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The Past, Present, and Future of Canadian CitiesWhere the Law Went Wrong and How We Can Fix It |
eBook Available
What lessons can we draw from other federal systems to improve the constitutional and legal design of Canadian municipalities?
In 1861, just a few years before Confederation, 84 per cent of Canadians lived in rural areas; today, it’s less than 20 per cent. Our municipal governments are asked to do more for their citizens than ever before, yet they must confront myriad challenges – from the public health pandemic to the housing crisis – without the tools they need. They have no constitutional protection from jurisdictional overstepping by provincial governments and no assurance that they will be able to complete any effort they undertake.
The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance.
The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.
The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance.
The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.
Details
Part of the McGill-Queen's Studies in Urban Governance (number 19 in series)
330 Pages, 6 x 9
19 figures, 18 tables
ISBN 9780228022329
October 2024
Formats: Paperback, eBook
“An important volume, containing practical and illuminating contributions for public servants as well as scholars. There is considerable interest in these topics, locally and globally.” David Miller, author of Solved: How the World’s Great Cities are Solving the Climate Crisis
“This ambitious and timely volume counters the continued invisibility of cities in constitutional orders and thought. The Past, Present, and Future of Canadian Cities is completely unique and will have a wide appeal.” Graham Hudson, Toronto Metropolitan University
“This ambitious and timely volume counters the continued invisibility of cities in constitutional orders and thought. The Past, Present, and Future of Canadian Cities is completely unique and will have a wide appeal.” Graham Hudson, Toronto Metropolitan University
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 and Figures vii
Foreword ix
Don Iveson
Acknowledgments xiii
Introduction: Can Canada’s Constitution Keep Pace with Canadian Cities? 3
Alexandra Flynn, Richard Albert, and Nathalie Des Rosiers
Part One | Past: A Legal History of Cities and the Constitution
1 Canadian Municipalities and Responsible Government: Taxation, Delegation, and Empire from Durham to Hodge 21
Jean-Christophe Bédard-Rubin
2 Tax, Borrow, and Spend: Municipal Finance in Ontario, 1886–1941 47
Almos Tassonyi
3 Protecting Democratic “Creatures”: Municipal Democracy and Subsection 92(8) of the Constitution Act, 1867 110
Mary Eberts, Stéphane Émard-Chabot, William B. Henderson, and Jordan Samaroo
Part Two | Present: Cities as Contemporary Sites of Legal Innovation
4 Obligations of Cities Towards Indigenous Peoples: Municipal-Indigenous Relations in Canada 149
Joanne Heritz
5 Cities and COVID-19: A New Municipal-Provincial Emergency Framework? 172
Anneke Smit
6 Cities in the Brazilian Constitution: The Right to the City, and Antiracist Construction of Spaces 195
Miguel Calmon Dantas and Marina Costa Esteves Coutinho
Part Three | Future: Learning from Global Cities
7 Towards Reimagining the Autonomous City 213
Amal Sethi
8 Empowering Cities by Constitutional Pluralism 229
Konrad Lachmayer
9 Constitutional Recognition of Cities: What Dynamic Federalism Has to Offer 251
Patricia Popelier
10 The Entrenchment of Metropolitan Cities in the Italian Constitution 266
Erika Arban
Conclusion: Constitutionalism and the Intentionality of Cities 285
Patricia Burke Wood
Contributors 303
Index 309
Foreword ix
Don Iveson
Acknowledgments xiii
Introduction: Can Canada’s Constitution Keep Pace with Canadian Cities? 3
Alexandra Flynn, Richard Albert, and Nathalie Des Rosiers
Part One | Past: A Legal History of Cities and the Constitution
1 Canadian Municipalities and Responsible Government: Taxation, Delegation, and Empire from Durham to Hodge 21
Jean-Christophe Bédard-Rubin
2 Tax, Borrow, and Spend: Municipal Finance in Ontario, 1886–1941 47
Almos Tassonyi
3 Protecting Democratic “Creatures”: Municipal Democracy and Subsection 92(8) of the Constitution Act, 1867 110
Mary Eberts, Stéphane Émard-Chabot, William B. Henderson, and Jordan Samaroo
Part Two | Present: Cities as Contemporary Sites of Legal Innovation
4 Obligations of Cities Towards Indigenous Peoples: Municipal-Indigenous Relations in Canada 149
Joanne Heritz
5 Cities and COVID-19: A New Municipal-Provincial Emergency Framework? 172
Anneke Smit
6 Cities in the Brazilian Constitution: The Right to the City, and Antiracist Construction of Spaces 195
Miguel Calmon Dantas and Marina Costa Esteves Coutinho
Part Three | Future: Learning from Global Cities
7 Towards Reimagining the Autonomous City 213
Amal Sethi
8 Empowering Cities by Constitutional Pluralism 229
Konrad Lachmayer
9 Constitutional Recognition of Cities: What Dynamic Federalism Has to Offer 251
Patricia Popelier
10 The Entrenchment of Metropolitan Cities in the Italian Constitution 266
Erika Arban
Conclusion: Constitutionalism and the Intentionality of Cities 285
Patricia Burke Wood
Contributors 303
Index 309
