British Columbia’s Guardian Angels… Straight from Hell? BC’s Civil Forfeiture Act Case
Category: Federalism, Constitutional Issues
Recently, the Supreme Court of British Columbia ruled that certain provisions of BC’s Civil Forfeiture Act,[1] which allows the BC government to seize property allegedly “tainted” by crime, were an […]
A Fair Deal for Alberta: Are Changes to the Equalization Program Coming?
Category: Federalism, Constitutional Issues
On 17 June 2020, the Government of Alberta released the Fair Deal Panel’s report.[1] The Fair Deal Panel, created by Premier Jason Kenney, interviewed and curated responses from Albertans on […]
Courts of Appeal Split on Validity of Carbon Tax
Category: Federalism, Constitutional Issues
In order to meet its obligations under the Paris Climate Change Agreement, Canada implemented the Greenhouse Gas Pollution Pricing Act (“GGPPA”) in 2018.[1] Colloquially known as the “carbon tax,” the […]
Containing a Virus and Government Power: Restrictions on the Federal Response to COVID-19
Category: The Charter, Federalism, Constitutional Issues
Canada’s provinces and territories have all declared states of emergency or public health emergency in response to the COVID-19 pandemic.[1] Declaring a state of emergency allows the government to secure […]
Emergency Powers and the Emergencies Act
Category: Federalism, Pandemic
* This article is an edited excerpt of “Climate Emergency vs Emergency Powers” by Michael Graham originally published on June 27, 2019. Emergency Branch: Peace, Order, and Good Government (“POGG”) The Constitution […]
The Feds and a Conversion Therapy Ban: Mixed Messages and Constitutional Challenges
Category: The Charter, Fundamental Freedoms (Section 2), Legal Rights (Sections 7-14), Federalism
In 2019, the federal government has been inconsistent about a potential ban on conversion therapy even though the practice is harmful and professionally disregarded. This article will pose and attempt to answer a series of questions: What is the ‘therapy’
A National Pharmacare Plan Requires Cooperative Federalism
Category: Federalism
Introduction: Proposed Pharmacare Canada is the only OECD country with universal health coverage that does not include prescription drugs.[1] Canadian provinces have different regulations for prescription coverage – offering a mix of programs that subsidize drug costs, often depending on factors
Wrangling with the Law: Can Federalism Save Rodeo Animals?
Category: Federalism
Introduction The Calgary Stampede is an annual rodeo and festival held every July in Calgary, Alberta. The event hosts one of the world’s largest rodeos in which people from all over the world come to compete. However, each year a
The ‘Carbon Tax’. Wait, can the feds do that?
Category: Federalism
The highest provincial courts of Saskatchewan and Ontario both found the Greenhouse Gas Pollution Pricing Act (“the Act”), better known as the ‘carbon tax’, constitutional. But not everyone agrees.[1] Debating the constitutionality of the ‘carbon tax’ appears to be the new national pastime.
Back to the basics – Pipeline dispute sees use of traditional constitutional doctrines
Category: Federalism
Introduction The Trans Mountain (“TMX”) pipeline expansion was reapproved in June 2019. While awaiting the decision, the province of British Columbia considered introducing environmental legislation that would allow them to regulate the transport of hazardous substances, including heavy oil, within
A Long and Uncertain Road to Alberta Independence
Category: Federalism
Alienation Accelerated Premier Jason Kenney has suggested that Canada is facing a “crisis of national unity” because Albertans, and other western Canadians, are feeling disrespected by the rest of the country.[1] Premier Kenney has cited a poll from the Angus Reid Institute where
Opting Out
Category: Federalism
The term ’opting out’ in Canadian constitutional discourse refers broadly to any action by which a province, of its own volition, is excluded from a measure that applies to the other provinces. However, it is important to distinguish clearly between
Natural Resources
Category: Federalism
By contrast to the manufacturing economies of Ontario and Quebec, the economies of the western provinces have traditionally emphasized primary production of oil, gas, wood, minerals and grains. These natural resources are sold largely in interprovincial and international markets. In
Meech Lake Accord
Category: Federalism
Quebec’s refusal to accept the patriation package in 1981 caused it to feel somewhat alienated from the Canadian ’constitutional family.’ This led to renewed constitutional discussions, beginning around 1985, in which the government of Quebec made a series of proposals
Watertight Compartments
Category: Federalism
This article was written by a political sciences student for the general public. ‘Watertight Compartments’ ‘Watertight compartments’ is an expression used to describe a particular vision of federalism. Also known as ‘classic’ federalism, this model is a strict understanding of