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Constructive and Co-Operative Federalism? a Series of Commentaries on the Council of the Federation

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Constructive and Co-Operative Federalism? a Series of Commentaries on the Council of the Federation Constructive and Co-operative Federalism? A Series of Commentaries on the Council of the Federation The End of a Model? Quebec and the Council of the Federation Alain Noël* On October 24, 2003, in Quebec City, the Foreword premiers of the provinces and territories will start establishing the mandate and the structure of a Canada’s Provincial and Territorial Premiers agreed in July 2003 to create a new Council of new intergovernmental institution, the Council of the Federation to better manage their relations the Federation. The stated objectives of this and ultimately to build a more constructive and exercise are ambitious. The proposed Council is cooperative relationship with the federal indeed understood as the centerpiece of what the government. The Council’s first meeting takes premiers have presented in Charlottetown, at their place October 24, 2003 in Quebec hosted by Annual Conference in July 2003, as “a plan to Premier Jean Charest. revitalize the Canadian federation and build a new era of constructive and cooperative This initiative holds some significant federalism.” promise of establishing a renewed basis for more extensive collaboration among governments in Canada, but many details have yet to be worked So far, in light of these objectives, the out and several important issues arise that merit proposed Council appears rather modest an wider attention. innovation. The model now envisioned is that of a new provincial-territorial co-ordination The Institute of Intergovernmental Relations instrument, that would mandate regular meetings at Queen’s University and the Institute for among the Premiers, integrate existing sector- Research on Public Policy in Montreal are jointly specific councils, provide secretarial and publishing this series of commentaries to technical support, and prepare the agenda for an encourage wider knowledge and discussion of the annual meeting with the federal prime minister. proposed Council, and to provoke further thought As such, this Council appears to be little more about the general state of intergovernmental than a light institutionalization of existing relations in Canada today. intergovernmental practices. At most, it would be This series is being edited by Douglas Brown only a first step toward the premiers’ idea of a at Queen’s University in collaboration with “new era of constructive and cooperative France St -Hilaire at the IRPP. federalism.” Much more would need to be done and achieved to open up a “new era,” in a context Harvey Lazar still defined by fiscal imbalance, federal Hugh Segal unilateralism, and recurrent intergovernmental October 2003 conflicts. *Alain Noël is Professor of Political Science and Director of the Centre de recherche sur les politiques et le développement social (CPDS) at the Université de Montréal Constructive and Co-operative Federalism? 2003 (10) © IIGR, Queen’s University; IRPP, M ontreal. 1 Alain Noël, The End of a Model? Quebec and the Council of the Federation In the end, the fate and the impact of the new however, on the depth and sustainability on this Council will depend less on its precise shape and political shift. Is the Charest government truly structure than on the decisions and actions of the committed to redefine in this way Quebec’s place different governments. In this respect, the in the federation? Will the other governments in numerous changes that have taken place or have the federation collaborate and push in the same or started in the last year appear truly remarkable. In in compatible directions? Will Quebec’s various Ottawa the prime minister is about to leave and is social and political actors accept the gradually displaced by Paul Martin, who will transformation envisioned by the new Liberal undoubtedly form a renewed cabinet and call an government, and allow it to happen? election not long afterward. In the opposition, the right is uniting and will have a new party and a A short commentary written as events unfold new leader by the spring of 2004, while the left cannot answer all these questions. They are also has a new leader. Quebec, Ontario, and worth considering carefully, however, to better Newfoundland and Labrador have new understand the politics behind the new Council of governments, each after many years with the the Federation. Indeed, the Council was first same party in power. Manitoba, New Brunswick, conceived in the context of Quebec partisan and Nova Scotia have governments that have just politics, and whether it will live or die (or merely been re-elected, albeit with difficulty in the limp along) will depend as well on the political Maritimes. Saskatchewan will have contested context, in and outside Quebec. elections in the beginning of November. The first part of this commentary probes the While it is still early to speculate on the depth of this announced shift in priorities. It future relationships between these different contrasts the new approach of the Charest governments, some conclusions can already be government with past Quebec policies in reached about Quebec, always a critical player in intergovernmental relations and argues that, intergovernmental relations. Indeed, the new indeed, the Council proposal breaks in significant Quebec government has clearly stated that it ways with long-standing governmental wanted to assume a new role in the federation, orientations. The second part considers the and it has outlined its main orientations in a sustainability of such a shift, in Quebec and in Liberal Party policy document released in Canada. It suggests that the Charest government October 2001.1 This document and the new is likely to resist pressures that have proven approach pursued by the Quebec government effective in the past, because it is animated by a since its election in April 2003 give priority to co- broader policy agenda, aimed at changing Quebec decision and collaboration in the federation. society. Over time, however, pressures are likely Apparently innocuous, these priorities break with to mount, especially if collaborative federalism a deeply rooted policy stance. Indeed, for fails to bring significant gains on objectives that decades the Quebec government has always will remain central to Quebec society, namely favored recognition and autonomy over recognition and autonomy. cooperation and integration. This change in orientation, which is presented by Jean Charest as Something Like a Foreign Policy an intended break with the past, is in itself extremely significant because over time the “[…] le ministre délégué aux Affaires intergouvernementales canadiennes et aux Affaires foundations of Quebec’s intergovernmental autochtones me secondera dans ce que nous policies have been very stable and largely non- pourrions appeler notre diplomatie intérieure. partisan. If this new orientation is sustained, it Cette diplomatie repose sur l'évidence. could have major impacts on both Quebec and Le Québec existe pleinement. Il est maître de son Canadian politics. Many uncertainties remain, destin. Nous avons la responsabilité de notre différence, de l’affirmer, de la promouvoir. Et je l’assumerai pleinement We will reclaim Quebec’s identity as a leader in 1 Quebec Liberal Party, A Project for Quebec: the Canadian federation.” Affirmation, Autonomy and Leadership; Final Report of the Special Committee on the Political and Jean Charest, Swearing-in Speech, National Constitutional Future of Quebec Society, Montreal, Assembly, April 29, 2003. October 2001 (www.plq.org). Constructive and Co-operative Federalism? 2003 (10) © IIGR, Queen’s University; IRPP, Montreal. 2 Alain Noël, The End of a Model? Quebec and the Council of the Federation Follow ing the July 2003 Conference, in autonomy. Issues have changed and policies and Charlottetown, after the premiers had agreed on concepts have varied but, whatever the party in the principle of a new Council, many observers power, the Quebec government has sought a stressed the role that the Quebec government had formal recognition of the distinct character of played in bringing this proposal to the meeting Quebec society and as much autonomy as and in seeing that it was accepted and possible within the Canadian federation. implemented. Quebec, it was said, was assuming Constitutional debates, conflicts over the federal a new role, one of leadership, in the federation. “spending power,” disagreements on “national” This was precisely the impression that the new standards, or disputes about fiscal imbalance were Charest government wanted to leave, in and all driven by these two imperatives. These outside Quebec. But how significant was this priorities did not prevent the Quebec government development? Was Quebec’s role so critical in from making genuine efforts to improve bringing the premiers to a consensus? Was this interprovincial cooperation. 2 At times, the consensus so meaningful? Quebec government even considered the possibility of closer federal-provincial As mentioned above, the Council of the collaboration, but movements in this direction Federation envisioned by the Premiers brings, for were always subordinate to or conditional upon the time being, only minor institutional changes. making progress on recognition or autonomy. The Because this is the case, the leadership role of the minimalist conditions that were put forward by Quebec government should not be exaggerated. the Bourassa government in 1986 to accept the The Charest government did not have a tough 1982 Constitution, for instance, can all be read in selling job in convincing the Premiers to accept a light of these two objectives. Likewise, the watered-down version of the Council proposed in Quebec government joined the provincial- the Liberal Party’s program. In any case, it was territorial consensus on the social union in not the first time in recent years that the Quebec Saskatoon in 1998 only when the provinces government took the lead in defining the accepted to integrate in their demands a provision intergovernmental agenda. Just a year before, in allowing a province the right to opt out with May 2002, Quebec’s Minister of Finance, Pauline compensation of a federal program.
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