POLI final part 1

Purposes of the Canadian state

To enhance liberty and equality.

Why live in Canada?

Because the Canadian state prioritizes liberty, equality, democracy, minority rights, and the rule of law.

Liberty in Canada

Individuals should be as free as possible to pursue their own preferences and make choices for themselves, as long as they don't harm others (Harm Principle).

Examples of liberties in Canada

Economic freedom; tax freedom; minimum wage as a living wage; freedom of abortion; freedom to own guns (with exceptions).

Harm Principle

The idea that individuals should be free to do anything as long as it doesn’t harm others.

Equality in Canada

Equal consideration of each citizen's interests and equal rights and privileges.

Examples of equality

Equal treatment in courts of law; efforts toward social equality; addressing economic inequality.

Freedom and equality

Through norms, rules, and institutions such as democracy, minority rights, constitutionalism, and the rule of law.

Democracy in Canada

A form of government in which people rule through representatives chosen to make political decisions.

Tyranny of the majority

The domination of minority groups by majority rule; Canada addresses it through federalism and entrenched rights protections.

Constitutionalism

The idea that government power is defined and limited by a supreme set of rules, especially constitutional rights.

Rule of law

The principle that all governments and citizens are constrained by legal rules.

Regionalism in Canada

A shared sense of purpose and identity within subnational regions.

Governing challenges

Geography: An "unnatural country"; Economics: Center-hinterland divide; Social diversity: Immigration and multiculturalism.

Economic structure

Regional economic activities and the importance of primary industries.

Managing diversity

Through immigration and policies promoting multiculturalism.

Themes in Canadian politics

Regionalism and geography; economic structure; social diversity.

Constitution of Canada

A set of supreme, fundamental, and agreed-upon rules according to which a state is governed, including written laws and unwritten conventions.

Purposes of a constitution

Defining the state and its values; structuring authority; limiting power.

Constitution Act, 1867

The original constitution and founding document of Canada; created the "Dominion of Canada"; modeled "similar in principle to that of the United Kingdom".

Political authority 1867

Executive Power: King/Queen, Governor General, advised by Privy Council; Legislative Power: Parliament (King/Queen, Senate, House of Commons); Division of Powers: S. 91 (Federal), S. 92 (Provincial).

1867 constitutional principles

Constitutional Monarchy; Representative Democracy; Minority Rights (Federalism).

Limits of 1867

No explicit executive processes; no Supreme Court or judicial review powers; no explicit rights protections; no clear amending process.

Constitution Act, 1982

Patriated the constitution; completed constitutional functions; enshrined new political values and aspirations.

Charter of Rights and Freedoms

Limits government power; lists guaranteed rights: fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, language and educational rights.

1982 constitutional changes

Recognition of Aboriginal rights; equalization as a constitutional principle; new amendment rules: General procedure ("7/50"), Unanimous consent (for Crown, Senate abolition).

Post-1982 politics

Failed attempts to bring Quebec into the constitution (Meech Lake, Charlottetown); Quebec referendum in 1995; shift to constitutional exhaustion.

Constitutional conventions

Non-legal, unwritten rules of conduct with wide and general agreement.

Responsible government

The government must maintain the confidence of the elected House of Commons. If confidence is lost, the government must resign or call an election.

Responsible gov conventions

Crown appoints a government likely to have confidence of the House; Crown acts only on government advice; Ministers should be MPs or senators; political executive operates under collective responsibility.

Government types in Canada

Majority Government: Governing party holds >50% of seats; Minority Government: Governing party holds <50% of seats; Coalition Government: More than one party governs together.

Key constitutional documents

Constitution Act, 1867: Defines Canadian state and structures authority; Constitution Act, 1982: Limits power through the Charter of Rights and Freedoms.

Federalism in Canada

A system of government with multiple levels of constitutional authority, dividing powers to ensure neither level is subordinate.

Federalism vs others

Unitary systems: Centralized authority; Confederal systems: Loose union of states; Federalism: Balances centralization and decentralization.

Reasons for federalism

Practical: Accommodates size and diversity; Normative: Enhances security, local rule, checks on power.

Division of powers

Federal powers: Established in s. 91 of the Constitution Act, 1867; Provincial powers: Established in s. 92 of the Constitution Act, 1867; Shared powers: Agriculture and immigration (s. 95).

Federal powers examples

Taxation; trade and commerce; national defense; banking and currency; Aboriginal policy; interprovincial works; criminal law.

Provincial powers examples

Direct taxation; property and civil rights; hospitals and health care; municipalities; education (s. 93); local works; natural resources (s. 92a).

Fiscal federalism

The system of financial relations between federal and provincial governments, primarily through federal transfers.

Why fiscal federalism?

Vertical imbalance: Federal government has more resources than spending demands; provinces have fewer resources than needed. Horizontal imbalance: Resource differences among provinces.

Canada Health Transfer

Block funding for health care services. Amount for 2024-25: $52.1 billion.

Canada Social Transfer

Block funding for social services and education. Amount for 2024-25: $16.9 billion.

Equalization payments

Transfers to provinces with fiscal capacity below the national average to ensure comparable public services at reasonable taxation levels.

Equalization 2024-25

$25.2 billion.

Have vs have-not

Have provinces: No equalization payments. Have-not provinces: Receive equalization payments to address fiscal disparities.

Nation-building powers

Federal powers favored nation-building through trade, defense, superior revenues, reservation and disallowance.

Fiscal federalism significance

It highlights the importance of financial arrangements and balances autonomy in a highly decentralized system.