especially when used in ways that appear to be politically motivated. Critics argue that it undermines the parliamentary process and accountability, while defenders claim it is a legitimate tool for resetting the government’s legislative agenda.

Examples of Prorogation

1. 2003 Prorogation: In 2003, Prime Minister Jean Chrétien prorogued Parliament to end the political fallout from the sponsorship scandal. This move effectively delayed a potential no-confidence motion against his government. Chrétien had been under pressure following revelations of corruption and misuse of government funds in the sponsorship program.
2. 2008 Prorogation: The most controversial use of prorogation in recent history occurred in December 2008, when Prime Minister Stephen Harper advised the Governor General to prorogue Parliament. This move followed a threat of a non-confidence motion that would likely have resulted in the Harper government’s defeat. Harper’s decision was seen by some as a way to avoid a parliamentary crisis and gain time to recover politically. Critics argued it was an undemocratic use of power to avoid accountability.
3. 2019 Prorogation: In August 2019, Prime Minister Justin Trudeau advised the Governor General to prorogue Parliament ahead of the fall federal election. This prorogation lasted several weeks, from early September to mid-October. Critics argued that this was done to reset the political narrative after a series of controversies, including the SNC-Lavalin affair. The government defended the decision as a normal procedure to prepare for the new parliamentary session after the election.
4. 2025 Prorogation: In January 2025, Prime Minister Justin Trudeau requested the Governor General to prorogue Parliament until March 25 2025. The Governor General granted that request but an application for a judicial review was filed to the Federal Court of Canada. The court found that the decision to prorogue did not breach any Charter rights and did not exceed limitations of power writing in the Constitution, ultimately dismissing the case.

How Bills Become Laws

In order for a bill to become a law, it needs to be approved by the House of Commons and Senate. In general, all bills are debated, reviewed and then voted upon. After the bill passes both houses of Parliament, the Governor General gives the bill the Royal Assent officially making the bill into a law.

Types of Bills

1. Government Bills: Proposed by the government and typically reflect its legislative agenda.
2. Private Members’ Bills: Introduced by MPs or Senators who are not part of the government.

Legislative Process

1. Introduction of the Bill
   A bill can be introduced by a Member of Parliament (MP) or a Senator, but most bills are introduced by the government.
2. First Reading
   The bill is formally introduced and its title is read out. At this stage, there is no debate on the content of the bill. It is a formality to bring it before the House of Commons or Senate.
3. Second Reading
   This is the first opportunity for MPs or Senators to debate the general principles and purpose of the bill. Following the debate, members vote on whether the bill should proceed to the next stage. If passed, the bill moves to the committee stage.
4. Committee Stage
   The bill is referred to a parliamentary committee (e.g., Standing Committee on Finance, Justice, etc.) for a more detailed examination. Committees may hear testimonies, propose amendments, and hold clause-by-clause reviews. Amendments are voted on and may be adopted, rejected, or modified. After the committee completes its review, it reports the bill back to the House of Commons or Senate.
5. Report Stage
   After the committee has reviewed the bill, it returns to the House or Senate for the Report Stage. Here, MPs or Senators debate and vote on the committee’s amendments. Further amendments can also be made at this stage.
6. Third Reading
   The bill is debated in its final form, including all amendments made during the committee and report stages. MPs or Senators discuss the bill’s overall merits and may further amend it. A final vote is taken. If it passes, the bill moves to the other chamber (if it begins in the House of Commons, it moves to the Senate, and vice versa).
7. Senate Review (or House of Commons Review)
   The process in the Senate is similar to that in the House of Commons: the bill goes through three readings, committee review, and a final vote. The Senate may propose amendments. If the House of Commons agrees to the amendments, the bill moves forward; if not, there may be further negotiations between the two chambers.
8. Royal Assent
   Once both the House of Commons and the Senate have agreed to the bill in identical form, it is sent to the Governor General for Royal Assent. The Governor General gives formal approval, and the bill becomes law.

Contesting a Bill

Once a bill has been passed and receives Royal Assent, it becomes law. However, there are some ways to challenge the law post-enactment.

Constitutional or Legal Challenge

If a law violates the constitution or the Charter, it can be challenged on the grounds of validity, vagueness, or clarity in the court system. Section 52 of the Constitution Act, 1982 allows courts to strike down laws that are inconsistent with the constitution. Laws can also be judicially reviewed if they are seen to violate principles of fairness or due process.

Lobbying for Repeal or Amendment

Whether this is petitions to Parliament, public campaigns with advocacy groups, or engaging MPs, political advocacy and lobbying can push for a law to be amended or repealed. While these actions do not directly alter the law, it can pressure the government to reconsider and modify its policies.