Federalism
Basic Concept of Federalism (compared to a centralized system)
What is an equal standing of the federal government and the provincial/state units under the constitution. Unique jurisdiction is provided to each level.
The branch of government with power to interpret the Constitution
What is the Judiciary/courts
Head of State in Canada (executive Power)
Judicial activism
What is a judiciary that takes bold action against legislation, and is willing to declare government action unconstitutional.
At least one reason that while Canada was designed as a centralized federation, it became much more decentralized
What is: the underestimation of the importance of health care and education at Confederation. The impact of regional identities and language (Quebec, western Canada). Natural resources. Strong provincial government institutions. Lack of representation from the senate (less intra-state).
One power vested to the federal government, and one example of a power for the provincial government in the Canadian Constitution.
What are:
Federal: trade, taxation, national defence, banking, Indigenous relations, criminal law, transportation, communication
Provincial: Direct tax in province, public land, health care, education, municipalities, property, admin.
What does the constitution say about the role of the Prime Minister and Cabinet?
What is: a trick question! Does not outline the PM or cabinet in the constitution. Mentions the Privy Council, and this was interpreted later with the convention of responsible government.
What are:
- Crown acts only on advice of PM + Cabinet
- Only appoints MPs as Cabinet ministers
- Collective responsibility
- Crown appoints who has confidence
- New ministry with lack of confidence
Three rules ensuring judicial independence in Canada
What are: tenure, fixed pay and judiciary sets own schedule
Provinces at 1867 were Ontario, Quebec, Nova Scotia and New Brunswick
Contract theory of federalism
What is a contract between four provinces under the Constitution of 1867.
The enforcer of constitutional conventions
Who are the public/voters and political parties
Roles of the Prime Minister's Office (PMO)
What are: media relations and schedule, public appearances of the Prime Minister, public opinion research, marketing, policy analysis.
Definition of Political patronage
What is the act of appointing judges (or other appointed positions, ie: senators) based on political favours or for political motives.
Report outlining responsible government as a concept applicable to the colonies in Canada
What is the Durham Report (1839)
Compact theory of Federalism
What is that Canada was created as a pact between two founding people (English and French). This is sometimes in the literature expanded to three founding people (Indigenous nations) (see: Peter Russell 2017).
What is 1982
The trustee model, delegate model and party model of representation.
What is: the trustee model is where legislators make decisions based on what they think is right, the delegate model is sticking closest to public opinion in the area, and the party model is adhering to partisan lines.
Section 2 of the Charter of Rights and Freedoms
What are fundamental freedoms: religion, thought and communication, assembly and association
Function of the Royal Proclamation of 1763
What is: Creating colonial governments in Quebec, defining Indigenous land, allowing only the Crown to negotiate treaties with Indigenous nations
Intra-state versus interstate federalism
What are:
Intra-state as federal institutions representing provinces/states
Interstate as negotiations between separate governing entities of the provinces and federal government
Two attempted amendments and their main goals
Meech lake: Recognize Quebec as a distinct society, senate and provincial consultation
Charlottetown Accord: Senate reform, Quebec, Indigenous self-government
What are:
- Access to greater information (opinion polling, policy experts in PMO)
- Globalization and increased role of diplomacy and trade negotiations
- Public recognition and the role of media
- Role as head of the party, providing consequences for dissent
What is the Judicial Committee of the Privy Council (JCPC in England).
Rights of municipalites