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SECTION ONE: The Context

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

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SECTION ONE: The Context

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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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