Canadian FederalismRS Feb08

7/29/2019 Canadian FederalismRS Feb08

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Some basic features

One of worlds oldest, most successful federations

A federal state underpinned by a federal societyand a federal economy

One of the worlds most decentralized federations Federal-provincial relationship is one of equality

and partnership, not hierarchy, paternalism

A negotiated country

A multinational country


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ORIGINS AND HISTORICAL EVOLUTION

OF CANADA/1

First encounters:

Aboriginals and Europeans

French and English: accommodating difference fromthe beginning

Confederation 1867

Coming together the British North Americancolonies for economic and political security

Coming apart accommodating French-Englishdifference

Development Canada extended from sea to sea tosea, completed 1949


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Contemporary Canada

A vast country

10 provinces; three territories.

Large variations in population, size, economic

base, incomes, population makeup A diverse country: key dimensions --language, region, Aboriginal peoples;multiculturalism

A liberal state that blends market economyand social democracy. High rating on UNHuman development Index


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CONSTITUTIONAL STRUCTURE

Two Key Constitutional Documents

Constitution Act, 1867: establishes a federal and parliamentarysystem. Canada remains a British country --- independence

comes step by step, not from revolution, as US

Constitution Act, 1982: The Charter of Rights and Freedoms;amendment formula, patriation (Constitution no longer a Britishlaw)

Continuing constitutional debate

Constitutional Principles: as stated by Supreme Court of Canada,1998: democracy, constitutionalism and rule of law; federalism;respect for minorities. Deeply ingrained in elite and popularculture


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DIVISION OF POWERS BETWEEN OTTAWA

AND THE PROVINCES

Peace, Order and Good Government a federalresponsibility suggests potential sweeping power forcenter, but

Sections 91 and 92 of the 1867 Constitution set out federaland provincial powers in detail. POGG becomes anemergency power not a general power

Watertight compartments only two areas of concurrentpowers

Reality in 2008 many more areas of concurrency asgovernment has moved into new areas (environment,communications, etc.), or areas once of little concern togovernment become more important (education, healthcare)


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Logic of Division of powers

Ottawa: foreign affairs and defense; nation-building; the economic union (trade andcommerce, banking, etc.). Basic

responsibility for social security old agepensions, unemployment. Criminal law

Provinces: mainly social and cultural matters;education, welfare, health care; infra-

structure; much economic regulation,promotion of economic development

But no clear distinctions


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Constitutional amendment

Until 1982, Canada must ask UK to amendconstitution.

1982 Constitution establishes a Canadianamending formula.

Most changes require support of federalparliament plus legislatures of 7 provinceswith total 50 per cent of population; somerequire unanimity

Makes amendment very difficult

No popular ratification


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Fiscal Federalism

Provincial proportion of total government revenue andspending highest in world

Trend since 1950s greater provincial role

Federal government and provinces have virtually identicalpowers to impose taxes, borrow

Intergovernmental transfers important, but smaller than inmost federations; fewer conditions than in most federations

Equalization a central part of the Confederation bargain

High degree of coordination in fiscal policy

But current debate over vertical and horizontal fiscal

imbalance Federal spending power, allows it to use its resources to

influence provincial priorities. Controversial, but vital elementof flexibility


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Role of Courts

Unified judicial system, federally appointed.

To 1949, Canadas highest court in UK

UK courts radically re-interpreted Constitution

to weaken federal powers, strengthen

provinces.

Since 1949, Supreme Court has sought to

balance federal and provincial powers, andplayed crucial role in constitutional wars


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Change over time

Original division of powers gives wide powers forcenter to dominate provinces e.g. disallowance andreservation. Canada in 1867 only quasi-federal.

Provinces resist federal power; courts re-interpret

constitution to limit federal power 1930s depression, World War II, and postwarconstruction of the welfare state shift power back toOttawa

From 1960s rise of Quebec nationalism, completion of

welfare state, and growing importance of areas underprovincial jurisdiction all shift power again

Today almost all constitutional jurisdictions are sharedand concurrent


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Intergovernmental Relations

Complex mix of cooperation and competition

An informal process: institutions and procedures not set out inlaw or constitution

Intergovernmental agreements set out shared priorities andclarify roles and responsibilities, but have no legal status

Two elements: FPT (all three); PT (provinces and territoriescooperating)

First Ministers, Ministers, and officials meetings and councils

Important successes in coordinating policy, but worryingemphasis on turf protection, credit claiming, blame-shifting

and buck-passing Worry about the democratic deficit decision-making behind

closed doors, little public participation, lack of accountability


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Other elements in political

system affecting federalism An electoral system that rewards small, regional parties

Result: a regionalized party system; today no truly nationalparty

Power concentrated in PM and cabinet: minority regions mayfeel frozen out

A Senate that fails to represent provinces These weaknesses at the center are a major reason for

strength of provinces

Separated federal and provincial political systems: littlemobility of officials and politicians; helps explain competitive

relationship. An independent Supreme Court that often plays an important

balancing role


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The Quebec Debate

Quebec as homeland of French-speaking

Canadians

Historically argued for provincial power

and resisted federal power

Modernizing revolution in 1960 leads to

growth of Quebec nationalism masters in

our own house.

Three competing strategies


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Quebec options/1

National bilingualism: Strong Quebecrepresentation in government; minoritylanguage services across country; focus

on individual rights, Canada-wide values Renewed federalism recognition of

special role of Quebec; asymmetry;language laws to protect French language

Independence, secession: usually linkedto association or partnership


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Quebec/4

Quebec sense of nationhood remains

But drive for independence has weakened

Post-national new world allows forgreater flexibility in relation between stateand nation

Canadian achievement: a debate about

very existence of the country conductedpeacefully and democratically on bothsides


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Province-building elsewhere

Other provinces emulate Quebec searchfor more power

See selves as responsible for broad

economic and social development,including a greater international role; resistfederal intrusions.

Extensive provincial innovation, examples:Saskatchewan (public health care);Quebec (child care); B.C. (carbon tax)


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Current Issues/1

Quebec: remains central to almost all Canadiandebate; lower on the agenda today

Oil and gas: Concentrated in Alberta

Provinces own natural resources, gain greatestbenefits from royalties, employment, etc. Ottawahas limited powers corporate taxation, exports.

Result: rapid growth of Alberta revenues,

increases disparities; strains equalization system;threatens manufacturing because of rise of dollar

Earlier federal intervention (1970s) createspolitical crisis. Caution today.


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Current issues/2

Aboriginal peoples search for justice

Is federalism a template for them: self-government for First Nations?

Challenges of size, capacities

Multiculturalism: all levels haveresponsibility to integrate new Canadians,

but main solutions lie outside federalism Enhancing transparency, accountability,

effectiveness of IGR


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CONCLUSION

Began as a Quasi-Federation: Now Is a Genuine Federation

Began as a Highly Centralized Federation: Now Is a HighlyDecentralized Federation

Division of Powers - Began With a System of WatertightCompartments: Now Powers and Responsibilities of Each

Order of Government Collide; Entanglement and Competition

The Federal Government Had a Paternalistic, Oversight Role at theBeginning: Now Provinces Are Autonomous and Two Ordersof Government Are Equally Sovereign in Their Spheres ofJurisdiction

Canada Had in 1867 and Still Has Today a Federal SystemDominated by the Executive at Both Levels

Quebecs Status in the Federation Remains Formally Unresolved,

But Life Goes On

Canadian FederalismRS Feb08

Documents

Transcript of Canadian FederalismRS Feb08