Is the Canadian Model Is the Canadian Model of Democracy Different?of Democracy Different?

How are We Different? How How are We Different? How Different are We?Different are We?Part 1: IntroductionPart 2: The Structure of GovernmentPart 3: Public Policy

Political Institutions -- The Political Institutions -- The Structure of GovernmentStructure of GovernmentMAIN 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?

Political Institutions -- The Political Institutions -- The Structure of GovernmentStructure of Governmentthe Constitutionthe judiciarythe legislaturethe executivefederalismmechanisms of popular representation

Constitutional RightsConstitutional Rights

January 21

Themes of the Constitutional Themes of the Constitutional OrdersOrdersAmerican 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

Models of DemocracyModels of Democracy

Limited Gov’t

General Welfare

High Mass Participation

Low Mass Participation

Participatory Participatory DemocracyDemocracy

Elite Elite DemocracyDemocracy

Liberal Liberal Democracy Democracy

Liberal Liberal Democracy IIDemocracy IILife, Liberty and the Life, Liberty and the

Pursuit of HappinessPursuit of Happiness

Peace, Order and Peace, Order and Good GovernmentGood Government

Democracy:Democracy:Where’s the Canadian Political System?Where’s the Canadian Political System?

Individual Rights/Limited Gov’t

General Welfare

High Mass Participation

Low Mass Participation

Participatory Participatory DemocracyDemocracy

Elite Elite DemocracyDemocracy

Liberal Liberal Democracy I Democracy I

Canada

Canada

Liberal Liberal Democracy II Democracy II

The Canadian Charter of Rights The Canadian Charter of Rights and Freedoms (1982)and Freedoms (1982)fundamental freedomsdemocratic rightslegal rightsequality rightsminority language education rightsmobility rights

American Civil Liberties -- American Civil Liberties -- What Are They?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

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

Limits on the Canadian Charter Limits on the Canadian Charter of Rights and Freedomsof Rights and FreedomsSection 1: reasonable limits

– comparable limits on the American Bill of Rights?

Limits on the Canadian Charter Limits on the Canadian Charter of Rights and Freedomsof Rights and FreedomsSection 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

Limits on the Canadian Charter Limits on the Canadian Charter of Rights and Freedomsof Rights and FreedomsSection 33: Notwithstanding Clause

– usage very difficult to use politically “notwithstanding” raises caution flags

– examples of use Quebec blanket use Saskatchewan nurses’ strike

Legalized Politics -- The Legalized Politics -- The ImplicationsImplications

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