CANADIAN FEDERALISM: DERA FE TI E O ADAPTING CONSTITUTIONAL H N ROLES and RESPONSIBILITIES T in the 21ST CENTURY L a N FÉ IO Donald G

CANADIAN FEDERALISM: DERA FE TI E O ADAPTING CONSTITUTIONAL H N ROLES AND RESPONSIBILITIES T IN THE 21ST CENTURY L A N FÉ IO Donald G. Lenihan, Tim Barber, Graham Fox and John Milloy DÉRAT

Since 1867, the clear trend has been toward deepening interdependence between the federal and provincial governments. In some ways, the history of federal- provincial relations is the story of their efforts to manage this growing interdependence. New technologies and globalization are taking this to a new level, far beyond anything we have seen before. As a result, traditional ways of managing the federation, such as the division of powers in the 1867 Constitution, executive federalism, or the courts, are no longer adequate on their own, say Lenihan et al. Governments need new guidance and direction to manage new forms of interdependence. The authors propose an approach that would give citizens a special role in helping to define the outcomes they want their governments to achieve together in key areas of interdependence. They call it “citizen-centred” federalism.

Depuis 1867, on a assisté au renforcement de l’interdépendance des gouvernements fédéral et provinciaux. L’histoire des relations fédérales-provinciales se résume en quelque sorte aux efforts consentis à la gestion de cette interdépendance croissante. Or les nouvelles technologies et la mondialisation ont accentué le phénomène, de sorte que les moyens qui ont traditionnellement servi à gérer la fédération, de la répartition des pouvoirs aux tribunaux en passant par le fédéralisme exécutif, n’y parviennent plus à eux seuls, constatent Lenihan et al. Les gouvernements ont besoin de nouvelles modalités d’encadrement et d’orientation pour gérer ces nouvelles formes d’interdépendance. Les auteurs proposent une approche qui donnerait aux citoyens un rôle précis dans la détermination des résultats que devraient viser les gouvernements dans les domaines d’interdépendance. Pour la décrire, ils parlent de « fédéralisme citoyen ».

he conventional, hierarchical structure of governance, especially from provinces, to the idea of integrating ment has prevented governments from collaborat- programs and services in ways that require the alignment of T ing with each other or with the private and policies across jurisdictional boundaries or the creation of voluntary sectors. Efforts to change that structure challenge new mechanisms for joint or shared governance. long-standing practices of accountability and the protection These jurisdictional walls — and the political culture of privacy. In effect, these practices evolved together with that supports them — are one of the most serious obstacles government and are deeply intertwined with its structure. to the transformation of government. While we recognize Efforts to change it therefore inevitably affect them. that the commitment to federalism is an essential part of There is yet a third area where the structure of govern- our system of government that must be respected, we argue ment is deeply intertwined with cherished institutional prac- that the practice of federalism has evolved and changed tices: federalism. Given the commitment in our Constitution over the years and that it needs to be revisited again in light to the separation of federal and provincial spheres of activi- of the rise of digital technologies. ty, the ideas of integrating services across jurisdictional boundaries, of allowing personal and generic information to n 1867 the Fathers of Confederation decided that the flow more freely, and of promoting a more collaborative, I new country would be a federation. It was not a foregone partnership model of government and governance all raise a conclusion. Some, including Sir John A. Macdonald, want- particularly sensitive issue. There is often very strong resist- ed a unitary state. In the end, however, the parties agreed

POLICY OPTIONS 89 APRIL 2007 Donald G. Lenihan, Tim Barber, Graham Fox and John Milloy

that because the new country included national and local tasks made a lot of until then had seemed to be separate diverse linguistic, cultural and regional sense in the Canada of 1867, it was spheres. As a result, constitutional communities, federalism was a good because these circumstances prevailed; responsibilities that seemed black and compromise between full integration because the world was a simpler place. white in 1867 became progressively and independent colonies. The com- As a result, the British North America Act grey. It was getting harder to say what mitment to respect this diversity has met Canada’s needs quite well for a time. was local and what was national. thus been with us since the beginning. During the first half of the 20th The strategy behind it was simple century, however, things changed. s the interdependence of the two enough. The federal government Canadians flocked to the cities, A spheres grew, the courts were would attend to “national” matters, exchanging farming for manufacturing called on to play the role of “umpire” while the provincial governments jobs. Living in cities and working in of the federation, defining where the would occupy themselves with “local” factories raised new issues. Canadians boundaries lay. In contrast to ones. The 1867 Constitution divided needed new tools and machines, new Macdonald’s vision, however, it federal and provincial responsibilities knowledge and skills to build and oper- steered a pretty clear course toward into two mutually exclusive sets of ate them, and new private and public decentralization, gradually chipping powers. The two orders of gov- away at centralizing elements ernment would operate freely Governments responded by in the Constitution. within their respective spheres assuming new roles. They expanded Now, with almost a century with little or no conflict. into new areas of law-making, and a half of experience behind It was a fine idea. But we us, a clear lesson has emerged should note that the role of regulation and services, many of about our federation. The dis- government in 1867 was far which could hardly have been tinction between local and less ambitious than it is today. glimpsed by the Constitution’s national roles is a relative one. Governments focused on a few authors. As Canadian society Whether something is local or core tasks such as building national often depends on how roads, railways and ports; became more complex and we look at it. And that can maintaining an army; manag- differentiated, so did government change over time. Not so long ing trade relationships with programs and regulations. But these ago, clear-cutting a forest other countries; regulating changes had an unexpected looked like a local matter. Now businesses; and keeping the we know that it can have all peace. Moreover, bureaucracies consequence. They began to expose kinds of effects on other parts of were a fraction of the size they — or perhaps create — links the ecosystem, from migrating are now. Even governments between what until then had birds to the levels of CO2 in the that were large by the standards seemed to be separate spheres. As a air. The lesson is that the more of the day, such as the knowledgeable and differentiat- Government of Canada, could result, constitutional responsibilities ed our society becomes, the still house a major department that seemed black and white in more new connections we find in a single two- or three-story 1867 became progressively grey. It between these two levels. building. In addition, the offi- was getting harder to say what was At the end of the Second cials who ran them often spent World War, another wave of their entire career in the same local and what was national. change washed over the coun- department. As a result, they came to services for urban life, from automobile try. For governments, it was the start of know its business very well. Their insurance to streetcars and sewers. a huge expansion as they got to work long-term presence helped ensure sta- Governments responded by building the welfare state. Major new bility within the policy areas and con- assuming new roles. They expanded programs were launched, such as the tinuity among the various roles. into new areas of law-making, regula- Canada Pension Plan, family allowance tion and services, many of which and medicare. inally, Canadian society, too, was a could hardly have been glimpsed by The period was one of especially F simpler place. Most people lived in the Constitution’s authors. As intense growth and building for the the countryside and worked on farms. Canadian society became more com- provinces. They found themselves Few had a high school education. plex and differentiated, so did govern- designing and delivering huge new Radio and television had not yet been ment programs and regulations. But programs in education, health and invented. these changes had an unexpected con- community services. That led to a If the idea of a federal state organ- sequence. They began to expose — or major expansion of their bureaucra- ized around a basic distinction between perhaps create — links between what cies, got them involved in new policy

90 OPTIONS POLITIQUES AVRIL 2007 Canadian federalism: adapting constitutional roles and responsibilities in the 21st century areas and precipitated new forms of owned them. The courts, in turn, based emerged from their meeting to taxation and spending. The result was their decisions on earlier precedents announce that they would be propos- enhanced visibility, profile and influ- around the division of powers. They ing an amendment to the Constitution ence among citizens. It also purged the explained this way of elaborating the to their respective legislatures. political culture of any remaining ves- Constitution by picturing it as a living At first, public reaction was upbeat, tiges of the old centralized vision of tree, whose branches grew and multi- even celebratory. Within a few months the mood had changed. This second wave of change was accompanied by a profound Three years later, as the time deepening of the interdependence between the two orders of limit on ratification of the government. The federal government assumed an important agreement was expiring, the new role as a funding partner and a champion of the principle debate around the Accord had become the political that basic social programs should be available to all Canadians equivalent of a hurricane. in all parts of the country. For the most part, Canadians Many citizens and civil-socie- responded enthusiastically. They liked the vision of Canada as ty organizations fiercely a sharing community, committed to promoting equality of attacked the agreement. Some feared that it would opportunity for all its citizens. They also liked that they were lead to the unravelling of the free to move about the country, while enjoying similar levels of country. Others thought it protection and security anywhere. For an increasingly mobile bestowed a special status on population, it was an attractive benefit of being Canadian. Quebec. But perhaps the most stinging — and in some the country. The new constitutional plied over the years but which were ways surprising — criticism was reserved vision of the relationship between fed- supposedly all joined in a single trunk. for the first ministers themselves. eral and provincial powers was cap- Canadians demanded to know why “11 tured in the metaphor of a balance. hile the metaphor is a sugges- men in suits” thought they could simply From the perspective of federalism, W tive and powerful one, the go behind closed doors and change the this second wave of change was accom- actual result of this interpretive work country. It mattered little that, in fact, panied by a profound deepening of the has been confusing and often contro- that was how it had always been done. interdependence between the two versial. Indeed, far from displaying the The clear message from Canadians — orders of government. The federal gov- symmetry and elegance of a stately old and especially from the organizations of ernment assumed an important new tree, case law around the division of civil society — was that they felt a new role as a funding partner and a champi- powers is a labyrinth of Byzantine sense of ownership of the Constitution on of the principle that basic social legal reasoning that can leave scholars and the processes around amending it. programs should be available to all baffled and the two levels of govern- Canadians in all parts of the country. ment deeply entangled. It is more like his sense of public ownership of For the most part, Canadians respond- a thicket of brambles than a tree. For T what were traditionally elite-driv- ed enthusiastically. They liked the example, while the federal govern- en processes marks a fundamental vision of Canada as a sharing commu- ment is responsible for regulating the change in our political culture. While it nity, committed to promoting equality airwaves and so for issuing broadcast- had been incubating for some time, of opportunity for all its citizens. They ing licenses, in the 1970s the with the debate over the Meech Lake also liked that they were free to move Government of Ontario created TV Accord it finally burst onto the political about the country, while enjoying sim- Ontario, a public broadcaster, to scene. Since then it has spread through ilar levels of protection and security achieve certain policy goals. As a our political institutions. There are anywhere. For an increasingly mobile result, its cultural policy is now entan- clear signs of it in Canadians’ willing- population, it was an attractive benefit gled with the federal responsibility to ness to challenge the legitimacy of the of being Canadian. regulate broadcasting. courts, especially regarding decisions At the same time, other new policy However profound the impact of that effect social policy, and in the pub- fields were emerging, such as telecom- the social union may have been on lic’s insistence that governments munications. As the framers of the federalism, an even more far-reaching should consult with “stakeholders” Constitution could not have foreseen set of changes came to light in the before changing laws, regulations, pro- such developments, they were debate over the Meech Lake Accord. In grams and services that affect them. nowhere to be found in the division of 1987 Prime Minister Brian Mulroney At the same time, citizens and powers. Governments therefore turned assembled the 10 premiers to discuss advocacy groups have shown a new to the courts to clarify which level Quebec’s place in Confederation. They willingness to use the courts to achieve

POLICY OPTIONS 91 APRIL 2007 Donald G. Lenihan, Tim Barber, Graham Fox and John Milloy

their own policy goals by challenging and establishing processes for citizens to idea of a “commitment to respect diver- laws they oppose or getting new rules challenge unfair administration prac- sity.” But filling in these parts would not imposed on governments. The equality tices or bring forward complaints about change the point of the story, which is rights in section 15 of the Charter of access and service. that governments responded to new cir- Rights and Freedoms have been an cumstances and expectations by taking especially powerful tool for this. e can complete this historical on new roles and responsibilities and, as The effort of Paul Martin’s short- W sketch, bringing ourselves into a result, found themselves more and lived Liberal government to launch a the present, by calling to mind the more involved in one another’s jurisdic- national child care program showed huge changes now underway as a tions. There are many lessons that could yet another way that the policy process result of the digital revolution. Suffice be drawn from this sketch, five of which has changed over the last two decades. it to say that the impact on our socie- will be discussed here. As the Liberals pursued their vision of a ty and institutions could make all the new national child care strategy with previous ones pale by comparison. he first lesson is that we cannot the provinces, they unexpectedly From e-mail to global capital markets, T simply return to the original con- found themselves running afoul of new technologies are connecting citi- stitutional vision based on local vs. organizations that were already deliver- zens and institutions in ways that national responsibilities. It belongs to a ing child care services. Many worried would have seemed like science fiction different era. Entanglement and inter- that the federal approach might con- only a few decades ago. As for the dependence are a fact of life. They are a flict with their own and that they impact on federalism, we have seen reflection of the complexity of our soci- would be forced to adjust their pro- how earlier waves of change, such as ety, the values that define us and the grams to align them with the new one. industrialization or the rise of the wel- peculiar nature of our constitution. fare state, deepened the interdepend- The real challenge is to find an effec- hese organizations insisted that fed- ence between governments. The tive way to manage interdependence T eral and provincial governments digital revolution is pushing this to that is also respectful of our diversity. So should work with them to find ways to levels unlike anything we have seen far our governments have failed. Our accommodate different approaches. before. These technologies have an political discourse careens back and forth When it comes to providing community extraordinary ability to connect peo- between pan-Canadianism and the lan- services, they expect to be treated as part- ple and institutions in new ways. guage of the British North America Act. ners, not the hired help. A few decades While we can still make many choices Neither does justice to the complex rela- ago they would have had neither the self- about the form our new levels of con- tionships that now exist between the confidence nor the moral authority to nectedness will take, that they will three orders of government, civil society, stand up to governments this way. profoundly deepen interdependence businesses and citizens. On one hand, Nor is this kind of activism confined — at all levels — is hardly open to the commitment to respect diversity — to national or local issues and organiza- question. It is simply a consequence of regional, cultural and linguistic — has tions. Many citizens are deeply engaged living in the information age. never been more important. It remains a in international issues and belong to groups that are The first lesson is that we cannot simply return to the original active in national policy constitutional vision based on local vs. national responsibilities. It debates in countries around belongs to a different era. Entanglement and interdependence the world. Consider the role are a fact of life. They are a reflection of the complexity of our played by the Sierra Club or Greenpeace in the debate society, the values that define us and the peculiar nature of our over Canada’s commitment constitution. The real challenge is to find an effective way to to the Kyoto Accord. manage interdependence that is also respectful of our diversity. Finally, we should take So far our governments have failed. note how far Canadian governments themselves have come in rec- In summary, this historical sketch fundamental principle of Canadian fed- ognizing and accepting these changes. shows how growth and change within eralism. On the other hand, interdepend- The 1999 Social Union Framework our society have pushed us beyond the ence is a complex — and growing — Agreement (SUFA) commits govern- vision of federalism in the 1867 reality that manifests itself in many ways. ments to a range of measures aimed at Constitution. As a sketch, the story is It will not be solved by trying to isolate involving citizens more fully in the poli- necessarily incomplete. Important parts and quarantine large policy fields, such cy process, such as creating mechanisms of it, such as the efforts to accommodate as immigration, skills and development, for them to participate in developing linguistic and cultural differences, are education or health. Yet our political dis- social priorities and reviewing outcomes, described only indirectly through the course continues to suggest that it will.

92 OPTIONS POLITIQUES AVRIL 2007 Canadian federalism: adapting constitutional roles and responsibilities in the 21st century

This leads to the second lesson, minutes of browsing on the Web site But “getting beyond the silos” is which is that the division of powers no turns up hundreds of services, with top- easier said than done. It will take more longer exists in splendid isolation. ics ranging from Aboriginal affairs to than the right attitude on the part of New principles of governance can and zoology. In fact, the portal is a lot like a senior officials or ministers. It will do appear, such as the commitment to junk drawer. It is full of bits and pieces, take a major change in the culture and equality of opportunity behind the odds and ends, all loosely linked togeth- practice of federalism — which brings social union or, more recently, to citi- er through their connection to seniors. us to the fourth lesson from our historical sketch: executive This leads to the second lesson, which is that the division of federalism is no longer ade- powers no longer exists in splendid isolation. New principles quate for managing the of governance can and do appear, such as the commitment federation. It is not an to equality of opportunity behind the social union or, more effective way of motivating governments to solve such recently, to citizen engagement in SUFA. As governments use problems, and it leaves no them to shape and redefine their roles, policies and programs, authoritative way to tensions will arise between the various priorities and resolve differences over val- commitments to which they give rise. Managing those ues, goals, priorities or trade-offs. Too often the tensions will always be a challenge for our federation. result of such meetings is arcane debates, procrastina- zen engagement in SUFA. As govern- The more we rummage through them, tion or simply a standoff. What is the ments use them to shape and redefine the more unsettled we become. We start alternative? their roles, policies and programs, ten- wanting answers to pointed questions: In fact, there is only one real sions will arise between the various ● Are seniors well served by so answer to this question: citizens. All priorities and commitments to which many, often narrowly focused, ini- governments exist to serve them. Only they give rise. Managing those ten- tiatives? citizens have the moral authority to sions will always be a challenge for our ● Do they even know what’s avail- demand that governments roll up their federation. Nevertheless, the emer- able? sleeves and work together to solve such gence of new principles is an essential ● Are there better ways of helping problems; and only citizens can provide part of the evolution of our society them find the services they need? the kind of guidance that governments and institutions. If, as the courts have ● If so, are they flexible enough to need to resolve differences over values, said, the Constitution is a living tree, let seniors “integrate” them into a goals, priorities or trade-offs. Federalism then Canada is a work in progress. package that responds to their par- must become more citizen-centred. Our The third lesson is that we are pay- ticular needs? governments must recognize that ing a high price for our refusal to con- ● How effectively are governments multi-sectoral, cross-boundary dialogue front this reality squarely. Over the working with seniors (or the and collaboration is an essential part of decades, the tendency of governments organizations that represent them) good governance. Indeed, as we saw to act in isolation has produced a to see how this might be done? with the Liberals’ consultations on hodge-podge of policies, regulations, child care, governments ignore this at programs and services. This is unaccept- overnments have been developing their peril. The old days when elites got able — or at least it should be. It is a G portals like this one for more than together behind closed doors and sim- huge drain on resources; it undermines a decade. As a result, the fragmented, ply made policy are coming to an end. the effectiveness of many government disorderly state of their policies, regula- The public policy process is becoming policies and programs; and it creates a tions, programs and services now stands just that — a public policy process. The burden for citizens and businesses who exposed for all to see. The clear message fifth and final lesson from our sketch is must sort through the mess to get the from a long list of studies and surveys is that these new trends in governance services they need. The Seniors Canada that citizens want it fixed. They want need to be aligned with federalism. The On-line portal provides a convenient governments to work together to ensure Public Health Goals for Canada project illustration. It is a bit like a phonebook that these initiatives are aligned to make helps us see how this can be done. in that it contains a list of services for them work better for citizens and to In September 2004 first ministers seniors from all three orders of govern- achieve common goals. They want gov- agreed that a good health system must ment. While such a list is a good and ernments to take a more holistic be about more than curing illness. It useful thing for seniors, it also serves an approach to policy and program deliv- should also focus on preventing illness unintended purpose: it underlines the ery. They want them to focus more on and promoting health. This requires fragmented state of these services. A few outcomes and less on jurisdictions. action in other areas, such as pollution

POLICY OPTIONS 93 APRIL 2007 Donald G. Lenihan, Tim Barber, Graham Fox and John Milloy

control, income support, and regulation as important to their health as curing they rarely felt bound by what they of the food supply — what experts call illness. They are starting to see govern- heard. Our argument is that govern- “determinants of health.” First ministers ments’ efforts to address such issues as ments must learn to engage citizens and agreed to work together to coordinate an integral part of their overall health stakeholders in ways that are meaning- their efforts in ways that would improve system, and therefore as linked to their ful to them, that is, through processes in the health and safety of their citizens by right to move freely across the country which they feel genuinely empowered focusing on these determinants. As a and enjoy the benefits of a high-quali- to affect outcomes. result, the Public Health Goals project ty health system. As this progresses, was launched, beginning with a nation- they will likely come to expect govern- ne hurdle is the public distrust in al consultation involving stakeholders, ments to work together in new ways to O consultations that has accumulat- experts and ordinary Canadians to ensure that they have access to the ed over the years. Ordinary citizens and define public health goals for Canada. things they now believe they need to stakeholders are skeptical of govern- We see then that many of the stay healthy. For example, they may ments’ willingness to listen to them. issues raised by public health lie outside expect governments to ensure that They have seen too many cases of gov- the conventional health system. Some wherever they go in Canada they will ernments just going through the will be federal responsibilities, such as have the opportunity to exercise prop- motions. If these processes are to pro- regulating parts of the environment. erly or to be protected from second- vide direction and legitimacy to deci- For example, to meet its commitments hand smoke. In a citizen-centred sion making in difficult areas, citizens under an eventual Health Goals agree- approach to federalism, governments must be convinced of their authenticity. ment, the federal government might remain responsive to such develop- They need to see some real results that need to pass a law restricting the chem- ments by including citizens in discus- reflect their input. icals that can be used in producing sions about change, and then working From this perspective, the Health some foods. Such action certainly together to respond appropriately. Goals project is an impressive effort but, would be consistent with the federal The Public Health Goals project is a in hindsight, perhaps an overly ambi- role implied by the Health Goals proj- step in that direction. It brings govern- tious one. It aims at painting a picture on ect. Nevertheless, it does not tell the ments together with stakeholders and a very large canvas — in effect, a whole whole story; and if we stopped there, citizens to articulate a changing vision new policy field. Notwithstanding the we would miss a critical point. of health. This helps governments good work that has been done here, there The Health Goals project also gives decide how constitutional principles is still a very long way to go. With the citizens and stakeholders a role in help- like mobility and equality of opportuni- change in government at the federal ing to identify new ways that the two ty should be applied to the new field. level, however, it appears to have lost levels of government should be work- At the same time, nothing here momentum. We can learn something ing together to respond to changing implies that the federal government is here. Big projects take a huge amount of views around health. At the same time, nothing here implies that the federal onsider the 1982 government is the only or even the natural champion of C Constitution. It com- these principles. On the contrary, provinces can and often do mits the Government of Canada and the provinces work together to eliminate barriers to mobility or promote to supporting the mobility equality of opportunity. One of the goals of the new Council of citizens. It also commits of the Federation is to provide a forum in which such issues them to promoting equality can be discussed. of opportunity by, say, ensuring that Canadians have access the only or even the natural champion time and effort, which means they are to comparable levels of service, wher- of these principles. On the contrary, vulnerable to changing circumstances of ever they live. The Health Goals proj- provinces can and often do work all kinds. We see from this that scale is a ect would extend this vision to new together to eliminate barriers to mobil- risk. It is often wiser to aim low; to pick areas. As awareness of public health ity or promote equality of opportunity. something smaller and try to move for- issues grow, citizens see new links One of the goals of the new Council of ward by degrees, rather than in big leaps between issues outside health and the the Federation is to provide a forum in and bounds. overall effectiveness of their health which such issues can be discussed. Citizen-centred service could be an system. For example, they are now far We saw that until quite recently ideal candidate for progress on citizen- more conscious that, say, the lack of policy development happened mainly centred federalism. Consider the exercise, pollution, bad eating habits inside government. Although govern- seniors’ portal. If governments wanted and avoiding second-hand smoke are ments consulted from time to time, to align some of the programs within it

94 OPTIONS POLITIQUES AVRIL 2007 Canadian federalism: adapting constitutional roles and responsibilities in the 21st century more closely, they could turn to the ones — but rather to complement them. over federal intrusion into its jurisdic- stakeholders for advice and/or sugges- In the end, there are many different tions. Other people oppose this option tions on how the services could be inte- strategies and mechanisms for engaging on the grounds that it would bestow a grated to make them more effective and citizens and stakeholders. They range constitutional status on Quebec that responsive to seniors’ needs. This is a from community partnerships, conven- other provinces do not enjoy. This, more focused and manageable project. tional hearings, and town halls to inno- they say, would be unfair. The stakeholders they would be engag- vative new mechanisms such as the BC We need not comment on the ing — seniors or groups representing Citizens Assembly on Proportional merits of this argument here. It should them — would be highly motivated to Representation. They can be used to be clear that, in so far as the proposals participate, as it is their services that establish values, set goals and priorities, here imply a realignment of roles and will be affected. For the same reason, make trade-offs, develop policy and responsibilities, it need not involve they are very well placed to provide improve the delivery of programs and constitutional change. This could be informed advice on what sorts of services. Taken together, they constitute a done through administrative arrange- changes would be desirable. The formidable suite of highly flexible tools ments. However, we do want to point changes under consideration would be to engage citizens and stakeholders on a out that asymmetry in administrative small enough that governments should wide range of issues and topics. They arrangements not only occurs, it is very be able to implement many of them could make a very significant contribu- common. The recent Labour Market fairly quickly. This, in turn, Development Agreements are means that stakeholders would It should be clear that, in so far as an example. In fact, asymmetry quickly see real and tangible the proposals here imply a is a critical tool for managing a results from their participation. realignment of roles and federation as big and diverse as That would strengthen their Canada. Different provinces trust in the process and their responsibilities, it need not involve have different needs and we see willingness to commit further constitutional change. This could be no reason to assume that efforts time and effort to helping gov- done through administrative to integrate services in a given ernments improve the services. arrangements. However, we do area such as health or agricul- It would also give them a sense ture might not lead to quite dif- of ownership of the programs want to point out that asymmetry in ferent arrangements between and services. Finally, all of this administrative arrangements not different governments, includ- would help legitimate govern- only occurs, it is very common. The ing provincial ones. ments in the eyes of stakehold- recent Labour Market Development On the contrary, citizen- ers. Similar opportunities exist centred federalism assumes in a wide range of other areas, Agreements are an example. In fact, that each government must including persons with disabili- asymmetry is a critical tool for find its own level of comfort in ties, urban Aboriginal people, managing a federation as big and working with other govern- youth, the business community diverse as Canada. ments, according to what its and single parents. citizens want. This is a practical tion to reshaping how the federation and realistic way of letting the federa- he encouraging news is that works by giving citizens a stronger and tion evolve and of responding to T Canadians’ Internet penetration and clearer voice in helping governments changing circumstances and the differ- literacy rates are reaching a level where find and maintain the right balance ent needs and aspirations in different new technologies could be used to do between the various principles underly- parts of the country. this kind of engagement regularly and on ing our federation. That is the ultimate a large scale. Of course, much work needs goal behind a more citizen-centred Donald G. Lenihan is President and CEO to be done building skills and sorting out approach to federalism. of the Crossing Boundaries National the methodological issues, but there is Council in Ottawa. Tim Barber is a every reason to be optimistic. In the com- ne last topic needs comment: founding partner of Bluesky Strategy ing years, on-line dialogue processes will O asymmetrical federalism. “Asym- Group, a full-service public affairs firm become a critical tool for governments metry” results when a single govern- based in Ottawa. Graham Fox is Vice- looking for guidance and legitimacy on ment has different relationships with President at the Public Policy Forum in complex policy issues. different members of the federation. Ottawa. John Milloy is the member of Having said that, let us add that such Over the last half-century, asymmetri- the Ontario Provincial Parliament for processes will not and should not aim to cal federalism has been proposed and Kitchener Centre and Parliamentary replace other consultation/engagement debated many times, most often as a Assistant to the Minister of Training, tools — including traditional face-to-face way to respond to Quebec’s concerns Colleges and Universities.

POLICY OPTIONS 95 APRIL 2007