‘My creativity’ is far from the only limit
I meant it generally. Not yours particularly. And I never said it was ''the only limit''. I was in fact pretty deliberate and concise in my choice of words, so I am rather perplexed here.
, and dismissing the constitution as ‘not eternal’ does not serve to negate sections 91 and 92 that divide federal and provincial powers.
It does actually. Those sections could be entirely abrogated by constitutional amendment. I'm not suggesting this, but just pointing out that your statement is not correct. Section 41 delineates the areas that might be more problematic due to the requirement of unanimity, and in practical terms that is mostly just anything to do with the Monarch, GG, and LGs.
I took your comment to mean that you believe the feds are operating ultra vires their constitutional authorities;
I did not mean to be so legalistic. There is the letter of the law, and then the spirit of the law. And on top of that, whatever new modern framework we'd like to build.
I’m curious to know if you have specific examples of that that have not been addressed by the courts?
I'm not a fan of governance from the bench, so I won't go down that road.
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Nonetheless, here goes nuffin'. A more federalist rather than ''republican'' (centralizing) approach would serve us well in my view.
I believe the federal government should have nothing to do with education and healthcare, the primary responsibilities of provincial governments. Simplify the Canada health transfer (
predatory federalism as one put it). Cut the negotiations. Reduce it in exchange for tax points. If the provinces then fail to provide appropriate healthcare, that's on them.
Federal grants that mandate re-structuration of universities, such that have given rise to racist and sexist policies? In the bin. None of that federal micromanagement.
Feds can throw money - equitably amongst provinces - all they want. I don't accept the notion that any of it should be conditional in matters of provincial competence (or strictly provincial interest). Canadians need to stop looking up to the federal government to solve every problem. To borrow some from Pericles; if you neglect provincial politics, then provincial politics will neglect you and that's on you.
But that's not all ''weakening the federal'' means. You can also leverage mechanical/structural reform.
A number of Senators have indicated support for provincial nomination of Senators. Greater provincial influence in federal administration can be generated in a number of ways. The EU is an interesting model. We should probably find some way to reduce the PMO's power too. That probably involves some reform of how MPs and Party Leaders are elected.
It's up to me? Even the Criminal Code should be split into federal and provincial. No particular reason for the federal government to be involved in issues as local as petty thievery. Immigration is not a particularly federal issue either other than the granting of citizenship, and Lord knows that doesn't mean much anyway to the multicultural, post-national GoC.
At the end of the day, those are just some of the ideas running around in my head. I'm certain a group of dedicated and knowledgeable individuals could do better. So I will reiterate that the only limits are creativity
and the balance of interests (the latter of which gets you the 7/50... 7 provinces, 50% of the population).
What I'd like to see, truly, is a federal government that focuses on matters of federal importance, like foreign affairs, national defence, monetary policy, intelligence, emergency management, interstate (oops) commerce. In essence, those reasons for which Confederation occurred in the first place. I'm done with federal politics being a popularity contest of bizarro
Who wants to be a millionaire?.
Reminder: this was sparked by the question of whether Atlantic (or Western?) amalgamation should occur. EU member states derive much of their legitimacy among peers from their status as nation-states. Provinces don't. A more level playing field facilitates a healthier conversational negotiation between empowered provinces and economies of scale grant them the means to manage themselves. That's not to say provinces should be the be-all-end-all: devolution carries on from provinces down to regions and municipalities.