Here's the abstract:
This article considers the evolution of legal federalism over the past 30 years. It observes that since 1982 we have seen: considerable stability in the interpretation of heads of power; a judicial policy of cooperative federalism whereby both federal and provincial legislatures are afforded considerable room to legislate; an enduring interjurisdictional immunity rule that is weaker and narrower in its application; and a conflict rule that grants federal paramountcy under narrowly construed terms. By way of counterpoint to enduring federal paramountcy we have seen: broad federal powers such as Criminal Law and General Regulation of Trade and Commerce interpreted less expansively; the ancillary doctrine applied more rigorously; and the Charter of Rights and Freedoms used to limit federal paramountcy where other rules of legal federalism do not necessarily avail.
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