Poli 110 - Into to Canadian Politics - Ch. 7 - 8

A system of government with two constitutionally entrenched orders of government. One government is responsible for matters pertaining to the entire country, and the other order of government provides a range of services at a more local level. In Canada, the two orders of government are the ten provinces and the federal government in Ottawa. The territories are seperate entities under the authority of the federal government

Literally means supreme authority. In Canada sovereignty is divided between the federal and provincial governments

The interaction between the different governments in the Federation, especially between the federal government and the provinces, but also between provinces and municipalities, Aboriginal peoples and governments of all levels, and even relationships across the border with the state government

Refers to an area of responsibility that is shared between two or more orders of government. In Canada, agriculture and immigration are shared between the federal government and the provinces.

Refers to the separate and often overlapping areas of jurisdiction between the provinces and the federal government. The powers of each order of government are listed in section 91 and 92 of the Constitution Act 1867

A legal system that is descended from Roman law and is still used by the non English speaking parts of Europe and much of Africa. Rather than relying on judge made president, civil law instead uses a comprehensive Civil Code that is written by the legislature. In Canada, Quebec still uses a civil law and thus maintains its own Civil Code, the code civil du Quebec.

A type of federalism in which the provinces exercise in different powers

Refers to a country that is only partially federal. It might have certain qualities that federations have, but lacks some others. In Kwasi federal systems the central government is usually able to control and override the provinces or States

The constitutional power given to lieutenant governors to refer legislation passed by provincial legislators to the federal cabinet for approval

The constitutional power given to the federal government to override or negate any legislation passed by the provincial legislators

A legal concept that refers to any constitutional provision that has fallen into disuse and consequently may no longer have force or effect

A clause that is located in the preamble to section 91 of the Constitution Act 1867. That the Federal Parliament shall have the ability to make laws for the "peace order and good government of Canada".

The Court of Final Appeal for all colonies in the British Empire. It remains the final court for some independent countries such as Jamaica and other islands in the Caribbean.

The theory that each order of government in the Federation is legally equal and should each operate independently of the others.

Refers to all matters not specifically enumerated in the Constitution. Each Federation has to determine which government will have responsibility for matters not explicitly allocated by the Constitution.

The very broad swath of responsibility allocated to the provincial governments in section 92, subsection 13, of the Constitution Act 1867. This is why people have to register their homes and cars with the provincial government. Civil rights also include things like insurance and contract law.

a legal term that refers to the essence of a law

Refers to both the distribution of taxation powers in the Federation as well as the transfer of money between the federal and provincial governments.

The categories of taxation where governments raise revenue. There are many different categories, but the most important ones today are personal income tax, corporate tax, and sales tax.

Grants that are provided by the federal government to the provinces on the condition that the money be used for particular purposes, such as financial health care.

The first tax rental agreement that's all the provinces "rent" their tax fields to the federal government revenues over the life of the agreement.

A measure required in federal political systems to ensure that the combined tax rates of the federal and provincial governments are not to owners for taxpayers or that the to taxation systems are not working at cross purposes.

Monies that are transferred from the federal government to provincial governments to pay for services. The Canada Health transfer is one such transfer payment.

The comprehensive set of programs and services that were established following World War II that today make up the modern welfare state in Canada. Programs like universal health care, the Canada Pension Plan, the public education system, and employment insurance are important pillars of the modern social Union.

A series of reports by the federal government written at the end of World War II that proposed the creation of the modern welfare state in Canada.

The cooperation of the federal government and the provinces in the delivery of programs and services to citizens. It stands in contrast to the theory of classical federalism, in which the two orders of government operate independently of each other in their areas of jurisdiction.

An Act introduced in 1976 as a new federal transfer to finance provincial social programs including health care. It introduced the concept of block transfers in Canadian fiscal federalism rather than cost sharing.

Fixed sums of money provided by the federal government to the provinces to finance social programs and health care. They were introduced with the Established Programs Financing Act in 1976.

A means by which the federal government provides money to the provinces to finance provincial programs. With tax points, the federal government cuts its tax rates in one text field such as income tax, and the provinces increasing their tax rates in this field by a corresponding amount.

A system of government whereby different ethnic or cultural groups share power, usually in the form of a coalition government with different parties representing the different cultural groups in the country.

The Canadian system of government inherited from Great Britain in which ministers are responsible to Parliament and the crown

A law passed by the British Parliament in 1931 that granted the dominions in the British Empire control over their own foreign affairs

The theory that each order of the government in the Federation is legally equal and should each operate independently of the others

The ability of the federal government to spend money on programs and services that are outside its jurisdiction

The ability of provincial governments to remove themselves from national shared cost programs and receive compensation from the federal government. However, provincial governments must still establish comparable programs with similar standards.

The main sovereignist party in Quebec. It is a provincial party that is dedicated to making Quebec a sovereign country.

The proposal made by Rene Levesque for a new constitutional arrangement between Quebec and Canada, where Quebec would receive more powers and jurisdiction but would still be loosely affiliated with Canada.

The procedure used to amend a constitution. Before patriation, Canada did not have its own, but instead relied on the British Parliament for constitutional amendments.

Two separate but related interpretations of the origins of the Canadian Constitution. The first one states that Canada was a creation of all of the provinces in the form of a contract. The second states that Canada was a creation of two peoples, English and French

The second compact theory, which states Canada was a creation of two peoples, English and French.

A policy adopted by the Liberal Party of Canada in 1971 that the caused Canada to be a bilingual and multicultural country.

A Quebec based terrorist group that sought to establish an independent, socialist Quebec through an armed struggle.

An Act of Parliament that was invoked during wartime that curtailed civil liberties. It was invoked during the October crisis in response to the kidnappings and bombings conducted by the FLQ, it has since been replaced with the emergencies act.

A series of events that occurred in 1970 when the FLQ kidnapped a British diplomat and a Quebec cabinet minister. The war Measures Act was invoked in response and lasted for the duration of the crisis

The premiers of eight provinces that opposed Prime Minister Trudeaus plan to Patriotate the Constitution. Only Ontario and New Brunswick supported Trudeau, and consequently they were not members of this group

Stipulates that most constitutional amendments require the consent of the federal government and 7 of 10 provinces representing 50 percent of the population. Also known as the seven / 50 rule

The term commonly used for the general amending formula in the Constitution

Refers to section 33 of the Constitution Act 1982. It allows Parliament or a legislature to protect legislation that violates section 2 and / or section 7 to 15 of the Canadian Charter of Rights and Freedoms. It expires after 5 years, and must be repassed if it is to remain in effect.

Refers to the episode featuring the patriation negotiations during which all provincial premiers except premier Leveque of Quebec were included in a late night last minute deal on patriation.

Payments provided by the federal government to the provinces to finance provincial programs such as health care

A single transfer that replaced the Established Programs Financing Act in 1995 as the primary federal transfer for provincial health and social programs

Transfers created in 2003 to ensure more accountability surrounding how provinces spend money transferred from the federal government

A federal expenditure program that is constitutionally entrenched in section 36 of the Constitution Act 1982. It ensures that the provinces are able to offer comparable levels of service with roughly comparable levels of taxation, meaning that Canadians are insured to receive roughly comparable levels of service for roughly comparable levels of taxation anywhere in the country.

An analytical tool used by the federal government to calculate the physical capacity of each province for the purposes of the equalization program.

Agreements negotiated between the federal government and Nova Scotia and Newfoundland. These enabled Nova Scotia and Newfoundland to receive royalty payments from offshore oil and gas resorces as well as continue to receive a portion of their equalization payments.

The phenomenon whereby First Ministers, (the prime minister, and the various provincial premiers) serve as the main nexus of interaction in intergovernmental affairs.

The institutions that sits at the apex of Canada's system of executive federalism. The first ministers meeting sits at the very top of this complex system

The institutions that sit below peak institutions in Canada's system of executive federalism. They coordinate various federal / provincial programs and initiatives

A meeting of the Prime Minister and all provincial premiers. It is the highest level of interaction in Canada complex system of executive federalism. It is sometimes called the First Ministers conference

The body of all premiers that needs roughly twice a year. It maintains a permanent Secretariat to coordinate these meetings.

A meeting of all for Western premiers plus the three territorial leaders. It occurs annually

A meeting of all four Atlantic premiers . It meets annually

A campaign proposal made by the Conservative Party of Canada in the 2006 elections to create a more positive relationship with the provinces, but little has been done to develop or institutionalize the concept since it was first proposed.