SE 20 Flashcards by Yuuki Ito

Federalism
Definition: A d______n of jurisdiction and authority between at least two levels of government;usually occurs between levels of government separated under the nation’s c___________n and with their own autonomous (or semi-autonomous) constitutional powers.

Federalism
Definition: A division of jurisdiction and authority between at least two levels of government;usually occurs between levels of government separated under the nation’s constitution and with their own autonomous (or semi-autonomous) constitutional powers.

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Federalism
Each level of government has its own particular j__________n…areas of public policy in which it,and only it, may exercise authority (or have the final authority)
Typically, the national government will have final authority over Unational” issues, such as national defence, foreign policy, and treaty-making
Regional governments will have power over more “regional” issues, though this can vary widely
In highly c__________d forms, authority and power lies mostly in the hands of the national level of government; In decentralized forms, authority and power is spread out amongst multiple regional governments

Federalism
Each level of government has its own particular jurisdiction…areas of public policy in which it,and only it, may exercise authority (or have the final authority)
Typically, the national government will have final authority over Unational” issues, such as national defence, foreign policy, and treaty-making
Regional governments will have power over more “regional” issues, though this can vary widely
In highly centralized forms, authority and power lies mostly in the hands of the national level of government; In decentralized forms, authority and power is spread out amongst multiple regional governments

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Canada has 4 forms of government:

federal, provincial, territorial, and local

The f______l and p_________l forms are constitutionally recognized; t_________l and
l___l are not constitutionally recognized

Canada has 4 forms of government:

federal, provincial, territorial, and local

The federal and provincial forms are constitutionally recognized; territorial and
local (usually municipalities) are not constitutionally recognized

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Federal Government of Canada
Sovereign & Governor General:

Head of State; primarily a c\_\_\_\_\_\_\_\_l
role The bulk of federal power lies with
the federal head of government
(P\_\_\_\_\_\_\_\_\_\_\_\_r) and his executive
council (C\_\_\_\_\_\_t), as well as the
House of C\_\_\_\_\_s (elected
Members of Parliament)

The Senate is an appointed body and
exercised considerably less p____r

Federal Government of Canada
Sovereign & Governor General:

Head of State; primarily a ceremonial
role The bulk of federal power lies with
the federal head of government
(Prime Minister) and his executive
council (Cabinet), as well as the
House of Commons (elected
Members of Parliament)
The Senate is an appointed body and
exercised considerably less power

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Federal Government of Canada
Federal Judiciary

Supreme Court of Canada is the
h\_\_\_\_\_\_t court in the country
Ministries &amp; Civil Service (National
Public Service)
Includes all of the f\_\_\_\_\_\_l
government departments and
agencies, responsible for helping
the federal government form and
implement policy within its
jurisdictions

Federal Government of Canada
Federal Judiciary

Supreme Court of Canada is the
highest court in the country
Ministries &amp; Civil Service (National
Public Service)
Includes all of the federal
government departments and
agencies, responsible for helping
the federal government form and
implement policy within its
jurisdictions

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Canadian Provincial
Governments

•• 10 Provinces in Canada each with
their own government, which
enact and implement l\_\_\_s within
their own particular territory
Provided with their own
c\_\_\_\_\_\_\_\_\_\_\_\_y recognized powers,
which they may exercise
i\_\_\_\_\_\_\_\_\_y from the federal
government, and from each other

Canadian Provincial
Governments

•• 10 Provinces in Canada each with
their own government, which
enact and implement laws within
their own particular territory
Provided with their own
constitutionally recognized powers,
which they may exercise
independently from the federal
government, and from each other

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Canadian Provincial

Governments
Sovereign/Lieutenant G\_\_\_\_\_\_\_r —
primarily a c\_\_\_\_\_\_l role
Real provincial power lies in the hands of
the p\_\_\_\_\_\_\_\_l heads of government &amp;
their e\_\_\_\_\_\_\_\_e councils (Premiers &amp; their
cabinets) &amp; the provincial elected
legislature

Canadian Provincial

Governments
Sovereign/Lieutenant Governor —
primarily a ceremonial role
Real provincial power lies in the hands of
the provincial heads of government &amp;
their executive councils (Premiers &amp; their
cabinets) &amp; the provincial elected
legislature

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Canadian Provincial

Each province has its own provincial
p______c service (ministries & civil service)
which includes government departments
and agencies that are responsible for
assisting their respective governments in
forming & implementing policy within
provincial jurisdictions

Canadian Provincial

Each province has its own provincial
public service (ministries & civil service)
which includes government departments
and agencies that are responsible for
assisting their respective governments in
forming & implementing policy within
provincial jurisdictions

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Canadian Territorial
Governments

There are three territories, each with their own governments: the Y____n, the N_______t
Territories, and Nunavut

They are responsible for enacting and implementing laws in their own territories
They are not c___________y recognized, like the federal government and the provincial
governments

Canadian Territorial
Governments

There are three territories, each with their own governments: the Yukon, the Northwest
Territories, and Nunavut

They are responsible for enacting and implementing laws in their own territories
They are not constitutionally recognized, like the federal government and the provincial
governments

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Canadian Territorial
Governments

The territories fall under the legislative jurisdiction of the________l government; however, in
practice they act in much the same manner as p_________l governments (i.e. each has its own
legislative assembly, which has the power to enact laws within its own territory)

Territories do not technically have a legal say in constitutional amendments regarding the
separation of powers between the federal and provincial levels of government; however, it is
common practice to include territorial governments in i_____-governmental meetings and
d______n-making processes

Canadian Territorial
Governments

The territories fall under the legislative jurisdiction of the federal government; however, in
practice they act in much the same manner as provincial governments (i.e. each has its own
legislative assembly, which has the power to enact laws within its own territory)

Territories do not technically have a legal say in constitutional amendments regarding the
separation of powers between the federal and provincial levels of government; however, it is
common practice to include territorial governments in inter-governmental meetings and
decision-making processes

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Canadian Local Governments
Includes municipalities

Not c______________y recognized entities with their own autonomous powers and jurisdictions; They fall under the jurisdiction of the p________s and t_________s The exception is First Nations or Band Councils, which are treated as local governments, but fall under the jurisdiction of the _______l government

Canadian Local Governments
Includes municipalities

Not constitutionally recognized entities with their own autonomous powers and jurisdictions; They fall under the jurisdiction of the provinces and territories The exception is First Nations or Band Councils, which are treated as local governments, but fall under the jurisdiction of the Federal government

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Benefits of Federalism

1.It acts as an additional check on g_________t power; power can be dispersed
amongst multiple levels of government; it is much more difficult for one set of
political elites to control the power and direction of government

2.It can protect local or regional interests to some extent; Federalism can
prevent geographically-based m________s from being at the total mercy of the
larger national majority (e.g. French Quebecois in Quebec)

3.Increased ability to manage and administer large g_________l areas

Benefits of Federalism

1.It acts as an additional check on government power; power can be dispersed
amongst multiple levels of government; it is much more difficult for one set of
political elites to control the power and direction of government
2.It can protect local or regional interests to some extent; Federalism can
prevent geographically-based minorities from being at the total mercy of the
larger national majority (e.g. French Quebecois in Quebec)
3.Increased ability to manage and administer large geographical areas

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Weaknesses of Federalism

1.It can lead to paralysis or an inability for government to deal with difficult
n________l issues. For instance, during the Great Depression, the federal
government was unable to institute national policies to address mass
unemployment and poverty as it did not have the constitutional authority to
do so

2.It can reinforce and entrench d_______s within a country

Weaknesses of Federalism

1.It can lead to paralysis or an inability for government to deal with difficult
national issues. For instance, during the Great Depression, the federal
government was unable to institute national policies to address mass
unemployment and poverty as it did not have the constitutional authority to
do so
2.It can reinforce and entrench divisions within a country

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Canadian Federalism & the
Division of Powers

C___________n Act, 1867 (aka British North America Act, 1867)
Sets out the jurisdictional powers of the federal and provincial levels of government

Canadian Federalism & the
Division of Powers

Constitution Act, 1867 (aka British North America Act, 1867)
Sets out the jurisdictional powers of the federal and provincial levels of government

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Canadian Federalism & the
Division of Powers

Section __
granted each province 16 enumerated powers, including legislative control over such things as hospitals, charities, municipal institutions, prisons, and property and civil rights, to name a few Granted the provinces sole jurisdiction in these areas, ie. Only they and not the federal government could constitutionally legislate in them

Canadian Federalism & the
Division of Powers

Section 92
granted each province 16 enumerated powers, including legislative control over such things as hospitals, charities, municipal institutions, prisons, and property and civil rights, to name a few Granted the provinces sole jurisdiction in these areas, ie. Only they and not the federal government could constitutionally legislate in them

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Section 9_
Grants the provinces exclusive jurisdiction over e_________n

Section 9_
Provided for Concurrent powers (both levels of government are constitutionally permitted to
legislate in these areas, i.e. shared jurisdiction) in a_________e and immigration

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Section 93
Grants the provinces exclusive jurisdiction over education

Section 95
Provided for Concurrent powers (both levels of government are constitutionally permitted to
legislate in these areas, i.e. shared jurisdiction) in agriculture and immigration

Section 9_

Lists 29 examples of f_______l powers, including the regulation of trade and commerce, postal
service, census and statistics, the military, navigation and shipping, sea coast and inland
fisheries, Indians and reserve land, and the criminal law
States that the federal government may raise r_______s by any mode or system of taxation,
including forms of direct taxation, such as income or corporate taxes, as well as indirect
taxation, such as duties and fees

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Section 91

Lists 29 examples of federal powers, including the regulation of trade and commerce, postal
service, census and statistics, the military, navigation and shipping, sea coast and inland
fisheries, Indians and reserve land, and the criminal law
States that the federal government may raise revenues by any mode or system of taxation,
including forms of direct taxation, such as income or corporate taxes, as well as indirect
taxation, such as duties and fees

Section 1__

Provided the federal government with the power to implement i__________l treaties

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Section 132

Provided the federal government with the power to implement international treaties

Constitution Act, 18__
& Some Amendments

• The bulk of constitutional amendments have dealt with federal-provincial
control over social benefits which resulted in an expansion of ________l power

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Constitution Act, 1867
& Some Amendments

• The bulk of constitutional amendments have dealt with federal-provincial
control over social benefits which resulted in an expansion of federal power

Constitution Act, 1867
& Some Amendments

• 1940: power over u__________t insurance was added to the list of exclusive
f_______l powers

19__: old-age pensions were made a concurrent power

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Constitution Act, 1867
& Some Amendments

• 1940: power over unemployment insurance was added to the list of exclusive
federal powers

1951: old-age pensions were made a concurrent power

Constitution Act,
1982

The federal government and the provinces adopted new constitutional
a_________g formulas…any change to the Constitution that impacts one or more
provinces explicitly requires some level of c_____t from those provinces
affected
Provincial powers over natural resources were expanded

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Constitution Act,
1982

The federal government and the provinces adopted new constitutional
amending formulas…any change to the Constitution that impacts one or more
provinces explicitly requires some level of consent from those provinces
affected
Provincial powers over natural resources were expanded

Constitution Act,
1982

Section 3_
Included a commitment by both levels of government to reducing e_______c
disparities and unequal access to public services between regions in Canada

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Constitution Act,
1982

Section 36
Included a commitment by both levels of government to reducing economic
disparities and unequal access to public services between regions in Canada

Canadian Federalism & the Judiciary

A key source of federal evolution has been j_______l interpretations of the basic
federal framework in the Constitution
While the Constitution sets out the basic rules of Canada’s system of
government, the courts i________t those rules whenever conflicts arise
The courts are asked to rule on disagreements between the different levels of
government over such things as the division of powers

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Canadian Federalism & the Judiciary

A key source of federal evolution has been judicial interpretations of the basic
federal framework in the Constitution
While the Constitution sets out the basic rules of Canada’s system of
government, the courts interpret those rules whenever conflicts arise
The courts are asked to rule on disagreements between the different levels of
government over such things as the division of powers

Judicial Committee of the Privy Council (JCPC) (London, England)

Between 1867 (Confederation) and 1949, the JCPC was Canada’s final court of appeal, and it rendered most constitutional decisions

Supreme Court of Canada
Replaced the JCPC as Canada’s highest court in 19__
Recognized federal control over many key areas, such as aviation and airports, offshore minerals, telephones and telecommunications, and pollution (in cases of extra-provincial implications Recognized these f_______l powers on a permanent, rather than simply emergency, basis

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Judicial Committee of the Privy Council (JCPC) (London, England)

Between 1867 (Confederation) and 1949, the JCPC was Canada’s final court of appeal, and it rendered most constitutional decisions

Supreme Court of Canada
Replaced the JCPC as Canada’s highest court in 1949
Recognized federal control over many key areas, such as aviation and airports, offshore minerals, telephones and telecommunications, and pollution (in cases of extra-provincial implications Recognized these federal powers on a permanent, rather than simply emergency, basis

Fiscal Federalism • Fiscal federalism: the complex interrelationships between the federal government and the provinces in the area of f______e Governmental spending power Refers to the right of a government to spend its own money in areas outside of normal constitutional j____________s Not explicitly discussed in the Constitution, but plays an important role in the operation of Canadian federalism While the Constitution forbids on level of government from passing l__s that regulate outside of its jurisdiction, it does not explicitly forbid them from spending money in those areas

Fiscal Federalism • Fiscal federalism: the complex interrelationships between the federal government and the provinces in the area of finance Governmental spending power Refers to the right of a government to spend its own money in areas outside of normal constitutional jurisdictions Not explicitly discussed in the Constitution, but plays an important role in the operation of Canadian federalism While the Constitution forbids on level of government from passing laws that regulate outside of its jurisdiction, it does not explicitly forbid them from spending money in those areas

Fiscal Federalism Governmental spending power Much more powerful tool in the hands of the federal government as it has a larger financial capacity than it needs for its own areas of jurisdiction As a result, the federal government has excess funds which it may direct towards p__________l jurisdictions For example, while the jurisdiction for public health care, education and social assistance fall under the provinces, the federal government has been able to use its spending power to create national policies and programs within these provincial jurisdictions

Fiscal Federalism Governmental spending power Much more powerful tool in the hands of the federal government as it has a larger financial capacity than it needs for its own areas of jurisdiction As a result, the federal government has excess funds which it may direct towards provincial jurisdictions For example, while the jurisdiction for public health care, education and social assistance fall under the provinces, the federal government has been able to use its spending power to create national policies and programs within these provincial jurisdictions

Fiscal Federalism 2 Key ways for the federal government to direct spending 1. Provide funds directly to Canadians in support of certain s_____l policies (e.g. Millennium Scholarship Fund and the Universal Child Care Benefit)

Fiscal Federalism 2 Key ways for the federal government to direct spending 1. Provide funds directly to Canadians in support of certain social policies (e.g. Millennium Scholarship Fund and the Universal Child Care Benefit)

Fiscal Federalism 2 Key ways for the federal government to direct spending 2. Fund programs through the p_______s (e.g. health care, education, child care and social assistance programs via federal tax and funding transfers) Federal government often uses its spending power to gain provincial c__________e with federal initiatives; it will use the promise or denial of federal funds as a means of getting the provinces to adopt federal policies and programs in areas of provincial jurisdictions

Fiscal Federalism 2 Key ways for the federal government to direct spending 2. Fund programs through the provinces (e.g. health care, education, child care and social assistance programs via federal tax and funding transfers) Federal government often uses its spending power to gain provincial compliance with federal initiatives; it will use the promise or denial of federal funds as a means of getting the provinces to adopt federal policies and programs in areas of provincial jurisdictions

Fiscal Federalism • 3 Key Elements Federal-provincial t__________n agreements The federal government will provide "tax points" or "tax transfers" to the provinces, which reduce f_______l tax in order to make more room for provincial governments

Fiscal Federalism • 3 Key Elements Federal-provincial taxation agreements The federal government will provide "tax points" or "tax transfers" to the provinces, which reduce federal tax in order to make more room for provincial governments

Fiscal Federalism • 3 Key Elements Federal conditional and b___k grants Sums of money which the federal government provides each year in areas of provincially provided programs, such as h____h care, education, c_____d care, and social assistance

Fiscal Federalism • 3 Key Elements Federal conditional and block grants Sums of money which the federal government provides each year in areas of provincially provided programs, such as health care, education, child care, and social assistance

Fiscal Federalism • 3 Key Elements E_________n payments System of unconditional grants provided by the federal government to "have-note" provinces based on provincial needs, in order to ensure that all provinces can offer a relatively equal standard of public services

Fiscal Federalism • 3 Key Elements Equalization payments System of unconditional grants provided by the federal government to "have-note" provinces based on provincial needs, in order to ensure that all provinces can offer a relatively equal standard of public services

Canadian Federalism and Inter-Governmental Interaction Departmental relations between governments High level of day-to-day communication between personnel from different governments Ministers, political staff and public service personnel talk to their counterparts in other governments regularly in order to share information and coordinate activities

Canadian Federalism and Inter-Governmental Interaction First M________s Conference Meetings between the Prime Minister and the P____s to discuss important governmental issues and business; typically been held annually

Canadian Federalism and Inter-Governmental Interaction First Ministers Conference Meetings between the Prime Minister and the Premiers to discuss important governmental issues and business; typically been held annually

Canadian Federalism and Inter-Governmental Interaction Council of the F_________ n Provincial/territorial forum constituted by the P_______s of each province and territory in Canada; The council's purpose is to promote inter-provincial/territorial cooperation

Canadian Federalism and Inter-Governmental Interaction Council of the Federation Provincial/territorial forum constituted by the Premiers of each province and territory in Canada; The council's purpose is to promote inter-provincial/territorial cooperation

Canadian Federalism & Indigenous Peoples Royal P__________n, 1763 Issued by King George Ill to officially claim British territory in North America after Britain won the Seven Years War Ownership over North America is issued to King George. However the RP explicitly states that Aboriginal title has existed and continues to exist and that all land would be considered Indigenous land until ceded by t_____y. It forbade settlers from claiming land from the Indigenous occupants unless it has first been bought by the C___n and then sold to the settlers Sets out that only the C___n can buy land from Indigenous peoples

Canadian Federalism & Indigenous Peoples Royal Proclamation, 1763 Issued by King George Ill to officially claim British territory in North America after Britain won the Seven Years War Ownership over North America is issued to King George. However the RP explicitly states that Aboriginal title has existed and continues to exist and that all land would be considered Indigenous land until ceded by treaty It forbade settlers from claiming land from the Indigenous occupants unless it has first been bought by the Crown and then sold to the settlers Sets out that only the Crown can buy land from Indigenous peoples

Section 91(2_) Assigns to the _______l government exclusive jurisdiction over "Indians and lands reserved for Indians" The courts have since clarified that both the I____t and the M____s are "Indians" under section

Section 91(24) Assigns to the federal government exclusive jurisdiction over "Indians and lands reserved for Indians" The courts have since clarified that both the Inuit and the Metis are "Indians" under section

91(24) The Supreme Court has also found that lands subject to unextinguished Aboriginal ttile are section 91(24) lands The constitutional authority does not translate into legal duty to ___ It does mean that provinces cannot legislate or infringe upon certain matters, though provinces can affect Indigenous people when exercising their section 9_ powers

91(24) The Supreme Court has also found that lands subject to unextinguished Aboriginal ttile are section 91(24) lands The constitutional authority does not translate into legal duty to act It does mean that provinces cannot legislate or infringe upon certain matters, though provinces can affect Indigenous people when exercising their section 92 powers

Canadian Federalism & Indigenous Peoples Constitution Act, 1982 Section 3_ The existing Aboriginal and T_____y rights of the Aboriginal peoples of Canada are hereby recognized and affirmed

Canadian Federalism & Indigenous Peoples Constitution Act, 1982 Section 35 The existing Aboriginal and Treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed

Canadian Federalism & Indigenous Peoples Indian Act (1867-2017) ``` Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves "C____e to grave" Gender discrimination in the Act ```

Canadian Federalism & Indigenous Peoples Indian Act (1867-2017) ``` Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves "Cradle to grave" Gender discrimination in the Act OFFICE Indian Act ```

SE 20 Flashcards

(39 cards)