Abstract
This paper argues Canada’s decentralized federation plays an influential role in thwarting environmental regulations at the federal and provincial levels of government. The text is structured as follows: the author’s argument comes first, which is followed by an opposing viewpoint and a subsequent rebuttal reaffirming the author’s stance. The paper’s evidence is based on scholarly journal articles, lectures, and textbooks. The author’s arguments build on the Constitution’s ambiguity regarding environmental responsibilities: the ambiguity promotes a piecemeal approach to environmental regulations at the provincial level. This results in unsynchronized policies across Canada which weakens the overall efficacy of the environmental policies. Moreover, despite attempts at clarifying environmental responsibilities there is still dissonance because Canada is a decentralized federation. Subsequently, the federal government cannot force synchronization or compliance. Furthermore, at times, the federal government must underplay its hand even when it takes constitutionally charged actions because sound environmental actions require provincial actions as well. Ultimately, this paper showcases how decentralized federalism plays federal and provincial level governments against each other when it comes to environmental regulations. This results in poor environmental policies at all levels of government.
Highlights
Canada is a decentralized federation: there is a division of power between the federal and provincial governments such that neither is subordinate to the other.[1]. This political structure muddles responsibilities in terms of environmental regulation, an area already saturated with failures
Canada’s decentralized federation leads to a patchwork of regulations across Canada: these environmental regulations vary in terms of their stringency and mechanics
The federal government cannot exercise the full breadth of its power for areas under its jurisdiction, like the Kyoto Protocol, because strong climate change mitigation policies involve the provinces as well
Summary
Federalism-e is an electronic student journal about federalism, multi-level governance, and intergovernmental relations put forth in collaboration between Queen's University and the Royal Military College of Canada. This annual journal will publish papers by undergraduate students, which are reviewed by an editorial board composed of their peers, in both English and French languages. It is a bilingual, undergraduate electronic journal with a mandate to provide a forum to encourage research and scholarly debate with respect to a wide variety of issues concerning federalism both within Canada and abroad.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
