The division of powers

Section IV of the BNA

talks about legislative power, senate and representation

s56: Queen has veto power within 2 years

Section V of BNA

Talks to provincial constitutions and executive power

s90: disallowance power to the feds (power to annul legislation)

Section VI of BNA

from s91 to 95

s91: exclusive fed powers

s92: exclusive provincial powers

s95: concurrent powers )agriculture and immigration)

Divison of powers through distribution of legislative power between Fed and Prov

POGG

Peace, order and good governance.

In preamble to section 91. Fed has authority to pass POGG laws that is limited by s92 → residual, emergency and national concern clauses

Presents highly centralized fed/ “quasi fed”

Lederman reading

pb of s91&92 = pb of classification bc of pb of language, classification of law is not the same as classification of facts

when challenge constitutionality of law, shall look at its full meaning and its effects

Not one true classification (hence why its difficult to classify0

Categories in s91&92 largely overlap, thus must ID what is most important aspect of law

Court interpretation changes overtime, normative interpretation

(de)centralizing forces

1) Courts: interpretation of scope of each autonomy realm has great (de)centralizing force, interpretation not based on only logic, but on normative interpretation (which is better?), look at precedent (stare dicisis)

2) Political parties: example of disallowance, politically considered unconstitutional even if legally is. Extremely centralizing force, but prov fight back!

cf Turgeon reading: for wellfare state need more centralization, so time when CAN more centralized, more wellfare state policies, but fluctuating. Absence of real labor party also explains lack of centralization compared to Australia