SECTION ONE: The ContextSECTION ONE: The Context

Part One: The Constitutional Context

The Canadian Constitution:The Canadian Constitution:What’s it Do?What’s it Do?

legislative system– bicameralism (House of Commons and Senate)– modes of representation

H of C – representation by population Senate -- regional

federalismCharter of Rights and Freedomsamending formulas

Amending the Constitution...Amending the Constitution...

various formulas– range from 2/3 of provinces (with 50% of the

population) to unanimous consent– HOWEVER, no Quebec or regional veto

Amending the Amending the Constitution...How Difficult?Constitution...How Difficult?Meech Lake Accord

– proposed in 1987, failed in 1990– lesson: negotiations could no longer be

undertaken behind closed doors

Amending the Amending the Constitution...How Difficult?Constitution...How Difficult?Charlottetown Accord

– struck July 1992– referendum October 1992

No 45%, Yes 55%

– lesson: agreement difficult to achieve under conditions of broad public participation

Amending the Amending the Constitution...How Difficult?Constitution...How Difficult?effective Quebec constitutional veto

– Quebec sovereignty Referendum 1995 No: 50.6%/Yes: 49.4%

– Chretien’s parliamentary resolution (1996) recognizing Quebec as a distinct society within

Canada constitutional veto for all Canadian regions

(including Quebec)

Amending the Amending the Constitution...How Difficult?Constitution...How Difficult?very difficult!!the result??

– constitutional arrangement frozen into place without Quebec’s agreement and with little prospect for change

Part One: The Constitutional Part One: The Constitutional ContextContext

Federalism

Rationale for Uniting...Rationale for Uniting...

economicmilitary/security concerns

Rationale for FederalismRationale for Federalism

why NOT large, unitary government– existence of Quebec as a separate nation– smaller colonies reluctant

Federalism – What is It?Federalism – What is It?

orders of government– NOT levels of government

division of powersjudicial review

Rationale for FederalismRationale for Federalism

why NOT large, unitary government– existence of Quebec as a separate nation– smaller colonies reluctant

federalism a pragmatic solution to make union possible– low-cost -- provinces expected to “whither

away”

Division of Powers -- CanadaDivision of Powers -- Canada

Federal Powers– enumerated powers (s.91)– peace, order and good government– residual power– reservation, disallowance, declaratory

Provincial Powers (s.92)– enumerated powers– matters of a “merely local or private nature”

Trends in Canadian FederalismTrends in Canadian Federalism

decentralizationentanglement

Level of CentralizationLevel of Centralization

(Confederation)

Large Unitary Gov’t

Federalism

Decentralized Federation

Centralized Federation

Small Unitary Gov’ts

Canada 2001Canada 2001 Canada 1867Canada 1867

Explaining Canadian Explaining Canadian DecentralizationDecentralizationlack of representation of provincial interests within the federal government

representation of provincial/regional interests primarily through the provincial governments

existence of Quebec especially after 1960 – Quiet Revolution “maitre chez nous”

– federal society

Federal-Provincial EntanglementFederal-Provincial Entanglement

explaining entanglement– division of powers spells out tools more than areas of

responsibility– division of powers not suited to emerging policy

problems– vertical fiscal disequilibrium

elements conducive to entanglement– federal spending power

prevailing views of entanglement