Role of the Governor General and the Crown
The Crown
The crown (king/queen) play a symbolic role within the Canadian parliamentary system. They are part of the legislative and executive branches. In the executive they are Canada’s official head of state which is largely a ceremonial role. In the legislative branch they give the royal assent to bills, which is the final stage in the process of passing bills.
The Governor General
The Governor General is the representative of the Crown within the government. They act on behalf of the Crown. For example, they give the royal assent to bills since the Crown is not in Canada. As such the Crown is represented federally by Governor General and provincially by lieutenant governors. The Governor General is appointed by the Crown on advice from the Prime Minister but in practice, the Prime Minister chooses the Governor General.
Structure of Parliament
The House of Commons and Senate are a part of the legislative branch. Together, they form the bicameral legislature, meaning there are two chambers.
1. House of Commons
The House of Commons is the lower chamber of Parliament. It is the predominant forum for political debate and lawmaking. The sitting members hold the government accountable through debates, Question Period, and committee work. The House of Commons decides on the budget for spending, outlining how taxpayers money is being spent.
Members who sit in the House of Commons are referred to as Members of Parliament (MPs). Currently, there are 343 MPs, each of whom is elected to represent one federal electoral district or riding across the country. They are to represent their constituents’ interest and concerns as an MP. They also hold the government accountable by providing alternative perspectives and participating in debates.
2. Senate
The Senate is also referred to as the upper chamber of Parliament that provides a ‘sober second thought’ to the House of Commons. They ensure that laws are fair, reasonable, and regionally inclusive.
Senators sit in the Senate and they are appointed by the Governor General on the advice of the Prime Minister. Currently, there are 105 Senators, all of whom can serve until the mandatory retirement age of 75 years. The seats are distributed to regionally ensure balanced representation.
Some of their duties involve:
- Reviewing legislation
- Ensuring regional representation especially for smaller provinces
- Advocating for minority or marginalized communities
| Feature | House of Commons | Senate |
|---|---|---|
| Membership | 343 elected MPs | 105 appointed Senators |
| Selection Method | Elected by voters | Appointed by the Governor General |
| Primary Role | Lawmaking and governance | Reviewing and revising laws |
| Accountability | Directly accountable to voters | Not directly accountable |
| Legislation Initiation | Most bills start here | Can start bills here, but usually do not |
The Role of Members of Parliament (MPs) and Senators
1. Members of Parliament
Members who sit in the House of Commons are referred to as Members of Parliament (MPs). Currently, there are 343 MPs, each of whom is elected to represent one federal electoral district or riding across the country. They are to represent their constituents’ interest and concerns as an MP.
Certain MPs are then selected to become Ministers in the Prime Minister’s cabinet. As Ministers, these members are responsible for specialized areas such as foreign affairs, finance or immigration. These ministers are responsible to the House for any issue or concern their ministry encounters. For example, a Minister can be responsible for the backlog in rolling out a program. Ministers are part of the Prime Minister’s cabinet that sets out the priority and policies for the government.
2. Senators
Senators sit in the Senate and they are appointed by the Governor General on the advice of the Prime Minister. In 2016 an Independent Advisory Board for Senate Appointments was created that reviews potential candidates. Currently, there are 105 Senators, all of whom can serve until the mandatory retirement age of 75 years. The seats are distributed to regionally ensure balanced representation.
Some of their duties involve:
- Reviewing legislation
- Ensuring regional representation especially for smaller provinces
- Advocating for minority or marginalized communities
- Initiate bills except bills providing for expenditure of public money or imposing taxes
Senatorial Qualifications
Section 23 of the Constitution Act 1867
- At least 30 years old
- Canadian citizenship
- Own land in Province for which they are appointed for
- Net worth of at least $4,000
- Resident of province for which they are appointed for
How may a Senator lose their seat?
Section 31 of the Constitution Act 1867
- Does not show up for two consecutive sessions
- Has a dual citizenship
- Go bankrupt or insolvent
- Criminal conviction – treason or convicted of felony
- Fails to maintain property or residence qualification
3. Parliament Privilege
Parliamentary Privilege is a constitutional doctrine as indicated by s.18 of the Constitution Act of 1867. Parliamentary Privilege consists of rights that are necessary to ensure the functioning of the legislature and apply to both House of Commons and Senate. It applies federally and provincially.
Parliamentary Privilege are a bundle of rights and privileges which include:
- Freedom of Speech
- Power to control its own internal proceedings including internal discipline
- Bodies have legal exemption from some duty, burden, attendance or liability to which citizens are subject to
Application of some Parliamentary Privilege
1. Freedom of Speech
- Complete immunity from prosecution or civil liability from things said during parliament committee and sittings
- Applies to a sitting or debate of a bill
- Members and witnesses speaking in parliamentary committees are also protected
- It is to ensure the complete and free debate without fear of legal precautions
2. Freedom from Arrest
- Applies only to civil matters – cannot be arrested or subject to 40 days before/after a parliamentary session and dissolution
3. Freedom from Obstruction, Interference & Intimidation
- Cannot block members from entering parliamentary district
4. Exemption from Court Attendance
- Cannot be served with any legal process on parliamentary grounds without approval from speaker