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GMGT: 3300 Comm Law Midterm > Canada and Federalism > Flashcards

Canada and Federalism Flashcards

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1
Q

How is power distributed in a federal government?

A

between a central authority (national/federal authority) and several regional authorities (province or states)

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1
Q

Federal Principle

A

Divide powers so central and regional governments are each within a sphere coordinate and independent

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2
Q

What does it mean to be truly federal with the two authorities of provincial and federal?

A

authorities are coordinate, neither is legally subordinate to the other

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3
Q

What is a Unitary State government?

A

Government power is vested into one national authority, there are municipal governments (localities) but they are legally subordinate to national authority

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4
Q

What is a federal state government and

how is this seen in Manitoba with laws we have?

A

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

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5
Q

Doctrine of Paramouncy

A

federal law prevails, but regional authorities are not legally subordinate

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6
Q

1st Federal Corollaries
1. final arbitrator and how does Canada Violate this?

A
  1. 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)

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7
Q

2nd Federal Corollaries

A

constitutional amendments in areas related to division of power is required, which neither government can control

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8
Q

What are some reasons for Canada being a Federal Country (5)

A
  1. Subject to the laws of 2 authorities and jurisdictions assigned to both
  2. Statutes are entrenched
  3. Existence of amending formula
  4. Colonies are federally united
  5. Judicial Decisions consolidated federal realities
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9
Q

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?

A

Provincial: Property Rights, Health Care, Education
Federal: Taxes, Post Office, Military Service, Weights/Measures

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10
Q

Notwithstanding Clause and Federal/Provincial Legislation

A

legislature can exclude themselves from effect of judges, appointed federally, using Charter to trespass on provincial jurisdiction

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11
Q

Reasons for Canada being a Federal Country:
2. Statutes are entrenched

Examples (2-4)

A

BNA Act 1867, Constitution Act 1982, Charter of Rights, Statutes creating provinces

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12
Q

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?

A

requires provincial participation and division of power as in 1982, originally argued the Federal government could do it alone

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13
Q

Reasons for Canada being a Federal Country:
5. Judicial Decisions consolidated federal realities

What were the two cases?

A
  1. Hodge V The Queen
  2. Maritime Bank Case
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14
Q

What was the Hodge V The Queen Ratio?

A

Provinces are not delegates of federal parliament, provincial legislatures are in their own spheres supreme

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15
Q

What was the Maritime Bank Case Ratio

A

Lieutenant Governor is not merely a federal official but rather the lieutenant governor processed all prerogative powers of the crown

16
Q

Is Canada a Federal Country ? (Hint: QF)

A

Canadian Constitution is Quasi Federal in law and predominantly federal in practice. We are not Federal but we act Federal

17
Q

What does Cheffin’s say about Canada not being Federal based on the constitutional theory with respect to central authority power

A

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.

18
Q

What are some reasons for Canada NOT being a Federal Country (5-7)

A
  1. Power of Disallowance
  2. Federal Government given power to appoint lieutenant governor of each province
  3. provinces are denied ability to alter the office of lieutenant governor
  4. Power of Reservation
  5. Federal government has power to appoint judges to superior court, and create Final appellate court
  6. Remedy Legislation by federal government in the event roman catholics and protestants are deprived of their traditional right to religious education
  7. Charter of Rights
19
Q

Reasons for Canada NOT being a Federal Country:
1. Power of Disallowance

A

Federal government is given power to disallow any act passed by a provincial legislature (veto to power)

20
Q

Reasons for Canada NOT being a Federal Country:
3. Power of Reservation

A

lieutenant governor can withhold provincial bills for the consideration of governor in council in Ottawa. I.e send straight to parliament

21
Q

Reasons for Canada NOT being a Federal Country:
Declaratory Power

A

Bring local works within federal jurisdiction by declaring “for the general advantage of Canada” basically remove economic power from province

22
Q

what is the Doctrine of Desuetude

A

causes statutes, similar legislation, or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time

23
Q

Reasons for Canada NOT being a Federal Country:
7. Charter of Rights

A

judiciary has power, federal appoints judges vent and give provincial laws no-value if they don’t meet charter

24
Q

Why Does Canada Have the Style of Federalism that it has? (4 main reasons related to history)

A
  • Constitution 1867 reflects values of individual that created it at the time
  • Threat from US Invasion
  • Economic Reason, need for larger domestic market
  • Existence of common history and traditions, growth of nationalism on international scale
25
Q

Why Does Canada Have the Style of Federalism that it has? (Newer forces at work x3)

A
  • British colonies developed distinct political and economic existence, did not want to submerge in larger unit
  • French Canadians worried that a larger union without federal structure would result in homogenization
  • Sheer size of the composed country
26
Q

which colonies wanted to preserve remoteness from central Canada, local authority and government

A

maritimes

27
Q

which province has always sided with a strong central government, strong political values and ensured legal weapons were provided

A

Ontario

28
Q

Why is Ontario a central metropolitan centre

A

they wanted to dominate the county and control provinces legal and economic interests

GMGT: 3300 Comm Law Midterm (10 decks)

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