Strengthening the ties that bind? An analysis of aboriginal–municipal inter‐governmental agreements in British Columbia

Abstract: Despite a rich and well‐developed literature on Canadian federalism, multilevel governance, and aboriginal–settler relations, scholars have tended to ignore the variety of inter‐governmental agreements that have emerged between aboriginal and municipal governments in Canada. This article examines ninety‐three such agreements to construct a typology of aboriginal–municipal inter‐governmental partnerships in British Columbia. It finds that over time there has been a shift from mundane, service‐provision agreements towards more collaborative, cooperative and sometimes decolonizing, horizontal and multilevel governance partnerships. As a result, the authors suggest that scholars study these agreements to further explain and understand the evolution of aboriginal–settler relations and multilevel governance in Canada.     

Commissions of inquiry and policy change: Comparative analysis and future research frontiers

Canadian governments have spawned hundreds of federal and provincial commissions of inquiry (COIs). Many scholars have completed in‐depth analysis of particular COIs but less attention has been paid to policy impact and comparisons across COIs. This study addresses the following questions. What role do COIs play in policy change? Would policy change likely have occurred without the COI? Why do some COIs result in policy change and others do not? This analysis reports on findings from in‐depth case studies of ten COIs. It uses a theoretical framework focusing on ideas, institutions, actors and relations to examine whether and how COIs lead to policy and administrative change.     

Comparing accountability relationships between governments and non‐state actors in Canadian and European international development policy

This article examines the alignment of different governance arrangements and alternative accountability mechanisms in international development policy making in Canada and the European Union (EU), with a particular focus on relationships between governments and non‐governmental organizations. The Canadian case illustrates an entrepreneurial mode of governance that aligns with fiscal auditing and performance management mechanisms, while the networked governance model of the EU relies more heavily on accountability instruments of public reporting and deliberation. The article concludes that the European accountability regime likely provides policy makers with more opportunities for social policy learning but would be difficult to implement in Canada given the underlying action logic of the federal government.     

Research use capacity in provincial governments

Despite advances in research‐informed public policy, research remains underutilized in government. To develop a firmer understanding of governmental capacity to use research in decision making, we investigate Canadian provincial ministries overseeing education, higher education, and science and technology. The findings from semi‐structured interviews indicate that capacity to generate and access research is limited. However, we find evidence of a recent change in which provincial agencies sought to bolster capacity with research use strategies and by leveraging relationships with researchers. Leaders’ support for well‐coordinated research use initiatives also seems critical to instilling a culture of research‐informed decision making in government agencies.     

La capacité d'analyse des politiques au gouvernement du Québec : Résultats du sondage auprès de fonctionnaires québécois

Abstract: This research note complements the work of Howlett et al. on the capacity of Canadian governments for public policy‐making. The new public management wave was driven by the notion of a need for improved service delivery to the population. A number of authors, including Metcalfe, pointed out that the government was then neglecting management in favour of “policy advice.” It was fashionable to show interest in policy but not in management. After decades spent seeking greater efficiency, have we gone too far in the other direction? Do governments have the capacity to develop public policy? Have those responsible for developing public policy received the training they require? This research note addresses the Quebec portion of the Canada‐wide survey on the capacity for public policy‐making. It complements the analysis by presenting the results of the survey conducted among public servants in Quebec. We placed particular emphasis on university education and the retraining of the public servants who work on developing and formulating public policy.     

Federalism and university governance in Canada

There is increasing interest in how universities are governed, externally and internally (Austin and Jones 2016). Drawing on a comparative case study of the governance of six major Canadian universities and the literature, this article describes the impact of federal research and innovation policy and programs on universities and reflects on Ottawa's role. We suggest that the federal government participates in the external governance of universities, but in a way that differs significantly from provincial governments. Canadian federalism appears to be generally beneficial for university autonomy and examination of its operation sheds light on factors that enable universities to sustain their autonomy.     

The National Transportation Act and Western Canada: a case study in co-operative federalism

Abstract. The transformation of the Canadian federal system from classical to co-operative federalism has placed greater importance on consultations between federal and provincial governments prior to the balkation of policy within their respective jurisdictions. There is, however, an absence of case studies that examine the interaction among provincial governments, provin-cially or regionally based pressure groups, Members of Parliament from a particular region or province and the federal cabinet in the formulation of policies in areas of federal jurisdiction. Using the enactment of The National Transportation Act of 1967 as a case study, the paper examines the policy-making process within the Canadian federal system as it affects the Western Canadian provinces. The central thesis of the paper is that the consultative mechanisms employed by the federal government in areas of provincial jurisdiction limit the extent to which provincial policy inputs are injected into the decision-making process. Co-operative federalism is entering a new phase that will be characterized by the establishment of specialized structures to permit the input of regional views at the federal level on a regularized basis. Furthermore, the provinces will attempt to develop regional policies in the hope that this will strengthen their bargaining position with the federal government. Sommaire. La transformation du système fédéral canadien, de fédéralisme classique en fédéralisme coopératif, a donné une grande importance aux consultations entre le gouvernement fédéral et les gouvernements provinciaux avant l'adoption définitive de politiques dans leurs juridictions respectives. On manque cependant d'études portant sur des cas d'espèce qui illustreraient l'interaction des gouvernements provinciaux, des groupes de pression provinciaw ou régionaux, des députés d'une région ou d'une province donnée et du cabinet fédéral, dans la formulation des politiques du ressort fédéral. En se servant comme cas d'espèce de l'adoption de la loi nationale sur les transports de 1967, l'auteur de la communication étudie le processus d'é'laboration des politiques dans le cadre du système fééral canadien, du point de vue de ses répercussions dans les provinces de l'Ouest. Sa thèse centrale, c'est que les mécanismes consultatifs employés par le gouvernement fédéral dans les domaines qui sont du ressort des provinces limitent l'incorporation des apports provinciaux dans le processus de prise de décision. Le fédéralisme coopératif entre dans une nouvelle phase qui sera caractérisée par la création de structures spécialisées afin de permettre l'apprt méthodique des opinions régionales au niveau fédéral. De plus, les provinces essaieront d'élaborer des politiques régionales, espérant ainsi renforcer leur position dans les négociations avec le gouvemement fédéral.     

A cancer control strategy and deliberative federalism: Modernizing health care and democratizing intergovernmental relations

Abstract: This article describes the nature of, and the need for, a national strategy on cancer control. It then considers the implications of such a strategy for the working models of Canadian federalism. The ideas, structure, and process of developing the Canadian Strategy for Cancer Control involves a new model for the conduct of intergovernmental and inter‐sectoral relations, an approach we can call deliberative federalism. In this model, interest groups, professional associations, and other social actors are part of the modern state alongside cabinet parliamentary government and federalism. As a multiple partnership arrangement, the Strategy is a platform for communication between governments, non‐governmental agencies, health professionals, and cancer survivors and families. Adopting a strategy for cancer control is thus an opportunity to modernize the management of chronic diseases and to further democratize the conduct of intergovernmental relations. Sommaire: Le présent article décrit la nature et le besoin d'une stratégie nationale pour la lutte contre le cancer. Il examine ensuite les implications d'une telle stratégie pour les modèles de travail du fédéralisme canadien. Les idées, la structure et le processus concernant l'élaboration de la Stratégie canadienne de lutte contre le cancer impliquent un nouveau modèle pour les relations intergouvernementales et intersectorielles, une approche que nous pouvons nommer fédéralisme délibératif. Dans ce modèle, les groupes d'intérêts, les associations professionnelles et autres acteurs sociaux font partie de l'État moderne, aux côtés du gouvernement parlementaire et du fédéralisme. En tant que contrat de partenariat multiple, la Stratégie est une plate‐forme pour la communication entre les gouvernements, les organismes non gouvernementaux, les professíonnels de la santé et les survivants du cancer et leurs familles. L'adoption d'une stratégie de lutte contre le cancer est donc une occasion de moderniser la gestion des maladies chroniques et de démocratiser davantage les relations intergouvernementales.     

Cannabis legalization and the machinery of government

This study compares provincial and territorial approaches re‐organizing the machinery of government to promote efficiency, innovation, and continuous improvement in legalizing recreational cannabis. Based on interviews with government officials from across Canada, our research assesses the effectiveness of various models, which ranged from officials‐level working groups and task teams to cabinet committees and formal secretariats. Findings reveal that, while governments took more integrated, network‐style approaches to policy development, modes of policy implementation and evaluation involved more conventional modes of hierarchy and market‐based organization. This shift will impact governments’ ability to execute and evaluate the legalization process.     

What is a meeting? Municipal councils and the Ontario ombudsman

In recent decisions, the Ontario ombudsman has developed his own definition of a “meeting” of a municipal council. The definition derives more from American statutes and judicial decisions than from any prior interpretation of Ontario (or other Canadian) law. The ombudsman's rulings claim that the law prevents municipal councillors from meeting together informally “to lay the groundwork necessary” for the council to exercise its authority. He mistakenly suggests that the policy‐making process is much more open at the federal and provincial levels of government. His rulings unduly restrain groups of municipal councillors from organizing themselves to promote policy change.     

Canadian cities and the American example: a prologue to urban policy analysis

Abstract: The developmental pattern that characterizes metropolitan areas in the United States often serves as a basis for evaluating the condition of Canadian cities and attributing a distinctive thrust to Canadian urban policy. To be meaningful, however, comparative evaluations have to take account of the way government activities have helped to shape U.S. metropolitan areas over an extended period of time. A criticism implicit in much US. urban analysis is that government activities have persistently contributed to large inequalities in the social and economic condition of metropolitan area municipalities. In Canada, by comparison, interjurisdictional equalization has played a larger role in federal-provincial relations than it has in federal-state relations in the United States. It also seems to have influenced the way provincial governments dealt with municipalities during the 1960s and 1970s. At the present time, however, provincial governments are allowing the governmental systems of metropolitan areas to become more fragmented. They are also under pressure to reduce or abandon their efforts to equalize services and property tax burdens among municipalities. How they respond to that pressure will help to determine how closely the development of Canada's metropolitan areas conforms to the pattern of urban development characteristic of the United States.     

Multilevel policy from the municipal perspective: A pan‐Canadian survey

Building on in‐depth case studies and extensive theory‐building by Canadian multilevel governance scholars, this article identifies and describes multilevel policy involvement by federal, provincial, municipal, private, and NGO actors in three policy phases and eighteen policy domains that specifically involve local governments in Canada. Drawing from an original pan‐Canadian survey of municipal mayors and councillors, we show that municipal politicians see multilevel policy involvement as remarkably prevalent across many policy domains. Using an original measure of multilevel policy involvement, we identify the policy domains in which policy involvement is most concentrated or fragmented and then describe the correlates of this measure. Multilevel policy involvement, we argue, is more clearly associated with policy phase and policy domain than with municipal population or region. We conclude with a discussion of implications for future research.     

Birds of a feather? The role of partisanship in the 2003 Ontario government transition

The question posed in this article focuses on whether partisanship affects government transitions. The way governments assume power in Canada is an intriguing part of politics, but we have only a limited knowledge of transition mechanics. There has been no investigation into whether transitions have an inter‐governmental dimension, for instance, nor have transitions been studied with the government's partisan complexion in mind. This article addresses this gap in the literature by examining the 2003 Ontario Liberal transition through inter‐governmental and political lenses. Using indicators to assess the role and impact of partisanship, the Ontario case suggests that partisan complexions matter in how the transition process is planned and executed. The provincial team will seek advice on the matter from their federal cousins, for example, and will recruit experienced political staffers from Parliament Hill to be part of the new sub‐national government. Shared partisanship may also predict whether harmonious relations with Ottawa will prevail during the first several months in power. The article concludes by asserting that in provinces where political party organizations formally overlap or are informally intertwined across the federal divide, partisanship can play a role in determining how a new government prepares and implements its transition process.     

Third wave,third sector: A comparative provincial analysis of the governance of third sector relations

Across Canada, provincial governments are engaged in a “third wave” of consultations, policy dialogues, and policy alignment strategies with the third sector. Unexplored to date is how provincial governments internally administer their third sector file. This internal configuration could have important implications for internal adherence to cross‐cutting policy mandates as well as third sector policy implementation and bilateral collaboration agreements. This is a new point of analysis for public administrators and third sector intermediary organizations alike. This comparative analysis of network governance structures in eight provincial governments reveals that some structures are more compatible with policy alignment and implementation than others.     

Coping with Canadian federalism: the case of the Federation of Canadian Municipalities

Abstract: Since the early 1960s, the only pan‐Canadian association of municipalities has shown two decades of decline followed by two decades of growth. This paper analyses this decline and subsequent growth in the context of the changing position of municipalities with Canada, particularly those in Quebec. Examination of the association's recent history provides useful insights into how Canada's municipalities cope with Canadian federalism. It provides lessons as to how best to prosper as a pan‐Canadian organization concerned with what are mainly matters of provincial interest. The paper's theoretical contribution includes reference to the nature and roles of interest groups in Canadian federalism and to the application of structural contingency theory. Sommaire: Depuis le début des annees 1960, l'unique association pancanadienne de municipalités a connu deux décennies de déclin suivies par deux décennies de crois‐sance. Le présent article analyse ce déclin et cette croissance dans le contexte de la position changeante des municipalites à l'égard du Canada, en particulier celles du Québec. L'examen de la récente histoire dee l'association suscite des réflexions utiles sur la maniére dont les municipalités au Canada font face au fédéralisme canadien. II explique comment un organisme pancanadien principalement préoccupé par des questions d'intérséCt provincial pour prospérer le mieux possible. La contribution théorique de l'article fait référence à la nature et aux rôles des groupes d'intéráCts dans le fédéralisme canadien et à l'application de la théorie de contingence structurale.     

Frontiers of public service motivation research in Canada: A scoping review

The Canadian public sector employs around one-fifth of Canadian workers; they are responsible for policy making, stewarding public funds, and serving the public. Canadian governments struggle with job satisfaction, engagement, retention, and turnover, all of which may be associated with public service motivation (PSM). We conducted a scoping review of Canadian PSM research to synthesize what is known about these associations in the Canadian context. We identified 24 published studies and four works in progress. These demonstrate that PSM exists among Canadian public servants from the early stages of their career until later stages, and that PSM bolsters attraction to public sector work among students. No studies measured PSM among Canadian public servants using a validated instrument. Further research about the contributions of PSM to the quality of Canadian public services and how employers can nurture PSM is recommended, particularly given recent changes in work environments.     

Public health and collaborative governance

Abstract: The nature of governance in Canada, both horizontally (between federal departments) and vertically (between federal and provincial governments) is changing. Or is it? Two distinct trends seem to have emerged over the past decade: one towards horizontal coordination and one towards vertical collaboration. These trends are perhaps best exemplified by the Public Health Agency of Canada, which depends very emphatically on integrated relationships both with other federal departments and with provincial and territorial governments. Yet in the past year, severe criticisms have emerged regarding the agency's ability to meet its objectives. To what extent are these problems due to the failure of collaborative governance? On a wider level, have decision-makers been too insouciant about making importunate public policy decisions on an assumption of the viability of collaborative governance? This article argues that problems in vertical collaboration in public health have occurred largely due to failures in horizontal coordination within the national government.     

The temptation of provincial criminal law

Under s.91 (27) of the BNA Act, 1867, the Federal Parliament has the exclusive authority to legislate “criminal law.” This has not stopped the provinces from passing “quasi‐criminal” laws that are difficult to distinguish from criminal law. Recent legislation regarding “public fighting” and civil remedies for criminal acts suggest there are few legal obstacles to enacting provincial criminal law. This article identifies such provincial criminal laws, explains how the modern doctrines of federalism might invite and allow for their enactment, and discusses impacts on criminal justice policy and administration. It highlights the discretion afforded the Crown and police in charging individuals under the federal Criminal Code or similar provincial laws (or municipal by‐laws). While provincial or local laws may allow for more efficient law enforcement, they do so at the expense of the procedural guarantees associated with the criminal law.     

A new model for making Aboriginal policy? Evaluating the Kelowna Accord and the promise of multilevel governance in Canada

Government policy‐making affecting Indigenous communities in Canada has often been met with stiff resistance from Indigenous leadership. We examine multilevel governance as an alternate model for Aboriginal policy‐making by examining a particular case study: the process leading up to the 2005 Kelowna Accord. We find that although multilevel governance may have the potential to produce highly desirable outcomes, its emergence seems to depend heavily on political agency. Meaningful and enduring change to Aboriginal policy‐making will therefore likely require significant institutional adjustments to the Canadian federation.     

“In the shadows of hierarchy”: Intergovernmental governance in Canada and the European Union

The articles in this issue suggest that intergovernmental governance takes a different form in Canada and the EU, raising questions about the transference of practices and institutions from one to the other. In both systems, non‐hierarchical modes of governance provide coordination in social policy. Hierarchy also plays a role, though not in a manner that one might expect. In the EU, hierarchy is tempered by members' direct participation in policy formulation. In Canada, hierarchy is important, but within rather than between governments, resulting in executive dominance of the intergovernmental process at the expense of devolving power to civil society and sub‐provincial governments.