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In this edition of Canada: State of the Federation, contributors consider whether and to what degree the relationship between the central government and the provincial and territorial governments has changed in the past decade. The authors address three overarching questions. First, is the power base changing in Canada? If so, how are governments responding? Second, what are the implications of the changing environment for the relationships between governments? And third, are there underlying forces – such as economic or technological change, or demands for citizen engagement – that are pushing some provinces and regions to become more assertive in the global environment? The papers are organized into four categories: those that identify and analyze the changing federal environment; those concerned with the implications of the 2011 federal election; those that deal with health policy and economic federalism; and those that explore the growing importance of the North and the changing dynamics among the provinces and the federal government. Among the topics discussed are the impact of a majority government based on a West-Ontario coalition, with Quebec represented primarily by the Opposition, the implications of the trade-off between health care spending and the public financing of other essential public goods, and second-generation trade agreements, such as the Canada-European Union Comprehensive Trade Agreement.
The Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments sought to make institutions more representative of the country's diversity. In Federalism and the Constitution of Canada, award-winning author David E. Smith examines a series of royal commission and task force inquiries, a succession of federal-provincial conferences, and the competing and controversial terms of the Constitution Act of 1982 in order to evaluate both the popular and governmental understanding of federalism. In the process, Smith uncovers the reasons constitutional agreement has historically proved difficult to reach and argues that Canadian federalism 'in practice' has been more successful at accommodating foundational change than may be immediately apparent.
The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
The process used to select judges of the Supreme Court of Canada has provoked criticism from the start. Some observers argue the process - where the prime minister has unfettered discretion - suffers from a democratic deficit, but there is also disagreement regarding alternative methods of selection. The Democratic Dilemma: Reforming Canada's Supreme Court explores the institutional features of the Court, whether the existing process used to select judges ought to be reformed, the overall legitimacy of the Court, as well as the selection and appointment processes of Supreme Court justices in other liberal democracies. This book will be of special interest to students and scholars of Canadian federalism, the judiciary, and comparative supreme courts. The Democratic Dilemma: Reforming Canada's Supreme Court is the second volume in the Institute of Intergovernmental Relations' Democratic Dilemma series. The first, The Democratic Dilemma: Reforming the Canadian Senate is edited by Jennifer Smith. Contributors include Arthur Benz (Technische Universität Darmstadt, Germany), Jorge O. Bercholc (Institute of Social and Legal Research Ambrosio L. Gioja), Eugénie Brouillet (Université Laval), Erin Crandall (McGill University), Neil Cruickshank (Algoma University), F.C. DeCoste (University of Alberta), Yonatan Fessha (University of the Western Cape, South Africa), Peter W. Hogg (Blake, Cassels & Graydon LLP), Eike-Christian Hornig (Technische Universität Darmstadt, Germany), Allan C. Hutchinson York University), Achim Hurrelmann (Carleton University), Andrée Lajoie (Université de Montréal), Martin Manolov (Human Resources and Skills Development Canada), Aman McLeod (Rutgers University), Peter McCormick (University of Lethbridge), Peter Oliver (University of Ottawa), Yves Tanguay (CRIDAQ), Alan Trench (solicitor, England and Wales), and Nadia Verrelli (Algoma University and Queen's University).
Applying an innovative approach to capture varieties and dynamics of federal democracies, this collection examines the conditions, mechanisms and practices that make federal democracies work.
Regional resource disparities and the tensions they generate are a perennial Canadian topic. This edition of Canada: The State of the Federation presents essays on regions, resources, and the resiliency of the Canadian federal system. Contributors consider questions such as: to what extent do Canada’s natural resource industries benefit the Canadian economy? Do Canada’s federal institutions hinder or promote the ability of the economy to respond to global economic shifts? Do current intergovernmental structures allow for constructive dialogue about national policy issues? In responding to these and related questions, many of the authors touch on energy issues. Others consider the importance of functional institutions in a federal or multilevel context as an essential requirement for the effective resolution of issues. Together, the volume raises questions about the relationship of state and society, the importance of identity, trust, and moral legitimacy for the operation of our federal institutions, and the extent to which federal institutions are reinforced or placed under stress by societal structures. The theme of this volume was triggered by Richard Simeon, the outstanding scholar of federalism who passed away in October 2013, and it is dedicated in his honour.
This is Canada's only up-to-date collection of essays on issues in Canadian federalism, covering the Harper and Trudeau eras, as well as federal-provincial debates over healthcare, climate change, trade, and more.
Traditionally associated with the federal government, Aboriginal policy has arguably become a far more complex reality. With or without formal self-government, Aboriginal communities and nations are increasingly assertive in establishing their own authority in areas as diverse as education, land management, the administration of justice, family and social services, and housing. The 2013 State of the Federation volume gathers experts and practitioners to discuss the contemporary dynamics, patterns, and challenges of Aboriginal multilevel governance in a wide range of policy areas. Recent court decisions on Aboriginal rights, notably on the duty to consult, have forced provincial and territorial governments to develop more sustained relationships with Aboriginal organizations and governments, especially in the management of lands and resources. Showing that Aboriginal governance is, more than ever, a multilevel reality, contributors address questions such as: What are the challenges in negotiating and implementing these bilateral and trilateral governance agreements? Are these governance arrangements conducive to real and sustained Aboriginal participation in the policy process? Finally, what are the implications of these various developments for Canadian federalism and for the rights and status of Aboriginal peoples in relation to the Canadian federation?
Renewing and expanding national infrastructure is critical to the wellbeing and productivity of Canadians and is one of the foremost challenges confronting our federal, provincial and municipal governments. Not only are the required investments dauntingly large for all three levels of government, but so too is the required level of intergovernmental cooperation if our goals are to be realized. The 2015 State of the Federation volume advances our understanding of these infrastructure challenges and identifies how best to resolve them. The contributors to the volume provide historical or international comparative perspectives and utilize legal, economic, or administrative approaches to examine the nature and magnitude of the so-called infrastructure deficit and the question of how best to finance the necessary investments. The possible roles played by deficits and debt are considered, together with options such as public-private partnerships and asset recycling, and a possible Aboriginal resource tax to finance the on-reserve infrastructure needs of First Nations. Considerable attention is also paid to pricing the use of infrastructure both to achieve efficiency in use and to avoid excess demand and an exaggerated perception of the required level of investment. Other contributors examine the infrastructure-investment-decision processes at the federal and provincial levels and consider the optimal allocation of responsibility for infrastructure investments among the different levels of government, and the related issue of the role of intergovernmental transfers to underwrite this allocation.