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Donald Smiley’s three basic principles of federalism,
- (1) a federal state is premised upon “a constitution that distributes
- the powers of government between central and regional governments”; (2)
- “The elements of the constitution related to the respective powers of
- the regions are not subject to change by the action of the central or
- regional governments alone”; and (3) “Individual citizens and private
- groups are subject to the laws and other authoritative exercises of
- power by both the central and regional governments
what is included in Section 91?
- urisdictions like national defence, criminal law, the postal service,
- currency, and the census, it is entitled to raise monies through “any
- mode of system of taxation.”10 The federal government
- oversees all forms of inter-provincial transportation and
- communication. The federal government regulates the banking industry,
- trade and commerce, and copyrights
Peace Order and Good Government (POGG) of Canada
- grants Ottawa the residual power to make laws for the Peace Order and
- Good Government (POGG) of Canada. The POGG clause may sound somewhat
- vague or cryptic, but if the Fathers of Confederation deliberately
- couched the federal government’s residual power in ambiguity, they did
- so only to ensure that Ottawa could claim jurisdiction over whatever
- was not explicitly identified in the BNA Act.
- capacity of direct taxation; the incorporation of companies; property
- and civil rights; and the ability to raise revenue from the licensing
- of shops, saloons, taverns, and auctioneers. In addition to these
- “housekeeping” powers, the provinces were also granted jurisdiction
- over hospitals and healthcare, education, natural resources, and
- municipal institutions
where it could instruct its self-appointed lieutenant governors to“reserve” pending provincial legislation for federal approval
where it could simply veto provincial legislation even if it had been signed into law by a lieutenant-governor; or it could simply seize control over a “local work or undertaking for the general advantage of Canada” under its declaratorypower.
Canada’s constitution is composed of three parts
- written documents,
- court rulings (i.e., common law) and
- constitutional conventions
1992 Charlottetown Accord
- every province has veto
- Quebec’s distinct society clause, it would also include a Canada clause.
- The Charlottetown Accord attempted to address First Nations’concerns with respect to Aboriginal self-government.
- Charlottetown also pledged to act on Western calls for Senate reform
the governor general to channel the formal powers of the Crown as per the Letters Patent which confers “all powers of the monarchy” with respect to Canada
if a government has any hope of successfully passing its legislative agenda, it must enforce “party” discipline within the Cabinet by premising a minister’s Cabinet position on his/her willingness to publicly support the government