The Emergence of a Normative Principle of Co-operative Federalism and its Application

Abstract

This article provides an overview of co-operative federalism within Canadian legal history and jurisprudence. The author contends that co-operative federalism has expanded to now comprise two distinct branches. “Coordinative co-operation” is the intentional coordination by federal and provincial governments to enact policy that requires the constitutional powers of both. The author contends a new branch, “conjunctive co-operation,” directs courts to prefer interpretations of federal and provincial legislation that do not bring them into conflict, allowing them to operate conjunctively. This article outlines the application of both branches in the resolution of contemporary interjurisdictional disputes and considers their implications. Finally, the article attempts to place co-operative federalism within Canada’s constitutional doctrine.