Constitutional Division of Powers
The Constitution Act, 1867 divides powers between federal and provincial governments. Provinces have exclusive jurisdiction over healthcare, education, natural resources, property and civil rights, and other matters. The federal government has jurisdiction over trade, defence, criminal law, and matters of national concern.
Areas of Overlap and Tension
Many modern issues don't fit neatly into 1867 categories:
- Environment: Provinces control natural resources; the federal government has jurisdiction over national environmental issues
- Healthcare: Provincial jurisdiction, but federal funding comes with conditions
- Energy: Provinces own resources, but interprovincial trade is federal
The Spending Power
The federal government uses its spending power to influence provincial policy areas. By attaching conditions to transfers (like the Canada Health Act requirements), Ottawa can shape provincial programs. Some provinces view this as overreach; others see it as ensuring national standards.
Recent Federal-Provincial Friction
Areas of recent dispute include:
- Carbon pricing and environmental regulations
- Healthcare funding levels and conditions
- Natural resource development approvals
- Immigration levels and distribution
Approaches to Federal-Provincial Relations
More Provincial Autonomy
Proponents argue provinces should have more freedom to set their own policies without federal conditions. This view emphasizes constitutional jurisdiction and regional diversity.
Cooperative Federalism
This approach emphasizes negotiation and joint decision-making between orders of government. It seeks to balance national standards with regional flexibility.
Strong Federal Role
Some argue that national challenges require national solutions and that the federal government should set standards to ensure equality across provinces.
Questions to Consider
- In which areas should provinces have more autonomy?
- Where are national standards most important?
- How should disagreements between governments be resolved?