Public Management 3 Flashcards

1
Q

Indigenous peoples are ___ of state administration

A

objects

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2
Q

S. 91(24) of the constitution act 1867 Does what

A

gives the federal government power over “Indians and Indian lands”

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3
Q

Sweegenerics (idk spelling) rights

A

First peoples have rights for being here first

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4
Q

What does crown-indigenous relations and northern affairs Canada (CIRNAC)

A

status Indians
Administer the Indian act, treaties, renewing nation-to-nation relationships

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5
Q

Indigenous services Canada does what

A

support delivery of services to indigenous communities
Address socio-economic conditions to indigenous communities

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6
Q

Three types of indigenous peoples

A

First Nations (neither Inuit or Métis) covered by Indian act
Inuit live in Inuit nunangat (northern Canada) reference re eskimos (1939) S. 91(24)
Métis (contentious) Daniel’s V. Canada (2016) S. 91(24)

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7
Q

Population of indigenous peoples before colonial arrival

A

500,000 to 2 million

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8
Q

Diversity of indigenous people

A

50 cultures and 12 languages
High equal Athapaskan to slave owning in the prairies
Fluidity of practices
Complex political systems

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9
Q

Pre-colonial contact of decision making

A

oral histories
Distinct form of governance

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10
Q

Iroquois confederacy governance

A

representative council of chiefs and grand council of five nations

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11
Q

Indian-white relations

A

British Indian Department (1755)
French crown creates reserves and leaves it to jesuits to manage indigenous allies
War as basis of administrative relationships

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12
Q

Royal proclamation of 1763

A

pen to paper on British Indian policy
Negotiations and settlement, recognition of nations, treaties
Only the crown can settle west of Appalachians and only crown can negotiate a treaty, must get treaties
Recognized in section 25 of charter

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13
Q

Indian intendents

A

appointed to oversee indigenous relations due to European encroachment

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14
Q

Administering the “Indian problem”

A

end of war of 1812 and the end of the British-indigenous alliance
Indian department shifts to civilian control (from military control)
Geo-economic shifts in fur trade
Policies of assimilation and civilization

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15
Q

Reserve policies

A

Francis bond head proposes relocation of indigenous people to manitoulin island
Act of protection of Indians to upper Canada and reserves as crown lands
“Civilizing experiments”

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16
Q

Administering indigenous people 1850-1867

A

war is over so indigenous people are not needed anymore (especially with the end of the fur trade in Ontario and Quebec)
Gradual civilization act 1857 (no longer people, until civilized)
Upper Canada encroaches
Lower canadas act of better protection of the lands and the property of the Indians in lower Canada 1850 (first description of “Indians”)

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17
Q

Groundwork for the administration of indigenous people

A

crown lands department and superintendent of Indian Affairs
Then given to Secretary of State
Then moved to interior
Then moved to mines and resources
Moves to citizenship and immigration and finally designated as Indian affairs and northern development

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18
Q

Policy after confederation

A

gradual enfranchisement act 1869
Codifying assimilation and enfranchisement
Electing band councils

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19
Q

Indian act

A

ensures consistent Indian policy
Protection and assimilation as (opposing) policy objectives

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20
Q

What does the Indian act do

A

governing band councils administer local affairs
CIRNAC must endorse resolutions
Bands manage membership, but not Indian status
Indian status 6(1) and 6(2) Indians

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21
Q

6(1) Indians

A

Full blooded defined by law

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22
Q

6(2) Indians

A

mix blood defined by law

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23
Q

6(2) Indian marries a non-indigenous person and has a child

A

the kid will not be indigenous by law

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24
Q

How does indigenous administration really work

A

CIRNAC programming and funding to recognized bands to status Indians
Band councils as managers rather than decision makers
Guardian-ward model now principal-agent model

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25
the Indian agent
1876-1950 De facto head of the reserve The pass system (you cannot leave or sell any goods unless the Indian agent says so)
26
1950-today financial agreement
Contribution agreement (1950-1980) single year and single purpose, capital projects or programs, strong accountability and no band autonomy Contribution funding authority bottom-up funding, sent receipts for reimbursement, unspent expenses returned to crown, disallowed expenses owed to crown. Comprehensive funding agreement primary funding mechanism, yearly budgeting, three funding authorities: contributions, flexible transfer payments, and grants
27
Attempts at changing the relationship of admin with indigenous peoples
white paper of 1969 Special parliamentary committees on Indian government and the Penner report (1982) Nielsen task force (1984) and community based self-government program Program review (1994) and “Indian monies” Federal accountability act (2006)
28
Land claim process
Treaty process between 1725-1923 Treaties cede control over traditional hunting and fishing territories to the crown in exchange for reserves Defines hunting and fishing rights Small grants per status Indian Calder v. British Columbia (AG) (1973)
29
Two types of land claims
specific claims as the non-fulfillment obligations Comprehensive claims based on aboriginal title that have bit been dealt with by other means Office of native land claims Specific claims tribunal
30
Context of public sector reform
Fiscal crisis of the state Remoteness and unresponsiveness of the public sector Rising taxation and poorer services Declining confidence in the public sector
31
Why do some ideas of reform win and others lose
problems require solutions Simple ideas Packaging and selling ideas to constituents
32
What is new public management (NPM)
infusing government with entrepreneurial spirit Private sector as source of inspiration Measurable outcomes and results based “Let the managers manage” Separate policy and politics Horizontal management
33
The origins of NPM
Anglo-American countries liberal political philosophy and state action Shrinking government Thatcher 1979 victory Clinton-Gore national partnership for reinventing government Osborne and Gaebler’s reinventing government
34
Osborne and Gaebler’s reinventing government
post-bureaucratic paradigm Client-focused Service-oriented “Do more with less” Service delivery and the private sector Catalytic government (proactive over reactive) Market-based innovation Consumer rather than citizens Outputs over inputs Horizontal management
35
Reforms under NPM
reduce the size of the state Restructure government Implementing horizontal-style management
36
Debate about NPM for
optional reform Clarifying lines of responsibility Respond to public demands Culture of customer service Encouraging reflexivity in public sector, community empowerment Establishing quality control Igniting public debate about proper role of government
37
Debate about NPM against
Belief that it solves all problems Ignoring difference between public and private sector Understates government as force for good Cartoons of public sector action Evolution rather than revolution in public sector Compromises state embeddedness Private sector selectiveness
38
Canadian experience with NPM
Used by provincial and municipal governments than federal Circumstantial necessities and slower federal uptake Alternative service delivery and micro- and meso- level reform Limitations of macro-level reforms
39
Contextualising reform in the federal public sector
administrative efficiency Commission to inquire into the public service (1912) Glassco commission (1960) Lambert commission (1979) Productivity improvement program (1983) Ministerial task force on program review (1984) Increased ministerial authority and accountability (1986) PS2000
40
Lambert commission
excessive oversight restricts success Accountability has fallen Deputy ministers should be assessed like private executives Lines of accountability Rejected by Trudeau government
41
Chrétien years 1993-2003
Public sector reform and deficit reduction
42
Reform under Martin 2003-2005
Transparency, quality, efficiency, e-government service delivery, management accountability framework (MAF)
43
Reform under Harper 2006-2015
Accountability, expenditure management, improved service delivery Federal accountability act and MAF public seventies disclosure protection act Public sector integrity commissioner Values and ethics code Renewal initiative Blueprint 2020
44
What does digitalization mean for public management
“Digitalization” shorthand for governments adopting information communication technologies (ICT) Information conversion Transforming government operations through ICT
45
Sources of digitizing public sector
E-commerce as the model for e-government Private sector transformations and public sector pressures Increasing convenience Cost savings
46
Governance models of digitized government
Traditional public authority (top down approach) New public management (private sector approach) Public values management
47
Types of digitized government
Information Transactional services Developmental services
48
E-government’s transformative impacts on the public sector
Client centred services Information as a new government resource Routinised digital platforms Changing accountability and management practices
49
Canadas journey towards e-government
Access to information act (1983) Government online (1999-2006) Open government Canadian digital service Canada.ca Canada’s digital strategy (2021)
50
Who does what (even if no one knows what’s going on)
Treasury board (sets standards) Office of the chief information officer (within treasury board) Canadian digital services (assist departments with user experience) Shared services Canada (modernize IT infrastructure and cybersecurity)
51
Problems with implementing e-government
Societal and workforce competencies Political consequences of going paperless Digital divides Cost overruns and consultants Lack of political gain for politicians
52
53
Understanding public concerns over accountability
Citizen sensitivity to mismanagement and conflicts of interest Eroding public confidence Public expectations assurances 24/7 news cycle Social media
54
Accountability meaning
Liable for actions Following procedures Decisions backed by substance Procedural accountability Substantive accountability
55
Approaches to accountability, rules based
Hierarchies of authority Tracing decisions Chains of command and responsibilities
56
Approaches to accountability, self-regulation
Internal wisdom of bureaucrats Developing organizational cultures
57
Forms of accountability, objective
Rules and regulations Codified lines of accountability Obligations Communications Who is in control
58
Forms of accountability, subjective
Moral frameworks Feeling responsible for a decision What’s responsible vs what’s legal
59
Lines of control, formal
Chains of command Officials recognize their obligations and responsibilities Disciplinary procedures
60
Lines of control, informal
61
Real world of accountability
Prwctices of linkages to officials Individual ministerial responsibility Collective ministerial responsibility Voters and parliament Judicial review Acting with democratic norms in mind
62
Types of accountability
Political responsiveness: ministerial responsibility, bureaucrats duty to ministers Social responsibility: administrative law, tribunals (judicial review and statutes), interpretations and change Social responsiveness: aligning policies with public sentiments and “public interests” on subjectives
63
Judicial deference
Courts trust that experts know what they’re doing. Checking if decision was reasonable and procedurally sound
64
What are ethics
Appropriateness of actions Contextual Justness at decisions Public interest superseding private interests Fidelity to laws Respecting liberal democratic ideals
65
Scandals: proud Canadian traditions
Financial misappropriation Using public office for peculiarly gain Strong government business links Social networks and elites
66
Making government accountable and ethical
Financial management Risk management Lines of responsibility: ethical reform Public participation Freedom of information Ombudsman office Special officers
67
Freedom of information information
Only a request Cabinet confidentiality blocks all things that pass through cabinet Personal business confidentiality (public private partnerships are also blocked) Intergovernmental conferences such as first ministers conference Excludes crown agencies, contractors, and tribunals $5 only covers 5 hours of searching and other charges pile up quickly
68
Ombuds officers
Investigate claims of governments performing unfairly against citizens or other groups Have no legal authority Sectors such as health and education are excluded
69
Special officers
Enforce standard of the government Comptrollers build organizational systems of culture and responsibility
70
Departmental and Agency Audit Committees (DAACs)
Internal systems of control and deputy heads Independent Madge up if academics, ex public servants, private sector actors Chief audits are organizationally independent as opposed to deputy heads who are a part of the organization Comptroller general involved with horizontal and sectoral audits
71
Accountability and ethics in Canada
Glassco commission and improving management Lambert commission and financial planning Modern comptroller ship initiative (1997) Results for Canadians (2000) Ethics codes and conflicts of interest Treasury boards chief Human Resources officer and ethics enforcement
72
Sponsorship scandal and the (re)turn to accountability and ethics
Sponsorship program and the PMOs violation of lines and accountability Chuck Guité and Allan Cutler Irregularities in procurement and public works and government services Canada Alphonso Gagliano and partisan considerations Inquiry into sponsorship program and advertising activities and justice John Gomery
73
Gomery inquiry on sponsorship scandal
The cabinet did not bear responsibility because the sponsorship program was run out of the PMO Resolution: assign clearer accountability to politicians and public servants and rebalance the power of the executive and the legislature Lobbyist registrar reports to parliament + fund the registrar
74
After Gomery: Paul Martin’s Reforms
The office of the ethics commissioner Values and ethics code for public servants DAACs
75
Harper government and federal accountability act (FAA)
Enhance transparency Increase accountability Establish honest government
76
FAA and the public service
Independent oversight offices Office of the conflict of interest and ethics commissioner The conflict of interest act The conflict of interest code to members of the House of Commons The public servants disclosure protection act and the office of the public sector integrity commissioner Values and ethics code for the public service
77
Accountability under Trudeau
Open and accountable government Aga Khan scandal SNC Lavalin affair WE charity scandal
78
What do staffers do
Political advice to ministers Formulation and policy Party membership as usual condition of employment Complementing technical advice with political advice Variety of staffers: policy, issue management, parliamentary affairs
79
Are staffers trained
Treasury board’s policies for ministers offices and the roles of the chief of staff, directors, and special assistants PCOs governing responsibility : a guide for ministers and ministers of state No actual training, you learn on the job and turnover is high
80
Limits on staff
One chief of staff, director of policy, etc. Budgets for staff must be approved by treasury board
81
Origins of political staff
Minimal staff until Pearson Why has staff size grown? Expansions of government activity Complexities of portfolio Chiefs of staff as counters to the public service
82
Importance of staffers
Minister time constraints “Nu surprises” environment Policy as inherently political act and ministers priorities Political entrepreneurship “Putting out fires” New public governance and staffer’s indispensability
83
Models of what staffers do
Collaborative model, gatekeeper model, triangulated model
84
Collaborative model for staffers
Cooperative relations Tendering advice jointly to ministers Advisers lack authority
85
Gatekeeper model for staffers
Advisers interposing themselves between ministers and public servants
86
Triangulated model for staffers
Advisers and public servants giving separate advice to ministers Compartments of advice Technical and political advice
87
Vertical work of staffers
With departments Broaden the courses and contests of policy advice Relieving political pressure on public servants Giving directing vis the wink-nod relationship Transforming Rome of deputy minister to crisis management and blame avoidance
88
Importance of spin and control
Comms operations Ministers’ director of comms and press secretary Comms as the domain of staffers and public servants Building the brand of a government Departments as extensions of the PMO
89
Horizontal work of staffers (how they work with each other)
Work within the core executive and collective ministerial responsibility Mobilizing support for a ministers policies Anticipating the ministers views Core executive connecting offices and staffers “Four corners” meeting (PMO, PCO, ministerial staff, public service)