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Lecture 5

PSCI 2003 Lecture Notes - Lecture 5: Western Alienation In Canada, Constitutional Basis Of Taxation In Australia, Iroquois


Department
Political Science
Course Code
PSCI 2003
Professor
J Malloy
Lecture
5

Page:
of 5
11 October
Lecture 5 Federalism
Federalism
o Equality between political units; neither subordinate to the other (Dyck, 421)
o 25 federations in the world
o Why have federation?
Geography
Diversity
o Federalism can mean
Institutional structure
Governments and rules
Characteristic of the society
Balance of identities
o Municipalities in Canada
Creatures of the provinces
Provinces have discouraged direct federal-municipal relationships
Examples of exceptions:
o Gas tax sharing
o Infrastructure (often in cooperation with province)
E.g. public transit funding
o Multi-level Governance
Concurrent levels of governance
E.g. federal, provincial, municipal
International, aboriginal?
Aboriginal (Historic)
o Haudenosaunee Iroquois confederacy
Division of powers
o How should jurisdiction be divided between the federal and provincial governments?
o Constitution Act, 1867
Sections 91 and 92 lists federal and provincial powers
o Federal superpowers
Reservation, disallowance, and declaratory power (425)
Pogg clause
o Glorified municipalities or compact theory?
o Judicial Interpretation
1800s and early 1900s courts generally rule in favour of provincial powers
(Dyck, Box 18.2, 437)
POGG Cases
Russell (1882)
o Temperance (alcohol prohibition) ruled as federal power under
POGG
Hodge (1883)
find more resources at oneclass.com
find more resources at oneclass.com
o But also proicial jurisdictio uder   propert ad ciil
rights
Local prohibition (1896)
o Ruled that 92 (13) was more specific than POGG; therefore it is
provincial
o Stripped POGG of much of its power
POGG became limited to emergencies (war) or foreign/treaty
implications (radio; aircraft)
Parsons (1881)
Ruled that isurace as uder  Propert ad ciil rights rather
tha   trade ad coerce
Did the courts distort the division of powers? Or reflect social forces and
changes? Ala Cairsie
State vs society visions of Canadian Federalism
Societal explanations
State-centred explanations
o Federalism reflects the
underlying reality and diversity of Canada
Our different social, cultural,
geographic and economic aspects
o Federalism is significantly driven
by political elites, specific decisions, and
perpetual momentum
o It shapes us to think in provincial
and territorial identities rather than
national or other ways
o Phases of Federalism
Pedulu-like sigs – Dyck, 436)
o Quasi-Federalism
o Classical Federalism
o Emergency Federalism
o Cooperative Federalism
o Executive Federalism
o Competitive Federalism
o Constitutional Federalism
o Collaborative Federalism?
o Open Federalism?
o
Centralization to decentralization and back
o What causes the swings?
Societal
Economic and population shifts
National crises
Quebec nationalism
Western alienation
Fiscal surplus and restraint
State
Judicial Rulings
Premiers and PMs
find more resources at oneclass.com
find more resources at oneclass.com
Fed-Bashing
o Federal dynamics driven by both socio-economic realities and
institutional factors and self-interest
o Interstate vs Intrastate Federalism
Interstate
First ministers summits
Council of the Federation (the premiers)
FPT meetings
Intrastate
Cabinet representation (moderate)
Senate regional representation (very weak)
Unified political parties (only in NDP, and weak)
Federalism
As institutions & rules
As a social community
Division of Powers
Two founding nations
Judicial interpretation
Multiculturalism
Negotiations and summits
Aboriginals
Multiple, concurrent, identities
Fiscal Federalism
Revenue
Spending
Federal government has more
taxation power
Programs in provincial jurisdiction are
expensive
Federal govt transfers money to provinces:
o Health and social transfers
o Equalization payments
o And others transfers
Spending power
o Historically, federal government used its spending power to create and maintain
national programs (medicare) in areas of provincial jurisdiction
Interference or nation-building?
Equalization Grants
o Have and have not provinces
o
o Current transfers
o Equalization controversies
find more resources at oneclass.com
find more resources at oneclass.com