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Read: under Canadian Political Culture. Theoretical Approaches.
Federation- requires a constitution (make up the rules of law/ written document of diff
powers of different power holders, fixed permanent document continues over decade). A
system of government to give power to local gov’t.
Federal system of gov’t- formal legal approach- looks at the constitution and how it deals
with federalism and compares how it operates within the country.
1700- no federalism- confederacies- wanted to bring countries-colonies into one country
but have central gov’t to be responsible for area but didn’t wanna give up too much power.
Power of central gov’t controlled by state. Central gov’t could only do little.
Confederacies didn’t work for the Americans.
1800s- Set up institutions to deal with problems of defence/ currency. Way of structuring
institutions determines how successful the country will be.
States Rights Approach- as much power and legitimacy in the state as much as possible and
as little in central gov’t. Have state that was strong and independent. Concurrent majorities.
Civil war- power of federal gov’t delegated by citizens, not by state. State cannot pick up
and leave country.
Canada- Federal- wanted more central state/gov’t.
Wheare define- Federalism- regional and provincial power of gov’t equally independent. 2
equal sovereignty. Canada not federation. To become Federal need these reasons:
Reasons of Division,
Reasons of Unification- threats of invasion, military/ economic advantage/political
association/ geographical neighbourhood/ similar political institutions). Why not central
gov’t- unification impossible, want to maintain local control, allows them to retain certain
powers. Have to have certain powers at regional levels. Listen to citizens. Maintain certain
atonomy of citizens.
Canada gives lots of power to provinces. Why did we form federation? gov’t wasn’t
working, too many in too short period. 1840- Upper Canada, Lower Canada- double
majority. Treaty issues- free trade, protectionism (Americans), union army.
Started meetings- between cabinets of diff colonies.
Confederation settlement- 5 principle components: division of power between provincial
and federal gov’t, divide financial resources of both gov’t, federal control, provincial
representation within federal institutions (intra-state federalism), cultural guarantees
Constitution- federation- certain provincial restrictions on gov’t, things central govt took on
role not totally part of federal idea. Centralizing ideas- enumerated powers- constituion
lists responsibilities of federal and provincial gov’t. List was restricted, some powers held
in American states not in Canadian constitutions. Residual powers- handed to states.
Canada- residual powers held in federal powers. Left handed governor- federal elects LHG.
LHG powers of disallowance, doesn’t like legislator, Reservation- can reserve legislation.
Senate appointed by federal gov’t, represent province. Declaratory power- allows federal
gov’t to take over a responsibility. HoC interest of population.
Section 91- powers of central gov’t, federal govt able to pass law by peace, order and good