For example, he argues that the federal-provincial division of powers does not need to be re-drawn, contrary to the views of many premiers: "Either level of government has sufficient constitutional authority to intervene in virtually any policy area that is deemed to be of significance in the 1990s" (220).
Apart from that, a few minor quibbles arise: The book does not directly discuss interpretative principles used by the courts in division of powers cases, such as pith and substance, double aspect, singling out and colourability; the delegation of legislative powers is touched on but not really dealt with outside the two case studies; and the complex interaction of constitutional conventions and their use in court cases are also unexplored in a text that ties many other political dimensions into the constitution.
7) This work coalesced, to some extent, with a judgment of the Supreme Court of Canada in October 2005 when, in a case similar to Insite, the Court offered a fairly straightforward answer to the division of powers question.
In Insite, the British Columbia Court of Appeal addresses the division of powers question in an aridly formal way.
14) Or, wisely taking the advice articulated by Hester Lessard in this volume, what other ways of seeing might emerge from an analysis of division of powers questions "textured by critical oppositional politics and by the democratic engagement of politically marginalized groups that takes place outside established channels of power"?
To make this argument more apparent, I will compare the result in Insite with three other division of powers cases in which the Court chose a formal approach to federalism to answer the question posed, leaving other questions of equality and colonialism unexplored.
On a strict division of powers analysis, the Supreme Court of Canada (SCC) sided with Mr.