The Federal Government Out Manoeuvred The Provinces — What Happened To Provincial Rights —That’s When The Rubber Hits The Road !

by The Honourable A. Brian Peckford
February 14, 2023

Walk in the  park —the Feds never worked up a sweat!

Forgone conclusion!

As I keep saying—-how many have not Provinces are there drooling for more money ? Five , for sure , and look at Canada’s California, near bankrupt  Ontario , and they sure are not getting all excited about Provincial jurisdiction —they are getting $23 billion in health transfers just this year. And stumbling Newfoundland and Labrador are doing all sorts of deals with the Feds to emasculate oil and gas rights offshore which had been dully negotiated in the Province’s favour.

Just oil and gas —revenues—Provinces want —-

Health expenditures —  another matter Provinces not so eager

That’ s the problem Premier Smith now has —she was alone and had no choice but to accept —-and she knew it. Saskatchewan on side now and then .

BNA Act —Section 91 (7) Exclusive Provincial jurisdiction over health

BNA Act —Section 92(A) Exclusive Provincial Jurisdiction over non renewable natural resources.

But as I keep informing anyone who will truly listen, and as Professor Savoie points out in his book ‘Democracy In Canada , The Disintegration Of Our Institutions, ‘ we have not adjusted our bargain of 1867 and are now captured by an encroaching  Federal entity aided and abetted by the traditional centre—Upper and Lower Canada, Ontario and Quebec and a bunch of have not Provinces , more eager in taking the money from the Feds than get blamed by having to raise revenues and spend like they should.

And in changing the Constitution—-same thing——too many Provinces in the Federal Corner ( you need 7 Provinces , 50% of the population to change the Constitution)  Alberta is cornered —taking Federal health money that’s really provincial jurisdiction,    But hollering to keep all non renewal royalties because it is provincial ——-and captured by inter provincial transmission which is Federal —Newfoundland and Labrador , its hydro power and the western Provinces , especially Alberta,  their oil and gas.

And the Peoples Party of Canada speaks to this , giving more power to the Provinces through tax points—-but now you know why it does not gain the traction you would think it should. The 30 pieces of silver is easier and the blame is shared.

That’s why The Constitution Act of 1982 is so important. The Federal Government were put in their place in the September 1981 Supreme Court of Canada decision declaring federal unilateral moves to change the Constitution —-UNCONSTITUTIONAL!!!

Guess what ———the back doors opened wide with the Canada Health Act and other Social Transfers  , an activist Court system that began legislating not interpreting——a living tree theory of the Constitution not what was  written and its clear intent , and a total fabrication of how the Constitution Act 1982 came together in the first place and presto  ——

A made for measure fabricated  Pandemic comes along —

And as they say the rest is history —-

The Federal nature of our country is now , no bargain at all.