5 ms·

Provinces aren't states, but, for example, I live in a distinct nation to you (I assume, if you are under the "aegis of Britain" ;) There is no written constit

by herge 7y ago

Provinces aren't states, but, for example, I live in a distinct nation to you (I assume, if you are under the "aegis of Britain" ;) There is no written constitution, but there are specific acts, charters and traditions that form constitutional law, and define the clear divisions of responsibility between the provincial and federal government. That includes my government's right to set laws about signage of commercial establishments, specific consumer rights I get, and also the commercial law around the sale of both alcohol and cannabis.

derefr 7y ago
> I assume, if you are under the "aegis of Britain" ;) Not me, but certainly the provincial legislative assemblies of 1867 :) > there are specific acts, charters and traditions that form constitutional law, and define the clear divisions of responsibility between the provincial and federal government The difference is that these powers are a delegation of federal power to the provinces, rather than reservation of state power away from a federation. The relationship between the federal and provincial governments in Canada is a lot like the relationship between the Queen and the parliament in Britain: in practice, right now, the Queen is powerless; but technically, the parliament's power derives from the Queen, and there's nothing legally stopping a monarch from revoking that delegation of power. In the current cultural climate, that'd be unthinkable; but all it would take is "mere" sectarian shift to allow for it.
- eigenvector 7y ago
  No, that's not correct. Provincial and federal power are both derived equally and in parallel from the Crown. One is not subordinate to the other.
bawolff 7y ago
This is canada we are talking about not britian or anywhere else. There is a written constitution (there are also unwritten parts of the constitution but that is beside the point). The written constitution lays out the powers of different levels of government. https://www.canada.ca/en/intergovernmental-affairs/services/federation/distribution-legislative-powers.html https://www.canada.ca/en/intergovernmental-affairs/services/... Inparticular to quote the gov of canada website: >"For example, the federal Trade and Commerce power (s. 91(2)) has been interpreted to mean that Parliament can regulate trade generally in Canada, as well as the flow of trade across provincial or international borders, but cannot regulate the operation of particular industries, businesses or professions within provinces. The provincial power over Property and civil rights (s. 92(13)) gives provinces the authority to regulate trade and commerce within their respective territory."

by herge 7y ago

derefr 7y ago

> I assume, if you are under the "aegis of Britain" ;) Not me, but certainly the provincial legislative assemblies of 1867 :) > there are specific acts, charters and traditions that form constitutional law, and define the clear divisions of responsibility between the provincial and federal government The difference is that these powers are a delegation of federal power to the provinces, rather than reservation of state power away from a federation. The relationship between the federal and provincial governments in Canada is a lot like the relationship between the Queen and the parliament in Britain: in practice, right now, the Queen is powerless; but technically, the parliament's power derives from the Queen, and there's nothing legally stopping a monarch from revoking that delegation of power. In the current cultural climate, that'd be unthinkable; but all it would take is "mere" sectarian shift to allow for it.

eigenvector 7y ago
No, that's not correct. Provincial and federal power are both derived equally and in parallel from the Crown. One is not subordinate to the other.

bawolff 7y ago

This is canada we are talking about not britian or anywhere else. There is a written constitution (there are also unwritten parts of the constitution but that is beside the point). The written constitution lays out the powers of different levels of government. https://www.canada.ca/en/intergovernmental-affairs/services/federation/distribution-legislative-powers.html https://www.canada.ca/en/intergovernmental-affairs/services/... Inparticular to quote the gov of canada website: >"For example, the federal Trade and Commerce power (s. 91(2)) has been interpreted to mean that Parliament can regulate trade generally in Canada, as well as the flow of trade across provincial or international borders, but cannot regulate the operation of particular industries, businesses or professions within provinces. The provincial power over Property and civil rights (s. 92(13)) gives provinces the authority to regulate trade and commerce within their respective territory."