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POLB50Y3 Study Guide - Campaign Finance, Abortion Clinic, Charter Of The French Language

Political Science
Course Code
Holly Gibbs

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1.Roger Gibbins indicates that the resulting Constitution of 1982 is a
fascinating paradox. Why? What lead to this situation? Be specific.
What has happened in the politics of the post-1982 era because of this
situation? Be specific to events, legislation and demands.
2.Explain the evolution of Canadian federalism, highlighting and comparing the
characteristics of each of the phases. Indicate whether or not the phase pushed the
federation toward centralization or decentralization.
To begin with, federalism refers to the system where political authority is divided
between two constitutionally distinct orders/levels of government. The two level of
orders are federal, and provincial orders. There is a debate if Aboriginal should
be a third level.
So the first phase is Confederation Settlement. This phase is incredibly
centralized, barely a federal government. This was established for power. Power
for raising money, over trade, responsibility for indegineous people.
The second phase is colonial federalism. This was central to government using
power to keep everything central. Quebec was upset because they feel that the
minority is threatened.
Then it is classical federalism. This phase lasted until 1930. Individual provinces
became more powerful, and it was about decentralizing. Provinces became bigger,
richer from their own money. Depression happened, provinces unable to deal with
depression alone. Until 1914-1918 World War one occurred. War brings people
together, this became central because everyone feels together. (Both war and
depression push Canada to centralized country).
Then co-operative federalism occurred, this is where provinces work together.
1945-1960. This is the process of building of welfare state. Federal government
helps assume help for welfare programs and health care. This is funded by shared
cost/conditional cost. This didnt exist before WW1.
Then Competitive Federalism. This is between 1960-1980. This included two
main things, 1) Quebec, and 2) Energy Wars. In Quebec the quiet revolution
occurred. This is growing nationalism in Quebec, general cultural shity, becomes
secular, and less catholic, less conservative, business happens more in French.
Energy Wars was between Alberta and Newfoundland. Alberta increased prices.
They cut oil and energy to Toronto. This creates western resentment and
alienation. Then the National Energy Program- centralizes control over energy.
Constitutional Federalism: 1980’s. Trudeau passes the constitution. Provinces
are treated symmetrical. Quebec never agreed to the constitution. Quebec was
asymmetrical federalism. A) Meech Lake Reform: 1987- attempt at constitution,
fails! – Quebec wanted to be recognized in five ways. 1. Recognition as a distinct
community 2) veto over constitution on change power 3) supreme court
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representation 4) limited federalist spending : spending money policies 5) share
responsibility over immigration into Quebec.
Collaborative Federalism: provinces attempt to work together. Make
connections with different countries. SUFA (social union for Canadian)- building
national standards for welfare, health care, and education. Same level but share
wealth. From Ontario to P.E.I.
3.What are some of the critiques of the Senate? What are the proposals for reform of
the Senate? Do you think reform of the Senate will enhance democratic practices
in Canada?
-The three purposes of senate are; 1) sober second thought and to protect wealthy
minority (over 30 and rich ), 2) to represent regions, and 3) technical support for Bills.
Senate still does technical support but not the other two. Has to be done by the Royal
-The power of composition of Senate are to formally can veto any bill, and today it can
only delay convention. There are four regions (ON, Quebec, West, and Maritimes). Each
area has 24 representatives, but Newdoundland has 6 representatives, and Territories have
3 representatives. A total 105 representatives. Getting to be a senate by being appointed
by Governor General on advice of Prime Miniser.
-The senate reform has always been high on the political agenda. One option is abolition,
because of the undemocratic nature of the Senate and its traditional links to the business
community. Colin Campbell also recommended abolition because of the Senates
illegitimate defense of corporate interests and impossibility of making the institution
more effective and more democratic without interfering with the will of the House of
Commons. Many reformers have advocated reactivating the Senates role of representing
regional and provincial interests at the federal level because of the existing mechanisms of
intrastate federalism have been flawed.
4.Explain the two main roles of the Judiciary. What powers do the Judiciary have that
influences the policymaking process? Identify two cases in which the Judiciary
influenced legislation and explain how. Do you think that there has been a
‘judicialization’ of politics?
The main roles of the Supreme Court in policymaking process has been created by
the Supreme Court Act in 1875. There are two main roles of the judiciary. The
first role is to umpires of federalism. This is to settle jurisdictional disputes. The
second role is to be guardians of the charter. This means the judiciary protects
citizens from government, and protects minorities fromtyranny of the majority.
The key powers that the judiciary has are judicial interpretation, judicial review,
and judicial reference.
One case in which judiciary influence legislation is between Morgentaler and the
Queen. In 1969 Dr. Henry Morgentaler emerged as one of Canada's most
controversial figures when he broke the law and opened the country's first
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