PAPM 2000 January 21, 2014.docx

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Public Affairs and Policy Management
PAPM 2000
Graeme Auld

Constitution and How it relates to federalism •Character of Canadian Federalism o Constitutional provisions o Mechanisms of coordination o Evolution of Canadian federalism •Explaining level of decentralization Federalism •"A political system in which the powers of the state are formally divided between central and regional governments by a written constitution but in which these governments are linked in an interdependent political relationship •Federalism is the structure in which interdependent political relationships take place Benefits of Federalism •Standards Costs of Federalism •Standards across country is difficult •Disparities •Federal public service: who has responsibility provincially and federally? Constitution Act (1867) •Idea of mutual independence -> expected to operate independently •Hierarchy - fed govt could delay or veto provincial laws, and residual power to legislate in fields not controlled by the provinces o Doesn't contain a formal dispute resolution mechanism o Division of taxing powers and spending responsibilities between two levels of government - over time, federal spending power expanded into provincial jurisdictions - healthcare, post-secondary education and welfare o Federal spending power has no clear basis in Constitution (MacIvor 2006, 386- 88) o Federal authority has broad foundation under 'peace, order and good governance' provision •Federal and provincial jurisdictions each given access to certain sources of revenue o Fed. S91.3 •In resource amendment to the constitution act of 1982, provinces had their powers extended to include making laws to raise money by any means from primary production and electrical power generation (92A1 (4)(a) and (b)) •Types of laws that could be made in each jurisdiction outlined (48 categories) o Federal: military, Veterans' Affairs, Postal Service, monetary policy, etc. •Ambiguity regarding o Labour force training, unemployment insurance-> federal OR o Education, therefore provincial? •Fed govt can disallow any Act passed in prov legislature, within a year, but power is rarely exercised, it has not been used since 1943 •Provinces now have means of complicating federal policy Mechanisms of Coordination •Provided for in the constitution o Lieutenant Governors, hierarchically under GG o Senate as means to provide regional representation •Have proven inadequate •Judicial review o Assumed that judicial interpretation would ensure clear delineation of fed and prov jurisdiction •JCPC heard cases on jurisdictional disputes up until 1949 when the SC aquired this power o Typically held in favour of the provinces Resource amendment and Judicial review •Post supreme court taking over from JCPC jurisprudence on fed=prov jurisdiction shifted o Provincial laws found to be ultura vires because they infringed on fed powers to regulate trade and commerce •Resource amendment attempted to address this o Prov given the ability to make laws on the interprovincial trade for forest products, non-renewables, and electric power so long as such laws were not discriminatory in prices or exports (92A1(2)) o Fed. Retained trade and commerce power and in the case of a conflict, the federal rules were to prevail (92A1(3)) •Meant, only paramountcy if laws conflict Mechanisms of Coordination •Courts of tended to be deferential to jurisdictional claims from both levels of government •By accepting broad legislative plicy scope in both order of government •Informal instruments for information sharing, negotiation, bargaining and consensus building •First Ministers' Conferences o Brings together PM and Premiers (Territorial leaders recently included) o Began meeting in 1906 and have held 77 meetings through 2008 o Cover a range of topics: fed-prov fiscal arrangements, constitutional amendments, housing and urban development, etc… o Meech had provision to make FMC annual and mandatory •Ministerial meetings o Counil comprising ministers for specific files drawn from provs and fed o Discussion of sectorial issues o Separate multi-lateral and bi-lateral meetings also take place on specific issues •Canadian Council of Ministers of Education o Founded in 1967 o Forum for discussion; shared activities, programs, etc…) and consultation and cooperation o Specific activities: rep prov and territories in international discussions on education; help Canada comply with treaty obligations; produce reports; sponsor research o Research work includes joint ministerial statement on education entitled Learn
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