SCHOOL OF PUBLIC POLICY AND GOVERNANCE FALL 2010

SPP 1000H GOVERNANCE AND INSTITUTIONS

Thursdays 1:00 p.m.-4:00 p.m.

SECTION A: Canadiana Room 150 SECTION B: Canadiana Room 361 14 Queen’s Park Crescent West 14 Queen’s Park Crescent West Instructor: Prof. Phil Triadafilopoulos Instructor: Prof. Linda A. White Office: Canadiana Building Room 61B, Office: Canadiana Building Room 305, 14 14 Queen’s Park Crescent West Queen’s Park Crescent West Office Hours: Thursdays 10:00 a.m.-12:00 Office Hours: Thursdays 10:00 a.m.-12:00 noon; or by appointment; I am also generally noon; or by appointment; I am also generally around on Wednesdays for those of you with around on Wednesdays for those of you with course conflicts course conflicts Telephone: 416-978-7035 Telephone: 416-978-2857 [email protected] [email protected] (NOTE: I generally do not use my UTOR account so please email me at CHASS.UTORONTO.CA)

Course Synopsis and Objectives:

This course explores how institutions – formal and informal rules which enable and constrain actors – shape policy-making in . We consider the nature of institutions, distinguish governance from governing, and examine several key institutions in Canada, including responsible government, federalism and the courts. We then turn to questions of multi-level governance, focusing on federal-provincial relations, municipal governance, and indigenous self- government. We conclude with discussions of stake-holder governance and the interplay of global structures and domestic institutions in the policy process. The course aims to provide students with a solid understanding of Canada’s institutional context, the precise meaning of the term “governance” and its relation to “governing,” the complexity of multi-level governance in Canada, and the role of informal actors and global structures and processes.

Required Readings:

We suggest the following two books as background reading:

Bakvis, Herman, Gerald Baier, and Douglas Brown. 2009. Contested Federalism: Certainty and Ambiguity in the Canadian Federation. Toronto: Oxford UP.

Malcolmson, Patrick and Richard Myers. 2009. The Canadian Regime: An Introduction to Parliamentary Government in Canada. 4th ed. Toronto: UTP. 2

Copies of these texts have been ordered through the University of Toronto Bookstore, located at 214 College Street.

If you are looking for more encyclopedic information on the Canadian constitution, see Peter W. Hogg. 2008. Constitutional Law of Canada. Toronto: Carswell. Some copies have been ordered at the bookstore as well.

Most required readings are available online via the U of T Library’s E-Resources and have been indicated as such on the syllabus. PLEASE NOTE: these Ebrary readings can ONLY be accessed via Microsoft Explorer NOT Mozilla Firefox. There is a glitch in the library system that Robarts cannot resolve. Viewing and printing IS possible but only through Explorer.

Required readings not available on E-Resources will be posted on Blackboard.

Course Requirements:

Grades for this course will be based on the following requirements:

Short essay I: one essay must be completed before Week 6 as per due date specified 20 % Short essay II: must be completed by the end of term as per due date specified 20 % End of term essay: DUE THURSDAY 16 DECEMBER 2010 4:30 PM 40 % Participation: Cumulative throughout term 20 %

Short Essays:

You will find short essay questions on the syllabus interspersed throughout the term. Students must choose any TWO of the essay questions on which to write, BUT one essay must be submitted before the end of week six. The essays are due in class ONE WEEK after we have covered the topic in class. The essays should be succinct – 5 pages in length, double spaced with 12-point font – and be highly analytical, not descriptive. They should address the material covered in that week’s reading, class discussion, and speakers’ comments (if a speaker appears that week).

End of Term Essay:

Each student is required to answer the essay question found at the end of this syllabus. The essay should be 12-pages in length (double spaced, 12 point font). Research for the essay will be based on and expanded from required readings on the course syllabus. You are of course welcome to go beyond these readings. The essay is due two weeks after the end of term on Thursday, 16 December 2010 at 4:30 p.m.

Please note that you are expected to turn in all assignments on time. No exceptions will be made except in the case of an adequately documented emergency. You must make a reasonable effort to contact Professor Triadafilopoulos/Professor White as soon as the problem arises to inform 3

your instructor of the problem, and present your written documentation to the instructor when you return. Professors Triadafilopoulos and White maintain discretion in determining whether to accept the late assignment and/or attach a lateness penalty.

Participation:

This course is an advanced, reading- and discussion-intensive seminar. Students are expected to complete each week’s required readings in advance, attend every class, and contribute actively to class discussions. In order to ensure all students contribute to the class, attendance will be taken. It is the students’ responsibility to account for any absences, as unexplained and unexcused absences will be taken into account in calculating the class participation grade. In addition to consistent attendance (one cannot participate if one does not attend) the participation grade will be based on consistent, constructive, high-quality interventions in seminar discussion. The breakdown of the seminar participation grade of 20 per cent will be as follows: one third for attendance, one third for the quantity of participation, and one third for the quality of participation. Factors to be taken into consideration in evaluating the quality of your participation include being prepared for class, being attentive to class discussion, raising thoughtful comments and questions in class, and providing insight and analysis to the readings and discussions.

It might be helpful to keep the following questions in mind in preparing for class:

1. What are the central points or arguments being made in the readings? 2. How have the authors organized their arguments? 3. What evidence and methods have they used to support their arguments? 4. How does the week’s reading relate to other material examined in the course? 5. How do you evaluate the authors’ positions?

You are expected to be an active participant in class discussions. Active participation entails:

- initiating a topic or question - providing information and examples to clarify a point - trying to synthesize or summarize a part of the discussion - seeking clarification where one is unsure - adding to and amending what others have said - respectfully offering positive and negative reactions to others’ points

Being an active participant also involves assisting members of the class by asking them to:

- state what they believe the main points of the reading are - synthesize or summarize part of the discussion - provide examples - restate what they’ve said to ensure you understood give their positive and negative opinions

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Class Schedule:

Each class will start at 1:10 PM (unless noted otherwise) and finish at 4 PM. Each section will meet separately unless there is a guest speaker scheduled or it is noted on the syllabus that we are meeting in plenary. When there is a guest speaker, you will meet in Room 150 of the Canadiana Building. When there is a guest speaker, your instructors will begin with an introduction/ overview of the day’s topic. This will be followed by the guest speaker who will present and engage you in discussion for the first part of the class. After the break, you will reconvene in your assigned section.

Academic Integrity:

Please be aware of the importance of academic integrity and the seriousness of academic dishonesty, including plagiarism. The more obvious instances of plagiarism include copying material from another source (book, journal, another student, and so on) without acknowledging the source, presenting an argument as your own – whether or not it is a direct quotation – rather than fully acknowledging the true originator of the idea, having another person help you to write your essay, and buying an essay. Taking materials from the internet without acknowledging the source is plagiarism. Use of unauthorized materials during exams is cheating. All of these are instances of academic dishonesty, which the university takes very seriously and they will result in academic penalty. Those penalties can range from failing the assignment, failing the course, having a notation on your academic transcript, and/or suspension from the university. For further information on the University’s Code of Behaviour on Academic Matters, see: http://www.artsandscience.utoronto.ca/ofr/calendar/rules.htm#behaviour. To avoid problems in your assignments, please consult “How Not to Plagiarize,” by Margaret Procter, Coordinator of Writing Support, U of T: http://www.writing.utoronto.ca/advice/using-sources/how-not-to- plagiarize

Office Hours, Email Policy:

You are encouraged to see us during office hours, or, if that is not possible, by appointment, to consult about the written assignments or class material or to talk about the course in general. We will do our best to respond to email within 48 hours of receiving messages (weekdays only). Email received during weekends and holidays may take longer to answer. Please do not submit course assignments via email.

Accessibility Needs:

The University of Toronto is committed to accessibility. If you require accommodations for a disability, or have any accessibility concerns about the course, the classroom, or course materials, please contact Accessibility Services as soon as possible: [email protected] or http://studentlife.utoronto.ca/accessibility.

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Schedule of Seminar Topics and Readings

Week 1 (16 September) – Introduction: Institutions, Governance, and Democracy

Atkinson, Michael M. 1993. “Introduction: Governing Canada.” In Governing Canada: Institutions and Public Policy. Ed. M. Atkinson. Toronto: Harcourt Brace and Co, 1-16. Posted on Blackboard.

Montpetit, Éric . 2005. “Westminster Parliamentarism, Policy Networks, and the Behaviour of Political Actors.” In New Institutionalism: Theory and Analysis. Ed. André Lecours. Toronto: University of Toronto Press: 225-244. Available online via EBRARY.

Pierre, Jon and B. Guy Peters. 2000. Governance, Politics and the State. New York: St. Martin’s. Chapter 1 (pp. 14-27). Posted on Blackboard.

Resnick, Phillip. 1984. Parliament vs. People: An Essay on Democracy and Canadian Political Culture. Vancouver: New Star Books: 1-39. Posted on Blackboard.

Week 2 (23 Sept) –Responsible Government I: The Westminster Parliamentary Model

Meet in Plenary in CG 150!!!

Aucoin, Peter, Jennifer Smith and Geoff Dinsdale. 2004. Responsible Government: Clarifying Essentials, Dispelling Myths and Exploring Change. Ottawa: Canadian Centre for Management Development. Posted on Blackboard.

Slattery, Brian. 2009. “Why the Governor General Matters.” In Parliamentary Democracy in Crisis. Eds. Peter H. Russell and Lorne Sossin. Toronto: UTP, chapter 6 (pp. 79-90). Posted on Blackboard.

Smith, Jennifer. 2000. “The Grass is Always Greener: Prime Ministerial vs. Presidential Government.” In Canada and the United States: Differences that Count. 2nd ed. Ed. David M. Thomas. Peterborough: Broadview Press, 229-247. Online: http://simplelink.library.utoronto.ca/url.cfm/65422.

Background reading (recommended you peruse if you don’t have familiarity with Canadian institutions and government)

The Constitution Act, 1867 to 1982. Online: http://laws.justice.gc.ca/eng/Const/Const_index.html.

Forsey, Eugene A. 2010. How Canadians Govern Themselves. 7th ed. Ottawa: Library of Parliament. Online: http://www2.parl.gc.ca/sites/lop/aboutparliament/forsey/index-e.asp. 6

Government of Canada, Structure of the Government of Canada. Online: http://canada.gc.ca/aboutgov-ausujetgouv/structure-eng.html.

See also re: provincial/municipal structures:

Legislative Assembly of Ontario Website, Teaching Parliament. Online: http://www.ontla.on.ca/

City of Toronto, Learning Material: How Does the City Work? Online: http://www.toronto.ca/civic-engagement/learning-material/index.htm.

Week 3 (30 Sept) – Responsible Government II: Contemporary Issues in Executive/Legislative Relations

Guest Speaker: Jim Mitchell, Founding Partner, Sussex Circle; Meet in plenary in CG 150

Savoie, Donald J. 2004. “Searching for Accountability in a Government Without Boundaries.” Canadian Public Administration 41, 1: 1-26. Online: http://simplelink.library.utoronto.ca/url.cfm/46733.

Sossin, Lorne. 2005. “Speaking Truth to Power? The Search for Bureaucratic Independence in Canada.” University of Toronto Law Journal, 55(1): 1-59. Online: http://simplelink.library.utoronto.ca.myaccess.library.utoronto.ca/url.cfm/96980.

Thomas, Paul. 2010. “Parliament and the Public Service.” In The Handbook of Canadian Public Administration. 2nd Ed. Ed. Christopher Dunn. Toronto: Oxford University Press: 106-130. Posted on Blackboard.

Short essay question 1:

What does the case of Richard Colvin, senior Canadian diplomat posted to Afghanistan, OR Munir Sheikh, the former Head of Statistics Canada reveal about executive, legislative, and administrative relations in Ottawa, and particularly about the distribution of power and accountability in Canadian government?

Week 4 (7 Oct) – Federalism and the Concept of Multi-level Governance

Hogg, Peter W. 2008. Constitutional Law of Canada. Toronto: Carswell, chapter 5 (111-157). Posted on Blackboard.

Banting, Keith G. 2007. “The Three Federalisms: Social Policy and Intergovernmental Decision- Making.” In Canadian Federalism: Performance, Effectiveness, and Legitimacy. 2nd ed. Eds. 7

Herman Bakvis and Grace Skogstad. Toronto: Oxford University Press, 137-160. Posted on Blackboard.

Teliszewsky, Andrew and Christopher Stoney. 2007. “Addressing the Fiscal imbalance Through Asymmetrical Federalism: Dangerous Times of the Harper government and for Canada.” In How Ottawa Spends 2008-2008: The Harper Conservatives – Climate of Change. Ed. G. Bruce Doern. Montreal and Kingston: McGill-Queen’s University Press, 2007, 25-45. Posted on Blackboard.

Week 5 (14 Oct) – Federalism II: CASE: Equalization, Equity and Autonomy?

Guest Speaker: Josh Hjartarson, Policy Director, Mowat Centre for Policy Innovation; Meet in plenary in CG 150

Choudhry, Sujit. 2008. “Constitutional Change in the 21st Century: A New Debate over the Spending Power.” Queen’s Law Journal 34, 1-2: 375-390. Posted on Blackboard.

(Also see Mendelsohn, Matthew and J. Scott Matthews. 2010. The New Ontario: The Shifting Attitudes of Ontarians toward the Federation. Mowat Note. Toronto: Mowat Centre for Policy Innovation. Online: http://www.mowatcentre.ca/pdfs/mowatResearch/8.pdf.

Gibbons, Roger, Antonia Maioni and Janice Gross Stein. 2006. Canada by Picasso: The Faces of Federalism. Ottawa: The Conference Board of Canada. Essays by Gibbons and Stein. Online: http://www.conferenceboard.ca/documents.aspx?did=1785.

Hjartarson, Josh. 2010. One Economic Market or a Collection of Jealous Rivals? Ensuring the Effectiveness of Securities Reform in Canada. Mowat Note. Toronto: Mowat Centre for Policy Innovation. Online: http://www.mowatcentre.ca/pdfs/mowatResearch/19.pdf.

Short essay question 2:

What does the debate over a national securities regulator reveal about intergovernmental relations in Canada?

Week 6 (21 Oct) – Local Governance

Guest Speaker: Gabriel Eidelman, PhD Candidate, Department of Political Science, University of Toronto; Meet in plenary in CG 150

Bradford, Neil. 2007. “Whither the Federal Urban Agenda? A New Deal in Transition.” CPRN Family Network Research Report F/65. Online: http://www.cprn.org/documents/46924_en.pdf.

Courchene, Thomas J. 2007. “Global Futures for Canada’s Global Cities.” IRPP Policy Matters 8, 2. Online: http://www.irpp.org/pm/archive/pmvol8no2.pdf. 8

Sancton, Andrew. 2008. “Focusing on Cities.” In The Limits of Boundaries: Why City-Regions Cannot Be Self-governing. Montreal: McGill-Queen’s University Press. Posted on Blackboard.

Sancton, Andrew. 2010. “The Insurmountable Problem of Cities.” Mowat Opinion. Online: http://www.mowatcentre.ca/opinions.php?opinionID=20.

Slack, Enid and Richard M. Bird. 2007. “Cities in Canadian Federalism.” Policy Options (December): 72-77. Online: http://www.irpp.org/po/archive/dec07/slack.pdf.

Supplementary reading:

Siegel, David. 2009. “Ontario.” In Foundations of Governance: Municipal Government in Canada’s Provinces. Eds. Andrew Sancton and Robert Young. Toronto: University of Toronto Press. Online: http://books.google.com/books?id=MVgy1xkGQr4C&printsec=frontcover&dq=foundations+of+ governance&hl=en&ei=XiSJTJGQENXhnQempL2XDA&sa=X&oi=book_result&ct=result&res num=1&ved=0CC8Q6AEwAA#v=onepage&q&f=false.

Short essay question 3:

Can Canada’s system of multilevel governance be extended to better capture the importance of cities?

Week 7 (28 Oct) – Indigenous Governance

Guest speaker: Graham White, Professor, Department of Political Science, University of Toronto; Meet in plenary in CG 150

Guimond, Eric. 2003. “Fuzzy Definitions and Population Explosion: Changing Identities of Aboriginal Groups in Canada.” In Not Strangers in These Parts: Urban Aboriginal People, ed. D. Newhouse, E. Peters. Ottawa: Policy Research Initiative: 35-50. Online: http://www.policyresearch.gc.ca/doclib/AboriginalBook_e.pdf.

Papillon, Martin. 2007. “Canadian Federalism and the Emerging Mosaic of Aboriginal Multilevel Governance.” Canadian Federalism: Performance, Effectiveness and Legitimacy. 2nd ed. Eds. Herman Bakvis and Grace Skogstad. Toronto: Oxford UP: 291-315. Posted on Blackboard.

White, Graham. 2009. “Governance in Nunavut: Capacity vs. Culture?” Journal of Canadian Studies, 43(2): 57-81. Online: http://simplelink.library.utoronto.ca.myaccess.library.utoronto.ca/url.cfm/97576.

Short essay question 4:

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Sovereignty is typically understood in either/or terms: you either have it or you don’t. What do experiments in Aboriginal self-government in Canada tell us about sovereignty?

Week 8 (4 Nov) – The Courts and Democracy

Hirschl, Ran. 2008. “Canada’s Contribution to the Comparative Study of Rights and Judicial Review.” In The Comparative Turn in Canadian Political Science. Eds. Linda A. White, Richard Simeon, Robert Vipond, and Jennifer Wallner. Vancouver: UBC Press, 77-98. Posted on Blackboard.

Hogg, Peter W. and Allison A. Thornton. 2001, “The Charter Dialogue between Courts and Legislatures.” And rejoinders by Morton, Russell, and Manning. In Judicial Power and Canadian Democracy. Eds. Paul Howe and Peter H. Russell. Montreal and Kingston: McGill- Queen’s UP, 106-129. Online: http://simplelink.library.utoronto.ca/url.cfm/61539.

Manfredi, Christopher P. 2001. Judicial Power and the Charter: Canada and the Paradox of Liberal Constitutionalism. 2nd ed. Toronto: Oxford UP, chapter 1 (3-24). Posted on Blackboard.

Week 9 (11 Nov) – The Courts and Public Policy

Guest speaker: Brenda Cossman, Professor, Faculty of Law, and Director, Bonham Centre for Sexual Diversity Studies, University of Toronto; Meet in plenary in CG 150

Cossman, Brenda. 2003. “Disciplining the Unruly: Sexual Outlaws, Little Sisters and the Legacy of Butler.” University of British Columbia Law Review, 36, 1: 77-99. Online: http://simplelink.library.utoronto.ca/url.cfm/101982.

Cossman, Brenda. 2002. “Lesbians, Gay Men and the Charter of Rights and Freedoms.” Osgoode Hall Law Journal 40, 223- 249. Online: http://simplelink.library.utoronto.ca/url.cfm/47453.

Cossman, Brenda and Bruce Ryder. 2001. “What is Marriage-Like Like? The Irrelevance of Conjugality.” Canadian Journal of Family Law 18: 269-327. Online: http://simplelink.library.utoronto.ca/url.cfm/59361.

Short essay question 5:

Reflecting on the Supreme Court’s decisions regarding marriage and sexuality, comment on the courts’ role as fomenting or resolving public policy disputes.

Week 10 (18 Nov) – From Government to Governance

Evans, F. Mitchell and John Shields. 2010. “The Third Sector and the Provision of Public Good: 10

Partnerships, Contracting, and the Neo-Liberal State.” In The Handbook of Canadian Public Administration. 2nd Ed. Ed. Christopher Dunn. Toronto: Oxford University Press: 305-318. Posted on Blackboard.

Flood, Colleen and Bryan Thomas. 2010. “Blurring the Public/Private Divide: The Canadian Chapter.” European Journal of Health Law 17: 1-22. Posted on Blackboard.

Skogstad, Grace. 2003. “Who Governs? Who Should Govern? Political Authority and Legitimacy in Canada in the Twenty-First Century.” Canadian Journal of Political Science 36, 5: 955-974. Online: http://simplelink.library.utoronto.ca/url.cfm/48485.

Week 11 (25 Nov) –Stakeholder Democracy and Participatory Governance

Guest speaker: Simone Chambers, Professor, Department of Political Science, University of Toronto; Meet in plenary in CG 150

Fung, Archon. 2006. “Varieties of Participation in Complex Governance.” Public Administration Review, 66: 66-75. Online: http://simplelink.library.utoronto.ca/url.cfm/115125.

Goodin, Robert E. and John S. Dryzek. 2006. “Deliberative Impacts: The Macro-Political Uptake of Mini-Publics.” Politics and Society, 34, 2: 219-244. Online: http://simplelink.library.utoronto.ca/url.cfm/115129.

Warren, Mark E. and Hilary Pearse. 2008. “Introduction: Democratic Renewal and Deliberative Democracy.” In Designing Deliberative Democracy: the British Columbia Citizens’ Assembly. Ed. Mark E. Warren and Hilary Pearse. New York: Cambridge University Press, 1-19. Posted on Blackboard.

Short essay question 6:

If modern representative democracy is premised on the accountability of governments to citizens, to what degree does policy making in Canada realize this aspiration?

Week 12 (2 Dec) – LAST CLASS - Institutions and Policy Reform in Canada: The Possibility of Grand Policymaking?

Harty, Siobhán. 2005. “Theorizing Institutional Change.” In New Institutionalism: Theory and Analysis . Ed. André Lecours. Toronto: University of Toronto Press: 51-79. Available on EBRARY.

Hoberg, George, Keith G. Banting and Richard Simeon. 2002. “The Scope of Domestic Choice: Policy Autonomy in a Globalizing World.” In Capacity for Choice: Canada in a New North America. Ed. George Hoberg. Toronto: UTP. Online: http://main.library.utoronto.ca/webcat/goto_catalogue_url.cfm?where=ckey&what=4704009. 11

Levin, Kelly, Benjamin Cashore, Steven Bernstein, and Graeme Auld. 2010. “Playing it Forward: Path Dependency, Progressive Incrementalism, and the “Super Wicked” Problem of Global Climate Change.” Article under review. Posted on Blackboard.

End of Term Essay Question:

Write a 12-page paper in response to the question below (double spaced, 12 point font). Due: 16 December 2010 at 4:30 p.m.

Given what you’ve learned in this course, what is THE most pressing policy issue in Canada today? What are the prospects of it being addressed and successfully resolved? Note that in your response, you should be sure to reflect on the logic of policy making in Canada, given the constraints of Canadian political institutions.