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INTRODUCTION
The federalism S. 91 & s. 92 of the Constitutional Act, 1867 What was the overall design for federalism in
Canada? What was the difference from other federal
states like the United States?
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I FRAMEWORK OF FEDERALISM
Contrast with the U.S. 13 states declared independence from 13 states ratified articles of confederation and
established the United States of America After independence, the Founding Fathers
gathered to talk about the amendment to the articles of confederation yet the convention adopted the new constitution and submitted it to states for ratification
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American federalism States have constitution to regulate state
government, while the federal constitution was designed to control the federal government.
Federal constitution merely lists the power of the federal government, while placing some limits on the states.
All the powers not delegated to the federal government belong to state and people.
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Article 1, section 8, list the subject matters the federal Congress can legislate on
The interstate commerce
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The Framers of the Constitution Act, 1867, were convinced of the necessity to establish stronger federal government in Canada
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1 S. 91 grants residual power of legislating for the peace, order, and good government of Canada to the federal Parliament.
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3. The power of the lieutenant governor to disallow provincial legislation and reserve the assent to the provincial legislation
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S. 94 grants the power of the Parliament to enact laws providing for the uniformity of laws in Ontario, New Brunswick and Nova Scotia.
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S. 94A, added in 1951, grants Parliament concurrent power to enact laws in relation to old age pension.
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S. 95 grants Parliament and provincial legislatures concurrent power over agriculture and iimigration
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The possible conflict with respect to exclusive jurisdiction of Parliament and provincial legislatures
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III DEVELOPMENT OF FEDERALISM JURUSPRUDENCE
The creation of federalism jurisprudence What is the basic framework established by
the Supreme Court and Privy Council? Was it a natural understanding or simple
misunderstanding?
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Was it appropriate for the Privy Council and the Supreme Court of Canada to intervene in the disputes between the Parliament and provincial legislatures?