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Canadian Federalism, Abeyances, and Quebec Sovereignty

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Canadian Federalism, Abeyances, and Quebec Sovereignty Canadian Federalism, Abeyances, and Quebec Sovereignty Andrew McDougall A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Political Science University of Toronto © Copyright by Andrew McDougall 2016 Canadian Federalism, Abeyances and Quebec Sovereignty Andrew McDougall Doctor of Philosophy Department of Political Science University of Toronto 2016 Abstract This dissertation examines the changing patterns of intergovernmental relations among political elites toward sensitive constitutional issues implicated in the Quebec sovereignty movement, in particular after the 1995 referendum on Quebec sovereignty-association. It extends David Thomas’ concept of constitutional “abeyances” to suggest that areas of constitutional ambiguity over which there are strong enough disagreements to lead to a national breakup can be successfully managed given enough political will. This depends on their being enough political actors who otherwise share a common interest in national unity willing to keep abeyances from escalating into a crisis. The exposure and politicization of such abeyances in the middle of the 20th century raised the salience of constitutional disagreements in Canada nearly to the point of national disintegration. The decline in the salience of these abeyances and the waning of support for sovereignty in Quebec since the last referendum has reduced this possibility substantially. Using a mixed method approach within an historical institutionalist framework, this dissertation argues that, along with other social forces, this is partially explicable in light of the fact actors such as the courts, federalist political leaders, and their parties have been willing to avoid discussing sensitive constitutional abeyances and leave them unresolved in the interests of avoiding a constitutional crisis. This has certainly not resulted in end of the sovereignty movement in Quebec, which remains very much alive. However, along with other political and ii social forces the willingness to keep deep constitutional disagreements camouflaged has permitted Canadian federalism to regain a measure of stability. iii Acknowledgments It goes without saying that this project was only made possible through the energy, dedication, and commitment of a remarkable team of academic supervisors. Grace Skogstad, David Cameron, Graham White, Robert Schertzer and Michael Keating are the people who deserve most of the credit for helping me bring it to completion. While the world knows many disaffected graduate students, I am not one of them, and they are the reason. More than anyone else, it was through their organization and encouragement that this project reached a conclusion. Along the way, Profs. Christopher Cochrane, Linda White, Rod Haddow, Ran Hirschl, Peter Loewen, Peter Russell, and Robert Vipond all stand out in particular for their help throughout the program. Furthermore, a note of recognition must go to Prof. Richard Simeon, who unfortunately passed away while I was writing this but whose work had a strong impact on me and the dissertation. Collectively, one would be hard pressed to find a better group of people under whom to study political science. Writing this dissertation was a joy, and they made it so. I would also like to acknowledge my fellow students at the Department of Political Science. A truly fine group of people, including: Matt Lesch, Evan Rosevear, Heather Millar, Lincoln Rathnam, Lindsay Mahon, Paul Thomas, Adrienne Davidson, Stefan Ferraro, Hamish van der Ven, Abe Singer, Noaman Ali, Anthony Sealey, Mathieu Mondou, Jessica Soedirgo, Jerry Sabin, Carey Doberstein, Anne Staver, Mauricio Suchowlansky, Marie Gagné, Sarah Zendel, Craig Smith, Kiran Banerjee, Marion Laurence, Zain Asaf, P.O. Bonin, Troy Lundblad, Mike Mordon, Jean Lachapelle, Luke Melchiorre and many others. Alexandre Paquin-Pelletier and Gabriel Arsenault were both truly vital for the insights and assistance they offered me on Quebec society, and helped so much in matters of cultural translation and perspective. And special mention to my buddy Abe Nasirzadeh, a trusted and a wonderful friend who was an unfailing source of encouragement and positivity. But for him my experience over the last few years would have been greatly diminished. Outside of the Department my parents John and Rowena McDougall and my siblings Kelly, David, and his wife Sundeep Virdi were always there for me, as they always have been. My friends Graham Scott, Mike Clark, Carol Kim, Adam Wakefield, Cathy Butler, Tiff Ing, Evan Schiller, Vanessa Scott, Noam Lior, Devin Glowinski, and Kfir Gluzberg were also constant companions through thick and thin. And of course to my partner, Jonathan McKay. Jon, I guess iv once one has already dedicated so much of one’s life to someone else, the only way to top it is to dedicate one’s book. So here it is. But when it comes to you, if I don’t stop myself now, I never will. All I want to say is thank you. v Table of Contents Contents Acknowledgments .......................................................................................................................... iv Table of Contents ........................................................................................................................... vi List of Tables .................................................................................................................................. x List of Figures ................................................................................................................................ xi List of Appendices ........................................................................................................................ xii Chapter 1 Puzzle, Methodological Approach and Concepts ......................................................... 1 1 Introduction ................................................................................................................................ 1 1.1 The context and the puzzle ................................................................................................. 1 1.2 Explanations for the decline of the sovereignty movement in Quebec .............................. 2 Research design and methodology ........................................................................................... 11 Historical institutionalism ................................................................................................. 14 Definitions ......................................................................................................................... 16 Chapter 2 The Abeyance Concept ................................................................................................ 21 2 Abeyances ................................................................................................................................ 21 2.1 Abeyances ......................................................................................................................... 21 2.1.1 Definition and origins of abeyances ..................................................................... 21 2.1.2 Why do abeyances become politicized? ............................................................... 24 2.1.3 Converting abeyances into taboos ........................................................................ 27 2.1.4 Abeyances as distinct from constitutional conventions, omissions, ambiguities, fictions and myths ............................................................................ 28 2.1.5 Abeyances and the crisis of Canadian federalism ................................................. 31 2.2 Conclusion ........................................................................................................................ 54 Chapter 3 Abeyances Collapse: 1960-80 ...................................................................................... 55 vi 3 Social evolution and politicization of abeyances ..................................................................... 55 3.1 Abeyances and sovereignty support .................................................................................. 57 3.2 Constitutional political strategies of Quebec political parties 1960-80 ............................ 59 3.2.1 The Union Nationale ............................................................................................. 60 3.2.2 The Quebec Liberal Party ..................................................................................... 69 3.2.3 The Parti Québécois .............................................................................................. 74 3.3 Federal Liberal strategy of Pierre Trudeau ....................................................................... 79 3.4 Growth of the IGR framework and Summit IGR ............................................................. 85 3.5 Conclusion ........................................................................................................................ 96 Chapter 4 Abeyances Exposed: The Constitutional Crisis1980-1993 .......................................... 98 4 Constitutional reform as political opportunity ......................................................................... 98 4.1 Abeyances and sovereignty support .................................................................................. 99 4.1.1 Federal and provincial Liberal commitment to “renewed federalism” ............... 105 4.1.2 PQ shift into constitutional discussions .............................................................
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