Canadian Federalism Flashcards
What is federalism?
A form of government in which sovereignty is formally divided between the national government and a sub-national level of government. In Canada, these are the federal government and the provincial government.
Define sovereignty.
Sovereignty may be thought of as supreme law-making authority.
What is a unitary government?
In a unitary government all sovereign power is held by the national government. Most states in the world today have a unitary government.
Which aspects of federalism have caused the most controversy and political conflict?
The problem of uncertainty in matters of government concern not clearly assigned to one level of government in the Constitution, the high degree of functional overlap between separate areas of provincial and federal responsibility, and the debate on the status of the provinces, arising from different views of federalism.
What are the two views of federalism?
The symmetrical view of federalism says that all provinces should have equal status. The a-symmetrical view of federalism says that not all provinces are equal.
How is jurisdictional uncertainty dealt with in Canada?
In many cases, it has caused the federal and provincial governments to work closely together, exercising their powers in a collaborative way when possible. This is a prominent feature of Canadian federalism. In other cases it is necessary to have an umpire to formally judge the dispute. In Canada this role has fallen to the courts.
What is meant by judicial review?
Judicial review refers to the power of the courts to strike down laws they find to be unconstitutional.
What form of judicial review has been present since the beginning of the Confederation?
Before 1982, the courts only determined whether the correct level of government was occupying a particular field of jurisdiction.
What is a newer form of judicial review?
Since the addition of the Charter of Rights and Freedoms to the Constitution, the courts are now routinely called upon to decide if particular laws violate certain guarantees of the Charter. If so, the law is declared to be of no force and effect; off limits to any level of government.
What are some examples of laws that have been struck down by the courts?
The courts have struck down laws defining marriage in strictly heterosexual terms, Quebec’s French-only commercial sign law, and the federal ban on tobacco advertising.
Who appoints new judges of the Supreme Court of Canada (SCC)?
Only the Prime Minister has this right.
