Lec 6: Federalism
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What is federalism?
Why did Canada adopt a federal system?
Eight faces of Canadian Federalism
Last one brought up the use of tazers.
Various ministers meet twice a year and agenda is set by the province hosting the meeting.
Functions of parliament and pillars of parliament and different branches. Different ways of seeing the
roles of the MPs. Machinery of Gov. Role of GG and PM and House and
Federalism takes us into law in the British North American Act (1867).
Two types of government can impose themselves on the citizens. Canada has one of the only fed
systems in the world and definitely one of the oldest.
195-196: power to make laws and legislate is divided -its the federal government; central in Ottawa.
In a purely classical, purely theoretical system, neither gov would be subordinate or superior to the
other . The First Minister would not be less important than the Prime Minister.
In practice fed systems are generally biased in one direction or another. Canada is one of the most
decentralized federal systems in the world. The US is one of the most centralized although it was
made to make the states the main actors and strong points.
Natural political competition to expand their jurisdictional powers. (MPs and different levels of gov)
Who controls finance, banking, taxation?
Who gets the residual power? Any power that is not listed.
Boundaries about what is federal and what is prov is not clear at all.
When you get all the premiers and the PM together, whatever they want, they get because the power
is so centralized. Power is concentrated in the executive. This is not the same in the states because
their machinery of gov is diff.
The supreme court used to be in Britain.
They would be the biggest court -appeal, criminal, etc.
Intra vires; inside of jurisdicion
Ultra vires; outside of jurisdiction
Peace, order and good government (POGG)
In the earlier years, Ottawa dominated because the JCPC took the law or whatever literally.
Then the provinces began making way and the situation flipped.
Judicial Committee of the Privy Council: -strengthened federal power
Federal govt. Conditions:
Ex: medicare as a shared-cost program:
The fed gov has its power in the spending and the taxation. The fed can also impose conditions in
exchange for the money they give to the provinces.
Lec 6: Federalism
POL214 Page 1
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