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Understanding Canadian Constitutional Context and Federalism in 21st Century

Explore the Canadian Constitution, its amending formulas, and the challenges faced in constitutional negotiations such as the Meech Lake and Charlottetown Accords. Learn about federalism, the rationale for uniting, and the division of powers within Canada. Understand the trends in Canadian federalism post-Confederation and the factors influencing decentralization and entanglement between federal and provincial governments.

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Understanding Canadian Constitutional Context and Federalism in 21st Century

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  1. SECTION ONE: The Context Part One: The Constitutional Context

  2. The Canadian Constitution:What’s it Do? • legislative system • bicameralism (House of Commons and Senate) • modes of representation • H of C – representation by population • Senate -- regional • federalism • Charter of Rights and Freedoms • amending formulas

  3. 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

  4. Amending the Constitution...How Difficult? • Meech Lake Accord • proposed in 1987, failed in 1990 • lesson: negotiations could no longer be undertaken behind closed doors

  5. Amending the 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

  6. Amending the 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)

  7. Amending the Constitution...How Difficult? • very difficult!! • the result?? • constitutional arrangement frozen into place without Quebec’s agreement and with little prospect for change

  8. Part One: The Constitutional Context Federalism

  9. Rationale for Uniting... • economic • military/security concerns

  10. Rationale for Federalism • why NOT large, unitary government • existence of Quebec as a separate nation • smaller colonies reluctant

  11. Federalism – What is It? • orders of government • NOT levels of government • division of powers • judicial review

  12. Rationale 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”

  13. Division 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”

  14. Trends in Canadian Federalism • decentralization • entanglement

  15. Level of Centralization Small Unitary Gov’ts Large Unitary Gov’t (Confederation) Federalism Decentralized Federation Centralized Federation Canada 2001 Canada 1867

  16. Explaining Canadian Decentralization • lack 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

  17. Federal-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

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