Human Resources committee  The federal spending power in that area is exactly that. It's raising the money for taxes. It's the spending of money from the CRF for certain objectives. The courts have said that as long as you're not regulating within the provincial field, it's a valid use of the power.

Human Resources committee  Generally, yes, but I think they're better placed to talk about their concerns vis-à-vis their jurisdiction than I am.

Human Resources committee  Christian, do you want to go first?

Human Resources committee  With that, now we'll fall into the part that we were quite able to advise the honourable member on, and that's with respect to the federal spending power. With regard to the law in this area, as you know, there is no specific enumerated head of power in the Constitution with respect to the so-called federal spending power.

Human Resources committee  The Canada Health Act is an example.

Human Resources committee  The old CAP assistance system was based on the federal spending power, and that's one of the major cases in this area.

Human Resources committee  This is normally how these types of programs are established. The federal government sets aside a certain amount of money and the objective is certain national standards. Provinces then can decide whether or not they want to accept the funds on the terms the federal government's offering.

Human Resources committee  Well, I can tell you where the federal spending power creates issues. The federal spending power creates issues when the line is crossed vis-à-vis interprovincial jurisdiction. The courts have said the federal spending power can be used as long as it doesn't regulate within provincial jurisdiction.

Human Resources committee  Thank you, Mr. Chair. I have a very brief statement and then I'll entertain questions. My name is Mark McCombs. I'm legal counsel from the Department of Justice and the head of HRSDC legal services. I'm accompanied by Christian Beaulieu. He's senior counsel in our legal services and head of our legal services social programs group.

Human Resources committee  I was taught that less is better.