King-in-Council

The Government of Canada, formally referred to as His Majesty's Government,^[1][2] is defined by the constitution as the King acting on the advice of his Privy Council;^[3][4] what is technically known as the King-in-Council^[5] or, sometimes, the Governor-in-Council,^[6] referring to the governor general as the King's stand-in. However, the Privy Council—composed mostly of former members of parliament, current and former chief justices of Canada, and other elder statesmen—rarely meets in full; as the stipulations of responsible government require that those who directly advise the monarch and governor general on how to exercise the Royal Prerogative be accountable to the elected House of Commons, the day-to-day operation of government is guided only by a sub-group of the Privy Council made up of individuals who hold seats in Parliament.^[4] This body of ministers of the Crown is the Cabinet, which has come to be the council in the phrase King-in-Council.

Elizabeth II, Queen of Canada, with her Cabinet, chaired by Prime Minister Lester B. Pearson, part of the 19th Canadian Ministry (Elizabeth's third), at Rideau Hall, 1 July 1967

In the context of constitutional monarchy and responsible government, the ministerial advice tendered is typically binding; though, it is important to note that the royal prerogative belongs to the Crown, not to any of the ministers,^[7][8] and the royal and viceregal figures may unilaterally use these powers in exceptional constitutional crisis situations.^{[note 1][23]} There are also a few duties which must be specifically performed by, or bills that require assent by, the King. Royal assent has never been denied to a law passed by the federal Parliament.^[24]

One of the main duties of the Crown is to appoint as prime minister the individual most likely to maintain the confidence of the House of Commons; this is usually the leader of the political party with a plurality of seats in that house. But, when no party or coalition holds a majority (referred to as a hung parliament), or similar scenario, the governor general's judgment about the most suitable candidate for prime minister must be brought into play.^[25] The prime minister thereafter heads the Cabinet. The King is informed by his viceroy of the acceptance of the resignation of a prime minister and the swearing-in of a new ministry^[25] and he remains fully briefed through regular communications from his Canadian ministers and holds audience with them whenever possible.^[26]

Selection and structure

The governor general appoints to the Cabinet persons chosen by the prime minister—John A. Macdonald once half-jokingly listed his occupation as cabinet maker. While there are no legal qualifications of the potential ministers, there are a number of conventions that are expected to be followed. For instance, there is typically a minister from each province, ministers from visible minority groups, female ministers, and, while the majority of those chosen to serve as ministers of the Crown are members of Parliament, a cabinet sometimes includes a senator,^[27] especially as a representative of a province or region where the governing party won few or no ridings. Efforts are further made to indulge interest groups that support the incumbent government and the party's internal politics must be appeased, with Cabinet positions sometimes being a reward for loyal party members. It is not legally necessary for Cabinet members to have a position in parliament although they are almost always selected from the House of Commons.

A meeting of the Cabinet of William Lyon Mackenzie King in 1930

As with other Westminster-derived governments, but unlike the United States Cabinet, the size and structure of the Canadian Cabinet is relatively malleable, the slate of Cabinet positions tending to be substantially restructured periodically, the last major period of realignment occurring between 1993 and 1996. Throughout the 20th century, cabinets had been expanding in size until the Cabinet chaired by Brian Mulroney, with a population of 40 ministers. Mulroney's successor, Kim Campbell, reduced this number and Jean Chrétien eliminated approximately 10 members of the ministry from the Cabinet, so that, by 1994, there were a total of 23 persons in Cabinet. Under the chairmanship of Paul Martin, the number increased again to 39, in the vicinity of which it has remained. The Trudeau Cabinet comprised 37 ministers in 2021.^[28]

Cabinet itself—or full Cabinet—is further divided into committees. The Treasury Board, overseeing the expenditure of the sovereign's state funds within every department, is one of the most important of these. The structure of Cabinet fluctuates between and within ministries. For example, the Priorities and Planning Committee, often referred to as the inner Cabinet, was the body that set the strategic directions for the government under Stephen Harper, approving key appointments and ratifying committee memberships. This committee ceased to exist under Justin Trudeau.^[29] Other Cabinet committees common across committee structures include operations, social affairs, a committee focused on economic growth, foreign affairs and security, the environment, and energy security.^[30] Each committee is chaired by a senior minister whose own portfolio may intersect with the mandate of the committee.^[29]

Ministers, secretaries, and deputies

The 16th Canadian Ministry, headed by William Lyon Mackenzie King, on the grounds of Rideau Hall, 19 June 1945

Each minister of the Crown is responsible for the general administration of at least one government portfolio and heads a corresponding ministry or ministries, known in Canada as departments or agencies. The most important minister, following the first minister, is the minister of finance, while other high-profile ministries include foreign affairs, industry, justice, and health. The official order of precedence does not follow the same pattern, however, with ministers being listed in the order of their appointment to the Privy Council; if appointed on the same day, the individuals are placed in order of their election or appointment to Parliament.^[31]

Unique positions in Cabinet are those such as leader of the government in the House of Commons and president of the King's Privy Council, who have no corresponding department and some ministers, such as the minister for international cooperation, head agencies under the umbrella of a department run by another minister. Further, the prime minister may recommend the governor general appoint to Cabinet some ministers without portfolio, which was last done in 2021, when Prime Minister Trudeau advised the appointment of Jim Carr as Special Representative to the Prairies.^[32] Unlike in many other Westminster model governments, ministers of state in Canada are considered full members of Cabinet, rather than of the ministry outside it, which has the effect of making the Canadian Cabinet much larger than its foreign counterparts. These individuals are assigned specific, but temporary, responsibilities on a more ad hoc basis, fulfilling tasks created and dissolved to suit short-term government priorities from within a department under a full minister of the Crown. Ministers of state may also be named, but not specified any particular responsibilities, thus giving them the effective appearance of ministers without portfolio, or be delegated problems or initiatives that cut across departmental boundaries, a situation usually described as having the [situation] file.

Members of the Cabinet receive assistance from both parliamentary secretaries—who will usually answer, on behalf of a minister, questions in the House of Commons—and deputy ministers—senior civil servants assigned to each ministry in order to tender non-partisan advice.

Citations

Sources

• Brooks, Stephen (2009). Canadian democracy (6th ed.). Oxford University Press. ISBN 9780195431032.
• Dawson, R. MacGregor; Dawson, W.F. (1989). Democratic Government in Canada (5th ed.). Toronto: University of Toronto Press. ISBN 0-8020-6703-4.
• Forsey, Eugene (2005). How Canadians Govern Themselves (PDF) (6th ed.). Ottawa: Queen's Printer for Canada. ISBN 0-662-39689-8. Archived from the original (PDF) on March 31, 2012. Retrieved May 14, 2009.
• MacLeod, Kevin S. (2008). A Crown of Maples (PDF) (1 ed.). Ottawa: Queen's Printer for Canada. ISBN 978-0-662-46012-1. Retrieved June 21, 2009.
• McWhinney, Edward (2005). The Governor General and the Prime Ministers. Vancouver: Ronsdale Press. ISBN 1-55380-031-1.
• Savoie, Donald (1999). Governing from the Centre: The Concentration of Power in Canadian Politics. Toronto: University of Toronto Press. ISBN 978-0-8020-8252-7.
• Simpson, Jeffrey (2001). The Friendly Dictatorship. Toronto: McClelland & Stewart. ISBN 978-0-7710-8079-1.
• Tidridge, Nathan (2011). Canada's Constitutional Monarchy: An Introduction to Our Form of Government. Toronto: Dundurn Press. ISBN 9781459700840.