How Canadians Govern Themselves
However, the Fathers of Confederation, not
of Canada or of two or more of the provinces?
content with giving Parliament what they
(this has been used many times, notably
thought an ample general power, added, ?for
to bring atomic energy and the grain trade
greater certainty,? a long list of examples of
under exclusive national jurisdiction). A 1940
exclusive national powers: taxation, direct and
constitutional amendment gave Parliament
indirect; regulation of trade and commerce
exclusive power over Unemployment Insurance
(the courts have interpreted this to mean
and a specifi c section of the Act of 1867 gives
interprovincial and international trade and
it power to establish courts ?for the better
commerce); ?the public debt and property?
administration of the laws of Canada.? This
(this enables Parliament to make grants to
has enabled Parliament to set up the Supreme
individuals ? such as Family Allowances ? or
Court of Canada, the Federal Court of Appeal,
to provinces: hospital insurance and medicare,
the Federal Court and the Tax Court of Canada.
higher education, public assistance to the
needy, and equalization grants to bring the
As already noted, the national Parliament
standards of health, education and general
can amend the Constitution in relation to
welfare in the poorer provinces up to an
the executive government of Canada and the
average national standard); the Post Offi
ce; the
Senate and the House of Commons, except
census and statistics; defence; beacons, buoys,
that it cannot touch the offi
ce of the Queen
lighthouses and Sable Island;* navigation and
or the Governor General, nor those aspects of
shipping; quarantine; marine hospitals; the
the Senate and the Supreme Court of Canada
fi
sheries; interprovincial and international
entrenched by the amending formulas. Though
ferries, shipping, railways, telegraphs, and other
Parliament cannot transfer any of its powers
such international or interprovincial ?works
to a provincial legislature, nor a provincial
and undertakings? ? which the courts have
legislature any of its powers to Parliament,
interpreted to cover pipelines and telephones;
Parliament can delegate the administration of
money and banking; interest; bills of exchange
a federal act to provincial agencies (as it has
and promissory notes; bankruptcy; weights
done with the regulation of interprovincial and
and measures; patents; copyrights; Indians
international highway traffi
c); and a provincial
and Indian lands (the courts have interpreted
legislature can delegate the administration
this to cover Inuit as well); naturalization
of a provincial act to a federal agency. This
and aliens; the criminal law and procedure
?administrative delegation? is an important
in criminal cases; the general law of marriage
aspect of the fl exibility of our Constitution.
and divorce; and local works declared by
Parliament to be ?for the general advantage
