The Chrétien legacy

Canada was in such a state that it WHAT HAS HE REALLY elected Brian Mulroney. By this stan- dard, William Lyon Mackenzie King DONE WRONG? easily turned out to be our best prime minister. In 1921, he inherited a Desmond Morton deeply divided country, a treasury near ruin because of over-expansion of rail- ways, and an economy gripped by a brutal depression. By 1948, Canada had emerged unscathed, enriched and almost undivided from the war into spent last summer’s dismal August Canadian Pension Commission. In a the durable prosperity that bred our revising a book called A Short few days of nimble invention, Bennett Baby Boom generation. Who cared if I History of Canada and staring rescued veterans’ benefits from 15 King had halitosis and a professorial across Lake Memphrémagog at the years of political logrolling and talent for boring audiences? astonishing architecture of the Abbaye launched a half century of relatively St-Benoît. Brief as it is, the Short History just and generous dealing. Did anyone ll of which is a lengthy prelude to tries to cover the whole 12,000 years of notice? Do similar achievements lie to A passing premature and imperfect Canadian history but, since most buy- the credit of Jean Chrétien or, for that judgement on Jean Chrétien. Using ers prefer their own life’s history to a matter, Brian Mulroney or Pierre Elliott the same criteria that put King first more extensive past, Jean Chrétien’s Trudeau? Dependent on the media, and Trudeau deep in the pack, where last seven years will get about as much the Opposition and government prop- does Chrétien stand? In 1993, most space as the First Nations’ first dozen aganda, what do I know? Do I refuse to Canadians were still caught in the millennia. My publishers and I are worst “recession” since the Great market-sensitive. In Opposition, Chrétien Depression. As in the mid-1930s, some Reserving space does not guaran- barely felt the pain; others who faced it tee that it is well filled. Most historians said and did things which first—notably in the financial commu- admit the wisdom of Chou En Lai’s aggravated his problems in nity—had long since emerged. Still, comment that it is still a little early to power. Denouncing the one in nine Canadians were unem- assess the French Revolution. How Meech Lake Accord in ployed and more, in transition from about appraising a prime minister the “old” to the “new” economy, had whose term is still in progress? Only deference to Trudeau replaced a well-paid, often unionized, partisans find it easy. helped consolidate the job with a part-time minimum-wage Personally, I have never voted for Bloc Québécois and perch in the service sector. Real Mr. Chrétien and only once for his robbed Chrétien of much incomes had stagnated since 1979 party—in 1957, when, almost single- and, since 1989, fallen. And how is it handedly, I tried to save the riding of of his influence in the where you live in the fall of 2000? We Toronto-Eglington from the twin 1995 Referendum. prosper—and grumble over a lack of scourges of John Diefenbaker and Olympic medals. Donald Fleming. Never since have I pass judgement because of incomplete In Opposition, Chrétien said and backed a winner in a federal election. knowledge? I do it daily. So do you. did things which aggravated his prob- Far from being soured by this record, I Some years ago, Jack Granatstein lems in power. Denouncing the Meech am often accused of undue respect for and Norm Hillmer conscripted some Lake Accord in deference to Trudeau people in public life. My archival slog- historians to assess prime ministers for helped consolidate the Bloc Québécois ging persuades me that people at the a Maclean’s feature. As one of them, and robbed Chrétien of much of his top are often better informed than my approach was simple: How was influence in the 1995 Referendum. their critics. Much that the media and Canada faring when each PM came on The promised countervailing gains in the Opposition define as scandal was watch and how was it when, by public the West were appropriated by Preston defined by the late A.A. Macleod, LPP or private choice, the watch ended? Manning after Chrétien feebly member for Toronto-Bellwoods, as Trudeau, for example, took over endorsed the Charlottetown Accord. “fertilizing a field with a fart.” Canada in 1968, when the country Chrétien also pledged to repudiate the When I dived into administrivia, was on an emotional and economic Free Trade Agreement and replace the my historical search engine stopped in high and separatism claimed only 18 Goods and Services Tax. By 1993, the the early 1930s, watching the late, per cent support in Quebec. By 1984, cost of quitting the FTA was incalcula- unloved R.B. Bennett create the the separatists were in power and ble. Revenue-neutral alternatives to

POLICY OPTIONS 7 NOVEMBER 2000 Comment a-t-il changé le Canada ?

quality he wanted in his generals. It also tends to coincide with courage and good sense. With a quarter-century of cabinet experience, Chrétien is the most experienced prime minister since Sir John A. Macdonald. That counts. He also paid a political price for deficit-cutting. Instead of the gener- ous majority promised by 1997 polls, Chrétien won only an eight-seat mar- gin. A score of seats in Atlantic Canada tumbled to the Progressive Conservatives and the NDP. The Bloc lost little ground in Quebec and the promised Liberal revival in the West

Canadian Press Picture Archive never happened. Higher taxes and February 1999: Jean Chrétien juggles bottle of black ink given him by Paul Martin sharply reduced benefits helped switch votes to Reform. So did low- the GST had never been palatable and the abuses of capitalism were of text- cost but liberal policies on gun control dropping the tax would have collapsed book clarity, the eclipse of the demo- and gay rights. the country’s credit rating. cratic left in Canada is no coincidence. And moving from deficit to sur- Why was Canada so vulnerable? Chrétien’s post-1993 Liberal gov- plus since 1997 substituted single- The deficit for 1993 was in the order of ernment was no marvel of compe- minded conviction with conflicting $34 billion and rising. Oddly, this was tence. Ministers mishandled the visions. Should the government a Liberal heritage. In his pre-election Toronto Airport contract, the Somalia restore services or cut taxes? Chrétien budget in 1974, John Turner indexed Inquiry and the Airbus investigation, chose to split the surplus equally. Polls both social allowances and income tax. not to mention the notorious HRDC. suggest that most Canadians This blindsided both the NDP and the Liberals pledged to keep the promises approved. A minority, rich and poor, PCs but produced an exploding gap in their Red Book and promptly (and did not. With their real income sliding between federal spending and revenue appropriately) forgot many of them. and little hope of extracting raises that neither Trudeau nor Brian Yet Chrétien kept the promise his from hard-faced “new-economy” Mulroney ever really tackled. Mulroney predecessors had broken: He tamed employers, many Canadians believe insists that Michael Wilson and Don the federal deficit. that a tax cut is the only way to Mazankowski fought the deficit. No This leads to another irony: In restore spending power. They have doubt they tried. Did they have their 2000, Jean Chrétien presents himself become awkward allies of Canada’s prime minister’s support? Sometimes. as protector of Medicare, the social insatiable wealthy. Triumphant in After 1993, Paul Martin tried too. safety net, equalization and other tat- The difference was that he had his tered remnants of Canada’s “kinder prime minister’s full support. And and gentler” image against the most During seven years in Chrétien’s government had to be far right-wing alternative Canada has office, what has Chrétien more brutal than if similar efforts had faced since George Drew. Meanwhile, really done wrong? Few been made earlier. Critics claim that much of the English-speaking male prime ministers have had the crucial 1994 and 1995 budgets fit- proletariat likes Stockwell Day. ted Chrétien’s fiscal conservatism. Few longer experience of still claim that the effort was unneces- hrétien has been lucky. His politi- government or used it to sary. An unexpected irony of the 1990s C cal opposition was feeble and better effect. Those who has been the fading of the democratic divided. Canada’s economy headed blame him for the photo- left at a time when its constituency, the into a cyclical revival. The nineties working poor, has been brutalized by brought few distracting issues; even the finish referendum result in public policies. One reason is that too photo-finish conclusion to the 1995 Quebec in 1995 are often many of those Canadians were per- Quebec referendum was so unexpected the same people who suaded that NDP-style spending was in Ottawa that it barely distorted gov- sabotaged earlier irresponsible. In a decade when living ernment priorities. Luck is no crime; it standards for most Canadians declined, worked for Laurier and St-Laurent. attempts to win hearts working conditions deteriorated and Luck, said Napoleon, was the only and minds in Quebec.

8 OPTIONS POLITIQUES NOVEMBRE 2000 The Chrétien legacy imposing their views, from But many of them are attracted to the al” government on offer to Canadians. Mulroney’s Free Trade deal to Alliance. Martin is also the hope of During seven years in office, what has Chrétien’s anti-deficit priority, Liberal backbenchers who want to be Chrétien really done wrong? Few Canada’s elites now claim the right to ministers. The rest of us wonder about prime ministers have had longer expe- dictate Ottawa’s spending priorities. Paul Martin’s real beliefs and talent. rience of government or used it to bet- Their demands are predictable: drastic No one really knows and, as a ter effect. Those who blame him for cuts to their corporate and income Chrétien minister, Martin cannot the photo-finish referendum result in tax. In support, they argue the need to come clean. The doubts remain, Quebec in 1995 are often the same attract foreign investors and stop the fuelled by memories of a close coun- people who sabotaged earlier attempts “brain drain.” If they care, why do terpart, John Turner. to win hearts and minds in Quebec. even Canadian corporations pay Alliance leader Stockwell Day is a Referendum polling showed that lower wages here for our “best and more obvious alternative. No one else Chrétien’s last minute intervention brightest” than they do in their US could win the next election In a par- saved a vanishing federalist lead, while subsidiaries. And, as Stockwell Day liament of minorities, Day could buy the huge NO rally almost wiped it out. discovered last September when he up the Bloc by letting them manage Denounced by the Bloc and Tories, momentarily threatened the GST, con- Quebec patronage, form a govern- Chrétien’s controversial Clarity Bill sumption taxes like the GST are ment, and prove himself in power. But resolved some necessary issues if another matter. first Day has some growing to do. So Canada and Quebec want to negotiate Chrétien has faults. His cabinet far, the Alliance leader remains a rather than fight. Currently, most lacks talent and years of “hollowing provincial politician. Oil-rich Alberta Canadians enjoy a fairly durable pros- out,” and income stagnation have in on the way to displacing Ontario as perity at home and respect abroad. undermined bureaucratic quality too, the hated fat-cat of Confederation. Only the US dollar is currently as the HRDC job grants scandal and Day preaches the “Alberta Advantage” stronger than Canada’s loonie. the fumbling DFO response to but its prerequisite is not sound fami- But Chrétien has lost entertain- Miq’mah fishermen in Mirimachi Bay ly values but large and accessible ment value. Must politicians enter- revealed this year. This is the prime reserves of oil and gas. Provincial tain? Mussolini certainly did. So did minister’s business. Oddly, these are politicians, however fit and photogen- Hitler and, if you enjoy standing in the not the issues that threaten Chrétien’s ic, have done poorly in federal poli- hot sun, so does Fidel Castro. prospects. Countless conversations tics. They are, to put it politely, Mackenzie King did not. He thought suggest that the prime minister’s per- “provincial.” voters could amuse themselves. King sonality has started to annoy Given the choices, voters should still looks pretty good. Canadian vot- Canadians. Some elements are not look again at the “little guy from ers may disagree but being experienced new. Chrétien’s combativeness, reflect- Shawinigan.” Yes, Jean Chrétien has and predictable should not constitute ed in the OPEC pepper-spray episode been in government for a third of a grounds for dismissal. in Vancouver and recorded on film century and more. He has few surpris- when he grabbed Bill Clemmett, dates es. He is no media wizard. He works Desmond Morton is the author of A Short back to his youthful scrapping in La best in a small group. Other “little History of Canada, among many other Mauricie. Quebec’s opinion leaders guys” in Shawinigan may have done books, and the Director of McGill have resented Chrétien’s strangled too well by knowing him. University’s Institute for the Study of syntax long before he fought sepa- But Chrétien runs the only “liber- Canada. He is a member of IRPP’s board. ratists in 1980 or helped trash the Meech Lake Accord. Chrétien’s person- A populist pragmatist The Liberals hadn’t been led by a populist since ality played better with English-speak- Wilfrid Laurier. King had been a sober bureaucrat, St. Laurent had been an estab- ing Canadians but it is wearing out. A lishment lawyer, Pearson had been a distinguished diplomat and Trudeau had lot of Canadians, most of them been a sophisticated intellectual. Suddenly there was a populist on the scene Liberals, would rejoice if Jean Chrétien defending the Liberal heritage and appealing to “Main Street, not Bay Street.” suddenly chose to enjoy old age and The Liberal Party is basically an alliance of three groups: moderate anglo- his discreetly earned fortune. We are phones, French Canadians and new Canadians who feel comfortable in and bored with him. grateful to the Liberal Party. In essence, to be a Liberal is to be middle-of-the- road. Liberal roots are in the pragmatic, free-market philosophy of the nine- ow serious is his offence? It teenth century, but over the course of a hundred years the party also became H depends on the alternatives. the guardian of a social vision. Finance Minister Paul Martin has spe- cial appeal to those who prospered in Jean CHRÉTIEN, Straight from the Heart, 1985 the 1990s and want to do even better.

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token, the fact that Paul Martin met THE MANAGERIAL PRIME with success had a great deal to do with Jean Chrétien. It was Chrétien himself MINISTER who said that “a minister is just anoth- er advisor to the prime minister.” And Donald Savoie he meant it. Chrétien had to sign off on “all” program review decisions before they could be implemented. He had the final say on all spending cuts ean Chrétien once described the By the early 1990s, Canadians and the buck stopped in his in-basket, art of politics as “a survival game longed for a political leader interested not in Cabinet or in the office of the J played under the glare of lights.” in more mundane issues, who would minister of finance. Ministers soon “You must,” he said “walk with your deal with the problems of the day. It learned that Chrétien would stand firm back to the wall and keep your elbows will be recalled that Canada, as the on spending cuts. The result: 50,000 high.” Those are the words of a prag- Wall Street Journal observed, was about positions in the federal government matist, not an ideologue. And, indeed, to hit the “debt wall.” Hardly a mun- were cut; over $30 billion in program historians will look back to the dane issue, and one that required dif- cuts were made and by 1997 program Chrétien years to discover precious lit- ficult political decisions and an ability spending was reduced to 13 per cent of tle in the way of a vision for the coun- to make them stick. Creativity, the GDP, the lowest level since 1951. try, or of a goal which captured the charting of new territory, or the artic- Without doubt, Chrétien’s most imagination of Canadians. Nor will ulation of a new sense of the country significant legacy will be that he got they find any serious attempt to were not now a preoccupation of Canada’s fiscal house in order. The reform the country’s political and Canadians. What Canada needed in 1995 budget, the program review exer- administrative institutions. the early 1990s was a political leader cise, and his willingness to make tough No, the language of the Chrétien who knew government operations, political decisions are remarkable era has never been about vision or a who was comfortable with the levers achievements in their own right. The proper role for government in society. of power and who could make tough program review also challenged the It has instead simply served to articu- political and financial decisions. federal public service in ways it had late plan A or plan B—responding to Come-the-moment-come-the-man: not experienced since the Second the important issues of the day, such as Chrétien rose to the challenge. World War. It has been structured national unity and health care, when around five questions: they surfaced. In brief, the Chrétien ike all strong managers, he quickly 1) Does the program continue to era has been managerial both in tone L moved to streamline decision- serve a public interest? and substance. Managers are much making in Ottawa. Impatient with 2) Is there a legitimate role for more comfortable with fallback posi- elaborate policy planning processes government in this program? tions than with expressing strongly and the cumbersome machinery of 3) Is the current role of the federal held views. Politicians with the mana- government, he abolished several government appropriate, or is the pro- gerial mindset thus avoid bold initia- long-standing Cabinet committees, gram a candidate for realignment with tives or attempts to lead the country in strengthened his hand and those of his the provinces? redefining itself or in exploring new advisors on the levers of power and relationships between the regions or demonstrated, like all solid managers, What Canada needed in between citizens and the political and that he could stand the heat. There is administrative classes. no denying that he made a number of the early 1990s was a This is not to suggest for a tough decisions. political leader who knew moment that ideologues promoting a Those who give Paul Martin the government operations, particular vision of a country are credit for repairing Ottawa’s balance who was comfortable inherently superior to political man- sheet do not understand how Ottawa agers. It is often said that in a democ- works. A minister of finance can only with the levers of power racy the people are never wrong. be as good as the prime minister allows and who could make Canadians probably had their fill of him to be. The reason Michael Wilson tough political and heady visions and strongly held views had only limited success in bringing financial decisions. with Trudeau and of Canadian federal- down the federal deficit during his ism and political bombast and bold tenure as minister had a great deal to Come-the-moment-come- policy measures—free trade and the do with Brian Mulroney and very little the-man: Chrétien rose GST—with Mulroney. to do with his own efforts. By the same to the challenge.

10 OPTIONS POLITIQUES NOVEMBRE 2000 The Chrétien legacy

4) What activities should or could pledged to fix the “UI” problem for the country’s institutions. His agenda be transferred to the private or volun- Atlantic Canada—while a few years has been driven by managerial deci- tary sector? ago he was adamant that cuts to UI sions on the fiscal side and a sprin- 5) If the program continues, how resulting from the program review kling of high-profile initiatives, from could its efficiency be improved? Is the exercise had not just been about sav- the Millennium Fund to the package of programs and activities ing money, but had been in the eco- Foundation for Innovation. And these affordable within the fiscal restraint? If nomic interests of Atlantic Canada. were not born out of a vision of the not, what programs or activities Political managers, it seems, deal with country or a coherent set of policy should be abandoned? the moment, the task at hand. When principles or positions. Rather, they These questions, Chrétien health care appeared to become a stemmed from specific files or sugges- explained, made business sense and potential election issue, Chrétien tions with strong political appeal. they would continue to be appropriate called a first ministers’ meeting and in the post-deficit era to guide govern- struck a deal with the provinces. The Chrétien will leave a ment policy and decision making. deal was not what he had initially number of important, sought; it was his fallback position. o sooner was the deficit dealt His ability to focus on a single file is longer term and more N with, however, than Chrétien as strong as is his weakness in dealing complicated issues himself betrayed the new approach. with the broad picture. unattended. When it Without consulting even his own comes to the more difficult Cabinet, he announced the govern- hrétien’s legacy thus will centre ment’s main millennium project: a C on his success in repairing political issues such as $2.5 billion Canada Millennium Ottawa’s balance sheet, on his putting national unity and how Scholarship Foundation. He has yet to some order in government operations Canada’s regions relate to explain how this project squares with and on his not shying from tough one another, he has not question number three: Is the current political decisions when he has to. He role of the federal government appro- will, however, leave a number of been able to step out of priate, or is the program a candidate important, longer term and more the Trudeau paradigm. for realignment with the provinces? complicated issues unattended. When The job of managers, in Chrétien’s it comes to the more difficult political In the long run, the price to pay political world, is to make decisions: issues such as national unity and how for this neglect could well be very high. Whether they add up to a strategy or Canada’s regions relate to one anoth- While Ottawa simply sits on the side- remain coherent from one decision to er, he has not been able to step out of line, Canada’s regions are already busy another appears to be beside the point. the Trudeau paradigm. And history redefining their relations with one Chrétien takes great pride in his will show that, much like Trudeau and another and with regions south of the ability to deal with the task at hand, Mulroney, he was a prime minister for border. Canada is being led by eco- to keep his “in” and “out” baskets in Ontario and Quebec, never quite able nomic forces and political events out- check, to delegate issues that ought to (or willing) to understand the con- side the country, not by a prime minis- be delegated and deal squarely with cerns and aspirations of Western and ter and a government pointing the way those that belong in his office. Atlantic Canada. ahead. In brief, the downside of a man- Chrétien, like all good managers, Being a managerial prime minis- agerial prime minister is that complex knows intuitively which decisions ter, Chrétien has yet even to see the issues that are harder to grasp than are need to be made and which problems need to initiate change, let alone to immediate tasks in hand are being solve themselves with time. His focus take the lead in reforming national, ignored. It may well be that as an anti- is on resolving major problems, one political, and administrative institu- dote to the Chrétien years, Canadians by one. He relishes making tough tions. The Senate, how judges are will insist that their next prime minis- decisions and dealing with specific appointed, how the federal public ter be more creative and willing to look issues of a sector, a region or even of service operates, the growing irrele- at the challenges confronting Canada, a constituency. For example, with a vance of the House of Commons, the given emerging and powerful political general election on the horizon and apparent inability of the less populous and economic trends. If that were the polls suggesting that his government regions to have much of a say in case, then Chrétien’s legacy would be needed to make up ground in Atlantic national policy-making and other fun- doubly impressive. Canada, Chrétien flew to Halifax a damental issues—these have all been few months ago to unveil over $700 left unattended. He has not sought to Donald J. Savoie holds the Clément- million of new money for the region’s make a significant impact on Cormier Chair in Economic Development economic development. He also Canadian society or in the workings of at l’Université de Moncton.

POLICY OPTIONS 11 NOVEMBER 2000 Comment a-t-il changé le Canada ?

time he took power. Within nine A MAN FOR HIS SEASON months, the unemployment rate start- ed dropping. Within two years, inter- Carol Goar est rates were headed sharply down- ward. By late 1996, the economy was on a roll. But it was Chrétien’s style that convinced Canadians to let down their iking Jean Chrétien is easy. There is something disarming about his guard. Without that attitude change, Liking his record is harder. I’ve awkward, unpretentious demeanour. the adjustments of the last seven years L been struggling with this World leaders invariably like him. His would have been much more difficult conundrum for most of my journalis- bad jokes and plain language seem to than they were. tic career. melt diplomatic ice. Even skeptics, who He could sell what Mulroney I first interviewed Chrétien in grimace during the Prime Minister’s could not. Under Chrétien’s direction, 1978 when he was attempting to make speeches and complain about his lack deficit-cutting evolved from a divisive his mark as the country’s first fran- of vision, find him personable. He radi- (and fruitless) budget ordeal into a cophone finance minister. He had ates good will. He lowers people’s anxi- widely supported national goal. In his agreed to meet me at his office at nine ety level. hands, the poisonous politics of free o’clock on a January morning. A severe trade gave way to a weary equanimity. blizzard hit Ottawa the previous night, hat may not sound like an He never quite managed to take the paralyzing the city. I awoke to radio T extraordinary attribute, but it was sting out of the GST, but he extricated reports of treacherous driving condi- exactly what the country needed in himself from his reckless promise to tions, cancellations and closures. I did- 1993. Brian Mulroney’s bold experi- scrap it without provoking a major n’t expect Chrétien to keep an ments in trade liberalization, tax backlash. appointment with a reporter, but I reform and constitutional change had Chrétien couldn’t have done what wasn’t going to stand him up so I left Canadians irritable and exhausted. he did without an exceptionally able struggled downtown. To compound the malaise, a two-year finance minister. It was Paul Martin My arrival prompted a snort of recession had flattened the economy. who persuaded Canadians to make the disbelief from the House of Commons Chrétien understood that voters sacrifices required to balance the budg- security guard, who curtly advised me wanted relief from turmoil and insecu- et. It was Martin who earned the to go home. I said I preferred to wait rity. But he also realized, or quickly respect of the business community and settled on a bench outside came to realize, that most of and international financiers. It was the Chrétien’s office. About 20 minutes Mulroney’s prescriptions were irre- finance minister’s ability to set a clear later, Chrétien bounded up the stairs, versible. So he set about making them objective and pursue it steadfastly that apologizing. His son’s school bus had palatable. gave the Chrétien government focus been cancelled, he explained, and he Fortuitous timing helped. The and direction in its first term. But didn’t think it would be fair to ask his economy was on the rebound by the Martin couldn’t have eliminated the driver to take Michel to school. So he’d delivered him himself, then driv- en to work. That picture of Chrétien—shaking the snow off his parka and looking rather pleased with himself—has stayed with me much longer than the substance of the interview. It comes to mind now as I ponder his legacy. By any conventional meas- ure, Chrétien’s term as prime minister has not been memorable: His policy achievements are modest; he is not a creative thinker; he hasn’t challenged Canadians to dream and dare; he has- n’t grown perceptibly in office. But he has a great gift for winning Canadian Press Picture Archive people over. Strangers warm to him. A great gift for winning people over

12 OPTIONS POLITIQUES NOVEMBRE 2000 The Chrétien legacy deficit as painlessly as he did without Chrétien decentralized the federa- Periods of consolidation without the Prime Minister’s unflinch- tion in ways that his Liberal prede- don’t get much attention ing support at the cabinet table and cessors would never have contem- in the life of a nation. Chrétien’s personal popularity. plated. He gave the provinces con- trol over job training, social hous- Historians prefer the eriods of consolidation don’t get ing, reform of medicare and early “collision of great ideas” of P much attention in the life of a childhood development. He agreed which Mulroney speaks so nation. Historians prefer the "collision that Ottawa would launch no new fondly. But people can only of great ideas" of which Mulroney social program without the consent speaks so fondly. But people can only of at least six provinces. He devel- be lectured, prodded and be lectured, prodded and told to shape oped a pattern of federal-provincial told to shape up for so long. up for so long. Eventually they need relations in which Ottawa handed Eventually they need time time to reflect and regain their faith in money to the provinces and left to reflect and regain their themselves. That is what Chrétien has them free to set their own goals and given Canadians. shape their own programs. faith in themselves. One can legitimately ask how long ● The environment fell off the nation- That is what Chrétien has these breathing spells should last. al agenda for all but the latest few given Canadians. Given the depth of public antipathy months of the Chrétien regime. toward Mulroney, a two- or three-year Without Ottawa to speak up for con- the poor and vulnerable be spared in break was probably reasonable. But it servation, sustainable development the battle to eliminate the deficit. has now been seven years and and less profligate energy use, The country drifted to the right Chrétien is still behaving more like a Canadians merrily guzzled gas and and Chrétien let it happen, partly healer than a leader. lost interest in green technologies. It because of his own innate conservatism A second more profound question was only when smog levels became and partly out of a desire to keep peace. is whether Chrétien’s go-with-the-flow intolerable and oil prices started to He will leave behind a Canada approach lulled Canadians into rise precipitously that the Liberals that has relinquished a significant accepting developments they ought to showed any interest in curbing pol- share of its sovereignty to be a player have questioned. Restful government lution. in the global economy; a nation is not always benign. Letting problems ● The gap between rich and poor whose historic east-west axis has solve themselves can be riskier than widened as never before, while given way to a north-south economic confronting them head-on. Chrétien pointed proudly to pull; a society that is more stratified The most obvious example is the Canada’s Number One standing in and competitive; and a government Quebec referendum. Taking their cue the United Nations human develop- that is less of an influence in people’s from the Prime Minister, federalists ment index as proof that all was well lives. It would have taken a strong- assumed they had nothing to fear in the land. Soothed by the Prime willed national leader to defy these when former Premier Jacques Parizeau Minister’s apparent lack of concern, forces. Chrétien was not that leader, announced on Sept. 11, 1995 that Canadians shrugged off their guilt nor did he sense any public appetite Quebecers would go to the polls in about homelessness, begging in the for high-stakes crusades. seven weeks to vote on independence. streets and the growth of an urban He read the mood of the nation Canadians paid scant attention to the underclass. well. He gave Canadians the kind of campaign. Two weeks before the vote, government they wanted for a unusu- it became obvious that Chrétien had t would be wrong to say that ally long time. He took things a step at miscalculated badly. Panic set in. The I Chrétien encouraged Canadians to a time, projected optimism and good federalists tried everything from a be less community-minded, less humour, allowed people to relax while statement of support from US respectful of the ecosystem, less egali- he took care of the country’s business. President Bill Clinton to a massive tarian. These trends were already The nineties would have been a much pro-Canada rally. They won by a hair’s underway when he took power. He more fretful decade, had Chrétien not breadth, but Chrétien could take little simply didn’t counteract them. He did- been at the helm. credit. n’t put up a strong fight when the He was the right Prime Minister In other areas of public policy, the provinces demanded control over for a certain season in Canadian poli- Prime Minister’s easygoing style com- most of the levers of social develop- tics. Voters will soon decide whether bined with Canadians’ contented dis- ment. He didn’t offer much resistance that season has come to an end. engagement has had a less visible, but when industry said it would be too probably more enduring, impact. expensive to join the fight against Carol Goar is editorial page editor of the ● With almost no public debate, global warming. He didn’t insist that Toronto Star.

POLICY OPTIONS 13 NOVEMBER 2000 Comment a-t-il changé le Canada ?

Les détails contenus dans la loi ne peuvent pas constituer un frein. Je DE LA VIEILLE POLITIQUE crois même que si Ottawa cherchait à mettre en application cette loi, celle-ci POLITICIENNE se retournerait contre lui (mais ce n’est pas le lieu pour débattre de C-20). Michel Venne Voici maintenant M. Chrétien, comme le vieux politicien dépassé qu’il est, qui cherche à acheter le patriotisme québécois en multipliant omment Jean Chrétien a-t-il risme, Jean Chrétien retire aujourd’hui les programmes, les subventions, les changé le Canada? Ma les bénéfices des politiques fiscales et bourses, les drapeaux. M. Chrétien a C réponse est simple: Jean économiques structurantes des années entrepris une futile et coûteuse tenta- Chrétien n’a pas changé le Canada Mulroney (cela dit sans vouloir tive de recolonisation du Québec. fondamentalement au cours des sept camoufler les errances du gouverne- Comme si on pouvait acheter les années écoulées depuis qu’il a été élu ment conservateur). Québécois avec des pacotilles comme premier ministre en 1993. on croyait pouvoir amadouer les Bien sûr, les finances publiques lus globalement, Jean Chrétien Amérindiens avec des miroirs au début fédérales ont été gérées avec plus de P préside aujourd’hui aux destinées de la colonie. rigueur qu’autrefois, ce que l’on doit d’un pays qui montre les mêmes Le voici d’ailleurs qui remet en principalement à Paul Martin, qui a lignes de fractures que lorsqu’il a pris question des acquis. Il y a à peine trois éliminé Brian Mulroney. le pouvoir en 1993. Le sentiment ans, il signait avec Lucien Bouchard un M. Chrétien n’a peut-être pas d’aliénation de l’Ouest canadien reste accord cédant au Québec la respon- changé le Canada mais il a, sur ces perceptible et audible à travers la voix sabilité de la formation de la main- questions, converti le Parti libéral, sans de Stockwell Day. Le Bloc québécois d’œuvre. Cette entente a permis de état d’âme. On se rappellera que celui- reste bien en selle au Québec. Des mettre fin au fouillis que représen- ci proposait en 1988, sous le leadership sondages récents montrent que taient la centaine de programmes de John Turner, de déchirer l’Accord de l’appui à la souveraineté est aussi élevé auparavant offerts par les deux gou- libre-échange avec les États-Unis, qu’au début de 1995. vernements en faisant du Québec le lequel devait ensuite s’étendre à La dynamique des relations seul dispensateur de services. Quelque l’ALENA. En 1993, Jean Chrétien fédérales-provinciales apparaît tout aussi 1000 fonctionnaires fédéraux ont été s’était lui-même engagé à abolir la TPS. laborieuse et incertaine, laissée à la intégrés à la fonction publique québé- Aucune politique adoptée par Jean merci des velléités fédérales et des néces- coise. Chrétien au cours des sept dernières sités électorales provinciales. L’Entente- Eh bien, Ottawa annonce main- années n’a pu avoir autant d’influence cadre sur l’union sociale n’a pas été mis tenant son intention de créer de nou- sur le Canada que la libéralisation du en pratique près de deux ans après son veaux programmes pour améliorer les commerce et l’ouverture des frontières adoption sans le Québec et s’avère de compétences des Canadiens, ce qui veut déclenchées par son prédécesseur. plus en plus inutile et inopérante. dire former la main-d’œuvre. Ottawa Dans la même veine, les libéraux La question du Québec, d’ailleurs, veut remettre du désordre dans ce qui ont prolongé l’œuvre conservatrice en reste irrésolue et Jean Chrétien, après était réglé. Tout le monde sait pourquoi réduisant encore les bénéfices de l’assu- être passé à un cheveu, en 1995, de per- M. Chrétien agit ainsi. Il a toujours con- rance-chômage pour réorienter ce pro- dre le pays, est enfermé plus que jamais sidéré ne pas avoir récolté de bénéfices gramme en faveur de mesures actives dans une logique du refus de la réalité. politiques de cet accord. Les Québécois favorisant le retour au travail. De même, Il croit, avec la loi C-20 dite sur la ne sont pas devenus moins ils ont continué de réduire les transferts clarté, avoir mis des bâtons dans les souverainistes pour ça. Alors il conclut aux provinces en matière de santé, roues des souverainistes. Mais la pre- qu’améliorer le fonctionnement du d’éducation post-secondaire et d’aide mière conséquence de cette loi est que fédéralisme n’est pas payant. sociale, jusqu’à ce que les vertes vallées les deux chambres du Parlement ont Aussi bien pour lui, se dit-il, des excédents budgétaires viennent admis que le Canada était divisible, revenir à la vieille politique des remplir les poches de Paul Martin. que le mouvement souverainiste annonces, des rubans et des chèques à Un peu comme Tony Blair au québécois est donc légitime et que le feuille d’érable. Il suffit, croit Jean Royaume-Uni, qui a préservé l’héritage Canada va négocier avec le Québec Chrétien, de faire pleuvoir les bienfaits fiscal et économique de Margaret dès qu’une majorité claire à une ques- fédéraux sur une population pour Thatcher tout en promettant de sous- tion claire aura voté en faveur de la obtenir son allégeance. De la vieille traire les Britanniques du thatché- souveraineté. politique politicienne.

14 OPTIONS POLITIQUES NOVEMBRE 2000 The Chrétien legacy

i en matière économique et fiscale, sens du pouvoir de l’État sur les pouvoir réel d’initiative. Le conseil S la comparaison avec Tony Blair est citoyens. Ils se méfient du faste et du privé est tout puissant. Le chef du gou- soutenable, en matière constitution- clinquant. Ils ne tolèreraient pas les vernement nomme les sénateurs qui nelle, la différence saute aux yeux. dépenses somptueuses pour des visites sont censés former un contre-pouvoir Tandis que Jean Chrétien est resté dans à l’étranger. M. Chrétien n’a pas dans l’appareil institutionnel, mais le camp du refus et n’est capable d’en- encore compris que le combat natio- c’est un contre-pouvoir qui se révèle visager pour le Canada qu’un régime naliste et souverainiste québécois est faible et qui est ignoré. Il nomme les uninational, qui nie l’existence d’une avant tout une question d’identité, de juges de la Cour suprême. Il nomme nation québécoise en son sein, Tony reconnaissance et de capacité à se gou- tous les officiers de l’État fédéral. Dans Blair, lui, a permis la refondation d’un verner soi-même. le monde d’aujourd’hui, ce type de parlement en Écosse et au Pays de M. Chrétien, dont la carrière poli- fonctionnement dans lequel les con- Galles. Depuis, le mouvement indépen- tique a décidémment été trop longue, tre-pouvoirs sont inopérants n’est plus dantiste écossais est sur les freins. car il nuit aux siens aujourd’hui au lieu accepté nulle part, sauf dans les Il est vrai que les deux situations ne de les aider, n’a pas compris non plus anciennes dictatures qui n’ont pas sont pas parfaitement comparables. que la mondialisation avait des con- encore terminé leur conversion à la Mais les sondages au Québec indiquent séquences et des répercussions sur les démocratie. Le Canada fonctionne bien que la majorité de la population se sociétés de bien d’autres natures suivant des principes quasi-impériaux. rangerait derrière une nouvelle configu- qu’économique. La mondialisation De plus, son système électoral uni- ration fédérale dans laquelle le Québec n’entraîne pas seulement le libre- nominal à un tour ne reflète plus l’état se verrait reconnaître un statut particu- fractionné de la communauté poli- lier. Jean Chrétien est incapable de Ce premier ministre n’a tique canadienne et ne permet plus même réfléchir en ces termes. Il est resté pas donné au Canada l’alternance du pouvoir à Ottawa. Les figé dans la vision trudeauesque du partis politiques sont financés par les Canada, pays qui ne reconnaît que l’impulsion qu’il lui faut grandes entreprises et les grands syndi- l’égalité des individus entre eux, niant pour traverser le XXIe cats. Le Parti libéral du Canada en par- leur appartenance culturelle et his- siècle, comme il voudrait ticulier, le parti de M. Chrétien, est une torique. Mais comme Jean Chrétien est pourtant qu’on le croit. machine à organiser les élections et moins intelligent que Pierre Trudeau, il rien d’autre. Le débat y est inexistant. est incapable d’adapter cette vision aux Il a surfé sur l’héritage de L’innovation y est absente. temps d’aujourd’hui et de la rendre con- Pierre Trudeau. Il s’est Bien entendu, la gouverne de Jean forme aux aspirations de la nation dont laissé porté par l’héritage Chrétien n’est pas un échec complet, il est pourtant issu mais qu’il n’a jamais de Brian Mulroney. sinon il y aurait eu quelques émeutes comprise. dans les rues. Mais ce premier ministre Je relisais récemment cette cita- Et pour le reste, s’est n’a pas donné au Canada l’impulsion tion de Jean Chrétien, qui date d’avril borné à gouverner à la qu’il lui faut pour traverser le XXIe siè- 1982 : «La grande ambition de nos petite semaine, suivant cle, comme il voudrait pourtant qu’on bourgeois québécois, celle d’avoir des ses réflexes d’homme le croit. Il a surfé sur l’héritage de ambassadeurs du Québec dans des Pierre Trudeau. Il s’est laissé porté par Cadillac à l’étranger avec un drapeau d’une époque révolue. l’héritage de Brian Mulroney. Et pour de la province sur le capot [Ailleurs, le reste, s’est borné à gouverner à la Chrétien avait parlé d’un flag échange, le virage technologique, la petite semaine, suivant ses réflexes sul’hood], ce n’est pas l’ambition des révolution du savoir et de l’éducation. d’homme d’une époque révolue. Québécois. C’est bon pour les gars de La mondialisation éveille les identités Alors qu’est-ce que l’histoire retien- la Grande-Allée à Québec. Mais ce nationales, offre aux petites nations la dra de lui ? Qu’il a failli perdre le Canada n’est pas l’ambition du Québécois possibilité de se gouverner elles-mêmes en 1995 ? Qu’il a fait adopter une loi (C- moyen qui va se baigner dans le Maine dès qu’elles appartiennent à un grand 20) qui reconnaissait la légitimité de la l’été, qui va en Floride en hiver et qui marché. La mondialisation pose aussi souveraineté du Québec et l’obligation mange des hot-dogs au base-ball ». de nouvelles exigences en termes de de négocier du Canada en cas d’un oui Outre le mépris affiché par démocratie. Or à ce chapitre, Jean majoritaire lors d’un référendum? Chrétien pour l’homme ordinaire du Chrétien n’a vraiment rien changé. Aucune réalisation majeure ne vient à Québec, cette déclaration montre bien Les institutions démocratiques de l’esprit qui aura marqué l’histoire au comment cet homme est déconnecté ce pays sont inefficaces. Le premier cours de ces sept années au pouvoir. des siens. En réalité, c’est bien le con- ministre, véritable monarque élu, traire qui est vrai. Les Québécois se règne en maître absolu sur le pouvoir Michel Venne est rédacteur en chef adjoint méfient de l’étatisme entendu dans le exécutif, ses ministres n’ayant aucun au journal Le Devoir, Montréal.

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is no wonder Chrétien has won himself ’SHUT UP!’ CHRÉTIEN a reputation for talking to imaginary homeless people. They can be counted IN POWER on not to ask and never to tell. Liberal partisans would retort that cabinet ministers such as John Manley Peter Stockland and Paul Martin have taken the above issues very seriously. But even granting that only amplifies the extent to hut up,” he explained. The posed its 20 questions on Quebec prior which the Prime Minister himself has palooka’s scowl on Jean to the referendum, the Prime stubbornly stopped his ears to the best ‘S Chrétien’s haggard face made Minister’s response was to attack ideas of his senior colleagues. it clear he expected the elucidation to Preston Manning for causing trouble be accepted without argument. by mentioning the unmentionable. anadians are now seven years, It was December of 1990. We were Had he been willing to answer C and a looming third election day, sitting in a fish-and-chips shop in an those questions, Chrétien might have into the Chrétien era. We are past the icy village waiting for Chrétien to stage been spared breaking down in tears point in the Mulroney mandate when a by-election comeback in the New before his caucus as it appeared the the Tories had presented the country Brunswick riding of Beauséjour. I had referendum—and Canada—were on with such major initiatives as imple- been asking, in my mildly persistent the edge of slipping away. menting transportation deregulation, manner, how the new Liberal leader In the end, his Liberals were dismantling statist energy policies, would explain to his fellow Quebecers obliged to borrow the spirit of signing two free trade agreements and his embrace of then Newfoundland Reform’s 20 questions anyway by pro- overhauling consumption taxes by Premier Clyde Wells on the conven- ceeding with Plan B, the Supreme replacing the old manufacturers’ sales tion stage in Calgary only a few Court reference on separation, and the tax with the GST. And let’s not forget months earlier. Clarity Act. the Tories also crafted two critical, The question seemed pertinent. Borrowing becomes politically albeit failed constitutional accords Quebec was still boiling over the essential, of course, when it becomes during that time. Wells-inspired defeat of the Meech clear that you haven’t a shred of an With all that groundwork laid, Lake constitutional accord. Sooner or idea of your own. The old advice Chrétien has yet been unable to reduce later, Chrétien would have to run, not about remaining silent and being the onerous tax burden of Canadians only as an MP, but also as a potential thought a fool rather than speaking in any meaningful way. Despite bene- prime minister in his home province. up and removing all doubt only fiting from Tory economic polices that Relevant or not, he was in no works for so long in a parliamentary he belittled in opposition, then mood to be pressed. “Just shut up system that features a daily question retained once in office, the prime min- about it,” he snapped. “Shut up.” period. ister has done next to nothing about a Canadians who have experienced During his years as a Liberal cabi- federal debt so huge it would stop up Chrétien only as a pixilated pygmy on net minister, Chrétien surfed on Pierre their TV screens—or in some gormless Trudeau’s intellect and ideology. From pose on the front page of the newspa- 1993 to the present, he has let the per—have no idea how hard-assed and economy cruise on the policies imple- intimidating he can be in person. I mented by the Mulroney government took the hint. I shut up. at ferocious political cost to the Tory Yet the moment stuck in my mem- party. ory as a measure of how Jean Chrétien When it comes to finding fresh handles those who irk him, and of his problems for which his predecessors approach to governing in general. failed to leave detailed solutions, how- ever, Chrétien has traditionally revert- ertainly his 1995 referendum ed to the truculence he displayed in C strategy of sealing political lips to that Beauséjour fish and chip shop. make the separatist bogey men go Brain drain? Stop talking about it. away demonstrated the disastrous Lagging productivity? Don’t extent to which he was prepared to worry—be quiet. shut up rather than put up. Tax cuts? Just shut up about it. CP Picture Archive Indeed, when the Reform Party The mischievous might remark it Jean Chrétien, 2000

16 OPTIONS POLITIQUES NOVEMBRE 2000 The Chrétien legacy the mouth of Aladdin’s cave were it to get program spending under con- Assuming the Prime Minister piled in one place at one time. trol from 1988 to 1993. They at least makes even partially good on this While Alberta, for example, left things poised for a major assault promise to further the work of the paved the way throughout the on what Ottawa owes. man who attracted Fidel Castro to his 1990s in demonstrating how to pay Far from following through, funeral, it is virtually guaranteed that down debt fast, furiously and for Chrétien’s two terms have been char- voices of restraint in the Liberal caucus good, the Chrétien years have been acterized by a state of denial in which will be weakened beyond their already spent on cruise control as far as he adopted a bizarre policy of spend- timorous state. Finance Minister Paul reducing our legacy of overspending ing 50 per cent of so-called surpluses Martin can be counted on to simply is concerned. before addressing the debt. How it is shut up and/or go away. Without It is a legacy that attaches to Jean possible to have fresh cash for spend- Martin as their standard bearer, others Chrétien as much as any other indi- ing when you are still paying out $40 will likely follow his lead. That’s the vidual Canadian politician. He was, billion a year for interest on way intimidation works. after all, Pierre Trudeau’s finance min- untouched debt is a question the With a third electoral mandate in ister during the wild spending days Prime Minister prefers not to discuss. hand, and his more persistent internal from 1976 to 1979. Those who make critics out the door, the prime minister much of the fact the Liberals left here is real reason for concern will consider himself the quintessen- “only” about $180 billion of the cur- T about his silence. In the emotion- tial political victor. History, however, rent $565 billion federal debt conve- al aftermath of Pierre Trudeau’s death, will judge. My gut feeling is that when niently forget the effects of com- Chrétien vowed that he would hence- it does, it will insist that Jean Chrétien pound interest. While it is true the forth be driven to fulfill his former has some explaining to do. Mulroney Tories failed miserably to leader’s vision for the country. To par- impose serious budget cuts in their aphrase the immortal Mr. Rogers: “Can Peter Stockland is the editor of the 1984 to 1988 term, they did manage you say ohmigod”? Montreal Gazette.

was too frequently upset by change, COMPETENCE, CALM much of it unnecessary and therefore disastrous. More to the point, the gov- AND CLARITY ernments of Pierre Trudeau and Brian Mulroney put “peace, order, and good David J. Bercuson government,” especially good govern- ment, second to their particular visions of social and political engineering. The most important aim for any Canadian government is good admin- easuring a Canadian prime ardent CCF supporter F. R. Scott. istration—taking care of the nation’s minister’s legacy is no easy Mackenzie King’s real sin, though, was business—no matter what its other pri- M thing. This is a nation that not that he left the nation unchanged orities. Jean Chrétien’s most important has historically rejected leaders who —far from it—but that he had scooped legacy is, therefore, that he tried to have tried to change the nation too the CCF in doing it! give Canadians a break from the never- much as well as those who have Jean Chrétien has left a mark on ending constitutional wars before it attempted too little or nothing at all. Canada in the seven years since he was was too late. He largely succeeded. He Canadian history is strewn with the first elected prime minister, though in also gave Finance Minister Paul Martin wreckage of governments (such as that no way can the pace of change (or the a broad mandate to fix the nation’s of Wilfrid Laurier in 1911) which tried sweep of it) be compared to that of his business, to cure the deficit disease, to to lead Canadian voters from too far two significant predecessors Pierre place the federal fiscal house in order, out in front. Then, on the other side of Trudeau and Brian Mulroney. to return the nation to prosperity and the coin, there is the harsh judgment Nevertheless, an argument can be made the economy to strength. And that has passed on William Lyon Mackenzie that the last thing Canada needed in also been accomplished. Of course King by a generation of left-wing intel- 1993 was rapid and sweeping change of opponents of the Chrétien govern- lectuals who whined that he had not any kind. From the time of Trudeau’s ment claim that the nation’s current done enough. He “never did anything last government (1980-1984) until the excellent economic performance is by halves that he could do by quar- wrenching Charlottetown Accord refer- purely the result of a booming US ters,” wrote McGill law professor and endum of 1992, national tranquility economy. Does anyone expect the

POLICY OPTIONS 17 NOVEMBER 2000 Comment a-t-il changé le Canada ?

institutional opponents of the govern- successor, Pierre Trudeau, also refused reference case and the Clarity Bill have ment to give it credit for good news? to question either the constitutionality been criticized in some quarters as What Chrétien’s detractors fail to or the political legitimacy of secession. legitimizing secession, but this criti- point out, however, is that Brian Trudeau’s very participation in the cism is the bleating of those who must Mulroney’s eight years in office coincid- 1980 Quebec Referendum gave that ever find fault with anything this gov- ed with a major rebound in the US exercise a sort of legitimacy and set the ernment does. What the Clarity Bill economy and the beginning of a pro- stage for the near disaster of 1995. Jean has accomplished is to guarantee that longed boom. He, like Chrétien, gov- Chrétien is often accused of compla- Quebec UDI will be a disastrous failure. erned at a time of US prosperity but he cency during the 1995 referendum, With the Clarity legislation now in and his finance minister Michael but the groundwork for that compla- place, neither the United States nor Wilson, never had the political will to cency was laid by Pearson and any member state of the European tackle government overspending, to Trudeau, and by Brian Mulroney who Union will recognize a secession that is really cut back the size of the federal can take credit for being the first leader not sanctioned by a peaceful and legit- government. They managed the econo- of the federal government to also use imate Canadian constitutional process my so badly that Canada did not share the threat of secession. He did that and ultimately by the Canadian in the US boom of that period. Chrétien when he tried to force his Meech Lake national government itself. The myth did not initiate the current trend in Accord on the nation. By the time Jean of Quebec’s “right” to “self-determina- Ottawa and the provinces to wrestle Chrétien came to power in 1993, vir- tion” has been shattered; not even deficits to the ground, to tackle net tually no one in high office in Ottawa Pierre Trudeau accomplished that. debt, and to give taxpayers a break. But or any of the provinces dared to sug- Ottawa’s wholesale adoption of those gest that Quebeckers did not have an n balance, then, Jean Chrétien objectives has effectively removed the unfettered right to so-called “self- O cannot be said to have changed idea that the nation needs prudent gov- Canada very much. The last seven ernment management from the realm years have not produced a constitu- of political debate. With the exception The last thing Canada tional patriation or a Charter of Rights of the trade-union dominated govern- needed in 1993 was rapid and Freedoms, nor have they given the ment of British Columbia, no serious and sweeping change of nation free trade with the United Canadian politician, federal or provin- any kind. From the time of States. On the other hand, the nation cial, will survive today by advocating has not been rocked to its foundations the spending policies of the 1980s. Trudeau’s last government by a Meech Lake Accord or a (1980-1984) until the Charlottetown Referendum. The hrétien has also left his mark on wrenching Charlottetown Chrétien years have been years of rela- C the nation with the Clarity Bill, Accord referendum of 1992, tive constitutional tranquility, prudent which may turn out to be the most financial management, and unprece- important constitutional weapon national tranquility was too dented growth and prosperity. None of against separatism ever devised by a frequently upset by change, these positive conditions has come national government. much of it unnecessary and about by accident—any more than the Consider the long and sorry tale of therefore disastrous. negative developments which have Ottawa’s responses to the threat of befallen this government, such as the Quebec separation. Lester Pearson was HRDC scandal or the completely the first to face that threat when it was determination,” to dismantle the unjustified suppression of the APEC uttered by Quebec Premier Daniel nation as we know it by simple major- protestors, were simple misfortune. Johnson in the late 1960s. Johnson ity vote of a referendum wholly organ- Jean Chrétien will never go down declared his aim to be the constitution- ized, financed, and administered by in the history books as a great or al equality of Quebec with English- the government of Quebec. Indeed the inspiring Canadian leader. But he will speaking Canada; the institutionaliza- Mulroney-led Tories had specifically surely be recognized for what he has tion of the “two nations” theory of endorsed that very idea. generally been—a competent politi- Confederation. Egalité ou indépendence, That has changed forever with the cal leader who at least recognized he declared, becoming the first of a Clarity Bill. The revelations which that the country badly needed a long line of Quebec leaders to use the emerged in the months following the break from leaders who aspired to threat of secession to back demands for 1995 referendum—that Jacques greatness no matter the cost to special constitutional status for Quebec. Parizeau was on the verge of a unilat- national stability. Lester Pearson blithely treated eral declaration of independence— Johnson’s threat of secession as just shocked Chrétien into action. The David Bercuson is Professor of History at another rhetorical flourish. Pearson’s resultant Supreme Court of Canada the University of Calgary.

18 OPTIONS POLITIQUES NOVEMBRE 2000 The Chrétien legacy

non-structural confederal issues, and the resultant practical legacy in terms LEGACY OF A of systemic linkage is substantially broader and more compelling. The MIDDLEWEIGHT Social Union Framework Agreement Hugh Segal signed in 1999 between Ottawa and the nine provinces, and the territories, while not Ottawa’s idea, deserves favorable note. While the genesis of this “rules of the road” on social poli- he core problem with some the Chrétien response stands in stark cy principles and interaction essential- parts of the Chrétien legacy contrast to the Trudeau approach in ly emanated from a working group of T became apparent during the 1980. Despite the intellectual rigor and social policy ministers (co-chaired by recent robust reflection on the Trudeau blazing engagement of Prime Minister Ontario and Alberta), the result, which legacy. The genuine and remarkable Trudeau in 1980, other premiers were Ottawa helped partner and broker, was outpouring of emotion at the Right welcomed to the challenge of persuad- constructive. Honorable gentlemen’s passing was ing Quebec voters that a “no vote” was The ten-province, all-territory accompanied, as is often the case a step to cooperative constitutional Calgary declaration that led to SUFA when public figures pass away, by reforms. In 1995, not only did the fed- had constructive Ottawa engagement. some exaggeration of his personal eral government lack a strategy, it The Prime Minister’s office, the Privy political legacy. Canada gave Mr. lacked the foresight to have other pre- Council office and the senior mandar- Trudeau two relatively modest majori- miers engage. But for Jean Charest, inate were engaged fully on the Social ties, one defeat and one nail-biting and some intemperate Parizeau Union Framework Agreement. Canada is minority. The elements of his legacy remarks, the Chrétien legacy might stronger because of that agreement that remain durable and important well have been a sovereign Quebec. and Mr. Chrétien deserves his fair include the Charter of Rights and the The Prime Minister’s post referen- share of credit for it. Official Languages Act. In the case of dum response with resolutions on dis- the first, had moderate and progressive tinct society, regional vetoes, and the f the bad news is that, constitution- conservatives like Bill Davis and so called Clarity Act have contributed I ally, the Trudeau and Chrétien lega- Richard Hatfield not taken huge risks, to a sense that for federalists, constitu- cies are polar opposites, the good news the legacy would not have been. On tional change is now only a defensive is that their economic legacies are also the Official Languages Act, one could tactical game without the Trudeau at opposite poles. Where Trudeau spent, argue that Mr. Trudeau played to his vision. On the challenge of a more borrowed, expanded the state and cre- partisan political advantage, while confederal constitution, there is no ated the bulk of the post-war debt, Robert Stanfield was prepared to substantive legacy at all. building it to a level that made cascad- assume, and did in fact take, genuine In fairness, however, the record on ing debt servicing costs unmanageable, risks with his natural constituency in the Act’s defence. None of which diminishes the importance of both of these initiatives. But the robust ampli- fication by the Liberal establishment in Ottawa, the media and academe simply serve to underline the extent to which none of the above relates to the Chrétien legacy. On matters constitutional, the Chrétien government is in a sense at the opposite polarity from Trudeau. Where Trudeau sought to impose his non-collective individual rights super- structure on the country, Chrétien seems to have hoped the whole consti- tutional matter would simply not come up. When it did, as in the 1995 Canadian Press Picture Archive Quebec Referendum, the ineptness of That was then: Jean Chrétien, 1993

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Chrétien was far more responsible. ● The reinvestment of healthcare dollars precedence over the actual events in While many disagree with the way fis- ● The increase in pay and rations for Somalia. Here, and elsewhere Mr. cal change was financed through both our military Chrétien let senior ministers do what tax increases and transfer cuts to the ● The procurement of new equipment they should, which is take the heat for social policy obligations of the for the armed forces—however late unpopular decisions on occasion. provinces, fiscal rebalance was neces- and insufficient Voters re-elected the Liberals in 1997 sary and did take place. The legacy here I don’t know whether the Team (cashiering Minister Young, in New may well be the loyalty Prime Minister Canada expeditions were more sub- Brunswick, for Somalia and UI/EI rea- Chrétien showed to his minister of stantive in real terms than the excur- sons put together). Who says democ- finance—or perhaps to Mr. Martin’s sions appeared. At worst, they are sure- racy lacks surgical options? polices. Whichever it is, it is worthy of ly no more harmful than chicken The Chrétien foreign policy is a praise and note. Not all ministers of soup—and they may do some good. sort of trade-friendly, socially-con- finance have had that kind of support. And, in a general sense any initiative cerned, and human rights-light One need only reference Mr. Trudeau’s that takes first ministers, other minis- hodgepodge, executed by a complex mistreatment of Finance Minister ters, officials and business people weave of slightly overlapping and on Chrétien to understand how much occasion contradictory alliances and credit Prime Minister Chrétien deserves. Whatever the reason for it, international regimes. For the Prime Minister, for example, democracy’s f Prime Ministerial indecision and Liberal policy that is pro importance seems to vary from APEC I panic are to be criticized on the con- free trade, supportive of the (where dictators are OK) to NATO stitutional front, then the capacity to GST and not only compliant (where they are not) to the say one thing on free trade, NAFTA with NAFTA but supportive Commonwealth (where democracy and the GST before an election and do most of the time is de rigueur) to the quite the opposite after the election of hemispheric free trade francophonie (where dictatorship is should be applauded. In Canada’s is good public policy. tolerated). deeply managerial Liberal Consensus, It has contributed to fiscal The “flexibility” of our policy is when conservatives or socialists improvement, economic apparent. What we will not accept change direction post-election, it is from Nigeria we accept from China. because of the folly of ideology, growth and social Innocent Albanians mistreated? CF18’s incompetence or dishonesty; when progress—not all in are launched. Rwanda massacre? We Liberals do it, it is because they had no equal measure, but are victims of Security Council grid- managerial option. Be that as it may, these are improvements lock. What saves Mr. Chrétien here is the government is to be congratulated that greater powers, less dependent on for putting reality and common sense none the less. economic goodwill everywhere, are no ahead of blind adherence to electoral more principled! puffery. abroad and allows them to work Whatever the reason for it, Liberal together can’t be all bad. ecause of the signal importance of policy that is pro free trade, supportive B economic well being, and, the of the GST and not only compliant n the interest of Canada’s standing Chrétien government’s determination with NAFTA but supportive of hemi- I in the world, Mr. Chrétien has done to either stay out of the way or be spheric free trade is good public policy. little to offend but also little to essentially constructive, that part of It has contributed to fiscal improve- inspire. In foreign policy, beyond the the legacy is first rate. Whether the ment, economic growth and social laudable and important Axworthy Prime Minister wins or loses the next progress—not all in equal measure,but anti-mine agreement, there is again an election, for the average Canadian Mr. these are improvements none the less. opposite pole to Trudeau’s vision Chrétien’s period in office will be seen This is another part of the Chrétien thing. Our commitment to peacekeep- as one of economic expansion, tech- legacy that brings credit to him and to ing is still there—sort of—even if the nological progress and some signifi- his administration. complement and equipment neces- cant modernization of the scope and There are further examples of sary are not. Ending the Somalia technological structure of the compelling and important leadership: inquiry, while politically incorrect, Canadian economy. ● The new institutes of health research was made almost inevitable by the Where history is likely to be less ● The increase in medical research commissioners’ puzzling decision to kind—and to be fair, this may take funding acquiesce in the media’s self interest some time—is on the degree to which ● The chairs of excellence at Canadian in having Department of National both the short-term and long-term universities Defence rules on media relations take implications of the evolution of the

20 OPTIONS POLITIQUES NOVEMBRE 2000 The Chrétien legacy world economic order in a way that resource mobility seem strangely at risking casualties do not enhance this requires greater flexibility from odds with aggressive trade promotion government’s record and will look nation-states seem to have simply not and export initiatives. The integrity even worse in the years ahead. occurred to this Prime Minister. missing here is not in the meaning of One prominent Liberal once sug- Enhanced social, economic and honesty but coherence. The lack of it gested to me that these two partisan career mobility at home and abroad, has serious domestic and competitive gestures were a small price to pay for are survival tools in a global economic costs—not to mention being the cause sticking with the GST and NAFTA. framework; nationalism is far more of federal provincial tensions. Which raises the most interesting of serious a risk when it is misused to arti- Other long-term costs, arising future legacy questions: If the Liberals ficially preserve social and economic either from partisan excess or narrow- do decide to embrace the popular sup- opportunity. The examples here are ness of vision, will be with us for years port for some tax moderation, a posi- clear: the mishandling of the Air to come. The disaster at Pearson tion advanced recently by opposition Canada-Canadian issue; the failure to International Airport—where the proj- parties, there might have to be a parti- get a national securities regulatory ect is a decade late and at least three san quid to pay for that quo. What agreement, the missing of hemispher- times more expensive than the plan might it be? And what will it do the ic exchange rate opportunities, the underway when Chrétien took office, Chrétien legacy? obsession with federal vs. confederal and the unspeakable delay in Armed options; the weakness on addressing Forces helicopter procurement that Hugh Segal is President of the Institute for international trade and human diminishes our military capacity while Research on Public Policy.

d’œuvre connaît une vulnérabilité LE LEGS DE M. CHRÉTIEN : grandissante de sa condition, ce qui est source de désaffiliation sociale. Or, l’une des conséquences dramatiques PLUTÔT CHICHE QUE RICHE de cette situation est qu’un nombre Jocelyn Létourneau considérable d’enfants sont exclus des bénéfices potentiels de la croissance tout en inscrivant leur devenir person- nel dans des filières perdantes. Il s’agit là, sans l’ombre d’un doute, d’une ouverner est une activité diffi- dépenses de consommation sont en hypothèque pesant lourdement sur cile, voire périlleuse. Les con- hausse, le secteur immobilier pro- l’avenir du pays. G tingences de la vie en société gresse bien, le taux d’inflation est bas. À toutes fins utiles, le gouverne- sont à ce point nombreuses, sur- En fait, le pays profite largement de ment Chrétien a, depuis sept ans, lié prenantes et imprévisibles que le fac- l’expansion de l’économie américaine fermement l’évolution du pays à la teur chance est souvent celui qui fait la et de l’augmentation considérable du donne mondiale mais s’est montré différence entre une régulation revenu réel chez nos voisins du Sud. incapable de gérer les effets pervers heureuse et une gouvernance mal- Le Canada est à bord du train conti- découlant également de cet arrimage. heureuse. Cela dit, il est une attente que nental. C’est ce qui l’aiguillonne vers On a, à l’instar de ce qui s’est fait les citoyens d’un État sont en droit la prospérité. ailleurs en Occident, voire un peu d’avoir relativement à leurs décideurs. Il est cependant des faces moins partout sur la planète, favorisé les Celle-ci touche au legs qui leur est offert roses à la réalité canadienne. Ainsi, l’e- conditions d’implantation et de pour passer à l’avenir. Or, à cet égard, space économique national se frag- mobilité du capital à travers l’espace. force est d’admettre que l’héritage de M. mente en des zones fortes et en des Mais l’on ne s’est guère préoccupé de Chrétien, en tant que prima inter pares zones faibles qui évoluent selon des contenir les déséquilibres de toutes au sein du gouvernement, est plutôt rythmes de croissance et de natures engendrés par cette inféoda- chiche que riche. C’est ce dont on devra développement fort différenciés, ce tion de la société au pouvoir du capi- se souvenir au moment où le chef du qui n’est pas sans accroître les tal, inféodation, on le sait depuis Parti Libéral du Canada décidera de se déphasages économiques et sociaux longtemps, qui produit des problèmes retirer de la vie politique active. sur tout le territoire. Par ailleurs, bien au même rythme que de la richesse. que le taux de participation au marché En fait, la stratégie du gouvernement ertes, le Canada roule sur l’or de l’emploi soit relativement élevé Chrétien a d’abord été de copier les C depuis deux ou trois ans. La chez la population en âge de travailler, autres et de souscrire benoîtement au croissance économique est forte, les une partie significative de la main- mantra énoncé en 1985 par la

POLICY OPTIONS 21 NOVEMBER 2000 Comment a-t-il changé le Canada ?

Commission Macdonald : faire de la le Québec dans le paysage canadien, de M. Chrétien ne soit pas à la hauteur de société canadienne une société plus une disposition tout à fait porteuse cette complexité et de cette hétérogénéité concurrentielle dans l’ordre continen- pour envisager la possibilité d’un d’être du Canada. Le Premier ministre est tal et mondial. Au fond, le PLC n’a Canada sereinement réuni, le Premier un homme rigide qui fait rarement dans fait qu’inscrire sa gouverne dans la ministre, empêtré dans une rhétorique la subtilité. La flexibilité n’est pas une suite de ce que le gouvernement dépassée ne coïncidant absolument qualité qui l’attire alors même que le rac- Mulroney avait amorcé et défini pas avec l’état d’être de l’affirmation cordement des dissonances pour en faire précédemment. Au chapitre de la québécoise, ne réussit qu’à braquer ou des consonances provisoires n’a jamais régulation qu’il a endossé comme décourager ceux et celles qui cessé d’être au cœur de l’expérience his- Premier ministre, on ne peut pas dire voudraient passer à l’avenir. Son indé- torique canadienne. que M. Chrétien ait fait preuve d’un fectible assurance personnelle, qui n’a Il serait proprement ridicule de surcroît d’imagination. d’égal que le mépris qu’il semble laisser croire que le Canada n’est pas Le paradoxe de la situation éprouver à l’égard de toute idée qui ne un endroit enviable où naître et vivre actuelle tient au fait que, la conjonc- vient pas de lui, en fait un décideur sur la planète. Par sa gouverne, M. ture économique aidant, les adminis- qui l’éloigne des compromis négociés. Chrétien n’a certes pas ramené le pays trations publiques au Canada se Le cas échéant, c’est moins une vision à une situation globale indésirable. Il retrouvent avec des surplus budgé- originale d’ensemble du pays que la est clair toutefois qu’il existe au sein taires considérables. Cela est parti- perspective d’un gain politique parti- du Canada une demande diffuse, culièrement vrai pour le gouverne- san qui anime sa quête de solution. encore mal exprimée peut-être, mais ment fédéral. On ne sait toujours pas clairement présente, pour des change- comment les décideurs utiliseront Par sa gouverne, M. Chrétien ments auxquels le chef du PLC n’est cette manne providentielle. La pers- n’a certes pas ramené le pas à même de donner suite. Le pective d’une élection prochaine laisse Premier ministre n’a plus de crédit penser que M. Chrétien cherchera à pays à une situation globale personnel pour permettre au pays de contenter le plus d’électeurs possible. indésirable. Il est clair passer à l’avenir. Il s’est en pratique Il y aurait lieu pourtant d’inscrire le toutefois qu’il existe au sein révélé un mauvais fiduciaire du devenir du pays dans un horizon plus du Canada une demande principe de la société juste. Faute de long que celui qui tient à la volonté comprendre la dynamique actuelle du d’un politicien d’être réélu à la tête du diffuse, encore mal exprimée mouvement d’affirmation québécoise, pays pour un troisième mandat peut-être, mais clairement il a cherché à l’enrayer par l’entremise d’affilée. présente, pour des d’une démarche légale et juridique changements auxquels le qui, au fond, n’a rien réglé. Ses initia- ur le plan politique, au niveau de tives visant à renforcer l’emprise du chef du PLC n’est pas à S sa vision du pays notamment, le gouvernement fédéral sur la régula- chef du PLC a inscrit étroitement sa même de donner suite. tion publique au Canada ont été sou- démarche dans la suite de ce que son vent malhabiles sur le plan politique mentor Pierre Trudeau avait élaboré et Pour M. Chrétien, la formule du même si la finalité désirée était bonne. mis en place dans les années 1970. “meilleur pays du monde” est M. Chrétien aurait voulu être au dia- Plutôt que d’accueillir la diversité devenue une sorte d’emblème le pason de son père spirituel alors qu’il constitutive du pays et de renouer avec dédouanant de tout effort pour n’était que lui-même et que la situa- l’esprit de la canadianité, M. Chrétien accueillir le changement et l’incorpo- tion commandait de toute façon autre a cherché à imposer, d’un océan à rer à la problématique historique du chose que l’application simpliste du l’autre, cette vision ahistorique d’une pays. paradigme trudeauiste à la complica- canadienneté salutaire à construire. Certes, en pratique, le Canada arrive tion canadienne. Comme si la dissonance constitutive mal à fonctionner lorsque l’on tente d’en Plus que jamais, le Premier ministre du Canada était une source de nocivité assurer la gouverne à partir du principe apparaît comme un homme du passé et pour bâtir l’avenir. C’est plutôt le con- du plus petit dénominateur commun. une figure dépassée. Il aurait été traire qui est vrai. C’est pourquoi, derrière les rideaux de la préférable qu’il passe la main à un héri- Au Québec, M. Chrétien fait à peu scène politique, hors du champ d’é- tier d’avenir pour réactualiser dès à près l’unanimité contre sa personne. clairage des spots médiatiques, les présent la problématique canadienne Même chez les fédéralistes, il est perçu décideurs ne peuvent faire autrement que au lieu de s’enticher à embellir, pendant comme un obstacle à la réactualisa- de lâcher du lest pour “négocier l’impos- un autre mandat, l’emblème du pays. tion de la problématique canadienne. sible.” Le Canada est un pays complexe et Alors que les Québécois sont on ne inachevable comme projet unifié. À Jocelyn Létourneau est professeur d’his- peut plus ouverts à l’idée de (re)penser plusieurs égards, il semble que la pensée toire à l’Université Laval.

22 OPTIONS POLITIQUES NOVEMBRE 2000 The Chrétien legacy

rial confirmation process, while THE CHRÉTIEN COURT Canadian prime ministers simply announce their choice and wait for Christopher P. Manfredi the nominee to be sworn into office. To be sure, there is consultation with the minister of justice, other key min- he Supreme Court of Canada is icy. The Chrétien government, like its isters and senior advisors, but in the a political institution. It makes predecessors in the post-Charter era, end the appointment is the prime T policy not as an accidental has had to work in the long shadow minister’s to make. The discretionary byproduct of its legal function, but cast by the Court. authority to shape one of the princi- because its justices believe that certain pal institutions of Canadian govern- legal rules will be socially beneficial. ut the Court’s enhanced political ment constitutes an extraordinary The Charter of Rights and Freedoms B role provides opportunities as source of political power. increases the opportunity for judicial much as it imposes constraints. Jean Chrétien’s appointments to policy-making because it expands the Canadian prime ministers enjoy a the Supreme Court are thus one of the range of social and political issues sub- remarkable degree of freedom in most important legacies of his two ject to the Court’s jurisdiction. The selecting Supreme Court justices. terms in office. Four of the nine jus- Court’s two most recent decisions on Unlike US presidents, who must tices on the Court (Justices Bastarache, sexual orientation exemplify this phe- depend on the vicissitudes of nature Binnie, Arbour, and LeBel) currently nomenon. In each case the Court saw owe their appointments directly to a policy vacuum, used the Charter’s The Prime Minister’s him. In addition, Chief Justice Beverly equality rights section to assert juris- appointments to the McLachlin assumed that position dur- diction over it, and created a new pol- ing the Chrétien administration. icy to fill the perceived gap. No politi- Supreme Court are one Finally, should Mr. Chrétien win a cal retrospective is complete, therefore, of the most important third majority government, he will without considering the impact of the legacies of his two terms have the opportunity to make at least Court’s Charter jurisprudence on in office. Four of the nine two, and possibly three, additional national governance. appointments to replace Mulroney justices on the Court ... appointees Justices Claire L’Heureux- uring Jean Chrétien’s two terms currently owe their Dubé, Charles Gonthier, and John D in office, the Court continued to appointments directly to Major when each reaches mandatory display the activism it embraced dur- him ... By the end of what retirement age (in 2002, 2003 and ing the 1980s, when it abandoned the 2005, respectively). Thus, by the end cautious, even moribund approach to could be a third complete of what could be a third complete term rights under the 1960 Bill of Rights. term as prime minister, as prime minister, Chrétien appointees From 1993 to 1999 the Court issued Chrétien appointees would would occupy seven of nine seats on 195 Charter judgments, exactly the occupy seven of nine seats the Supreme Court. same number it had issued in the pre- ceding ten years. The success rate for on the Supreme Court. he importance of this legacy can be Charter claims during the Chrétien T gleaned from the decision-making years ranged from a low of 23 per cent to determine when the lifetime term behaviour of Mr. Chrétien’s sitting in 1993 to a high of 57 per cent in of a sitting justice ends, Canadian appointees. James Kelly of Brock 1997, with a seven-year cumulative prime ministers benefit from the University has analyzed the voting rate of 33 per cent. In accepting these turnover associated with mandatory behaviour of all of the justices from claims, the Court nullifed eight feder- retirement. Thus, even a short period 1982 to 1999, and his data indicate that al and 13 provincial statutes, includ- in office may provide appointment at least two of the Chrétien ing parts of the Canada Elections Act, opportunities. For example, during his appointees—Justices Michel Bas tarache the federal Tobacco Products Control nine months in office, Joe Clark was and Ian Binnie—differ significantly Act, the Manitoba Public Schools Act, able to make an appointment to the from the justices they replaced. and Québec’s Referendum Act. Perhaps Canadian Court; by contrast, Jimmy Although Justice Bastarache’s overall most important, the Court’s 1999 Carter had the bad luck not to make a support rate for Charter claims (23 per decision on aboriginal fishing rights single appointment during his entire cent) is somewhat lower than that of in R. v. Marshall sparked a confronta- four-year term as president. US presi- his predecessor Gerard LaForest (29 per tion that has to a large degree para- dents must also shepherd their nomi- cent), his support rate for the most lyzed the government’s aboriginal pol- nees through an often hostile senato- “progressive” policy claims is much

POLICY OPTIONS 23 NOVEMBER 2000 Comment a-t-il changé le Canada ?

higher (57 vs. 34 per cent). Similarly, form the 5-4 loss by the gay rights Supreme Court appointments. The while Justice Binnie and the late Justice movement in Egan into 5-4 victories in first opportunity will come no later John Sopinka, whom he succeeded, had Vriend and M. v. H. Chrétien than 2002, when Justice Claire similar overall support rates for Charter appointees were therefore decisive in L’Heureux-Dubé reaches mandatory claims (39 and 37 per cent, respective- establishing the minimum winning retirement age. Although her overall ly), Binnie’s support for progressive coalition necessary for the gay and les- support for Charter claims is slightly claims is almost twice as high (67 versus bian rights movement in these latter below the Court’s average (31 vs. 33 34 per cent). Justices LaForest (29 per two cases. per cent), this masks an important dif- cent) and Sopinka (27 per cent) were ference in her acceptance of criminal also more likely to accept “reasonable lthough Mr. Chrétien’s other two rights and progressive equality claims. limits” justifications for limiting rights A appointees—Justices Arbour and While Justice L’Heureux-Dubé is than were their Chrétien-appointed LeBel—joined the Court too late to be unsympathetic to criminal claims successors. (On this score, Justice included in Kelly’s aggregate data analy- (with only 24 per cent support), she is Bastarache’s rating was 11 per cent, sis, some recent judgments provide a very receptive to the type of claims Justice Binnie’s 0 per cent). On these hint of what might be forthcoming, at made in cases like Egan, Vriend and M. measures, therefore, Justices Bastarache least from Justice Arbour. In three v. H. (63 per cent). It will therefore be and Binnie are more activist than the important criminal justice decisions difficult for Mr. Chrétien to make the justices they replaced. announced in September 2000—Starr, Court more activist on social policy The policy impact of this activism Oikle, and Morrisey—Justice Arbour issues with his replacement for Justice is perhaps most apparent in compar- clearly aligned herself with criminal L’Heureux-Dubé, but should he in fact ing the Court’s judgments in three sex- defendants. In Starr, Arbour joined the find an appointee that combines her ual orientation cases. In Egan v. majority in a 5-4 judgment that ordered social activism with Justice Arbour’s Canada (1995) a narrow majority of a new trial for a defendant convicted of apparent support for criminal rights, the Court (5-4) upheld a provision of two counts of first degree murder. In such a choice would change the the Old Age Security Act against a claim Oikle, she was the sole dissenter from a Court’s complexion. that it constituted unreasonable dis- judgment upholding the admissibility Mr. Chrétien’s second appoint- crimination on the basis of sexual ori- of a confession and restoring a defen- ment opportunity will come no later entation. In late 1997 the Egan major- dant’s conviction on seven counts of than 2003, when Justice Charles ity lost Justices LaForest and Sopinka; arson. Finally, in Morrisey, although she Gonthier must retire. Gonthier is per- however, their replacements, Justices agreed with the judgment that a four- haps the most conservative sitting Bastarache and Binnie, proved even year mandatory minimum sentence for member of the Court, with an overall more sympathetic to equality claims using a firearm while committing acceptance rate of just 26 per cent in based on sexual orientation. another offence does not constitute Charter cases. He was part of the Egan This change in personnel, com- cruel and unusual punishment, she majority and dissented in M. v. H. It bined with apparent attitudinal shifts wrote concurring reasons emphasizing will not be difficult for Mr. Chrétien to by Chief Justice Lamer and Justice that her judgment applied only to the find a more activist jurist who might Major, produced remarkably unified circumstances of the specific case before ensure an enduring legacy of progres- judgments in the next two sexual ori- the Court. Given that Justice Arbour sive social policy. entation cases. In Vriend v. Alberta replaced a justice (Peter Cory) who was As Pierre Trudeau’s justice minis- (1998) the Court was unanimous in about average in his support for crimi- ter, Jean Chrétien argued that it was declaring Alberta’s human rights nal rights claims (31 per cent), her vot- important to ensure “that legislatures statute unconstitutional because it ing behaviour in these cases may shift rather than judges … have the final say failed to prohibit discrimination on the Court slightly toward the activist on important matters of public poli- the basis of sexual orientation. One end of the spectrum on criminal justice cy.” It is ironic, then, that one of his year later, in M. v. H. (1999), the Court issues. One can only speculate about most important legacies as prime min- again overwhelmingly vindicated a the relationship between this early ister is an increasingly adventurous sexual orientation-based equality trend in Justice Arbour’s decision-mak- Supreme Court willing to exercise its rights claim and found the heterosex- ing and her experience as prosecutor for authority ever more boldly. ual definition of “spouse” in Ontario’s the International Criminal Tribunals for Family Law Act unconstitutional. Even the former Yugoslavia and Rwanda. Christopher Manfredi is Chair of the if Justices Lamer and Major had not Department of Political Science at McGill changed their views, the appoint- third Chrétien majority govern- University. The second edition of his ments of Justices Bastarache and A ment, should it be his, will allow book, Judicial Power and the Charter, Binnie to replace LaForest and Sopinka the prime minister to strengthen his has just been published by Oxford would have been sufficient to trans- legacy through at least two additional University Press.

24 OPTIONS POLITIQUES NOVEMBRE 2000 The Chrétien legacy

fidence and optimism” of 1983 had dis- THERE’S MORE TO HIM appeared. There was now “a dramatical- ly different picture” in which “almost THAN PEOPLE THINK everything, including our sex lives, … have taken a turn for the worse.” But in 1998 the cover proclaimed “A confident John English Canada, united by bedrock values-and a growing optimism.” One suspects that neither ong ago, when Kim Campbell declared he would be honoured only Mackenzie King nor Jean Chrétien had vanquished all pretenders where ingenuity, ambiguity, and politi- influenced Canadian sex lives much. L and polls assured her party that cal longevity held the most prominent When one considers that Newfound- Jean Chrétien was yesterday’s man, place. What panegyric could there be landers made love the most while their Dalton Camp warned fellow Conser- for one who did by halves what could economy floundered throughout the vatives that the Liberal leader had a be done by quarters? eighties and early nineties, it is also singular advantage. He never overesti- Depreciated by his contemporaries unlikely that the end of the federal mated himself. In those days before and colleagues, King is now celebrated deficit had much impact on sex lives. Camp became Canada’s most eloquent by most historians. Michael Bliss’s Nevertheless, the contrast in public voice on the left, many Liberals fretted book on Canadian prime ministers mood between 1993 and 1998 surely about how ill-suited Chrétien seemed places him first among the “great” does reflect Canadians’ sense that their for a time when policy wonks like prime ministers, and a poll of journal- government at least had grasped the Clinton and Gore held sway in the reins and could finally give some direc- United States and an exuberant Tony Like Mackenzie King, tion to the economy. Blair confronted a tired Tory govern- ment in Britain. Jean Chrétien is easily n the case of the government’s eco- Blair and Clinton were not yet underestimated ... Canada I nomic policies, Chrétien’s influence undergraduates when Chrétien fought in 1948, when King left was decisive. Most obviously, he per- his first political wars. He was an MP office, was not the Canada mitted Paul Martin, his leadership rival before Canada had the Canada Pension in 1990, to become his pre-eminent Plan, Medicare, Canada Student Loans, of 1935, and Canada in minister. Martin’s credibility with the and even the maple leaf flag. Kennedy November 2000 is not business community, combined with was America’s president, Macmillan where it was in November his exceptional presentation skills, car- was presiding over the final breakup of 1993. It moved. ried the government’s budgets through the British Empire, and Ronald rough waters in the early years of the Reagan’s governorship of California lay Chrétien government. Compare in an unexpected future. History was a ists, political scientists, and historians Martin’s good fortune with Wilson heavy burden upon Chrétien in 1993, in Maclean’s echoes Bliss’s judgement. under Mulroney, Turner under and it seemed sure to pull him down. Like King, Jean Chrétien is easily Trudeau, Gordon under Pearson, or He struggled loose from history in underestimated. Scott claimed that Chrétien himself under Trudeau, when the memorable 1993 campaign and King always led us back to where we the prime minister cut spending $2 bil- won two consecutive majority govern- were before, and journalists place adjec- lion without consulting his finance ments. Moreover, his unvarying popu- tives such as “familiar,” “risk-averse,” minister. Moreover, Chrétien’s populist larity during those two governments is and “vision-less” before Chrétien’s credentials and the fact that his own unique among prime ministers since name. But Scott was wrong. Canada in cabinet supporters seemed to be the polling began in Canada. 1948, when King left office, was not the most doubtful about deficit fighting Canada of 1935, and Canada in paradoxically reassured a dubious cau- he present’s judgement on depart- November 2000 is not where it was in cus that closing bases, making unem- T ing prime ministers rarely fore- November 1993. It moved. ployment insurance into employment shadows history’s. Take the case of How much it moved can be meas- insurance, and privatizing airports Mackenzie King. His political obituaries ured by the Maclean’s yearly polls. In must occur. How often the Atlantic were often perfunctory, sometimes 1990, the magazine’s covers and the caucus warned of dire political conse- cruel. Norman Robertson, his closest polls within declared Canada “an uncer- quences. How correct they were in assistant during Canada’s wartime tain nation” where “disunity may be a 1997. Chrétien never harangued the crises privately dismissed him as pure permanent part” of our self-definition. doubtful to follow. That would proba- mediocrity. Frank Scott poetically In 1993, the editors lamented, the “con- bly have been counterproductive. He

POLICY OPTIONS 25 NOVEMBER 2000 Comment a-t-il changé le Canada ?

Chrétien’s support of children consider a job in the public Dion’s son became Chrétien’s minister service. Only a third would have done responsible for constitutional reform, Martin, so unusual in so a few years earlier. In an interview and the road to the clarity bill was Canadian political history, given in the spring of 1994, Chrétien paved. Perhaps we have returned to probably derives from his said that his principal aim was to where we were before. It’s not the best long political experience ... restore the sense of dignity and signif- place to be, with the PQ in Quebec City icance to public service and political and the Bloc in Ottawa, but it’s better [His] memoirs suggest that life. Canadians, he knew and polls than where we were in 1995. his six-year tenure in Indian confirmed, thought little of their To judge Chrétien on national and Northern Affairs gave politicians. Allan Gregg, the unity is to judge his party. As Jack him the time and the Conservatives’ own pollster, reported Pickersgill pointed out long ago, in 1990 that 57 per cent of Canadians Liberal prime ministers from King understanding to leave thought politicians unprincipled; 81 through Trudeau will be judged on a clear mark. per cent thought them more con- whether Quebec remains part of cerned with making money than help- Canada because the Liberal Party sur- let his economic ministers, notably ing people; and 65 per cent considered vived in Canada by becoming the party Martin, Manley and Massé, lead and them incompetent. This discontent of “national unity.” Pickersgill’s belief worked on the strays to keep them in fuelled Reform’s arguments in 1993 was the essence of Donald Creighton’s the procession. and Chrétien’s decision to use a complaint about Canadian Liberalism. Chrétien’s support of Martin, so Chevrolet rather than a limousine and Was there too much concern for unusual in Canadian political history, standard airplanes rather than Quebec, too little attention to the probably derives from his long political Mulroney’s controversial jet. Here style Americans, too great a quest for con- experience. Trudeau and Mulroney was of substance. sensus, and too little grasp for national moved ministers often with the When time came to pay tribute to vision? As Chou-en-lai remarked when inevitable result that departmental the public career of Pierre Trudeau, asked the significance of the French policies lacked continuity and minis- where was the notion that politicians Revolution, it’s too soon to tell. ters were often unfamiliar with their were incompetent, unprincipled, and Paul Martin Sr. came up to me at files. Chrétien’s memoirs suggest that mainly concerned with making money the 1984 leadership convention just his six-year tenure in Indian and and that public life lacked dignity and before Jean Chrétien went down to Northern Affairs gave him the time significance? There is further evidence defeat on the second ballot and whis- and the understanding to leave a clear of the change in mood. In the early pered: “You know, there’s more to mark. He has left Martin and Manley in 1990s the Mulroney government was Chrétien than people think.” place for seven years, and other minis- weakened as MPs and ministers took And there is. ters are moved only when compelling hasty retreats from public life. In 2000, circumstances require. Similarly, Jean politicians are overwhelmingly opting John English, a member of the Liberal cau- Pelletier and Eddie Goldenberg offer to seek another term. It would be cus from 1993 to 1997, is Professor of continuity in his own office. Again, the absurd to suggest that Chrétien alone History at the University of Waterloo. comparison with the many principal restored a sense of purpose to public secretaries and policy advisers of service, but it is fair to suggest that he Mulroney and Trudeau is instructive. did make a difference. Contemporary The centre was strong, as Donald Belgium, Germany and even the United Savoie has argued, but so too were the States suggest that a leader’s style and ministers. The style of government deeds do matter when the public thinks harked back to King and St. Laurent in of politicians and their worth. its emphasis on ministerial and adviso- ry continuity. And frankly, it worked nd what of national unity? better than the constant search for the A Canada and Chrétien had a close new face and the new style that call in 1995. The government had been marked previous decades. too confident and too unprepared for the unexpected. Chrétien knew it. In a his year the annual meeting of the 1994 interview, he said bemusedly that T Association of the Professional Léon Dion must be so unhappy not to Executives of the public service of have constitutional reform to com- Canada reported that two-thirds of its plain about. Less than two years later, members would recommend that their after the terrible November of 1995,

26 OPTIONS POLITIQUES NOVEMBRE 2000