The Conflict Between Toronto City and Ontario Government.docx - Surname 1 Student’s Name Instructor’s Name Course Number Date The Conflict Between

The Conflict Between Toronto City and Ontario Government.docx

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Surname 1 Student’s Name Instructor’s Name Course Number Date The Conflict Between Toronto City and Ontario Government The ongoing conflicts between the cities and provinces in Canada can be solved by granting the cities a Charter status. This will ease the tension that the constitutional status of the two levels of government has caused. In Canada, the provinces are usually granted exclusive control of the cities, irrespective of their sizes and economic capacity. The provinces also have exclusive control of other municipalities within them. This means that any municipality or city exercise only the powers granted to it by the province. The provinces have the full authority either, to change powers and to withdraw the powers that were formerly granted to the municipalities. The Constitution of Canada, however, does not grant the provinces the power to grant the municipalities the powers that they themselves do not have. Therefore, a province cannot grant a municipality a power that the province itself does not have. This leaves the cities with no absolute powers other than the powers granted to them by their respective provinces, generally in a statute. Also, being that the provinces in Canada have exclusive control of the municipalities, the federal government cannot deal directly with the municipal institutions. This power is limited until they obtain formal permission from the province itself. However, this is often rare as provinces are always reluctant to grant powers to the federal government due to inevitable conflicts between the two levels of government; due to conflict of interest or just the status quo.
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Surname 2 However, at some time, the federal government action and legislation can impact municipalities legally but this only happens if the federal government is exercising one of its exclusive powers under the provision of the Constitution of Canada. There are some powers that give the most potential direct federal municipal interaction such as the Power of Peace. Other powers that involve this direct interaction are; the Spending Power, Order and Good Government, The Regulation of Trade and Commerce, Navigation and Shipping, and Banking, Incorporation of Banks, and the issue of paper money. this power structure has led to conflicts between major cities and the provincial governments and also between other municipalities and their provinces. Some cities like Toronto, for example, are too large to be controlled by the laws of their provinces and, therefore, referred to as charter cities; controlling their own municipal affairs independently. Also, the provinces jealously guard any constitutional arrangement that attempts to give them the exclusive control over the municipalities. As witnessed in many of the legal proceedings in Canada, any injection of the municipal question into national constitutional discussions has provoked reactions that have continuously weakened the relationship between the federal and municipal governments of Canada. Toronto and Ontario are the leading examples
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  • Spring '17
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