Unit 2 Flashcards
Define The Act of Union:
The 1841 act of the British parliament that united the colonies of Upper and Lower Canada into a single political unit (Canada) and two administrative units (Canada East and Canada West). Representation in the new legislature was evenly divided between the predominately English-speaking Canada West and the predominately French-speaking Canada East, despite the fact that the majority of the population lived in Canada East.
Define British North America Act:
The act of the British parliament that united the colonies of British North America and outlined Canada’s federal form of government. In 1982 the ability to alter this document was “patriated” to Canada and the document was renamed The Constitution Act.
Define compact theory:
A historical interpretation of Confederation that sees federal union as the product of a contractual agreement among provincial governments, or among the two founding peoples. According to the compact theory of Confederation, constitutional change can only take place with the unanimous agreement of the original Confederation partners.
Define constitution:
A constitution is a document that contains “the rules of the political game.” Put more formally, it is the set of fundamental laws, customs, and conventions within which government is exercised in a state. Federalism requires a formal written constitution with the division of powers clearly spelled out in a single document.
Define constitutional convention (constituent assembly):
A constitutional convention is a meeting of delegates expressly selected to formulate a constitution, or to amend the existing one. In the summer of 1787 the Americans held such a meeting in order to draft a new constitution. This meeting was followed by a process of ratification by the states.
Define The Durham Report:
The Durham Report is named after its author, Lord Durham. In the aftermath of the rebellions of 1837 in Central Canada, Durham recommended the granting of responsible government, but he linked it to the political unification of Upper and Lower Canada. The intent of this action was to speed the assimilation of French Canadians into the English-Canadian population. The Durham Report was published in 1839 and laid the basis for the Act of Union of 1841.
Define The Great Coalition:
The Great Coalition was formed in the legislature of the United Canadas in 1864. The coalition brought into a single government the leaders of the three largest political parties—John A. Macdonald of the Conservatives, Georges-Etienne Cartier of the Parti Bleu, and George Brown of the Grits. The aim of the coalition was to end the political deadlock in Central Canada and create a new political entity encompassing all the British North American colonies.
Define Grits:
This is the popular name given to the progressive members of the Upper Canadian Reform Party (the forerunner of the present-day Liberal Party). The strength of this party lay with the so-called “agrarian radicals” of Southwestern Ontario. George Brown, one of the Fathers of Confederation, led most of the Grits (or Clear Grits as they were also called) into the Great Coalition of 1864.
Define legislative union:
This was Sir John A. Macdonald’s preferred system of government. Essentially, legislative union is another term for a unitary system of government, such as England and Scotland shared after 1707.
Define Parti Bleu:
This moderately conservative, church-supported party was led by George-Etienne Cartier. The Parti Bleu was the French-Canadian equivalent of the Conservative Party in Canada West and a frequent coalition partner with Sir John A. Macdonald. After Confederation, the Parti Bleu formally merged into Macdonald’s national Conservative Party.
Define Parti Rouge:
The Parti Rouge represented the more radical stream of political thought in French Canada. Its leader, A. A. Dorion, vigorously opposed the Confederation scheme of Macdonald and Cartier. After Confederation the Parti Rouge merged with the Clear Grits of Ontario to form the Liberal Party of Canada.
Define quasi-federal powers:
A group of special constitutional powers assigned to the federal government that allow it to modify, displace, or influence provincial jurisdiction through unilateral action.
Define Quebec Resolutions:
These were the product of the Quebec Conference of November 1864. This conference brought together the representatives of the Great Coalition, Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland for a formal discussion of the concept of federal union. The seventy-two Quebec Resolutions outlined in draft form the government system that was eventually embodied in the British North America Act.
Define reciprocal trade agreement or reciprocity:
The name given to the free trade agreement between the United States and the British North American colonies. This arrangement went into force in 1854 and was ended by the United States in 1866. The termination of the Reciprocity Treaty, coupled with British ending of imperial trading preferences, encouraged the Maritimes to look to Central Canada for new markets for their fish, lumber, and coal.
Define rep by pop:
The determination of representation in the legislature based on the size and distribution of the population.
Define responsible government:
The constitutional principle (associated with a British parliamentary system of government) that the executive should be elected and remain in office only as long as it can enjoy the support of the legislature.
Define concurrent powers:
Legislative responsibilities that are assigned by the constitution to both levels of government. In Canada’s case, immigration, agriculture, pensions, and the export of natural resources are designated matters of concurrent jurisdiction.
Define constitution:
A constitution is a document that contains the “rules of the political game.” Put more formally, it is the set of fundamental laws, customs, and conventions providing the framework within which government is exercised in a state. Federalism requires a formal written constitution with the division of powers clearly spelled out in a single document.
Define The Constitution Act:
Canada’s core constitutional document (known until 1982 as the British North America Act).
Define declaratory power:
This quasi-federal power allows the federal parliament to pass legislation declaring a local work to be “for the general advantage of Canada.” This power enables the federal government to regulate various physical entities in the national interest.
Define disallowance:
This quasi-federal power allows the federal cabinet to annul any piece of provincial legislation within one year of its passage. Disallowance was used frequently in the early years of Confederation, but has not been used since 1943.
Define enumerated powers:
An enumerated power (or heading) is an area of government authority assigned exclusively to one government, or the other, or both, by the constitution. The enumerated powers in the Canadian constitution can be found in Sections 91 through 95 of the Constitution Act.
Define externalities:
Externality is a word often used in the study of economics. Simply put, it means spill-over or overlap. Stevenson notes that the avoidance of externalities serves as one of the criteria that have determined the distribution of legislative powers in Canada. As a general rule, governments should not be given powers that easily allow them to affect the residents of other constituent units. In Canada’s case, the avoidance of externalities justifies federal control of matters that affect two or more provinces; for example, interprovincial transportation, money and banking, or interprovincial trade.
Define paramountcy:
The designation of which government takes precedence should federal and provincial laws conflict in concurrent areas of responsibility. In Canada, the federal government possesses paramountcy in the areas of immigration and agriculture, and in the export of natural resources. Provinces possess paramountcy in the administration of pensions.
Define reservation:
This constitutional provision allows the Lieutenant-Governor of any province to evade the responsibility for giving or refusing royal assent to provincial legislation by sending a provincial statute to the federal government for the latter to decide its fate. This quasi-federal power has not been invoked since 1961.
Define residual power:
The provision of the constitution assigning to the federal government all legislative matters not specifically mentioned in the enumerated headings.
What is the political significance of Confederation? (Commentary; Stevenson)
Confederation is the single most important political event in Canada’s history.
What other political events were happening throughout the world when Canadians first began to consider a federal union? (Stevenson)
Other countries were unifying (Italy, Germany, US). US Civil War ended in 1865.
How did the economies of the British North American colonies differ before Confederation? (Commentary)
Economic activity varied between the Maritime concentration on wood, wind, and water, and the merchant, manufacturing, and farming operations of Central Canada.
What evidence is there (if any) of the existence of a federal society before the establishment of a federal government in British North America? (Commentary)
Little, except a common British ancestry and British political institutions.
What political crisis confronted Central Canada in the late 1850s and early 1860s? (Stevenson)
Tensions between Upper and Lower Canadas
What political options were considered in an effort to alleviate the crisis that confronted Central Canada in the late 1850s and early 1860s? (Stevenson)
rep by pop federal union of 2 states complete separation double majority
Why were the members of the Great Coalition attracted to the concept of federal union and territorial expansion? (Stevenson)
Economic interests in Canada west wanted westward expansion for land, resources. Economic interests in Canada east wanted eastward expansion to balance out the west’s power.
What caused the Maritimes to consider the idea of political union with Central Canada? (Stevenson)
Americans ended reciprocity, so Maritimes needed western markets and federal protection of fisheries
Which economic interests endorsed the concept of political union? (Stevenson)
banking, manufacturing, rail
What did pro-union economic interests hope to gain from Confederation? (Stevenson)
increased land/resources and larger markets
What type of political arrangement was Sir John A. Macdonald’s first preference? (Commentary; Stevenson)
Legislative union (unitary government)
What caused Macdonald to alter his position? (Commentary; Stevenson)
Opposition from Quebec, New Brunswick, and Nova Scotia
What did the Maritime region gain from Confederation? (Commentary; Stevenson)
Economic benefits: debt transferred to federal government, construction of railway linking them to central markets, regional representation in the Senate.
What did the French-Canadian population gain from Confederation? (Commentary)
Provincial government and constitutional authority over areas most closely linked to culture, protection for religious schools
Who opposed the Confederation settlement? What formed the basis of this opposition? (Stevenson)
grits in Canada West, francophone nationalists in Canada East, business interests in Maritimes
According to the 1867 constitution, what was to be the position of the federal government and what was to be the position of the provinces in the Canadian federation? (Stevenson)
The provinces would be subordinate to the federal government
How did the 1876 constitutional arrangement conform to the standard definition of a federal system of government? (Stevenson)
The provinces were very weak relative to the federal government, making it look more like a unitary government.
What are the quasi-federal powers held by the federal government? (Commentary; Stevenson)
- the right to legislate in all matters relating to “peace, order, and good government of Canada”
- the right to raise money by any “mode or system of taxation”
- the right to appoint the judges to the most important courts in each province
- the right to assume control of “works for the general advantage of Canada”
- the right to appoint Lieutenant-Governors in the provinces and instruct these Lieutenant-Governors to withhold royal assent to provincial legislation, or “reserve” it for a final decision by the federal government
- the right to disallow provincial legislation within one year of its passage
What was missing from the 1867 constitution? (2) (Commentary)
1 - domestic amending formula 2 - protection for French-speaking minorities outside Quebec
What important political issues were left unresolved by the Fathers of Confederation? (Stevenson)
- Failed to provide Canada with total independence from Britain
- Failed to provide Canada with a fully written Constitution
- Failed to create equal relationship between French and English Canadians
- Did not completely resolve balance between majority rule and regional interests
Why did the Confederation settlement lack democratic legitimacy? (Commentary; Stevenson)
The concept of Confederation was never voted on by citizens
What was wrong with the process by which Confederation was negotiated? (Stevenson; Commentary)
The negotiations took place behind closed doors and without public input
How is responsibility for a given policy area determined?
The division of powers is spelled out in the Constitution. As a general rule, governments should not be given powers that easily allow them to affect the residents of other constituent units.
Would it be possible and/or desirable to return to the type of federalism that the Fathers of Confederation envisioned in the 1860s? Why, or why not? (Commentary)
Not possible because as the power of the provinces has increased, the legitimacy of the federal government to use these provisions has decreased. Also the assumption was that the federal government would slowly centralize power , so the type of federalism is always evolving.
Which level of government possesses constitutional authority over: the sale and consumption of alcohol
provincial
Which level of government possesses constitutional authority over: unemployment insurance
federal
Which level of government possesses constitutional authority over: university education
provincial
Which level of government possesses constitutional authority over: taxing gasoline and cigarettes
federal
Which level of government possesses constitutional authority over: the construction of a new pulp and paper plant on a major inland waterway
provincial, unless that waterway is trans-provincial or the project affects navigation
Which level of government possesses constitutional authority over: the incorporation of companies
provincial
Which level of government possesses constitutional authority over: criminal law
federal
Which level of government possesses constitutional authority over: consumer protection
provincial
Which level of government possesses constitutional authority over: industrial relations
provincial?
Which level of government possesses constitutional authority over: financial institutions
federal
Which level of government possesses constitutional authority over: television broadcasting
federal (telegraph/ residual?)
Which level of government possesses constitutional authority over: old age pension payments
federal
Which level of government possesses constitutional authority over: setting telephone rates
federal
Which level of government possesses constitutional authority over: limiting automobiles imported from Japan
federal
Which level of government possesses constitutional authority over: awarding oil leases
provincial
Which level of government possesses constitutional authority over: the settlement of political refugees
federal
Which level of government possesses constitutional authority over: setting doctor’s fees
provincial
Which level of government possesses constitutional authority over: paying price supports to prairie wheat farmers
? (agriculture is mixed jurisdiction)
