Canada

Apr

2020

The Federalization of Trade Policy

Abstract

Sub-federal units increasingly engage in international trade politics, a policy domain that is an exclusive jurisdiction of the federal level in most federations. This article conceptualizes this process as an instance of federalization, that means a shift from a mode of governance in a policy domain previously dominated by the federal level towards a mode where both tiers are simultaneously active. While the federalization of trade policy seems to be a more general trend across federal systems, the patterns of sub-federal participation and, eventually, the power of sub-federal units to shape trade policy differ significantly. Building on insights from a collaborative research project, this article discusses the causes of sub-federal mobilization and how the institutional configuration of federalism affects sub-federal units’ options to influence trade policy agreements. In the final section, the article speculates about the conditions that may reinforce or undermine this trend in the future.

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May

2019

Intergovernmental Councils and the Stability of Federal Systems

Abstract

Intergovernmental councils not only increase the effectiveness and efficiency of public policy-making, they can also contribute to federal stability. Regular meetings of members of governments shape the way federal systems deal with the increasingly interdependent relationship between the governments of a federation. When policy problems cut across jurisdictions, governments’ autonomy is at stake. Looking at examples of major reforms of fiscal policy in Australia, Canada, Germany, and Switzerland, this article identifies the conditions under which intergovernmental councils protect governments’ authority, discretion, and resources so as to avoid federal tensions. Federal governments, in particular, have been eager to get involved in many policy areas for which the constituent units are responsible. Hence, the extent to which intergovernmental councils contribute to the stability of today’s federations ultimately depends on their ability to make the federal government agree on joint solutions with the federated entities.

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May

2019

Rebalancing Federal Citizenship in Canada

Abstract

In multinational federations, tensions around national identities, rights and entitlements, and power-sharing arrangements are endemic and never finally resolved. In Canada, simultaneous constitutional and fiscal crises in the 1990s brought into question the legitimacy of the ‘federal bargain’ at the core of the citizenship regime. The federal government’s response was to introduce a number of institutional, programmatic, fiscal and symbolic reforms that adjusted the delicate balance between national unity and the accommodation of diversity. This pragmatic political vision, replete with certain asymmetries and ambiguities, enabled Canada to rebuild and rebalance its way to its own unique shade of federalism.

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Mar

2019

Examining Quebec-Canada Relations: A Case-Study of Health Care

Abstract

The original Constitution of Canada, the British North America Act of 1867 (BNAA), empowers two orders of government with clearly demarcated areas of legislative competences. The Quebec government has been keen, especially since the early 1960 with the advent of the Quiet Revolution, to occupy in full its own fields of jurisdictions and to stop Ottawa from intervening in provincial domains. This was often done through the use of an opting out clause that was made available to all provinces although, in the end, Quebec was the only one to make full use of it. This text presents a case study of the recent healthcare agreements between Quebec and the central government. It points out the different relations between the provinces in relation to health care, specifically that while all other provinces sought to find a compromise on health care agreements, Quebec was successful in having its constitutional competences recognized.

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Jan

2019

What Can Cannabis Legalisation Teach Us About Canadian Federalism?

Abstract

“Executive”, “Collaborative”, “Court”, “Conflicting” or “Judicial”, Canadian federalism is depicted in eclectic terms in the academic literature. Looking at cannabis legalization in Canada, this article aims to highlight what can be revealed from the policy-making process in a federal system in which a variety of actors and orders of government are involved. It appears from the analysis that there is no hegemony of style in Canadian federalism, but rather intertwined competing dynamics at stake in the making of a single public policy.

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Feb

2018

Secession and Federalism: A Chiaroscuro

Abstract

The relationship between federalism and secession might be regarded as antithetical but is an unavoidable fact in multinational political communities. Integration and disintegration are both possible trends in a federation. Recent political events in Catalonia show the salience of independence claims, a political phenomenon already experienced by other countries such as Scotland or Quebec. Liberal democracies evolve and debates on self-government and self-determination cannot be discussed as they were decades ago. Constitutional right to secede is extremely rare, however we can find good reasons both in constitutional and normative analysis supporting democratic self-determination. Minority nations, as permanent minorities, claim for liberal guarantees to protect them from majorities, but also democratic rights to express their views on their constitutional future. Pacts are the basis of any political agreement and any federal arrangement requires individual and collective compromises to be respected.

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