Framing Canadian Federalism: Historical Essays in Honour of John T. Saywell ed. by Dimitry Anastakis and P.E. Bryden (review)

John T. Saywell was a remarkable Canadian historian who contributed significantly to our understanding of Canadian federalism. By looking at the structure upon which the country was built and the ways that federal-provincial conflict has been institutionalized, we will understand Canada better. The essays in this book – written by colleagues and former students as a tribute to John Saywell – provide a significant contribution to our understanding of Canadian federalism from the point of view of historians, not political scientists. By exploring a number of events from the past, the essays remind us of how our past has shaped what we are today and how Canada might evolve in the twenty-first century.

The overriding focus of the essays is the influence that federalism, or divided sovereignty, has had on Canadian policy developments. The first three essays shed light on fiscal sharing and the interpretation of core Canadian values. R. Blake Brown examines the 1998 Québec succession reference, which resulted in the Supreme Court of Canada drawing four unwritten but ‘foundational constitutional principles’ to underlie the constitution: federalism, democracy, constitutionalism and the rule of law, and respect for minority rights. Brown questions the court’s reading of history and its adoption of the compact theory of federalism, a concept still challenged today. T. Stephen Henderson and P.E. Bryden focus on federal-provincial and interprovincial debates in relation to revenue sharing through the lens of provincial politicians in Nova Scotia in 1938–48 and Ontario in 1957. These historical debates, the different provincial positions, and the decisions taken resonate today as governments continue to debate the equalization program and the ‘fiscal imbalance.’

The essays by Mark Kuhlberg and Richard Rajala highlight the dysfunctions of Canadian federalism, with aboriginals and the unemployed caught in the crossfire of warring federal and provincial politicians, and neither side taking responsibility. Peter Russell’s essay on the court system provides a valuable primer on how responsibility in this policy field is shared and some of the enduring problems of a federal political system with a court structure designed for a unitary state. In the events examined in these essays, there seems to be little evidence of cooperative federalism.

This contrasts with the remainder of the essays, which highlight how, in some areas, Canadian federalism has demonstrated remarkable creativity, adaptability, and flexibility, particularly in relation to issues coming at Canada from outside. Michael Behiel provides an excellent analysis of how federalism placed a severe limitation on Canada’s ability to fulfill international obligations in human rights. He reminds us of the battles Prime Minister Trudeau had with his provincial counterparts to secure constitutional agreement for an entrenched charter of rights and freedoms that would bind all governments. The essays by Dimitry Anastakis and Bruce Muirhead illustrate how governments have been able to cooperate on auto policy as well as international trade. Despite the fact that the federal government has prime responsibility in these areas, provinces have become extensively involved, in effect changing the nature of federalism. In post-secondary education, the subject of Paul Axelrod’s essay, the direction is the exact opposite, with provinces bearing primary responsibility. He illustrates how federal activism in support of an ‘innovation’ strategy during the Chretien years of 1993–2003 has changed the face of post–secondary education in Canada.

This collection is well worth a read by anyone interested in deepening their understanding of the Canadian federal system, and how the actions of the past shape us today. Although referred to in some of the essays, missing was a reflection on the role of Quebec on Canadian federalism, a surprising omission given Saywell’s particular interest in this area. More essays from historians on Canada’s messy and complicated federal story are certainly to be encouraged in order to reflect on how we might solve contemporary problems in our often contested federal system...