Ch. 4

Question 1

The British North America act

Answer 1

• 1876
• john a macdonald
• described the union and set out rules by which it was to be governed
• influenced by many factors including the American civil war

Question 2

Legislative authority in the constitution act

Answer 2

• 1867
• assigns areas of legislative authority to the federal and provincial legislatures

Question 3

Define legislative authority

Answer 3

• refers to the authority to enact valid laws without treading on the constitutionality assigned powers of another level of government.
• also know as “head of power”

Question 4

Jurisdictions (two types)

Answer 4

Ultra vires (“beyond the powers”)
- used to describe an act which requires legal authority but is done without it

Intra vires (“within the powers”)
- an act done under proper authority, is intra vires

Question 5

Shared jurisdiction

Answer 5

• section 95, establishes that the federal and provincial governments have concurrent jurisdiction with respect to immigration discrimination agriculture
• provinces may enact laws related to immigration and agriculture within the province as long as such law as do not contravene any federal legislation in those domains

Question 6

Residuary power

Answer 6

• law for the peace, order, and good government of Canada, in relation to all matters not combining within the classes of subjects by this act assigned exclusively to the legislatures of the provinces

Question 7

Cooperative federalism

Answer 7

• the essence of co-operative federalism is a network of relationships between the executives of the central and regional governments
• mechanisms are developed through these relationships, especially fiscal mechanisms

Question 8

What are fiscal mechanisms good for

Answer 8

• allow a continuous redistribution of powers and resources without recourse to the courts or the sending process

Ex. Equalization payments