Volume ONTARIO NATIVE WOMEN S ASSOCIATION. Building Aboriginal Women s Leadership. Introduction to Political Science

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1 Vlume 3 ONTARIO NATIVE WOMEN S ASSOCIATION Building Abriginal Wmen s Leadership Intrductin t Plitical Science

2 O N T A R I O N A T I V E W O M E N S A S S O C I A T I O N Intrductin t Plitical Science Ontari Native Wmen s Assciatin 212 East Miles Street Thunder Bay, ON P7C 1J6 Phne Fax Funded by:

3 Table f Cntents Backgrund Infrmatin... 2 Ontari Native Wmen s Assciatin Our Mandate... 2 Ontari Native Wmen s Assciatin Our Objectives... 3 Intrductin t Plitical Science... 4 Canada s System f Gvernment... 5 The Queen... 6 The Senate... 6 The Huse f Cmmns... 7 Fur Main Levels f Gvernment... 8 Federal Gvernment... 9 Prvincial Gvernment Ontari Prvincial Gvernment Municipal Gvernment Reginal r Upper Tier Municipalities First Natins / Band Cuncil Passing Bills int Law Gvernment Bill Private Bill Private Members Bill Cmmittee Bill Natinal Abriginal Organizatins (NAOs) Native Wmen s Assciatin f Canada Métis Natinal Cuncil Inuit Tapiriit Kanatami Cngress f Abriginal Peples Assembly f First Natins Cnclusin... 32

4 Backgrund Infrmatin Ontari Native Wmen s Assciatin Our Mandate T he Ontari Native Wmen's Assciatin (ONWA) is a nt fr prfit rganizatin that empwers and supprts Abriginal wmen and their families in the prvince f Ontari. Affiliated with the Native Wmen s Assciatin f Canada (NWAC), ONWA encurages the participatin f Abriginal wmen in the develpment f federal, prvincial, municipal/lcal gvernment plicies that impact their lives and ensures issues affecting Abriginal wmen and their families are heard at key gvernment tables. ONWA is cmmitted t prviding services that strengthen cmmunities and guarantees the preservatin f Abriginal culture, identity, art, language and heritage. Ending vilence against Abriginal wmen and their families and ensuring equal access t justice, educatin, health services, envirnmental stewardship and ecnmic develpment, sits at the crnerstne f the rganizatin. ONWA insists n scial and cultural well being fr all Abriginal wmen and their families, s that all wmen, regardless f tribal heritage may live their best life. 2

5 Ontari Native Wmen s Assciatin Our Objectives T build relatinships with all levels f gvernment and ther rganizatins t cllabrate n all sci-ecnmic issues affecting the well-being f all Abriginal wmen and their families. T increase Abriginal wmen s skills and capacity in planning, develping and managing an array f prgrams and services that directly impacts their lives and thse f their families. T cntinue t wrk twards unity amngst Abriginal wmen and their families t affect psitive change in sciety in recgnizing the imprtance f diversity and inclusin fr all peple. Thrugh a cmmunicatin strategy with ur membership we will encurage a unified vice t fully participate plitically t ensure Abriginal wmen and their families are apprpriately represented T prmte and advance equality and scial justice issues as they affect the realities f Abriginal wmen s lives. Thrugh the design, develpment and delivery f resurce materials and capacity develpment pprtunities. T preserve and prmte the sacred rles f Abriginal wmen and their families as valued and respected members in the cmmunity. T administer services in a culturally respectful manner. T prvide pprtunities fr Abriginal wmen t learn and teach traditinal ways f living a gd life fr future generatins that are unique t Abriginal culture. 3

6 Intrductin t Plitical Science Think f gvernments like passengers f a ship and that ship is ur cuntry f Canada. Gvernments are expected t hld the ship n curse, t arrange fr a prsperus vyage, and t be prepared t be thrwn verbard if they fail in either duty! Visualize the ship n high sea, weathering strms and n the lk ut fr ice bergs that ship and its passengers must wrk tgether t ensure a safe vyage. Everyne plays a crucial part in its successful and safe trip. Interesting enugh, the riginal meaning f the wrd gvernment, has its rts in bth Greek and Latin meaning t steer. Canada is a demcracy, with a cnstitutinal mnarchy; which means that althugh we are a demcratic cuntry, ur head f state is the Queen f England. S althugh we have a Queen, she is mre f a figurehead r symbl than an actual plitical figure. Our head f state is the Queen f Canada, wh is als Queen f Britain, Australia and New Zealand, and a hst f ther cuntries scattered arund the wrld frm the Bahamas and Grenada t Papua New Guinea and Tuvalu. Every act f gvernment is dne in the name f the Queen, but the authrity fr every act flws frm the Canadian peple. We the peple have the pwer t cntrl the Queen! When the men wh framed the basis f ur present written cnstitutin, (dubbed the Fathers f Cnfederatin with much cntrversy), were drafting it in 1867, they chse t vest the frmal executive authrity in the Queen, t be administered accrding t the well understd principles f the British cnstitutin by the Svereign persnally r by the Representative f the Queen. That meant respnsible gvernment, with a Cabinet respnsible t the Huse f Cmmns, and the Huse f Cmmns answerable t the peple. All f the pwers f the Queen are nw exercised by her representative, the Gvernr General, except when the Queen is in Canada. The Gvernr General, wh is always a Canadian, is appinted by the Queen n the advice f the Canadian Prime Minister and, except in very extrardinary circumstances, exercises all pwers f the ffice n the advice f the Cabinet (a cuncil f Ministers), which has the supprt f a majrity f the members f the ppularly elected Huse f Cmmns. Canada is nt nly an independent svereign demcracy, but is als a federal state, with 10 largely self-gverning prvinces and three territries administered by the central gvernment. S that means, that althugh we have a federal gvernment that lks after the entire cuntry, we als have prvincial gvernments that are respnsible fr mre reginal affairs talk abut a lt f gvernment! 4

7 Canada s System f Gvernment 5

8 The Queen The Queen is the frmal head f the Canadian state. She is represented federally by the Gvernr General, and prvincially by the Lieutenant-Gvernrs. Federal Acts begin: Her Majesty, by and with the advice and cnsent f the Senate and the Huse f Cmmns, enacts as fllws ; Acts in mst prvinces begin with similar wrds. Parliament (r the prvincial legislature) meets nly at the ryal summns; n Huse f Parliament (r legislature) is equipped with a self-starter. N federal r prvincial bill becmes law withut the Ryal Assent. The mnarch has, n ccasin, given the assent persnally t federal Acts, but the assent is usually given by the Gvernr General r a deputy, and t prvincial Acts by the Lieutenant- Gvernr r an administratr. The Gvernr General and the Lieutenant-Gvernrs have the right t be cnsulted by their Ministers, and the right t encurage r warn them. But they almst invariably must act n their Ministers advice, thugh there may be very rare ccasins when they must, r may, act withut advice r even against the advice f the Ministers in ffice. The Senate The Senate usually has 105 members: 24 frm the Maritime prvinces (10 frm Nva Sctia, 10 frm New Brunswick, fur frm Prince Edward Island); 24 frm Quebec; 24 frm Ontari; 24 frm the Western prvinces (6 each frm Manitba, Saskatchewan, Alberta and British Clumbia); 6 frm Newfundland and Labradr; and 1 each frm the Yukn Territry, the Nrthwest Territries and Nunavut. There is prvisin als fr 4 r 8 extra Senatrs: 1 r 2 frm the Maritime regin, Quebec, Ontari and the West; but this has been used nly nce, in The Senatrs are appinted by the Gvernr General n the recmmendatin f the Prime Minister. They hld ffice until age 75 unless they miss tw cnsecutive sessins f Parliament. Senatrs must be at least 30 years ld, and must have real estate wrth $4,000 net, and ttal net assets f at least $4,000. They must reside in the prvince r territry fr which they are appinted; in Quebec, they must reside, r have their prperty qualificatin, in the particular ne f Quebec s 24 senatrial districts fr which they are appinted. The Senate can initiate any bills except bills prviding fr the expenditure f public mney r impsing taxes. It can amend r reject any bill whatsever. It can reject any bill as ften as it sees fit. N bill can becme law unless it has been passed by the Senate In thery these pwers are frmidable. But the Senate rarely rejects a bill passed by the Huse f Cmmns, and has very rarely insisted n an amendment that the Huse f Cmmns rejected. In ther cases, the Senate has nt adpted bills befre the end f a sessin, thereby effectively stpping them frm becming law. 6

9 Mst f the amendments the Senate makes t bills passed by the Cmmns are clarifying r simplifying amendments, and are almst always accepted by the Huse f Cmmns. The Senate s main wrk is dne in its cmmittees, where it ges ver bills clause by clause and hears evidence, ften vluminus, frm grups and individuals wh wuld be affected by the particular bill under review. This cmmittee wrk is especially effective because the Senate has many members with specialized knwledge and lng years f legal, business r administrative experience. Their ranks include ex-ministers, ex-premiers f prvinces, ex-mayrs, eminent lawyers and experienced farmers. In recent decades, the Senate has taken n the task f investigating imprtant public cncerns such as health care, natinal security and defence, abriginal affairs, fisheries, and human rights. These investigatins have prduced valuable reprts, which have ften led t changes in legislatin r gvernment plicy. The Senate usually des this kind f wrk far mre cheaply than ryal cmmissins r task frces because its members are paid already and it has a permanent staff at its dispsal. The Huse f Cmmns The Huse f Cmmns is the majr law-making bdy. In each f the cuntry s 308 cnstituencies, r ridings, the candidate wh gets the largest number f vtes is elected t the Huse f Cmmns, even if his r her vte is less than half the ttal. The number f cnstituencies may be changed after every general census, pursuant t the cnstitutin and the Electral Bundaries Readjustment Act that allt parliamentary seats rughly n the basis f ppulatin. The cnstituencies vary smewhat in size, within prescribed limits. Area Seats Ontari 106 Quebec 75 British Clumbia 36 Alberta 28 Manitba 14 Saskatchewan 14 Nva Sctia 11 New Brunswick 10 Newfundland and Labradr 7 Prince Edward Island 4 Nrthwest Territries 1 Nunavut 1 Yukn Territry 1 Ttal 308 7

10 Fur Main Levels f Gvernment Federal First Natins / Band Cuncil Prvincial Municipal 8

11 Federal Gvernment The rts f Canada's parliamentary system lie in Britain. In keeping with traditins handed dwn by the British Parliament, the Canadian Parliament is cmpsed f the Queen (wh is represented in Canada by the Gvernr General), the Senate and the Huse f Cmmns. Plicy-making is a cre functin f gvernment, central t a cuntry s plitical and ecnmic life. It is abut hw gvernments make chices and manage resurces in rder t achieve their ecnmic and scial bjectives. As stated in the Cnstitutin Act, 1867 the federal gvernment has the pwer t make laws fr the peace, rder and gd gvernment f Canada except fr areas in which the prvinces are given exclusive pwers. Amng the many exclusive pwers f the federal gvernment are: citizenship cpyright criminal law emplyment insurance freign plicy mney and banking natinal defence regulatin f trade and cmmerce the census the pst ffice 9

12 Prvincial Gvernment Ontari hlds a general electin usually every fur r five years. There are three majr plitical parties in Ontari - Liberal Party, New Demcratic Party, and the Prgressive Cnservative Party. During an electin campaign, all three majr parties nrmally run candidates in each f the prvince's 107 electral districts, ridings r cnstituencies. Independent candidates can als run. The candidate getting the mst vtes becmes a Member f Prvincial Parliament (MPP), and represents the riding's residents in the Legislative Assembly (Huse). There are 107 seats in Ontari s parliament (ne fr each riding). After a general electin, the Lieutenant Gvernr asks the leader f the party with the mst supprt in the Legislative Assembly t becme Premier and frm a gvernment. A party that wins a majrity f the seats frms a majrity gvernment. A majrity gvernment hlds pwer fr a maximum f five years, thugh it can call a general electin earlier. If n party wins a majrity f the seats then the party that has the "cnfidence f the Huse" r supprt frm members f ther parties frms the gvernment. This is called a minrity gvernment. Gvernments, usually minrity gvernments, are defeated when a majrity f members, usually Oppsitin members, vte in the Huse t express their nn-cnfidence in the gvernment. The Premier chses an Executive Cuncil, the members f which are called Ministers, and they frm the Cabinet f the Ontari Gvernment. Cabinet develps plicies and sets pririties. Cabinet Ministers intrduce gvernment legislatin fr the cnsideratin f the Assembly. Members f Prvincial Parliament frm the plitical parties that d nt frm the gvernment are called Members f the Oppsitin. Their parties are called ppsitin parties. The ppsitin party with the greatest number f ppsitin seats is called the Official Oppsitin. Members nt affiliated with a party are knwn as independent members. The prvincial gvernment is respnsible fr issues that are explicitly stated in Canada's written cnstitutin the Cnstitutin Act, Thrugh the prvincial legislature, the prvincial gvernment has the pwer t enact r amend laws and prgrams related t: administratin f justice culture and turism educatin, including pst-secndary institutins highways hspitals 10

13 natural resurces and envirnment prisns prperty and civil rights in the prvince scial services The prvince directly funds r transfers mney t institutins t ensure delivery f these essential services. The prvince als receives federal funds in the frm f transfer payments t run certain scial services (health care, educatin, etc).the prvincial legislature als has pwer ver all municipal institutins in the prvince. Ontari Prvincial Gvernment Within the Ontari prvincial gvernment there are a number f ministries that carry ut varius ecnmic, trade and scial services t ensure the prvince is running smthly and equitably fr all its residents. Within each department, the managerial structure is headed by a Minister (wh nrmally is an elected fficial) and is a member f cabinet. The Minister is respnsible key decisin making and is the gvernment s representative when entering int partnerships with ther nn-gvernment rganizatins r ther agencies. The Minister is the figure head f each department and is respnsible fr meeting with key stakehlders in the greater cmmunity t hear cncerns and gather input. Underneath the Minister f each ministry is the Deputy Minister wh is the highest ranking public servant. The Deputy Minister, unlike the Minister, is usually an expert in their respective ministry pssess an advanced degree with many years f high level experience. The Deputy Minister is respnsible fr the day t day running f the Ministry and ften briefs the Minister n areas f cncern r interest regarding the department and the area it deals with. The Deputy Minister is ften sent in place f the Minister if the Minister is t busy. The Assistant Deputy Minister is the number tw psitin in the public service. The Assistant Deputy Minister reprts directly t the Deputy Minister and is ften in charge f a department within the Ministry. There is ften mre than ne Assistant Deputy Minister in each Ministry. Althugh a large prtin f the budgets fr running the prvince are handed dwn primarily frm the federal level, prvinces are als respnsible fr cllecting taxes and distributing the funding evenly and equitably acrss the different Ministries. A budget is prepared annually and presented t the Huse fr their apprval. Pending apprval the mney is then divided up between the Ministries and left with the Treasury Bard t allcate. Each Ministry must prepare a budget submissin t the Treasury Bard t receive their prtin f the funding. Usually submissins must be int the Treasury Bard prir t July f that fiscal year t ensure funding fr the next fiscal year. 11

14 Municipal Gvernment Depending n its size and its histry, a lcal municipality may be called a city, a twn, r a twnship. They are als referred t as "lwer tier" municipalities when there is anther level f municipal gvernment like a cunty r regin invlved in prviding services t residents. The head f a lcal (lwer r single tier) municipal cuncil is either called the mayr r the reeve. The members f cuncil may be called cuncilrs r aldermen. The head f cuncil is always elected at large by all f the vters in the municipality. The way cuncilrs are elected differs frm municipality t municipality. Municipal cuncilrs may be elected at large r by ward. Where there is nly ne level f municipal gvernment in an area, it is called a single tier municipality. Reginal r Upper Tier Municipalities Smetimes it is legislated r mre efficient t prvide certain services ver an area that includes mre than ne lcal municipality. Fr this reasn, cunties (mainly in rural areas) r regins may be invlved in prviding services t residents and businesses. A cunty r reginal gvernment is a federatin f the lcal municipalities within its bundaries. Districts are like cunties r regins in that lcal municipalities are cntained within them, but they d nt serve any municipal gvernment purpse. Only a very few districts prvide services n a reginal-scale. The head f a cunty cuncil is called a Warden. The cunty cuncil is cmpsed f designated elected members frm the lwer tier municipalities. The cunty cuncil itself selects the warden frm amng its members. The head f a reginal cuncil is called a Reginal Chair. The chair is usually chsen by a vte f the members f reginal cuncil. Sme chairs, hwever, are directly elected. Other members f reginal cuncil are selected in varius ways. Sme are elected directly by the vters t sit n reginal cuncil. Sme are elected t sit n bth the reginal cuncil and the lcal municipal cuncil. In sme municipalities, members f lcal municipal cuncil are appinted by their cuncils t serve at the reginal level. The head f cuncil f a lcal municipality is a member f the reginal cuncil. Municipal gvernments are respnsible fr mst cmmunity affairs including related bards and cmmissins (schl bards, fr example). It prvides many f the services within their lcal bundaries which residents rely n every day: 12

15 airprts ambulance, plice, fire and Emergency Medical Services animal cntrl arts and culture by-law enfrcement child care ecnmic develpment electric utilities garbage cllectin and recycling library services lng-term care and husing fr senirs parks and recreatin planning new cmmunity develpments and enhancing existing neighburhds prperty assessment prvincial ffences administratin public health public transit snw remval, rad and sidewalk maintenance scial husing scial services tax cllectin water, sewage, strm sewers Municipal gvernments in the prvince f Ontari spend billins each year t prvide the public services that meet these imprtant needs f its residents. Municipal gvernments raise mst f the mney fr financing these services frm the prperty taxes paid by residents and businesses in the lcal area. Additinal funding cmes frm "user fees" r "nn-tax revenue" frm parking fines, fr example. Sme funding still cmes frm the prvincial gvernment. 13

16 First Natins / Band Cuncil Althugh Band Cuncils are nt ppularly recgnized as ne f the main levels f gvernment, Band Cuncils are recgnized as legitimate frms f gvernments t which bth the prvinces and the federal gvernment enter int cntracts and negtiatins. Chief and Cuncil varies acrss First Natin cmmunities in bth their vting plicies and terms in ffice. Generally, the Chief and Cuncil must be members f the First Natin that they are running fr ffice fr and are elected by ther band members frm that First Natin. Usually the persn with the mst vtes is elected Chief with everyne else elected as cuncilrs, althugh this des vary acrss different cmmunities. The Chief and Cuncil are respnsible fr allcating the funding and ther resurces negtiated with the gvernment (usually thrugh a treaty) fr the day t day peratins f the First Natin this usually includes educatin, husing, water and sewer etc. As each First Natin is unique, it is best t check with yur wn First Natin t find ut the exact prcess fr electins and what the Cuncil is then respnsible fr. 14

17 Passing Bills int Law Gvernment Bill Cmmittee Bill Private Bill Private Member Bill Creating laws and new plicies takes up a cnsiderable amunt f time f the Members f Parliament. Althugh any member f parliament can intrduce a bill, mst f the time is reserved fr bills intrduced by the Gvernment f the day (the party in pwer). When the Huse f Cmmns is sitting r in sessin, ne hur f each day is reserved fr the cnsideratin f any business spnsred by a private Member, that is, by any Member wh is nt part f the Cabinet. A Cabinet Minister r backbench Member prpsing a bill first mves fr the Huse s leave t intrduce it. This is given autmatically and withut debate r vte. Next cmes the mtin that the bill be read a first time and printed. This als is autmatic and withut debate r vte. On a later day cmes the mtin fr secnd reading. This is the stage at which Members debate the principle f the bill. If it passes secnd reading, it ges t a cmmittee f the Huse, usually a standing cmmittee. Each such cmmittee may hear witnesses, and cnsiders the bill, clause by clause, befre reprting it (with r withut amendments) back t the Huse. The size f these cmmittees varies frm parliament t parliament, but the parties are represented in prprtin t their strength in the Huse itself. Sme bills, such as apprpriatin bills (based n the Estimates), which seek t withdraw mney frm the Cnslidated Revenue Fund, are dealt with by the whle Huse acting as a cmmittee. 15

18 Cmmittees, sitting under less frmal rules than the Huse, examine bills clause by clause. Each clause has t be passed. Any member f the cmmittee can mve amendments. When all the clauses have been dealt with, the chairpersn reprts the bill t the Huse with any amendments that have been adpted. When a cmmittee has reprted the bill t the Huse, Members at this reprt stage may mve amendments t the varius clauses (usually, amendments they have nt had the pprtunity t prpse in cmmittee). When these have been passed, r rejected, the bill ges t third reading. If the mtin fr third reading carries, the bill ges t the Senate, where it ges thrugh much the same prcess. Bills initiated in the Senate and passed there cme t the Cmmns, and g thrugh the same stages as Cmmns bills. N bill can becme law (becme an Act) unless it has been passed in identical frm by bth Huses and has been assented t, in the Queen s name, by the Gvernr General r a deputy f the Gvernr General (usually a Supreme Curt judge). There are abut 20 standing cmmittees (Agriculture and Agri-fd, Canadian Heritage, Transprt, and s n) whse members are appinted at the beginning f each sessin r in September f each year, t versee the wrk f gvernment departments, t review particular areas f federal plicy, t exercise prcedural and administrative respnsibilities related t Parliament, t cnsider matters referred t them by the Huse, and t reprt their findings and prpsals t the Huse fr its cnsideratin. Every prvince has a legislative assembly that is very similar t the Huse f Cmmns and transacts its business in much the same way. All bills must g thrugh three readings and receive Ryal Assent by the Lieutenant-Gvernr. 16

19 Gvernment Bill In a Westminster-style parliament such as Ontari s, mst significant legislatin and (nrmally) any that specifically directs the expenditure f public mnies, is intrduced as a Gvernment Bill. In this system, the Cabinet is a cllective executive, and althugh a Gvernment Bill is typically intrduced t the Huse by a Minister (usually f the department mst affected by the Bill), this is n behalf f the Cabinet, whse full supprt stands behind the Bill. This is why the defeat f Gvernment Bills has brader implicatins, such as the pssible withdrawal f cnfidence in the gvernment. It is als why any Minister unable publicly t supprt a Gvernment Bill is expected t resign frm Cabinet. It was in part t ensure the passage f Gvernment Bills that strng party discipline evlved in parliamentary systems, and in tday s legislature, a Gvernment Bill is expected t have the full supprt nt nly f the Cabinet, but als (with minr exceptins) f the entire caucus f the gverning party(ies). This has at least tw significant effects. One is that under cnditins f majrity gvernment it is extremely unlikely that a Gvernment Bill will be defeated. It may be delayed, r held up in cmmittee, r be pushed aside n the legislative timetable by mre pressing bills, r die n the Order Paper when the Huse prrgues r is disslved, but it is unlikely t suffer actual defeat in the chamber. Anther cnsequence is that Gvernment Bills, unlike private bills r private Members bills, are the end-prduct f prcesses f cnsensus-building: within Cabinet, between Cabinet and caucus, and between senir administratrs and plitical advisrs. These all take place in the pre-legislative stages, ut f public view, and it is in these stages where the fate f a legislative prpsal is still very much up in the air. Once a Gvernment Bill is intrduced t the legislature, it is the gvernment s expectatin that barring ppsitin stalling, shifting gvernment pririties, r unfreseen circumstances, the Bill will pass, and the gvernment will bring its cnsiderable resurces t bear n making sure this happens. Gvernment Administratrs Special Interest Grups Party Plicy IDEA Minister s Initiative Ryal Cmmissins Advisry Bdies 17

20 First Reading Bill is intrduced in the Huse and given First Reading and put n the agenda (Orders and Ntices Paper) f the Assembly Minister may make statement r explanatin f purpses f Bill First Reading is decided withut amendment t the text f the Bill and withut debate Cmpendium f backgrund infrmatin is supplied t Oppsitin Parties Bill is printed and distributed Secnd Reading debate n principle f the Bill Minister may make a speech t pen debate each Member may make ne speech nly Minister may make clsing speech n amendments t text f Bill at this stage after debate cncludes, Speaker puts questin n the mtin fr Secnd Reading if Bill is given Secnd Reading, it may, by unanimus cnsent, be rdered fr Third Reading therwise, Bill is referred t Cmmittee f the Whle Huse r a Standing r Select Cmmittee as designated by the Minister r Parliamentary Assistant if 8 r mre Members require that the Bill be referred t a Standing r Select Cmmittee, the Minister designates the Cmmittee Order fr Secnd Reading Discharged and Bill Referred T Standing Cmmittee befre Secnd Reading debate begins, Bill may be rdered referred t a Standing Cmmittee fr review and/r hearings as the principle f the Bill has nt yet been adpted, the Cmmittee's cnsideratin may be wide ranging when the Bill is reprted t the Huse it is rdered fr Secnd Reading 18

21 Select r Standing Cmmittee purpse is t cmment n, ask questins abut and/r prpse amendments t varius sectins f the Bill prceedings are less frmal than in Huse and members may speak mre than nce Cmmittee may invite individuals, grups and Ministry fficials t cmment n the Bill in writing r in persn befre the Cmmittee Cmmittee may travel t varius lcatins in the prvince t receive public cmment r t view a situatin first hand fllwing public submissins, Bill is cnsidered clause by clause. Each clause f the Bill may be cnsidered, amended r deleted, and new clauses may be added Bill is reprted back t Huse after cmpletin f clause-by-clause cnsideratin if amendments have been made, Bill is reprinted when Cmmittee reprts Bill t the Huse, Bill is rdered fr Third Reading unless Minister r Parliamentary Assistant directs that it be referred t Cmmittee f the Whle Huse Cmmittee f the Whle Huse purpse is t cmment n, ask questins abut and/r prpse amendments t varius sectins f Bill prceedings are cnducted in the Legislative Chamber but are less frmal than under Huse rules and members may speak mre than nce. All Members f the Assembly are members f Cmmittee f the Whle Huse Bill is cnsidered clause by clause. Each clause f the Bill may be cnsidered, amended r deleted, and new clauses may be added individuals and grups cannt participate in the prceedings Ministry fficials may sit n the flr f the Chamber t prvide advice t Minister if amendments have been made, Bill is reprinted when Cmmittee f the Whle Huse reprts Bill t Huse, Bill is rdered fr Third Reading Third Reading debate is mre restricted than at Secnd Reading and is limited t the cntents f the Bill n amendments t text f the Bill may be mved at this stage after debate cncludes, Speaker puts questin n the mtin fr Third Reading 19

22 Ryal Assent Bill is presented t the Lieutenant Gvernr fr assent Lieutenant Gvernr assents t Bill in the Queen's name (the pwer f the Lieutenant Gvernr t withhld assent r reserve assent has fallen int disuse) when Bill is given Ryal Assent it becmes an Act and is given a statute number and is reprinted statute is in frce: upn Ryal Assent, r In Frce when it is prclaimed by the Lieutenant Gvernr (by and with the advice f the Executive Cuncil f Ontari), r n a day specified in the Act different sectins may cme int frce at different times 20

23 Private Bill Unlike Public Bills, which pertain t matters f public plicy and are initiated by Cabinet Ministers r private members, Private Bills pertain t special pwers r exemptins frm the general law and riginate with the municipality, cmpany r individual which seeks the special pwer r exemptin. Althugh the Standing Orders f the Legislative Assembly state that any persn, grup, r crpratin may apply fr a Private Bill, the Bill must be intrduced in the Legislative Assembly by a Private Member (i.e., a Member wh is nt a Cabinet Minister). Usually, the applicant asks his r her Member t intrduce the Bill, r, in the case f a crpratin, the Member fr the riding in which the head ffice is lcated. individual, grup r crpratin desires special pwer r exemptin frm the general law Drafting f Bill Publicatin f Ntice Bill is drafted by applicant Office f Legislative Cunsel will prvide assistance in drafting and revisin f Bill Legislative Cunsel circulates draft Bill t apprpriate Ministries fr cmment applicant publishes Ntice f Applicatin nce a week fr 4 weeks in: 1. Ontari Gazette and 2. at least ne newspaper circulated in area mst affected by Bill ntice must state that interested parties wh wish t make submissins shuld ntify the Clerk f the Legislative Assembly in writing Applicatin Applicant applies fr Private Bill by filing with the Clerk f the Legislative Assembly: 1) cpy f draft Bill; (Legislative Cunsel will review and cmment n Bill) 2) $ fee; (Applicant is als billed later fr printing csts) 3) declaratin prving publicatin f Ntice in Ontari Gazette and newspaper(s) lthugh nt required upn filing Applicatin, applicant must give Clerk the fllwing when Bill is ready fr presentatin fr Intrductin and First Reading: a) cmpendium f backgrund infrmatin b) name f Private Member wh is t intrduce Bill 21

24 Standing Cmmittee n the Legislative Assembly if the Clerk is f the pinin that applicant fr Private Bill has nt cmplied with Standing Orders, applicatin is referred t Standing Cmmittee n the Legislative Assembly befre First Reading First Reading if applicant has cmplied with Standing Orders, Bill may be intrduced and given First Reading Standing Cmmittee n Regulatins and Private Bills after First Reading, Bill stands referred t Standing Cmmittee n Regulatins and Private Bills in certain cases specified in the Standing Orders, Bill is referred t Ontari Municipal Bard r Cmmissiners f Estate Bills befre being referred t Standing Cmmittee n Regulatins and Private Bills Standing Cmmittee n Regulatins and Private Bills may meet and deal with Bill after giving 5 days ntice f hearing Member, applicant r applicant s cunsel, and anyne wh has infrmed Clerk f the Legislative Assembly f wish t attend, may address the Cmmittee if amended, Bill is reprinted Cmmittee may reprt Bill back t the Huse if reprted, Bill is placed n the Orders and Ntices Paper fr Secnd Reading Secnd Reading there may be debate n mtin fr Secnd Reading, but this is unusual Private Bills are usually given Third Reading immediately after Secnd Reading in exceptinal cases, Huse may rder that Bill be referred t Cmmittee f the Whle Huse r defer Third Reading debate t a later date 22

25 Third Reading Cmmittee f the Whle Huse there may be debate n mtin fr Third Reading, but this is unusual purpse is t cmment n, ask questins abut and/r prpse amendments t varius sectins f Bill if Bill is given Third Reading, it then awaits presentatin t the Lieutenant Gvernr fr assent in the Queen s name prceedings are cnducted in the Legislative Chamber but are less frmal than under Huse rules and members may speak mre than nce. All Members f the Legislature are members f Cmmittee f the Whle Huse Bill is cnsidered clause by clause. Each clause f the Bill may be cnsidered, amended r deleted, and new clauses may be added individuals and grups cannt participate in the prceedings Ryal Assent Bill is presented t the Lieutenant Gvernr fr assent if amendments have been made, Bill is reprinted when Cmmittee f the Whle Huse reprts Bill t Huse, Bill is rdered fr Third Reading Lieutenant Gvernr assents t Bill in the Queen s name (the pwer f the Lieutenant Gvernr t withhld assent r reserve assent has fallen int disuse) when Bill is given Ryal Assent it becmes an Act and is given a statute number (in the frm Pr1, Pr2, etc.) and is reprinted statute is in frce: In Frce a) upn Ryal Assent, r b) n a day specified in the Act different sectins may cme int frce at different times 23

26 Private Members Bill Any Private Member (i.e., a Member wh is nt the Speaker r a Cabinet Minister) may intrduce a Private Member s Public Bill. A Private Member s Public Bill may pertain t any tpic within prvincial jurisdictin, but, accrding t the Standing Orders f the Legislative Assembly, the Legislative Assembly Act, and the Cnstitutin Act, 1867, the bill may nt impse a tax r specifically direct the allcatin f public funds. A Private Member s Public Bill is intrduced and given First Reading during Rutine Prceedings. Secnd Reading debate nrmally is cnducted during the time set aside under the Standing Orders n Thursday mrnings fr Private Members Public Business, including Bills and Reslutins. Private Members Public Bills d nt ften receive Third Reading and Ryal Assent, i.e., becme law. Hwever, they enable private members t bring matters that cncern them, their cnstituency r their party t the attentin f the Huse, the Ministries, the media and the public, and they may have a significant impact n future gvernment plicy. Member cnceives idea fr Private Member s Public Bill Member may receive input frm his r her Party, cnstituents, lbby grups, and ther surces Drafting f Bill Ballt all Private Members Public Bills must be drafted in French and English Member submits his r her name t Clerk f the Legislative Assembly the Office f Legislative Cunsel ( ) is available t assist the Member with the drafting befre r at the beginning f each Sessin, the Clerk cnducts a ballt t establish rder f precedence fr Private Members Public Business 24

27 Caucus Ntice Bill is usually discussed in caucus decisins may be made in caucus n which Members will speak n the Bill and what pints will be cvered Member gives Clerk f the Legislative Assembly at least 2 weeks ntice f the Bill he r she wishes t have debated ntice is published in the Orders and Ntices Paper First Reading if Bill is a ballt item fr debate during the time set aside fr Private Members Public Business, Member intrduces Bill with at least 14 clear calendar days between the time ntice is published in the Orders and Ntices Paper and the day n which Bill is debated if Bill is nt intended t be cnsidered during the time set aside fr Private Members Public Business, there is n restrictin n when it may be intrduced and given First Reading Secnd Reading Debate during the time alltted t cnsideratin f Private Members Public Business (i.e. Thursday mrnings), the time fr debate n a Bill is: 1) 10 minutes fr the Member wh mves Secnd Reading 2) 15 minutes per party fr 1 r mre representatives frm each f the recgnized parties in the Huse. (Mver f Mtin may speak again as a party representative) 3) up t 5 minutes fr an independent member 4) 2 minutes fr a reply by the Member mving Secnd Reading debate may nt be adjurned mtin fr Secnd Reading may nt be amended 25

28 Secnd Reading Speaker puts the questin n the mtin fr Secnd Reading t the Huse a Private Member s Public Bill which is given Secnd Reading is autmatically referred t the Cmmittee f the Whle Huse unless a majrity f the Members in the Huse at the time agree t the request f a Member that the Bill be referred t a Standing r Select Cmmittee in exceptinal cases the Bill may, by unanimus cnsent, be rdered fr Third Reading after it has received Secnd Reading Standing r Select Cmmittee a majrity f the Huse may refer Bill t a Standing r Select Cmmittee purpse is t cmment n, ask questins abut and/r prpse amendments t varius sectins f Bill prceedings are less frmal than in Huse and members may speak mre than nce Cmmittee may invite individuals, grups and Ministry fficials t cmment n the Bill in writing r in persn befre the Cmmittee Cmmittee may travel t varius lcatins in the prvince t receive public cmment r t view a situatin first hand fllwing public submissins, Bill is cnsidered clause by clause. Each clause f the Bill may be cnsidered, amended r deleted, and new clauses may be added Bill is reprted back t Huse after cmpletin f clause-by-clause cnsideratin if amendments have been made, Bill is reprinted when Cmmittee reprts Bill t Huse, Bill is rdered fr Third Reading unless Minister r Parliamentary Assistant directs that it be referred t Cmmittee f the Whle Huse 26

29 Cmmittee f the Whle Huse purpse is t cmment n, ask questins abut and/r prpse amendments t varius sectins f Bill prceedings are cnducted in the Legislative Chamber but are less frmal than under Huse rules and Members may speak mre than nce. All members f the Legislature are members f Cmmittee f the Whle Huse individuals and grups cannt participate in the prceedings Bill is cnsidered clause by clause. Each clause f the Bill may be cnsidered, amended r deleted, and new clauses may be added if amendments have been made, Bill is reprinted when Cmmittee f the Whle Huse reprts Bill t Huse, Bill is rdered fr Third Reading Third Reading there may be debate n mtin fr Third Reading, but this is nt cmmn if Bill is given Third Reading, it then awaits presentatin t the Lieutenant Gvernr fr assent in the Queen s name 27

30 Ryal Assent Bill is presented t the Lieutenant Gvernr fr assent Lieutenant Gvernr assents t Bill in the Queen s name (the pwer f the Lieutenant Gvernr t withhld assent r reserve assent has fallen int disuse) when Bill is given Ryal Assent, it becmes an Act and is given a statute number and is reprinted statute is in frce: In Frce a) upn Ryal Assent, r b) n a day specified in the Act different sectins may cme int frce at different times 28

31 Cmmittee Bill Befre 1999, tw kinds f public bills culd be intrduced in the Legislative Assembly f Ontari: gvernment bills and private members' public bills. As part f an extensive package f amendments made t the Standing Orders n Octber 27, 1999, Standing Order 124 was changed t prvide fr a third kind f public bill: cmmittee bills. Accrding t Standing Order 124, a cmmittee bill riginates in the Standing Cmmittee n General Gvernment r the Standing Cmmittee n Justice and Scial Plicy. (In June 2004, the Standing Cmmittee n Justice and Scial Plicy was divided, fr the rest f the 38th Parliament, int tw cmmittees: the Standing Cmmittee n Justice Plicy and the Standing Cmmittee n Scial Plicy). Befre Octber 1999, Standing Order 124 allwed several plicy field cmmittees, therwise dependent n matters referred t them frm the Huse, t cnsider issues f their wn chsing. As amended in Octber 1999, the Standing Order specifies the cmmittees nted abve, and requires that at least tw-thirds f the members f the cmmittee supprt the prpsal t cnsider a particular issue. It als allws the cmmittee, by a simple majrity, t adpt the text f a draft bill n the tpic. The chair f the cmmittee, as the primary spnsr, intrduces the bill in the Legislature. The ther cmmittee members wh supprt the bill may have their names printed n the bill as secndary spnsrs. Once tabled, a cmmittee bill is generally treated as a private member's public bill. Secnd reading debate, hwever, is nt limited t the Thursday mrnings alltted t private members' public business, but rather takes place at a time r times agreed t by the huse leaders f the recgnized parties. As f March 28, 2005, three cmmittee bills have been tabled in the Ontari Legislature. 29

32 Natinal Abriginal Organizatins (NAOs) Native Wmen s Assciatin f Canada The Native Wmen's Assciatin f Canada (NWAC) is funded n the cllective gal t enhance, prmte, and fster the scial, ecnmic, cultural and plitical well-being f First Natins and Métis wmen within First Natin, Métis and Canadian scieties. NWAC is an aggregate f thirteen Native wmen's rganizatins frm acrss Canada and was incrprated as a nn-prfit rganizatin in Much like a "Grandmther's Ldge", we as aunties, mthers, sisters, brthers and relatives cllectively recgnize, respect, prmte, defend and enhance ur Native ancestral laws, spiritual beliefs, language and traditins given t us by the Creatr. Métis Natinal Cuncil Since 1983, the Métis Natinal Cuncil (MNC) has represented the Métis Natin natinally and internatinally. It receives its mandate and directin frm the demcratically elected leadership f the Métis Natin's gvernments frm Ontari westward. Specifically, the MNC reflects and mves frward n the desires and aspiratins f these Métis gvernments at a natinal and internatinal level. Overall, the MNC's central gal is t secure a healthy space fr the Métis Natin's n-ging existence within the Canadian federatin. Inuit Tapiriit Kanatami Cngress f Inuit Tapiriit Kanatami, frmerly Inuit Tapirisat f Canada, is the natinal vice f Canada's Inuit. Funded in 1971, the rganizatin represents and prmtes the interests f Inuit. In its histry, ITK has been effective and successful at advancing Inuit interests by frging cnstructive and c-perative relatinships with different levels f gvernment in Canada, ntably in the area f cmprehensive land claim settlements, and representing Inuit during the cnstitutinal talks f the 1980s. Cngress f Abriginal Peples The Cngress f Abriginal Peples, (CAP), is the natinal vice f ff-reserve Abriginal peple thrughut Canada. CAP is a grassrts-driven, natinal vice fr cmmunities, advcating fr the rights and interests f ff-reserve and nn-status Indians and Métis peple, living in urban, rural and remte areas f Canada. The Cngress is at the leading edge f issues and pprtunities that impact Abriginal peples acrss Canada. 30

33 Assembly f First Natins The Assembly f First Natins (AFN) is the natinal representative rganizatin f the First Natins in Canada. There are ver 630 First Natin's cmmunities in Canada. The AFN Secretariat, is designed t present the views f the varius First Natins thrugh their leaders in areas such as: Abriginal and Treaty Rights, Ecnmic Develpment, Educatin, Languages and Literacy, Health, Husing, Scial Develpment, Justice, Taxatin, Land Claims, Envirnment, and a whle array f issues that are f cmmn cncern which arise frm time t time. 31

34 Cnclusin This plitical science manual and accmpany wrkshp is geared twards Abriginal wmen lking fr additinal resurces t supplement their existing knwledge in the business and plitical wrld. It is the hpe f the Ontari Native Wmen s Assciatin s Building Abriginal Wmen s Leadership prgram that participants will find these resurce materials useful and helpful as they begin t acquire leadership rles in their cmmunities. The Ontari Native Wmen s Assciatin is cmmitted t inspiring and assisting Abriginal wmen, where ever they live in any capacity, s that ur cmmunities will be healthy and cntinue t flurish. 32

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