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Some basic features
One of worlds oldest, most successful federations
A federal state underpinned by a federal societyand a federal economy
One of the worlds most decentralized federations Federal-provincial relationship is one of equality
and partnership, not hierarchy, paternalism
A negotiated country
A multinational country
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ORIGINS AND HISTORICAL EVOLUTION
OF CANADA/1
First encounters:
Aboriginals and Europeans
French and English: accommodating difference fromthe beginning
Confederation 1867
Coming together the British North Americancolonies for economic and political security
Coming apart accommodating French-Englishdifference
Development Canada extended from sea to sea tosea, completed 1949
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Contemporary Canada
A vast country
10 provinces; three territories.
Large variations in population, size, economic
base, incomes, population makeup A diverse country: key dimensions --language, region, Aboriginal peoples;multiculturalism
A liberal state that blends market economyand social democracy. High rating on UNHuman development Index
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CONSTITUTIONAL STRUCTURE
Two Key Constitutional Documents
Constitution Act, 1867: establishes a federal and parliamentarysystem. Canada remains a British country --- independence
comes step by step, not from revolution, as US
Constitution Act, 1982: The Charter of Rights and Freedoms;amendment formula, patriation (Constitution no longer a Britishlaw)
Continuing constitutional debate
Constitutional Principles: as stated by Supreme Court of Canada,1998: democracy, constitutionalism and rule of law; federalism;respect for minorities. Deeply ingrained in elite and popularculture
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DIVISION OF POWERS BETWEEN OTTAWA
AND THE PROVINCES
Peace, Order and Good Government a federalresponsibility suggests potential sweeping power forcenter, but
Sections 91 and 92 of the 1867 Constitution set out federaland provincial powers in detail. POGG becomes anemergency power not a general power
Watertight compartments only two areas of concurrentpowers
Reality in 2008 many more areas of concurrency asgovernment has moved into new areas (environment,communications, etc.), or areas once of little concern togovernment become more important (education, healthcare)
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Logic of Division of powers
Ottawa: foreign affairs and defense; nation-building; the economic union (trade andcommerce, banking, etc.). Basic
responsibility for social security old agepensions, unemployment. Criminal law
Provinces: mainly social and cultural matters;education, welfare, health care; infra-
structure; much economic regulation,promotion of economic development
But no clear distinctions
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Constitutional amendment
Until 1982, Canada must ask UK to amendconstitution.
1982 Constitution establishes a Canadianamending formula.
Most changes require support of federalparliament plus legislatures of 7 provinceswith total 50 per cent of population; somerequire unanimity
Makes amendment very difficult
No popular ratification
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Fiscal Federalism
Provincial proportion of total government revenue andspending highest in world
Trend since 1950s greater provincial role
Federal government and provinces have virtually identicalpowers to impose taxes, borrow
Intergovernmental transfers important, but smaller than inmost federations; fewer conditions than in most federations
Equalization a central part of the Confederation bargain
High degree of coordination in fiscal policy
But current debate over vertical and horizontal fiscal
imbalance Federal spending power, allows it to use its resources to
influence provincial priorities. Controversial, but vital elementof flexibility
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Role of Courts
Unified judicial system, federally appointed.
To 1949, Canadas highest court in UK
UK courts radically re-interpreted Constitution
to weaken federal powers, strengthen
provinces.
Since 1949, Supreme Court has sought to
balance federal and provincial powers, andplayed crucial role in constitutional wars
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Change over time
Original division of powers gives wide powers forcenter to dominate provinces e.g. disallowance andreservation. Canada in 1867 only quasi-federal.
Provinces resist federal power; courts re-interpret
constitution to limit federal power 1930s depression, World War II, and postwarconstruction of the welfare state shift power back toOttawa
From 1960s rise of Quebec nationalism, completion of
welfare state, and growing importance of areas underprovincial jurisdiction all shift power again
Today almost all constitutional jurisdictions are sharedand concurrent
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Intergovernmental Relations
Complex mix of cooperation and competition
An informal process: institutions and procedures not set out inlaw or constitution
Intergovernmental agreements set out shared priorities andclarify roles and responsibilities, but have no legal status
Two elements: FPT (all three); PT (provinces and territoriescooperating)
First Ministers, Ministers, and officials meetings and councils
Important successes in coordinating policy, but worryingemphasis on turf protection, credit claiming, blame-shifting
and buck-passing Worry about the democratic deficit decision-making behind
closed doors, little public participation, lack of accountability
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Other elements in political
system affecting federalism An electoral system that rewards small, regional parties
Result: a regionalized party system; today no truly nationalparty
Power concentrated in PM and cabinet: minority regions mayfeel frozen out
A Senate that fails to represent provinces These weaknesses at the center are a major reason for
strength of provinces
Separated federal and provincial political systems: littlemobility of officials and politicians; helps explain competitive
relationship. An independent Supreme Court that often plays an important
balancing role
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The Quebec Debate
Quebec as homeland of French-speaking
Canadians
Historically argued for provincial power
and resisted federal power
Modernizing revolution in 1960 leads to
growth of Quebec nationalism masters in
our own house.
Three competing strategies
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Quebec options/1
National bilingualism: Strong Quebecrepresentation in government; minoritylanguage services across country; focus
on individual rights, Canada-wide values Renewed federalism recognition of
special role of Quebec; asymmetry;language laws to protect French language
Independence, secession: usually linkedto association or partnership
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Quebec/4
Quebec sense of nationhood remains
But drive for independence has weakened
Post-national new world allows forgreater flexibility in relation between stateand nation
Canadian achievement: a debate about
very existence of the country conductedpeacefully and democratically on bothsides
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Province-building elsewhere
Other provinces emulate Quebec searchfor more power
See selves as responsible for broad
economic and social development,including a greater international role; resistfederal intrusions.
Extensive provincial innovation, examples:Saskatchewan (public health care);Quebec (child care); B.C. (carbon tax)
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Current Issues/1
Quebec: remains central to almost all Canadiandebate; lower on the agenda today
Oil and gas: Concentrated in Alberta
Provinces own natural resources, gain greatestbenefits from royalties, employment, etc. Ottawahas limited powers corporate taxation, exports.
Result: rapid growth of Alberta revenues,
increases disparities; strains equalization system;threatens manufacturing because of rise of dollar
Earlier federal intervention (1970s) createspolitical crisis. Caution today.
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Current issues/2
Aboriginal peoples search for justice
Is federalism a template for them: self-government for First Nations?
Challenges of size, capacities
Multiculturalism: all levels haveresponsibility to integrate new Canadians,
but main solutions lie outside federalism Enhancing transparency, accountability,
effectiveness of IGR
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CONCLUSION
Began as a Quasi-Federation: Now Is a Genuine Federation
Began as a Highly Centralized Federation: Now Is a HighlyDecentralized Federation
Division of Powers - Began With a System of WatertightCompartments: Now Powers and Responsibilities of Each
Order of Government Collide; Entanglement and Competition
The Federal Government Had a Paternalistic, Oversight Role at theBeginning: Now Provinces Are Autonomous and Two Ordersof Government Are Equally Sovereign in Their Spheres ofJurisdiction
Canada Had in 1867 and Still Has Today a Federal SystemDominated by the Executive at Both Levels
Quebecs Status in the Federation Remains Formally Unresolved,
But Life Goes On