POLI 221 Chapter Notes - Chapter 137-168: Commerce Clause, Canadian Federalism, Canada Health Act
21 Nov 2015
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In can, as in any fed syst, prov/natl govt relations r v important. N/p jurisdictions hav shifted back/forth over time. Fed syst of 2 equal tiers reflects political/econ divisions in can. When certain provs r treated differently, that"s asymmetrical federalism. Some instances in can, but largely fed. is symmetrical. Muni govts r not part of fed syst, r sub. to prov govts. Some argue this should change--give large city govts more power. Judicial committee of the privy council in brit was v important in decentralizing can fed b4 1949. Transformed peace, order, and good government clause. No longer all powers not left to provs given to fed. Now fed could only use powers not specifically given to it in times of emergency. More recently expanded to isues of a natl scope that cant b dealt w on prov level. Much broader interpretation of where provs had jurisdiction. Trade and commerce clause is more complicated bc more obtuse.
