Unitary State:

1
FederalismMalcomlson Myers Chapter 4

• Unitary State
• Sovereignty held by one governing body
• Britain, Ireland, France, Sweden, Italy
• Federal State
• Sovereignty shared among governments
• US, Australia, Brazil, Germany

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FederalismMalcomlson Myers Chapter 4

• Historical Origins of Canadian Federalism
• Brown Reformers sought legislative union
  rep by pop (Macdonald also favoured a
  legislative union)
• Quebecers demanded sectional equality religious
  independence
• Maritimers feared Canadian domination
• Federalism as a problematic compromise

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FederalismMalcomlson Myers Chapter 4

• Constitutional Basis of Canadian Federalism
• Constitution (BNA) Act 1867
• Section 91
• Section 92
• Peace, Order, and Good Government (POGG) clause

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FederalismMalcomlson Myers Chapter 4

• Constitutional Basis of Canadian Federalism
• Section 91 lists federal powers
• Trade Commerce
• Criminal Law
• Taxation
• Defence
• Residual Power

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FederalismMalcomlson Myers Chapter 4

• Constitutional Basis of Canadian Federalism
• Section 92 lists provincial powers all matters
  of strictly local or private nature in the
  province.
• Education
• Hospitals
• Municipalities
• Property
• Direct Taxation Licensing

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FederalismMalcomlson Myers Chapter 4

• Constitutional Basis of Canadian Federalism
• POGG clauses vests residual power in the federal
  government
• It shall be lawful for the Queen, by and with
  the Advice of the Senate and House of Commons, to
  make Laws for the Peace, Order, and Good
  Government of Canada, in relation to all Matters
  not coming within the Classes of Subjects by this
  Act assigned exclusively to the Legislatures of
  the Provinces

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FederalismMalcomlson Myers Chapter 4

• Constitutional Basis of Canadian Federalism
• Constitution also provides federal government
  with powers of reserve and disallowance of
  provincial legislation
• Lt. Gov. can reserve (i.e., delay grating Royal
  Assent to) provincial laws so Ottawa can examine

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FederalismMalcomlson Myers Chapter 4

• Constitutional Basis of Canadian Federalism
• Section 56, CA 1867 Disallowance
• ... if the Queen in Council... thinks fit to
  disallow the Act, such Disallowance... being
  signified by the Governor General, by Speech or
  Message to each of the Houses of the Parliament
  or by Proclamation, shall annul the Act...

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FederalismMalcomlson Myers Chapter 4

• Why, if...
• the Fathers of Confederation intended such a
  strong central government, and
• the constitution so strongly favours the federal
  government,
• are the provinces so powerful and Canadian
  federalism so decentralized?