The idea that the Constitution is neutral on economic questions is simply wrong
At his trial, Comeau argued that the provincial law he was charged under contravened Section 121 of the Constitution Act, 1867, which requires that goods from one province must be “admitted free” into another. The trial judge agreed with his argument. Citing the text, historical context and purpose of Section 121, the court held that the New Brunswick law was unconstitutional.Sign up to receive daily headline news from the Calgary Herald, a division of Postmedia Network Inc.
In a particularly illuminating exchange during the Comeau hearing, Justice Malcolm Rowe made a claim that seemed to encapsulate the approach the court would eventually take. Responding to counsel, he said: “Now, you’ve said to us that essentially 121 is an anti-protectionist measure. You know … Constitution Act, 1867 wasn’t a document that set out policies; it set out frameworks and competences.
I am grateful to Justice Rowe for being so characteristically candid, because his statement reveals a common misconception about Canada’s Constitution. To be equally candid, the idea that Canada’s Constitution is neutral on economic questions is simply wrong. And the implications extend far beyond the proper approach to interpreting Section 121.
, I argue that Canada’s Constitution reflects a sophisticated vision of economic relations, grounded in enduring principles of political economy. In short, the Constitution is committed to four key principles pertaining to the economy: secure property rights, local autonomy, economic integration, and free internal trade. Of these principles, the first two have a decentralizing tendency, placing economic decision-making authority in the hands of property owners and provincial legislatures.
While Section 121 directly reflects the constitution’s commitment to free trade, other provisions of the Constitution achieve their purposes through more indirect means. Two mechanisms are particularly important. The first is the separation of powers between the legislative, executive and judicial branches of the state.
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Malcolm Lavoie: Driving beer across provinces is what the Fathers of Confederation wanted for usThe idea that the Constitution is neutral on economic questions is simply wrong
Read more »
Malcolm Lavoie: Driving beer across provinces is what the Fathers of Confederation wanted for usThe idea that the Constitution is neutral on economic questions is simply wrong
Read more »
Malcolm Lavoie: Driving beer across provinces is what the Fathers of Confederation wanted for usThe idea that the Constitution is neutral on economic questions is simply wrong
Read more »
Collision and subsequent impaired driving chargeMembers of the Prince Edward County Detachment of the Ontario Provincial Police (OPP) charged a driver with im...
Read more »
Spotlight: The World’s Best Snowmobile Destination campaign driving visitors to Northern OntarioThe World’s Best Snowmobile Destination campaign driving visitors to Northern Ontario
Read more »
The World’s Best Snowmobile Destination campaign driving visitors to Northern OntarioSnowmobiling in Northern Ontario is only getting better
Read more »