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The Evolution of Canadian Federalism: 1867-1967 and beyond

The Evolution of Canadian Federalism: 1867-1967 and beyond. Douglas Brown Political Science 321 2012. The Evolution of Canadian Federalism, 1867-2012. Forces of Change in the Federal System The Imperial federal government, 1867-1896 Rise of Provincial Rights

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The Evolution of Canadian Federalism: 1867-1967 and beyond

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  1. The Evolution of Canadian Federalism: 1867-1967 and beyond Douglas Brown Political Science 321 2012

  2. The Evolution of Canadian Federalism, 1867-2012 • Forces of Change in the Federal System • The Imperial federal government, 1867-1896 • Rise of Provincial Rights • The era of classical federalism: 1896-1939 • Centralization and the welfare state: 1939-66 • The rise of executive federalism: 1966-2006 • Harper era: disengagement?

  3. Forces of Change in the Federal System 1 – exogenous • Geopolitical: rise and fall of British empire, increasing econ and social integration with USA, globalization • Economic: patterns of booms and recessions, depressions, industrialization • Social: population growth, waves of immigration, westward expansion, urbanization • Political culture: increasing democracy, participation, rights and entitlements

  4. Forces of Change in the Federal System 2 – institutional evolution • Formal constitutional amendment • Judicial review -- Judicial Committee of the Privy Council (UK), Supreme Court of Canada • “Organic” statutes -- e.g. Elections Act, Supreme Court Act • Informal political conventions – e.g.’s: decline in use of disallowance and reservation powers, role of territories in intergovernmental conferences

  5. The Imperial Era – 1867-1896 • Macdonald in power – follows as much as he can the original plan • Provinces treated as junior partners • “National Policy”, railways and territorial expansion • A gradual reaction to over-centralization sets in • The fate of French outside Quebec, Louis Riel and the erosion of bicultural consensus

  6. Rise of Provincial Rights • Role of partisan politics: Conservative centralists vs. Liberal provincialists • Ontario and Quebec governments push back • Role of JCPC to define and strengthen provincial powers: • Parsons 1881 • Maritime Bank 1892 • Labour Conventions 1937

  7. Era of “Classical” Federalism, 1896-1939 • Federal and provincial governments seen as legal equals • Laurier government supports federal principles • Resource economies lead to growth in provincial revenues • Henri Bourassa: concept of English-French duality

  8. Wartime and the rise of Central Power • Effects of the Great Depression: rise of left-central critique • Rowell-Sirois report: long-term blueprint for cooperative federalism • World War II fiscal and economic centralization • The effect of the Keynesian economic model and building the welfare state • Modernization and the apparent obsolescence of federalism

  9. Post-war Cooperative Federalism • Tax rental agreements and gradual decentralization • Federal spending power • Cost-shared programs • Quebec opposition: Duplessis and the Tremblay Report

  10. Post- 1967 Federalism • The Trudeau era: • Competitive federalism • “Province-Building” • Rising Quebec nationalism • Constitutional Politics • Mulroney –Chrétien • Constitutional crisis • Fiscal crisis • Free trade and globalization

  11. Executive Federalism • Response to interdependence in federal system • Executive dominance comes from “Westminster” form of government • Bigger role due to poor degree of regional representation in central institutions • Growing importance over time

  12. Changing role of Executive Federalism • Early inter-provincial conferences • Dominion-Provincial conferences • Post war fiscal federalism • Growth of functional ministerial conferences • First Ministers and their increasing role of regional representation • Reaching Limits: Constitutional Reform

  13. Constraints on effectiveness of Intergovernmental Relations (Executive federalism) • Strong provincial autonomy • Competitive political culture • Lack of institutionalization, no constitutional status • Ad-hoc working rules • Democratic deficits

  14. The Smiley critique • Undue secrecy • Low citizen participation • Weakened accountability • Freezing out some issues and interests • Contributes to the growth of government • Continuous and unresolved conflict

  15. The Harper Era • “Open federalism” (i.e. return to “classical” division of powers) • Link with Conservative ideology: reducing the (Liberal) State. • Pulling back from: FMCs, intergovernmental solutions, third order of government (aboriginal) • Take-it or leave it fiscal relations

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