February 25, 2013
With the election of a pro-sovereignty party in Québec last September, the questions about Québec’s future within the Canadian federation have once again surfaced. While there is no referendum about Québec’s future on the horizon—in part because the ruling Parti Québécois made only a vague commitment in last year’s election campaign to conduct such an exercise, and in part because the Parti Québécois forms a minority government in the National Assembly—it is appropriate to look at the workings of Canadian federalism and see how Québec has accommodated itself within the system.
It is useful to remember that all three countries in North America are federations: Canada, the U.S. and Mexico. All three federalist systems operate differently. There is not a “one size fits all” brand of federalism. In the last 50 years, all three federations have had their challenges. Regional tensions, jurisdictional battles and the aspirations of federated states like Québec have contributed to changes in how these federations operate. Of the three North American federations, Canada is the most decentralized—in fact, it is one of the most decentralized countries in the world.
Canada’s federation has a defined distribution of powers, some exclusive to each order of government—either federal or provincial—and some shared between the two. Economics, culture, immigration, and the environment are shared jurisdictions. All powers not enumerated in Canada’s federal constitution are relegated to the central government through what is called the residual clause.
Despite this more decentralized federation, disputes have periodically surfaced within Canada when central government policies affect provincial jurisdictions through federal spending power or the development of new programs. Since Canada’s creation as a federation in 1867, we have undergone periods of centralizing federal policies as well as periods of greater provincial autonomy. In Canada as in other federations, the Supreme Court has often been called to adjudicate these disputes. The federated state of Québec has been at the center of these conflicts more than any other, always arguing to protect existing powers or add new jurisdictions.