POLS 2910 final exam review (Notes).docx - POLS 2910 6.0...

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POLS 2910 6.0FINAL EXAM REVIEWDeclaratory powerThe authority of the federal government to decide that an issue falls within its jurisdiction.Section 92, which enumerates most of the powers accorded to provincial governments, includes a reference to declaratory power: the federal government’s ability to control any public works or undertakings deemed to be in the best interests of Canada or at least two provinces.Declaratory Power Exception within section 92oSection 92 (10) (c)“local works and undertakings” except:o“works” wholly situated in province that are “declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the provinces”Sentence: Since Trudeau is the prime minister, he could use declaratory power to build Trans Mountain pipeline.Federal spending powerThe capacity of the federal government to spend its available funds, even on areas that fall outside its constitutional jurisdiction.the capacity of the federal Parliament to transfer or lend its funds to any government or institution or individual it chooses, for any purpose it chooses, and “attach to any grant or loan any conditions it chooses, including conditions that it could not directly legislate” (PeterHogg, Constitutional Law of Canada, 2003).Federal government can attach conditions to transfers providing the conditions do not amountto legislating in areas of provincial jurisdictionFederal spending power addressesoInequality between individualsoBasis for Canada-wide social citizenship Eg. medicareTwo ways federal spending power exercisedoTransfers to individuals or organizationsoTransfers to other governments for activities within their jurisdictionSome Programs introduced under federal spending poweroFamily Allowance (1945)oCanada Assistance Plan (1964)oMedical insurance (hospital insurance in 1957; medicare in 1966) oStudent aid and student grants: 1960sSentence: Federal spending power allows the federal government to lends its fund to the Ontario government for things such as health care and social programs.Statute of WestminsterA British law that permitted its Dominions to opt out of future legislation passed by the British Parliament, passed 1931.1
Recognized Dominions (Canada, Australia, New Zeland) as autonomous communities within the British Empire, co-equal in status, in no way subordinate to one another in any aspect of their domestic or external affairs, although united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations. oDominion parliaments could amend any U.K. statutes that applied to them.oCanadian House of Commons and Senate motions asked that the Constitution Act,1867 (and related acts) be exempted Statue of Westminster makes it difficult for the British Government to make force legislations of Canada.

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