Intrastate federalism provincial representation within the institutions of the

Intrastate federalism provincial representation

This preview shows page 3 - 5 out of 5 pages.

Intrastate federalism: provincial representation within the institutions of the national government-Interstate federalism:an emphasis on relationsbetweenfederal (national) and provincial governmentsCertain Cultural GuaranteesEvolution of Canadian Federalism to 2000Division of Powers:-Constitutional Amendments-Judicial Interpretation
Background image
oJudicial Committee of the Privy Council (JCPC): oPeace, Order and Good Government clause (“POGG” or the residual clause): all powers not given to the provinces in section 92 are left with the federal governmentoEmergency doctrine: In exceptional circumstances, the federal government may invoke a state of emergency, which grants Parliamentspecial emergency powersThese powers allow for the federal government to infringe on provincial jurisdiction when the country is perceived as facing an existential crisis,Such emergency powers are only to last as long as the emergency itselfDuring the First World War, the federal government passed the War Measures Act, which enabled Parliamentto legislate on almost any matterThe emergency doctrine was described in the Supreme Court’s 1976 Reference re Anti-Inflation Act.ooCriminal lawoTrade and Commerce Clause (section 91 (2))oThe Treaty power (section 132): in cases of Empire treaties, the division of powers becomes inoperative and the federal govt. can implement them regardless of subject matterIn the textbook, it states that the net effect of judicial interpretation of the Peace, Order and Good Governance clause since 1967 was a great increase of provincial powers at federal expenseThe JCPA has a major impact in transforming the nature of Canadian Federalism from a centralized to decentralized systemJust to clarify, the JCPC functioned to reduce federal powers and enhance provincial powers? However, the emergency power in section 91, on the other hand was to increase federal power?Then why did the JCPC enact this emergency power if it ultimately reduced federal power?Deputy Ministeris the senior civil servantin a government department. He or she takes political direction from an appointed minister of the Crown.Federal-Provincial Finance-The conditional grant: grant paid by the federal government to the provinces in an area of provincial jurisdiction but for which provincial revenues were deemed to be inadequate (e.g. old age pension)oProvinces then had to adhere to regulations the government imposed-The Rowell-Sirois Commission (the Royal Commission on Dominion Provincial Relations, 1937)oRecommended that the costly responsibility for unemployment insurance be transferred to federal government in 1940oBefore 1940, two levels of government operated independently on both taxation and expenditureoSince WWII, they have become intertwined-Federal-Provincial Taxation AgreementsoTaxation agreements: to affect a degree of coordination among federal-provincial taxation-Conditional and Block GrantsoWelfare state:
Background image
Image of page 5

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture