POL214Y5 Lecture Notes - Lecture 6: Constitutional Basis Of Taxation In Australia, Remedial Education, Canada Social Transfer
Document Summary
Eight faces of canadian federalism: colonial: provinces appear to look like colonies of ottawa, classical, emergency, cooperative, executive, constitutional, asymmetrical. Federal paramountcy in ca 1867 fiscal: lieutenant governor (sec 58, reservation and disallowance (secs 55-57, 90, residual powers (sec 91. 29, control of prairie and terr. Resources: pogg (sec 91 premable, superior courts (secs 96-101, treaty power (sec. 132: remedial education legislation for denominational minorities (sec 93. 4, declaratory power (sec. 92. 10(c): spending power: public debt and property (sec. 91. 1); consolidated revenue fund for public service (sec 106, unlimited taxation power (sec 91. 3, agriculture and immigration (sec 95) Provinces can only tax directly, but ottawa can tax whatever they want. Both ottawa and provinces are responsible, but if there is a conflict, Classical federalism 1890s-1930s: centrifugal forces favoring provinces, crown land and provincial resources (secs. 92. 5 and 109: public expectations of social services, business opposition to federal regulations, judicial interpretation. Emergency federalism, during the world wars: defence as a centripetal foce.
