Chapter 12: Federalism

Question 1

Chapter 12 Summary

Answer 1

• federalism as a system in which neither level of government is subordinate to the other
• the provinces have become more powerful: (mis)interpretation of division of powers, increase in provincial financial resources, federal gov. no longer uses its means to control provinces
• despite the division of powers, two levels of government are intertwined

Question 2

Federalism

Answer 2

A system of government with two levels of authority - federal & provincial - and a division of power between them

Question 3

Confederation Settlement

Answer 3

A deal made among the Fathers of Confederation that set up a new federal system of government with division of powers

1. Division of powers between federal & provincial
2. Division of financial resources
3. Federal controls over provinces
4. Provincial representation in central institutions
5. Cultural guarantees

Question 4

Macdonald’s intention vs. reality

Answer 4

• Macdonald originally wanted centralized state
• Federal powers waned
• Power of Reservation: once a law has been approved by province, the federal gov. can get the GG to override the province
• Diallowance: Parliament stops a provincial law
• Declaratory Power: federal government can decide to take over prov. responsibilities. Not been used since the 60s

Question 5

The JCPC and the federal government

Answer 5

• Before 1949, the Judicial Committee of the Privy Council was Canada’s final court of appeal
• its decisions had an impact on Canadian federalism
• ruled in favour of provinces
• JCPC decisions was in harmony with regional pluralism and the diversified nature of Canadian society
• broad interpretation of property and civil rights

Question 6

Finances

Answer 6

• Taxation agreements: each province has the right to raise taxes for provincial purposes
• Block Grants: grants given by the federal government for the province to spend on
• Equalization payments: federal gov. distributes money based on need

Question 7

Block Grants

Answer 7

• Provinces get money in things the government wants the provinces to spend money on (eg. health care, roads)
• Federal government attached conditions to spending to establish national standards
• Pearson government allowed the provinces to opt out of certain conditional grant programs and continue to receive funding as long as they maintain an equivalent program