Political Science 2230E Lecture Notes - Lecture 22: Pierre Trudeau, Abeyance, Patriation
27 Dec 2018
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Document Summary
Enlarged provincial power, reduced fed powers, in many of its rulings. Abeyance - couldn"t decide on amending formula so they left it to the british gov to decide. Pushed federation towards decentralization - towards provinces. The courts have been key sites where federal and provincial government battle for power. 1896 local prohibition case - pogg cannot override enumerated powers of provinces. 1881 parsons case - limited feds" regulation of trade and commerce. Federal government doesn"t have unlimited power over trade and commerce. 1937 employment and social insurance act reference which then ruled feds offsides on. Jurisdiction problem was fixed with a 1940 constitutional amendment giving ottawa jurisdiction over unemployment insurance. Sc ruled while ottawa would unilaterally patriate the constitution this was unconstitutional in conventional sense. Convention dictates at least some of the provinces before you patriate. Both sides went back to negotiations that produced the constitution act 1982. 2014 - sc reference re senate reform.
