Studies
on the Canadian Constitution and Canadian Federalism
Last
revised: 19 February 2001 | Cooperative
Federalism
Claude Bélanger, Department
of History, Marianopolis College A
quiet revolution in the structure of Canadian federalism has occurred since the
Second World War. Despite the fact that jurisdiction over subject matters was
meant to be exclusive when the Constitution Act was drafted in 1867, the needs
of modern government, the increased demands of citizens for better and more social
services and the immense financial resources of the central authority have imposed
a high degree of intergovernmental cooperation between provincial and federal
governments in Canada. Cooperative federalism
is, in essence, a series of pragmatic and piecemeal responses by the federal and
provincial governments to the circumstances of their mutual interdependence. As
such, cooperative federalism is to be contrasted to a form of classical federalism
in which the two levels carried out their respective responsibilities as assigned
by the Constitution Act in relative isolation from one another; it is also the
successor of a centralized form of federalism which emerged during and after the
Second World War (some argued that cooperative federalism was just one more revised
form of the same centralization movement). In
Canada, cooperative federalism has four main features: 1) the reliance on formal
constitutional amendments and on judicial review was largely replaced by procedures
of continuous interaction, chiefly through federal-provincial conferences between
the federal and provincial governments; 2) the federal government consulted the
provinces prior to committing itself to policies affecting the provinces; 3) all
governments attempted to articulate policies in fiscal matters, and in devising
policies for economic stability and growth; 4) the establishment of more institutionalized
structures and processes of intergovernmental relations. The
heydays of cooperative federalism were those of the administration of Lester Pearson
between 1963 and 1968. The creation of the Parti Québécois in 1968 and the advent
of Pierre E. Trudeau to power in Ottawa largely put an end to cooperative federalism. ©
2001 Claude Bélanger, Marianopolis College |