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three orders of government
DCHP-2 (May 2014)
1expression — Administration, Politics
referring to the federal, provincial/territorial and municipal governments together.
Type: 5. Frequency — The three orders of government are the federal, provincial and municipal levels of government, also often called the "three levels of government" (see second Parliament of Canada reference). They constitute a division of power among the government and lead to stated distributions of responsibility throughout the system (see the 2006 quotation). The three orders of government are essential to the system of Canadian federalism and the terminology is not only most frequent in Canada (see Chart 1), but also has considerable cultural-political salience.
Quotations
1988
The other is "The Federal Government and Voluntary Sports Organizations," by Donald Macintosh. He is fairly exact on happenings but almost without feel for political motives or the limitations exercised by the constitutional divisions of powers among our three orders of government.
1992
"The principle... is no longer at issue. For all practical purposes the debate over inherent rights is over," he said. Considering the situation even three years ago, he said, that is "a remarkable achievement." But Mr. Siddon said it raises other questions, such as "when there are three orders of government in Canada instead of two [provincial and federal], what economic resources will aboriginal governments have to draw upon?"
2004
So why are municipal governments being treated like the passengers on the Titanic, as if there aren't enough lifeboats, so someone has to pick winners and losers? This shouldn't be about triage. It should be about getting at the root of the problem: the unequal division of tax revenue among the three orders of government.
2006
Within Canadian federalism, there are three orders of government: federal, provincial - comprising ten provinces and three "territories" - and municipal. These orders of government make up a complex structure within which governmental responsibilities are distributed.
2012
After decades of complaints, the poor state of First Nations schools is finally getting some of the attention needed at federal, provincial and local levels. The three orders of government signed a memorandum of understanding in Alberta two years ago and have been studying the problems together since, expecting to make recommendations public this fall.
2016
In Canada, Open Government programs are being rolled out by all three orders of government, and many include open dialogue initiatives. But there are still people inside and outside government who resist this. They worry that open dialogue will quickly degenerate into a free-for-all that paralyzes decision-makers or saddles governments with bad policies.
2expression — Politics, First Nations
the idea that beyond federal, provincial/territorial and municipal governments, an independent level of Aboriginal governments, a second third level, is to be respected.
Type: 4. Culturally Significant — The term can also refer to the federal, provincial and Aboriginal levels of government (see the 1992 quotations). This meaning gained currency after its inclusion in section 35.1 (2) of the failed 1992 Charlottetown Accord, when "government and Aboriginal leaders agreed to a third order of government in Canada" (see the 1994 quotation); Aboriginal governments would thus be of an equal, not subordinate, status to the federal and provincial governments (Webber 1994: 170). The three orders of government are intricately linked to the right to self-government (see self-government), as this right is supposed to be interpreted "in a manner consistent with the recognition of the governments of Aboriginal peoples of Canada [as] constituting one of three orders of government" (see Canadian Encyclopedia, s.v. "Charlottetown Accord: Document"). Thus, the acknowledgement of Aboriginal governments in this document, though it was not legally ratified by all parties and thus failed, as one of the three orders of government acts as the foundation for self-government in Canada (see the first Parliament of Canada reference).
As noted by the 1996 Royal Commission of Aboriginal Peoples Report, "the three orders are autonomous within their own spheres of jurisdiction, thus sharing the sovereignty of Canada as a whole. Aboriginal governments are therefore not like municipal governments, which exercise powers delegated from provincial and territorial governments [...]. Canadian governments are coming gradually to accept the idea of shared sovereignty and Aboriginal self-government" (see AANDC reference).
As noted by the 1996 Royal Commission of Aboriginal Peoples Report, "the three orders are autonomous within their own spheres of jurisdiction, thus sharing the sovereignty of Canada as a whole. Aboriginal governments are therefore not like municipal governments, which exercise powers delegated from provincial and territorial governments [...]. Canadian governments are coming gradually to accept the idea of shared sovereignty and Aboriginal self-government" (see AANDC reference).
Quotations
1992
One of three orders of government The Constitution should be amended to ensure that governments of aboriginal peoples have the constitutional status of one of three orders of government in Canada (federal, provincial and aboriginal). The wording and placement of reference(s) to the third order of government are still to be determined.
1992
The Constitution would now acknowledge that native people have always had the right to govern themselves; the "inherent" right of self-government. This would set up three "orders" of government - federal, provincial and aboriginal.
1999
Lawyer Joanna Birenbaum, who represented First Nations in the case along with colleague Murray Klippenstein, said Pitt's ruling reinforces the notion of aboriginal bands as one of three orders of government, along with Ottawa and the provinces.
2003
My vision is of a Canada in which First Nations' status as one of three orders of government is a fact -- where relations between First Nations and the Crown are based on mature and equitable nation-to-nation relationships. A Canada in which our rights as peoples are honoured and respected. A Canada in which First Nations children can expect a standard of living equivalent to their non-native neighbours. A Canada in which our economic, political and cultural survival as First Nations is assured.
2008
The issue was raised at a number of constitutional conferences through the 1980s. The Charlottetown Accord, if ratified, would have made aboriginal government one of the three orders of government under the Constitution, in addition to granting native Senate seats, special representation in the House of Commons, and rights that would have over-ridden the Charter. It remains one of the most important and unresolved dilemmas facing Canadian democracy.
References
- Parliament of Canada • "ABORIGINAL SELF-GOVERNMENT"
- Parliament of Canada • "The Three Levels of Government"
- Webber (1994)
- AANDC • "Highlights from the Report of the Royal Commission on Aboriginal Peoples: People to People, Nation
- The Canadian Encyclopedia • "Charlottetown Accord: Document"
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