Cities and the Constitution

Giving Local Governments in Canada the Power They Need

Edited by Alexandra Flynn, Richard Albert, and Nathalie Des Rosiers
Foreword by Alan Broadbent
Categories: Philosophy, Political Science, Law & Legal Studies
Series: McGill-Queen's Studies in Urban Governance
Publisher: McGill-Queen's University Press
Paperback : 9780228022077, 264 pages, October 2024
Ebook (PDF) : 9780228022084, October 2024
Ebook (EPUB) : 9780228022091, 264 pages, October 2024

Empowering Canadian cities with the legal authority to manage their own obligations is a crucial democratic project.

Description

Canada’s largest cities have faced exponential growth, with the trajectory rising further still. Due to their high density, cities are the primary sites for opportunities in economic prosperity, green innovation, and cultural activity, and also for critical challenges in homelessness and extreme poverty, air pollution, Indigenous-municipal relationship-building, racial injustice, and transportation gridlock. While city governments are at the forefront of mitigating the challenges of urban life, they are given insufficient power to effectively attend to public needs.

Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions.

The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.

Reviews

“Written by a diverse group of acknowledged, experienced experts, Cities and the Constitution advances the emerging Canadian and international literature on the constitutional (in the legal and political senses of that term) status of cities.” Peter Oliver, co-editor of The Oxford Handbook of the Canadian Constitution

“The question of constitutional status for Canadian cities is not new – but it is salient as never before. This timely volume explores the options for addressing this gap in cities’ power. Contributors provide a diverse and useful overview of some traditional arguments, as well as a range of creative and novel ones.” Cherie Metcalf, Queen’s Law