Podcast
Questions and Answers
Which of the following best describes the division of social policy powers between the federal and provincial governments in Canada, as influenced by the constitution and court decisions?
Which of the following best describes the division of social policy powers between the federal and provincial governments in Canada, as influenced by the constitution and court decisions?
- Social policy falls under provincial jurisdiction relating to 'property and civil rights' and 'matters of a local or private nature,' while the federal government has authority in areas such as unemployment insurance. (correct)
- The provincial governments have exclusive jurisdiction over all social policy matters.
- Both federal and provincial governments share equal jurisdiction over all aspects of social policy.
- The federal government has exclusive jurisdiction over all social policy matters.
In the context of Canadian federalism and social policy, what does 'spending power' refer to?
In the context of Canadian federalism and social policy, what does 'spending power' refer to?
- The ability of provincial governments to spend revenues as they see fit, without federal oversight.
- The exclusive authority of the federal government to raise taxes.
- The combined fiscal capacity of all levels of government in Canada to fund social programs.
- The federal government's ability to provide financial support for provincial social programs, often with conditions attached, to promote national standards. (correct)
Which of the following is an example of classical federalism in the context of social policy in Canada?
Which of the following is an example of classical federalism in the context of social policy in Canada?
- Provinces independently delivering unemployment benefits based on their own criteria. (correct)
- Federal government directly paying child benefits to citizens.
- Federal government providing funding to provinces for healthcare with specific conditions attached.
- Joint federal-provincial agreements on the Canada Pension Plan.
What characterizes 'shared cost federalism' in the context of Canadian social policy?
What characterizes 'shared cost federalism' in the context of Canadian social policy?
Which of the following best describes 'joint decision federalism' in Canada, as it relates to social policy?
Which of the following best describes 'joint decision federalism' in Canada, as it relates to social policy?
How did the introduction of universal hospital insurance in Canada during the mid-20th century exemplify shared cost federalism?
How did the introduction of universal hospital insurance in Canada during the mid-20th century exemplify shared cost federalism?
How did the Canada Assistance Plan (CAP) influence social assistance programs in Canada?
How did the Canada Assistance Plan (CAP) influence social assistance programs in Canada?
What was the key outcome of provinces seeking control over survivor and disability benefits within the Canada Pension Plan (CPP)?
What was the key outcome of provinces seeking control over survivor and disability benefits within the Canada Pension Plan (CPP)?
How did federal retrenchment of funding in healthcare during the 1990s and 2000s impact Canadian federalism?
How did federal retrenchment of funding in healthcare during the 1990s and 2000s impact Canadian federalism?
Which of the following is an example of 'classical federalism' during the 1990s-2000s?
Which of the following is an example of 'classical federalism' during the 1990s-2000s?
What was the significance of the 1977 Established Program Financing (EPF) agreement regarding healthcare and post-secondary education?
What was the significance of the 1977 Established Program Financing (EPF) agreement regarding healthcare and post-secondary education?
How do the Harper Conservatives' and Trudeau Liberals' approaches to provincial healthcare differ, particularly in terms of funding and private services?
How do the Harper Conservatives' and Trudeau Liberals' approaches to provincial healthcare differ, particularly in terms of funding and private services?
What change pertaining to CPP/QPP occurred in 2016?
What change pertaining to CPP/QPP occurred in 2016?
How does joint decision-making within the CPP/QPP affect the program's vulnerability to political pressures?
How does joint decision-making within the CPP/QPP affect the program's vulnerability to political pressures?
Why do international climate commitments strain Canadian federalism?
Why do international climate commitments strain Canadian federalism?
How do variations in greenhouse gas (GHG) emissions across different regions of Canada affect environmental policy?
How do variations in greenhouse gas (GHG) emissions across different regions of Canada affect environmental policy?
How did the approach to climate policy differ between the Harper and Trudeau governments in Canada?
How did the approach to climate policy differ between the Harper and Trudeau governments in Canada?
What federal environmental policy did the Trudeau government introduce?
What federal environmental policy did the Trudeau government introduce?
What were some key provincial reactions to the Trudeau government's carbon pricing policy?
What were some key provincial reactions to the Trudeau government's carbon pricing policy?
How did the Trans Mountain pipeline expansion impact federal-provincial relations under the Trudeau government?
How did the Trans Mountain pipeline expansion impact federal-provincial relations under the Trudeau government?
How did the election of different political parties in provinces like Alberta, Ontario and Manitoba affect federal climate policy?
How did the election of different political parties in provinces like Alberta, Ontario and Manitoba affect federal climate policy?
What persistent challenge hinders Canada’s ability to reduce emissions, according to the provided information?
What persistent challenge hinders Canada’s ability to reduce emissions, according to the provided information?
Which factor contributes to the persistent problem of emissions reduction in Canada due to its geography?
Which factor contributes to the persistent problem of emissions reduction in Canada due to its geography?
Aside from resistance from O&G producers, which of the following factors increases difficulties in emissions reduction?
Aside from resistance from O&G producers, which of the following factors increases difficulties in emissions reduction?
What is a factor that has impact to failure to reduce emissions pertaining to the US?
What is a factor that has impact to failure to reduce emissions pertaining to the US?
Which crucial element was achieved through the Constitution Act of 1982?
Which crucial element was achieved through the Constitution Act of 1982?
The '7/50 formula' within Canadian constitutional amendments requires agreement from which entities?
The '7/50 formula' within Canadian constitutional amendments requires agreement from which entities?
What characterized the federal government's initial approach to constitutional patriation under Pierre Trudeau?
What characterized the federal government's initial approach to constitutional patriation under Pierre Trudeau?
What was the primary goal of the 'Gang of 8' provinces in the context of constitutional patriation?
What was the primary goal of the 'Gang of 8' provinces in the context of constitutional patriation?
How does the requirement for unanimous provincial consent affect amending the Canadian constitution?
How does the requirement for unanimous provincial consent affect amending the Canadian constitution?
In the context of failed constitutional negotiations, what made the 1964 Fulton-Favreau formula significant?
In the context of failed constitutional negotiations, what made the 1964 Fulton-Favreau formula significant?
What was the 'Kitchen Accord' during the constitutional negotiations leading up to patriation?
What was the 'Kitchen Accord' during the constitutional negotiations leading up to patriation?
What distinguishes a 'unilateral federal procedure' for amending the constitution from other procedures?
What distinguishes a 'unilateral federal procedure' for amending the constitution from other procedures?
How did the Supreme Court of Canada (SCC) influence the patriation of the constitution?
How did the Supreme Court of Canada (SCC) influence the patriation of the constitution?
Which of the following best describes the effect of provincial challenges to unilateral patriation in courts?
Which of the following best describes the effect of provincial challenges to unilateral patriation in courts?
What is the status of aboriginal rights following the 1982 Constitution Act?
What is the status of aboriginal rights following the 1982 Constitution Act?
Why was provincial unanimity difficult to achieve in amending the constitution?
Why was provincial unanimity difficult to achieve in amending the constitution?
How does the bilateral procedure for constitutional amendments apply?
How does the bilateral procedure for constitutional amendments apply?
Which previous charter served as an basis for Trudeau that includded regional vetoes?
Which previous charter served as an basis for Trudeau that includded regional vetoes?
Why did some worry about the the nature of making QC-led changes?
Why did some worry about the the nature of making QC-led changes?
When Trudeau threatened a referendum during negotiations what was the intial reaction?
When Trudeau threatened a referendum during negotiations what was the intial reaction?
Outside the 7/50 and unanimity procedure, which is the remaining valid amendment procedure?
Outside the 7/50 and unanimity procedure, which is the remaining valid amendment procedure?
What constitutes equality that is exempt from s.33 override?
What constitutes equality that is exempt from s.33 override?
What important action did the British Select Committee on Foreign Affairs' do?
What important action did the British Select Committee on Foreign Affairs' do?
What happened after Levesque won the 1981 election?
What happened after Levesque won the 1981 election?
Which constitutional section grants the federal government the authority to levy taxes in Canada?
Which constitutional section grants the federal government the authority to levy taxes in Canada?
How can frequent changes in fiscal arrangements be described in the context of Canadian federalism?
How can frequent changes in fiscal arrangements be described in the context of Canadian federalism?
Which of the following is a critique of the federal government's use of 'spending power'?
Which of the following is a critique of the federal government's use of 'spending power'?
Which type of taxation is typically shared between the federal and provincial governments in Canada?
Which type of taxation is typically shared between the federal and provincial governments in Canada?
What is the primary purpose of fiscal transfer/equalization programs in Canada?
What is the primary purpose of fiscal transfer/equalization programs in Canada?
In the context of fiscal federalism, what does the 'vertical gap' refer to?
In the context of fiscal federalism, what does the 'vertical gap' refer to?
Which method is most commonly used to reduce the fiscal gap between the federal government and the provinces?
Which method is most commonly used to reduce the fiscal gap between the federal government and the provinces?
What is the main goal of most federations concerning horizontal imbalance?
What is the main goal of most federations concerning horizontal imbalance?
Approximately what percentage of federal transfers to provinces are unconditional?
Approximately what percentage of federal transfers to provinces are unconditional?
What distinguishes the Canada Health Transfer (CHT) and Canada Social Transfer (CST) concerning national standards?
What distinguishes the Canada Health Transfer (CHT) and Canada Social Transfer (CST) concerning national standards?
How are federal transfer payments to provinces typically funded?
How are federal transfer payments to provinces typically funded?
What criterion determines federal financial assistance through the Fiscal Stabilization Program?
What criterion determines federal financial assistance through the Fiscal Stabilization Program?
How does the Territorial Funding Formula (TFF) account for the unique circumstances of Canada's territories?
How does the Territorial Funding Formula (TFF) account for the unique circumstances of Canada's territories?
How are Indigenous governments and organizations primarily funded in Canada?
How are Indigenous governments and organizations primarily funded in Canada?
What is a key challenge associated with the complexity of fiscal federalism in Canada?
What is a key challenge associated with the complexity of fiscal federalism in Canada?
What characterized the 'shared cost/cooperative federalism' era in Canada during 1950-1976?
What characterized the 'shared cost/cooperative federalism' era in Canada during 1950-1976?
What was a significant outcome of the 1977 Established Programs Financing (EPF)?
What was a significant outcome of the 1977 Established Programs Financing (EPF)?
What was the main focus of the 2004 healthcare accord signed by all first ministers?
What was the main focus of the 2004 healthcare accord signed by all first ministers?
How did the Harper government (2006-2015) approach fiscal imbalances between provinces?
How did the Harper government (2006-2015) approach fiscal imbalances between provinces?
What was a notable feature of the Trudeau government's approach to healthcare funding after 2015?
What was a notable feature of the Trudeau government's approach to healthcare funding after 2015?
Which vision of Canadian federalism emphasizes decentralized powers and equal status among provinces?
Which vision of Canadian federalism emphasizes decentralized powers and equal status among provinces?
Which political vision emphasizes a 'nation-to-nation' relationship with Indigenous peoples?
Which political vision emphasizes a 'nation-to-nation' relationship with Indigenous peoples?
Which federalism period is characterized by significant Supreme Court of Canada decisions and the Constitution Act of 1982?
Which federalism period is characterized by significant Supreme Court of Canada decisions and the Constitution Act of 1982?
What characterizes the collaborative federalism era (1980s-2006) in Canadian intergovernmental relations?
What characterizes the collaborative federalism era (1980s-2006) in Canadian intergovernmental relations?
What was a key feature of the Harper government's approach ('open federalism') to federal-provincial relations?
What was a key feature of the Harper government's approach ('open federalism') to federal-provincial relations?
How did the Harper government aim to change the nature of federal transfers to provinces?
How did the Harper government aim to change the nature of federal transfers to provinces?
Which initiative reflects Justin Trudeau's approach to cooperative federalism?
Which initiative reflects Justin Trudeau's approach to cooperative federalism?
What was a distinguishing factor of intergovernmental relations under Justin Trudeau compared to the Harper era?
What was a distinguishing factor of intergovernmental relations under Justin Trudeau compared to the Harper era?
Which agreement is not generally associated with the collaborative federalism era of the 1980s-2006?
Which agreement is not generally associated with the collaborative federalism era of the 1980s-2006?
In the context of intergovernmental relations (IGR) in Canada, what does the term 'oscillations' refer to?
In the context of intergovernmental relations (IGR) in Canada, what does the term 'oscillations' refer to?
Which vision of Canada seeks to build a 'one bilingual, multicultural, pan-state nation'?
Which vision of Canada seeks to build a 'one bilingual, multicultural, pan-state nation'?
Which vision of Canadian federalism is most closely aligned with the concept of 'Charter Canadians'?
Which vision of Canadian federalism is most closely aligned with the concept of 'Charter Canadians'?
What is the likely outcome of few formal or constitutional institutions existing to shape Indigenous actors?
What is the likely outcome of few formal or constitutional institutions existing to shape Indigenous actors?
Which period of federalism saw the growth of the welfare state?
Which period of federalism saw the growth of the welfare state?
What has been an issue with Justin Trudeau's approach to intergovernmental relations?
What has been an issue with Justin Trudeau's approach to intergovernmental relations?
What is a key aspect of the 'provincial equality' perspective regarding the distribution of powers in Canada?
What is a key aspect of the 'provincial equality' perspective regarding the distribution of powers in Canada?
What distinguishes the multinational perspective in Canadian federalism from the pan-Canadian perspective?
What distinguishes the multinational perspective in Canadian federalism from the pan-Canadian perspective?
How did the emphasis of collaboration relate to federal powers?
How did the emphasis of collaboration relate to federal powers?
What made the Harper government have a 'disdain for public multilateral meetings'?
What made the Harper government have a 'disdain for public multilateral meetings'?
Beyond climate change, what other item did Justin Trudeau's government use to build cooperative federalism?
Beyond climate change, what other item did Justin Trudeau's government use to build cooperative federalism?
Which of the following best describes the role of the Judicial Committee of the Privy Council (JCPC) in Canadian federalism before 1949?
Which of the following best describes the role of the Judicial Committee of the Privy Council (JCPC) in Canadian federalism before 1949?
In Canadian constitutional law, what does the term ultra vires generally signify?
In Canadian constitutional law, what does the term ultra vires generally signify?
The Anti-Inflation Reference (1976) was a significant case concerning the extent and powers of what?
The Anti-Inflation Reference (1976) was a significant case concerning the extent and powers of what?
What was a key determination in the Patriation Reference (1981)?
What was a key determination in the Patriation Reference (1981)?
In the Reference Re: Quebec Sovereignty (1998), what was the Supreme Court of Canada's view on Quebec's unilateral secession under the Canadian Constitution?
In the Reference Re: Quebec Sovereignty (1998), what was the Supreme Court of Canada's view on Quebec's unilateral secession under the Canadian Constitution?
How did the Supreme Court frame the requirements for a potential Quebec secession following the Quebec Secession Reference?
How did the Supreme Court frame the requirements for a potential Quebec secession following the Quebec Secession Reference?
In Crown Zellerbach (1988), what was the primary legal issue concerning the application of the Ocean Dumping Control Act (ODCA)?
In Crown Zellerbach (1988), what was the primary legal issue concerning the application of the Ocean Dumping Control Act (ODCA)?
The Crown Zellerbach case (1988) is most noted for its impact on the interpretation and application of which constitutional doctrine?
The Crown Zellerbach case (1988) is most noted for its impact on the interpretation and application of which constitutional doctrine?
What were the key criteria identified in Crown Zellerbach (1988) for a matter to fall under the federal government's National Concern Doctrine?
What were the key criteria identified in Crown Zellerbach (1988) for a matter to fall under the federal government's National Concern Doctrine?
In the Firearms Reference (2000), what was the primary basis upon which the federal government argued the validity of the Firearms Act?
In the Firearms Reference (2000), what was the primary basis upon which the federal government argued the validity of the Firearms Act?
What was the main question before the court in the Firearms Reference (2000)?
What was the main question before the court in the Firearms Reference (2000)?
What was the disposition of the Firearms Reference (2000) by the Supreme Court of Canada?
What was the disposition of the Firearms Reference (2000) by the Supreme Court of Canada?
In the context of the Reference Re: Greenhouse Gas Pollution Pricing Act (2021), what was the primary constitutional question?
In the context of the Reference Re: Greenhouse Gas Pollution Pricing Act (2021), what was the primary constitutional question?
According to the majority decision in the Reference Re: Greenhouse Gas Pollution Pricing Act (2021), under what constitutional basis was the Act deemed valid?
According to the majority decision in the Reference Re: Greenhouse Gas Pollution Pricing Act (2021), under what constitutional basis was the Act deemed valid?
In the Carbon Tax Reference (2021), what was the perspective of the dissenting judges regarding the constitutionality of the Greenhouse Gas Pollution Pricing Act?
In the Carbon Tax Reference (2021), what was the perspective of the dissenting judges regarding the constitutionality of the Greenhouse Gas Pollution Pricing Act?
In the Impact Assessment Act Reference (2023), what was the main issue addressed by the Supreme Court of Canada?
In the Impact Assessment Act Reference (2023), what was the main issue addressed by the Supreme Court of Canada?
What was the disposition in the Impact Assessment Act Reference (2023)?
What was the disposition in the Impact Assessment Act Reference (2023)?
Which of the following best describes the 'Peace, Order, and Good Government' (POGG) clause in the Constitution Act, 1867?
Which of the following best describes the 'Peace, Order, and Good Government' (POGG) clause in the Constitution Act, 1867?
Which area falls primarily under provincial jurisdiction according to the Constitution Act, 1867?
Which area falls primarily under provincial jurisdiction according to the Constitution Act, 1867?
Which of the following is an example of a historical development that has reshaped the nature and scope of federal/provincial relations in Canada?
Which of the following is an example of a historical development that has reshaped the nature and scope of federal/provincial relations in Canada?
What characterizes the 'National Emergency Doctrine' as it relates to the federal government's powers?
What characterizes the 'National Emergency Doctrine' as it relates to the federal government's powers?
What did the Supreme Court emphasize regarding the requirement for a Quebec secession in the Quebec Secession Reference?
What did the Supreme Court emphasize regarding the requirement for a Quebec secession in the Quebec Secession Reference?
After the Quebec Secession Reference what were some things the debate between sovereignists and federalists was centered on?
After the Quebec Secession Reference what were some things the debate between sovereignists and federalists was centered on?
Which of the following best summarizes the Supreme Court's decision in the Crown Zellerbach case?
Which of the following best summarizes the Supreme Court's decision in the Crown Zellerbach case?
What does singleness, distinctiveness, and indivisibility mean in the context of the National concern doctrine?
What does singleness, distinctiveness, and indivisibility mean in the context of the National concern doctrine?
Why did the crown decide to appeal the Alberta Court decision?
Why did the crown decide to appeal the Alberta Court decision?
Why did Supreme court deem the Firearms act Intra Vires?
Why did Supreme court deem the Firearms act Intra Vires?
What would be the argument for the province when challenging the Greenhouse gas act according to the Constiution?
What would be the argument for the province when challenging the Greenhouse gas act according to the Constiution?
What did Wagner CJ say about provinces that meet the “GHG pricing backstop”?
What did Wagner CJ say about provinces that meet the “GHG pricing backstop”?
In the Impact Assessment Act Reference (2023), how did Wagner CJ view this proposed legislation?
In the Impact Assessment Act Reference (2023), how did Wagner CJ view this proposed legislation?
According to historical documents what allocations are given to federal governments under Constitution Act 1867?
According to historical documents what allocations are given to federal governments under Constitution Act 1867?
According to the constitution which is Not an allocation to provincial governments?
According to the constitution which is Not an allocation to provincial governments?
In past legal cases why was the Ultra Vires argument used?
In past legal cases why was the Ultra Vires argument used?
Historically in relation to the POGG power what has the JCPC done over time?
Historically in relation to the POGG power what has the JCPC done over time?
Following Quebec's 1995 referendum, what was one group that argued alongside the federal government?
Following Quebec's 1995 referendum, what was one group that argued alongside the federal government?
What was Fowler v. The Queen significant in?
What was Fowler v. The Queen significant in?
Based on the lectures, what are new matters or those of national concern?
Based on the lectures, what are new matters or those of national concern?
What side did most of the Attorneys general side with during the Impact Assessment Act Reference (2023)?
What side did most of the Attorneys general side with during the Impact Assessment Act Reference (2023)?
Wagner CJ was one of the Justices in Justices [7], who else was one of the other named justices?
Wagner CJ was one of the Justices in Justices [7], who else was one of the other named justices?
In the Crown Zellerbach case (1988), what was the British Columbia court of Appeal's decision regarding the Ocean Dumping Control Act?
In the Crown Zellerbach case (1988), what was the British Columbia court of Appeal's decision regarding the Ocean Dumping Control Act?
Which of the following considerations did the Supreme Court emphasize in the Quebec Secession Reference regarding a potential secession?
Which of the following considerations did the Supreme Court emphasize in the Quebec Secession Reference regarding a potential secession?
In the Firearms Reference (2000), what was the ultimate disposition of the appeal regarding the validity of the Firearms Act?
In the Firearms Reference (2000), what was the ultimate disposition of the appeal regarding the validity of the Firearms Act?
In the context of division of powers, what is the significance of Sections 91 and 92 in the Constitution Act, 1867?
In the context of division of powers, what is the significance of Sections 91 and 92 in the Constitution Act, 1867?
In the Anti-Inflation Reference (1976), what was the key constitutional issue addressed by the Supreme Court of Canada?
In the Anti-Inflation Reference (1976), what was the key constitutional issue addressed by the Supreme Court of Canada?
What critical element that is frequently part of judicial review was not achieved in the Patriation Reference (1981)?
What critical element that is frequently part of judicial review was not achieved in the Patriation Reference (1981)?
What are some considerations as part of the 'provincial inability test' used to find the Greenhouse Gas Pollution Pricing Act intra vires?
What are some considerations as part of the 'provincial inability test' used to find the Greenhouse Gas Pollution Pricing Act intra vires?
Building on previous Supreme Court cases, what criteria needs to be considered when invoking the national concern doctrine?
Building on previous Supreme Court cases, what criteria needs to be considered when invoking the national concern doctrine?
What restrictions are imposed when applying what is constitutionalized in Section 92?
What restrictions are imposed when applying what is constitutionalized in Section 92?
In the Impact Assessment Act Reference (2023), what was the justification for finding the IAA ultra vires?
In the Impact Assessment Act Reference (2023), what was the justification for finding the IAA ultra vires?
In a system of coordinate or dual federalism, how are policy-making responsibilities typically divided?
In a system of coordinate or dual federalism, how are policy-making responsibilities typically divided?
Which principle guides the assignment of powers in a federation according to A.V. Dicey?
Which principle guides the assignment of powers in a federation according to A.V. Dicey?
What is the main characteristic of 'administrative federalism'?
What is the main characteristic of 'administrative federalism'?
In federal systems, what does the concept of 'residual powers' typically refer to?
In federal systems, what does the concept of 'residual powers' typically refer to?
How does the principle of subsidiarity, as adopted by the EU, aim to manage concurrency and centralization?
How does the principle of subsidiarity, as adopted by the EU, aim to manage concurrency and centralization?
What is a key characteristic of the German administrative federalism model?
What is a key characteristic of the German administrative federalism model?
Which of the following exemplifies the concept of 'concurrent powers' in a federal system?
Which of the following exemplifies the concept of 'concurrent powers' in a federal system?
What is the significance of Section 91 of the Constitution Act, 1867 in Canada?
What is the significance of Section 91 of the Constitution Act, 1867 in Canada?
How do ambiguities in the division of powers contribute to a 'centralizing trend' within federal systems?
How do ambiguities in the division of powers contribute to a 'centralizing trend' within federal systems?
In federal systems, what mechanism is typically used to resolve conflicts arising from concurrent powers?
In federal systems, what mechanism is typically used to resolve conflicts arising from concurrent powers?
What is the role of the Bundesrat in the German federal system?
What is the role of the Bundesrat in the German federal system?
How does judicial interpretation impact the division of powers in federations?
How does judicial interpretation impact the division of powers in federations?
In what respect does the EU's approach to federalism differ most significantly from that of traditional federations?
In what respect does the EU's approach to federalism differ most significantly from that of traditional federations?
How do local ‘social’ matters typically factor into the division of powers in a federation?
How do local ‘social’ matters typically factor into the division of powers in a federation?
Which factor has historically offset the centralized intentions present in the Canadian Constitution?
Which factor has historically offset the centralized intentions present in the Canadian Constitution?
What characteristic separates Germany from other Federations concerning power?
What characteristic separates Germany from other Federations concerning power?
Which of the following best describes the result for Spain when devolving from a unitary state??
Which of the following best describes the result for Spain when devolving from a unitary state??
Of the "Triad" in EU power, which of the following is part of the triad?
Of the "Triad" in EU power, which of the following is part of the triad?
Which of the following may result from ambiguities relating to the division of powers?
Which of the following may result from ambiguities relating to the division of powers?
Which of the following is a modern issue affecting the enumeration of powers??
Which of the following is a modern issue affecting the enumeration of powers??
Flashcards
Decentralized Welfare State
Decentralized Welfare State
Canada's welfare state is decentralized, impacting social policy implementation.
Section 92 Constitution
Section 92 Constitution
Section 92 of the Constitution gives provinces authority over education, hospitals and social policy.
Federal Spending Power
Federal Spending Power
The federal government can support provincial social programs which promote national standards.
Classical Federalism
Classical Federalism
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Unilateral Government Action
Unilateral Government Action
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Joint Decision Federalism
Joint Decision Federalism
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Unemployment Insurance 1941
Unemployment Insurance 1941
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Family Allowances 1944
Family Allowances 1944
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Canada Health Act
Canada Health Act
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Canada Assistance Plan
Canada Assistance Plan
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Why Quebec Pension Plan?
Why Quebec Pension Plan?
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Chrétien senior benefit Replacement
Chrétien senior benefit Replacement
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Child Tax Benefit Creation
Child Tax Benefit Creation
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Universal Child Care Benefit
Universal Child Care Benefit
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Canada Child Benefit
Canada Child Benefit
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Federal vs. Provincial Friction
Federal vs. Provincial Friction
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2015 Paris Summit
2015 Paris Summit
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Catherine Mckenna Climate Stance
Catherine Mckenna Climate Stance
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Transmountain Pipeline
Transmountain Pipeline
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1990 Mulroney GHG
1990 Mulroney GHG
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Paris Accord Goal
Paris Accord Goal
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Notley Carbon Tax
Notley Carbon Tax
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Provincial Resistance
Provincial Resistance
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Constitutional Evolution
Constitutional Evolution
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Constitutional Amendment
Constitutional Amendment
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Constitution Patriation
Constitution Patriation
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1927 Amendment Stance
1927 Amendment Stance
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Fulton-Favreau Formula
Fulton-Favreau Formula
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Victoria Charter (1971)
Victoria Charter (1971)
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1980 Patriation Resolution
1980 Patriation Resolution
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Gang of 8
Gang of 8
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Provincial Patriation Plan
Provincial Patriation Plan
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Kitchen Accord
Kitchen Accord
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7/50 Amendment
7/50 Amendment
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Unanimity Procedure
Unanimity Procedure
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Bilateral Procedure
Bilateral Procedure
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Unilateral Federal Procedure
Unilateral Federal Procedure
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Province's Power
Province's Power
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Fiscal Federalism
Fiscal Federalism
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Vertical Gap
Vertical Gap
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Cash Transfer
Cash Transfer
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Horizontal Imbalance
Horizontal Imbalance
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Conditional Transfers
Conditional Transfers
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Unconditional Transfers
Unconditional Transfers
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Equalization
Equalization
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Canada Health Transfer (CHT)
Canada Health Transfer (CHT)
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Canada Social Transfer (CST)
Canada Social Transfer (CST)
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Fiscal Stabilization Program
Fiscal Stabilization Program
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Territorial Funding Formula (TFF)
Territorial Funding Formula (TFF)
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Harper Tax Cuts
Harper Tax Cuts
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Cannabis Revenue Sharing
Cannabis Revenue Sharing
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Conditional Health Funding
Conditional Health Funding
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Compensation for Revenue Losses
Compensation for Revenue Losses
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Fiscal Federalism Eras
Fiscal Federalism Eras
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Intergovernmental Transfers
Intergovernmental Transfers
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Diminished capacity
Diminished capacity
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Intergovernmental Relations (IGR)
Intergovernmental Relations (IGR)
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Pan-Canadian Perspective
Pan-Canadian Perspective
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Provincial Equality Perspective
Provincial Equality Perspective
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Multinational Perspective
Multinational Perspective
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Rights-Based Perspective
Rights-Based Perspective
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IGR's Influences
IGR's Influences
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Collaborative Federalism (1980s-2006)
Collaborative Federalism (1980s-2006)
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Contingent/Competitive Federalism
Contingent/Competitive Federalism
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Contingent/Cooperative Federalism
Contingent/Cooperative Federalism
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Judicial Review
Judicial Review
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Federalism
Federalism
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Sections 91 & 92
Sections 91 & 92
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s.92 (16)
s.92 (16)
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Residual Power Clause
Residual Power Clause
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POGG
POGG
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Ultra Vires / Intra Vires
Ultra Vires / Intra Vires
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Ultra Vires
Ultra Vires
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Intra Vires
Intra Vires
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JCPC
JCPC
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Patriation Reference (1981)
Patriation Reference (1981)
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Reference Re: Quebec Sovereignty (1998)
Reference Re: Quebec Sovereignty (1998)
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Constitutionality of unilateral secession
Constitutionality of unilateral secession
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Crown Zellerbach (1988)
Crown Zellerbach (1988)
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Firearms Reference (2000)
Firearms Reference (2000)
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Carbon Tax Reference (2021)
Carbon Tax Reference (2021)
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Impact Assessment Act Reference (2023)
Impact Assessment Act Reference (2023)
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Equalization payments
Equalization payments
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Constitution Act, 1867
Constitution Act, 1867
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Peace, Order, and Good Government
Peace, Order, and Good Government
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Divided Sovereignty
Divided Sovereignty
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Division of Powers
Division of Powers
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Substantive vs procedural
Substantive vs procedural
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Legislative vs Administrative Federalism
Legislative vs Administrative Federalism
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Coordinate or Dual Federalism
Coordinate or Dual Federalism
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'Watertight Compartments'
'Watertight Compartments'
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Administrative Federalism
Administrative Federalism
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National Concern
National Concern
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Regulatory complexities
Regulatory complexities
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Enumeration of powers
Enumeration of powers
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Exclusive Powers
Exclusive Powers
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Concurrent Powers
Concurrent Powers
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Implicit Powers
Implicit Powers
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Residual Powers
Residual Powers
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Ambiguities emerge with modernization
Ambiguities emerge with modernization
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Centralizing trend
Centralizing trend
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Judicial Interpretation
Judicial Interpretation
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Supremacy Clause
Supremacy Clause
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Necessary and Proper Clause
Necessary and Proper Clause
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Commerce Clause
Commerce Clause
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Study Notes
Constitutional Division of Powers
- The constitutional division of powers involves dividing powers or roles.
- Substantive and procedural aspects are considered in this division.
- Legislative federalism is equivalent to administrative federalism.
- Legislative federalism entails coordinate or dual federalism.
- Each level of government is responsible for policy-making, implementation, and administration within its jurisdiction.
- This occurs within 'watertight compartments'.
- This includes divided sovereignty.
- Administrative federalism features law making/policy guidance at the national level.
- Implementation and administration occur at the subnational level.
- General policy is given local effect.
- Subnational units contribute to national policy-making.
- Principles of assignment guide the constitutional division of powers.
- A.V. Dicey is a figure associated with these principles.
- National governments address matters of national concern.
- National concern examples include trans-boundary pollution/environmental issues and regulatory complexities.
- Benefits like scientific research fall under the purview of the nation.
- National economic/market concerns include trade, tariffs, currency, patents, weights, and measures, as reflected in s.91.
- Subnational governments handle other matters.
- Local 'social' matters like health, welfare, and education are managed at the subnational level.
- This is relevant to cultural diversity.
- The enumeration of powers is part of the constitutional division.
- Powers can be exclusive or concurrent.
- Concurrent powers may be implicit or explicit.
- Conflicts are resolved through paramountcy provisions or supremacy clauses.
- Residual powers are also considered.
- Implicit residual powers mean what is not explicitly listed goes to government X.
- In Canada, residual powers go to the national government.
- The US, Switzerland, and Australia assign residual powers to subnational governments.
- Ambiguities emerge with modernization.
- Centralizing trends, where coordinate/dual federalism becomes cooperative federalism, indicate organic/integrated federalism.
- Issues that cross borders increase the pressure regarding ambiguities.
- Modern issues include international crime, environmental protection, and universal human rights.
- This includes the convergence of legislative and administrative federalism.
- National governments increasingly establish broad policy frameworks.
- The US has centralizing factors.
- There is more concern about representation than the distribution of powers in the US.
- Constitutional amendments are difficult in the US.
- Judicial interpretation adapts to modernization centrally.
- The "necessary-and-proper clause" [in s.8] is relevant to US federalism.
- The supremacy clause of article VI and the general welfare clause contribute.
- In Canada, there are centralized intentions with Lt governors as deputies of the Governor General.
- Disallowance, reservation, residual powers, and POGG (Peace, Order, and Good Government) are relevant.
- This is offset by judicial interpretation which is less influential than in the US.
- The welfare state and natural resources impact the balance in Canada.
- s.91 Trade & commerce is weighed against s.92 property & civil rights.
- Germany follows an administrative model.
- Centralized elements include a quasi-unitary system of public services and administration.
- Legislative power is concentrated at the national level.
- Subnational elements include Länder governments.
- Länder governments codetermine national legislation in the 2nd chamber.
- They are responsible for implementing and administering laws and policies.
- Integrated & administrative federalism creates interlocking powers.
- Issues include the "decision trap" and erosion of legislative Länder autonomy.
- Requirements to implement European law exist.
- Costs of reunification led some richer Länder to press for more autonomy.
- Länder being allowed to enter international treaties within their jurisdiction with federal government approval represents Germany’s decentralization
- The Länder having more input/consultation in European policy making – via Bundesrat is part of Germany's design.
- The EU assigns more policy areas to common regulation, which represents the enumeration of power within the EU.
- Several issue areas have increased concurrency, such as environmental policy.
- Subsidiarity is used to limit concurrency/centralization in the EU.
- The principle of subsidiarity is in the Maastricht Treaty and has roots in Althusius.
- A "Triad" of conferral, proportionality, and subsidiarity constrains EU power.
- Conferral means all EU action is limited to treaty objectives, similar to a residual clause conferring power to member states.
- Proportionality limits EU power, stating that the content and form of Union shall not exceed what is necessary to achieve the objectives of the Treaties.
- Legislative proposals include detailed information reviewed by the Council of Ministers, the EU, and national parliaments.
- The EU's approach, unlike most federations, focuses on procedural flexibility rather than certainty of constitutional stipulations.
- Proportionality divides the exercise of legislative power within policy fields, shifting the focus from 'who has the power to do what' to 'who is authorized to do how much of what'.
- The EU may be a model for future federal evolutions/ innovation.
- Innovative approaches are seen in Switzerland.
- Switzerland uses a multiple list approach with three lists.
- It evolved into administrative federalism.
- There is significant cantonal autonomy within Switzerland.
- Switzerland has no council-type second chamber.
- Cantons regulate language internally.
- Spain involves the devolution of a unitary state.
- It provided initial recognition of Catalonia, Galicia, and the Basque Country.
- Autonomous communities negotiate self-governing powers.
- It combines legislative and administrative federalism.
- This puts less emphasis on juridical finality and emphasizes political guidance in the search of mutually acceptable solutions.
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