Canada and Federalism Flashcards
How is power distributed in a federal government?
between a central authority (national/federal authority) and several regional authorities (province or states)
Federal Principle
Divide powers so central and regional governments are each within a sphere coordinate and independent
What does it mean to be truly federal with the two authorities of provincial and federal?
authorities are coordinate, neither is legally subordinate to the other
What is a Unitary State government?
Government power is vested into one national authority, there are municipal governments (localities) but they are legally subordinate to national authority
What is a federal state government and
how is this seen in Manitoba with laws we have?
Legal guarantee of a legal autonomy to each regional authorities with respect to their jurisdiction, however dispirit in size and wealth, justifies their description as coordinate with central authority
In Manitoba we must follow laws of provincial and federal government, etc GST and PST T
Doctrine of Paramouncy
federal law prevails, but regional authorities are not legally subordinate
1st Federal Corollaries
1. final arbitrator and how does Canada Violate this?
- To be truly federal, final arbitrator of constitution is required which neither level of government alone can control or appoint.
Canada violates as supreme court is final arbitrator and prime minister is appointed (only federal control)
2nd Federal Corollaries
constitutional amendments in areas related to division of power is required, which neither government can control
What are some reasons for Canada being a Federal Country (5)
- Subject to the laws of 2 authorities and jurisdictions assigned to both
- Statutes are entrenched
- Existence of amending formula
- Colonies are federally united
- Judicial Decisions consolidated federal realities
Reasons for Canada being a Federal Country:
1. Subject to the laws of 2 authorities and jurisdictions assigned to both
what are provincial legislation of jurisdiction?
what are federal legislation of jurisdiction?
Provincial: Property Rights, Health Care, Education
Federal: Taxes, Post Office, Military Service, Weights/Measures
Notwithstanding Clause and Federal/Provincial Legislation
legislature can exclude themselves from effect of judges, appointed federally, using Charter to trespass on provincial jurisdiction
Reasons for Canada being a Federal Country:
2. Statutes are entrenched
Examples (2-4)
BNA Act 1867, Constitution Act 1982, Charter of Rights, Statutes creating provinces
Reasons for Canada being a Federal Country:
3. Existence of amending formula
what does it require from the authorities and what was argued in 1982 before?
requires provincial participation and division of power as in 1982, originally argued the Federal government could do it alone
Reasons for Canada being a Federal Country:
5. Judicial Decisions consolidated federal realities
What were the two cases?
- Hodge V The Queen
- Maritime Bank Case
What was the Hodge V The Queen Ratio?
Provinces are not delegates of federal parliament, provincial legislatures are in their own spheres supreme
What was the Maritime Bank Case Ratio
Lieutenant Governor is not merely a federal official but rather the lieutenant governor processed all prerogative powers of the crown
Is Canada a Federal Country ? (Hint: QF)
Canadian Constitution is Quasi Federal in law and predominantly federal in practice. We are not Federal but we act Federal
What does Cheffin’s say about Canada not being Federal based on the constitutional theory with respect to central authority power
government is given enough powers to control autonomy of provincial governments and thus principle of “equal and coordinate status” is not sustained in Canada constitution.
What are some reasons for Canada NOT being a Federal Country (5-7)
- Power of Disallowance
- Federal Government given power to appoint lieutenant governor of each province
- provinces are denied ability to alter the office of lieutenant governor
- Power of Reservation
- Federal government has power to appoint judges to superior court, and create Final appellate court
- Remedy Legislation by federal government in the event roman catholics and protestants are deprived of their traditional right to religious education
- Charter of Rights
Reasons for Canada NOT being a Federal Country:
1. Power of Disallowance
Federal government is given power to disallow any act passed by a provincial legislature (veto to power)
Reasons for Canada NOT being a Federal Country:
3. Power of Reservation
lieutenant governor can withhold provincial bills for the consideration of governor in council in Ottawa. I.e send straight to parliament
Reasons for Canada NOT being a Federal Country:
Declaratory Power
Bring local works within federal jurisdiction by declaring “for the general advantage of Canada” basically remove economic power from province
what is the Doctrine of Desuetude
causes statutes, similar legislation, or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time
Reasons for Canada NOT being a Federal Country:
7. Charter of Rights
judiciary has power, federal appoints judges vent and give provincial laws no-value if they don’t meet charter
