The Banff Incorporation: A Lesson in Cooperative Federalism
AbstractThe author outlines the process by which the Banff townsite was transformed from an entirely federal entity into a municipal corporation endowed with provincial powers. The article is written from a very unique perspective as the author was a participant in the process serving as a consultant to the Department of Justice during the negotiations. He begins by tracing the constitutional framework that originally created the town and considers how this framework administered the town up until its incorporation in 1989. He then examines the constitutional problems that had to be overcome to achieve this incorporation and describes the way in which they were resolved. Finally, he surveys the agreement and reflects upon the legal status of this new hybrid entity that the agreement created.
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