FELDSTED: Quebec recognized the incremental incursion of federal governments on provincial subjects and stood up for herself. We see the results of ensuing negotiations
One of
the least understood portions of our constitution is the obligations of the
federal government set out under Section 91:
91. It shall be lawful for
the Queen, by and with the Advice and Consent of the Senate and House of
Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming
within the Classes of Subjects by this Act assigned exclusively to the
Legislatures of the Provinces; and for greater Certainty, but not so as to
restrict the Generality of the foregoing Terms of this Section, it is hereby
declared that (notwithstanding anything in this Act) the exclusive Legislative
Authority of the Parliament of Canada extends to all Matters coming within the
Classes of Subjects next hereinafter enumerated ...
...
and any matter coming within any of the Classes of Subjects enumerated of a
local or private Nature ... assigned exclusively to the Legislatures of the
Provinces.
We
need to pause here and consider three very important principles:
- Under the initial clause of Section 91, it is clear that federal authority cannot override the classes of subjects assigned to the provinces;
- Under the final clause of Section 91 it is equally clear that classes of subject assigned to provinces cannot be construed as authority to override enumerated federal classes of subject; and
- The lists of classes assigned are not powers. They are classes of subjects assigned to the federal government as areas of responsibility in which to act on behalf of the people. It is a list of federal duties to the nation that cannot be legally transferred to the provinces.
We
have long lived under a false premise, encouraged by successive federal
governments, that the federal government is a higher authority than the
provinces.
That is not so.
“Peace, order and good
government” are the words used in section 91 of the British North America Act
of 1867 (now Constitution Act, 1867) to define the Canadian Parliament’s
lawmaking authority in relation to provincial authority. The phrase’s vague and
broad definition of Parliament’s authority over provincial matters has caused
tensions between federal and provincial governments over the scope of powers
since Confederation. It has come to be considered the Canadian counterpart to
the United States’ “life, liberty and the pursuit of happiness.”
~~ The Canadian Encyclopedia ~~
If you
look at the list of subjects assigned to the federal government, they are
either beyond the capability of a single province to administer, or are
intended to prevent the chaos of having ten different sets of laws, for the
conduct of ordinary affairs.
Federal subjects are different from but not
superior to provincial subjects.
Quebec
woke up to this some time ago, and recognized the incremental incursion of
federal governments on provincial subjects, and stood up for herself. We see
the results of ensuing negotiations.
Federal
governments have used the first line of the Section 91 preamble to make laws on
subjects not enumerated as provincial:
It shall be lawful for
the Queen, by and with the Advice and Consent of the Senate and House of
Commons, to make Laws for the Peace, Order, and good Government of Canada, in
relation to all Matters not coming within the Classes of Subjects by this Act
assigned exclusively to the Legislatures of the Provinces;
Federal
governments refer to this section as the Peace, Order and Good Government
section, which gives it authority to expand the subjects assigned to it ... but
then tries to avoid the responsibilities included.
For
example, the federal government has no constitutional authority to spend funds
on international aid. It cannot show Canadians that spending huge sums on
foreign aid is in their best interests. It is ludicrous for a federal
government to include large expenditures in foreign aid in a deficit budget.
It is in the best interests of Canadians to avoid
deficit budgets and pay down the national debt.
The
federal government is not in the compassion business and cannot make a case for
the necessity of foreign aid when we have people living in poverty, unable to
afford homes, suffering untreated mental ailments and insufficient medical
personnel to meet the demands of an aging population.
Providing compassion to foreigners it refuses to
extend to residents is not on.
The
federal government is responsible for indigenous people, access to clean water,
education, health care, housing, and municipal services. They are failing thousands of people in
hundreds of locations.
That is a constitutional responsibility. Foreign
aid is not.
The
federal government has no constitutional authority to participate in the United
Nations, or to spend money on the United Nations, or any of its agencies. The
UN has proven completely incapable of protecting any nation from internal
rebellion, or outside attack, and has about 65 million refugees to prove it.
The Canadian government is not in the business of
cleaning up after UN failures.
NATO
and NORAD are different as they are organizations aimed at mutual defence of
members and part of the federal obligation to protect Canada.
Stayed
tuned as I will shortly be discussing, and taking a look at, the basic list of
subjects assigned to provinces.
John
Feldsted
Political Consultant & Strategist
Winnipeg,
Manitoba
Comments
Post a Comment