Federal Principle Incorporated in the Constitution Act, 1867 and Modern Times
As it has been proven by long-standing conflicts and discrepancies between the federal government and provincial government spheres of influence, the federal principle incorporated by the Canadian Constitution Act, 1867, does not survive any criticism in the modern period of time. As it comes from the thorough analysis of the Act, some functions and responsibilities overlap, creating hardships in exercising power for both authorities. In addition to overlapping functions, some responsibilities are plainly not enumerated in the Constitution, thus going under federal responsibility, “law, order and good government” considered the residual power of the Canadian federal authority.
Judging from the summary of controversies and overlaps existing in the field of legislative and executive powers in Canada, it goes without saying that the Canadian Constitution is likely to undergo major amendments in the near future. First of all, these are the issues that have long been fought for – the very procedure of amendment introduction that at the present moment is too complex and next to impossible to accomplish. Secondly, it should be the division of legislative and executive power that is interwoven in Canada. Thirdly, the whole set of the prime Minister, Parliament’s and parties’ functioning in the country’s politics should be discussed in due course. Finally, as for legislature, the process of re-elections to the Parliament that is nowadays one of the hottest disputes should also be stipulated with the proper fixation of dates and periods.
Coming to the federalism reconsidered, it will be highly necessary to revise all functions and responsibilities of federal and provincial governments, to analyze the measure of success of both in some disputable issues such as immigration, agriculture, security frauds, etc. that nowadays are the responsibility of both, and to fix one responsible authority. In addition, the residual powers of government should also be enumerated and fixed in the written constitutional document to avoid any future misunderstanding.