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Lecture 21

POLS 3470 Lecture Notes - Lecture 21: Countervailing Duties, Big Business, Ss.10

Political Science
Course Code
POLS 3470
Tim Mau

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Lecture 21
Structure of Government in Canada II
Structure of Government: Federal Dimension
- Canada was to be one large common market
- S. 121 of Canada Constitution Act 1867 “all articles of the growth,
produce or manufacture of any one of the provinces shall, from and after the
union, be admitted freely into each of the other provinces
o Federalism does not necessarily have a constant impact
- s.6(2) Constitution Act 1982 - mobility rights
o professional bodies have their own rules and regulations that make it
difficult to move freely across the provinces
- Constitutional division of powers
o S. 91 P.O.G.G. (Residual power to feds)
§ If no power was explicitly granted to the provinces, the federal
government is given automatic power
§ Weakened through judicial interpretation (JCPC)
§ ss.2 (regulation of trade and commerce)
§ ss. 2a (unemployment insurance)
§ ss. 3 (ability to raise money by taxing)
§ ss. 14-20 (national monetary system)
o s. 92
§ ss. 2 (direct taxation)
§ ss.10 (public works)
§ ss. 13 (property and civil rights)
o s.95 shared jurisdiction (agriculture and immigration)
§ gives rise to conflict and enhance business groups to pursue their own
§ allows them leverage (move to another province)
Impact of Federalism
- post-confederation federal economic powers to ‘nation-build’
- provincial backlash ‘province building’
- business interests played one government off the other
o eg. Turn of century lumber
- judicial decisions altered balance of power
Provincial Protectionism
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