The crime bill and other policies of the Harper government suggest a turn away from his commitment to decentralization.
After taking office in 2006, Prime Minister Stephen Harper declared his commitment to the principle of “open federalism.” Acknowledging that, “Canadians want their governments to work for them,” the prime minister said his government would respect areas of provincial jurisdiction, while also taking advantage of the “experience and expertise that the provinces and territories can contribute to the national dialogue.” If the recent words from Quebec and Ontario premiers on the crime bill are any sign, it seems that open federalism may not be at work.
The idea of open federalism is nothing to shrug at. Politically, for the prime minister, it builds on his Reform Party roots – a party known for its criticisms of federal interference in areas of provincial jurisdiction. By scaling back federal interventions, open federalism also offers a chance to smooth out relations among the federal, provincial, and territorial governments. Finally, open federalism offers Canada the chance to systematically capitalize on one of our primary assets: the talent and leadership of elected and appointed officials from the provinces and territories.
Despite the call for open federalism however, the Harper government has developed a policy agenda with considerable implications for the provinces and territories without bringing them to the table. Three initiatives support this argument:
1. The Safe Streets and Communities Act
The Harper government intends to pass the bill within the first 100 days of this session of Parliament. Among its provisions are new mandatory minimum penalties for a variety of offenses, and increases to maximum prison sentences. Police will also be empowered to make more arrests. The prison system across the country is set to expand considerably, costing the provinces and territories millions of dollars to build and maintain the new institutions. The costs of policing are sure to rise, putting a greater burden on municipalities. The Prime Minister has said that it is the constitutional responsibility of all governments to enforce laws and protect people. Recently, however, the premiers of Quebec, Ontario and Newfoundland announced that they would not cover the costs and other representatives from those provinces have criticized the legislation for using a flawed solution, increased incarceration, to a societal problem– while the western premiers have signalled their support. A new federalism battle thus lies on the horizon.
2. Cancelling the Long-Form Census
In 2010, Minister of Industry Tony Clement announced that the federal government was going to replace the mandatory long-form census with a voluntary survey. The mandatory long-form gathered information providing detailed images of the socioeconomic conditions at work across the country. Provincial and territorial officials relied on this demographic data to help guide their policy choices. Overnight, the Harper government permanently transformed the information-gathering regime in Canada without consulting or drawing on the experience of the other leaders.
3. The Securities Act
In May 2010, the Harper government tabled legislation to establish a single national securities regulator to replace Canada’s decentralized system. Two courts of appeal (Quebec and Alberta) have ruled that securities regulation falls squarely under provincial jurisdiction, meaning that the proposal does not respect the constitutional division of powers. Nevertheless in April 2011, the federal government put the question to the Supreme Court of Canada, hoping the court will rule in the Harper government’s favour and re-write the constitutional division of powers.
By soldiering ahead, the Harper government is reinvigorating intergovernmental conflicts that will take our leaders’ attention away from the pressing issues of the day. Such unilateral behaviour on Ottawa's part is nothing new. Major changes have often been implemented without involving provincial and territorial leaders. In 1995, the federal government – led by former Liberal prime minister Jean Chrétien – imposed the biggest cut to provincial and territorial transfers, virtually overnight. These cuts had dramatic implications for provincial and territorial budgets in such critical areas as health care and education. Were the provincial and territorial premiers involved in the discussions then? The short answer is no.
Prime Minister Harper initially signalled his intention to forge a new era in Canada. During his first speech the Prime Minister was clear: “The time has come to establish a new relationship with the provinces – a relationship that is open, honest, respectful.” His actions however, do not reflect the principle of, nor the commitment to, open federalism. The Harper government’s federalism agenda in fact stands in marked contradiction to his opening commitment. The idea carries great potential to improve the lives of Canadians from coast to coast to coast. Open federalism can ease the considerable intergovernmental tensions that flourished under previous federal administrations and could also strengthen our collective policy expertise by integrating the other leaders directly into the development of major policy initiatives.
Canadians should ask the Harper government what lead to this turn of heart.
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