See, back when Canada was getting started there was a great deal of "colonial diversity," which is to say that there was a sharp contrast between the white, northern European, Christian farmers in Nova Scotia and the white, northern European, Christian farmers in Quebec. Canadian hero John A. MacDonald originally wanted to impose a unitary system on this cornucopia of cultural diversity, but after seeing the United States torn apart in the four bloodiest years of warfare ever witnessed on the continent when the American federalism collapsed, Mr. MacDonald changed his mind and favoured a federalist system because of course he did.
At first there were some fairly bright lines between the two levels of government responsibility, but the modern Supreme Court of Canada has decided that that approach was too easy for everyone involved and shifted instead towards a "flexible" approach to federalism where jurisdictions interact and overlap to make things maximally complicated. Basically, the court's approach to Canadian federalism is to ask everybody to get along, "harmoniously, in the spirit of cooperative federalism."
Since everyone doesn't get along in a system with eleven responsible governments, that leaves us with a bunch of problems:
Inter-provincial disputes
The federal-provincial battles I talked about in chapter 1 are just a sideshow compared to the inter-provincial battles that take place.
Alberta hates Ontario who hates Quebec who hates every other province. Newfoundland used to hate the rest of the country because we loathed them for gulping transfer payments to maintain the illusion Newfoundland belonged as part of a first-world country; now they loathe us because the tables have turned. New Brunswick is mad because no one cares about New Brunswick (even people from New Brunswick wouldn't notice if the province disappeared from the face of the Earth). British Columbia: (a) resents being stereotyped as Vancouver-only; (b) is pissed off that it didn't get any oil but still wants to participate in Western alienation and hate Ontario; and, (c) is mad that it will never win a Stanley Cup.
Tensions are exacerbated by assymetrical federalism that gives hicks on Prince Edward Island more seats in the House of Commons than they have high school diplomas and guarantees Quebec 25% of the seats in the House of Commons, contradicting the basic democratic principle that each citizen's vote should be worth the same amount.
These tensions manifest themselves during inter-provincial negotiations and drag all of us down by giving cabinet ministers axes to grind when they should be focused on negotiating concordances that maximize everyone's interests.
Redundant laws
If nothing else, federalism creates redundancies. You have 10 different provinces regulating "property and civil rights" under section 92(13) of the Constitution Act, 1867. This is important because the Supreme Court of Canada has basically said that "property and civil rights" is most things that can be regulated. Canadians in general agree on what the law should be in some cases so all ten provinces have their own similar -- but slightly different -- versions of the same laws and regulations whose only differences are below the level of what the average citizen cares about.
For example, every province has their own version of the law for changing your name. That is not the end of the world in and of itself, but it is just one example of a phenomenon that is repeated for every area of regulation. When everything is being regulated, it adds up to a lot of superfluous redundancy. And having so many variations of the same thing adds nothing to the quality of life of Canadians nor, I suspect, do they care about it. Ask a hundred what the law on changing your name is or should be and I bet approximately 2.7 of them will have any opinion or knowledge and that holds true even if half of them are lawyers.
Small provinces like PEI don't have the population to justify customized laws on every subject; that's why they will simply copy the laws in Ontario or other provinces onto their books wholesale sometimes.
Further redundancy in the law is caused by overlaps between provincial and federal authority. The Canadian model of federalism exacerbates the multi-jurisdiction problem by not having cleanly circumscribed ambits of authority for the federal and provincial governments. A good example of this is family law because marriage and divorce are federal matters so divorcing families deal with their issues using a separate sets of Acts (such as the Divorce Act) from the couples that never married even though both courts deal with child support, spousal support, custody, and access. They even use the same guidelines for child and spousal support, and they use the same test (a child's "best interests") for custody and access.
Extra resources spent
Another cost of federalism is all the extra money we end up spending for little return. For example, we have way more elections, each of which costs a significant sum ($120 million in Ontario last October) and, as a special bonus, contribute to voter apathy.
Extra resources are also spent because you have 10 versions of the same committee for each major question facing a province. This is true even when there is no good reason for provinces to disagree about the course of action, such as with cancer treatments since medical science in one province should be the same as in any other province. Maybe some provinces can afford to spend more than others but that should not be the case because equalization payments are intended to guarantee the same levels of service across the country.
Another good example is the ratings of films as appropriate for certain audiences, like "PG" and "NC-17". Unlike their American counterparts, Canadian film ratings are decided by each province individually. Unless the citizens of each province have significant differences of opinion on how much boob should be shown on television
Federal-Provincial Battles 2
I already talked about the squabbles between the federal government and the provinces that can only exist because of federalism, but I came across another good example so I want to bring it back up. Basically, Alberta and Canada are fighting over who gets to tax aboriginal cigarettes. That's stupid enough to begin with since Canadians don't care which level of governments taxes what exactly as long as there is enough as each level to balance the budgets, but it also highlights another unnecessary complication of federalism in Canada: jurisdiction over aboriginal affairs.
Aboriginal reserves are supposed to be federally administered within the provinces. That means that even if a province is running a perfectly good police force (police being a provincial responsibility under subsection 92(14) of the Constitution Act, 1967) in the area or a perfectly good hospital (subsection 92(7)), it would be a federal responsibility to administer police and hospitals on the reserve. So there are pockets of federal responsibility for what would otherwise a provincial concern dotting all the provinces wherever there are reserves. Add to that the complications caused by the disputed and (relatively) new aboriginal right under the Constitution Act, 1982 to aboriginal sovereignty.
Here is another example of federal-provincial incompatibility and intractability: I was speaking to a judge a while back. He happens to be a
Superior Court judge so he is a federal employee (whereas if he were an Ontario Court of Justice judge he would be a provincial employee and show up on the sunshine list, for example). Because the courts are
administered provincially and he works at the courthouse his secretary is a provincial employee. When it
came time to hire a new secretary for him he was allowed to sit in on the interviews
but could not ask any questions because it was strictly a provincial hire, even
though he is the guy who is going to be the secretary’s boss and will be the
most affected by the hire. He is also, being a judge, in a position you would
think would command him some degree of power over his situation, but nope, federalism.
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