Week 4 Reading Notes

Still need to add Hueglin reading notes

Unitary

A system of government in which all sovereign authority of a nation-state resides in one governing body — the national government. Power can be delegated to lower levels of government, but also unilaterally revoked.

Federal

Authority is constitutionally divided between two levels of government, neither of which holds sole sovereign authority. Authority is derived from the constitution, and cannot be unilaterally revoked.

Three Levels of Government

Federal, provincial and municipal. Municipal governments are under the jurisdiction of provincial governments.

Section 91

Establishes the exclusive legislative jurisdictions of the federal government. Places residual powers in the hands of the federal government.

Section 92

Establishes the exclusive legislative jurisdiction of the provinces.

Quebec Conference of 1864

Where the Fathers of Confederation agreed to the creation of a federal, two-level system)

Objections to Federalism at Confederation

• Seen to have failed in the US — divisions and weak structure seen to have led to the Civil War

• More costly than a unitary government, could incite divided loyalties

Disallowance

The principle in CA 1867 (now long-obsolete) that a federal government had the annul any provincial legislation that it disapproved of.

Reservation

The obsolete principle from CA 1867 that gave the federal government the “right to reserve” provincial legislation, or withhold royal assent.

Centralized

A federal system where power is largely concentrated in the national government. The original goal of the Fathers of Confederation.

Decentralized

Through Supreme Court interpretation of the constitution, the balance of power in Canada has significantly shifted to the provinces. The federation is now among the most ________ in the world.

Quasi-Federalism

• 1867 - 1896

• During this era, the national government was much stronger than the provincial governments

• Provincial-federal relations analogous to colonial relationship between Britain and Canada

• Provincial legislation frequently reserved or disallowed

Classical Federalism

• 1896 - 1914

• Began with the election of Wilfrid Laurier and the rise of the Liberal Party

• Federal-provincial balance of power more equal

• Courts handed down series of important constitutional decisions that eroded federal powers and expanded scope of provincial jurisdictions

Fiscal Federalism

• An elaborate web of provincial-federal financial relations that has grown out of an imbalance between provincial power and self-financing capabilities

• Can be divided into three distinct branches: taxation, federal spending power and equalization

Direct Tax

Wherein the taxpayer is taxed directly by the government. Ex. income tax.

Indirect Tax

Tax is not collected directly from the taxpayer. Ex. custom duties, excise taxes, HST. Merchant pays the tax, but then passes it on/collects it from the individual customer.

Tax Room

The amount of control that a level government has in joint occupancy of major fields of taxation.

Federal Spending Power

Ottawa’s power to spend its money as it pleases. Has historically allowed the federal government to wield massive political power in areas of provincial jurisdiction, including healthcare, education and transportation.

Conditional Grant

A kind of federal spending that has stipulated demands/certain principles that must be respected.

Unconditional Grant

Transfer of large block of federal funds to each province that allow for greater discretion in how money is spent. Programs must still meet broad national standards.

Equalization Payments

An attempt to redistribute money from the wealthier to the poorer regions in order to ensure that Canadian citizens have roughly the same level of government services and taxation. Entrenched in CA 1982, but the implementation of it is governed by federal regulations.

Bicameralism

Power is shared by two separate chambers so that neither can act without the agreement of the other.

Emergency Federalism

• 1914-1960

• Balance of power swung back to federal government by WWI and WWII

• Great Depression bankrupted most provincial governments

• Only Ottawa could deliver leadership necessary for this period

Cooperative Federalism

• 1960 - present

• Provinces have greater ability to raise revenues, exercise power over jurisdictions

• Also called executive federalism

• Both levels of government supply services in each other’s jurisdictions, meaning that constant bargaining and coordination is necessary

• Regular meetings of first ministers and cabinet ministers

Council of the Federation

A council of provincial premiers that serves mostly as a vehicle to promote the idea that the federal government should give the provinces more funds and more freedom.

Asymmetrical Federalism

An approach to federalism where provinces may have somewhat different powers. Quebec would take greater control of its own affairs, and the rest of the country would remain a centralized federation.

Social Union Framework

Passed in 1999, where Ottawa agreed not introduce any new shared-cost programs in provincial jurisdictions without first obtaining the approval of seven provinces that, taken together, would represent 50% of the Canadian population.

First Ministers’ Conference

Where the premiers meet with the prime minister to wrangle over financial and jurisdictional questions.