As I had mentioned earlier what happens if a province or 3 decide not to sign off at the First Ministers conference that sits and screams at each other over Equalization. As it is a Joint Federal & Provincial responsibility – There is a ton of room for litigation.
Every 5 years it is renewed and changed – updated – so with that the province (s) can look for legal precedent.
But I could be wrong. NOT
Improving Territorial Formula Financing and Strengthening Canada’s Territories.”
http://www.aucc.ca/_pdf/english/prog...on_paper-1.pdf
Pg 29-30
REGIONAL DISPARITY AND THE CONSTITUTION ACT, 1982
Section 36 of the Constitution Act, 1982, entitled “Equalization and Regional
Disparities”, is of particular relevance here. It contains two parts, which read as follows:
(1) Without altering the legislative authority of Parliament or of the provincial
legislatures, or the rights of any of them with respect to the exercise of their
legislative authority, Parliament and the legislatures, together with the
government of Canada and the provincial governments, are committed to…
First, section 36(1) explicitly recognizes the pursuit of equity as a national
objective that is the joint responsibility of the federal government and the provinces.
This is important since much of what both the federal and provincial levels of governments do has a significant equity dimension. Thus, to the extent that the federal government has an
interest in the equitable delivery of provincial programs, section 36(1) could be used to
justify federal involvement in provincial programs through the spending power.
Every 5 years it is renewed and changed – updated – so with that the province (s) can look for legal precedent.
But I could be wrong. NOT
Improving Territorial Formula Financing and Strengthening Canada’s Territories.”
http://www.aucc.ca/_pdf/english/prog...on_paper-1.pdf
Pg 29-30
REGIONAL DISPARITY AND THE CONSTITUTION ACT, 1982
Section 36 of the Constitution Act, 1982, entitled “Equalization and Regional
Disparities”, is of particular relevance here. It contains two parts, which read as follows:
(1) Without altering the legislative authority of Parliament or of the provincial
legislatures, or the rights of any of them with respect to the exercise of their
legislative authority, Parliament and the legislatures, together with the
government of Canada and the provincial governments, are committed to…
First, section 36(1) explicitly recognizes the pursuit of equity as a national
objective that is the joint responsibility of the federal government and the provinces.
This is important since much of what both the federal and provincial levels of governments do has a significant equity dimension. Thus, to the extent that the federal government has an
interest in the equitable delivery of provincial programs, section 36(1) could be used to
justify federal involvement in provincial programs through the spending power.