FEDERALISM AND THE MYTH OF THE FEDERAL SPENDING POWER

Authors

  • ANDREW PETTER

Abstract

This article examines the power asserted by the federal government to spend funds on programs within provincial legislative jurisdiction, and the influence of that power upon federalism and responsible government. The author maintains that the existence of a "Federal spending power" is inconsistent with Canadian constitutional doctrine and values, and that the political justifications commonly offered in its support do not withstand close scrutiny. At the same time, he contends that the extent of governmental reliance upon the spending power precludes the courts from curtailing its use. He therefore urges a program of political reform going beyond the modest limitations on the spending power proposed in the Meech Lake Constitutional Accord.

Keywords:

Constitutional Law

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Published

1989-09-01

Issue

Section

Legal Commentary