Structural Cooperative Federalism

This article considers the status of cooperative federalism as a legal principle in Canadian constitutionalism. It argues that our understanding of cooperative federalism – often called the “modern form” of federalism in Canada – is enriched by looking to constitutional contexts beyond the division of powers. This article focuses on just one of those contexts, that is, it explores the lessons to be learned about cooperative federalism from the text and structure of Part V of the Constitution Act, 1982.