Poli 321 Lecture Slides September 9 and 16 2024 PDF
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University of Calgary
2024
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These lecture slides cover the core concepts and historical evolution of Canadian politics, including different aspects like representation, institutions, and Indigenous people. The information is suitable for an undergraduate-level political science course in Canada.
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Poli 321 Lecture Slides September 9 and 16 Chapters 1, 4 and 13 Introduction What is politics? What is democracy? Whatare the main cleavages in Canadian politics? Whathave been the major issues in Canadian political history? Inside Canadian Politics Canada’spo...
Poli 321 Lecture Slides September 9 and 16 Chapters 1, 4 and 13 Introduction What is politics? What is democracy? Whatare the main cleavages in Canadian politics? Whathave been the major issues in Canadian political history? Inside Canadian Politics Canada’spolitical system has changed considerably since 1867. There are many different ideas and ideologies at play in Canadian politics. Theaverage citizen has many opportunities to make a difference in Canadian politics. The Politics of Representation Canada has different layers of political representation: ‒Member of provincial/territorial legislature ‒Member of Parliament ‒Senators ‒Local level gov’t. (mayor, reeve, councillor, etc.) In addition, Indigenous peoples may be represented by: ‒Elders ‒Chiefs ‒Band councilors, etc. Who do you go to for help with a particular government service or program? The Politics of Representation, cont’d Canadiansare represented by heads of government. ‒Each province and territory is led by a premier; the country is headed by a prime minister. These roles are chosen by representatives of the Queen, who are appointed to their positions (not elected). ‒Is this democratic? Core Concepts Politicsrefers to the activities involving the pursuit and exercise of collective decision- making. ‒Who gets What? When? Why? How? ‒Distribution of shared resources The most prominent power struggles occur at the state level. ‒State: a structured political community with a single source of ultimate authority over its territory. Federations like Canada, Argentina, and Germany consist of multiple orders of government. Core Concepts, cont’d The Canadian federation consists of 11 sovereign governments: one at country-wide level, 10 at the provincial level. The federal (central) government has jurisdiction over the Armed Forces and defence, citizenship, and other national areas of jurisdiction. Indemocratic states, most members of government are elected on a regular basis. ‒Citizens play a more active role in democratic states than subjects in autocracies. The Canadian State:Democratic Deficit? State (Government and beyond) Territorial boundaries Institutions that possess public authority Governments Legislatures Courts Bureaucracy Police and Armed forces Monopoly on legitimate use of power Canadians unhappy with functioning of Canadian state and their ability to infl uence it? Declining participation Indigenous Peoples Indigenous peoples’ rights refl ect their ties to the land, their legal and political rights as original occupants of Canada, and their cultural distinctiveness. Between the 17th-19th centuries, the Crown signed treaties with many First Nations that established nation-to- nation relationships between the British and (future) Canadian governments and Indigenous peoples. ‒ First Nations: Indigenous groups descended from a variety of historical Indigenous nations; collectively, the earliest inhabitants of North America and their descendants, other than Métis and Inuit. Indigenous Peoples, cont’d For centuries, Indigenous peoples have been treated as responsibilities, even wards, of the state. ‒E.g. The Indian Act; the reserve system; forced relocation; residential school system The Truth and Reconciliation Commission (TRC) labeled the residential school system “cultural genocide”. Settler colonialism and its legacies have resulted in intergenerational trauma that continues to this day. ‒Reconciliation among Indigenous and non-Indigenous peoples is a pressing challenge facing Canada. Three Elements of Canadian Politics 1. Canadian politics is defined by the cleavages of geography, demography, and ideology. 2. The institutions of Canadian democracy are Anglo-American hybrids. 3. Understanding Canadian politics requires some awareness of Canadian history. 1. Core Cleavages The main cleavages of Canadian politics are geography, demography, and ideology. Major debates are staged along matters of territory, culture and ethnicity, and core beliefs about the role of the state in society and the economy. Other cleavages present in Canadian politics include gender, language, class, and religion (among others). ‒ However, issues like reconciliation, gender equality, and income inequality are often overshadowed. 1. Core Cleavages: Geography Canadian democracy has always been conducted along geographic lines. Federal elections are waged in over 300 separate districts across Canada, and each province is allotted a number of senators. Indigenous governance has always been focused around territory as well. 1. Core Cleavages: Geography, cont’d Attitudes toward authority, community, distribution of wealth, mutual obligations, and other political beliefs vary depending on where a person lives. Observers often divide Canada into several regional political cultures. Provinces are playing a greater role than ever before, and are autonomous when it comes to defining their own priorities and direction. – Each province consists of its own unique political world. 1. Core Cleavages: Demography Canada is divided into many ethnic communities, each with its own political outlook. ‒ When they exist in large numbers, ethnic groups may exert significant influence on the political system. Cultural differences between French- and English-speaking communities persist. Quebec tuition policy changes (protection of French language?) 2024-25 academic year, new Canadian students from outside the province will pay a minimum of $12,000 in tuition. That's an increase over the $8,992 they currently pay, but a step back from the $17,000 that the Quebec government initially had in mind. have to ensure that 80 per cent of their out-of- province and international students learn French. Those students will need to demonstrate a Level 5 oral proficiency — essentially the ability to hold a conversation — by the end of their undergraduate studies. 1. Core Cleavages: Demography, cont’d Groups that are geographically dispersed, like many Muslims and other religious minorities, face steeper challenges when it comes to representation in the political system. Multiculturalism is core to Canada’s self- image. ‒mosaic: a metaphor used to depict Canada’s multicultural character, which features many distinct yet interdependent ethnocultural communities. 1. Core Cleavages: Ideology Ideology: a set of ideas that form a coherent political belief system. ‒The core political belief system that a group of citizens holds about the way power should be distributed or exercised. Itis sometimes argued that Canadian politics is relatively devoid of ideological debate or confl ict. ‒Do you think this is true? 1. Core Cleavages: Ideology, cont’d Inpolitics, ideology is often imagined as a spectrum of views ranging from left to centre to right. ―Left-wing: A political tendency that promotes a bigger role for government and proactive measures to achieve social and economic equality. ―Right-wing: A political tendency that promotes a smaller role for government and a greater emphasis on individual responsibility and market-based competition. 1. Core Cleavages: Ideology, cont’d Overall, the following dimensions separate the left and right in Canada: ‒ Fiscal: left favours government spending on social program; right favours lower taxes and debt reduction. ‒ Institutional: left favours reform of democratic structures; right favours tradition. ‒ Social: left promotes inclusion; right promotes conformity. ‒ Legal: left tends to want restrictions on law enforcement and military action; right tends to be more assertive and punitive. 1. Core Cleavages: Ideology, cont’d The name of a political party does not necessarily signify its political ideology. ‒ The Liberal Party of Canada: ideologically straddles the political centre; sometimes it is positioned centre-left, and sometimes centre- right. ‒ The Conservative Party of Canada: ideology ranges from the centre-right to the right. ‒ The New Democratic Party (NDP) of Canada: ideology spans the centre-left to the left. 2. Key Institutions Canada has drawn its institutions and practices from British and American traditions. From Britain, Canada has inherited its common-law and Westminster parliamentary traditions, meaning that it is a representative democracy featuring: ‒a government led by prime minister and cabinet, supported by majority of elected legislators ‒an opposition outside the governing party ‒a permanent public service, separate from government ‒a judiciary independent of government ‒a constitutional monarch 2. Key Institutions, cont’d American infl uence in Canadian politics: ‒Federalism Divide power among central government and series of provincial ones “indestructible union of indestructible units” Centralization: federal government has authority to impose common standards Decentralization: preserve provincial autonomy ‒Charter of Rights and Freedoms ‒Election campaign strategies 3. Historical Evolution The Road to Confederation (Pre-1867) During the 17th-19th centuries, a series of military and economic alliances formed among Indigenous, British, French, and Spanish peoples. ‒European diseases and settler colonial practices decimated Indigenous presence in North America. The Road to Confederation (Pre-1867), cont’d 1763: ‒Britain gained jurisdiction over New France after the Seven Years’ War. ‒The Royal Proclamation—the foundation of Canada’s constitutional order—was signed. 1774: ‒The Quebec Act recognized French civil law, extended Quebec’s boundaries and granted religious freedom. First Era of Canadian Politics (1867- early 1900s) British Parliament passed the British North America (BNA) Act in 1867. ‒Established the institutional foundations for the new country. ‒Fell short of establishing complete sovereignty. ‒Attempted to extinguish Indigenous right to self- government by declaring “Indians and Lands Reserved for the Indians” to fall under the jurisdiction of the Canadian state. First Era of Canadian Politics (1867- early 1900s), cont’d Statute of Westminster, 1931: British law that permitted its Dominions to opt out of future legislation passed by the British Parliament. Initially, Canadian federation consisted of four provinces: Ontario, Quebec, New Brunswick, and Nova Scotia. ‒Western expansion was far from smooth or uncontroversial. First Era of Canadian Politics (1867- early 1900s), cont’d Federal Indian Act, 1867: further entrenched Canadian state’s approach to Indigenous peoples; labelled them as an area of policy responsibility, established reserves, rejected their inherent rights to self-governance. Second Era of Canadian Politics (mid-1900s-late 1900s) Two World Wars and the Great Depression marked a long transition period between the first and second eras of modern Canadian politics. ‒Coming of age as a society, political culture, and democracy. Second Era of Canadian Politics (mid-1900s-late 1900s), cont’d Post-war period focused on questions of national identity and unity. ‒Quiet Revolution: Quebec government displaced the Catholic Church as the central institution in Quebec society; provincial government began to assert itself on federal level; reinforced growing national movement in Quebec. ‒Canadian population undergoing dramatic transition; increasingly multicultural; immigrant and visible minorities asserting themselves. Second Era of Canadian Politics (mid-1900s-late 1900s), cont’d 1969:Federal government’s White Paper on Indian Policy signaled its intention to dismantle the Indian Act; attempt to assimilate First Nations into broader, predominantly European society. ‒Ultimately abandoned due to vocal opposition by Indigenous groups. Second Era of Canadian Politics (mid-1900s-late 1900s), cont’d TheConstitution Act of 1982: brought the Canadian constitution under full domestic control; included a new Charter of Rights and Freedoms. ‒Opposed by Quebec; two referendums were held about separating from Canada, but both failed. 1995: just 50.6% of Quebecers voted to remain in Canada. Third Era of Canadian Politics (late 1900s-early 2000s) Focus shifted away from the constitution to budgets and slow economic growth. ‒Led to several rounds of fiscal restructuring, including strict spending cuts in healthcare, education, and social assistance. Third Era of Canadian Politics (late 1900s-early 2000s), cont’d Canadian government’s response to the 2008 global recession was a massive, cost- shared stimulus package involving significant, one-time investment in infrastructure across Canada. ‒Shift of economic and political influence from East to West, as strong petroleum-based economies in the West weathered economic storm much better than central and eastern Canada. Third Era of Canadian Politics (late 1900s-early 2000s), cont’d Significant social changes in Canadian politics. ‒Court decisions enforcing the Charter of Rights and Freedoms in areas such as same-sex marriage, prostitution, and physician-assisted death. ‒Legalization of cannabis. Third Era of Canadian Politics (late 1900s-early 2000s), cont’d New dimensions to ages-old geographic and ethnic cleavages. ‒Carbon pricing and the alienation of Western Canadians. ‒Regional tensions over pipelines. ‒Rural vs. urban divisions strengthened, with suburban emerging as a new, separate category. ‒Vast socioeconomic and cultural divide between Indigenous peoples and other people in Canada. Situating Indigenous Politics Should Indigenous and non-Indigenous politics be treated separately? Or are they common elements of the same political system? Usedto be treated as a distinct and often subordinate element of Canadian politics. ‒De-emphasizes the parallels between Indigenous and non-Indigenous politics, particularly on fundamental issues like diversity, representation, activism, and governance. Regionalism in Canada Regionalism: ‒means different things to Canadians across the country ‒can be a unifying force ‒is far from mystical Regionalism and National Identity in Canada Canada is a country of nations, regions, and political cultures, which are enshrined in law, institutions, and ways of life. Turtle Island is the name used by many Indigenous communities for what is now called North America. Canada’s main regions are considered: 1. Atlantic Canada (including the Maritimes & Newfoundland), 2. Quebec 3. Ontario 4. West (including the Prairies & British Columbia), 5. North. ―There are competing views, however. Regionalism and National Identity in Canada, cont’d Regionalism: an allegiance or psychological connection to a territory with its own unique political characteristics. Regionalism is as much an inward expression of group cohesion as it is an outward expression of identity, frustration with the national political system, and demands for improvement. Regional grievances include ideological clashes; ethnic, class, economic, and identity struggles; and the geographic imbalance of power in the Canadian political system. Approaches to the Study of Regionalism Canadian political scientists are far from reaching a consensus on the definitions of region and regionalism. Naturalist view: ‒Regions are primarily defined by territory. ‒Regions are innate, meaning that they are not artificially constructed by politicians or map-makers. Approaches to the Study of Regionalism, cont’d Positivist view: ‒Regions are artificial devices applied by academics or governments to make sense of and organize the political world. ‒Regional lines can be drawn around political borders, topographical regions, historical regions, transprovincial regions, or even within individual provinces. What does this border mean Regional Political Cultures Regional divisions are among the deepest, most enduring political cleavages in Canada. Political culture: a society’s innate political characteristics, embodied in the structure of its institutions and beliefs of its members. Many scholars treat Canada as comprising multiple political cultures, as much as a single, overarching political culture. Alternate View of Regional Political Cultures Canada has nine distinct political cultures: ‒Cosmopolitan Quebec ‒Suburban Toronto and Vancouver ‒Urban Canada ‒Rural and mid-northern Canada ‒Manufacturing belt ‒New France ‒British North America ‒Far North ‒Metropolitan Toronto Regional Political Cultures, cont’d Regionalism is increasingly being viewed through an urban-suburban- rural lens. ‒Right-wing parties tend to fare better outside of metropolitan areas, where communities tend to be older, less diverse, and more conservative. ‒Left-wing parties tend to fare better in cities. ‒Suburbs are often battlegrounds between parties on both sides of the spectrum. Types of Canadian Regionalism Today, mainstream Canadian regionalism comes in three general strains: sectionalism, nationalism, and secessionism. All forms of regionalism are especially prominent when the general public rallies behind a populist leader. ―Populism: a political movement that seeks to reduce elite authority over ordinary people, and which is often led by a charismatic figure. ‒Politicians often tap into public feelings of economic and political inferiority when they attempt to mobilize regional grievances. Types of Canadian Regionalism, cont’d Sectionalism Sectionalism: an emotional connection with one’s regional homeland, more than with one’s country. Involves a strong sense of territorial cohesion with a significant feeling of alienation from the rest or the country and/or the central government. Sectionalism tends to be strongest in the West. ―Western alienation: political discontent in areas west of Ontario, normally encompassing frustration with perceived political favouritism to areas east of Manitoba. ―Liberal government easing of cost of oil in Atlantic Region We’ve seen increased sectionalism in Ontario after the 2008 economic recession. ‒ Rise of populist PC leader Doug Ford; idea of restoring Ontario to its prior place of prominence. Nationalism Nationalism: a unifying ideology among people who share a common homeland, ancestry, and language or culture. A highly politicized identity, often grounded in a romanticized ideal community. Often championed by charismatic leaders. Public emotions can be manipulated through propaganda, leading to an exaggerated sense of victimhood, irrational anger, and civic unrest. ―Variants include civic, economic, and ethnic nationalism. ―Examples include Indigenous and Quebec nationalism. ―Premier Moe wants Saskatchewan to be a 'nation within a nation' by increasing autonomy ―Is Alberta a nation? Secessionism Secessionism: a widely held sentiment that a province or territory should leave the Canadian federation. Separatist parties include the Parti Québécois and the Wexit Party. Tends to fl are up when there is a regional grievance that is interpreted as an affront to a regional identity. Regionalism in Quebec Case study for all three forms of Canadian regionalism. Illustrates tensions that often develop between provincial and federal governments when it comes to defining and meeting the demands of regionalists across the country. The Growth of Quebec Nationalism from Confederation to the Quiet Revolution French colony with different linguistic, cultural, and religious community. Unique treatment to accommodate the diversity. Inward-looking, protectionist brand of sectionalism. Quiet Revolution: an early 1960s modernizing movement in Quebec, geared toward a stronger provincial government and outward nationalism. Federalists vs. sovereigntists. Federalists and Sovereignists during the Mega-constitutional Era Sovereignty-association: a legal arrangement whereby Quebec would be politically independent but maintain economic ties with Canada. Meech Lake Accord: a failed constitutional amendment package in the late 1980s that would have recognized Quebec as a distinct society. Charlottetown Accord: a failed accord that proposed to renew the constitution, defeated in a national referendum in 1992. Referenda in Canada National Prohibition 1898 For 51% (18% in Quebec) Majorities for in all other provinces Conscription 1942 Are you in favour of releasing the Government from any obligations arising out of any past commitments restricting the methods of raising men for military service? For 65% (28% in Quebec) Majorities for in all other provinces Charlottetown Accord Do you agree that the Constitution of Canada should be renewed on the basis of the agreement reached on August 28, 1992? Yes 45%. Majorities opposed in BC, Ab, Mb, Sk, Qc,NS Separation Referenda in Quebec 1980 referendum: "The Government of Quebec has made public its proposal to negotiate a new agreement with the rest of Canada, based on the equality of nations; this agreement would enable Quebec to acquire the exclusive power to make its laws, levy its taxes and establish relations abroad - in other words, sovereignty - and at the same time to maintain with Canada an economic association including a common currency; no change in political status resulting from these negotiations will be effected without approval by the people through another referendum; on these terms, do you give the Government of Quebec the mandate to negotiate the proposed agreement between Quebec and Canada?" Results: YES: 40.4%; NO: 59.6% 1995 referendum: "Do you agree that Quebec should become sovereign after having made a formal offer to Canada for a new economic and political partnership within the scope of the bill respecting the future of Quebec and of the agreement signed on June 12, 1995?" Results: YES: 49.4%; NO: 50.6% After the Referendums: Quebec Nationalism since 1995 Chrétien Liberals pursued a two-pronged, non- constitutional response to 1995 referendum results. “Plan A” and “Plan B” to appease Quebecers and address frustrations of federalists throughout the country. Clarity Act: Federal legislation passed in 2000 that sets out the terms for the federal government to deal with a province proposing to secede. Quebec nation motion: a non-binding federal motion passed in 2006 that recognized the unique character of the Québécois. After the Referendums: Quebec Nationalism since 1995, cont’d Inside Canadian Politics, 2nd Edition The Evolution of Regionalism in Canada Structural factors contributing to regionalism: ‒Geography Is the region at the core or periphery of the country? Does the region have abundant or scarce natural resources? ‒Demography Diversity helps define the level of internal unity and external uniqueness among Canada’s regions. ‒Institutions Federalism, the constitution, the first-past-the-post electoral system, etc. ‒Political processes Socialization, political competition, and elite accommodation Origins of Regionalism Origins of Regionalism, cont’d Threefactors that laid the foundations of regionalism in Canada: ‒Settlement patterns Each region in Canada is shaped by its own unique pattern of immigration. ‒Formative events E.g. The American Revolution was formative for Maritimers and Ontarians; the Riel Resistance had a comparable impact on Prairie political culture. ‒Economic staples Each of Canada’s regions features a unique endowment of natural resources and industrial strengths. Persistence of Regionalism Socialization ‒Regionalism passed down from generation to generation, and from residents to newcomers. ‒Laurentian thesis: a theory that historic perceptions of central Canadian dominance have spawned regionalist resentment in peripheral parts of the country. Institutionalization ‒Federal economic development programs, organizations, structures, laws, and other systems develop in ways that further entrench geographic differences in Canada. ‒Major provincial and territorial meetings take place. Persistence of Regionalism, cont’d Politicization ‒Regional consciousness is first interpreted, articulated, and mobilized by political elites. ‒Successful politicians take advantage of code politics. ‒Heightened by tones of political discourse and political communication. ‒Canada’s political system encourages politicians to engage in this brand of regionalized politics. Regionalism and National Unity If Canadians are so divided, what holds them together? ‒Canada’s political institutions promote unity through diversity, creating safety valves for dissent. ‒Regional and pan-Canadian institutions have become more powerful and institutionalized over time. ‒Regionalism has always been part of the Canadian condition; socialized and politicized into our culture for generations. Institutionalized Regionalism Amending Formula constitution: provincial equality (7/50 or unanimity) House of Commons Resolution: (a) Ontario; (b) Quebec; (c) British Columbia; (d) two or more of the Atlantic provinces that have, according to the then latest general census, combined populations of at least fifty per cent of the population of all the Atlantic provinces; and (e) two or more of the Prairie provinces that have, according to the then latest general census, combined populations of at least fifty per cent of the population of all the Prairie provinces. Institutionalized Regionalism (2) FMC: Provincial Equality Senate Ontario 24 Quebec 24 Maritimes 24 (NS and NB 10, PEI 4) West 24 (6 per Province) Newfoundland 6 Territories 1 each Supreme Court Quebec 3 guaranteed by law Ontario 3 West 2 Atlantic 1 Diversity and Representation Inside Diversity and Representation Canada’s self-image as a cultural mosaic can undermine efforts to advance equality. Some of Canada’s traditionally marginalized groups have overcome obstacles to political representation. Indigenous peoples are not much better represented in Canadian politics today than they were decades ago. Glass Ceilings In the first century of Confederation, diversity was mainly measured by language (French/English) Whitestream Canadians: Caucasians who form the traditional mainstream of Canadian society. In the late 20th century, Canadian governments protected new forms of diversity through law. Multiculturalism Act The Charter of Rights and Freedoms Challenges have remained. Glass ceiling: barriers that inhibit participation in politics by traditionally marginalized groups, particularly women. Models of Representation Pitkin outlined four main types of representation: Symbolic representation Political attachment to someone or something that is seen to epitomize what it means to be a part of one’s political community. Descriptive representation Political attachment to someone viewed as sharing one’s background or social profile. Formalistic representation Political attachment to someone by virtue of that person’s status as a legitimately elected official. Substantive representation Political attachment to someone in a position to defend or promote one’s own interests. Models of Representation, cont’d The level of satisfaction an individual feels depends on how well they feel the system is representing them in any of these ways. The Canadian Mosaic Mosaic: a metaphor used to depict Canada’s multicultural character, which features and encourages many distinct yet interdependent ethnocultural communities. Through generations of socialization, multiculturalism has come to be seen as integral to Canadian identity. Visible minorities: non-Indigenous Canadians who are non-white in colour or non-Caucasian in ethnicity. People in these communities are projected to make up 25% of Canada’s population by 2031. Visible Minorities by Province The Employment Equity Act defines visible minorities as 'persons, other than Aboriginal peoples, who are non-Caucasian in race or non-white in colour.‘ https://open.alberta.ca/dataset/4ccf4cb4-2768-4ae2-a656-48ecfbdbfd64/resource/eefd7eb9-3c05-4fc0-a100-865820655fd3/download/2016-census-visible-minorities.p df Indigenous, Metis and Inuit Identity by Province/ Territory https://www12.statcan.gc.ca/nhs-enm/2011/as-sa/99-011-x/2011001/tbl/tbl02-eng.cfm The Canadian Mosaic, cont’d A Senate committee identified the following groups as either vulnerable or facing significant barriers to inclusion in Canada. Recent immigrants Less fluent in Canada’s official languages. Difficulty finding work in fields of expertise. Earn less income than non-immigrants. Visible minority Canadians Lower rates of employment and income. Higher rates of poverty. Discrimination inhibits full inclusion in political institutions. The Canadian Mosaic, cont’d Religious minorities (non-Christian) Often targets of discrimination. Sexual minorities (LGBTQ2+) Have gone unrecognized in formal policies and programs that promote social inclusion. More likely to experience physical and sexual abuse, harassment, and discrimination. The Canadian Mosaic, cont’d Urban Indigenous peoples Lower standards of living than non-Indigenous. Poorer levels of health, education, and income. Gang and criminal activity more prevalent; similar experiences to Indigenous peoples in rural and remote communities. Individuals with disabilities 1 in 7 Canadians. Average income levels 20% below Canadian average. Youth and seniors Challenges in employment and connections to the workforce. The Canadian Mosaic, cont’d The Senate committee also raised concerns about poverty in Canada, which encompasses: people with lower levels of formal education; the homeless; the working poor; and single parents. Canada’s Democratic Deficit Critics suggest that Canada suffers from a democratic deficit, in that its political institutions fail to live up to the democratic standards and expectations of its citizens. Statistics support the contention that women, visible minorities, and Indigenous peoples are underrepresented in Canadian legislatures, based on their respective proportions of the population. Francophones are underrepresented in predominantly Anglophone regions, and vice versa. Canada’s Democratic Deficit, cont’d However: Unelected democratic institutions often better reflect socio-demographic diversity. Some governors general have been visible minority women; at least three justices on the Supreme Court must be from Quebec; women typically comprise approximately 50% of senators. Descriptive representation gaps vary across the country. Some provinces, like Quebec, perform better when it comes to representing women; others, like Manitoba, perform better at representing visible minorities. Ontario and Newfoundland & Labrador make special allowances to over- represent northern regions. Barriers to Descriptive Representation Assessing the representativeness of Canadian democracy usually begins with examining the composition of legislatures. Many traditionally marginalized people opt out of entering the electoral arena When they do run for office, they often face steep resource disadvantages and societal preconceptions about their suitability. Push back on notion Barriers to Descriptive Representation, cont’d Canada’s political institutions present imposing barriers to descriptive representation. Single-member plurality (SMP) system fosters intense competition that favours traditionally dominant groups. Lacks incentives for political parties to nominate candidates from a variety of socio-demographic backgrounds. Right-leaning parties are less likely to devote extra attention and resources to recruiting candidates from traditionally disadvantaged groups. Affirmative Action and Employment Equity Affi rmative action: a policy or polies consisting of proactive measures to guarantee the descriptive representation of traditionally underrepresented groups. Imposes quotas to ensure political institutions are well balanced in terms of Indigeneity, ethnicity, gender, and disability. Justified on the grounds that discrimination and social structures contribute to a greater proportion of marginalized groups experiencing difficulty achieving standardized qualifications. More prevalent in the US. Canadian examples: police forces set firm quotas to hire more Indigenous peoples. Affirmative Action and Employment Equity, cont’d Employment equity: a federal government policy requiring civil-service managers to proactively consider employing women, people with disabilities, Indigenous people, and visible minorities. Widely practiced in Canadian public service. Differs from affirmative action in two ways: 1. Instead of a quota, there is an organizational mandate to eliminate systemic employment barriers (setting diversity goals, establishing training programs, etc.). 2. Maintains minimum recruitment standards and merit- based hiring practices. Affirmative Action and Employment Equity, cont’d At the federal level, employment equity policies have been so successful that of the four target groups, only people with disabilities tend to be underrepresented compared to their proportion of the general population. “The higher, the fewer”: while junior ranks of the federal public service have become quite diverse, this is not the case in the upper ranks. Affirmative Action and Employment Equity, cont’d Affi rmative action and employment equity are controversial. Critics argue: Public officials should be chosen on merit alone. Discrimination of any kind must never be condoned (“reverse discrimination” against whitestream men). Imposing hiring and appointment quotas favour descriptive representation over all other definitions. Reasonable Accommodation Reasonable accommodation: adjustments to policies that allow for the inclusion of traditionally disadvantaged groups without causing undue hardship to others. Allowing people to exercise their rights and freedoms on an equal basis. Requires governments to balance being inclusive and equitable with being practical and fair. Quebec is the epicentre for debates over reasonable accommodation. Diversity and the Courts At times, the courts have been the greatest protectors of disadvantaged groups in Canada. 1929 Persons case 1988 R v. Morgentaler 1990 R v. Sparrow 1995 Egan v. Canada 2013 Bedford v. Canada Legal protections are found in the Charter of Rights and Freedoms, the federal Bill of Rights, and various federal/provincial/territorial human rights codes. Diversity and the Courts, cont’d At the federal level, the Canadian Human Rights Act prohibits any federal government department or agency, or federally regulated employer, from discriminating on the basis of race, national or ethnic origin, skin colour, religion, age, sex, marital or family status, sexual orientation, disability, or pardoned conviction. If a complaint cannot be resolved, it is sometimes referred to the Canadian Human Rights Tribunal. The decisions of the tribunal may be reviewed by the Federal Court, with a range of appeals reaching all the way to the Supreme Court of Canada. Diversity and the Courts, cont’d The most controversial cases surround the issue of hate speech, messages that promote harm or aggravated contempt of an identifiable group of people. Cases often pit protections found in the Charter (freedom of expression) against the Criminal Code of Canada, which prohibits spreading “hate propaganda,” “any writing, sign or visible representation that promotes genocide,” and “[inciting] hatred against any identifiable group.” International Commitments to Human Rights Canada is a party to 8 of 10 core UN human rights declarations, plus: The International Convention on the Elimination of All Forms of Racial Discrimination (1969) The Convention on the Elimination of Discrimination against Women (1981) The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1987) The Convention on the Rights of the Child (1990) The Convention on the Rights of Persons with Disabilities (2008) International Commitments to Human Rights, cont’d Canada is not a party to UN human rights conventions concerning migrant workers or the secret abduction or imprisonment of persons whose whereabouts are hidden from the public. Indigenous Representation in Canada In addition to federal, provincial, and municipal politicians, Indigenous people are often represented by their local Band Council and chief, their tribal Councils and treaty negotiators, or regional or national Indigenous organizations. Not all Indigenous people view these representatives as legitimate. Quantity of representatives should not be confl ated with access or infl uence in policymaking. Definitions and Designations Constitutionally, Indigenous peoples comprise 4 distinct groups: Status Indians Non-status Indians Métis Inuit Roughly 5% of the population identify as belonging to one of these groups. Definitions and Designations, cont’d Self-identification is only part of it. Federal government also has a paternalistic set of policies/labels defining Indigenous peoples according to their eligibility for various government programs/services. Definitions and Designations, cont’d Status Indian: First Nations person registered and entitled to certain rights under the Indian Act. Approximately half of all Indigenous peoples in Canada. “Status” is a legal definition which differs from “membership”—status is defined by the government. Prior to 1985, it was possible to lose one’s status under the Indian Act. Band: a group of status Indians for whom reserve land has been assigned, or who have been so designated by the Crown. Band Council: governing body elected by members of a band. Chaired by a chief and elected by Band members. Chiefs and Band Councils responsible for reporting to federal government on expenditure of funds. Definitions and Designations, cont’d Non-status Indian: a First Nations person not registered under the Indian Act 15% of First Nations people in Canada. Métis: Indigenous peoples with mixed First Nations and European ancestry. 30% of Canada’s Indigenous population. Debate over qualification for certain treaty rights or other forms of nationhood. Inuit: Indigenous peoples with historic ties to the northernmost lands in Canada. Approximately 4.2% of all Indigenous peoples. Majority of the population of Nunavut. Definitions and Designations, cont’d Status and treaty rights are distinct. Métis and Inuit peoples lack status under the Indian Act, but may still access treaty entitlements. Many Indigenous peoples have treaty cards which grant them distinct sets of benefits and rights. Many status Indians lack treaty rights, as large tracts of land fall outside the bounds of formal treaties. Demographics and Representation Indigenous communities are some of the youngest and fastest-growing in Canada. Sizeable gaps in socioeconomic well-being between Indigenous and non-Indigenous peoples. Lower than average income and higher unemployment. Lower graduation rates and education levels. Lower standards of living, including housing and food security. Higher proportion of children in foster care. Higher rates of violent crime and incarceration. Poorer health outcomes (life expectancy, chronic disease, substance abuse, mental illness, suicide). Demographics and Representation, cont’d Underrepresented in Canadian legislatures and appointed offi ces. Participation rates in federal/provincial/territorial elections are substantially lower than non-Indigenous population. Demographics and Representation, cont’d Two schools of thought on Indigenous turnout in Canadian elections: Indigenous peoples in Canada tend to vote in lower numbers because they share many of the attributes of non-voters in the general population (e.g. lower education). Closing this so-called “turnout gap” requires narrowing the socioeconomic gaps. A unique combination of historical, socio-cultural, institutional, and attitudinal barriers stand in the way of Indigenous engagement in Canadian elections. Many Indigenous people lack confidence in the institutions of the Canadian state, and fail to see elections as producing legitimate, democratically representative results for themselves and their communities. Demographics and Representation, cont’d 1969 White Paper on Indian Policy proposed extinguishing Indigenous rights and fully assimilating Indigenous peoples into whitestream society. First Nations leaders mobilized in opposition. National Indigenous Organizations (NIOs): five bodies formally recognized as representing the interests of different Indigenous groups across Canada. Demographics and Representation, cont’d Many Indigenous groups asked the government to amend (not abolish) the Indian Act. Potential amendments included: Indigenous rights enhanced; Indigenous representation in federal decision-making increased; and federal fiduciary responsibility for Indian affairs increased. The White Paper was abandoned soon after it was released. Demographics and Representation, cont’d National Indigenous Organizations (NIOs) A convenient means for federal, provincial, and territorial governments to engage with Indigenous peoples on a Canada- wise basis. Overall, however, the NIO model falls short of a nation-to- nation approach featuring Indigenous self-government, which is what some feel is the most appropriate model for Indigenous representation in Canada.