federalism evolution.pptx - Division of powers(continued...

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Division of powers (continued)Provincial powers
Reminder of logic of original division of powersFederal powers: Those areas of jurisdictionessential to continent-wide economic expansionInherently nationalProvincial“Generally all matters of a merely local or private nature in the Province”Matters thought essential to the preservation of a minority French Catholic culture in QuebecNote understanding of ``private sphere`` in 19thcentury
Evolution: some key provincial powersSection 92 (13): “Property and civil rights within the province.``(7): ``The establishment, Maintenance, and management of hospitals, asylums, charities and eleemosynary institutions in and for the province, other than marine hospitals.`` (5): ``The management and sale of public lands belonging to the province and of the timber and wood thereon``.Section 93: EducationNote exception for federal role regarding denominational education rights (Protestant in Quebec; Catholic outside of Quebec)
Some key provincial powers (continued)Section 109: All lands, mines, minerals and royalties belonging to the several provinces of Canada, Nova Scotia, and New Brunswick at the Union . . . . shall belong to the several provinces of Ontario, Quebec, Nova Scotia and New Brunswick``.Not extended to other provinces when they joined Confederation (Alberta and Saskatchewan got power in 1930).
Status of municipalities and territoriesMunicipalities:Provincial jurisdiction: ``creatures of the provincesPowers delegated by provincial legislaturesTerritoriesFederal jurisdictionPowers delegated by federal ParliamentDiffer by territory: eg. Nunavut Act, 1990Change to provincial status requires a constitutional amendment
Evolution of Federalism
General trendFederal dominance in Constitution Act, 1867Today, Canada one of the most decentralized federations in the worldEvolution not linear:Some periods of centralization; others of decentralization
C.A. 1867 and federal dominance
Federal as predominant levelPreamble to section 91: “Peace, Order and Good Government” clause (POGG)Residual power
Federal as predominant (cont’d)Extensive economic and taxation powersFederal trade and commerce powerfederal government can raise revenue through any mode of taxation; provinces restricted to direct taxation.Declaratory power s. 92 (10)(c)
Federal as predominant (cont’d)Power to appoint Lieutenant GovernorsPower of reservation and disallowance s.55 to 57Power to appoint judges in superior courts of provinces

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