Chapter 3 - Federalism Flashcards
Why did we choose federalism?
- The US army was very mobilized because of the civil war and could have easily invaded Canada again.
- Great desire for economic integration.
- There was deadlock in the United Canadian Legislature, having many provinces would help with that.
In sum, military and economic reasons we wanted centralization, for political and domestic reasons we wanted some decentralization.
Who favoured and who opposed a federal system?
FIND OUT
The logic behind the division of powers
Matters of common, pan-Canadian interest are reserved for the federal government, while matters of a more local or regionally sensitive nature fall under provincial jurisdiction.
Are the divisions/our federalism still good today?
Yes, because:
Our system must be flexible to account for different political cultures. We can also use provinces as social experiments. We can have healthy competition between provinces. Also, the feds are not as weak as centralists say, they have the vertical fiscal imbalance.
No, because:
1867 couldn’t account for our massive welfare state. Also, provincial governments are often not held to account because no media attention. They always want more power. Federalism has allowed for special treatment, and fights over equalization.
What are the major factors that led to the shifts from centralization to decentralization and vice versa?
To centralization: BNA Act
To decentralize: Provincial Rights Movement.
To Centralize: WWI, Great Depression, Rowell-Sirois Commission
To Decentralize: Quiet Revolution, PQ Elected/Referendums, Patriation, Council of the Federation
Main Features of the System of Fiscal Federalism
- Gaps in the system
- Horizontal Fiscal Gap
- Vertical Fiscal Gaps - Addressing Imbalances
- Horizontal Fiscal Gaps
- Vertical Fiscal Imbalance
Horizontal Fiscal Gap vs
Horizontal Fiscal Imbalance
Gap: When one province may earn more revenues that another.
Imbalance: When some provinces have a better ability to finance their constitutional obligations.
Vertical Fiscal Gap vs
Vertical Fiscal Imbalance
Gap: A revenue disparity between the federal and provincial orders of government.
Imbalance: The federal government has an excess of revenue, and the provinces an excess of responsibilities with respect to their constitutional obligations and fiscal capacities.
Equalization (Horizontal transfer)
A federal transfer program that is designed to lessen the fiscal disparities among provinces.
Canada Health Transfer (Vertical Transfer)
Money from the feds for healthcare.
Canada Social Transfer
Money from the feds for social services.
Divided Crown
A monarchy whose sovereignty is split among different orders of government.
5 Things that shows Fathers of Confederation wanted centralization
- Reservation (can stop provincial legislation, or cause delay)
- Disallowance (feds can terminate provincial law)
- Peace, Order, Good Government (Allows feds to determine national interests)
5 Things that shows Fathers of Confederation wanted centralization
- Reservation (can stop provincial legislation, or cause delay)
- Disallowance (feds can terminate provincial law)
- Peace, Order, Good Government (Allows feds to determine national interests)
- Declaratory Power (Feds decide is something is within its jurisdiction)
- Residual Powers (things not listed are under feds authority)
Major Models of Federalism
- Classical
- Cooperative
- Collaborative
- Emergency
- Symmetrical
- Asymmetrical
- Treaty