Suchergebnisse

Since the end of hostilities in 1945, Canada has been undergoing a rapid constitutional change. The power to make laws on many vitally important matters, which on the outbreak of war in 1939 became vested in the national Parliament either under the emergency doctrine or under the specified jurisdiction over defence, has now almost entirely passed back again to the provincial legislatures. The process of decentralizaton is slower than the former centralization, but it is well under way. A shift in legislative authority is thus in process, affecting such subjects as production and investment control, labour legislation, rent restriction, regulation of prices and wages, man-power distribution, and other essential elements of economic planning. The War Measures Act ceased to be in effect on January 1st, 1946, and the National Emergency Transitional Powers Act which replaced it is being continued on a purely temporary basis. While further prolongation of the latter act may be sought on the theory that the war emergency is not yet over, the mere lapse of time will bring increasing doubt as to its constitutional validity. Sooner rather than later Canada will revert to all the constitutional limitations on the national government which existed in 1939; the one exception is unemployment insurance, the first and only transfer from provincial to federal legislative power made by formal amendment since 1867. The various taxation agreements between the central and local governments, some of which have been renegotiated on an individual basis, have not shifted the legal power to levy taxes but have merely produced a voluntary abstention on the part of some provinces in respect of certain forms of taxation.

It is appropriate that we should be studying today the growth in the functions and powers of the state. Whether we look at our federal, our provincial, or our municipal governments, whether we look abroad at our sister democracies or toward the less democratic régimes, the same phenomenon is evident; everywhere there is occurring an enlargement of the role in society which is being played by the political organisms created by man for his security and welfare. Political man is at last resurrecting himself, and political science seems likely to challenge the erstwhile supremacy of her dismal sister, economics. As this paper is being written, a second attempt is being made to build an international organization endowed with important functions in the world society, an attempt which, if successful, will add a supra-national authority to the existing state organs on the national plane. Whatever the end result may be, it is apparent that the trend away from an individualistic and unplanned society toward one that is more integrated and organic is not only continuing but is greatly accelerating.Such a development both within and between the nation states puts a strain upon national constitutions. New functions for the state mean new organs for the fulfilment of those functions, or new uses for old organs. New organs must be added to an existing structure, causing shifts of power and frequent disequilibriums. Legislative processes designed for a smaller sphere of state duties and a more leisurely pace of social change are found inadequate for the increased responsibilities of governments, and a rapid, sometimes alarming, expansion of administrative processes results. No type of state escapes these pains of adjustment, be it unitary or federal. But in the federal state a special aspect of the problem arises, with respect to the distribution of the new functions between the central and local governments. Many fear that a growing centralization may tend to destroy the regional autonomy which is a fundamental part of the federal idea.

The present world war has made further changes in the constitutional relations among the nations of the British Commonwealth. This was to be expected, for each great crisis has left its mark on that relationship in the past. The first world war ended the purely colonial period in the history of the Dominions. Their military contributions to the Allied war effort gave them a claim to equal recognition with other small states and to a voice in the formation of policy. This claim was recognized within the Empire by the creation of the Imperial War Cabinet in 1917, and within the community of nations by Dominion signatures to the Treaty of Versailles and by separate Dominion representation in the League of Nations.

To Canadians living in the 1860's, as to Canadians of the 1940's, the world seemed a very dangerous place. In many respects the threats to Canadian survival must have appeared even greater then than now. The American Civil War brought large-scale fighting closer than the present campaigns in Europe or Asia. The Fenian raids, apparently backed by wide American support, looked more ominous than U-boats in the St. Lawrence. The most disastrous international alignment that could ever befall Canadians—a war between the United States and Great Britain—appeared once again imminent. Internally there were equivalent dangers. The constitution of 1841 had broken down in the province of Canada, rendering stable government impossible. Political deadlock had been reached. Though French Canadians were able to enjoy the gratifying spectacle of British Canadians caught in the very constitutional trap—equal representation regardless of population—which had been designed to assure British supremacy, the situation could not continue. The economic outlook was no brighter. Imperial preferences had disappeared with the free trade movement, and though a successful readjustment had been made by the Reciprocity Treaty of 1854 this too was about to end. Notice of the cancellation of the Treaty was given by the United States in March, 1865. Thrust out into the economic world first by England, Canadians were rejected a second time by their other mainstay. And when they looked westward for new frontiers, they saw an advancing wave of American settlement, backed by western railways, threatening to engulf the unsettled prairies.