Devolution or Disunion: The Constitution after Meech Lake

Citation data:

Osgoode Hall Law Journal, ISSN: 0030-6185, Vol: 29, Issue: 4, Page: 791-837

Publication Year:
1991
Usage 170
Downloads 158
Abstract Views 12
Repository URL:
https://digitalcommons.osgoode.yorku.ca/ohlj/vol29/iss4/5
Author(s):
Massey, Calvin
article description
Professor Massey discusses the theoretical benefits of decentralized federalism and proposes constitutional changes to obtain those benefits and to respond to the disparate aspirations of the Canadian polity. He proposes that the provinces and federal government share concurrent authority over most powers, with provincial legislation paramount in cases of conflict. He suggests an empowered Senate, partially selected by the provinces and partially appointed by the federal government, aboriginal self-government, and territorial Senate representation. Finally, Massey proposes altering the constitutional amending formula to enhance public participation and facilitate amendment where unanimity is not critical.