Rather than actually reading Stephen Harper's comments, O'Brien resorts to holding up yet another of his convenient straw men, the "centralizing Liberal." He then tosses in a link to a piece by Gordon Gibson that speaks of changes in the Canadian federal system that are coming about or that need to come about.
These are two completely different arguments and it is hard to see how O'Brien glues the two of them together.
On the one hand, we have Stephen Harper who trots out a series of hoary old myths about Quebec and the 1982 constitution and appears to promise Quebeckers a full recognition of their distinct society in a fashion the Brian Mulroney tried during the entire Meech Lake mess.
On the other hand, we have Gibson. In a November 2004 article for the Institute for Research in Public Policy, Gibson argues that "most importantly, in Paul Martin we appear to have a new prime minister who is prepared to take the more conciliatory (and successful) approach of Lester Pearson, rather than the confrontational Trudeau/Chretien path." We can forgive Gibson for ignoring the different historical context of those two periods, but note that as Gibson writes, the Canadian federation is indeed profound, unstoppable and a joy to behold.
What Gibson is talking about, though, is decidedly different than what O'Brien and, apparently, Harper have in mind. O'Brien in particular holds to a view that there are only two sides to this debate. On the one hand are the vile ones, those who supposedly argue for turning Canada into a unitary state in which all power rests in the federal government.
On the side of Liam's Angels are those who would see provincial governments become independent or nearly so.
The flaw in O'Brien's construction is revealed by the rhetorical question he poses: "What's wrong with recognizing provincial autonomy?" Under the Canadian constitution, the provinces are sovereign - they are autonomous - in matters of a local and private nature. These are laid out in Section 92 of the 1982 Constitution Act.
By the same token there are other areas, outlined in Section 91, that are exclusively federal jurisdiction. There are others that overlap, and where, oftentimes there are differences of opinion between the two orders of government.
O'Brien's argument sees the entire matter of federal-provincial relations as being about transferring more of the Section 91 powers to provinces, as in the Harper/Mulroney approach. He ignores completely any discussion of any other rearrangements of federal provincial relations.
And in that, we reach the root of his point and find it rotten.
Harper and O'Brien only allow that Canadian politics is about 11 or so actors, namely the federal government and the various provincial and territorial ones. Ultimately, however, constitutional debates are about how the 30 million Canadians from coast to coast wish to be governed and, more importantly, how they wish to apportion responsibilities between two orders of government established in the Constitution Act.
As individuals and as a nation, we are shaped by what has occurred before. It is simply ludicrous to reject a criticism of Harper resurrecting Meech Lake simply because Meech Lake happened while some writers were still in grade school. Were he to take some time to read some history of these matters, O'Brien would discover that the same issues have been discussed, argued over and at times resolved many times in the past half-century and more. Perhaps he has; it just isn't evident in his arguments.
Were he to take some time and delve into some older writings, O'Brien would see that his characterization of the constitutional problem and some of the key actors is based on something other than fact or the words of those he would demonize.
For example, in a 1965 essay entitled "Quebec and the constitutional problem", Pierre Trudeau wrote:
"I do not consider a states political structures or constitutional forms to have absolute or eternal value....History teaches that diversity rather than uniformity is the general rule in this land....Even though our country is young, it has a history, and has lived through some profound experiences that have left their mark upon it, and which it would be vain and childish to ignore."
or later in the same essay:
"To my mind, neither Canada's present constitution nor the country itself represents an eternal, unchangeable reality. For the last hundred years, however, this country and this constitution have allowed men to live in a state of freedom and prosperity which, though perhaps imperfect, has nevertheless rarely been matched in the world...."
Pierre Trudeau, "Quebec and the constitutional problem",
in Federalism and the French Canadians, Toronto: MacMillan, 1968. p. 6.
in Federalism and the French Canadians, Toronto: MacMillan, 1968. p. 6.
So much for the idea that Trudeau and, some time later, Liberals advocate(d) a unitary state.
In fact, Gordon Gibson, who was an aide to then-prime minister Trudeau, is following much the same approach of his own boss in Gibson's comments on federalism under Paul Martin. The Canadian federation is evolving. Far better for us to adjust the relationship between the federal government and the provinces in some fashion than to ignore it or worse, tinker with it based on some simplistic notions.
Were we to go to the full extent of this constitutional evolution, we might consider giving municipalities some constitutional recognition rather than leave them as creatures of the provincial governments. We might consider in the course of our constitutional reform discussions that given the size of the country and the disparities among areas of provinces - Newfoundland versus Labrador, for example - we, as Canadians, and we, as Newfoundlanders or Labradorians, might be better served to create more provinces rather than fewer ones.
In the matter of fisheries, for example, we might consider doing something profoundly different rather than just shifting more power over fisheries issues to a bunch of provincial politicians and bureaucrats who themselves have proven no more wise in their actions than the federal ones O'Brien routinely accuses of perfidy and worse.
This an area into which O'Brien, and presumably Harper do not wish to go. It does not fit their world in which the constitution of our country involves only the dozen or so first ministers and the world is a better place when a Brian Tobin or Tom Rideout can head off to meetings at the United Nations.
The extent to which Harper's constitutional musings appear as mere vote-buying can be seen perhaps even more clearly in his proposal to elect senators than in his old Mulroney paraphrases. Harper simply wants to keep them as they are but let the provincial premiers decide whether or not to elect them and how they should be chosen.
By stark contrast, Harper's old party, the Reform Party, adopted a modest proposal to create in Ottawa a senate that was elected, equal in representation from all parts of the country and effective in its powers. This is the only sensible way to correct the political imbalance within the federal government since it recognizes that individual Canadians are ultimately those to be represented, not the 10 premiers. It recognizes that the response to regional frustrations is to balance the political powers within the federal government, as opposed to handing out more cash and power to provincial premiers.
Rather than recognizing that all provinces are equal in and of themselves as provinces, Harper's reforms would actually entrench the same political imbalance that sees the more populous areas of the country dominate the federal government. Rather than tackling the frustrations of Albertans and Manitobans and Newfoundlanders and Labradorians, Harper's cheap fix of electing senators on the existing basis merely gives Ontarians and Quebeckers and British Columbians a disproportionately larger number of elected representatives - and hence power - in Ottawa than they ought to have.
By the same token, Harper would condemn the frustrated to their current lot. Electing senators may be a simple thing, as Harper says, but simple is not always best or even good enough.
While it is sure to infuriate some, one cannot help but quote another section of Trudeau's essay from 40 years ago to find an elegant riposte to the constitutional dabblings of one national party leader during this election:
"And so I cannot help condemning as irresponsible those who wish our nation to invest undetermined amounts of money, time and energy in a constitutional adventure that they have been unable to define precisely but which would consist in more or less destroying Confederation to replace it with some vague form of sovereignty resulting in something like an independent Quebec, or associate states, or a "special status", or a Canadian common market, or a confederation of ten states, or some entirely different scheme that could be dreamt up on the spur of the moment..."
To paraphrase an earlier version of Stephen Harper than the one he is currently peddling, on constitutional matters, Canadians deserve infinitely better than what the Conservative leader has proposed.
[Liam O'Brien's lengthy addendum to his original post, at responsiblegovernmentleague.blogspot.com, adds nothing to the discussion. It's worth reading if only to see how difficult it is for Harper defenders to come to grips with the constitution and the challenges we face as a country.]
