Misplaced Pages

#124875

85-554: Both the Meech Lake and Charlottetown Accords, had they been enacted, would have controversially bestowed upon Quebec the status of a " distinct society ." The Declaration thus parted from this trend by referring to the "unique character of Quebec society" rather than endorsing the recognition of Quebec as a distinct society. The role of the National Assembly of Quebec in promoting this uniqueness (specified as including

170-532: A unitary system. The foundations of Canadian federalism were laid at the Quebec Conference of 1864 . The Quebec Resolutions were a compromise between those who wanted sovereignty vested in the federal government and those who wanted it vested in the provinces. The compromise based the federation on the constitution of the British Empire , under which the legal sovereignty of imperial power

255-669: A welfare state , a government-funded health care system and the adoption of Keynesian economics . In 1951 section 94A was added to the British North America Act, 1867 to allow the Canadian parliament to provide for pensions. This was extended in 1964 to allow supplementary benefits, including disability and survivors' benefits. The era saw an increase in First Ministers' Conferences to resolve federal-provincial issues. The Supreme Court of Canada became

340-547: A local or private nature) allows for the levying of license fees even if they constitute indirect taxation. Parliament has the power to spend money on public debt and property. Although the Supreme Court of Canada has not ruled directly about constitutional limits on federal spending power, parliament can transfer payments to the provinces. This arises from the 1937 decision of the Judicial Committee of

425-401: A new phase of constitutional consensus, marked by a more-egalitarian relationship between the jurisdictions. The federal government's quasi-imperial powers of disallowance and reservation , which Macdonald abused in his efforts to impose a centralised government, fell into disuse. During World War I , the federal Crown's power was extended with the introduction of income taxes and passage of

510-525: A part of all equally. Sovereignty is conveyed not by the governor general or federal parliament, but through the Crown itself as a part of the executive, legislative and judicial branches of Canada's 11 (one federal and 10 provincial) legal jurisdictions; linking the governments into a federal state, the Crown is "divided" into 11 "crowns". The fathers of the Canadian Confederation viewed

595-554: Is a sufficient reason to do so under Section 1 of the Charter, Section 1 would still demand that the infringement be minimized. The Accord also recognized that the distinct society clause did not undermine Canada's multiculturalism (protected under section 27 of the Charter) or Aboriginal community (protected under section 25 of the Charter and other constitutional provisions). The Charlottetown Accord (proposed amendments to

680-607: Is also subject to the rights of First Nations (since they are a relevant interest), and provincial power "is burdened by the Crown obligations toward the Aboriginal people in question". Debate exists about whether such burdens apply in the same manner in the Western provinces under the Natural Resources Acts. Management of offshore resources is complex; although management of the beds of internal waters

765-662: Is controversial as to whether Quebec can be referred to as a nation , and the use of that word in the official papers of the Accord would have probably doomed its approval in the rest of Canada. However, the "distinct society" euphemism itself seems to have shocked English Canadians , partly leading to the demise of the accord in the other provinces. Some critics, such as the Reform Party of Canada , saw it as granting special status to Quebec, which offended their vision of Canada in which all provinces are equal. Others feared that if

850-430: Is governed by the principles stated by Mr Justice Le Dain in R. v. Crown Zellerbach Canada Ltd. . The federal government is partially limited by powers assigned to the provincial legislatures; for example, the Canadian constitution created broad provincial jurisdiction over direct taxation and property and civil rights . Many disputes between the two levels of government revolve around conflicting interpretations of

935-422: Is no section 2). In doing so, the Accord would have recognized the difference of Quebec from the rest of Canada, and perhaps implicitly recognized Quebec as a nation . As author Marjorie Bowker wrote, it was primarily a reference to Quebec's " laws , its language and its culture ." The National Assembly of Quebec was then referred to in the Accord as having the power to protect Quebec's distinctiveness. It

SECTION 10

#1732787875125

1020-466: Is the reverse. The Constitution Act, 1871 allowed parliament to govern any territories not forming part of any province, and the Statute of Westminster 1931 , gave parliament the ability to pass extraterritorial laws. To rationalize how each jurisdiction may use its authority, certain doctrines have been devised by the courts: pith and substance , including the nature of any ancillary powers and

1105-519: Is vested in the provincial Crowns, management of beds of territorial seas is vested in the federal Crown (with management of the continental shelf and the exclusive economic zone ). The beds and islands of the waters between Vancouver Island and mainland British Columbia have been declared the property of the Crown in right of British Columbia . Federal-provincial management agreements have been implemented concerning offshore petroleum resources in

1190-663: The Canadian Bill of Rights , the first codification of rights by the federal government. Prime Minister Lester Pearson obtained passage of major social programs, including universal health care (a federal-provincial cost-sharing program), the Canada Pension Plan and Canada Student Loans . Quebec's Quiet Revolution encouraged increased administrative decentralization in Canada, with Quebec often opting out of federal initiatives and instituting its own (such as

1275-566: The Civil Code of Lower Canada , adopted in 1865 by the former Province of Canada, affecting federal jurisdiction continued to be in force in Quebec (if they had not been displaced by other federal Acts) until their repeal on 15 December 2004. According to the Supreme Court of Canada, "our Constitution is based on an allocation of exclusive powers to both levels of government, not concurrent powers, although these powers are bound to interact in

1360-592: The Constitution Act, 1867 (originally called the British North America Act, 1867 ), a key document in the Constitution of Canada. Some amendments to the division of powers have been made in the past century and a half, but the 1867 act still sets out the basic framework of the federal and provincial legislative jurisdictions. The division of power is reliant upon the "division" of the unitary Canadian Crown and, with it, of Canadian sovereignty , among

1445-679: The War Measures Act , the scope of which was determined by several court cases. The constitution's restrictions of parliamentary power were affirmed in 1919 when, in the Initiatives and Referendums Reference , a Manitoba act providing for direct legislation by way of initiatives and referendums was ruled unconstitutional by the Privy Council on the grounds that a provincial viceroy (even one advised by responsible ministers) could not permit "the abrogation of any power which

1530-682: The British North America Act, 1867 , as the responsibility of the federal or provincial parliaments fell to the federal legislature (the reverse of the arrangement between the federal and state congresses in the United States). The preamble of Section 91 of the Constitution Act, 1867 states: "It shall be lawful for the Queen ... to make laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within

1615-506: The Constitution Act, 1867 , lists the major federal parliament powers, based on the concepts of peace, order, and good government ; while Section 92 of the Constitution Act, 1867 enumerates those of the provincial governments. The Act puts remedial legislation on education rights, uniform laws relating to property and civil rights (in all provinces other than Quebec), creation of a general court of appeal and other courts "for

1700-585: The Constitution Act, 1867 . Public works are the property of the federal Crown, and natural resources are within the purview of the provinces. Title to such property is not vested in one jurisdiction or another, however, since the Canadian Crown is indivisible. Section 109 has been given a particularly-broad meaning; provincial legislation regulating labour used to harvest and the disposal of natural resources does not interfere with federal trade and commerce power, and royalties have been held to cover

1785-705: The Council of the Federation , established by the provincial premiers, in 2003. After the 1995 Quebec referendum on sovereignty, Prime Minister Jean Chrétien limited the ability of the federal government to spend money in areas under provincial jurisdiction. In 1999 the federal government and all provincial governments except Quebec's agreed to the Social Union Framework Agreement , which promoted common standards for social programmes across Canada. Former Prime Minister Paul Martin used

SECTION 20

#1732787875125

1870-596: The Manitoba Court of Appeal held that the federal government's position was incorrect; the constitutionally-entrenched principle of responsible government meant that "Canada had not one responsible government but eleven." Officials in the United Kingdom indicated that the British parliament was under no obligation to fulfill a request for legal changes desired by Trudeau, particularly if Canadian convention

1955-743: The Northwest Territories , since the land was vested in the federal Crown. It was vacated on some land (the Railway Belt and the Peace River Block ) by British Columbia when it entered the confederation. Title to this land was not vested in those provinces until the passage of the Natural Resources Acts in 1930. The power is not absolute, however; provincial Crown land may be regulated or expropriated for federal purposes. The administration of crown land

2040-785: The Quebec Pension Plan ). The Quebec sovereignty movement led to the victory of the Parti Québécois in the 1976 Quebec election , prompting consideration of further loosening ties with the rest of Canada; this was rejected in a 1980 referendum . During the premiership of Pierre Trudeau , the federal government became more centralist. Canada experienced "conflictual federalism" from 1970 to 1984, generating tensions with Quebec and other provinces. The National Energy Program and other petroleum disputes sparked bitterness in Alberta , Saskatchewan and Newfoundland toward

2125-547: The Wartime Leasehold Regulations Reference , which held that wartime regulations could displace provincial jurisdiction for the duration of an emergency. Additional measures were required in order to secure control of the economy during that time. Jurisdiction over unemployment insurance was transferred permanently to the federal sphere; the provinces surrendered their power to levy succession duties and personal and corporate income taxes for

2210-443: The Accord where he saw Quebec's distinct society given real substance was in the other provisions, as Quebec would gain more powers in regard to immigration . Hence, the only way Hogg saw the distinct society clause as having legal effect would be in how to read the rest of the Constitution, although he did not expect that adding a "distinct society" clause would have much practical impact. Rather than giving Quebec powers, he thought,

2295-664: The Alteration of Certain Mineral Contracts , to the Governor-in-Council for review. According to Bastedo, "[T]his is a very important bill affecting hundreds of mineral contracts. It raises implications which throw grave doubts of the legislation being in the public interest. There is grave doubt as to its validity". The act was upheld in an Order in Council by the federal government. Parliament passed

2380-611: The British parliament to approve the Constitution Act, 1982 , which it did in passage of the Canada Act 1982 . This resulted in the introduction of the Canadian Charter of Rights and Freedoms , the transfer of constitutional amendment to a Canadian framework and the addition of section 92A to the Constitution Act, 1867 , giving the provinces more jurisdiction over their natural resources. The Progressive Conservative Party under Joe Clark and Brian Mulroney favoured

2465-645: The Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces". In addition to assigning powers not stated elsewhere (which has been narrowly interpreted), this has led to the creation of the national-emergency and national-concern doctrines. The national-emergency doctrine was described by Mr Justice Beetz in Reference re Anti-Inflation Act . The national-concern doctrine

2550-427: The Constitution already indicate Quebec has distinctiveness that should be reflected in law. Canadian federalism itself, bilingualism in the federal and Quebec legislatures, educational rights, and the acknowledgment of the importance of Roman Catholicism in Quebec were cited as examples. Experts disagree on whether Quebec is a "distinct society" or "unique culture", and whether and how to enshrine such status in

2635-523: The Constitution rejected in 1992) had a so-called "Canada clause" that would have also recognized Quebec as a distinct society. In this Accord, "distinct society" was more clearly defined as including "a French-speaking majority, a unique culture and a civil law tradition", and the Charter was specified as having to be interpreted with this in mind. In the run-up to the 1995 Quebec referendum , Prime Minister Jean Chrétien opposed recognition of Quebec's distinct society until he reversed himself shortly before

Calgary Declaration - Misplaced Pages Continue

2720-657: The Constitution. The term "distinct society" was invented as a description for Quebec by Jean Lesage , the Provincial Premier from 1960 to 1966. In addition to using this terminology, Lesage also advocated that Quebec's special status be recognized in the Constitution , which presaged the constitutional amendments later proposed in the Meech Lake and Charlottetown Accords. Lesage did not achieve his desired constitutional amendment as premier. Quebec

2805-605: The Crown possesses through a person directly representing it". Social and technological changes also worked their way into constitutional authority; the Radio Reference found that federal jurisdiction extended to broadcasting , and the Aeronautics Reference found the same for aeronautics . In 1926, the King–Byng Affair resulted in a constitutional crisis which was the impetus for changes in

2890-625: The French Language and the provincial constitution to more strongly entrench French as the sole official language. In response to this, the Bloc Québécois initiated a motion in the House of Commons endorsing the constitutionality of Legault's initiatives and reasserting Quebecers' nationhood. The Commons passed the motion 281–2, with 36 abstentions. That the House agree that Section 45 of the Constitution Act, 1982, grants Quebec and

2975-504: The Judicial Committee of the Privy Council and (after 1949) the Supreme Court of Canada. The nature of the Canadian constitution was described by the Privy Council in 1913 as not truly federal (unlike the United States and Australia ); although the British North America Act, 1867 , states in its preamble that the colonies had expressed "their desire to be federally united into one Dominion", "the natural and literal interpretation of

3060-684: The National Assembly was empowered to promote Quebec's distinctiveness, a provincial government might decide Quebec must secede in order to keep its distinctiveness. Quebec Premier Robert Bourassa of the Quebec Liberal Party was a major advocate of the distinct society clause. He regarded it as granting Quebec powers that were vague and thus within the Quebec National Assembly's power to help determine; indeed, what makes Quebec distinct could change in

3145-542: The Privy Council on the Unemployment Insurance Reference , where Lord Atkin observed: "Assuming the Dominion has collected by means of taxation a fund, it by no means follows that any legislation which disposes of it is necessarily within Dominion competence ... If on the true view of the legislation it is found that in reality in pith and substance the legislation invades civil rights within

3230-644: The Privy Council. World War II 's broader scope required passage of the National Resources Mobilization Act to supplement the powers in the War Measures Act to pursue the national war effort. The extent to which wartime federal power could expand was further clarified in the Chemicals Reference (which held that Orders in Council under the War Measures Act were equivalent to acts of parliament) and

3315-504: The Province, or in respect of other classes of subjects otherwise encroaches upon the provincial field, the legislation will be invalid". In Re Canada Assistance Plan , Justice Sopinka held that the withholding of federal money previously granted to fund a matter within provincial jurisdiction does not amount to the regulation of that matter. Much distribution of power has been ambiguous, leading to disputes which have been decided by

3400-484: The Quebec Resolutions. In 1888, Edward Blake summarized that view: "[It is] a federal as distinguished from a legislative union, but a union composed of several existing and continuing entities ... [The provinces are] not fractions of a unit but units of a multiple. The Dominion is the multiple and each province is a unit of that multiple ..." The accession of Wilfrid Laurier as prime minister inaugurated

3485-463: The Resolutions. The resulting constitution was couched in more centralist terms than intended. As prime minister, Macdonald tried to exploit this discrepancy to impose his centralist ideal against chief opponent Oliver Mowat . In a series of political battles and court cases from 1872 to 1896, Mowat reversed Macdonald's early victories and entrenched the co-ordinated sovereignty which he saw in

Calgary Declaration - Misplaced Pages Continue

3570-734: The ability to make extraterritorial laws and abolish appeals to the Judicial Committee of the Privy Council . Criminal appeals were abolished in 1933, but civil appeals continued until 1949. The last Privy Council ruling of constitutional significance occurred in 1954, in Winner v. S.M.T. (Eastern) Limited . After that, the Supreme Court of Canada became the final court of appeal. In 1937, Lieutenant Governor of Alberta John C. Bowen refused to give Royal Assent to three Legislative Assembly of Alberta bills. Two would have put

3655-528: The areas around Newfoundland and Labrador and Nova Scotia . Taxation is a power of the federal and provincial legislatures; provincial taxation is more restricted, in accordance with sections 92(2) and 92(9) of the Constitution Act, 1867 . In Allard Contractors Ltd. v. Coquitlam (District) , provincial legislatures may levy an indirect fee as part of a valid regulatory scheme. Gérard La Forest observed obiter dicta that section 92(9) (with provincial powers over property and civil rights and matters of

3740-553: The better Administration of the Laws of Canada," and implementing obligations arising from foreign treaties, all under the purview of the federal legislature in Section 91. Some aspects of the Supreme Court of Canada were elevated to constitutional status in 1982. The Act lists the powers of the provincial parliaments (subject to the federal parliament's authority to regulate inter-provincial movement) in Section 92. These powers include

3825-625: The case for patriation to the British parliament "[without] bothering to ask one premier". According to the federal cabinet and Crown counsel, if the British Crown (in council, in parliament, and on the bench) exercised sovereignty over Canada, it would do so only at the request of the federal ministers. Manitoba, Newfoundland and Quebec posed reference questions to their respective courts of appeal, in which five other provinces intervened in support. In his ruling, Justice Joseph O'Sullivan of

3910-477: The colourability of legislation ; double aspect ; paramountcy ; inter-jurisdictional immunity ; the living tree ; the purposive approach ; and charter compliance (most notably through the Oakes test ). Additionally, there is the implied Bill of Rights . Jurisdiction over Crown property is divided between the provincial legislatures and the federal parliament, with the key provisions Sections 108, 109, and 117 of

3995-491: The constitutional monarchy as a bulwark against potential fracturing of the Canadian federation , and the Crown remains central to Canadian federalism. The federal–provincial distribution of legislative powers (also known as the division of powers ) defines the scope of the federal and provincial legislatures. These have been identified as exclusive to the federal or provincial jurisdictions or shared by all. Section 91 of

4080-665: The country's 11 jurisdictions. The federal nature of the Canadian constitution was a response to the colonial -era diversity of the Maritimes and the Province of Canada , particularly the sharp distinction between the French-speaking inhabitants of Lower Canada and the English-speaking inhabitants of Upper Canada and the Maritimes. John A. Macdonald , Canada's first prime minister , originally favoured

4165-489: The court of final appeal after the 1949 abolition of appeals to the Judicial Committee of the Privy Council and the federal parliament received the power to amend the constitution, limited to non-provincial matters and subject to other constraints. 1961 saw the last instance of a lieutenant governor reserving a bill passed by a provincial legislature. Frank Lindsay Bastedo , Lieutenant Governor of Saskatchewan , withheld Royal Assent and reserved Bill 5, An Act to Provide for

4250-518: The current nature and historical development of the federal system in Canada . Canada is a federation with eleven components: the national Government of Canada and ten provincial governments . All eleven governments derive their authority from the Constitution of Canada . There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament , and municipal governments which exercise powers delegated by

4335-507: The devolution of power to the provinces, culminating in the failed Meech Lake and Charlottetown accords. After merging in 2003 with the heavily devolutionist Canadian Alliance , the Conservative Party under Stephen Harper has maintained the same stance. When Harper was appointed prime minister in 2006, the frequency of First Ministers' conferences declined significantly; inter-provincial cooperation increased with meetings of

SECTION 50

#1732787875125

4420-443: The distinct society clause signalled little legal change. As he wrote in 1988, the distinct society clause is "an affirmation of sociological facts with little legal significance." He believed it was merely a reference to the fact that Quebec is the only province where most Canadians speak French rather than English and that Quebec is the only jurisdiction in Canada that practices civil law rather than common law . The only place in

4505-475: The distinct society clause would recognize that Quebec already has powers that promote distinctiveness (e.g. educational powers), and, just as before the Meech Lake Accord, the use of these powers, even to protect the distinct society of Quebec, would be limited by the Canadian Charter of Rights and Freedoms . While the Quebec government could infringe upon a right by saying Quebec's distinctiveness

4590-493: The dominant tide of constitutional doctrines; rather they have been an undertow against the strong pull of pith and substance, the aspect doctrine and, in recent years, a very restrained approach to concurrency and paramountcy issues. Notable examples include: In 1899, Lord Watson asserted during the argument in CPR v Bonsecours that neither the federal parliament nor the provincial legislatures could give legislative authority to

4675-430: The drafters of the constitution; for example, federal jurisdiction to incorporate companies is inferred from the power provinces have under Section 92 for "The Incorporation of Companies with Provincial Objects". Section 129 of the Constitution Act, 1867 provided for laws in effect at the time of Confederation to continue until repealed or altered by the appropriate legislative authority. Similar provisions were included in

4760-586: The duration of the war (and for one year afterwards) under the Wartime Tax Rental Agreement; and labour relations were centralized under federal control with the Wartime Labour Relations Regulations (lasting until 1948), in which the provinces ceded their jurisdiction over all labour issues. Canada emerged from the war with better cooperation between the federal and provincial governments. This led to

4845-492: The exploration, development and export to other provinces of non-renewable natural resources, forestry resources and electrical energy. Education is under provincial jurisdiction, subject to the rights of separate schools . Old-age pensions, agriculture and immigration are shared by federal and provincial jurisdictions. One prevails over the other in cases of conflict, however: for pensions, federal legislation will not displace provincial laws, and for agriculture and immigration it

4930-414: The expression has faded, replaced within Quebec with the term nation to describe Quebec, its people , and its state . On November 27, 2006, the federal House of Commons also voted to recognize the Québécois as a nation within Canada . As only a motion of the House, it is not legally binding. In 2021, François Legault 's Coalition Avenir Québec government in Quebec proposed to amend the Charter of

5015-423: The federal government. Although Canada achieved full status as a sovereign nation in the Statute of Westminster 1931, there was no consensus on a process to amend the constitution; attempts such as the 1965 Fulton–Favreau formula and the 1971 Victoria Charter failed to receive unanimous approval from both levels of government. When negotiations with the provinces again stalled in 1980, Trudeau threatened to take

5100-405: The future, and the distinct society clause would still recognize Quebec's progress. The Prime Minister of Canada , Brian Mulroney of the Conservatives , however, had lower expectations for the legal change it signaled. It was revealed in The Secret Mulroney Tapes that he told Newfoundland Premier Clyde Wells that "distinct society" "means dick" (i.e. nothing). Hogg was also confident

5185-407: The independence vote. However, Ontario Premier Mike Harris refused to support a constitutional amendment on the matter. A House of Commons resolution did endorse recognition of Quebec's distinct society. That recognition asked institutions of government "to take note of this recognition and be guided in their conduct accordingly." Since the death of the Meech and Charlottetown accords, the use of

SECTION 60

#1732787875125

5270-404: The law relating to escheats . Canada cannot unilaterally create Indian reserves , since the transfer of such lands requires federal and provincial approval by Order in Council (although discussion exists about whether this is sound jurisprudence). The provincial power to manage Crown land did not initially extend to Manitoba , Alberta and Saskatchewan when they were created from part of

5355-427: The leadership of the Liberal Party of Canada Stéphane Dion recalled the Declaration as being unsuccessful. "Few people remember" the Declaration, he writes, and in Quebec the Declaration was quickly dismissed by politicians because it "had no teeth". Journalist Paul Wells highlighted items he thought were missing from the Declaration, saying, "The Calgary declaration says nothing about health care , good schools,

5440-443: The meaning of these powers. In the Local Prohibition Case of 1896, the Judicial Committee of the Privy Council arrived at a method of interpretation, known as the "four-departments doctrine", in which jurisdiction over a matter is determined in the following order: By the 1930s, as noted in the Fish Canneries Reference and Aeronautics Reference , the division of responsibilities between federal and provincial jurisdictions

5525-471: The other level. Subsequent attempts to dovetail federal and provincial legislation to achieve certain ends met with difficulty, such as an attempt by Saskatchewan to ensure enforcement of a federal statute by enacting a complementary Act declaring that the federal Act would continue in force under provincial authority if it was ruled ultra vires . The Saskatchewan Court of Appeal ruled a federal and provincial Act ultra vires , voiding both as an attempt by

5610-398: The phrase " asymmetrical federalism " to describe this arrangement. The Supreme Court upholds the concepts of flexible federalism (where jurisdictions overlap) and cooperative federalism (where they can favourably interact), as noted in Reference re Securities Act . As a federal monarchy , the Canadian Crown is present in all jurisdictions in the country, with the headship of state

5695-408: The predominant use of the French language , its culture and its civil law ) was affirmed. Notwithstanding the uniqueness of Quebec's characteristics and the characteristics of other provinces, the Declaration stated that all provinces must have legal equality. Moreover, powers gained by any province during future constitutional negotiations would also have to be offered to the other provinces. In

5780-511: The process, Canadian federalism was reaffirmed as the form of Canada's government, and it was stated that this system could operate to ensure Canadians would receive social services, as long as the various levels of government "work in partnership while respecting each other's jurisdictions." The Declaration also affirmed equality rights (including " equality of opportunity ") and recognized Canada's multiculturalism , indeed asserting that Canada's "diversity" and "tolerance" are "without rival in

5865-399: The province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in

5950-405: The province to vest powers in parliament unauthorized by the BNA Act . The matter was addressed in 1950 by the Supreme Court, which held ultra vires a proposed Nova Scotia Act which would have authorized the inter-delegation of legislative and taxation authority between Parliament and the Nova Scotia legislature. In that decision, Justice Rand explained the distinction between delegation to

6035-410: The province's banks under the control of the provincial government; the third, the Accurate News and Information Act , would have forced newspapers to print government rebuttals to stories the provincial cabinet considered "inaccurate". All three bills were later declared unconstitutional by the Supreme Court of Canada in Reference re Alberta Statutes , which was upheld by the Judicial Committee of

6120-549: The province's residents would classify the Declaration as "acceptable"; 18% were opposed. Quebec Liberal Jean Charest voiced some support for the Calgary Declaration. However, a Parti Québécois minister Guy Chevrette said a referendum should take place before Quebec should adopt the Declaration, and sovereignty should be an option in such a referendum. In 2006, the eventually successful candidate for

6205-633: The provinces exclusive jurisdiction to amend their respective constitutions and acknowledge the will of Quebec to enshrine in its constitution that Quebecers form a nation, that French is the only official language of Quebec and that it is also the common language of the Quebec nation. Other euphemisms used mainly by federalist nationalists and federalists outside Quebec are different or unique society . The Calgary Declaration of 1997, for example, describes Quebec as "unique". Canadian federalism [REDACTED] Canada portal Canadian federalism (French: fédéralisme canadien ) involves

6290-495: The realities of the life of our Constitution." Chief Justice Dickson observed the complexity of that interaction: The history of Canadian constitutional law has been to allow for a fair amount of interplay and indeed overlap between federal and provincial powers. It is true that doctrines like interjurisdictional and Crown immunity and concepts like "watertight compartments" qualify the extent of that interplay. But it must be recognized that these doctrines and concepts have not been

6375-614: The relationship between the governor general and the prime minister . Although its key aspects were political in nature, its constitutional aspects continue to be debated. One result was the Balfour Declaration issued later that year, whose principles were eventually codified in the Statute of Westminster 1931 . It, and the repeal of the Colonial Laws Validity Act 1865 , gave the federal parliament

6460-459: The return of prosperity, the slow rebirth of a thoughtful Canadian foreign policy , or the possibility of sharing good ideas and ennobling projects with fellow citizens who don't speak the same language but who share the same values." Distinct society Distinct society (in French : la société distincte ) is a political term especially used during constitutional debate in Canada , in

6545-612: The second half of the 1980s and in the early 1990s, and present in the two failed constitutional amendments, the Meech Lake Accord and the Charlottetown Accord . "Distinct society" refers to the uniqueness of the province of Quebec within Canada , although here the meaning of "unique" is vague and controversial. Quebec is not explicitly declared distinct in the Constitution of Canada . However, constitutional scholar Peter Hogg argues that several parts of

6630-495: The terms of union of other territories that were subsequently incorporated into Canada. The uniformity of laws in some areas of federal jurisdiction was significantly delayed. Offences under the Criminal Code were not made uniform until 1892, when common-law criminal offences were abolished. Divorce law was not made uniform until 1968, Canadian maritime law not until 1971 and marriage law not until 2005. Provisions of

6715-467: The word [federal] confines its application to cases in which these States, while agreeing on a measure of delegation, yet in the main continue to preserve their original Constitutions". The Privy Council determined that the Fathers of Confederation desired a "general Government charged with matters of common interest, and new and merely local Governments for the Provinces". Matters other than those listed in

6800-588: The world." In recognizing Canada's diversity, the Declaration made explicit reference to the " Aboriginal peoples and cultures ." According to an opinion poll conducted by Angus Reid in November 1997, 62% of Canadians supported the Declaration's principles (39% "moderately", 23% "strongly"). 30% were opposed and 7% had no opinion. These numbers were similar to Quebec's, which found 23% "strongly" in favour and 36% "moderately" in favour (59% overall), and 30% opposed. Radio-Canada also found that in Quebec, 80% of

6885-534: Was also referred to as a distinct society by the Royal Commission on Bilingualism and Biculturalism . The Meech Lake Accord, proposed (but never enacted) amendments to the Constitution from 1987 to 1990, would have inserted the phrase "distinct society" into the Constitution Act, 1867 as part of the new section 2 of that Act (the original section 2 of the Act had already been repealed; currently there still

6970-570: Was held that the s. 92(2) power providing for "direct taxation within the province" does not extend to taxing sales on flights passing over (or through) a province, but the question of how far provincial jurisdiction can extend into a province's airspace was left undecided. However, the property and civil rights power does allow for determining rules with respect to conflict of laws in civil matters. Federal jurisdiction arises in several circumstances: The gap approach , employed sparingly, identifies areas of jurisdiction arising from oversights by

7055-594: Was modified by the conventions of colonial responsible government , making colonies of settlement (such as those of British North America ) self-governing in domestic affairs. A lengthy political process ensued before the Quebec Resolutions became the British North America Act 1867 . This process was dominated by John A. Macdonald , who joined British officials in attempting to make the federation more centralized than that envisaged by

7140-473: Was not followed. All rulings were appealed to the Supreme Court of Canada. In a decision later known as the Patriation Reference , the court ruled that such a convention existed but did not prevent the federal parliament from attempting to amend the constitution without provincial consent and it was not the role of the courts to enforce constitutional conventions. The Canadian parliament asked

7225-594: Was summarized by Lord Sankey . Although the Statute of Westminster 1931 declared that the Parliament of Canada had extraterritorial jurisdiction , the provincial legislatures did not achieve similar status. According to s. 92 , "In each Province the Legislature may exclusively make Laws ...". If a provincial law affects the rights of individuals outside the province: In The Queen (Man.) v. Air Canada , it

#124875