SECTION ONE: The Context Part One: The Constitutional Context

The Canadian Constitution: What’s it Do? legislative system – bicameralism (House of Commons and Senate) – modes of representation H of C – representation by population Senate -- regional federalism Charter of Rights and Freedoms amending formulas

Amending the Constitution... various formulas – range from 2/3 of provinces (with 50% of the population) to unanimous consent – HOWEVER, no Quebec or regional veto

Amending the Constitution...How Difficult? Meech Lake Accord – proposed in 1987, failed in 1990 – lesson: negotiations could no longer be undertaken behind closed doors

Amending the Constitution...How Difficult? Charlottetown Accord – struck July 1992 – referendum October 1992 No 45%, Yes 55% – lesson: agreement difficult to achieve under conditions of broad public participation

Amending the Constitution...How Difficult? effective Quebec constitutional veto – Quebec sovereignty Referendum 1995 No: 50.6%/Yes: 49.4% – Chretien’s parliamentary resolution (1996) recognizing Quebec as a distinct society within Canada constitutional veto for all Canadian regions (including Quebec)

Amending the Constitution...How Difficult? very difficult!! the result?? – constitutional arrangement frozen into place without Quebec’s agreement and with little prospect for change

Part One: The Constitutional Context Federalism

Rationale for Uniting... economic military/security concerns

Rationale for Federalism why NOT large, unitary government – existence of Quebec as a separate nation – smaller colonies reluctant

Federalism – What is It? orders of government – NOT levels of government division of powers judicial review

Rationale for Federalism why NOT large, unitary government – existence of Quebec as a separate nation – smaller colonies reluctant federalism a pragmatic solution to make union possible – low-cost -- provinces expected to “whither away”

Division of Powers -- Canada Federal Powers – enumerated powers (s.91) – peace, order and good government – residual power – reservation, disallowance, declaratory Provincial Powers (s.92) – enumerated powers – matters of a “merely local or private nature”

Trends in Canadian Federalism decentralization entanglement

Level of Centralization (Confederation) Large Unitary Gov’t Federalism Decentralized Federation Centralized Federation Small Unitary Gov’ts Canada 2001 Canada 1867

Explaining Canadian Decentralization lack of representation of provincial interests within the federal government representation of provincial/regional interests primarily through the provincial governments existence of Quebec especially after 1960 – Quiet Revolution “maitre chez nous” – federal society

Federal-Provincial Entanglement explaining entanglement – division of powers spells out tools more than areas of responsibility – division of powers not suited to emerging policy problems – vertical fiscal disequilibrium elements conducive to entanglement – federal spending power prevailing views of entanglement