Federalism, Free Trade within Canada, and the British North America Act, S.121

Abstract

The article examines Confederation-era views on free trade, tariff and non-tariff barriers, and provincial responsibilities, with regard to the drafting of s.121 of the British North America Act, 1867 (the Constitution Act, 1867), which provided that goods be "admitted free" across provincial boundaries. It proposes that a strong "founders' intent" cannot be ascribed to s.121, which should be understood within the constitutional architecture of the British North America Act and the principles of federalism and provincial responsible government.

Keywords: Canada, constitution, confederation, federalism, interprovincial trade, British North America Act, s.121

JEL Classification: N71, N72