Canadian Federalism

1
Canadian Federalism

• Chapter 4

2
The Concept of Federalism

• US had first modern federal system
• distribute power between at least two levels of
  government - accommodates diversity
• often conflicts over which level of govt will
  control taxpayers money
• unlike unitary system, power divided between
  central and regional govts
• tends to produce constant rivalry

3
origins of federalism

• the 1841 union of Upper and Lower Canada started
  to fail as Upper Canada became more populated and
  powerful
• Britain and colonial leaders feared the
  threatened post-Civil War expansion of the U.S.
• Fenian raiders actually invaded Canada
• J.A.Macdonald saw potential of western
  territories
• Quebec anxious to protect language, culture,
  religion

4
federal-provincial division of power

• federalism was a necessary compromise in Canada -
  a federal bargain.
• initially provincial constitutional power was not
  significant
• although federal veto over prov.legislation was
  never exercised, both disallowance and
  reservation were used extensively
• residual clause allows the feds to interfere in
  any matter
• health and education - are provincial matters

5
problems of divisions of power

• essentially BNA was a centralist document
• provinces own their natural resources, but feds
  have control over prov._at_ intern. trade
• federal declaratory power permits feds to claim
  control of work that benefits Canada
• the Constitution was inadequate in clarifying
  many jurisdictions

6
in summary

• Confederation was intended to create a strong
  central government
• over time, the provinces grew in significance and
  responsibility
• in the 20th century, federal powers of
  disallowance and reservation have been used less
  frequently
• struggles over jurisdiction are a feature of most
  federal states