Midterm POLI 321

Question 1

Regime

Answer 1

• Whole of political institutions. Forms of government and principles that make a government legitimate. Principles of the regime must support political institutions
• Interconnected and delicate
• Ecosystem based on two types of principles
• FORM of government and underlying principles that provide legiteimate basis for that FORM of government
• Two types of principles: institutional and political

Question 2

Institutional Princples

Answer 2

• FORM
• Parliamentary (Responsible Government)
• Federalism: division in to national and sub-national government

Question 3

Political Principles

Answer 3

• PRINCIPLES
• Liberty and Equality
• Liberty: Canada is a liberal democracy which means private sphere ( no place for state in the bedrooms of the nation) , individual rights and respect for minority, rule of law (effective legal order to protect rights) and constitutionalism (government not above the law and the law is applied equally and impartially. regime itself ordered in accordance with a supreme set of agreed upon rules)
• In a liberal democracy there are limits to what the majority can do because of codified rights.
• Individual autonomy as along as you don’t hurt anybody. (Private Sphere)
• Equality: central to democracy, power in citizens equally, equal voice to participate in government
• Representative democracy, better than direct because it is better suited to make decisions on someones behalf and lessens mob rule

Question 4

Liberty

Answer 4

• Political principle
• Natural rights: individuals possess rights because they are human beings. inalienable v.s Utilitarianism where liberty is useful as it is a means of providing happiness. no universally valid rights. Harm principles JS Mills, no government intervention unless you are harming others.
• JS Mills onus of proof on gvt to show why the law limiting liberty is necessary and the law is valid only if it prevents direct harm to other human beings

Question 5

Parliamentary Democracy

Answer 5

• WHY? because we have become too large for direct governance and the elite representatives are less likely to behave as a mob.
• Chief officers are chosen indirectly by elected representatives (PM and Cabinet) through a process called responsible government.
• Regime belongs to us all equally

Question 6

Why Study Canadian Politics

Answer 6

• Democracies need educated citizens
• Consequence is demagoguery: demonizes and whips up passion and creates scapegoats, expectations are too high because you do not know how institutions work, get sold false promises
• Poor civics = poor politics

Question 7

Aristotle’s Politics

Answer 7

• How do those who rule understand the purpose of political rule
• Who rules? 1 person, the few or the many
• The one: Kingship for the common good, Tyranny for own interest
• The few: Aristocracy for the common good, Oligarchy for own interest
• The many: Polity for the common good, Democracy for own interest (tyranny of the majority, SOLUTION is checks and balances)

Question 8

Canadian Regime

Answer 8

• Canadian regime is a democratic one
• Tensions between liberty and equality = tradeoffs. The constitution reflects that
• Majoritarian/Homogeneous affects everyone the same way(Responsible gvt) V.S Minoritarian/Heterogeneous laws differ from province to province(Federalism)
• Court v.s Parliament: Unelected v.s Elected (Liberty v.s Equality). Court invalidates a law created by elected officials

Question 9

Canada’s Origin (Pre-Confederation)

Answer 9

• Britain wins at the Plains of Abraham but choose not to wipe out colonial France. Kept institutions in Lower Canada (own laws 1760) but as more GB people started living in Lower Canada over time conflict arose English minority v.s French Majority
• One colonial government in Lower Canada with no substantive french representation. Different rules, nothing getting done

Question 10

Lord Durham** and Durham Report

Answer 10

-British MP and a lord sent to tour Canada to find a solution to the conflict.
Durham Report’s 3 Recommendations
1) Give colonies responsible government
2) Assimilate the French
3) Merge Upper and Lower Canada in to one unit with one government
All three necessary to deal with the “race” (nationality) conflict in Lower Canada
-Assimilation of French to prevent the tyranny of the majority and French/English would enjoy liberal rights on equal footing. Stems from Locke/Hobbe equality of man. W/out assimilation nationalist minorities deprived of liberal benefits
-Responsible government is a principles of self government. Nationalism goes up, assimilation to go up. - Nationalist divisions recognized in law deny liberal rights to minorities

Question 11

Ajenstat on Lord Durhams Goals

Answer 11

• Durham was not a racist, a progressive mainstream liberal
• His goals:
  1) Convince both French and English that this is in their shared interest
  2) Reform will end conflict. Liberal equality fixed the religious conflict in the UK (Civil War) Protestants v.s Catholics
  3) Same fix for Canadian ‘race’ relations but went against British Empire policy in colonies. Usually let English rule in colonies. Durham advocating for French participation

Question 12

Ajenstat on Durhams Proposal (Report)

Answer 12

• Assimilation: most controversial but needed to diffuse conflict. No institutionalized differences, NOT intended to purge French culture of language. The minority getting a different set of laws and rules exploiting the difference. liberal because liberalism is treating people the same
• Responsible Government: parliamentary reform, checks and balances, accountability created by parliamentary system. Allow formal opposition to have equal footing for both linguistic groups.
• Union of Canadas: neutralize the English. together, the divide between two linguistic groups will balance.

Question 13

Response to Durham

Answer 13

-Durham denied and only one proposal was adopted:
Union of Upper and Lower Canada, the least important one.
-Post Durham, assimilation was never implemented but Responsible government was in Nova Scotia in 1848. United Canada’s in 1840 (Act of Union), Canada formed in 1867.
-Responsible Government most significant, still used today

Question 14

Durham’s Political Science

Answer 14

• Example of the regime approach through Aristotle’s question: Who governs and for what reason?
• In Lower Canada the few governing in their own interest (oligarchy). This oligarchy was causing the English/French division. The solution: liberal universalism with checks and balances.
• Political Principle = treat everyone the same, formal equality and liberal rights protection
• Institutional Principle = Responsible government (checks and balances)
• Still a problem in Canada with Quebec and Aboriginals, Ethnic minorities

Question 15

Will Kymlicka

Answer 15

• Alternative to Durham
• Substantive equality rather than formal equality
• Canadian Political Philosopher
• Multiculturalism, group rights, diversity. In favor of institutionalized differences and recognition of special status is about accommodation and integration of identity in to citizenship
• Aware of challenges, threat to individual rights. but need as much autonomy as possible without hurting others to codify and protect groups from disappearing. Utility of group rights over tension.
  1) Self-government: autonomy, decision making over things that affect their group. Quebec and First Nations
  2) Accommodation Rights: public/private sphere. Policy/rights or other forms. ex) Sikh RCMP uniform
  3) Special Representation Rights: special seats for marginalized groups. hasn’t been implemented, under-represented in past and other unique perspectives.

Question 16

What is a Constitution

Answer 16

• Set of rules that authoritatively established both the structure and fundamental principles of the political regime.
• Called the constitution because it constitutes/establishes the regime.
• Made up of conventions, organic statutes and entrenched constitutional law

Question 17

Major Functions of a Constitution (list them)

Answer 17

1) Establishes who can exercise political authority
2) Division of Powers
3) Define the limits of government power
4) Orderly way to change/update the constitution

Question 18

1st Major Function of a Constitution

Answer 18

• Establishes who can exercise political authority
• Who as in persons, bodies, offices
• 3 Types of Power: legislative which creates (parliament/congress or assembly), executive (PM, monarchy, President) which executes the laws, judicial ( Courts and judge selection) which deals with disputes.
• Specific power, specific source and defines composition of the bodies

Question 19

2nd Major Function of a Constitution

Answer 19

• Authoritative Division of Powers
• National v.s regional in federal countries (v.s Unitary States)
• Residual power lies with one level of government, mechanism to solve disagreement
• Residual power (automatically responsible) lies with Federal government in Canada and States in the U.S

Question 20

3rd Major Function of a Constitution

Answer 20

• Define limits of government power
• Limitations o the power of the government. Government is subordinate to the constitution (constitutionalism)
• Helps guide the acceptable ways for states to behave.
• List specific limits through a bill or Charters of Rights

Question 21

4th Major Function of a Constitution

Answer 21

• Orderly way to change/update Constitution
• Times change so you need a process to amend constitution
• Has been troublesome in Canada

Question 22

Rules

Answer 22

• A principle or condition that customarily governs behavior.
• Can be written or unwritten but both need to be followed.
• Constitutional Conventions: political rules that are enforced politically
• Constitutional Laws: legal rules that are enforced legally but courts
• Distinction is not unwritten/written but rather in the way that it is enforced.

Question 23

Constitutional Laws

Answer 23

• Judicially enforced and written.
• Organic statutes and Entrenched constitutional laws
• Organic Statutes: establish constitutional rules. too complicated to left as unwritten convention. can be taken to court. legislative source and comprehensive
• Entrenched constitutional law: more comprehensive codification of a wide variety. Section 52 affirms that this is the supreme law of Canada. Social Contract: political regime is established then the ground rules of the regime are established with citizen approval.
• Cover a lot but are written vaguely so up to judicial interpretation through judicial review. Judicial review: defining and applying the terms of the constitution.

Question 24

Constitutional Conventions

Answer 24

• Implicit agreements, enforced politically
• Custom or a political rule that rests on good reason not on its codification
• “Court of Public Opinion” enforced by voters.

Question 25

Important Documents Pre-Confederation

Answer 25

Royal Proclamation 1763 -Great Britain v.s France, GB wins Battle Plains of Abraham. Carve up colonial possessions. First recognition of Indian title to land. Owes duty to Indians regarding land (Land reserved) -GB gets New France Quebec Act 1774 -Protection of French civil law, Catholicism Constitution Act 1791 -Representative institutions for Upper and Lower Canada -Legislatures. Gradual movement toward liberal democratic institutions

Question 26

Internal Problems Pre-Confederation

Answer 26

- Family Compact (Upper Canada) and Chateau Clique (Lower Canada) small groups of elites controlling colonies, govern however they like. oligarchical regime - Representative institutions without representative government. Decisions not channeled by the people. - Rebellions in Lower Canada - Prior to responsible government there was no link between the colony and the executive branch. After responsible government, the Governor had to choose elected official from the House of Assembly for the cabinet.

Question 27

Events Leading Up to Confederation

Answer 27

- US Civil War, Western Expansion? Maritime Union? - No system of common defense, US may try to expand once the civil war ended. Vulnerable - Grand Coalition from Unit4ed Canada agree that a new political arrangement is needed. Sir John A. Macdonald, Sir George Cartier (Quebec), George Brown (Toronto) - Heads of Maritime Union crash the Charlottetown Conference of 1864 and agree to meet again to design a confederation

Question 28

Quebec Conference

Answer 28

- 1864 - Equal number of delegates from each colony/province - Representatives from the government and the Opposition as a strategic move. Both sides must agree, can't use it as ammunition for the next election - Quebec Resolutions= BNA Act 1867

Question 29

British North America Act

Answer 29

- 1867 1) Federal division of powers with the residual clause remaining with the feds. Brand new level of gvt (feds) 2) Bicameral parliament. Lower House: House of Commons where seats decided by rep by pop. Upper House: Senate. Equal number of seats per region. 3) Provincial debts are wiped clean by new federal government - Protect rights through GB tradition of Parliament. Political minority becomes the official opposition, dissent in electorate. parliamentary supremacy means you can change the law if you do not like it, courts operate differently. Canadians did have rights before 1982

Question 30

Constitution Act Details

Answer 30

- Executive power, legislative power, provincial constitutions, division of powers and judicial powers - Union of colonies in to a Dominion, still under GB rule to an extent (Subjects, GB citizenship,Foreign affairs and final court of appeal, Judicial Committee of the Privy Council) - Preamble: similar in principle to that of the UK. GB has an unwritten constitution, signal that unwritten constitutional conventions are to be incorporated - Process for admitting new provinces - No supreme court S101 meant federal government could make one if need be. SCC Act of 1875 Organic statute - Part VI Section 91 (federal powers) and Section 92 (provincial powers)

Question 31

Ajenstat on the Founding Fathers

Answer 31

- Not merely pragmatic, understood the idea of a social contract. - Spoke of rights such as freedom from oppression by authority even democratically elected authority and limits on government interference - Drew inspiration from Locke, Blackstone, Hobbes, Coke, Burke and Mills - Liberty impaired by union v.s rights preserved in new union - Inalienable rights entrenched in parliamentary government with dissent in legislature. 1848 Responsible Government - Alternatively, colonists must obey two level of government

Question 32

What did Confederation Achieve?

Answer 32

- An institutional first, an art of government - First government to combine parliamentary and federalism - Political constitution: unconstrained and continuing deliberation among parties

Question 33

Why did Canada Become more Decentralized?

Answer 33

- First 80 years after confederation 1) Sir John A Macdonald and Conservatives (centralizers) Lost power after 30 years v.s Sir Wilfred Laurier and the Liberals (decentralizes) 2) Institutional: Premiers powerful in provincial jurisdictions 3) Sociological: Federalism encourages diversity 4) Legal: provinces win victories in court (judicial review)

Question 34

Sequence of Events Constitutionally Since 1960

Answer 34

``` 1976-1982 Mega Constitutional Politics 1980 Quebecs First Referendum 1981 SCC Patriation Reference 1982 Patriation of the Constitution 1990 Meech Lake 1992 Charlottetown Accorrds 1995 Quebecs Second Referendum 2000 Clarity Act ```

Question 35

Quebec's Quiet Revolution

Answer 35

- Desire to be masters of their own house - Use Quebec state as a means of protecting French language - Provincial government autonomy, Franco phones taking charge of own politics. Traditionally french subservient to English elite - Federalist Stay in CAD, Sovereigntist want cleavage within Quebec and radicals want to separate from Canada - Federal government seeks constitutional reform

Question 36

Federal-Provincial Conference

Answer 36

-1968 -Pierre Trudeau (Justice Minister) -Rights, Strengthen community, SCC/Senate strengthened -No mention of QC concerns Creation of CCMC- Continuing Committee of Ministers on the Constitution

Question 37

Victoria Charter

Answer 37

- 1971 - Constitutional package discussed by PM Trudeau and premiers - Freedom/Language rights, SCC details, amending formula, annual conference for PM and Premiers - Robert Bourassa announced QC couldn't accept because not enough protection, autonomy, power

Question 38

Quebec Election

Answer 38

- Parti Quebecois elected for the first time - Bourassa is out, Rene Levesque in - Move towards independence for Quebec but that's PQ's goal, people unclear - Trudeau v.s Levesque, Federalist v.s Separatist/Constitutional buffer

Question 39

3 Constitutional Side Bars

Answer 39

1) Quebec's Language Bills Bill 63 Immigrants kids can go to English school. Quebecois upset Bill 22 French sole official language of QC (work and government) Pierre Trudeau thinks bad idea Bill 101 went further French language for advertising and education (w/some exceptions) 2)Western Alienattion Price of oil going up great for West, Trudeau National Energy Policy alienates West. Seen as subsidizing East Western Canada no represented in Trudeau's cabinet/caucus. West wants in, greater inclusion, main concerns Senate representation, constitution and policy making ability 3) Indigenous Peoples Totally excluded from federal constitutional agenda 1969 White Paper to get rid of status, repealed because of backlash 1973 Calder SCC recognized Aboriginal Title in Canadian Law: Royal Proclamation precendental value Quebec separatism more of an existential threat to Canada, use geographic territory as leverage

Question 40

Pierre Trudeau Two Stage Approach to Action

Answer 40

``` 1) New federal insitutions Bill C-60 codification of conventions house of federation Canadian aims in a statement charter of rights and freedoms entrenched SCC 2) Get Provinces in: amending formula and division of powers ALL to be complet by 1981 ```

Question 41

1978-1980 Big Events

Answer 41

-1978: Time for Action package released by Trudeau A New Deal (sovereignty association not new country) released by Levesque -Task force on National Unity to figure out how to keep QC -1979 Joe Clarck wins election. Trudeau too focused on the constitution. 1980 Trudeau wins shock election, Clarck loses confidence 1980: QC Referendum

Question 42

QC First Referendum

Answer 42

- Sovereignty, maintain economic association and same currency - Nothing about separation or a new country, just gives QC government the permission to negotiate - Levesque loses 1980, Trudeau campaigns to renew the constitution if QC votes no - Balance of power shifts (less leverage) more negotiations

Question 43

People's Package

Answer 43

- Ottawa and Provinces fail to agree - 1980 Trudeau proceeds unilaterally with People's Package. - Amending formula (not 7 provinces 50 pop), equalization, Charter and the possibility of a referendum

Question 44

Unilateral Patriation

Answer 44

- Ontario and NB in favour, Gang of Eight against - 3/8 Submit reference questions to Court of Appeal to see if unilateral is valid. MB, NL, QC - SCC consolidated appeal, Trudeau violating principle (federalism) of Canadian regime - People's Package infringing on provincial jurisdiction. Historically, provincial consent required - Televised constitutional hearings with input from interest groups, new expectation about population participation

Question 45

Gang of 8 Takes T Dog and the Feds to Court

Answer 45

-SCC Reference. Re: Resolution to Amend the Constitution to 1981 " Patriation Reference" -Provinces want to block amendments, prov consent constitutional convention? SCC: unilateral patriation is legal but unconstitutional. Substantial degree of provincial consent. Up to politicians not courts. Kershaw Committee Report GB atleast a degree of provincial concurrence -P Russel: Bold Statescraft, questionable juris prudence 1/2 loaf to each side. Incentive for both sides to go back to the table

Question 46

Night of the Long Knives

Answer 46

-1981 First Minister's Meeting . Levesque agrees to referendum, rest of Gang of 8 get cold feet -Levesque goes to QC hull across the river, the rest stay and come to an agreement: Kitchen Accord -Levesque doesn't find out till breakfast. -Final Resulting Compromise: Amendment Formula (7/50) Notwithstanding Clause S33 added to Charter. Parliamentary sovereignty -QC won't sign, go ahead anyways.

Question 47

Amending Formula

Answer 47

-Part V of CA 1982, five procedures 1. General Formula S 38 7/50 Rule Need Senate + House and 2/3 Provinces with 50 % of the population. (Need Ontario and QC) 2. Unanimous Consent 2 41 Need Senate + House + 10 provincies Anything altering the monarchy, use of English/French, altering MP/Senators, composition of SCC and amending the amending formula

Question 48

From Patriation to Meech, Key Events

Answer 48

- 1982 SCC says no to QC veto - 1984 Trudeau retires - 1984 Brain Mulroney and PC's beat Liberals. Promise QC will sign with honor and enthusiasm - 1985 Levesque retires - 1985 Bourassa leads QC liberals to prov. victory

Question 49

Bourassa's 5 Conditions

Answer 49

1) Formal voice for QC in SCC appointments 2) Control over immigration policy 3) Limits to federal spending in areas of provincial jurisdiction 4) Veto on con amendments affecting province 5) Recognition of QC as a distinct society

Question 50

Meech Lake Accord

Answer 50

1987 -Agreement unexpectedly reached -Provincilization of 5 Demands 1. QC distinct society 2. Immigration role strengthened. Every prov can make an agreement with feds 3. SCC 3 judges from QC. Every prov submits a list the PM can pick from 4. Opt out of fed power, compensation for every prov 5, Veto affecting QC, moved senate + new provs in to unanimity -Required unanimous consent since negotiated as a single package and included SCC comp and amending. - 3 year limit once adopted by any legislature pursuant to S 39. QC 1987 so needs to be done by 1990. Must be ratified by legislatures

Question 51

Trudeau Letter and Response to Meech

Answer 51

-Trudeau 100% against in open letter. Legit opposition galvanized public opinion but strengthened the resolve of PM and premiers who were insulted

Question 52

Meech Lake Fails

Answer 52

-1990 -Some premiers lose elections before deal can be ratified. -Deal killed by Elijah Harper in the Manitoba legislature (blocks the vote to continue negotiation) and Clyde Wells in NFLD (doesn't hold vote) WHY? 1) Aboriginals excluded 2) All men in the room 3) Seamless web, can't change deal 4) Solution, looking for a problem? QC is the one with an issue 5) QC distinctness and language laws 6) Trudeau and 1982's straight jacket

Question 53

Which of the Following is not an Example of Why Meech Lake Failed?

Answer 53

ex) Referendum

Question 54

Charlottetown Accord

Answer 54

1992 - Mulroney tries again, last attempt to substantively amend constitution - Tried to become more inclusive of West, Women and Aboriginals - Many changes: Canada clause (missions statement), division of powers, FN self government, changes to House of Commons and Senate - Fails in national referendum because tries to give something to everyone. can't handle trade-offs - Possibility of a new constitutional convention in the referendum

Question 55

1995 QC Referendum

Answer 55

- PQ wins 1994 election | - Vaguely worded question, defeated

Question 56

Re: Succession of QC

Answer 56

- 1998 - SCC asked, Can a province secede unilaterally? - No but if vote in favour CAD no right to deny pursuit. Right to secede through negotiation but only if by a clear majority and based on a clear question - 1/2 loaf to each side

Question 57

Clarity Act

Answer 57

2000 - Federal legislation tries to st terms of future referendum - House of Commons power to decide whether proposed referendum question was clear - Any Q not solely referring to succession was to be considered unclear. - All provinces and FN part of negotiations and House of Commons override referendum decision if referendum violated the Clarity Act - Succession requires amendment to constitution - New Organic statute

Question 58

Unitary States

Answer 58

-Opposite of federalism, all sovereign power is in one body, one level but there can be other institutions -Can delegate power and create lower governmental bodies but can also take them away EX) US, Australia, Germany, India

Question 59

Federal States

Answer 59

-Recent innovations in political science coined by US 1787 -Authority constitutionally divided between two levels of government -Constitutional power shared, powers come from constitution thus subordinate. constitutionalism EX) US, Australia, CAD, Germany, India

Question 60

Purposes of Federal States

Answer 60

- Divide power to address local and regional concerns such as education and public works - Federal and national concerns such as defense, foreign policy, crime, environment

Question 61

Crucial Point In Federal Systems

Answer 61

- Sub-national government not subordinate to national government - Level's of government misnomer, federal and provincial are co-equal. - Provinces delegate power to cities (or take away) In their constitutional jurisdiction. Similar relationship between Federal government and Territories

Question 62

Advantages of Federalism

Answer 62

- Diversity: multiple values, avoid artificial unity, participation - Responsiveness - Access points, bargaining, adaptability/innovation - Regional/local - Liberty: choice as to provision of public services

Question 63

Disadvantages of Federalism

Answer 63

- Inefficiency, overlap and coordination - Accountability is reduced - No increase in liberty because local majorities can oppress minorities. governments are providers of services not protector of rights - Reactionary limited government prevents serious social change

Question 64

Founders and Federalism

Answer 64

- 1860's BNA 6 Colonies. Vast territory, own governments - Canada ON & QC a failure, recall Durham 1/3 implemented - New national government a logical solution

Question 65

Canada: Unitary or Federal

Answer 65

- Advantages to legislative Union (Unitary): English v.s French, economical, security, relieve GB admin, western expansionism - Obstacles (Federal) : French/Maritimes, federalism = suspicious, foreign/American, costs

Question 66

QC 1864

Answer 66

- Federal system agreed to but difficult needle to thread - Sir John A Macdonald need for central government, federalism = weak government - Sir John A Macdonald wants powerful federal government but need QC and Maritime agreement, recall SJA wanted strong feds but centralization exaggerated

Question 67

BNA Act 1867 91 v.s 91

Answer 67

``` 91: Trade and Commerce Bank Taxes Defense/Military Indians Criminal Law Inter-provincial trade and transport Currency POGG: Peace Order and Good Government Residual Power ``` ``` 92: Direct Tax Crown land Hospitals Municipalities Education Property/Civil Rights Administration of Justice ```

Question 68

Reservation and Disallowance

Answer 68

- S 90 - PM tell LG authority to reserve assent from provincial legislation - S 55, S 57 - Veto by federal government w/in one year even though LG gave royal assent - Sir John A Macdonald report explaining Reservation/Disallowance: Only in cases of importance. limited. 1) Provincial act is illegal/unconstitutional 2) illegal/unconstitutional in part 3) concurrent jurisdiction 4) affecting interests of Dominion generally

Question 69

Provincial Rights Movement

Answer 69

- Reserve/disallow initially used often - Macdaddy withholds assent on 16/24 reserved bills during first administration - 1867-1896: 65 Provincial acts disallowed. Rationale that usually violated 91/92 - Premiers get mad Oliver Mowat Ontario premier goes to court

Question 70

Judicial Committee of the Privy Council

Answer 70

- SCC supreme only in name - Can appeal to JCPC- Advisory Board of GB Privy Council - Jurisdiction over all colonial courts including Domnion of Canada and orovinces - 1949 transferred to SCC

Question 71

JCPC What Happened

Answer 71

-First 30 years of confederation: most tangible provincial gains through the JCPC -1880-1896: Decided 15/20 in favour of provinces -Reserved SCC's broad interpretation of trade and commerce and POGG -Broadened civil rights, property and local private DECENTRALIZATION

Question 72

Maritime Bank

Answer 72

1892 - Facts: NB wanted crown prerogative to get priority as creditor. Bank had debt to federal and provincial. Who gets money first? - Dispute: provinces and crown, is there one crown power or do the provinces have their own channels to exercise crown prerogative - New Brunswick won. Province gets money first, then feds, then everyone else - Purpose of BNA Act not to subordinate provincial government, provinces free from the control of the dominion - Recognition of classical federalism

Question 73

Labour Conventions

Answer 73

- 1937 - Facts: Bennet federal government passed labour legislation in accordance w/treaty - Dispute: Did treaties power (s 132 make treaties between empire and foreign countries) enable the feds to legislate in provincial jurisdiction. - Ontario won. If treaty involves provincial jurisdiction, provinces must agree to treaty. Proper authority for implementing treaty depends on subject matter. If didn't side with provinces, feds could agree with a foreign country and infringe on provincial jurisdiction - In conflict with radio case, who gets new things to regulate. Given to feds due to residual power

Question 74

Fiscal Federalism

Answer 74

1) Taxation Federal government can use any move or system of taxation. 1867 majority provincial through direct income tax. Conflict over tax room 2) Federal Spending Power Financial resources, power over policy in provincial jurisdiction. Unconditional grants, now more unconditional grants due to QC pressure 'Illegal' or gifts? 3) Equalization payments. Responsibility to keep soci/economic conditions roughly equal. Formula based on tax capacity Unconditional

Question 75

Current Controversies

Answer 75

- Asymmetrical federalism: different provinces, different powers. But Sparks backlash West/East alienation - 1999 Social Union Framework Agreement: no new shared cost programs in provincial jurisdiction without 50% pop/ province agreement

Question 76

JCPC Decentralized or...?

Answer 76

Competition for power (Cairns) - Ruined founders constitution (Vaughan) - Decentralized on own due to societal factors that were pushing for decentralization - Courts not self-starting institutions, dispute has to come to them - Not enough cases