Federalism

1. Chapter 7 Federalism

2. Learning Objectives • Understand federalism • Origins of Canadian federalism • The division of powers • Courts and federalism • Quebec • Centre-periphery relations • Intergovernmental relations • Financing federalism

3. 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.

4. 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

6. 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.

7. Confederation Settlement • Incorporated into the 1867 BNA Act. • This Act in fact made the provinces subordinate to the federal government.

8. Five Principal Components. • Division of powers • Division of financial resources • Federal controls • Provincial representation in central institutions. • Cultural guarantees.

9. 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.

10. Provincial Power • Provinces establish the municipal level of government. • They also govern school boards and have those elected separately from the municipal governments.

11. 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.

12. 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.

13. 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.

14. 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.

15. Constitutional Amendments • There have only been five formal amendments concerning the division of powers. • 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.

16. Finance • Taxation Agreements – coordination of taxation between the two levels of government. • Federal tax is standard across the country, while provincial tax varies.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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

25. 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.

26. Post-Confederation Ethnic/Linguistic Conflicts • The Riel Rebellions • Bilingualism in Manitoba • Bilingualism in Ontario: Regulation 17 • The First Conscription Crisis • The Second Conscription Crisis

27. The Quiet Revolution • Prior to 1960 • Traditional • Conservative • Rural • Poorly educated • Patronage-oriented society • Heavily dominated by the Catholic church

28. The Quiet Revolution • Dramatic change of values and attitudes • Urbanization • Democratization • Modernization • Secularization • Bureaucratization

29. 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.

30. 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

31. 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.

32. 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.

33. 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.

34. 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.

35. 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.

36. 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?

37. 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.

38. Executive Federalism • Negotiations between prime ministers and premiers or their cabinet ministers. • Typically held in camera. • Does not involve the legislatures.

39. Lack of Public involvement • Does not involve public debate. • Distorts the political agenda by focusing on territory. • Fuels government expansion. • Perpetuates intergovernmental conflict

40. 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