Federalism

Federalism and Related Concepts

Pure Unitary Systems

  • All sovereign authority is vested solely in the national government.

  • All other forms of government are subordinate to the national government.

  • No governmental body other than the national government possesses legislative authority over it.

Devolved Government

  • Refers to the act of transferring powers from a central government to local governments, while still maintaining conformity with the overarching constitution.

  • Represents a subset of unitary governments.

  • Despite the transfer, all power remains at the discretion of the national government.

Federalism

  • Defined as a constitutionally based system that divides powers among different levels of government.

  • The federal government lacks the authority to dissolve provincial governments, preserving their legal autonomy.

Confederation

  • Described as a permanent but limited union of sovereign states that collaborate for common purposes.

  • Member states work together and consent to be bound by mutual agreements.

A Divided Crown

  • Refers to a monarchy wherein sovereignty is distributed among various levels of government.

  • Unlike federalism, there is no hierarchical structure; all levels are constitutionally recognized.

  • Canada's federation is influenced by historical contexts such as British governance and the U.S. Civil War.

Levels of Government

Federal Government
  • Historical acquisition of Rupert's land by the federal government.

  • Over time, significant portions of the Northwest Territories have transformed into individual provinces.

Territories
  • Each territory maintains its own premier, legislative assembly, cabinet, and commissioner.

  • While provinces enjoy sovereignty, territories operate primarily under powers delegated by the federal government.

  • Functionally, territories behave similarly to smaller provinces.

Municipal Governments
  • Recognized as creations of provincial governments.

  • A vast majority of Canadians reside in urban areas and these municipal governments are wholly subject to the authority of provincial governments; they are not subordinate to federal government regulations.

Centralized Intent

  • Reservation: A measure allowing the federal government to withhold the passage of provincial legislation.

  • Disallowance: Grants the federal government the power to veto and nullify provincial legislation within one year of its passage.

  • The legal framework permits the Queen, by virtue of the cabinet's advice and consent, to uphold laws concerning peace and order in Canada.

Federal Paramountcy

  • Federal laws are deemed authoritative in situations where federal and provincial laws conflict within concurrent jurisdictional areas.

Residual Power

  • Any governmental powers not explicitly identified within the constitution are automatically ascribed to the federal government.

Declaratory Power

  • Federal government possesses the authority to declare particular issues as falling within their jurisdiction.

Federal Spending Power

  • The federal government in Ottawa has the latitude to allocate funds in a discretionary manner.

  • This power enables the federal government to exert influence over provincial matters by imposing policy dictates in areas that are generally under provincial jurisdiction.

A Decentralized Outcome

  • Both the United States and Canada have diverged from their initial federal objectives.

  • Canada is recognized as one of the most decentralized federations globally.

  • Issues that were not significant in 1867 have gained considerable importance in contemporary discussions.

Asymmetrical Federalism

  • In this system, powers among different provinces can be unequally distributed.

  • Some provinces may be overrepresented in federal parliamentary bodies such as the House of Commons and the Senate.

  • Specific areas of jurisdiction such as language, education, immigration, and civil law demonstrate notable variances, particularly in the province of Quebec.

Executive and Functional Federalism

  • Executive Federalism: This model illustrates a system where elected officials from both federal and provincial governments engage in making public policy decisions.

  • Functional Federalism: This approach emphasizes that civil servants are primarily responsible for carrying out a majority of intergovernmental activities.

Treaty Federalism

  • A model which posits that there are not only two levels of government.

  • Introduction of the Two-Row Wampum: A ceremonial beaded belt that symbolizes the coexistence and parallel governance of Indigenous peoples and federal authorities.

  • Nunavut: Generally operates as a public government yet is elected by an indigenous majority, incorporating traditional values and processes into governance.

  • Indigenous nations with reserves have seen the greatest success in asserting claims over their traditional territories.

  • Comprehensive land claims are aimed at reinforcing Indigenous sovereignty.

Fiscal Federalism

  • Refers to the financial relations that exist between federal and provincial governments.

  • Vertical Fiscal Imbalance: A scenario wherein the federal government commands a larger volume of revenue compared to its constitutional responsibilities.

  • Horizontal Fiscal Imbalance: A situation where certain provinces possess a greater financial capacity to meet their constitutional responsibilities than others.

Equalization
  • Stemming from the Constitution Act of 1982, Section 36(2):

    • "Parliament and government are committed to the principle of ensuring that provincial governments have sufficient revenues to provide reasonably comparable services".