Thursday, 6 August 2009

I Wonder How This Plays to the Base

Read this.

Contrast with this announcement.

Is there not a conflict there?

Please note, I am not saying national standards are a bad idea (I generally endorse them as a matter of fact.) This question is purely political. Does this not fly in the face of core principles/beliefs of Harper and the federal Conservatives? Or am I misinterpreting the spirit (if not the letter) of the constitutional division of powers?

3 comments:

ADHR said...

IANAL, but I think that the separation of powers in Canada has a lot more flexibility to it than in other countries (like, say, the US). The feds can impose standards, but can't control how those standards are met. See Health Act, Canada, The.

Catelli said...

Yeah it does appear that this is something that's been needed for quite some time.

From what research I have done, this is existing legislation badly in need of an update.

Though I would be surprised if some province (Quebec?) didn't whine about federal meddling in provincial affairs.

ADHR said...

I think it's a Constitutional problem, though. Our Constitution doesn't really recognize the existence of the provinces, let alone apportion the powers in a hard and fast way. Then again, the BNA Act might recognize them, and I'm nowhere near enough of a lawyer to figure out how many of those provisions remained in force after '82.

Really what we need is a Constitutional Convention where we open the whole thing up and figure out how we want to run the country going forward. Like Britain, we're a bit of a slapdash of conventions and ancient statutes, and the whole edifice is steadily breaking down. (To be fair to the Brits: that they don't have a Constitution as such seems to work in their favour, as it builds a flexibility into the system which doesn't exist in ours.)