Federalism in Canada: Contested Concepts and Uneasy Balances

Federalism in Canada tells the turbulent story of shared sovereignty and divided governance from Confederation to the present time with three main objectives in mind. The first objective is to convince readers that federalism is the primary animating force in Canadian politics, and that it is therefore worth engaging with its complex nature and dynamic. The second objective is to bring into closer focus the contested concepts about the meaning and operation of federalism that are at the root of the divide between English Canada and Quebec in particular. The third objective is to give recognition to the trajectory of Canada’s Indigenous peoples in the context of Canadian federalism, from years of abusive neglect to belated efforts of inclusion. The book focuses on the constitution with its ambiguous allocation of divided powers, the pivotal role of the courts in balancing these powers, and the political leaders whose interactions oscillate between intergovernmental conflict and cooperation. This focus on executive leadership and judicial supervision is framed by considerations of Canada’s regionalized political economy and cultural diversity, giving students a compelling and nuanced view of federalism in Canada.

Table of Contents:
Prologue: Approaches to Canadian Federalism A Personal Account by Means of Acknowledgement Contested Concepts as the Underlying Dynamic and Central Theme Organization and Outline 1 An Introductory Understanding of Canadian Federalism Shared Sovereignty Power of the Courts Sunny Ways of Compromise Fiscal Imbalance Executive Dominance Imperfection 2 Confederation Coming Together Lately Relics of Empire Unitary Impositions Federal Accommodations Parliamentary Concessions "Indians" An Incomplete Contract 3 Judicial Interpretations Pith and Substance From Need to Necessity Beyond Provincial Concern Federalism Demands Nothing Less Law and Politics 4 From a Crisis of Capitalism to a Crisis of Federalism Dramatic Crisis and BNA Act Federalism at a Loss Prairie Populism Enlightened Reactionaries Rowell-Sirois Commission Reversal of Functions 5 Mostly Fiscal Relations Tax Sharing Cost Sharing Fiscal Equalization Under the Indian Act Fiscal Imbalance and the Spending Power 6 Difference, Dependency, and Displacement Quebec Nationalism Western Alienation Eastern Dependencies Indigenous Displacement Regionalism and Federalism 7 Patriation and the Constitution Act, 1982 The Long Road to Patriation Amendment Charter Aboriginal Rights Flexible Renewal 8 The Unfinished Business of Canadian Federalism Constitutional Politics Secession and Clarity Interstate Federalism and Intrastate Federalism Indigenous Land Rights and Self-Government Shifting Identities 9 Contested Concepts of Canadian Federalism A Plural Compact of Provinces or a Dual Compact of Nationalities? How Much Autonomy or Interdependence? Treaty Federalism Epilogue: Still a Federal Country Bibliography Index

About the Author :
Thomas O. Hueglin Thomas O. Hueglin is a professor in the Department of Political Science at Wilfrid Laurier University.

Review :
"Federalism in Canada is fresh and matter of fact, a constitutional travelogue." - Holly Doan (Blacklock’s Reporter) "I highly recommend this book to all students of federalism interested in understanding how the Canadian federal system came to be and how it evolved over the past century and a half. It is a textbook example of a contribution that is perfectly balanced between advancing knowledge and making scholarly research accessible to the public." - Félix Mathieu, University of Winnipeg (Canadian Journal of Political Science) "This book rightfully should take its place within this scholarly history of federalism as a useful and original contribution." - James T. McHugh, University of Akron (Publius: The Journal of Federalism)