Federalism
Chapter 7
Learning Objectives
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Understand federalism
Origins of Canadian federalism
The division of powers
Courts and federalism
Quebec
Centre-periphery relations
Intergovernmental relations
Financing federalism
Federalism
• The division of powers between central
and regional governments such that
neither is subordinate to the other.
• Neither the national government acting
alone nor the regional governments acting
together have the authority to alter the
powers of the other level of government.
• In contrast, municipal governments are
subordinate to provincial governments.
Federal, Confederal and Quasi
• Federalism system is one where there is
coordination and independence in the
constitutional sphere.
• Confederal –formal groupings of
independent stats that have agreed to
have common institutions.
• Quasi-federal – where one region has
autonomy within a border
Compromise
• The reasons for Canada joining a federation was
compromise.
• Cartier believed that the most effective way to
protect French-Canadian interests was through
a federal union.
• It was a way to reduce government instability
and deadlock in the legislature of the united
Canada.
– Give some areas to one level and keep some areas
for the federal level.
Confederation Settlement
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Incorporated
into the 1867
BNA Act.
This Act in fact
made the
provinces
subordinate to
the federal
government.
Five Principal Components.
1.
2.
3.
4.
Division of powers
Division of financial resources
Federal controls
Provincial representation in central
institutions.
5. Cultural guarantees.
1. Division of Powers
• Provinces have 16 enumerated powers
in section 92.
• Everything else, residual powers were
left to the federal government in section
91.
• Also enumerated 29 federal powers.
• Concurrent powers – agriculture and
immigration were listed in section 95.
Provincial Power
• Provinces establish
the municipal level of
government.
• They also govern
school boards and
have those elected
separately from the
municipal
governments.
2. Financial Resources
• Federal government
could levy taxes by
any mode or system,
which included
indirect and direct.
• Provinces were
expected to raise
revenue from licenses
and rely on federal
subsidies.
3. Federal Controls
• The federal appointee, the lieutenant
governor could use section 90 to reserve
provincial legislation. (Reservation).
• The federal government could disallow
provincial legislation (disallowance).
• The federal government could also place any
local work or undertaking for the general
advantage, using the declaratory power.
4. Representation
• Agreement on provincial representation in
the House of Commons and in the Senate.
• All provinces would be represented
according to population in the Commons,
but regional equality would prevail in the
Senate.
5. Cultural Guarantees
• French and English were official
languages of the country.
• Separate school systems in the provinces
were guaranteed.
• Property and civil rights were protected in
Quebec and included the civil law system.
Constitutional Amendments
• There have only been five formal
amendments concerning the division of
powers.
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1940 – Immigration
1951 – Old age pension made concurrent power.
1964 – pension increases
1949 – allowed federal Parliament to amend
constitution unilaterally.
– 1982 – increased provincial power on natural
resources.
Finance
• Taxation Agreements – coordination of
taxation between the two levels of
government.
• Federal tax is standard across the country,
while provincial tax varies.
Conditional And Block
Grants
• Block grant – sum of money given to each
province for education.
• Cost-shared – Federal government
promised to pay half if provinces adhered
to conditions.
Equalization Payments
• Federal government gives unconditional
grants to have-not provinces based on
provincial need.
• Brings up have-not provinces up to the
national average.
• Typically, Ontario, Alberta and B.C. do
not receive the payments.
Phases of Canadian
Federalism
• 1867-96 – Quasi-federalism – provinces
subordinate to Ottawa.
• 1896-1914 – Classical federalism – Two levels
were equally independent.
• 1914-1920 – Emergency Federalism – Courts
permitted federal government unlimited powers,
under War Measures Act.
• Classical and Emergency federalism shifted
between the wars.
• Post WWII- Cooperative federalism. Neither
subordinate, but still closely intertwined.
1867-96 – Quasi-federalism
• Lieutenant-governors, who were
appointees of Ottawa had the authority to
reserve approval from any act passed by a
provincial legislature for one year, or,
• to disallow the act at any time within a year
of its passage.
• The powers of reservation and
disallowance were used during this period
to ensure that the provinces did not
encroach on federal jurisdiction.
Provincial Legislatures
• Unicameral – one chamber.
• Business of provincial governments
focuses on education and health, the
largest budget items.
• Provincial governments also have a
myriad of regulations that govern the
province.
Provincial Political Systems
• Provinces are headed by the lieutenant
government, appointed by the prime
minister and who represents the Queen.
• The head of government is the premier.
• Members of the legislature are called
MLAs, MPPs in Ontario, MHA in
Newfoundland, and MNA’s in Quebec.
POGG
• Peace, Order and Good
Government
– Reduced over time to
justify emergency powers
of the federal government.
– In 1975 the Supreme Court
found that POGG could be
used to justify federal laws
during peacetime.
• Anti-inflation Act
• Since that ruling Ottawa
has not used the POGG to
intrude on provincial
jurisdiction.
Development of Provinces
• French retreated after the battle of the Plains of
Abraham.
• English moved into Ontario in the 1780s.
• Lower Canada became Quebec
• Upper Canada became Ontario and was settled
by English.
• Recognized in the Constitutional Act of 1791
Bilingualism
• The failure to assimilate francophone lead
to both languages being set in the federal
government.
• Laws were passed in both languages.
• Both languages were used in the courts.
• Anglophone minority in Quebec controlled
the economy.
Post-Confederation
Ethnic/Linguistic Conflicts
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The Riel Rebellions
Bilingualism in Manitoba
Bilingualism in Ontario: Regulation 17
The First Conscription Crisis
The Second Conscription Crisis
The Quiet Revolution
• Prior to 1960
– Traditional
– Conservative
– Rural
– Poorly educated
– Patronage-oriented society
– Heavily dominated by the Catholic church
The Quiet Revolution
• Dramatic change of
values and attitudes
– Urbanization
– Democratization
– Modernization
– Secularization
– Bureaucratization
Royal Commission on
Bilingualism and Biculturalism
• Established by the Pearson Government
• Before the commission the Pearson government
gave the provinces more federal funds and
taxation power
• Removed conditions from many cost-sharing
programs
• Permitted Quebec to make international
arrangements with France.
Official Languages Act
• 1969
• Two official languages
• Full and equal access to Parliament and to
the courts
• Employment rights
• Support the vitality of English and French
speaking minorities
National Unity
• Principle political issue throughout the
Trudeau era.
• Territorial principle – recognize Quebec as
the homeland of French-speaking
Canadians
• Personality principle – treat Quebec as a
province like the others.
Bill 22
• Quebec law that gives primacy to French
in many spheres in the province.
• Immigrant children would be required to go
to French schools.
• Encourage French as the language of
internal corporate operations.
Bill 101
• Charter of the French language
• Extended bill 22 by making French the
predominant language in the province.
– Optional aspects of bill 22 were turned into mandatory
ones
– French was the only official language of the
legislature.
– Only individuals could use English in Quebec courts
– Only English speaking parents could send their
children to English Schools
– All commercials signs had to be in French.
Sovereignty Association
• A more independent relationship with
Canada.
• Quebec would have more sovereignty, but
would work with Canada more as a state
to state arrangement.
• Referendum was defeated in 1980 by
Quebeckers.
Centre-Periphery
• Windsor to Montreal corridor
– Industrial heartland
– 55 % of the population
– 60% of the national income and production.
– 60% of the 305 seats in the House of
Commons.
• Provinces outside this area are considered
the peripheries.
Intrastate Federalism
• The representation and accommodation of
regional interests within national political
institutions.
• Provincial governments are used to
protect and promote regional interests.
• Is it therefore not surprising that we have a
regionally divided parliament?
Intergovernmental relations
• While some areas are clearly within one
jurisdiction’s control, there are many shared
responsibilities and overlapping issues.
– Environment
– Health
– Education
• Examples of where there is either joint
control or of the federal government making
it a federal area by providing direct funding
or tied funding.
Executive Federalism
• Negotiations between
prime ministers and
premiers or their
cabinet ministers.
• Typically held in
camera.
• Does not involve the
legislatures.
Lack of Public involvement
• Does not involve
public debate.
– Distorts the political
agenda by focusing on
territory.
– Fuels government
expansion.
– Perpetuates
intergovernmental
conflict
Federalism Conclusions
• Federalism is a difficult and complex way
to run a government.
• It works well with countries that have some
inherent problems
– Language
– Religion
– Region
– Geography