Friday, May 20, 2022
No Result
View All Result
  • Media
Support Us
Macdonald-Laurier Institute
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
  • Experts
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Energy
      • Health Care
      • Justice
      • Social issues
      • Social licence
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
  • Experts
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Energy
      • Health Care
      • Justice
      • Social issues
      • Social licence
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
No Result
View All Result
Macdonald-Laurier Institute

Fred Vaughan on the JCPC: Same Old, Same Old

October 31, 2010
in Domestic Policy Program, Latest News, Political Tradition
Reading Time: 2 mins read
A A

Groan! Another book arguing that the British North America Act (1867) called for a “strong central government”!

It’s said endlessly: John A. and the Fathers of Confederation wanted a central government that would take the lead in defining the new country but their vision was fatally undermined by the evil Brits who served on the Judicial Committee of the Privy Council, Canada’s highest court of appeal until 1949.

Did I say “evil Brits”? Fred Vaughan’s biography of Lord Haldane, recently published by the Osgoode Society for Canadian Legal History, refers to the noteable JCPC judge as “The Wicked Step-Father of Confederation.” (Thanks to Chris Moore for alerting me to Vaughan’s new publication.)

The conventional story is wrong. Macdonald did not envisage a central government that would lord it over the provinces. He wanted a central government that would be strong within the sphere of its responsibilities as described in the constitution. The Fathers use the phrase “strong central government” to indicate that they are not proposing a loose alliance of provinces but a true federation with an exhaustive division of constitutional powers. Each level of government was to be “strong” in its own sphere.

Though as far as I know the Fathers did not use the phrase “watertight compartments,” favoured by the JCPC, it perfectly captures their intentions. The JCPC got it right.

Think of George-Etienne Cartier, friends. He’s leading his people into a union in which French-speakers will be in a minority. He would never have thrown in his lot with Macdonald if he had thought it would weaken the ability of the province of Quebec to protect its way of life. As I argue in the essay appended to G.P. Browne, ed., Documents on Confederation (MQUP), Cartier and George Brown see eye to eye on this matter; neither wants a central government free to meddle in provincial affairs. And yet both speak of the necessity for a “strong central government.” It’s time to rethink the meaning of that phrase as the Fathers use it. To repeat: in my opinion, it’s their way of indicating that the Quebec Resolutions describe a true federation rather than a mere alliance or compact among the colonies.

If you’re making up a reading list of the subject of the JCPC may I suggest that you add: Paul Romney, Getting it Wrong, How Canadians Forgot Their Past and Imperilled Confederation, University of Toronto Press.)

[From The Idea File]

Posted by Janet Ajzenstat

Previous Post

MLI Report Card: Government Response to Human Smuggling

Next Post

MLI’s Robson “shakes” blogosphere with his latest

Related Posts

Putin’s biggest achievement in Ukraine: Strengthening and uniting global democracies
Foreign Affairs

Putin’s biggest achievement in Ukraine: Strengthening and uniting global democracies

May 20, 2022
MLI experts available to comment on Canada’s ban on Huawei from 5G
Latest News

MLI experts available to comment on Canada’s ban on Huawei from 5G

May 19, 2022
The least-cost path to net zero needs oil and gas: Jack Mintz in the Financial Post
Energy

Ottawa’s “just transition” needs to be challenged for encouraging fantasy around oil and gas: Heather Exner-Pirot in the Calgary Herald

May 18, 2022
Next Post

MLI's Robson "shakes" blogosphere with his latest

Macdonald-Laurier Institute

323 Chapel Street, Suite #300
Ottawa, Ontario
K1N 7Z2 Canada

613.482.8327

info@macdonaldlaurier.ca
MLI directory

Follow us on

Newsletter Signup

First Name
Last Name
Email Address

Support Us

Support the Macdonald-Laurier Institute to help ensure that Canada is one of the best governed countries in the world. Click below to learn more or become a sponsor.

Support Us

Inside Policy Magazine

  • Current Issue
  • Back Issues
  • Advertising
  • Inside Policy Blog
  • Privacy Policy

© 2021 Macdonald-Laurier Institute. All Rights reserved.

No Result
View All Result
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
  • Experts
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Energy
      • Health Care
      • Justice
      • Social issues
      • Social licence
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media

© 2021 Macdonald-Laurier Institute. All Rights reserved.

IDEAS CHANGE THE WORLD!Have the latest Canadian thought leadership delivered straight to your inbox.
First Name
Last Name
Email address

No thanks, I’m not interested.