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95 Canada Health and Social transfer (CHST) A block grant, which only condition attached to the funding were the observance of the principles of the Canada Health act. Ottawa gave up rights to dictate programs, and the provincial governments risked "claw-back" of funds if they violated conditions.
Block Funding Reducing it’s cash subsides the federal government effectively gave up control over programs in provincial jurisdiction at one stroke, it reduced both hierarchy of government and to a lesser degree interdependence. A shift of programs to the states like healthcare and welfare to the provinces was a program of block funding, not conditional funding.
Common law ("Case Law") Entrenched constitutional law defines the powers and duties of institutions, levels of government, and citizens in broad terms. The broad terms is subject to interpretations by judicial review.
Constitution act of 1982 Added an amending formula to the Constitution because the 1867 did not contain a comprehensive amending formula it just was an ordinary british statue passed by Parliament in Westminster, therefore the parliament retained the power to amend it until 1982.
Economic Union The goal of creating a single national economy, without internal barriers to trade or mobility, transcending provincial jurisdictions.
Entrenched laws Laws that are contained in the Constitution. (1867, 1982) – Some laws and documents are not formally entrenched. Supreme Court act of 1875, Canadian Bill of Rights, Canada Elections act, The Indian Act, Constitutional veto act. Federal laws maybe amended, or repealed by a simple majority of both house of parliament there subject matter is clearly within constitutional realm.
Equalization program 1957 Reduces the horizontal imbalance by giving each province a fixed percentage of the income tax collected in its territory. Note, it does not promote federal paramountcy because there are no conditions attached to the federal money; nor does it affect interdependence.
Executive Federalism The formal relations among the executives of Canada’s senior government occur at three distinct levels: Peak, Ministerial, Official.
Explain Unbalanced Federation Constitution of 1867 gave the provincial governments jurisdiction over education, health care and welfare. Ottawa was responsible for railways and defense, so Ottawa gained taxing powers.
Federal Spending Power The federal government used its spending power to determine provincial programs, spending priorities, and standards. By attaching conditions to the receipt of federal funding, ottawa was able to legislate indirectly in provincial fields of jurisdiction. Thus, the era of cooperative federalism witnessed the persistence of hierarchy, even as policy-making became even more interdependent.
Fiscal Federalism The financial relationship between the federal and provincial governments.
Horizontal imbalance Ottawa gains control of central government by getting tax powers. The imbalances is between state (provincial power was offset).
Interstate Federalism Resolves regional conflict through negotiations between heads of government.
Intrastate Federalism Designed to resolve regional conflicts by reflecting regionalism within the institutions of central government; regional electorates choose there national representatives.
Ottawa view on Federal Paramountcy Ottawa has increased the amount of conditions on transfer payments and taken other steps to reassert federal paramountcy in provincial jurisdictions.
Quebec Nationalist views on federalism These people favor negotiations among national leaders, which fits the "two-nations" vision of confederation.
Reference Cases Court rulings on legal or constitutional issues that do not arise from lower-court appeals. The executive branch of government submits a question to the judicial branch for a definitive resolution. 1998 Secession Reference is a good example.
Residual power The written constitution separates exististing policy jurisdiction between the two levels of government. Residual power is assigned to the federal government by the preamble.
Shared-cost Programs Address the vertical imbalance between the revenues and the spending responsibilities of each government. Ex, conditional, matching grant. Federal spending power was used to legislate, controlling the federal budget was impossible (decision made else where), federal parliament had no role in fiscal federalism, even though constitution entrenches them to do so.
Social Union The goal of creating a cohesive national network of social programs, so that Canadians in every province and territory receive a similar package of services.
Stare decisis Latin for "the decisions stands" (judges bound by rulings of other higher courts)
Tax Points Instead of collecting income taxes and then sending the money to provinces, under the extended wartime tax-rental agreement, the federal government agreed to let the provinces collect their own income taxes and decide how to spend their money.
The link between political culture and constitutional conventions Constitutional conventions allow our political institutions to adapt to changes in political culture, without the necessity of formally amending the written constitution.
Ultra Vires "beyond the power of" Used when a court rules that a particular law does not belong within the constitutional jurisdiction that adopted it. A law immediately ceases to have any force or effect.
Vertical Imbalance Economic imbalance between the federal government and provincial governments. The provinces dramatic increase in federal government from ottawa.
Western Regionalist views on Federalism This group believes to prefer intrastate solutions, which would enhance the representation of the smaller provinces within the national political system.
What do Quebec nationalist and Western Populous have in common? Canada’s national political institutions do not adequately serve regional interests. Shifting more powers from Ottawa to the provinces to enhance capacity to express regional interests.