Notes
| Author | Kathy L. Brock/Geoffrey Hale |
| Pages | 199-230 |
Notes
| Canadian Federalism Then and Now
Constitution Act, , & Vict, c (UK).
Multiple years for Northwest Territories signify its creation and the devolu-
tion of self-governing powers.
S See, “e Intellectual Construction of Canada’s ‘Peaceable Kingdom’ Ideal”
() : Journal of Canadian Studies at –.
P Hogg, Constitutional Law of Canada, d ed (Scarborough: Carswell,
) at .
Ibid at .
R Chens & P Johnson, e Revised Canadian Constitution: Politics as Law
(Toronto: McGraw-Hill Ryerson, ) at .
Hogg, above note at .
R Watts, Comparing Federal Systems, d ed (Montreal and Kingston: McGill-
Queen’s University Press, ) at –.
R Jackson & D Jackson, Canadian Government and Politics in Transition, th ed
(Toronto: Pearson, ) at –.
A transitional form of government from unitary to federal would be one
with a devolution of powers. However, it would only be federal if the
national government could not unilaterally rescind or alter the powers.
KC Wheare, Federal Government, th ed (London: Oxford University Press,
) at –; see below Chapter .
Hogg, above note at . For example, see W Riker, Federalism: Origin, Oper-
ation, Significance (Boston: Little Brown, ) at .; MJC Vile, e Structure
of American Federalism (New York: Oxford University Press, ) at –;
C Friedrich, Man and His Government (New York: McGraw-Hill, ) at –.
FEDERALISM IN CANADA
Watts, above note at .
T Hueglin, Federalism in Canada: Contested Concepts and Uneasy Balances
(Toronto: University of Toronto Press, ) at . In , the political div-
isions between Quebec and the other governments became quite embittered,
bringing the country to precipice of dissolution in its current form with the
separation of that province.
[ ] SCR .
[] SCR .
Reference re Secession of Quebec, above note at para .
Ibid at paras –.
Ibid at para .
Re the Initiative and Referendum Act, [] AC as quoted in Referen ce re
Secession of Quebec, above note at para .
Reference re Secession of Quebec, above note at para .
e constitutional allocation of responsib ilities and rationale for the div-
ision of powers are discussed in the following two chapters.
Reference re Pan-Canadian Securities Regulation, above note .
See for example, Reference re Securities Act, [] SCR , Canada (Attorney
General) v PHS Community Services Society, [] SCR , and Carter v Canada
(Attorney General), [] SCR .
R v Comeau, [] SCR . Note that the decision was released after the
chief justice had completed her term on the Court. e central government
changed from Conservative Party leadership when the first set of decisions
was rendered to Liberal Party hands when the later case was heard.
Reference re Pan-Canadian Securities Regulation, above note at paras –.
Ibid at paras and citing Comeau, above note .
Ibid at paras –, –.
Ibid at para .
K Weaver, “Martha Derthick on Federalism and Policy Implementation”
() : Publius: e Journal of Federalism at .
M Derthick, New Towns in Town (Washington, DC: e Urban Institute, )
at .
Derthick as quoted in Weaver, above note at .
| The Embedded Constitutional Legacy
Constitution Act, , & Vict, c (UK).
R Chens & P Johnson, e Revised Canadian Constitution: Politics as Law
(Toronto: McGraw-Hill Ryerson, ) at .
Chapter Two | The Embedded Constitutional Legacy
P Monahan, Constitutional Law: Essentials of Canadian Law (Toronto: Irwin Law,
) at –.
Chens & Johnson, above note at –.
e Liquidators of the Maritime Bank of Canada v Receiver General of New Brunswick,
[] AC , I Olmsted (PC). Cf Hodge v e Queen (), App Cas .
Enacted as Schedule B to the Canada Act , , c (UK), which came
into force on April , .
PE Trudeau as quoted in R Romanow, John Whyte & Howard Leeson,
Canada . . . Notwithstanding: e Making of the Constitution - (Toronto:
Carswell/Methuen, ) at –.
A Cairns, Charter versus Federalism: e Dilemmas of Constitutional Reform
(Montreal and Kingston: McGill-Queen’s University Press, ) at –
and –. e interaction of state and society constitutes one definition of
societal federalism, which is discussed in more detail in Chapter .
Above note .
T Hueglin, Exploring Concepts of Treaty Federalism: A Comparative Perspective. A
paper for the Research Program of the Royal Commission on Aboriginal
Peoples (August ) at –, online: https://publications.gc.ca/collections/
collection_/bcp-pco/Z-----eng.pdf.
is was modelled upon the practice of colonial laws continuing until the
legislature of a new state enacted ones to replace them.
Among other sources listed here, see C Moore, : How the Fathers Made
a Deal (Toronto: McClelland & Stewart, ); J Ajzenstat, e Canadian
Founding: John Locke and Parliament (Montreal and Kingston: McGill-Queen’s
University Press, ); and DM omas, Whistling Past the Graveyard: Consti-
tutional Abeyances, Quebec, and the Future of Canada (Toronto: Oxford University
Press, ).
Moore, above note at –; R Vipond, Liberty & Community: Canadian
Federalism and the Failure of the Canadian Constitution (Albany: State University
of New York Press, ) at .
PB Waite, e Life and Times of Confederation - (Toronto: University of
Toronto Press, ) at –.
Moore, above note at –; F Vaughan, e Canadian Federalist Experiment:
From Defiant Monarchy to Reluctant Republic (Montreal and Kingston: McGill-
Queen’s University Press, ) at ; PC Russell, Constitutional Odyssey: Can
Canadians Become a Sovereign People? d ed (Toronto: University of Toronto
Press, ).
Vaughan, above note at .
omas, above note ; G Hale, Uneasy Partnership: e Politics of Business and
Government in Canada (Toronto: University of Toronto Press, ) at –.
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