4 ms·

There's not really much difference between the idea of states and provinces. Just like US states, they have laws and elected officials to themselves. It's the s

There's not really much difference between the idea of states and provinces. Just like US states, they have laws and elected officials to themselves. It's the same in many other countries as well. It's pure American exceptionalism to think their "states" are somehow unique in this.

sandworm101 10y ago
Does any other country have separate courthouses for the local and federal governments? Courthouses that hear virtually identical cases, but apply different rules of evidence and procedure depending upon in which states the litigants reside? Courthouses that literally cannot be allowed touch each other? There are four or five standard courses at US law schools virtually dedicated to state/fed splits. The American system of divided sovereigns is exceptional. It's weird.
- jhbadger 10y ago
  Yes. Provincial courts are a thing in Canada in addition to Federal courts. I'm not sure about the "not touching" rule, but they are separate, because many offenses at the provincial level (i.e. not having a sign in French for your business in Quebec) aren't offenses at the Federal level.
  - msbarnett 10y ago
    Hell, the entire Quebec legal system is distinct from anywhere else in Canada, owing to its roots in France's legal traditions. https://en.wikipedia.org/wiki/Quebec_law https://en.wikipedia.org/wiki/Quebec_law
    - Canada 10y ago
      Only civil law.
      - msbarnett 10y ago
        This is just goal post shifting. That the US and Canada draw different lines between federal and state/provincial matters does not magically make the Provincial government of Newfoundland some adjunct arm of the government of Canada. Yes, in Canada, criminal law is a purely federal matter. Things that aren't a federal matter, like civil law, or like the bloody relocation program this story was about, vary wildly between provinces. This whole insane dispute was whether you could refer to the actions of one Province as being a program run by "The government of Canada" without hopelessly misleading any sane person into believing it was a federal program. You simply cannot. It's a massive misunderstanding of Canada's governments to think otherwise. On Provincial matters, the provinces are wholly independent and asinine pedantry about minuteau of how constitutional devolution of powers to states or provinces works doesn't change that.
- msbarnett 10y ago
  > Does any other country have separate courthouses for the local and federal governments? The very country we're discussing here, Canada, does. Federalism is not a uniquely American institution. Canada is a federal state: https://en.wikipedia.org/wiki/Canadian_federalism https://en.wikipedia.org/wiki/Canadian_federalism
  - sandworm101 10y ago
    No. All canadian courts are under the SCC. We have a single sovereign. So-called "provincial" courts are directly answerable to the SCC. They are not the highest courts in their provinces on any matters. The US system of state/fed courts is totally different. Take it from someone who actually practices in both.

sandworm101 10y ago

Does any other country have separate courthouses for the local and federal governments? Courthouses that hear virtually identical cases, but apply different rules of evidence and procedure depending upon in which states the litigants reside? Courthouses that literally cannot be allowed touch each other? There are four or five standard courses at US law schools virtually dedicated to state/fed splits. The American system of divided sovereigns is exceptional. It's weird.

jhbadger 10y ago
Yes. Provincial courts are a thing in Canada in addition to Federal courts. I'm not sure about the "not touching" rule, but they are separate, because many offenses at the provincial level (i.e. not having a sign in French for your business in Quebec) aren't offenses at the Federal level.
- msbarnett 10y ago
  Hell, the entire Quebec legal system is distinct from anywhere else in Canada, owing to its roots in France's legal traditions. https://en.wikipedia.org/wiki/Quebec_law https://en.wikipedia.org/wiki/Quebec_law
  - Canada 10y ago
    Only civil law.
    - msbarnett 10y ago
      This is just goal post shifting. That the US and Canada draw different lines between federal and state/provincial matters does not magically make the Provincial government of Newfoundland some adjunct arm of the government of Canada. Yes, in Canada, criminal law is a purely federal matter. Things that aren't a federal matter, like civil law, or like the bloody relocation program this story was about, vary wildly between provinces. This whole insane dispute was whether you could refer to the actions of one Province as being a program run by "The government of Canada" without hopelessly misleading any sane person into believing it was a federal program. You simply cannot. It's a massive misunderstanding of Canada's governments to think otherwise. On Provincial matters, the provinces are wholly independent and asinine pedantry about minuteau of how constitutional devolution of powers to states or provinces works doesn't change that.
msbarnett 10y ago
> Does any other country have separate courthouses for the local and federal governments? The very country we're discussing here, Canada, does. Federalism is not a uniquely American institution. Canada is a federal state: https://en.wikipedia.org/wiki/Canadian_federalism https://en.wikipedia.org/wiki/Canadian_federalism
- sandworm101 10y ago
  No. All canadian courts are under the SCC. We have a single sovereign. So-called "provincial" courts are directly answerable to the SCC. They are not the highest courts in their provinces on any matters. The US system of state/fed courts is totally different. Take it from someone who actually practices in both.