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Canada's "New Government" and its reshaping of Confederation

by Joe Hueglin

  Reshaping of Confederation
   

The Harper Government is indeed a "New Government." Stephen Harper sees the government he controls as new in this sense: it is the only government in Canada since The British North America Act (BNA) 1867 to accurately interpret the division of powers between the Parliament of Canada and the provinces.

The movement to join together the British North American colonies began in the midst of the American Civil War which pitted the power of the federal authority with that of States Rights. The intent of those framing the BNA Act was to have the Canadian central government the primary decision maker.

The authority vested in the federal government is revealed by it being given the power of raising “Money by any Mode or System of Taxation." The terms of Union declared: "Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces." The Government of Canada had primacy in shared powers with the provinces in that "any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada."

Today the Government of Canada's primacy in the affairs of Canadians is being subverted. The template for what is in process is the appended New Confederation proposals: "a package of 20 measures to modernize and decentralize Canada." co-authored by Stephen Harper, then Reform Party unity critic, now Prime Minister of Canada.

The ideas contained in this plan would without doubt "decentralize" Canada.

To be considered are the effects of Canada's "New Government" and its reshaping of Confederation. It will be argued this plan will not "modernize" our country but weaken it through reducing the role of the Government of Canada both within our country and in international relations. This is not in the best interests of Canada and it must be opposed.

 

Appendix: Reform presents New Confederation proposals:

October 14, 1995

  Preston Manning
 

Preston Manning, former leader of the ultra-right wing Reform Party, now advises the Stephen Harper Conservative Minority government.

OTTAWA - Reform Party Leader Preston Manning and unity critic Stephen Harper today presented Reform's New Confederation proposals, a package of 20 measures to modernize and decentralize Canada.

"Our proposals would permit future governments to respond more effectively to the needs of ordinary Canadians by reducing Ottawa's centralizing powers, which are historically a frustration to those both inside and outside Quebec," said Manning.

Among the 20 proposals, Reform would guarantee provincial control over natural resources, language and culture. Reform would also change the federal role in regards to provincially administered social services such as welfare, education and health care. Reform would foster, cooperative agreements rather than impose unilateral standards by threatening to withhold federal funding.

"We propose measures which will assert the autonomy of all provinces and the power of the people well into the future," said Harper. "Canadians have long been concerned about concentrating too much power in the hands. of the federal executive and cabinet. Canadians are demanding a new and more accountable system of government."

Each of the 20 changes proposed by the Reform party could be accomplished without comprehensive federal-provincial negotiations of the sort that led to the failed Meech Lake and Charlottetown accords, In all cases, Reform's New Confederation proposals simply require a federal government that is willing to act.

"Canadians want change, not more constitutional wrangling " said Harper. Reform's proposals can be accomplished without re-opening old constitutional wounds ".

Reform’s proposals would retain key federal powers to maintain a common economic space, eliminate internal trade barriers, create and coordinate important areas of economic regulations and represent Canada effectively in international trader negotiations, defence and foreign affairs.

Canadians told us they want Canada to be a balanced and equal federation in which Ottawa plays a cooperative rather than domineering role" added Harper. This is what we propose. There will be no special status, formally or informally, for Quebec or any other province.

Reforms “New Confederation” Agenda proposals include:

Natural Resources
-- Guarantee exclusive provincial control

Manpower Training
-- Guarantee exclusive provincial control.

Social Services
-- Change the role of the federal government to foster cooperative Interprovincial agreements rather than imposing unilateral standards by withholding transfer payments.

Language
-- Replace the Official Languages Act with a new law, the Regional Bilingualism Act, that would recognize the demographic and linguistic realities of Canada and the practices of provincial authorities.

Culture
-- Make provincial governments the primary providers and guardians of cultural services and primary regulators of cultural industries.

Municipal Affairs
-- Strengthen the role of municipal governments in the delivery of essential services.

Housing
-- Guaranteed exclusive provincial control.

Tourism
-- Guarantee exclusive provincial control.

Sports and Recreation
-- Guaranteed exclusive provincial control,

Spending Power
-- Forbid new Federal spending programs in provincial jurisdictions.

Transfers to the Provinces
-- Replace federal cash block grants with tax point grants.

Charter Challenges
-- End the Court Challenges program and tax-funded court challenges of provincial legislation.

Disallowance, Reserve and Declaratory Powers
-- Remain dormant under a Reform government.

Former Reform Party’s Agenda concerning Canadian national institutions:

House of Commons
-- Permit greater “freedom” for individual MPs; wider use of referenda, citizens initiatives and recall.

Senate of Canada
-- All future appointments to the Senate would be made by means of elections on the model of the 1989 Alberta Senate selection process,

Supreme Court and Judiciary
-- Future appointments to the Supreme Court of Canada would be made by the provincial legislatures; all appointments reviewed by elected Senate.

Bank of Canada
-- Future board appointments made by provincial Legislatures. Ottawa would continue to select the Governor of the Bank.

Lieutenant Governors
-- Appointed by provincial legislatures.

Tax, Debt and Expenditure Limitation
-- Unilaterally amend the Constitution to forbid deficit spending or rapid spending increases, except when authorized by a national referendum.

Constitutional Referendums
-- Introduce a motion in the House of Commons that all future constitutional amendments must be approved by majorities in all regions of Canada through a referendum.

Recommended bibliographic source:

Library of Parliament.

 

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