The Judiciary & Judicial Independence
An investigation into the Supreme Court of Canada and its power to strike down laws under the Charter of Rights and Freedoms.
Key Questions
- Critique whether the Supreme Court has too much power in a democracy.
- Analyze how judges are appointed and whether it ensures impartiality.
- Evaluate the concept of judicial independence in a democratic system.
Ontario Curriculum Expectations
About This Topic
This topic analyzes the Executive Branch of the Canadian government, specifically the Prime Minister, the Cabinet, and the Prime Minister's Office (PMO). Students examine the concentration of power in the executive and the concept of 'Prime Ministerial government,' where the PM exerts significant control over the legislative agenda and party discipline. The curriculum also covers the symbolic and constitutional role of the Governor General as the representative of the Crown.
For Grade 12 students, this study is about the reality of political power versus the formal structures of government. They investigate how the Cabinet is formed to balance regional, linguistic, and demographic interests and how the 'unwritten' rules of the Constitution (conventions) guide executive behavior. This topic comes alive when students can simulate a Cabinet meeting, where they must navigate competing departmental priorities and regional pressures to reach a collective decision.
Active Learning Ideas
Simulation Game: Cabinet Meeting
Assign students roles as Ministers (Finance, Environment, Indigenous Affairs, etc.). They must debate a controversial policy, such as a new pipeline or a national housing strategy, while the 'Prime Minister' tries to maintain Cabinet solidarity.
Inquiry Circle: The PMO's Reach
Students research the growth of the PMO over the last 40 years. They create a visual map showing how the PMO interacts with the bureaucracy, the media, and the caucus, and discuss whether this concentration of power is healthy for democracy.
Think-Pair-Share: The Role of the Governor General
Students read about a constitutional crisis (e.g., the 2008 prorogation crisis). They discuss with a partner whether the GG should be a purely ceremonial figure or if they should have the power to act as a 'constitutional fire extinguisher.'
Watch Out for These Misconceptions
Common MisconceptionThe Prime Minister is the 'head of state' in Canada.
What to Teach Instead
The King is the head of state, represented by the Governor General. The PM is the 'head of government.' Using a 'Head of State vs. Head of Government' comparison chart helps students understand the separation between symbolic authority and political power.
Common MisconceptionCabinet Ministers can publicly disagree with the Prime Minister.
What to Teach Instead
Under the principle of 'Cabinet Solidarity,' all ministers must publicly support a government decision or resign. Analyzing historical resignations (like Jody Wilson-Raybould) helps students see the high cost of breaking this convention.
Suggested Methodologies
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Frequently Asked Questions
How is a Cabinet chosen?
What is the 'Prime Minister's Office' (PMO)?
Can the Governor General refuse a Prime Minister's request?
How can active learning help students understand executive power?
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