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".