POL 2107 Lecture Notes - Lecture 12: Asymmetric Federalism, Canadian Federalism, English Canada
14 Dec 2016
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Federalism as a political and social concept
How federalism works in canada
sources of change for canadian federalism
the evolution of federalism in practise
*What is federalism?
Canada is a federal state
federalism as the constitutional division of wars between two or more levels of government
each level of government is soverth in their jurisdiction
no level is subordinate to another
federalism as a way of life by reconciling
Federalism as a way of life by reconciling particularism and universalism. the provinces have
their own interests and social characteristics but we all recognize that we are united.
*Types of federalism
symmetrical federalism: equal treatment is accorded to sub-national governments by the
constitution and the national government
Asymmetrical federalism: special treatment is reserved for one sub-national jurisdiction but not
others. Trudeau's main argument against meech lake with quebec
*Why federalism in canada?
the confederation settlement had to respect the powers that the provinces had powers as part of
BNA. the settlement says these powers had to be respected. Anglo and Franco cultures had to be
respected.
English and French have different conceptions of federalism. To the English, confederation is
seen a unbreakable. The french see it as a partnership. If things to working for the French they
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leave. (keep that in mind)
the features of the confederation settlement*
1. a division of powers between the federal and provincial governments
2. establish a division of financial resources where ottawa could elvy direct and indirect taxes
and the provinces could only levy direct taxes.
3. federal controls over the provinces
4. provincial representation in central institutions
5. cultural guarantees. hence section 133 and parts of section 33
*sources of change in canadian federalism
1. constitutional amendments. if you want to change federalism, you have to change the
constitution.
2. judicial decisions.jurance prudence
3. financial arrangements. they have transformed federalism. federalism is now case cost
programs. financial arrangements are a change in federalism because ottawa can't legislate
provincial affairs but it can use its money to establish cost programs. Ottawa will provide money
to the provinces and meet conditions for the money. They don't have to take the money but they
do if they meet conditions.
*Dividing canada's jurisdiction
the bna act enumerated the powers of the federal provincial governments
section 91 guarantees federal powers
section 92 guarantees provincial powers
section 93 outlines provincial control over education, especially regarding denominational
schools for religious minorities.
Section 95 established concurrent federal and provincial powers in the areas of agriculture and
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immigration
section 132 gave ottawa powers to enlarge empire treaties.
borders are the federal government's responsibility.
*From a centralized federation
The powers that ottawa enjoyed in the bna act reflected macdonald's vision of a centralized
federation where the provinces would be subordinate to the federal government
the bna act of pogg clause
federal powers of reservation and disallowance
section 91's residual clause
section 92(10)(c)
ottawa can take over any public works that they deem to be nationally important.
The PM appointed the senate.
Ottawa's financial powers were dominant in direct taxes. laissez faire was the thought ottawa had
at the time.
ottawa can levy direct and indirect taxes and through grants, ottawa a dominance over the
provinces.
*To a decentralized federation
The JCPC decision narrowed the scope of federal powers and expanded the breadth of provincial
powers.
Widening the scope of provincial powers, especially civil and property rights reduces what the
residual clause might have covered
narrowing the scope of federal powers reduced ottawa's ability to transcend the division powers
ottawa's grants to the provinces after confederation ironically built up their capacity to challenge
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Document Summary
How federalism works in canada sources of change for canadian federalism the evolution of federalism in practise. Federalism as a way of life by reconciling particularism and universalism. the provinces have their own interests and social characteristics but we all recognize that we are united. *types of federalism symmetrical federalism: equal treatment is accorded to sub-national governments by the constitution and the national government. Asymmetrical federalism: special treatment is reserved for one sub-national jurisdiction but not others. Trudeau"s main argument against meech lake with quebec. *why federalism in canada? the confederation settlement had to respect the powers that the provinces had powers as part of. Bna. the settlement says these powers had to be respected. Anglo and franco cultures had to be respected. English and french have different conceptions of federalism. To the english, confederation is seen a unbreakable. Ottawa will provide money to the provinces and meet conditions for the money.
