Asymmetry‐lite? The Constitutional Status of the “Terms of Union” for British Columbia, Prince Edward Island, and Newfoundland and Labrador

"Terms of Union" exist between the federal government of Canada and three Canadian provinces: British Columbia (1871), Prince Edward Island (1873), and Newfoundland and Labrador (1949). These documents once paved the way for three provinces to join Confederation. But they have also since been amended several times, and occasionally become sites of political controversy. While it is not clear that these documents are “treaties”, they do impose unique legal, constitutional and political obligations and rights on the signatory governments – obligations and rights which may not exist for other provinces. The function of these Terms of Union agreements is described and analyzed by comparing the case studies of the British Columbia railway dispute in the late 19th century and denominational education reforms in 1990s Newfoundland and Labrador. These events show not only that Terms of Union remain relevant in any discussion of constitution politics in the provinces where they exist, they are also sources of asymmetical federalism

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AntepPort. a duas tinta

Doing provincial constitutions differently : codifying responsible government in the era of executive dominance

This paper examines the changing nature of provincial constitutions in Canada. Provinces are granted the right to have their own constitutions by Sections 58-90 of the Constitution Act, 1867, and various sections of the Constitution Act, 1982. The substance of provincial constitutions includes various Acts of provincial parliaments, long-standing constitutional conventions, unwritten rules and principles and common law. With respect to the practice of responsible government, the provinces have long relied on the traditionally “flexible” nature of their largely unwritten constitutions. Using the case studies of statutes dealing with the executive and legislative branches of government in the provinces of British Columbia, Quebec, and Newfoundland and Labrador, this paper analyzes recent changes in the statutes (and therefore constitutions) of the provinces. The analysis shows that there have been many changes in provincial constitutions on the subject of responsible government. The constitutions increasingly recognize the role of the Premier and cabinets, to the detriment of the traditional roles of Lieutenant Governors and the legislatures. This is in line with general trends in Canada’s provinces toward increased executive dominance. The practice of codifying changes in provincial constitutions is also more in line with how constitutional change happens in the states of comparable federations such as Australia and the United States.Arts, Faculty ofPolitical Science, Department ofGraduat

The black soul,

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Mr. Gilhooley.

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