Cabinet-dominated government occurs when the executive branch has a lot of power over the happenings in government. This usually occurs when the Prime Minister and his/her party has a large majority, when there is a “knowledge” gap in the House of Commons or it depends on the availability to the prime minister of non-bureaucratic advice. The electoral process also has an influence on the amount of power the Cabinet can hold over the legislative assembly.
Supremacy of Parliament was one of the main characteristics of the British constitution applicable to Canada. Parliament was deemed to have sovereign and uncontrollable authority in the making, amending and repealing of laws. Parliament was the place where absolute legislative power resided. Before 1982, one could always be certain that the legislative bodies of Canada could adopt laws, even of the most oppressive nature; as long as they acted within their fields of jurisdiction and that they did not invade the jurisdiction of the other level of government, the executive branch (the Cabinet).
But with the Constitutional Act in 1982, Canada diverted from a strict regime of Supremacy of Parliament. By including a Charter of Rights and Freedoms in the Constitutional Act, Canada appeared to end Supremacy of Parliament. The Charter is clear on this point: it is stated in s. 32 (1) that it applies, or binds, the federal Parliament and the legislatures of the provinces. Thus, legislation not conforming to the Charter is unconstitutional. Supremacy has been shifted, or so it would appear, from Parliament to the Constitution.
In Canada’s history, the supremacy of Parliament was more at front than was Cabinet-dominated government. But since 1982, the two have switched roles and Cabinet dominated politics have become mainstream. There are many issues surrounding this change. Because the Prime Minister chooses the members of the Cabinet, the general public might think that he will choose those who are like-minded and because of this, different points of view or different ideas will not have a chance to be expressed. This could also lead to a very elitist Cabinet. Also, most of the political power will rest on the shoulders of the members of Cabinet and not necessarily in Parliament. Citizens also fear a government that avoids the legislature and attempts to govern without being held accountable for their actions, reducing their transparency.
