Quote:
Originally Posted by blender
I resent you catagorizing my comments as vague assertions.
|
Well, you can resent it if you like, but that sort of rhetoric is non-responsive and dismissive of a complaint that's pretty specific. Waving at it with the back of your hand with statements like that one deserves a (mildly worded) call-out, in my opinion.
Quote:
|
The division of powers in this country has always been contentious and there is a long history of judicial challenges as well as constitutional challenges and compromises and disagreements. That is a fact and I'm confident it will remain that way as long as Canada remains.
|
This is true. However, the important difference is that in the vast majority (if not all) such cases, the dispute is between a provincial government and the federal government. Even where multiple provinces are involved (egg and milk cases, if memory serves), the Federal Government has been intractable and forceful in defending its constitutional jurisdiction. Court challenges to determine where the bright lines are between federal and provincial jurisdiction are fine, provided that it's a real contest of positions between motivated litigators.
This no longer seems to be the case. The Federal Government does not appear to value its own legislative authority enough to defend it in the face of challenges, and as a result, that authority is being flouted even absent any challenge, or where there are court challenges, they're cynical posturing moves without any realistic prospect of success. If you can show me where in the past this climate has existed throughout our history, I'm all ears. It's been about ten years since my first year constitutional law class, so maybe I've forgotten.