Law 2101 Lecture 5: The Canadian Constitution and Federalism Part 2
Document Summary
What is federalism: constitutional form of gov(cid:495)t, (cid:884) levels of gov(cid:495)t in constitution, centralized vs decentralized. What did the bna act/ca 1867 do: unite 4 different colonies. Division of powers between federal gov(cid:495)t &provinces (cid:523)s. 9(cid:883) &s. 9(cid:884)(cid:524) Both levels of gov(cid:495)t working together to solve issues: need cooperation between levels, cooperative federalism. Shifts in balance of powers between 1867 and the present, towards provinces: 3 important eras: Last court of appeal was the judicial committee of the privy council. Decided bulk of econ &econ powers belonged to provinces. Scc became the final court of appeal the matter. Is it truly anchored in s. 91 & s. 92: more balanced in dividing powers between fed &provinces. The role of gov(cid:495)t became larger post ww): morgentaler #(cid:885), go up against nova scotia(cid:495)s conservative gov(cid:495)t. R. v. morgentaler (scc, 1993) important to look for the pith and substance (the essence) of.
