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Cities and the ConstitutionGiving Local Governments in Canada the Power They Need |
eBook Available
Empowering Canadian cities with the legal authority to manage their own obligations is a crucial democratic project.
Canada’s largest cities have faced exponential growth, with the trajectory rising further still. Due to their high density, cities are the primary sites for opportunities in economic prosperity, green innovation, and cultural activity, and also for critical challenges in homelessness and extreme poverty, air pollution, Indigenous-municipal relationship-building, racial injustice, and transportation gridlock. While city governments are at the forefront of mitigating the challenges of urban life, they are given insufficient power to effectively attend to public needs.
Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions.
The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.
Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions.
The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.
Details
Part of the McGill-Queen's Studies in Urban Governance (number 18 in series)
300 Pages, 6 x 9
ISBN 9780228022077
October 2024
Formats: Paperback, eBook
“Written by a diverse group of acknowledged, experienced experts, Cities and the Constitution advances the emerging Canadian and international literature on the constitutional (in the legal and political senses of that term) status of cities.” Peter Oliver, co-editor of The Oxford Handbook of the Canadian Constitution
“The question of constitutional status for Canadian cities is not new - but it is salient as never before. This timely volume explores the options for addressing this gap in cities’ power. Contributors provide a diverse and useful overview of some traditional arguments, as well as a range of creative and novel ones.” Cherie Metcalf, Queen’s Law
“The question of constitutional status for Canadian cities is not new - but it is salient as never before. This timely volume explores the options for addressing this gap in cities’ power. Contributors provide a diverse and useful overview of some traditional arguments, as well as a range of creative and novel ones.” Cherie Metcalf, Queen’s Law
Alexandra Flynn is associate professor in the Peter A. Allard School of Law at the University of British Columbia.
Richard Albert is the William Stamps Farish Professor in Law, professor of government, and director of constitutional studies at the University of Texas at Austin.
Nathalie Des Rosiers is a judge of the Ontario Superior Court of Justice.
Richard Albert is the William Stamps Farish Professor in Law, professor of government, and director of constitutional studies at the University of Texas at Austin.
Nathalie Des Rosiers is a judge of the Ontario Superior Court of Justice.
Tables vii
Foreword ix
Alan Broadbent
Acknowledgments xiii
Introduction 3
Alexandra Flynn, Nathalie Des Rosiers, and Richard Albert
Part One | Constitutional Innovation: New Paths to Municipal Autonomy 15
1 From City Autonomy to the Metagovernance of Place 19
Zack Taylor
2 Cities and the Promise of Equalization 43
Mary Janigan
3 Getting Rid of the Laundry List: Exploring the Roots and Effects of the Municipal Powers Act in Quebec 65
Benoît Frate, David Robitaille, and Jack M. Little
Part Two | Constitutional Principles: Subsidiarity 89
4 Subsidiarity as a Tool of Municipal Empowerment 93
Nathalie Des Rosiers and Iulia Anescu
5 Constitutionalizing Cities: Realizing Government Agendas or Sites for Denizen Engagement? 118
Maartje De Visser
6 Operative Subsidiarity and Indigenous-Municipal Legal Relationships 139
Alexandra Flynn
Part Three | Constitutional Innovation: New Paths to Constitutional Amendment 159
7 The Possibility of Constitutional Amendment for Municipal Empowerment 162
Emmanuelle Richez
8 A Constitutional Safeguard for Municipalities: Entrenching Protections for Local Democracy 184
Emmett Macfarlane
9 Constitutional Amendment and the Canadian City 201
Hoi L. Kong
Part Four | The Potential of Provincial Constitutions 225
10 Are Canadian Cities Entrenched in Provincial Constitutions? A Question of Political Constitutionalism 227
Erin Crandall
11 Moving Beyond the “Creatures of the Provinces” Doctrine: Exploring Pathways to Municipal Empowerment in Provincial Constitutions 243
Kristin R. Good
Contributors 273
Index 279
Foreword ix
Alan Broadbent
Acknowledgments xiii
Introduction 3
Alexandra Flynn, Nathalie Des Rosiers, and Richard Albert
Part One | Constitutional Innovation: New Paths to Municipal Autonomy 15
1 From City Autonomy to the Metagovernance of Place 19
Zack Taylor
2 Cities and the Promise of Equalization 43
Mary Janigan
3 Getting Rid of the Laundry List: Exploring the Roots and Effects of the Municipal Powers Act in Quebec 65
Benoît Frate, David Robitaille, and Jack M. Little
Part Two | Constitutional Principles: Subsidiarity 89
4 Subsidiarity as a Tool of Municipal Empowerment 93
Nathalie Des Rosiers and Iulia Anescu
5 Constitutionalizing Cities: Realizing Government Agendas or Sites for Denizen Engagement? 118
Maartje De Visser
6 Operative Subsidiarity and Indigenous-Municipal Legal Relationships 139
Alexandra Flynn
Part Three | Constitutional Innovation: New Paths to Constitutional Amendment 159
7 The Possibility of Constitutional Amendment for Municipal Empowerment 162
Emmanuelle Richez
8 A Constitutional Safeguard for Municipalities: Entrenching Protections for Local Democracy 184
Emmett Macfarlane
9 Constitutional Amendment and the Canadian City 201
Hoi L. Kong
Part Four | The Potential of Provincial Constitutions 225
10 Are Canadian Cities Entrenched in Provincial Constitutions? A Question of Political Constitutionalism 227
Erin Crandall
11 Moving Beyond the “Creatures of the Provinces” Doctrine: Exploring Pathways to Municipal Empowerment in Provincial Constitutions 243
Kristin R. Good
Contributors 273
Index 279
