Cooperative federalism

Dualism and exclusivity

There is cooperation to transgress (cf JBNQA)

cooperation may not always be a good thing, part of it is a legal story, and a desire approach

Dualism = respects gov autonomy but strictly separates jurisdictions, exclusivity is important and cannot ignore boundary

Historically, many decisions in favor of Prov → dualism now seen as arbitrary and anachronistic

legislative interdelegation

RE: AGNS &AG CAN 1951→ want to pass rule so that two levels of gov can delegate powers to one another

Refused by SCC bc exclusivity matters, would directly amend BNA, revockability is unrealistic, understanding that delegatee is of lesser standing, and thus against idea of federalism

Dualism and exclusivity

There is cooperation to transgress (cf JBNQA)

cooperation may not always be a good thing, part of it is a legal story, and a desire approach

Dualism = respects gov autonomy but strictly separates jurisdictions, exclusivity is important and cannot ignore boundary

Historically, many decisions in favor of Prov → dualism now seen as arbitrary and anachronistic

legislative interdelegation

RE: AGNS &AG CAN 1951→ want to pass rule so that two levels of gov can delegate powers to one another

Refused by SCC bc exclusivity matters, would directly amend BNA, revockability is unrealistic, understanding that delegatee is of lesser standing, and thus against idea of federalism

Concurrency via double aspect doctrine

indices inter gov coop → more flexibility to legislate for both govs

what actually induces coop is not directly from double aspect but threat of fed coercision

Policy innovation

viewed as fed virtue, bc vs unitary state, creates a bunch of mini labs → leads to better policies bc can try without putting everyone at risk, policy transfer mechanism

Downsides

voters can punish politicians for innovations deemed useless, new policy mainly motivated by electoral risk

public goods→ info is available to everyone +incentive from other subnational groups to free-ride

Case study: policy on climate change

Boyd’s reading: policy transfer

climate change in CAN = pb of 5 prov (ONT, QC, BC, SK, AB) → for climate policy to work, need them

Provinces have been innovators in climate change policies through different mechanisms, linked to underlying interests

Policy response also international coop (cf Cali, working with other prov and states)

Before 2015 no real policy vs climate change from fed