POLI221 final exam key concepts

Residential Schools

Religious schools where indigenous children were forced into labor and Euro-Canadian ideology (1880s to 1990s), over 4,000 confirmed child deaths. Large class action lawsuits from survivors who sued the state and churches

Truth and Reconciliation committee

Mandated in 2008 to promote healing and reconciliation for those affected by the residential schools, framed as a “moral project” for the entire nation from individuals to the state

• Includes 94 calls to action, to influence institutional actions and legislative developments, reshaping public discourse and directing specific reforms 

The sixties scoop

Happened during the late period of the residential schools, mass removal of indigenous children, sometimes from birth, into white families 

Nation building projects

large scale Canadian infrastructures to build economic independence from the US, such as:  

• Pipelines 

• Hydro dams 

• Transmission lines  

• Mining 

Also including Ksi Lisims LNG project 

Ksi Lisims LNG project 

Liquified natural gas export facility that was marketed as a “partnership” with the Nisga’a first nation (because it crosses their territory), but 100% of the equity is owned by non-indigenous companies. Many indigenous nations opposed the pipelines, but projects often proceed without indigenous proposal - Shows that the federal government sees first nations as “domestic” groups within the state, not as their own independent political entities 

Section 35 of the 1982 Constitution act

Recognizes indegenous rights, Treaty rights, and Land claims although like the charter, meaning was vague and much interpretation left up to courts

Key cases of section 35

• Calder (1973) - recognized aboriginal title existed before Canada, sparking negotiations on land claims, triggered the shift from “white paper liberalism” to real policy

• Van Der Peet (1996) - An indigenous man was selling fish without a license, court determined Van Der Peet test: a set of criteria established by the court to prove Indigenous rights, stipulating that the Indigenous custom, practice or tradition in question must be integral to the distinctive culture of the Aboriginal group claiming the right and originate from before contact with the Europeans 

• Marshall (1999) - Donald Marshall Jr. charged with illegally fishing for eels without a license - Supreme Court of Canada affirmed the treaty right for the Mi'kmaq to hunt and fish for a "moderate livelihood," meaning they could earn enough to support themselves but not to amass unlimited wealth

• Sparrow (1990) - Recognizes aboriginal rights but allows govt. To infringe on them if justified

Canada’s reconciliation politics

Indigenous people are invited into Canada as legal subjects, but not recognized as sovereign political nations, while Canada keeps the economic benefit of their land 

• Reconciliation becomes a governing rationale for the Trudeau gov’t as well as a tool for managing state liability and facilitating economic development  

• The 2013 Eyford Report identifies reconciliation as a strategy for overcoming economic and resource-development impasses 

Critiques of reconciliation

• John Borrows: “Reconciliation sounds nice when discussed in the 
  abstract. But reconciliation, practiced in context, requires that Indigenous peoples reconcile themselves to colonialism.” He also argues that reconciliation must include reconciliation “with the earth itself”

• Snelgrove and Wildcat: critique reconciliation as a context of ‘colonial reconfiguration’, a way for the state to adapt without conceding real power, but this makes the state vulnerable, and this may create opening for indigenous political action  

• Simpson: constantly asking the state to recognize indigenous rights represents a colonial framework and power dynamic where the state has power over indigenous peoples 

• Macdonald: Reconciliation may better be defined as conciliation 

• Joyce Green: says reconciliation needs to be initiated by the perpetrators, not from those who have endured it

• Dylan Robinson: there is an attendant “intergenerational responsibility” for the descendants of settlers to intervene and stop the reproduction of colonialism 

The Constitution Express political movement (1980-81) 

• Grassroots movement against the government, b/c the original proposed patriation lacked aboriginal rights 

• Forced Aboriginal and treaty rights into the ‘patriated’ constitution. Section 35 (1982) entrenches their recognition without providing any concrete definition as to their limits or meanings

Royal Commission on Aboriginal Peoples (RCAP)

Prompted by the Kanesatake resistance, a standoff between Indigenous protests, the Quebec Police, and the Canadian Army sparked by the proposed expansion of a golf course and the development of townhouses on disputed land in Kanesatake that included a Kanyen'kehà:ka burial ground

• offers 400+ recommendations that serve as ‘avenues for reconciliation’

• Reconciliation is deployed as a political and social concept, rather than a legal one 

• The recommendations remain unimplemented 

What does Christopher Reid say about reconciliation?

that we “we ought to reject it”

Public Inertia

The tendency of the government and public systems to resist change and maintain the status quo, leading to slow or nonexistent policy adjustments

• In Canada’s case, the core public policy systems in place continue to perpetuate racial inequalities because they are outdated and built upon liberal universalism

The puzzle of racial inequality

Why can’t Canada move past its outdated systems that actively maintain racial and economic inequalities, although it poses itself as multi-cultural, general welfare state, and a liberal democracy?

Canada’s welfare state

• Universal programs that reduce poverty less for racial minorities 

• Policy debates and aims are framed in terms of “middle class families” instead of race like “black families” 

Universalism and its embededment in Canadian politics

Canada has a focus on universalism, and equality for everyone versus equity which further reinforces its systematic inequalities

Key themes of course

Rules of the game (what formal and informal rules determine how power is distributed? how do these rules block certain groups from achieving their goals in society?), allocation of resources (how are resources used as a tool, and who allocates resources?), political power (who has power, and who doesn’t? what are the implications of power dynamics?)

Mi’kmaq salmon fishery dispute

• Following the Marshall court ruling, which affirmed indigenous rights to fish for a “moderate livelihood” (but that has not been exactly defined), the people argue it is their land and therefore what they do with it cannot be controlled or reduced – it's also outlined in their group’s constitution 

• in 2020, the Sipekne'katik First Nation launched its own self-regulated fishery, which led to protests, violence, and property damage by non-Indigenous commercial fishers, as well as federal enforcement action and seizure of traps. 

How are indigenous people “grouped in” with multiculturalism narratives, and what effect does that have?

Multiculturalism narratives often group indigenous people with all minority groups, and this:

• Erases their status as sovereign nations with real authority 

• “Cultural recognition” replaces their political recognition 

What is a polycrisis according to Roberts, and what is an example in Canada?

A situation where multiple crises occur together and amplify one another

• Example: housing affordability crisis + rapid population growth = even higher demand for housing leads to worsened affordability

According to Roberts, how can Canada survive the challenges of the 21st century?

Adaptability

What is Roberts definition of adaptability?

the ability of a country to renovate its grand strategy and institutions in response to new circumstances and ideas 

Realism

The political ideology that emphasizes the presence of danger, the fragility of states, the need for vigilance, and the importance of nimbleness in adjusting strategy and institutions to accommodate new circumstances. 

What is hardline constitutionalism?

Assumption that we can know enough about the world to set up a scheme of government that will work for a very long-time

• Example: creators of the US Constitution

According to Roberts, what are the 4 essential functions of an adaptable government, and how are they defined?

• Anticipation – is the system capable of anticipating dangers? 

• Redesign – can the system redesign strategy to address long-term changes? 

• legitimation – is the system capable of building political support for proposed strategy? 

• Execution - Is the system capable of executing a proposed strategy – that is, of renovating institutions and mobilizing resources as the strategy requires? 

What is a “Grand Strategy”?

How the state uses its resources and power to achieve its long-term goals. Grand Strategy is manifested in understandings about national priorities and policies that are widely shared by political leaders, bureaucrats, voters, and interest groups although there is never “one” Grand strategy that is agreed upon by everyone 

What term does Roberts use to describe the Canadian system?

federal-liberal-democratic (FLD)

What is Canada’s FLD system?

• No one body or person is completely in charge

• PMs can declare national priorities, but many other actors (premiers, legislators, voters, judges, and others) are not fully bound by that declaration

• While PMs can propose new policies, other actors can refuse to implement them

• PM is limited

What are 5 advantages of the Canadian system?  

1. Fixation on our own survival and on “national unity”

2. Tools such as royal commissions to identify emerging threats and formulate systematic policy responses. 

3. Protecting and enhancing the public sphere through institutions like CBC/Radio-Canada, media regulations, and cultural grants.  

4. Concentration of power in the executive enhances capacity to act. 

5. “Federal-provincial diplomacy "and intergovernmental relations fostering coordination, meaning Canadian PM and premiers can move more decisively than president and governors 

What are some of the arguments in favor of the FLD system?

• bureaucracies are exposed to public scrutiny, making it more likely that such problems will be identified and corrected 

• b/c power is broadly distributed, everybody is responsible for upholding the 4 pillars of an adaptable political system

• Every component is backed up and every action is error tested 

• Open debate and free elections generate deeper public understanding of the reasons for shifts in national strategies, making political support more robust

• Free elections can remove inattentive or incompetent leaders

What are some limitations of the FLD system? (Cultural)

• FLD depends on responsible, future-oriented citizens, and there is an argument that people chase short-term comfort instead of long-term responsibility

• FLD system relies on rational participants in democracy, and voters are often not very rational: they overrate their knowledge, ignore uncomfortable facts and experts, and swing between overconfidence in good times and deep pessimism in bad time

• The FLD system depends on compromise, peaceful disagreement, and shared rules and citizens are increasingly seeing each other as enemies instead of partners: cooperation breaks down, especially during crises and the system’s ability to function is compromised

What are some limitations of the FLD system? (Institutional)

• elections may encourage politicians to focus on the short-term rather than the long-term

• Separation of powers can slow down government’s ability to act and creates gridlock

• While Federalism gives provinces freedom, there is no guarantee that they will act responsibly

• Having to run policy through several levels of government is time consuming and can reduce policy efficacy

What is Roberts position on the FLD system?

He says, “we can see how an FLD system might perform the four essential functions of anticipation, redesign, legitimation, and execution, but we can also see many ways in which such a system might break down”

the Adaptability Trap

The predicament in which reforms limit the possibility of further reforms

Short-term politics

Roberts argues that Canada’s political system has become increasingly short-sighted, overwhelmed by daily crises, 24 hour media cycles, social media decreasing attention span, and electoral pressures 

Controversies of the moment

“Trending” topics and controversies that mass media focuses on, and then moves onto the next one quickly

• Example: BLM as a “trend” in 2020 and then after some time, people stopped talking about it

The twin problems of distraction and democratic myopia  

Social and technological transformations are turning Ottawa into more of a pressure cooker, in which politicians are overwhelmed by events and left with little time to think about long-term grand strategy, and rising political instability has led politicians to fixate more on the closest next election and not on the future 

Platform Governance

Parties run on a specified platform that makes it hard to deviate

• Parties make the promises to voters

• A “contract” between parties and voters where voters consent to the contract by electing a party to government, and the party honors the contract by implementing promises made during the campaign, or fails to execute the contract, and voters punish it at the next election

What is a real-life example of platform governance in Canada?

Mandate letters: the outgoing PM gives “instructions” to the incoming party leader - Canada even has results officers that evaluate platform promises

What are the cons of platform governance?

• Encourages a focus on the short term, where parties make promises that can be fulfilled quickly, so that points can be racked up on the scorecard before the next election

• Results in policy commitments that are poorly conceived

• Limits the ability of public servants to provide advice about proposed policies, as officials cannot play a direct role in drafting party platforms ( that would violate the principle of bureaucratic neutrality), so Officials can only provide advice once a party has gained office in which it may be too late

• Encourages a flawed view of what governance really requires, as they are built on the assumption that unpredictable events are unlikely to occur

Defense of platform governance

It has worked for parties, as over the last 30 years, parties with well-structured platforms have consistently won the trust of voters and elections

How does an increasingly dominant executive impact potential adaptability over time? 

• A heavy burden on the PMO staff and staffing problems

• Less room for ambiguity and complexity, which Roberts says are two essential features for conversations about the future

How can civil society interest groups and support organizations promote adaptability?

There is limited room for forward policy thinking within both the public service and civil society organizations because they lack the resources and status needed to replicate the work once done by independent councils and royal commissions

Royal Commissions

formal government-appointed inquiry to investigate a matter of national importance and provide recommendations

Neo-liberalism

Wants leaders to wear a “golden straitjacket” that restricts their power through strict rules

Assumes a universal formula that can be applied to all governments for them to function well

Intergovernmentalism

Different levels of government working together, such as Prime Ministers, premiers, and mayors

What is Roberts’ argument about the decline of First Ministers Conferences (FMCs)?

That Canada has lost a key mechanism for coordination and national unity. Because today, the Canadian political system has more moving parts, the world is more complicated, and antagonisms among Canadian leaders are festering, There is a greater need for leaders to show solidarity, talk through their differences, and seek a common understanding on national strategy through well-designed summit meetings

First Ministers Conferences

A regular meeting, held with some degree of formality, that included the prime minister and provincial and territorial premiers 

• They have stopped being held regularly since the 1990s

Why have FMCs declined since the early 1990s? (2 key reasons)

1. They have been “replaced” by bilateral agreements and international summits

2. FMCs are seen only as vehicles for dealmaking (excluding the other benefits of FMCs), and politicians have easier ways of doing that

Missing dialogue

The necessary conversations and meetings between ministers and premiers that are being replaced by regular meetings with leaders from other countries

What is the indigenous problem of FMCs?

First ministers describe the federation as a partnership between Indigenous peoples and federal, provincial, and territorial governments, but Indigenous leaders are not treated as partners when first ministers convene. First ministers retain discretion about when and how Indigenous leaders will participate.

What are the important roles of FMCs, beyond policy making?

1. Reaching agreements (policymaking)

2. Demonstration of solidarity (different leaders with opposing views can come together and demonstrate their alliance and commitment to Canada)

3. Deliberation (sharing points of view to improve common understanding and promote coordinated action)

How has the decline of FMCs in the 21st century undermined Canada’s adaptability?

Canada as a whole cannot address new and growing threats together, increasing separatist tensions among provinces, lack of coordination and antagonism between leaders 

The public sphere

a shared space in which citizens communicate with one another about problems facing their community and how to deal with them; a core function of democracy 

The 4 key features of Canada’s public sphere that are eroding (which Roberts identifies)

1. clear boundaries (citizens set the agenda, not outside forces)

2. A reasonably stable agenda (people can predict what is likely to be discussed in the foreseeable future and prepare accordingly)

3. norms of civility and open-minded debate (We talk and listen even when we disagree profoundly)

4. A well-informed citizenry (Citizens know about the history of their country, their system of government, and challenges ahead)

What things have contributed to the decay of Canada’s public sphere? 

• Technological shocks (the rise of the Internet, social media, and global communication platforms) transform how news/ideas are circulated

• Foreign-owned tech companies (Google, Meta, etc.) now dominate Canada’s news flow, eroding national boundaries of discussion (e.g., Bill C-18)

• The news agenda shifts rapidly online, often caught up in trying to "clickbait", and exhausting people’s attention. It further hinders the ability for citizens and leaders to deliberate 

• Canadians’ knowledge of their own history and government is surprisingly low alongside increased connectivity with American realities. 

• Professional journalism is collapsing (with news revenues and newsrooms shrinking)

What does Roberts mean by “the boundaries of the Canadian public sphere have eroded”?

The boundary is fading, because of foreign actors. Foreign actors play a larger role within it, setting the agenda and terms of debate (through domination of technology), than they did forty years ago

How is Canada’s agenda growing unstable?

Technological change has undermined the ability of any set of actors to set a policy agenda that persists. It is more difficult for citizens to formulate opinions when the shortlist of important issues that they are supposed to think about changes constantly, so citizens stop trying to formulate opinions when they lack clear signals about what issues matter most.

What is the “web of rules” concept? 

The increasingly entangled network of rules, regulations, and approvals in the public service that have hindered adaptation and political innovation 

The civil public service

non-political, professional workforce of the Government of Canada, responsible for implementing policies and delivering services to Canadians

What are federal public servants’ role in adaptability? 

1. Contributing to policy development by anticipating risks, defining problems, and invention potential responses to problems

2. Translating ideas into action

What does Roberts’ say about the web of rules?

While its mechanisms promote integrity and provide oversight, they also encourage a culture of caution that can slow decision-making and discourage innovation 

How has the literal growth of the political service hindered adaptability and progress?

Cabinet ministers rely on hundreds of partisan staff (“exempt” employees) for advice and message discipline, slowing the process of putting new strategies into action 

the cycle of monitory democracy

Watchdog reports get media and opposition attention → more pressure to create new rules 

How has the architecture of the public service changed?

More rules and more watchdogs has created a “control regime”

What effect do extensive rules and watchdogs (creating a web of rules” have on adaptability? 

Rules and watch dogs are meant to ensure fairness and accountability, but with so many layers, public servants are pressured to follow every rule precisely creating a volatile political environment, scaring politicians away from making bold choices to move things forward or be innovative 

What could be an example of a policy that creates “public inertia” in equity?

Canada’s Property-Tax–Based School Funding System

• Canada funds K-12 schools heavily through local property taxes + provincial top-ups, so wealthier neighborhoods generate more tax revenue → better-funded schools and therefore better facilities, smaller classes, more support staff, specialized programs

What is Canada’s electoral system?

• A single member plurality (SMP), FTTP system 

• The country is divided into ridings, with one elected representative per riding 

What provinces get a guaranteed number of seats?

• PEI - 4 seats

• NB - 10 seats

• Each territory gets 1 seat

Canada’s fixed elections

Every 4 years on the third Monday of October (2007), but electoral calendar is not set in stone b/c parliament can technically dissolute anytime (5 yrs max)

Most common alternative suggested to Canada’s PR system

• Single transferable vote = multi-winner electoral system in which each voter casts a single vote in the form of a ranked ballot 

  • Voters have the option to rank candidates, and their vote may be transferred according to alternative preferences if their preferred candidate is eliminated or elected with surplus votes 

• Mixed member proportional = voters get two votes, local candidate and a party vote

  • Party seats are then adjusted to reflect its share of the vote 

EBRA (electoral boundaries readjustment act)

1985 - Transferred map drawing from politicians to independent, non-partisan map drawing commissions in each province 

Why was EBRA created

So that the public could have a say

• Every commission holds open hearings and public can accept/reject written submissions on its initial set of proposed maps to (possibly) produce a second set of maps that would then be sent to MPs  

How are electoral boundaries readjusted?

Based upon population size from the last census (every 10 yrs)  

Example of boundary readjustment

• The city of Toronto shifted from 25 -> 24 seats in 2022

• Ontario gained one seat due to population growth but the boundary-drawing commission found that population growth in the city of Toronto between 2011 and 2021 was slower compared with other parts of Ontario, so the extra seat went elsewhere  

Constituency/riding

The bloc of voters in an electoral district who elect a representative to the governing body 

Total population (geographically-defined) riding drawing

Speaks to a riding as a critical part of the electoral process 

• Even people who can’t vote (children, non-citizens) are counted because MPs represent everyone in the riding

• Shifts the focus from voters to MPs and their responsibilities as elected representatives of the entire riding, regardless of ability to vote 

Number of electors (representational) riding drawing

Looks beyond total population to its representational role 

• The riding is thought of as a unit for voting, not the whole geographic area 

• Representation is tied to the idea that only voters participate in choosing MPs, so they should be the ones counted

• Justified on grounds of civic responsibility, meaning the responsibility of voting (according to citizenship and age) should be counted in the construction of the constituency 

Franchise

Term that denotes the right to vote in elections for members of Parliment, provincial legislatures and municipal councils

Disenfranchisement

The restriction of suffrage, which can be done by legal means or informal means

Independent Electoral Boundary Commissions  

Bodies in each province that draw federal constituency maps, hold public hearings, revise proposals, and make decisions on the re-drawings 

John Courtney

A general member of the electoral commission in Saskatchewan 

How are the members of a commission selected?

The chair is a judge (appointed by chief justice of the province/territory) 

• 2 other General members are drawn from ranks of universities or civil service, as John Courtney was 

What is the redistricting process? 

• Members sit down with a map of the existing districts 

• Considered variables: population shifts, historical patterns, geographical size, public input, communities of interest 

• Public hearings are held on redistricting  

• Politicians may sometime use members of the public to advance their cases 

Population vs. electors debate

should ridings be built using total population, or only elegible voters?

Malapportionment

When ridings vary too much in voter population, leading to unequal voting power; more likely under total population counts when non-voter populations cluster geographically 

Lortie commission (1989-1991)

Appointed by federal govt. in 1989, Recommended more frequent redistributions and shifting from population to number of electors to improve voter equality and reflect rapid population change 

Community of interest

A principle MPs cite to defend population-based boundaries, arguing they must represent all residents (including non-voters) 

Service burden of MPs

MPs from immigrant-heavy urban ridings oppose elector-based boundaries because they serve large numbers of non-citizens who still seek casework help, gaining public recognition

Digital mapping

Courtney says that new technology enables faster, more accurate boundary design with more alternatives and potentially more public participation 

Naming constituencies

Conflict between commissions and MPs; MPs often override commission districting via private members’ bills 

What is the cost of commissions?

Generally low; commissions cost only cents per voter and are considered cost-effective despite variation across provinces

What is gerrymandering?

The manipulation of constituencies boundaries by partisan actors to turn elections in their favor  - which the EBRA was created to counteract

What are some examples of barriers to enfranchisement?

• Restrictions on voting for incarcerated people (2002 Sauvé v. Canada)

• District boundaries split communities

• Urban underrepresentation

What is elections Canada’s role in the redistricting process?

Mostly provides administrative support to Commissions and implements new boundaries

Wartime Elections Act (1917)

Temporarily expanded the vote to female relatives of soldiers and disenfranchised many immigrants from “enemy” countries

Dominion Elections Act (1920)

Created a uniform federal franchise and ended partisan manipulation of voter lists

Indian Act (1876)

Canada's first consolidated federal law controlling First Nations peoples, designed to assimilate them by defining "Indian" status, managing reserves, and imposing control over their lives, leading to forced cultural loss, loss of status through enfranchisement

Charter Section 3 (1982)

Guarantees every Canadian citizen the right to vote and run for office

Sauvé v. Canada (2002)

Supreme Court ruling that struck down all federal and provincial restrictions on prisoner voting