Unit 6 - Multi-Level Governance

Question 1

What is federalism?

Answer 1

Federalism is a political system in which government power and responsibility is divided between a federal legislature and a number of provincial legislatures
- Federal political institutions are designed to channel and influence the articulation of diversity and unity
- The genius of federalism lies in its ability to foster differences within the units without enabling those differences to combine in a monolithic whole that threatens the existence of the federation
- Canada is a federal system of government whereby the constitution divides the authority to make laws between the national government (government of Canada_
and sub-national governments (provinces and territories)

• existence of the federation

Question 2

What are federal systems meant to do?

Answer 2

• Designed to disperse power in a way that benefits citizens
• each level of government is sovereign with constitutionally defined areas of jurisdiction
• ## No level of government may abolish another level of government

Question 3

Who ensure that a government does not abolish another level of government?

Answer 3

The judiciary

Question 4

What is the federal political institution designed to do

Answer 4

Is designed to channel and influence the articulation of diversity and unity

• in a well-functioning federal system, the peaceful articulation and accommodation of differences within existing structures serving all of society is critical
• achieving and maintaining a flexible balance between diversity (federalism, multiple communities) and unity (the political whole, a binding community)

Question 5

What is the challenge of the federation?

Answer 5

To reflect and recognize differences that exist within the federation and citizenry rather than negating or suppressing them, and to encourage a different group to recognize their bonds with similar groups as well as their common interests with different groups throughout the nation

Question 6

Federalism is important for six important ways, what are they?

Answer 6

1) Each level of government is sovereign with its own area of jurisdiction
- Policies created in one level of government can have an impact on the other
- while there is a constitutional division of power, neither level of government can operate in isolation from the other
2) Policy making has become more complex, policy coordination among the government across Canada has become more essential
- formal intergovernmental agreement to manage key areas like immigration, agriculture, health
3,4 & 5) Speak to benefit federalism
- national objectives ensure that each Canadian gets treated equally
-provincial differences encourage policy innovation ad creativity with best practices emerging that may be then implemented in other jurisdictions
6) The types of federal arrangements matter to public administration
- Canadian federal system relies on constitutionally defined powers for both levels of government and assigns any residual powers to the federal government

Question 7

What are some of the outcomes and impacts of the Case of Assisted Dying

Answer 7

• The report outlines the need for a pan-Canadian approach much more elaborately
• Successful implementation may ultimately depend upon achieving a federal-provincial-territorial accord for medical aid in dying with consistent provincial regulation
• There are significant differences in the ways the practices are being regulated and administered
• the federal legislation allows the provinces and territories to add conditions around consent, BC and Manitoba have done so

Question 8

What is the final analysis of the Case of Assisted Dying?

Answer 8

• The case demonstrates how diversity an unity combine to respond to emerging citizen needs
• the SCC responded to a pressing complex social problem by creating the need for the federal government to act but also by reminding the two levels of government of the need to act together according to their capacities
• legislative preamble is a powerful statement of Canadian values emphasizing personal autonomy, robust safeguard, the inherent value of every person’s life, protection for vulnerable persons who might be induced into a regrettable action, recognition of the harms of suicide

Question 9

What is multi-level governance?

Answer 9

• the federalist debate focuses on the relationship between the centre (federal level) and the periphery (provincial level)
• Examines the dispersal of power upwards towards supranational organizations, downwards towards regional and local governments and perhaps most important across to the other state and non-state actors

Question 10

What is spending power?

Answer 10

While it is not listed in the formal written constitution, the spending power is the convention that if the federal government has money to spend, it has the authority to do so in an area of provincial jurisdiction
- Allocated to the federal government
- allows the federal government to make payments to citizens or other governments even if the topic is not under its jurisdiction
Ex. Health and pharmaceutical drugs
- what allows equalization payment to occur whereby federal government provides funding to poorer “have not” provinces to ensure there are similar levels of access to critical programs including health and education
- Federal government provides vital funding to ensure that the province comply with certain conditions in order to receive federal government

Question 11

How does the federal and provincial/territorial government coordinate?

Answer 11

Ministerial meetings or Federal/Provincial/Territorial agreement

Question 12

What are ministerial meetings?

Answer 12

When ministers meet on a certain topic that require coordination, and ministers from the federal and provincial/territorial governments discuss the issues and how to resolve them

Question 13

What is a federal/provincial/territorial agreement?

Answer 13

Where all government enter into an agreement on how to work together in certain areas
Ex. Immigration

Question 14

How does the Canadian constitution divide the powers to the federal and provincial/territorial governments?

Answer 14

Section 91 and 92 of the Constitution Act (1867)
- these two sections assign responsibilities to the federal and provincial/territorial governments
- there are some areas where both the federal and provincial governments hold concurrent jurisdiction
Ex. Agriculture

Question 15

What is S. 91 Constitution Act, 1867?

Answer 15

Gives the federal government control over such aspects as census, statistics, banking, currency, postal system, unemployment insurance, military and marriage

Question 16

What is S. 92 Constitution Act, 1867?

Answer 16

Gives provinces/territories control over such aspects of education, health, welfare and charities

Question 17

How does Cornell describe the process of reclaiming Indigenous self-governments?

Answer 17

3 sets of activities

1) Identifying as a nation or people (determining who the appropriate collective “self” is in self-determination and self-government
2) Organizing as a political body (not just as a corporate holder of assets)
3) acting on behalf of indigenous goals (asserting and exercising practical decision-making power and responsibility, even in cases where central government deny recognition)

Question 18

What is the Indian Act?

Answer 18

Was established in 1876

• created a legal person called “Indian” with a set of right defined by the act
• created reserves, Indian Bands, Indian Band Members and Indian Band Councils
• set out the process and regulations for the creation of Indians and Indian Band Members as well as some of the basic rights or band members
• all Indians were members of a band and has the right to reside on an Indian reserve, to vote for members of an Indian Band Council, and to benefit from government programs designed for Indians
• Indian women who married non-Indians ceased to be Indians, and non-Indian women who married Indian men became Indians under the act
• the definition of Indian was tied to the cultural ancestry as evidence of linkage to the Indian community

Question 19

What is the importance behind “Indian” citizenship?

Answer 19

From a First Nations perspective, who is and is not recognized has implication for local service delivery
- from a Government of Canada perspective, the issue affects discussions of resource planning and allocation for First Nations governments as well as the overall relationship between First Nations and the Crown

Question 20

What is Bill C-31?

Answer 20

An act to amend the Indian Act

• 1987, Indian Bands were given authority to determine their membership rolls while the department maintained its authority to determine Indian Status
• Also gave right to those who lost their status to regain in

Question 21

What it the Canadian Citizenship Act of 1947?

Answer 21

• Denied citizenship to many Indians
• a 1956 amendment enabled all Indians to become citizens retroactive to 1947
• Indians since 1947, have been able to hold Canadian citizenship as well as Indian Band Membership
• First Nations is the new term used to describe Indian Bands
• First Nation members must consent to the development of a code and then approve it by a majority vote (subject to Canadian Human Rights Act)

Question 22

What has become important to indigenous governance and why?

Answer 22

First Nations Citizenship and must be consistent with the provisions of the United Nations Declaration of the Rights of Indigenous Peoples

• Federal funding is based on the size of the status Indian population
• non-members and non-beneficiaries have limited rights within the territories over which Indigenous governments have authority

Question 23

What is the Hawthorne Report?

Answer 23

1966/1967

• States that Indians are Charter members of Canada and are citizens plus
• Have more rights than non-indigenous

Question 24

Define how the term Aboriginal is meant to be used today?

Answer 24

Constitutional term describing the collectivity of original inhabitants of Canada as Indians, Inuit, and Metis

Question 25

Define the term First Nations?

Answer 25

Term that came into use following the Dene Declaration of Nationhood

Question 26

What are four examples of the Development of First Nations Citizenship?

Answer 26

1) Fort William Band First Nation
- Developed for an Indian Band using section 10 of the Indian act
2) Nisga’a Nation
- a code developed as a result of modern treaty
3) Anishinabek Nation
- an example of an attempt to create a larger nation from a group of Anishinaabe First Nations
4) Qalipu Mi’kmaq
- demonstrated the development of a code for a group of people who have not been recognized as status Indians and who are in the process of creating a modern landless Mi’kmaq nation

Question 27

What has been the result of the development of Indigenous governance?

Answer 27

Over the last four decades, there has been a shift from Indian Act definition of Indians and Band members to definition grounded in Indigenous conceptions of their own identities and collectivities as first nation citizens
- indigenous nations are increasingly defining their own membership using the language of citizenship , important as first nations continue to develop and enact their own self-government regimes

Question 28

What is the policy implement and announced by former Minister of Justice Jody Wilson-Raybould

Answer 28

Principles Respecting the government of Canad’s relationship with Indigenous peoples
- the government of Canada is committed to achieving reconciliation with Indigenous peoples through a renewed, nation-to-nation, government-to-government, and Inuit-Crown relationship based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change

Question 29

How will reconciliation be guided?

Answer 29

By the United Nations Declaration on the Rights of Indigenous People, the Report of the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission: Calls to Action

Question 30

What is the role of provincial governments?

Answer 30

Control functions, finances, and even the very existence of local governments within their jurisdictions

• each has a ministry dedicated to municipal affairs and a minister who is responsible for managing the business of local government and at least one accompanying general law, or statue, that established basic rules for municipalities
• Rely heavily on income and sales tax
• control the composition if municipal authority, the shape of local boundaries, the scope of serving responsibility, and the ability of municipalities to raise and spend funds

Question 31

What is the role of municipalities?

Answer 31

• Interact with local and provincial special purpose bodies (school boards, conservative authorities, and local health)
• Almost entirely depend upon property tax (50 %)
• others: User fees (recreation fees, parking charges), transfers from senior levels of government, property tax
• In recent years, many have called upon provincial governments to give municipalities more power and fiscal authority
• Responsible for a range of vital services (protection, roads, public transit, environment, planning & development, health, social services, recreation & culture
• these services dictate and determine how we go about our communities

Question 32

Why is public administration in a municipal setting challenging?

Answer 32

Many services involved but have limitations to their authority and in their revenue capacity