the Canadian State

Institutions and Politics: Foundational Issues

• Politics is a dynamic power struggle where conflicting interests vie to shape public policy.
• Institutions provide the framework for politics, governing and implementing public policy to ensure social order through rules and values.
• Early historical institutionalism focused on legal rules governing institutions, using historical analysis.
• Early historical institutionalism limitations include being descriptive, narrow, legalistic, and static, struggling with the dynamic nature of institutions.
• Modern institutionalism explores the interplay between institutions and society, examining institutional change drivers.

Challenges of Institutional Change

• Institutions are shaped by societal values and beliefs, reflecting society.
• Debate exists regarding whether institutions can remain independent of societal pressures.
• Momentum and path dependency, international events, and societal cleavages drive institutional change.

Path Dependency

• Institutions initially have a range of policy options.
• The chosen path receives positive feedback, reinforcing its adoption.
• Institutional lock-in occurs as values solidify around the chosen path, increasing resistance to change.
• Over time, new policy options may emerge, challenging the existing path.
• Path dependency explains the slow pace of institutional change.
• Significant institutional change often occurs during crises.

Role of International Events

• International events, like economic depressions or wars, can force institutional change by acting as external shocks.
• The Great Depression led to demands for government intervention, resulting in Unemployment Insurance creation.

Societal Cleavages and Institutional Change

• Social divisions, like ethno-national or economic regionalism, can drive institutional change.
• An example of ethno-national regionalism is the Quiet Revolution in Quebec.
• An example of economic regionalism is the Cabinet convention of the Fisheries Minister.

Legacy of Historical Institutionalism

• Historical institutionalism remains prominent in Canadian political discourse.
• Neo-institutionalism is a contemporary version, incorporating nuanced perspectives.
• Historical institutionalism's strengths include accessibility and a clear framework for understanding institutions in politics.

Defining Politics

• Politics involves conflict resolution and collective decision-making, rather than just personal opinion.
• Politics, according to Galbraith, involves choosing between the disastrous and the unpalatable.
• Jackson and Jackson define politics as a process of conflict resolution in which support is mobilized and maintained for collective projects.
• Mao defined politics as war without bloodshed, while war is politics with bloodshed.

Political Culture

• Culture encompasses knowledge, beliefs, art, morals, laws, customs, and acquired skills and habits within a society.
• Political culture represents the dominant attitudes and values within a political system, specifically towards political objects.
• Examples of political culture are trust in leadership.
• The question of Canadian identity is explored when discussing political culture.

Methods of Studying Political Culture

• Synchronic approaches examine observable phenomena at a specific time, using statistical methods to draw conclusions.
• Diachronic approaches examine historical precedent to understand how the past influences the present.

Diachronic Approach

• Seymour Lipset identified the 1776 Loyalists as catalysts for attitude and value change in Canada.
• The Loyalists' experience shaped Canadian values, creating a stronger emphasis on individualism.
• Tolerance of particularisms contrasts with the "melting pot" ideal of American assimilation.
• Deference to authority contrasts with the American emphasis on rugged individualism.
• Elitism contrasts with the American ideal of egalitarianism.

Synchronic Approach

• Neil Nevitte's research shows a decline of deference to authority, especially among younger and university-educated individuals.
• Surveys reveal varying levels of "Very Proud to Be" across different demographics and regions.
• Individuals identify with different levels of geographical units, from local towns to global identities.
• Surveys reveal differing levels of support for societal defense against perceived threats.
• Surveys highlight distinct attitudes and values between Canadians and Americans.

Regional Political Culture in Canada

• Important research has been done by Ailsa Henderson.
• Regional categories include Quebec cities, "New France" regions, Toronto and Vancouver suburbs, and the Manufacturing Belt in Ontario.

Studying Canadian Political Culture: Challenges and Considerations

• Synchronic approaches may overlook historical context and past events' influence on current attitudes and values.
• A comprehensive understanding of Canadian political culture requires a balanced approach, using both synchronic and diachronic perspectives.
• Political culture is shaped by historical events, social structures, and individual values.
• Understanding Canadian political culture involves considering both synchronic and diachronic perspectives.
• Regional variations highlight the diverse experiences and identities within Canada.
• Studying political culture is essential for understanding the political landscape and decision-making dynamics.

Multiculturalism: A Policy Framework

• Multiculturalism is a policy that values, preserves, and promotes the sharing of ethnic customs and cultures within citizenship, economic, and political integration efforts.
• The 1988 Canadian Multiculturalism Act is a cornerstone of this policy.
• The 1971 Multiculturalism policy statement emphasizes the importance of multiculturalism within a democratic framework.
• Canada's multiculturalism is rooted in its immigration history, with projections indicating 25-30% of Canadians will be immigrants by 2036.

Historical Evolution of Multiculturalism in Canada: Early Assimilation Policies

• The 1896 Immigration Act reflected a focus on assimilation, viewing strong ethnic attachments as detrimental.
• The Clifford Sifton scandal highlighted the range of assimilation potential among immigrants.
• The 1910 Immigration Act linked Canadian citizenship to birth or residency of more than three years.

Post-WWII Shift Towards Multiculturalism

• Post-WWII, immigrants from diverse backgrounds challenged the assimilation model.
• The 1947 Citizenship Act required five years of residency for citizenship, severing the link between Canadian and British citizenship.

The English-French Ethnocultural Dynamic

• French nationalism accelerated in the 1960s.
• Pierre Elliott Trudeau entered Parliament in 1965 and became Prime Minister in 1968.
• The Royal Commission on Bilingualism and Biculturalism led to the Official Languages Act of 1969, sparking anger among nationalists.

Trudeau's Vision for Canada

• In 1971, Trudeau articulated a vision emphasizing bilingual citizenship and multiculturalism.
• Government support for cultural groups aims to allow them to grow and contribute to Canada.
• Government assistance is meant to remove barriers to full participation in Canadian society.
• Promotion of creative encounters between cultural groups works to foster national unity.
• Support for immigrants in learning Canada's official languages is also intended to ease integration.

Institutional and Policy Results

• A Minister of Multiculturalism position was created to oversee related initiatives.
• Funding for language acquisition and cultural programs was provided.
• The "Song and Dance" began in the 1970's , with a focus on cultural expression and integration.

Multiculturalism in the 1980s

• The 1981 census showed visible minorities at 4.7%.
• The 1980s saw a rise in anti-racism movements to address systemic inequalities.

Institutional Responses

• The Special Committee on Visible Minorities published "Equality Now!" in 1984.
• The Standing Committee on Multiculturalism researched and reported on the need for a new vision for multiculturalism.
• Section 27 of the Charter of Rights and Freedoms emphasizes preserving and enhancing Canada's multicultural heritage.

The Multiculturalism Act of 1988

• The act emphasizes promoting and protecting Canada's multicultural heritage.
• While acknowledging bilingualism, the act recognizes the value of other languages.
• The act formally acknowledges the role of Indigenous peoples in Canada's multicultural history.
• The act reaffirms the right of all individuals and groups to participate equally in Canadian society.

Multiculturalism in the 1990s: "Civic Participation" Era

• The 1988 Multiculturalism Act expanded the scope of multiculturalism.
• In 1988, Prime Minister Mulroney formally apologized for the internment of Japanese Canadians during World War II
• The 1990s saw a focus on promoting civic participation and inclusion with the expansion of multiculturalism.
• A census in 1996, showed that 44% of Canadians did not primarily identify with English, French, or "Canadian"
• Efforts failed to establish the Heritage Language Institute Act and the Department of Multiculturalism and Citizenship were unsuccessful.

Significant Results

• The Canadian Race Relations Foundation was established in Toronto to promote racial harmony.

Multiculturalism from 2000 to Present: "Just Fitting In" Era

• Canadian Heritage lost responsibility for multiculturalism in 2008 but regained it in 2015.
• An office of Religious Freedom was created but lasted only three years.
• The government committed to an Action Plan Against Racism in 2005, followed by a report, but it received less funding than in the past

Key Developments

• The government apologized for the Chinese head tax, in effect until 1923.
• The anti-Racism Secretariat was created within Canadian Heritage.
• Statistics Canada received funding to improve data collection on racism and discrimination in Canada.

Recent Developments

• In response to protests, the Senate held two meetings addressing racism in.

Debate on Multiculturalism

• Canada's demographic diversity is a reality, widely supported by Canadians.
• Despite support, there is ongoing debate about multiculturalism's role at the institutional level.

Cameron's Questions About Multiculturalism

• Former Prime Minister David Cameron questioned whether societal groups accept universal human rights, equality before the law, and democracy.

Arguments For and Against Multiculturalism

• Critics argue multiculturalism promotes disunity and has the wrong focus; it is irrelevant to French nationalists and Indigenous activists.
• Defenders say multiculturalism unifies diverse societies, helps balance color-blind political philosophies, and opens the door for stronger state actions.

Conclusion

• The debate on multiculturalism is complex and multifaceted.
• A persistent question is whether current multiculturalism addresses the concerns of ethnic groups who feel unrecognized in Canadian politics.

Regionalism: Quebec

• Rapid social and political change.
• This Revolution saw a shift to a more urban, secular, and nationalist Quebec.

Key Points

• Urbanization and the decline of the Catholic Church’s influence led to a new generation of Quebecers.
• The Lesage Liberals came to power in 1960, representing the emerging middle class and promoting linguistic and economic interests.
• Quebec nationalism focused on economic and political autonomy over religious and cultural issues.

Examples of the Quiet Revolution in Action

• Nationalization of Hydro-Quebec (1963) symbolized state control and Quebec’s interests.
• Creation of Sidbec (1968), a state-owned steel mill, demonstrated economic development commitment.
• Establishment of the Ministry of Education (1964) emphasized education's importance.
• Emergence of "Quebec, Inc." showed state-led economic development through collaboration with crown corporations.
• Quebec’s first opt-out from post-secondary education (1959) signaled autonomy.
• Creation of the Quebec Deposit and Investment Fund (CDPQ, 1965), managing the Quebec Pension Plan (QPP)

Language and the Quiet Revolution

• The Quiet Revolution also saw a renewed focus on the French language and its role in Quebec society, resulting in an Government office in Paris and the Quebec office of the French language
• Implementation with the Quebec office of the French language, promoted concern, resulting in backlash.
• The Union Nationale passed Bill 63 (1969) to appease both nationalist and Anglophone interests in response to the Official Language Act.
• Protests and the Fall of the Union Nationale: The bill's attempt to balance competing interests ultimately failed and led ultimately resulted in the Union's loss of power.

The Rise of the Parti Québécois (PQ)

• Rene Levesque founded the PQ (1968), advocating for Quebec sovereignty.
• The Liberal government passed Bill 22 (1974), making French the official language and restricting English education.
• The PQ won in 1976 to protect French.

Bill 101 (1977)

• The PQ government passed Bill 101, strengthening the role of French in Quebec society.
• Bill 101 was more restrictive, especially regarding access to English education.
• The law focused on French usage in government, civil service, and the workplace to ensure its dominance.

The Constitution Act, 1982 and the Charter of Rights and Freedoms

• The Canadian Constitution was patriated in 1982, including the Charter of Rights and Freedoms, which guaranteed certain fundamental rights to all Canadians and included a notwithstanding clause.
• R v. Oakes (1986) established a test for laws violating Charter rights to be justified.
• The law must be valid, serve a legitimate goal, and minimally impair.
• Ford v. Quebec (1988) challenged Bill 101's restrictions on English education, leading Quebec to invoke the notwithstanding clause.

The Ban on Non-French Commercial Signs

• Quebec implemented a ban on non-French commercial signs to promote the French language
• Bill 178 (1978) mandated French on all public signs, with exceptions for bilingual indoor signs.
• Bill 86 (1993) did not include the notwithstanding clause due to language issue fatigue.
• Attempted restrictions on English in 2013 did not take hold due to public protest.

Bourassa and the "Distinct Society"

• Robert Bourassa sought to secure a special status for Quebec within Canada and focused on constitutional reform and the “nation “debate.

The CAQ and Bill 21

• The CAQ came to power in 2018, implementing Bill 21 (2019), which prohibits public employees from wearing religious symbols while at work.
• The CAQ has stated it will not hold another referendum on sovereignty, while the Bloc Québécois has seen a resurgence in popularity.

Research Project: Bill 21 and the Future of French Nationalism

• Bill 21 and the future of French Nationalism is something that needs considering

A Journey Through Quebec Nationalism

• Quebec’s stands apart from the rest of Canada in linguistics, with 51% of Quebecers unilingual French
• Quebec operates under a civil code legal system, distinct from the common law system used in the rest of Canada
• Quebec levies its own personal income tax, demonstrating fiscal autonomy
• Quebec has a separatist tradition wanting and advocating for independence from Canada.

Three Phases of Quebec Nationalism

• Phase One: Junior Partnership (1840-1890), the ”Habitant/Canadiens” image included French speaking Canadians and the Hyphenated Government. The era emphasyed, survivance and patrimony.
• Phase Two: Fortress Quebec (1890-1960), this phase saw the rise of a more rural, Catholic image and the growth of the Welfare State.
• Phase Three: Junior Partnership (1840-1890).

Constitution/Administration of Justice: Introduction to Constitutional Law

• Constitutional law is a set of rules governing how institutions and governments exercise power.
• Constitutionalism limits government authority and protects rights

Forms of Constitutionalism

• The U.S. has codified the Constitution with amendments while The U.K. relies on both written statutes and unwritten conventions.

Interpretation of Constitutional Rules

• In fixed view, Constitutional laws are set and interpreted with minimal subjectivity
• Precedent and statues are important, without moral bias of judges
• The "Living Tree Doctrine" says that Legal rules evolve with society.
• A 1997 SCC case on judicial independence relied on conventions rather than strict statutes.

Flexibility in Constitutional Amendments

• Canada's constitutional amendment process has become increasingly rigid.

The Structure of the Canadian Constitution

• Pre-1982, Constitution amendments required Parliament and provincial approval before petitioning Britain.
• 1982 changes patriated the Consitution, ending British oversight.
• The BNA Act became the Canada Act, and The Constitution Act, 1982 occurred including:
  • Chartered Rights and Freedoms
  • Amending formulas

What is Included in the Constitution?

• The Constitution includes Key Documents like, Canada Act, 1982, Constitution Act, 1982, Amended versions of the BNA Act, British Orders in Council and Canadian statutes and Judge-made law

Notable Omissions from the Constitution Act, 1982

• Notable omissions from the Constitution Act, 1982, include the Quebec Act (1774), Constitution Act (1791), Act of Union (1840), plus Over 100 British Imperial Statutes.

Major Amendments Since 1982

• 1983 Indigenous rights added (s38),1985 Representation formula for House of Commons changed (s44), 1987 & 1993 Adjustments to religious schooling rights (s43),1997 Quebec school system changed to linguistic basis (s43),2011 Electoral system changes for representation (s44).

The Role of the Supreme Court in Constitutional Changes

• In 1993, Supreme Court case the Court recognized parliamentary privilege as part of the Constitution

Constitutional Amendment Procedures

• Pre-1982: Amendments required House, Senate, and unanimous approval before petitioning Britain.
• Post-1982: General Formula (7/10 provinces representing at least 50% of the population);Unanimous Formula (changes to monarchy, SCC structure, official language provisions),Regional Amendments (consent from Parliament and affected provinces), Other Internal Amendments: Feds and provinces have specific limits on what they can change.

Implications of the Amendment Process

• Often Ontario and Quebec must be involved due to population size.
• Strong regional support is necessary
• Provinces can opt out of amendments .

Conclusion: The Complexity of Canada’s Constitution

• The Consitution includes, statutes, amendments, and legal conventions.
• Judicial influences is an important factor to consider.
• Future debates include Senate abolishment which would require consensus, making reforms difficult.