Tuesday, February 19, 2013

The NDP, poised for power but to what effect?

In the summer of 2012 I drafted an article on the New Democratic Party for the purpose of introducing a discussion among some comrades seeking information about the party that now forms the Official Opposition in Canada’s House of Commons. While by no means a definitive study, the article draws on a number of books, academic papers and other documents addressed to the history and nature of Canadian Social Democracy, all of which are referenced or linked in the text. A French version of this article, addressed to a Québécois readership, is published in the current issue of the left journal Nouveaux Cahiers du Socialisme devoted to “La question canadienne,” a critical analysis of the “Harper revolution.”

The federal NDP will be meeting in convention in Montréal April 12-14, and I plan to return to some of the issues raised here in subsequent posts. Meanwhile, here is the article…

Richard Fidler

* * *

Fifty years after its founding, the New Democratic Party swept to Official Opposition status in Ottawa on May 2, 2011, propelled by the “Orange wave” in Quebec where it captured an astounding 43% of the popular vote. Canada-wide, the NDP share of the vote increased from 18% in the previous federal election (2008) to 30.6%.

Winning 103 seats in the House of Commons, and coming second in another hundred or so constituencies, the NDP now became for the first time a “government in waiting” with a credible perspective of replacing the Harper Conservatives in 2015.

This historic breakthrough for the party was achieved despite the near-unanimous opposition of the big-business media: 31 Canadian newspapers editorially supported the Conservatives, while only one (the Toronto Star) gave the NDP a qualified endorsement. Although the Conservative vote had nudged up only slightly, to just short of 40%, Harper had clearly established the Tories as the hegemonic party of Capital.

But this hegemony came at a price. Capital in Canada has traditionally ruled through a system of alternance between Liberals and Conservatives, each ready to replace the other if defeated in Parliament or by the electorate. With the crushing defeat of the Liberals — now reduced to 34 seats, an all-time low for the party — the scenario was radically altered. Although the Tory government’s parliamentary majority is secure for the next four years, the alternance is now up for grabs.

For Canada’s ruling circles, this poses a dilemma. Should they bank on rebuilding the Liberals? Or should they start thinking of the NDP as an acceptable option at the federal level, as they already do in some provinces where the NDP has governed for many years?

Provincial office is one thing. But the central government, with its crucial jurisdiction over banking and finance, foreign affairs, the military, trade and commerce, criminal law and the senior courts and judiciary, etc. — and above all its role in protecting the territorial and institutional integrity of the state and forestalling any challenge by Quebec to that integrity — that’s a somewhat different matter.

The NDP, created at the aegis of the trade unions in English Canada, has historically been viewed by Capital as a workers party and for that reason has never enjoyed the unalloyed confidence of big business — despite all the efforts of NDP leaders down through the years to neutralize and overcome that antipathy.

Moreover, under Jack Layton’s leadership the NDP had attempted in recent years to accommodate Quebec’s historic concern for autonomy over matters of language and culture, and had even questioned Ottawa’s claim that it had the unilateral right to determine whether it would accede to a majority yes vote for sovereignty by the Québécois.

Canada’s rulers could find solace, of course, in the apparent fragility of the NDP’s new status. The electoral advance of this “political arm of the labour movement,” as it is generally seen outside Quebec, comes at a time when the NDP’s organic ties to the trade unions are weaker than ever before in its history, and the social movements in English Canada that have traditionally looked to the party as a political outlet are largely fragmented if not demobilized. Furthermore, although its parliamentary caucus is dominated by Quebec MPs, the Quebec NDP is historically one of the weakest sections of the federal party.[1] It would be a major challenge for this federalist party to consolidate these gains and build a strong base in a province where most of the left and progressive forces pursue the objective of an independent Quebec.

The NDP’s 2011 advance might be dismissed as purely conjunctural, the result of a chance confluence of factors — not least, the collapse in popular support for the Bloc Québécois. Post-election opinion polls indicated that voters switching from the BQ to the NDP were motivated by fear at the prospect of a Harper majority and attracted by the NDP as a party with a social program similar to the BQ’s but — unlike the BQ —offering them the prospect of a socially progressive ally in the Rest of Canada that is sympathetic to the “Quebec difference.”

But closer scrutiny reveals some longer-term shifts in the popular vote. Canada-wide, the Conservative vote in 2011 was just a couple of percentage points higher than in 2008, when the party’s vote was no higher than the combined vote in 2000 of the now-merged Conservative, Reform and Alliance parties. But the Liberals were in secular decline, their vote falling steadily from 40.8% in 2000 to 18.9% in 2011. Meanwhile, during the decade the NDP vote had consistently risen: from 8.5% in 2000 (1.8% in Quebec) to 18.2% in 2008 (12.2% in Quebec) followed by the surge to 33.1% in 2011 (42.9% in Quebec). Whatever the explanation, the fact that more than four million voters — about twice as many as in 2008 — had turned, despite the media hostility, to a party of the broad “left” that traditionally ranked third or fourth in the federal Parliament, represented a huge collective protest against the right-wing thrust of politics in Canada.

The NDP is now positioned as the hegemonic opposition in Canada’s parliament and politics to the right-wing agenda of the Harper Tories. But the party’s problematic relationship to its core constituency, the organized working class in English Canada, and its historic difficulty in grappling with the Quebec national question, suggest that it is ill-equipped to contend with the major class and national confrontations that ultimately shape the course of politics in the Canadian state.

Social Democracy

Although today’s NDP is shy about its self-identification in its statutes as “socialist,” the party is a member of the Socialist International, a loosely organized alliance of parties that trace their historical antecedents back to the pre-World War I international workers and socialist movement — more specifically, in the NDP’s case, to British Labourism and a similar reformist but minority current in the Marxist SDP in pre-war Germany. This reformist current held that the working class could overcome its subordination without the overthrow of the capitalist state, through working for legislative reform within the state institutions, primarily Parliament.

In the early 20th century, socialist and labour militants were active in a variety of parties and trade unions, especially in Western Canada where colonization and urbanization were rapidly transforming an agrarian and resource-based economy. Some managed to win election to provincial or municipal office. Many identified as Social Democrats.

After the First World War, militants inspired by the example of the Bolshevik Revolution of 1917 joined in founding the Communist Party, responding to the Russian call for creation of a new, Communist International to replace the Social Democratic parties that had betrayed socialist internationalism by supporting the war effort of their respective countries.

While the revolutionary CP privileged on-the-job and extraparliamentary action, the reformist wing of the workers’ movement set its sights on electing worker representatives to parliament. During the 1920s a few were elected to the federal Parliament. These Labour MPs later combined with radical farmer MPs to form the self-styled “ginger group,” which comprised the pre-Depression parliamentary left.

In 1932, in response to the deep social crisis produced by the Great Depression, this parliamentary left issued a call for the formation of a new party that would unite and incorporate “the three major classes in the community whose interests are the same — industrial workers, farmers, and the middle class.” At a conference in Regina in 1933, they founded the Co-operative Commonwealth Federation (CCF).[2]

Although its founding document, the Regina Manifesto, famously proclaimed the CCF’s goal to be the “eradication” of capitalism, the party program privileged using state planning and administration, selective nationalization (“socialization”) of key industries, and progressive taxation to steer capitalism out of crisis and lay the basis for what came to be known as the welfare state. It was to be a parliamentary party, seeking election to government in Ottawa and the provinces.

Like most Social Democratic parties, the CCF sought alliances with trade unions. But although it self-identified as a “federation,” the party initially had no provision for representation or affiliation of unions as such in its structures. And the only province in which it elected a government, Saskatchewan in 1944, was primarily agrarian.

Until the late 1940s, the Communist party (CP) continued to be a fierce contender with the CCF for influence in the labour movement. Supporters of both parties were prominent in the leadership of the new industrial unions that mushroomed in the late 1930s and during World War II, although neither was hegemonic. Many union leaders, especially in the craft unions of the Trades and Labour Congress (TLC), were Liberals. And after 1942 the CP (now renamed the Labour Progressive Party) was informally allied with the Liberals in the prosecution of the war effort.

With the Great Depression still fresh in their memory, many working people radicalized during the war and a rapid increase in electoral support for the CCF was accompanied by a wave of union affiliation to the party. By 1944, about 100 local unions were affiliated, mainly in Ontario. However, these unions, with 50,000 members, constituted barely 7% of total union membership in Canada. In 1943, the Canadian Congress of Labour (CCL), representing the major industrial unions, voted in convention to endorse the CCF “as the political arm of labour in Canada.”

But the affiliation movement soon ground to a halt, and by 1952 the number of affiliated locals was down to 44, comprising just over 1% of union members. The party’s share of the popular vote declined sharply as Canadian politics shifted to the right.

Capitalism had entered a phase of unprecedented expansion. Economic prosperity, accompanied by the anticommunism of the Cold War, led party leaders to question the primacy of public ownership and state planning and to embrace the mixed economy and Keynesian fiscal policies as their fundamental mechanisms for completing the welfare state. In 1956, the Regina Manifesto was replaced by the Winnipeg Declaration. Capitalism was still “basically immoral,” the Declaration stated, but “in many fields there will be need for private enterprise which can make a useful contribution to the development of our economy.” [3]

This brought the program and policies of Canadian Social Democracy into much closer alignment with the changing needs of the capitalist system. Toronto socialist academic Bryan Evans, in a recent study of the NDP’s evolution, labels this transition a “refoundation” of Canadian social democracy: the expression of “a declassed and technocratic Keynesianism that signalled a retreat from class as the ideological and organizational centrepiece of its politics.”[4]

A labour party?

But the class struggle works both ways — and there was no evidence that Capital was leaving the battlefield. The working class still needed a political outlet it could call its own. In a parallel and not unrelated process, the trade union movement (many of whose central leaders were CCF members) was reorganizing its structures and perspectives in a process that would link it with the CCF in a new political party.

In 1956, the TLC and CCL had merged to form the Canadian Labour Congress, which now embraced a large majority of organized labour outside Quebec, but included as well most of Quebec’s “international” (U.S. based) unions. At its 1958 convention, the CLC (in close collaboration with the CCF leadership) called for creation of “a broadly based people’s political movement, which embraces the CCF, the Labour Movement, farm organizations, professional people and other liberally-minded persons.”[5]

As the formulation suggests, the goal was to create a broad party that could embrace major components of the Liberal party — like the CCF, routed in the 1958 federal election — in a recomposition of Canadian politics along left-right lines. Labour’s input would reflect the politics of the new labour congress — now purged of CP-led unions, embracing the Cold War anticommunist ideology, and domesticated by the constraints of a postwar industrial relations regime under which unions had won legal recognition in state-defined bargaining units but at the cost of restrictions on strikes and secondary boycotts, the substitution of grievance procedures in place of on-the-job action, and mandatory residual management rights clauses in all union contracts. With the unions increasingly focused on workplace bargaining and away from broadly-based solidarity struggles, the party — led by a core elite of experienced Social Democratic politicians inherited from the CCF — would advocate their legislative agenda and, if electorally successful, establish governments more amenable to labour’s interests.[6]

When the NDP was founded in the summer of 1961, the union affiliation provisions did not differ radically from the CCF’s. The new party was to be the “political arm of the labour movement,” all right, but the new relationship was structured to preclude union domination of the party. Unlike the British Labour Party, where unions received a vote for each affiliated member, the NDP gave the unions no block voting rights at party conventions or on the party executive. However, the unions were given representation in the party’s executive and on its federal council, as well as in the corresponding decision-making bodies in the provincial sections. And they were given special voting rights at party conventions using formulas that weighted their representation according to the number of union members. Affiliates paid dues to the party of about 20 cents per member per month.

Although the guarantees of posts for union officials in the party’s leadership bodies remain more or less intact today, the unions were less successful in their attempts to mobilize membership support for the party. In the first place, of course, labour political action in Quebec followed a quite different course; the CLC’s Quebec affiliate soon took its distance from the NDP and moved toward closer identification with the sovereigntist Parti québécois, as did the other major union centrals in Quebec. But in English Canada, too, the affiliation movement soon faltered.

Although the number of affiliated union locals rose steadily during the 1960s and 1970s, most of this growth occurred during the party’s first two years; 1963 was the high-water mark, when 14.6 percent of union members were affiliated to the NDP. Since only 30% of the non-agricultural work force were members of unions, however, this represented less than 5% of the total work force. The pace of affiliation slackened thereafter. By 1979, almost 300,000 workers were affiliated to the party, but they accounted for only 7.3% of total union membership — barely above the highest level of affiliation with the CCF in 1944, when affiliated members constituted about 6.9% of the organized work force. And of the 730 locals affiliated in 1985, more than three quarters were located in Ontario; less than 2% were Quebec-based.[7]

The party’s affiliation provisions reflected an underlying assumption that unionized workers had achieved a sufficient level of class consciousness that they would be susceptible to identifying the NDP with their interests as a social class, and determine their political allegiances accordingly. However, as numerous surveys have documented, there is no automatic link between employment and political views. The latter may be equally or more determined by one’s ethnicity, gender, overall social mobility, etc. And the NDP has never won consistent support from even a majority of union members, still less among the unorganized. At most, studies show, NDP affiliation provides a “cue” to union members that their union favours a vote for this particular party.

The NDP in government – Adapting to neoliberalism

Furthermore, the NDP itself has disappointed many who look to it as a means of achieving some meaningful improvement in their lives. The NDP has at various time formed the government in five provinces (British Columbia, Saskatchewan, Manitoba, Ontario and Nova Scotia) and one territory (Yukon). The historical record reveals a clear transition in the party’s politics from its original Keynesian framework to a somewhat incoherent social liberalism as successive NDP governments adapted to neoliberalism. In the earlier period:

  • Saskatchewan’s CCF government (1944-64) pioneered in establishing government-financed hospital care (a precursor of medicare), legislated limits on the work week, the highest minimum wage in Canada, collective bargaining for civil servants, and the creation of new Crown corporations. A later NDP government (1971-82) established more Crown corporations and used the revenues from increased resource royalties to fund new social programs and raise social assistance rates.
  • The first NDP government in British Columbia (1972-75) established a government monopoly, the British Columbia Petroleum Corporation, with limited responsibility for marketing of natural gas and oil; a state auto insurance monopoly; increased mining royalties; improved income security for seniors and disabled; a pharmacare program; and increased support for public housing.
  • In Manitoba, the first NDP governments (1969-77, 1981-88) pioneered an “equal pay for equal work” program to end gender-based pay discrimination and introduced anti-scab legislation and paternity leave.

These popular provisions strengthened the NDP’s electoral base in all three provinces, and bolstered the party’s progressive reform credentials, notwithstanding the occasional use of strike-breaking laws by all three governments, and cabinet support in Saskatchewan and Manitoba for Trudeau’s wage control program in the mid-1970s.

As the neoliberal onslaught gathered force, however, NDP governments shifted from Keynesianism to fiscal orthodoxy, an emphasis on competitiveness and capital accumulation, and an obsession with deficits and debt fighting.

  • In Saskatchewan the NDP, returned to government in 1991, lowered resource industry taxes and royalties, introduced fiscal austerity that closed some hospitals, capped social assistance rates and reduced the education budget, while allowing the minimum wage, once one of the highest in Canada, to fall to one of the lowest.
  • The British Columbia NDP, returned to government in 1991 under Mike Harcourt, enacted some labour law reforms including anti-scab and secondary boycott provisions and mandatory first contract arbitration, substantially increased public sector wages, and raised taxes on corporations and high incomes. But Harcourt and his successors Glen Clark and Ujjal Dosanjh focused increasingly on deregulation, deficit reduction and tax cuts. Public service wages were frozen, social assistance eligibility tightened and overall per capita public expenditures were reduced by 2.2 percent. In the 2001 provincial election, the NDP was crushed; it was left with only two seats.
  • The Manitoba and Nova Scotia governments, elected in 1999 and 2009 respectively, have pursued similar approaches focused on deficit busting and austerity.

It was Bob Rae’s NDP government in Ontario (1990-95) that provoked an open breach with and within organized labour that remains unhealed to this day. Faced with a ballooning budget deficit of almost $10 billion within one year, the government shifted toward public sector austerity. The Social Contract Act (1993) was “unprecedented both in the abrogation of collective bargaining rights and in the spending cuts sought.”[8] The Ontario Federation of Labour (OFL) responded by calling on affiliated unions to break their ties to the NDP; while a bloc of public sector unions and the Canadian Auto Workers moved to disaffiliate, another bloc composed of private sector unions instead called for continued support of the party.

The government’s defeat in 1995, and the election of the right-wing anti-union Conservatives under Mike Harris, led organized labour to rethink its exclusive reliance on electoralism as a political strategy. “This opened the door to an unprecedented embrace of extra-parliamentary activism within the ranks of organized labour. The Days of Action, a series of local general strikes, allied labour with a wide range of social justice movements” in resistance to the Harris government’s aggressive attacks on social programs and workers’ rights.[9]

Although the OFL eventually abandoned these extra-parliamentary tactics and renewed its relationship with the NDP, the CAW, some teachers’ unions, the Ontario government employees union, nurses and building trades unions instead launched an Ontario Election Network in support of “strategic voting,” effectively marking the re-emergence of a Liberal-Labour alliance that was sustained through subsequent provincial elections in 2003, 2007 and 2011. Between 2000 and 2003 union donations to the Ontario Liberal party surpassed union donations to the Ontario NDP![10]

The federal NDP under Jack Layton’s leadership, less controversially, fell in step with its provincial counterparts. The “corporate welfare bums” rhetoric of the 1970s, with its nods to public ownership, social policy enhancement and income redistribution, “has been replaced by an ideology that sees viable social programs as dependent on a well-functioning market economy.”[11] The party’s 2011 federal election platform called for tax incentives for small and medium-sized firms (to reward “job creators”), a modest increase in corporate tax that would keep it lower than the lowest U.S. corporate tax rate (to ensure “competitiveness”), and a host of modest reforms in health care, public pensions, public transit and housing strategies that would distinguish the NDP from the Harper Conservatives but had little to do with redistribution of resources and real power.

Needless to say, the party’s international policy was set firmly in the framework of the military, trade and investment alliances of global capitalism. For an end to Canada’s “combat involvement” in Afghanistan (a position the party adopted in 2006, four years after the first troops were sent). But no references to NATO, NORAD, or the numerous “free trade” agreements Ottawa has signed in recent years other than a call for Canadian companies to “abide by international human rights law and environmental standards when operating overseas.” The NDP would “maintain the current planned levels of Defence spending commitments.” On the environment it supported the Kyoto emission-reduction goals but promoted carbon taxes and said nothing about the Alberta tar sands, Canada’s major source of greenhouse gas pollution.[12]

The program rejected deficit financing (a staple of Keynesian economics) and Layton defended the Bank of Canada’s autonomy in setting monetary policy. To prove the NDP’s suitability to govern, Layton repeatedly referred to the “prudent” fiscal records of NDP governments in the western provinces.

Quebec – A poverty of imagination

Firmly committed to working within the confines of capitalist state institutions, the NDP has been baffled by the Quebec national question and the powerful movement it has spawned in opposition to the very state and structures with which the NDP so fervently identifies.

A major goal of the new party in 1961 was to make inroads into Quebec, always infertile territory for the CCF. However, initial attempts produced only modest results. At the founding convention, a large Quebec delegation — attracted by the promise of a new labour-based party — managed little more than to convince the party to substitute the word “federal” for “national” in its statutes and had to abandon the attempt to win recognition in the program of Quebec’s right to self-determination. However, in 1963 delegates to the federal convention, impressed by the progressive dynamic of Quebec’s Quiet Revolution, called for a “complete rethinking of our federal system and of the relations between the two nations which established Canada.”[13]

But in 1963, as well, the party’s fledgling Quebec wing divided over differences on the national question; the majority went on to form an autonomous Parti Socialiste du Québec. By the mid-1960s, the PSQ was calling for adoption of a sovereign Quebec constitution and the negotiation of a new “confederal” accord with English Canada, failing which Quebec should proclaim its political independence[14] — prefiguring the “sovereignty-association” formula of René Lévesque when he broke from the Liberal party to establish the Parti Québécois. The PSQ was eclipsed by stronger independentist forces, the Rassemblement pour l’indépendance nationale and then the PQ, and disappeared before the end of the decade.

Quebec sovereignty was neither then nor since a notion the NDP would willingly embrace, even as a prelude to association with Canada in some form of common state structure. As a result it was caught short by the rise and radicalization of a pro-sovereignty movement in Quebec that largely isolated the party from labour and the left in the province.

The federal NDP, for a short period in the mid-1960s, supported special status for Quebec as “the guardian of the French language, tradition and culture,” as did other federal parties. But when the Liberals shifted toward a new aggressive stand against Quebec nationalism, the NDP backtracked as “Trudeau’s vision of individual rights, pan-Canadian bilingualism and official multiculturalism pushed the ‘two nations’ concept off the political landscape in Canada outside Quebec.”[15]

When constitutional reform returned to the federal agenda, following the defeat of the 1980 referendum, the NDP’s approach was complicated by the insistence of provincial governments — including those headed by the NDP — that the process also address English Canadian regional concerns such as energy policy and Senate reform. NDP constitutional positions became increasingly incoherent as the party sought to balance regional demands with its general predilection for a strong central state.

Led by Ed Broadbent, the federal NDP supported Trudeau’s unilateral patriation of the Constitution with a new amending formula that deprived Quebec of its conventional veto on constitutional change and a Charter of Rights that would reject parts of Quebec’s language legislation and effectively gave the Supreme Court of Canada the power to overrule many other laws adopted by the National Assembly. Saskatchewan NDP minister Roy Romanow, drafting the final deal with Jean Chrétien through the “night of the long knives,” played an instrumental role in sabotaging the PQ government’s united front with provincial first ministers.

The federal NDP supported the 1987 Meech Lake Accord although its Quebec section, led by Jean-Paul Harney, criticized Meech because it failed to accord meaningful recognition to Quebec as a nation. During the three-year period for provincial ratification of the Accord, NDP support for it frittered away in the face of increasing public opposition outside Quebec around a variety of issues but mostly centered on allegations that the Accord’s “distinct society” recognition of Quebec would somehow abridge women’s and aboriginal rights and undermine the powers of the federal government. The Manitoba NDP drove a final nail into the Meech coffin when Elijah Harper, an aboriginal MLA, refused unanimous consent to the Accord in the legislature.

In the lead up to the Charlottetown Accord, the federal party and its three provincial governments followed different agendas. While the provinces (Ontario, Saskatchewan and British Columbia) differed among themselves on such questions as aboriginal self-government, a social charter, Senate reform, regional representation, etc., the federal party focused largely on process, arguing successfully for example for a series of regional conferences on the federal government’s proposals. The federal and Ontario NDP support for some degree of asymmetry in provincial powers proved to be a major bone of contention with the western NDP governments, which favoured equal provincial legislative powers. However, the final Accord, supported by all provincial governments, was quickly endorsed by the NDP’s Federal Council and the party agreed to join the Mulroney government’s campaign for the yes vote in a pan-Canadian referendum. This dismayed many party members, and feminists in particular helped mobilize left-wing opposition to the Accord. In the end, the Accord was defeated, not only in Quebec where nationalists campaigned against it, but in many parts of English Canada.

In the 1995 Quebec referendum, the NDP supported the No side just as it had in 1980, of course. But this time no one on the federalist side could credibly promise renewed federalism. And the NDP reverted to the view that economic growth and social programs could resolve the national question. However, the party was unable to evade the issue.

A Social Democratic Forum on Canada’s Future sponsored by the party in the late 1990s came up with a host of proposals for constitutional change, many of them later incorporated in the Sherbrooke Declaration, discussed below. But in 2000 the NDP parliamentary caucus voted with only two exceptions for the Clarity Bill, which makes Quebec sovereignty following a successful “yes” vote contingent on agreement by the federal Parliament.

The Sherbrooke Declaration

When Jack Layton became federal leader, in 2003, he undertook to clarify and modernize the party’s thinking on Quebec. In 2005, the party’s small Quebec section adopted a document drafted at Layton’s request that is now commonly known as the Sherbrooke Declaration. Entitled in part “Federalism, Social-Democracy and the Québec Question,” it was subsequently endorsed by the federal NDP at a 2006 convention and is the most complete statement of the NDP’s current thinking on the constitution.[16] The document claims to offer “a new vision of federalism,” that will, if implemented, “allow Quebec to embrace the Canadian constitutional framework.”

The NDP, it says, “recognizes the national character of Quebec,” which “is based primarily, but not exclusively,” on a “a primarily Francophone society in which French is recognized as the language of work and the common public language,” a specific culture and sense of identity, a specific history and its political, economic, cultural and social institutions.

But it notes that Québécois efforts to “build a social and political project based on solidarity” have been “centered around the Quebec State.” This concept, it says, “obviously contrasts with the vision put forward by a majority of people in the other provinces who see the federal government as their ‘national’ government and the provinces as playing a secondary role.” To enable these two “visions” of the state — the Québécois and the Canadian — to coexist, the Sherbrooke Declaration advocates “asymmetrical federalism,” which it says is “the best way to consolidate [conjuguer] the Canadian federal state with the reality of Quebec’s national character.”

The NDP proposes that Quebec must be allowed to opt out where the federal government intervenes in areas of exclusive provincial jurisdiction (as in health and social services, education, family policy, housing, municipal infrastructure, etc.) and in return to receive funding from the federal government in equivalent amounts. “No conditions or standards should be applied to Quebec without its consent….” This appears to be a significant concession to the principle of Quebec autonomy, although it is confined to areas in which Quebec already has jurisdiction.

As the principal mechanism in its asymmetrical federalism, the Declaration falls back on an old stand-by in NDP constitutional discourse: “cooperative federalism,” which, it says, “must aim to combat the federal government’s unilateralism and ensure multilateral decisions and negotiations with a long-range outlook.” It would model its cooperative federalism on the Social Union Framework Agreement (SUFA), signed between the federal government and nine provinces — but not Quebec — in 1999.

A notable feature of the Sherbrooke Declaration is its explicit recognition of “Quebec’s right to self-determination,” which, it says, “implies the right of the people of Quebec to decide freely its own political and constitutional future.” This can include sovereignty, but it “can also be exercised within Canada,” the Declaration notes. However, if Quebec were to hold a vote on sovereignty “the NDP would recognize a majority decision (50% + 1)....”[17]

The Sherbrooke Declaration undoubtedly represents modest progress by the federal NDP in clarifying and improving its approach to Quebec, notably in its pledge to recognize a simple majority vote for Quebec sovereignty. However, a closer reading reveals some important ambiguities.

The statement is notable for its failure to address Quebec demands for a change in its constitutional status, whether through reform or independence. It notes that most of the Declaration’s proposals can “be applied in the present context without formal constitutional reform.” In fact, the Sherbrooke Declaration can be read as an attempt to circumvent the issue of constitutional reform in favour of essentially administrative and bureaucratic approaches designed to “make federalism work.”

The NDP’s concept of “cooperative federalism” involves not a reallocation of powers but a never-ending process of policy and program negotiation between Quebec and Ottawa and (in most cases) the other provinces and territories, negotiations in which Quebec may and often does find itself alone arrayed against the other ten or more governments. The Declaration’s model is the SUFA, and it calls on the federal government to obtain Quebec’s consent to the agreement “following negotiation and amendment” — which would presumably require consent of the other provinces as well, a process that failed in 1999. The Declaration provides no indication of how such consent might be obtained.

The SUFA, rejected by a PQ government, was criticized even by most federalists in Quebec for its threats to Quebec jurisdiction.[18] But a new SUFA, says the NDP, “must provide a framework for federal spending power” in areas of provincial jurisdiction. “Many Quebec policies (CLSCs and other community health centres, early childcare, pharmacare, etc.) can be strengthened by the federal government.”

The document’s recognition of Quebec’s right to self-determination must be read in this context. Legally formalizing how this right could be exercised “is not useful or necessary,” it says. It cites the Supreme Court statement, in its Secession Reference judgment, that the future of Quebec is “ultimately a political question and not a legal one.” But the Supreme Court insisted that recognition of the legality of a Quebec decision to secede would be contingent on achieving a “clear majority” on a “clear question” in a referendum — what constitutes “clear” to be determined, impliedly, by the other “partners” to the union, i.e. the federal government and the provinces. This language was incorporated in the federal Clarity Act, which in fact did formalize the process.

The Sherbrooke Declaration does not mention the Clarity Act or the NDP MPs’ support of that Act. The right of self-determination, it acknowledges, means that the Quebec National Assembly should determine the content of the referendum question, but it adds that “in response to the results” of the referendum the federal government should “determine its own process in the spirit of the Supreme Court ruling and under international law.” Self-determination, by this interpretation, appears to be part of a strategy aimed primarily at avoiding its exercise!

The Sherbrooke Declaration limits its attention largely to demands (“special status,” “asymmetry,” “opting out,” “compensation”) that Quebec has raised defensively as an oppressed minority nation primarily concerned with fending off unwanted federal intrusions on its vital jurisdictions. It is cast as a strategy for winning Quebec acceptance of a federal union even before any constitutional guarantees of its national character have been achieved. It substitutes inter-governmental bargaining and accords for any form of popular participation (for example, the constituent assembly the party has occasionally proposed) that might re-conceptualize a genuine federalism.

The NDP cannot be faulted for recognizing the practical impossibility in today’s conditions of altering Quebec’s status through constitutional amendment. But it shares some blame for this impasse, above all because the party has made little effort over the years to re-imagine the national question by engaging with labour and the left in Quebec, and to educate around these questions in the Rest of Canada.

It is noteworthy that the NDP’s support of constitutional reforms opposed by unions in Quebec has embarrassed its cothinkers in the CLC leadership. In 1993, following the defeat of the Charlottetown Accord, the CLC signed an agreement with the FTQ that essentially gave the Quebec federation the status of an autonomous trade-union central in Quebec. CLC and FTQ leaders then showcased the agreement, which postal union leader Jean-Claude Parrot says established a relationship of sovereignty-association,[19] as a model for Canadian federalism! During the 1995 Quebec referendum, CLC leader Bob White “publicly declared that Quebec had the right to self-determination and that, in the event that Quebec did choose sovereignty, the rest of Canada would be obliged to calmly and reasonably negotiate the terms of secession.” And in 2000 the CLC broke ranks with the NDP parliamentary caucus by “taking a principled stand in opposition to the Clarity Act.”[20]

A new direction?

The NDP appears to have greeted its 2011 electoral breakthrough as proof that its overall course needs little amendment. No policy changes were proposed in either the June 2011 federal convention or in the seven-month long leadership contest following Layton’s untimely death. Some stumbling by MPs on issues of particular concern to Quebec — the party’s initial indifference to Harper’s appointment of an auditor general and Supreme Court judge who were not bilingual — was attributed to simple negligence, while the award of a multibillion dollar shipbuilding contract to east and west coast contractors, overlooking Quebec’s distressed shipbuilding facilities, went uncriticized by the parliamentary caucus. When the English media revealed interim leader Nycole Turmel’s membership in the Bloc Québécois and Québec solidaire, and pressured the party to outlaw such indications of sympathy for Quebec sovereignty, the party did not defend her. There is a danger in this.

MP Alexandre Boulerice, who is a member of both the NDP and Québec solidaire, told Le Devoir[21] that he saw no contradiction in membership in both parties as the question of Quebec’s status “will be settled in Quebec.” While this is consistent with the Sherbrooke Declaration, it seems naive in light of the ample evidence that any yes vote or revival of the independence movement will be met with fierce resistance by Ottawa — for which the NDP and its members seem totally unprepared.[22]

Unfortunately, the NDP has no process by which programmatic issues like these can be debated and decided democratically by the membership as a whole. It publishes no journals, maintains no general media for internal policy debate, and conducts no ongoing education. It is typical for a three-day policy convention to spend less than a day in total on program debate, the rest of the agenda being devoted largely to official speeches, organizational matters and entertainment. At the base, the party is largely an electoral machine, a “party of the ballot box,” the membership mobilized solely for fund-raising and getting out the vote.

The last — and virtually only — major party debate on the NDP’s programmatic orientation occurred more than 40 years ago, when the “Waffle” organized around a Manifesto for an Independent Socialist Canada.[23] The Manifesto called for the NDP to become “the parliamentary wing of a movement dedicated to fundamental social change.” Echoing the anti-imperialist and participatory democracy themes of the youth radicalization of the Sixties, it sought to reconcile its Canadian nationalism with Quebec nationalism, proposing to ally with Québécois in building a “united Canada” that alone could save the country from “American control.” At the 1971 NDP convention that elected David Lewis federal leader, the Waffle candidate Jim Laxer received about 40% of the delegate votes on the final ballot. But when its supporters began to organize for their views among workers in the steel and auto unions in the Ontario industrial heartland, the provincial NDP leadership, egged on by union officials, moved to ban the Waffle — effectively prohibiting party members from organizing around coherent policy positions that challenged what the party’s leadership considered their fundamental program. This bitter fight chilled debate in the NDP for many years afterwards.

In fact, the NDP suffers from a chronic deficit of rank-and-file democracy. Day-to-day policy, including on issues of major importance, is set by the parliamentary caucus or, where the party forms the government, the cabinet. Both the caucus and the cabinet can ignore decisions by other party leadership bodies; for example, in 2000 the federal caucus supported the Clarity Act despite the Federal Council’s opposition to it. And in recent years, federal legislation (supported by the NDP) banning union donations to parties and requiring the separation of federal and provincial parties has enhanced the institutional strength and independence of the caucus and the party leader by distancing them from the federal party’s traditional power brokers, the major unions and provincial NDP sections and leaders.[24] The federal NDP, like some provincial sections, has adopted a “one member one vote” (OMOV) system that accords no special status to convention delegates from affiliated unions. At the same time, of course, the party’s new dependency on public funding for political parties makes it less independent of the state.

Bay Street, the Alberta oil titans, and Canada’s ruling class as a whole can rest assured. With Thomas Mulcair at the helm, the federal NDP will likely continue the shift to the right that it was taking under Jack Layton. A former minister in Jean Charest’s Liberal government and before that an attorney for Alliance Quebec, he had angered solidarity and union activists prior to his leadership bid by his support of Israel and of NAFTA. In 2008 Mulcair, along with Layton and his runner-up rival for the party leadership Brian Topp, was one of the architects of the coalition agreement with the Liberals led by Stéphane Dion. Although a formal pact with the Liberals is not now in the offing, there is no secret about NDP readiness to ally with Liberals if that will help ease their way into government. The party’s enhanced governmental prospects will no doubt attract a substantial layer of career politicians as resource personnel and potential candidates, bolstering opportunist tendencies within the party.

It must be acknowledged that the Harper government’s right-wing agenda leaves Mulcair and the NDP considerable space to manoeuvre in the centre of the political spectrum. Furthermore, they are under little pressure on the left from social movements or trade unions, especially in English Canada. Meeting just one week after the May 2011 election, the Canadian Labour Congress listed “connecting with the NDP” as just one of the five “strategic” political priorities in its Action Plan: to “maintain our historical ... relationship of working with the New Democratic Party as the best choice of working people.” Hardly a ringing endorsement. However, the NDP has spoken out strongly in Parliament against the government’s legislation banning strikes and imposing arbitration on post office, airline and railway workers.

As for activists in the social movements, they clearly loath the Tories and greet the NDP’s victories but expectations are few that the party will qualitatively advance their causes. For many, an NDP vote continues to be a way to express opposition to the right-wing direction of Canadian politics. But it contributes little to building the needed culture of class solidarity that alone can point the way beyond capitalist oppression and exploitation.


[1] In April 2011 the Quebec NDP had only 1,700 members. As of mid-February 2012, the Quebec membership was 12,266, still a distant third behind British Columbia and Ontario with more than 35,000 each. Total Canadian membership was 128,351, an increase of more than 40 percent from the previous year as a result of recruitment during the party’s leadership contest.

[2] By this point the CP had adopted the “Third Period” ultraleft sectarian line of the now-Stalinized Communist International and turned to denouncing the Labour MPs and social democrats as “social fascists,” the “third party of capitalism,” rejecting united action with them for common objectives. As a result, what was then the largest body of organized Marxists in Canada left the field to the reformist Social Democrats to lead this process of labour-socialist unity.

[3] Both the Regina Manifesto and the Winnipeg Declaration are published as appendices to Walter D. Young, The Anatomy of a Party: The National CCF, 1932-61 (University of Toronto Press, 1969).

[4] Bryan Evans, “From Protest Movement to Neoliberal Management: Canada’s New Democratic Party in the Era of Permanent Austerity,” in Evans & Schmidt (ed.), Social Democracy After the Cold War (Edmonton: AU Press, 2012), p. 45.

[5] Ibid., p. 22.

[6] See in particular Donald Swartz and Rosemary Warskett, “Canadian Labour and the Crisis of Solidarity,” in Ross & Savage (ed.), Rethinking the Politics of Labour in Canada (Halifax: Fernwood Publishing, 2012), pp. 22-25.

[7] Keith Archer, Political Choices and Electoral Consequences: A Study of Organized Labour and the New Democratic Party (Montréal: McGill–Queen’s University Press, 1990), various chapters. Statistics on union-party organizational links are more elusive now, as a result of changes in the laws governing election and party funding. Federal NDP officials were unable to respond to my requests for more up-to-date information; however, it is unlikely that there has been any major increase in affiliation since the mid-1980s.

[8] Bryan Evans, “The New Democratic Party in the Era of Neoliberalism,” in Ross & Savage, op. cit., p. 57.

[9] Ibid.

[10] Larry Savage, “Contemporary Party-Union Relations in Canada,” 35 Labor Studies Journal 1 (March 2010), p. 15.

[11] Ross & Savage, op. cit., p. 58.

[12] http://xfer.ndp.ca/2011/2011-Platform/NDP-2011-Platform-En.pdf.

[13] Murray Cooke, “Constitutional Confusion on the Left: The NDP’s Position in Canada’s Constitutional Debates,” p. 3. A draft paper, available at http://www.cpsa-acsp.ca/papers-2004/Cooke.pdf. Quoted here with the author’s permission. Cooke’s paper is the most comprehensive critical review of the evolution of the NDP’s constitutional positions prior to the Sherbrooke Declaration. Useful accounts of the party’s relation to the Quebec question in its early years may be found in Roch Denis, Luttes de classes et question nationale au Québec, 1948-1968 (Presses socialistes internationalistes, 1979); and André Lamoureux, Le NPD et le Québec, 1958-1985 (Éditions du Parc, 1985).

[14] Programme du Parti Socialiste du Québec, https://docs.google.com/document/d/129ZvA7-HKPWlBnjBaSIevlN89DB7kzZY-SGtlIfdZsU/edit.

[15] Cooke, op. cit., p. 9.

[16] To my knowledge, the federal NDP has never published the Sherbrooke Declaration, although it was frequently cited in the Quebec media during the 2011 campaign. A few NDP candidates in Quebec linked to it on their web sites. The version cited here was published bilingually by Pierre Ducasse when he ran unsuccessfully for the NDP in Hull-Aylmer in the 2008 federal election. http://www.pierreducasse.ca/IMG/pdf/Declaration_Sherbrooke_FR_V2.pdf.

English: http://www.pierreducasse.ca/IMG/pdf/Declaration_Sherbrooke_ENG_V2.pdf.

[17] This commitment was reiterated in January 2013, when Toronto NDP MP Craig Scott introduced Bill C-470, An Act respecting democratic constitutional change. For a critique, see “The NDP revisits the Clarity Act.”

[18] See, for example, Claude Ryan, “The agreement on the Canadian social union as seen by a Quebec federalist,” Inroads No. 8, May 1999, pp. 27-43. Appended to Ryan’s article is the text of the agreement. http://www.inroadsjournal.ca/archives/inroads_08/Inroads_8_Ryan.pdf. The French text of the SUFA is available at http://csps-efpc.gc.ca/pbp/pub/pdfs/P97_f.pdf (see Appendix III).

[19] My Union, My Life, Jean-Claude Parrot and the Canadian Union of Postal Workers (Fernwood Publishing, 2005), p. 291.

[20] Larry Savage, “Organized Labour and Constitutional Reform,” 60 Labour/Le Travail 137-170, at pp. 168-69.

[21] May 7, 2012, p. 1.

[22] Boulerice told me in August 2012 that he and other NDP MPs have dropped any memberships they had in Québec solidaire. Federal leader Thomas Mulcair has indicated more than once his intention to establish a federalist provincial section of the NDP in Quebec that would compete with QS.

[23] http://socialisthistory.ca/Docs/Waffle/WaffleManifesto.htm.

[24] Murray Cooke, “Layton’s Legacy and the NDP Leadership Race,” The Bullet, September 22, 2011, http://www.socialistproject.ca/bullet/546.php, accessed August 1, 2012.

Saturday, February 16, 2013

‘Quebec education summit – a public relations operation’

Introduction

Following a meeting with Quebec premier Pauline Marois, the ASSÉ, the militant wing of the Quebec student movement, announced February 13 that it will boycott the Summit on post-secondary education that the Parti québécois government is holding later this month. The premier and her Minister of Higher Education Pierre Duchesne were clear that they rejected any proposal that university tuition fees be abolished and would continue to favour indexing fee increases to consumer prices.

“We will defend the option of free tuition and we will try to block indexation in the streets,” ASSÉ co-spokesperson Jérémie Bédard-Wien told a news conference. The Summit, he said, will simply serve to “legitimate decisions that have already been taken behind the government’s closed doors.”

“They tell us we can talk about free tuition at the Summit but it is not possible,” said ASSÉ co-spokesperson Blandine Parchemal. “They are still <div><br />	Jérémie Bédard-Wien et Blandine Parchemal, porte-paroles de l’ASSE</div><br />saying that free tuition is not affordable.” 

The ASSÉ has produced a brief outlining the case it had planned to present at the Summit. Now it will present its case in a mass demonstration planned for February 26, following a one-day general strike of students when the Summit opens February 25.

The students have received some unexpected support from Jacques Parizeau. In an interview with Le Devoir, published February 12, the former PQ premier noted that free tuition was one of the objectives of Quebec’s Quiet Revolution of the 1960s. It could easily be financed, he said, if the PQ government were to re-establish the corporate capital tax and set aside its “zero deficit” objective.

The following article by Gabriel Nadeau-Dubois, a former co-spokesperson of the CLASSE, was published as an op-ed piece in Le Devoir on February 14. Nadeau-Dubois is currently appealing his conviction and sentence to 120 hours of community service for criticizing court orders limiting student strike activities during Quebec’s “Printemps Érable” last year. My translation from the French was originally published on rabble.ca.

– Richard Fidler

* * *

One year after the Printemps érable – This Summit looks like a mere public relations operation

By refusing free tuition, the Marois government voluntarily slams the doors to university for 27,000 people

By Gabriel Nadeau-Dubois

One year ago to the day, my colleague Jeanne Reynolds and I announced the start by the CLASSE[1] of an unlimited general strike against the 75% increase in tuition fees announced by the Charest government. On February 14, 2012, there were barely 20,000 people who began to walk out. At that point we did not have the least idea that we were at the birth of what would become the greatest citizens’ mobilization in the history of contemporary Quebec. Where are we now, one year later?

In a week and a half, the Summit on higher education promised by the Parti québécois will open. It was presented during the election campaign as an opportunity to follow up on the important issues raised by the student movement in the spring of 2012, since it would go beyond the debate on the increase in tuition fees and address more generally the future of the Quebec universities. But with only a few days remaining before this exercise, it must be said that the PQ is unlikely to keep that promise.

Free tuition, a desirable and realistic project

By suggesting that free tuition is excluded from the possible scenarios, Minister Pierre Duchesne dismisses the position defended by a great many students and citizens last spring, and thereby undermines the credibility of his summit. The argument used by the minister and by the economist Pierre Fortin is revealing: they claim this measure would be too costly – because it would produce a 15% jump in university attendance! There is a price to having 27,000 more students attending school. This is a surprising admission, because it confirms the student movement’s argument that the level of tuition fees directly affects university attendance. And it also means that the Parti québécois government is prepared to voluntarily shut the doors of the universities to 27,000 people.

The never-ending argument about the government’s “ability to pay” is especially ironic given that it is the PQ leaders themselves who have tied their hands twice over: first, by their stubborn commitment to achieve a balanced budget as early as 2013, when the Conservative government in Ottawa (which can hardly be characterized as social democratic) has itself postponed that target by one year; and again by renouncing its own promises in relation to taxation (among them, to increase mining royalties and add another income tax bracket). On the one hand, this government voluntarily deprives itself of revenues, while on the other hand it claims it does not have enough latitude to open the university doors to 27,000 Québécois youth. No one, not even the ASSÉ, is claiming that free tuition can be established in two days. But can we not think of a plan for gradually reducing fees, even if it means in the short run opting for a freeze as a transitional step?

The need for a substantive debate

The last time we had some collective thinking about the Quebec education system was more than 50 years ago. At the time, the Parent report had set free tuition as a medium-term goal for Quebec universities, the freeze on fees being seen only as a step in that direction. Things have changed since then. The compromise of that day, between the need to stimulate economic development by creating a skilled labour force and the humanist principles of democratizing education and transmitting a common culture are today being eroded in favour of only one of these two poles, and we know which one. Between Guy Breton,[2] who declares without flinching that “brains [must] correspond to the needs of companies,” François Legault,[3] who “dreams” of “Silicon Valley, with Stanford and Berkeley universities,” and Line Beauchamp,[4] who says “the curriculum must respond to the needs of the companies,” a quite reductionist vision of education is being fashioned, one that assesses the universities primarily from the standpoint of their participation in economic growth.

You need only go to a single student demonstration to know that the students are indignant, not only at the increase in tuition fees, but also at this overly economistic slippage by our educational institutions. While discussions of financing and accessibility have their place at the Summit, it is regrettable to find that while the debate gets carried away over accounting issues the most important questions are left in abeyance. There is so much talk about how to finance teaching and research that we forget to ask about their ultimate purpose. What interests should guide the research that is talked about so much? What should we be teaching in our universities, and how?

Instead of showing political courage by tackling head-on the crucial and controversial question of the role of the universities, the Parti québécois is again closing the window opened by the student movement, locking the debate behind some sterile technocratic issues. Instead of being a real time for collective thinking, as the university community has been demanding for many years, the much awaited Summit looks more and more like a mere public relations operation aimed at pasting a veneer of political legitimacy on a decision already taken — to index tuition fees and continue with the quiet privatization of the universities. It is disconcerting to see the indifference to the Americanization of the university system on the part of this government, which claims to defend the culture and political autonomy of Quebec. If the Parti québécois remains even minimally committed to the ideals of the Quiet Revolution, it must demonstrate this now by envisaging free tuition and tackling the whole issue of the university’s mission. Otherwise, it will have demonstrated that its discourse about youth and the future was just electioneering, and that we must now build a society based on social justice without it.

(cartoon by Garnotte, Le Devoir)

ASSÉ meteorite shower, Duchesne’s nightmare

We are told it is utopianism to defend free tuition and university autonomy. But the utopia is to think that a community can flourish without providing its young people with the broadest possible access to learning and culture. The student movement is accused of dogmatism when it firmly defends its positions. But in my view what is dogmatic is the government’s refusal to envisage a social agenda that not too long ago was widely accepted among Quebec’s politicians. Now they talk about this concept as if it were a radical fad. If the students are being accused of building castles in the air, perhaps it is because the politicians long ago opted in favour of a policy of levelling down.

Gabriel Nadeau-Dubois, a former co-spokesman of the CLASSE, is a graduate in History, Culture and Society at the UQAM, and now a philosophy student at the University of Montréal.


[1] Coalition large de l’Association pour une solidarité syndicale étudiante – Broad coalition of the Association for student union solidarity.

[2] Rector of the University of Montréal.

[3] Leader of the right-wing Coalition Avenir Québec party.

[4] Liberal education minister during the 2012 student strike.

Thursday, January 31, 2013

The NDP revisits the Clarity Act

I have written critically more than once about the New Democratic Party’s “Sherbrooke Declaration,” most recently in an article to be published in the next issue of Nouveaux Cahiers du Socialisme.[1] Although the Declaration, adopted by the federal NDP in 2006, represented modest progress in the party’s approach to Quebec, it has important ambiguities and contradictions that in my view undermine and even negate the Declaration’s formal commitment to uphold Quebec’s right to self-determination.

Although it is the NDP’s most complete statement on the Quebec national question, the Declaration is notable for its failure to address Quebec demands for a change in its constitutional status, whether through reform or independence. In fact, the Sherbrooke Declaration can be read as an attempt to circumvent the issue of constitutional reform in favour of essentially administrative and bureaucratic approaches designed to “make federalism work.”

The Declaration’s over-arching concept of “cooperative federalism” involves not a reallocation of powers but a never-ending process of policy and program negotiation between Quebec and Ottawa and (in most cases) the other provinces and territories, negotiations in which Quebec may and often does find itself alone arrayed against the other ten or more governments. It is cast as a strategy for winning Quebec acceptance of a federal union even before any constitutional guarantees of its national character have been achieved.

Most remarkably, the Declaration fails to mention the federal Clarity Act, which the NDP parliamentary caucus voted overwhelmingly to support in 2000 in the face of opposition to the Liberal government bill by the party’s Federal Council and the Canadian Labour Congress, as well as many rank and file party members. The Clarity Act makes Quebec sovereignty following a “yes” vote contingent on agreement by the federal Parliament and the other provinces, a clear denial of the democratic right of Québécois to determine their own future as a nation.

The NDP’s political incoherence on the Quebec question has once again been highlighted by its response to a Bloc Québécois bill now before Parliament. Bill C-457, An Act to repeal the Clarity Act, would do just that, if adopted. However, unwilling to support repeal without offering substitute legislation, the NDP has instead moved its own bill, C-470, which would in effect oblige the federal government to negotiate with Quebec should the Québécois vote in their majority for sovereignty (or other constitutional change) in a popular referendum. This is an improvement on the Clarity Act, which contained no such obligation. However, Bill C-470 is far less than a consistent defense of self-determination; it does not renounce some underlying concepts in the Clarity Act.

As its preamble makes clear, the NDP bill stands on the principles laid down by the Supreme Court of Canada in its judgment on the Quebec Secession Reference. It says the Clarity Act “does not accurately reflect some key dimensions of those principles and processes.” It cites in particular the “obligation of all parties to Confederation to negotiate” in the event of a Quebec vote for sovereignty or secession. And the bill sets out a procedure for allowing this:

1. The federal government must determine whether in its opinion the wording of the referendum question is clear. It suggests two possible wordings that would pass this test: “Should Quebec become a sovereign country?” and “Should Quebec separate from Canada and become a sovereign country?” If the government thinks the question is unclear, it shall refer the matter to the Quebec Court of Appeal, which must declare its opinion as to clarity within 60 days. Presumably, if the Quebec court says the question is unclear, the Quebec referendum has no legitimacy, in the NDP’s view.

In other words, the NDP is willing to let the federal government (or alternatively, the Quebec court of appeal, whose judges are appointed by Ottawa) determine the legitimacy of a Quebec referendum on its constitutional status.

2. Not only must Ottawa be satisfied that the referendum question is “clear.” It must be satisfied that Quebec’s procedures in the referendum — “balloting, counting of votes, transmission of results and spending limits” — are acceptable.

3. If the previous two conditions are satisfied, a “majority of valid votes” in favour of the proposed change will suffice to require “all parties to Confederation” — that is, not just the federal and Quebec governments, but the governments of all provinces and territories — to negotiate Quebec’s secession or desired constitutional change.

The Clarity Act studiously refrained from specifying what percentage of the vote would constitute a “clear majority” in the federal government view, implying that it had to be much more than 50% support for secession. The main purpose of the NDP bill — other than fending off its embarrassment in opposing the Bloc Québécois’ straightforward rejection of the Clarity Act — is to spell out a federal government role in determining what would justify the NDP’s acceptance in the Sherbrooke Declaration of a simple majority (50% plus one) vote for sovereignty.

Notable in all this is that there is no principle laid down in the NDP bill that would legally (albeit not constitutionally, let us note) require the federal government and the other provinces to accept a Quebec vote for secession and take appropriate action to implement it. Instead, it stands on the Clarity Act’s fundamental thesis that Ottawa (or its appointed judges) can determine the legitimacy of a Quebec vote for sovereignty (while suggesting how that might be done). And it leaves any action subsequent to such a vote to negotiations involving “all parties to Confederation” in which Quebec would almost certainly face a dozen or so reluctant or hostile governments, federal, provincial and territorial, willing or eager to wield all the formidable powers at Ottawa’s command — its crucial jurisdiction over banking and finance, trade and commerce, foreign affairs, the senior courts and judiciary, even the military and federal police — to drive a hard bargain with this upstart separatist government.

However, the NDP bill does contain a few novel features that are worth noting.

One is its proposal (in section 9) that Ottawa and the provinces must agree to negotiate any proposals adopted by voters in a Quebec constitutional referendum on such matters, short of secession, as accepting the 1982 Constitution (which Quebec has never done); limiting the federal spending power in Quebec; proposals affecting tax transfers and associated standards; and opting out by Quebec, with full compensation, from any federal programs in areas of exclusive provincial jurisdiction. This provision, if implemented, could reinforce Quebec efforts to oblige the other governments to address its concerns in these fields. And it might appeal to the Parti québécois leadership’s alternative to campaigning for sovereignty: its “sovereigntist governance” stance of step-by-step measures to increase Quebec powers within the federal union.[2]

Here too, however, Ottawa would have the same power to determine the legitimacy of the Quebec referendum that the NDP would give it on the question of sovereignty.

Also worth noting is the suggestion in the NDP bill (section 11) that it would be appropriate for the federal and Quebec governments to discuss or negotiate the wording of a referendum question prior to a decision on its actual wording. This may have been inspired by the agreement recently negotiated between the Scottish and Westminster governments on the wording of the proposed question or questions in the forthcoming Scottish referendum on independence. Quebec Premier Pauline Marois made a point of visiting Edinburgh on her recent European tour precisely in the hope of questioning leaders of Scotland’s governing National Party on the process adopted there.

These novel features of the bill suggest that the NDP is attempting to dialogue with the more conservative elements in the Parti québécois and the Quebec nationalist milieu, to offer itself as a potential bridge to ultimate constitutional reconciliation with the Rest of Canada. (They may also help to paper over differences among the party’s 58 Quebec MPs on approaches to the Quebec national question.)

Notable as well, however, is the remarkable hostility aroused by even these conciliatory gestures by the NDP. Not just from the other federalist parties; that was to be expected. But the reaction from the major media mouthpieces in English Canada has been vitriolic, with hostile editorials, for example, in the Globe & Mail and Ottawa Citizen (the latter also published two dismissively critical columns on the same day); and an editorial in the Toronto Star, the only daily that endorsed the NDP in the 2011 federal election, protesting that the NDP bill “lowers the bar to [Quebec] secession.” Pronounced the Star: “Canadians need to know that a party that aspires to govern the federation is prepared to defend it. In the NDP’s case that can’t be taken for granted.” These reactions do not auger well for Thomas Mulcair’s hopes of placating both Québécois nationalists and Anglophone federalists.

Reaction in the Quebec media has been more low-key. The few commentators there have focused on the media opposition to the bill in the other provinces, which they tend to attribute to the public’s lack of understanding of Quebec’s aspirations — itself a product of media mis-education, of course. Notable, however, was Ottawa-based columnist Manon Cornellier’s positive assessment of the NDP bill in the independent nationalist daily Le Devoir. The NDP bill, she wrote,

“largely reconciles the position of the Quebec caucus with that of the rest of the country, where a substantial majority of voters still support the idea of a law to control a possible secession attempt....

“That the federal government still has to give its opinion on the question sets one’s teeth on edge, as does the application to the Court of Appeal in case of dispute, but even if there were no law the federal government would resist negotiating if it considered the question ambiguous. The proposed procedure ultimately limits Ottawa’s latitude in the matter.

“As to appealing to some Quebec judges, one might ask whether that is better than relying, as now, on a majority of English-Canadian MPs perpetually convinced that the Yes supporters don’t understand the meaning of what they’re doing....

“Through this bill, [the NDP] reaffirms its adherence to some important principles: the right to self-determination of the Québécois, the recognition of a tight victory, and asymmetry. Which is clever.”

This suggests that the NDP bill may satisfy “soft” nationalist supporters of the NDP in Quebec (and thereby preserve many of the party’s seats there in the next election). It may be sufficient to minimize the damage to the party in Quebec from its opposition to the Bloc québécois bill.

In any event, both NDP and BQ bills will likely never be put to a vote, and die on the order paper. But in my opinion the limitations of the NDP bill, as well as its hostile reception in the English-Canadian mass media, underscore the size and scope of the challenge facing NDP members and supporters: to begin a long-overdue intensive critical evaluation of the Canadian constitutional set-up, the challenges posed to it by Quebec’s development as a distinct nation, and progressive responses to them.[3]

The Idle No More movement of indigenous activists is raising similar or related questions in its challenge to the legal and constitutional provisions imposed on them by the Canadian settler occupation state. Perhaps they will help stimulate some critical thinking on the left about these issues, which remain far from resolved.

-- Richard Fidler


[1] “Le NPD peut-il construire une alternative?,” in NCS No. 9. For analyses in English, see, inter alia, “The federal NDP’s electoral breakthrough in Quebec”; and “Layton chooses Supreme Court, Clarity Act over NDP’s Sherbrooke Declaration.”

[2] Quebec’s new Minister of International Relations Jean-François Lisée proposed this “stageist” Plan B strategy for a Parti québécois government in his book Sortie de Secours: Comment échapper au déclin du Québec (Boréal, 2000): one or more referendums on a list of essential needs that, if implemented, would constitute a renewed federalism.

[3] The NDP would also benefit by abandoning its hostility to the progressive wing of the Quebec sovereigntist movement, in particular the pro-independence Québec solidaire. A first step in this direction would be to reject Mulcair’s goal of building a Quebec wing of the NDP to compete with QS. Although action on his proposal was postponed for a few years at a recent convention of federal NDP forces in Quebec, largely on pragmatic grounds — last year’s recruitment drive brought federal NDP membership in Quebec to just over 13,000, slightly less than the QS membership and far from its goal of 20,000 — Mulcair shows no sign of relenting on his project.