Abstract
Canadian federalism poses unique challenges for the development of a national food policy. Under the Constitution Act, 1867, the federal government and the provinces are granted powers to govern exclusively in certain areas and to share jurisdiction in others. Where one level of government has exclusive jurisdiction, the other level of government is not permitted to interfere. However, good food system governance requires addressing policy coherence and coordination horizontally, across sectors such as agriculture, trade, health, finance, environment, immigration, fisheries, social protection, and vertically between the federal government, the provinces, and international and transnational actors. The development of a national food policy for Canada offers an opportunity to harmonize law and policymaking, and clarify the key roles that all levels of government play in the development and governance of food systems. This will require identifying sites of conflict and overlap, but also spaces for collaboration, coordination, and innovation. A national food policy will necessarily have to work within the constraints of Canadian constitutional law, but federalism and the division of powers can be harnessed to create a more just, equitable, democratic and sustainable food system.
Highlights
Federalism is a fundamental feature of the Canadian legal system
Canadian federalism has contributed to fragmented food system governance by dividing up jurisdiction without requiring interaction or coherence between different legal structures and institutions that govern our food system
We explore how federalism has shaped governance of the Canadian food system, and reflect on how a national food policy can address the fragmentation resulting from the division of powers, while at the same time drawing on the benefits of federalism
Summary
Federalism is a fundamental feature of the Canadian legal system. Under the Constitution Act, 1867, the federal government and the provinces are each granted powers to govern exclusively in certain areas and to share jurisdiction in others. We explore how federalism has shaped governance of the Canadian food system, and reflect on how a national food policy can address the fragmentation resulting from the division of powers, while at the same time drawing on the benefits of federalism. Part I provides an overview of the legal foundations of Canadian federalism and discusses the implications of the division of powers over food and agriculture governance It explores the benefits and challenges that federalism poses to ensuring policy coherence and a systems approach to food system governance in Canada. We provide a brief introduction to Canadian federalism and divisions of legislative power as they relate to the governance of the food system. It highlights how federalism has shaped the architecture of contemporary Canadian food law and policy
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have