-
Donald Smiley’s three basic principles of federalism,
- (1) a federal state is premised upon “a constitution that distributes
- the powers of government between central and regional governments”; (2)
- “The elements of the constitution related to the respective powers of
- the regions are not subject to change by the action of the central or
- regional governments alone”; and (3) “Individual citizens and private
- groups are subject to the laws and other authoritative exercises of
- power by both the central and regional governments
-
what is included in Section 91?
- urisdictions like national defence, criminal law, the postal service,
- currency, and the census, it is entitled to raise monies through “any
- mode of system of taxation.”10 The federal government
- oversees all forms of inter-provincial transportation and
- communication. The federal government regulates the banking industry,
- trade and commerce, and copyrights
-
Peace Order and Good Government (POGG) of Canada
- grants Ottawa the residual power to make laws for the Peace Order and
- Good Government (POGG) of Canada. The POGG clause may sound somewhat
- vague or cryptic, but if the Fathers of Confederation deliberately
- couched the federal government’s residual power in ambiguity, they did
- so only to ensure that Ottawa could claim jurisdiction over whatever
- was not explicitly identified in the BNA Act.
-
Section 92
- capacity of direct taxation; the incorporation of companies; property
- and civil rights; and the ability to raise revenue from the licensing
- of shops, saloons, taverns, and auctioneers. In addition to these
- “housekeeping” powers, the provinces were also granted jurisdiction
- over hospitals and healthcare, education, natural resources, and
- municipal institutions
-
reservation
where it could instruct its self-appointed lieutenant governors to“reserve” pending provincial legislation for federal approval
-
disallowance
where it could simply veto provincial legislation even if it had been signed into law by a lieutenant-governor; or it could simply seize control over a “local work or undertaking for the general advantage of Canada” under its declaratorypower.
-
Canada’s constitution is composed of three parts
- written documents,
- court rulings (i.e., common law) and
- constitutional conventions
-
1992 Charlottetown Accord
- every province has veto
- Quebec’s distinct society clause, it would also include a Canada clause.
- The Charlottetown Accord attempted to address First Nations’concerns with respect to Aboriginal self-government.
- Charlottetown also pledged to act on Western calls for Senate reform
-
Letters Patent
the governor general to channel the formal powers of the Crown as per the Letters Patent which confers “all powers of the monarchy” with respect to Canada
-
Cabinet solidarity
if a government has any hope of successfully passing its legislative agenda, it must enforce “party” discipline within the Cabinet by premising a minister’s Cabinet position on his/her willingness to publicly support the government
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