Institutions and Politics

Institutions and Politics

• Politics defined as a dynamic power struggle where conflicting interests shape public policy.
• Institutions are the framework for politics, governing and implementing policy to ensure social order via rules and values.
• Institutionalism studies institutions, which has evolved over time.

Early Historical Institutionalism

• Focused on legal rules governing institutions, mainly in the US.
• Used historical analysis inspired by ancient Greece.
• Limitations included being descriptive, narrow, legalistic, and static, struggling with the dynamic nature of institutions.

Modern Institutionalism

• Focuses on the interplay between institutions and society beyond legal rules.
• Uses broader perspectives and methodologies beyond historical analysis.
• Key questions include how and why institutions change, and driving forces behind such change

Challenges of Institutional Change

• Institutions reflect societal values and beliefs but it is uncertain how and if they can they remain independent of societal pressures.

Explaining Institutional Change

• Momentum and path dependency means institutions are shaped by their past, resisting change.
• International events, like wars or crises, may trigger change.
• Societal cleavages (ethno-national or economic regionalism) can drive change too.

Path Dependency

• Institutions initially have various policy options.
• The chosen path gets positive feedback, reinforcing its adoption.
• Institutional lock-in occurs, resisting change, solidifying values and norms.
• New policy options emerge, challenging the existing path over time.

Path Dependency and Institutional Change

• Path dependency explains the slow pace of institutional change.
• Emergencies often catalyze significant institutional change.

Role of International Events

• Global crises, such as depressions or wars, can force institutional change.
• The Great Depression led to demands for government intervention and Unemployment Insurance.

Societal Cleavages and Institutional Change

• Regional differences in identity and culture can shape institutional development, for example, Quebec's Quiet Revolution.
• Regional economic disparities can influence institutional practices, such as 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 more nuanced perspectives.
• Strengths include accessibility and focus on institutions' role in politics.

Defining Politics

• It involves conflict resolution and collective decision-making, not just personal opinion.
• Different scholars offer varying definitions reflecting different approaches.
• JK Galbraith: "Politics is not the art of the possible. It consists in choosing between the disastrous and the unpalatable."
• Jackson and Jackson: "a process of conflict resolution in which support is mobilized and maintained for collective projects"
• Mao: "Politics is war without bloodshed while war is politics with bloodshed"

Political Culture

• Culture is a complex system of knowledge, beliefs, art, morals, laws, customs, and habits within a society.
• Political culture means the dominant attitudes and values within a political system, specifically toward political objects.
• An example can include opinions such as "Do you trust the current PM?".

Exploring Canadian Identity

• It raises the question of what defines being Canadian.

Methods of Studying Political Culture

• Synchronic approach examines observable phenomena at a specific point in time, using statistical methods.
• Diachronic approach examines historical precedent to understand how the past influences the present.

Diachronic Approach: The Loyalists and Canadian Identity

• Seymour Lipset's work (Continental Divide, 1990) cites the 1776 Loyalists as catalysts for changing attitudes and values in Canada.
• They brought a stronger emphasis on individualism.
• They influenced acceptance of particularisms in Canada.
• They shaped views on deference to authority.
• Their social hierarchy influenced views on elitism.

Synchronic Approach: The Decline of Deference

• Neil Nevitte's work (Decline of Deference, 1981-90, extended to 2011) is key.
• The World Values Surveys provide data sources
• Target states include Canada, France, Britain, Germany, Italy, Netherlands, Denmark, Belgium, Spain, Republic of Ireland, Northern Ireland, and the USA.
• Key findings include the decline of deference to authority among younger generations and the university-educated population.

Regional Political Culture in Canada

• Ailsa Henderson is a key figure, and regional categories include:
• Quebec Cities
• Other Quebec "New France" Regions
• Toronto and Vancouver Suburbs
• All Other Cities
• Manufacturing Belt in Ontario
• Other Categories with Low Data Levels (e.g., the Far North).

Studying Canadian Political Culture

• The synchronic approach may overlook historical context.
• A comprehensive understanding requires a balanced approach, incorporating both synchronic and diachronic perspectives, to understand the complex interplay between influences and values.

Key Takeaways

• Political culture is dynamic and multifaceted, shaped by history, social structures, and individual values.
• Synchronic and diachronic perspectives are needed to understand Canadian political culture.
• Regional variations highlight diverse experiences and identities within Canada.
• Studying political culture is essential for understanding the political landscape and dynamics of decision-making.

Multiculturalism

• It is a policy that values, preserves, and promotes the sharing of ethnic customs and cultures within citizenship, economic, and political integration efforts.
• Key components include the 1988 Canadian Multiculturalism Act
• The 1971 statement emphasizes the importance of multiculturalism within a democratic framework.
• Canada's multiculturalism is rooted in immigration history: Statistics Canada projects that by 2036, 25-30% of Canadians will be immigrants. The 2016 Census revealed that 19% of Canadians were born outside of Canada; By 2041, half of Canadians will be immigrants or children of immigrants

Early Assimilation Policies

• The 1896 Immigration Act emphasized assimilation, viewing strong ethnic attachments as detrimental.
• The Clifford Sifton scandal highlighted varying assimilation potential among immigrants.
• The 1910 Immigration Act linked citizenship to birth or over three years of residency.

Post-WWII Shift Towards Multiculturalism

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

The English-French Ethnocultural Dynamic

• French nationalism began to accelerate in the 1960s.
• Pierre Elliott Trudeau entered Parliament in 1965 and became Prime Minister in 1968, entering a politically charged environment.
• A Royal Commission on Bilingualism and Biculturalism in 1963, led to the Official Languages Act of 1969, sparking anger among both Western and French nationalists.

Trudeau's Vision for Canada

• Trudeau articulated a vision for Canada in 1971 that emphasized bilingual citizenship and multiculturalism.
• The government would support cultural groups in order to grow and contribute to Canada.
• The government would assist in removing barriers for cultural groups to participate in Canadian society.
• Promotion of creative encounters between cultural groups were to foster national unity.
• Support for immigrants in learning Canada's official languages.

Institutional and Policy Results

• A Minister of Multiculturalism was created to oversee initiatives.
• Funding was provided for language acquisition and cultural programs.
• The "Song and Dance" Era from the 1970s focused on cultural expression and integration.

Multiculturalism in the 1980s

• Changing demographics: the 1981 census revealed that 67% of Canadians identified with English or French backgrounds, excluding Indigenous peoples. However, the visible minority population reached 4.7%.
• Anti-racism movements rose, reflecting a shift in focus towards addressing systemic inequalities.

Institutional Responses

• A Special Committee on Visible Minorities was established in 1984
• A Standing Committee on Multiculturalism was created in 1985 to conduct research
• Section 27 of the Charter of Rights and Freedoms emphasizes preserving and enhancing Canada's multicultural heritage.

The Multiculturalism Act of 1988

• It emphasizes the need to promote and protect Canada's multicultural heritage.
• While acknowledging the importance of bilingualism, the act recognizes the value of other languages.
• The act formally acknowledges the role of Indigenous peoples in Canada's multicultural history.
• It reaffirms the right of all to participate equally in Canadian society, regardless of individual or group origin.

Multiculturalism in the 1990s

• The act expanded to include race relations, the economy, education, and broadcasting.
• Prime Minister Mulroney formally apologized for the internment of Japanese Canadians during World War II in 1988.
• The 1990s period saw a focus on promoting civic participation and inclusion.
• The 1996 Census revealed that 44% of Canadians did not primarily identify with English, French, or "Canadian" groups.

Significant Results

• The Canadian Race Relations Foundation was established in Toronto to promote racial harmony.
• The Department of Canadian Heritage and Department of Citizenship and Immigration were created and shared responsibility for multiculturalism.
• June 27th was designated as Multicultural Day in 2002.
• An award was established to recognize individuals who promote multiculturalism.
• A policy paper on multiculturalism advocated for inclusive policy creation to promote respect for multiculturalism.

Multiculturalism from 2000 to Present

• 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.
• In 2005, the government committed to an Action Plan Against Racism.
• This plan received $11 million annually, significantly less than the $1.2 billion (in today's dollars) allocated after Trudeau's 1971 statement.
• The combined budget of Canadian Heritage and the Department of Citizenship and Immigration is slightly over $4 billion.

Key Developments since 2000

• The government apologized for the Chinese head tax, which was in effect until 1923.
• An Anti-Racism Secretariat was created within Canadian Heritage to coordinate multiculturalism requirements across federal departments.
• Statistics Canada received funding to improve data collection on racism and discrimination in Canada.
• In response to protests, the Senate held two meetings on racism in Canada.

Debate on Multiculturalism

• Canada's demographic diversity is a reality, and most Canadians support it but the role of multiculturalism at the institutional level has been debated.

Cameron's Questions about Multiculturalism

• Former Prime Minister David Cameron argued that multiculturalism had failed, expressing concerns about Islamic extremism.
• Do societal groups accept universal human rights, particularly women's rights?
• Do they believe in equality before the law?
• Do they believe in democracy?

Arguments For and Against Multiculturalism

• Critics say multiculturalism promotes disunity and has the wrong culture-to-culture policy approach.
• Critics say multiculturalism is irrelevant to French nationalists and many Indigenous activists.
• Reg Bibby's "Mosaic Madness" charge: Multiculturalism represents "vision-less co-existence."
• Defenders say multiculturalism unifies diverse societies.
• Defenders say multiculturalism creates an association between ethnocultural identities and institutions, helping to balance color-blind political philosophies. -Defenders say multiculturalism opens the door for stronger, more sensitive state actions in the future.

Conclusion

• The debate on multiculturalism is complex and multifaceted, with arguments ranging from the role of culture in society to the challenges of white privilege.
• It is uncertain if current practice addresses concerns of ethnic groups who feel unrecognized in Canadian politics.

Regionalism

• Regionalism in Canada is embodied by Quebec.

Quebec

• Quebec has a regionalist history that makes it quite different from the RoC, or 'rest of Canada'

The Quiet Revolution (1960s)

• It was a period of rapid social and political change, marked by a shift from traditional values to a more modern outlook.
• Urbanization and secularization led to a new generation of Quebecers with different values and aspirations.
• The Liberal Party, led by Jean Lesage, represented the interests of the emerging middle class.
• The Lesage government embraced a more interventionist role in the economy, promoting the linguistic and economic interests of Quebecers.
• Nationalism shifted away from religious and cultural issues to focus on economic and political autonomy.

Examples of the Quiet Revolution in Action

• The government took control of Hydro-Quebec in 1963
• The government established a publicly owned steel mill, Sidbec, in 1968.
• Ministry of Education was launched in 1964
• there was an emergence of "Quebec, Inc.," state-led economic development.
• Quebec's First Opt-Out from Post-Secondary Education happened in 1959.
• Creation of the Quebec Deposit and Investment Fund (CDPQ, 1965).

Language and the Quiet Revolution

• Government Office in Paris created in order to promote Quebec's cultural and linguistic ties with France.
• The Quebec Office of the French Language was created to promote and protect the French language in Quebec.
• The Official Languages Act (1969), sparked a backlash in Quebec.
• Bill 63 (1969) aimed to appease nationalist concerns while also trying to appease Anglophone communities.
• Protests and the Fall of the Union Nationale resulted from the bill's attempt to balance competing interests, failing, leading to protests and the Union Nationale's loss of power.

The Rise of the Parti Québécois (PQ)

• Rene Levesque founded the PQ in 1968
• Bill 22 (1974) made French the official language of Quebec and imposed restrictions on English education.
• Protests and the PQ's Rise to Power was catalyzed by Bill 22 which sparked protests from both French nationalists and English-speaking communities. This discontent contributed to the PQ's victory in the 1976 election.

Bill 101 (1977)

• Chartered the French Language, which further strengthened the role of French in Quebec society.
• The law emphasized the use of French in government, civil service, and the workplace, aiming to ensure the dominance of French in all aspects of Quebec life.

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.
• The Charter included a notwithstanding clause (Section 33), allowing governments to override certain Charter rights for a limited period.
• R v. Oakes (1986) established a test for determining whether a law that violates a Charter right is justified.
• Ford v. Quebec (1988) challenged Bill 101's restrictions on English education, finding them to be in violation of the Charter.
• In response to the Ford decision, the Quebec government invoked the notwithstanding clause to protect Bill 101 from being struck down by the courts.

The Ban on Non-French Commercial Signs

• Bill 178 (1978) mandated that all public signs be in French, with some exceptions for bilingual indoor signs.
• The government again invoked the notwithstanding clause to protect Bill 178 from legal challenges.
• Bill 86 (1993) did not include the notwithstanding clause.
• The Weakening of Language Nationalism meant an attempt to pass Bill 14 in 2013, which would have further restricted the use of English in municipalities and businesses, was met with public outcry and ultimately failed.

Bourassa and the "Distinct Society"

• Robert Bourassa sought to secure a special status for Quebec within Canada, emphasizing its cultural characteristics.
• He focused on achieving constitutional reform, aiming to recognize Quebec's unique identity within Canada.
• In 2006, Prime Minister Stephen Harper's motion recognizing Quebec as a "nation within a united Canada" was passed by the House of Commons, with support from the Bloc Québécois.

The CAQ and Bill 21

• The CAQ came to power in 2018 implementing policies that have sparked debate about the future of French nationalism in Quebec.
• Bill 21 (2019) prohibits public sector employees from wearing religious symbols while at work.
• While advocating for Quebec's distinct identity, the CAQ has stated that it will not hold another referendum on sovereignty.

Quebec's Distinctive Features

• Quebec has linguistic differences from the rest of Canada. It boasts a higher bilingual population (42%) compared to the RoC (17.5%)
• 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 its fiscal autonomy.
• Quebec was the first province to enact anti-scab legislation and establish multi-function health clinics.
• Quebec has a long-standing separatist tradition, with movements advocating for its independence from Canada.

Three Phases of Quebec Nationalism

• Phase One: Junior Partnership (1840-1890)
• Phase Two: Fortress Quebec (1890-1960)
• Phase Three: The Quiet Revolution (1960 onward)

Phase One: Junior Partnership (1840-1890)

• This period saw the emergence of a distinct French Canadian identity.
• There was "hyphenated government" exemplified by the Baldwin-Lafontaine government in 1848, reflected the dual nature of power.
• There was emphasis on preservation of French language, religion, and culture, a concept known as "survivance" and the "patrimony."

What Changed?

• The Riel Affair (1885): sparked resentment among French Canadians.
• Mail editorial, accused French Canadians of seeking to "compel us to recognize their right to suspend the operation of the law when a representative of their race is in the toils."
• The JCPC Case Barrett vs City of Winnipeg (1892): Involved provincial autonomy.

Phase Two: Fortress Quebec (1890-1960)

• This phase saw the rise of a more rural, Catholic image of the Quebecois, emphasizing traditional values and a distinct cultural identity.
• The Union Nationale party, led by Maurice Duplessis, dominated Quebec politics during this period, promoting a conservative and nationalist agenda.

What Changed?

• The 1958 Diefenbaker Landslide: The Progressive Conservative Party(won a victory)
• Growing federal presence was as an intrusion on Quebec's autonomy.
• The death of Maurice Duplessis left the Union Nationale party weakened and vulnerable.
• The industrialization and secularization in Quebec created a dual economy and a more diverse society, further challenging the traditional image of the Quebecois.

Constitution/ Administration of Justice

• Constitutional Law defined as a set of rules governing how political institutions and governments exercise power, which is limited by constitutionalism.

Forms of Constitutionalism

• Codified vs. Uncodified Constitutions represent the main two forms
• The U.S. has a single codified constitution with amendments.
• The U.K. relies on both written statutes and unwritten conventions.
• Legal Conventions: Unwritten but legally recognized rules in system.

Interpretation of Constitutional Rules

• The two means of interpretation of the constitution are the Fixed View and the Living Tree Doctrine

Fixed View

• Constitutional laws are set and interpreted with minimal subjectivity.
• Judges apply precedents and statutes without moral bias.

Living Tree Doctrine

• Legal rules evolve with society.
• Example: 1997 SCC case on judicial independence relied on conventions rather than strict statutes.

Flexibility in Constitutional Amendments

• There are Rigidity and Flexibility along which Constitutions exist
• Canada's constitutional amendment process has become increasingly rigid.

The Structure of the Canadian Constitution

• Pre-1982 Constitution needed a formal amending formula and explicit rights provisions
• Post 1982 was about Patriation as well as the renaming of the BNA Act to the Canada Act, 1867
• New Additions: The Constitution Act, 1982, which introduced the Charter of Rights and Freedoms and amending formulas alongside the recognition of statutes

What is Included in the Constitution?

• Key Documents include the Canada Act, 1982; the Constitution Act, 1982; Amended versions of the BNA Act
• Certain British Orders in Council and Canadian Statutes also figure
• Judge-made also concerning division of powers and citizens’ rights alongside legal conventions like parliamentary priviledge

Notable Omissions from the Constitution Act, 1982

• Quebec Act (1774), Constitution Act (1791), Act of Union (1840)
• Over 100 British Imperial Statutes operate in Canada
• Laws, like the Official Languages Act, are not constitutional

Major Amendments Since 1982

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

The Role of the Supreme Court in Constitutional Changes

• 1993 SCC Case recognizes "parliamentary privilege" as constitutional.
• Judges can influence constitutional content even when not explicitly written.

Constitutional Amendment Procedures

• Required House of Commons, Senate, and unanimous provincial approval before petitioning Britain (Pre-1982)
• Britain only amended the BNA Act at Canada’s request.(Post-1931 )

Post-1982 Amendments

• General Formula (s38): Requires 7/10 provinces representing at least 50% of the population and is now the method used.
• Unanimous Formula is required for monarchy, SCC structure, and official language provisions (s41).
• Regional Amendments necessitate consent from only some Parliament individuals and affected provinces (s43).
• Other Internal Amendments affect what Feds and provinces can change.

Implications of the Amendment Process

• There are many Challenges in Passing Amendments in contemporary practice
• Ontario and Quebec must often be involved due to their population size.
• No region can be completely alienated in the process.
• Provinces can opt out of amendments and the s40 ensures "reasonable compensation" for cultural/educational changes

Conclusion: The Complexity of Canada’s Constitution

• No single codified document: It consists of statutes, amendments, and conventions.
• Rigid amendment process: Requires provincial and federal consensus.
• Judicial influence: Courts interpret and expand constitutional principles. Future debates: Issues like Senate abolition require unanimous consent.

Politics is a power struggle shaping policy. Institutions create a framework for politics, governance and ensuring order through rules and values. Institutionalism studies institutions, and how they evolve.