Studies
on the Canadian Constitution and Canadian Federalism
Last
revised:
February 2005 |
John A. Macdonald, Confederation
and
Canadian Federalism
Claude
Bélanger,
Department of History,
Marianopolis College
Canadian
politician, statesman and Father
of Confederation (1815-1891). Elected to the House of Assembly of
the United Province of Canada 1844-1867; Minister in several governments
(1847-1848, 1854-1858, 1858-1862, 1864-1867). Elected to the House of
Commons in 1867 and reelected until his death in 1891. Prime Minister
of Canada (1867-1873, 1878-1891).
Macdonald
is considered to be one of the chief architects of Confederation. As
leader of the Conservatives
of Canada West he agreed to join the Great
Coalition of 1864 whose aim was to achieve Confederation. His role
in the several conferences prior to Confederation was vital and he emerged
easily as the political leader of the scattered colonies of British
North America. Hence, he was chosen to be the first Prime Minister of
the new Dominion.
Macdonald
was never a warm supporter of federalism
(in June of 1864 - as the province was about to reach a deadlock - he
voted against the recommendation
of a House Committee for a federation of all the British North American
colonies) and this political stance was to colour greatly his actions
in the first thirty years of Confederation. During the Confederation
debates, he stated his position as follows: "Now as regards the
comparative advantages of a Legislative and a Federal union, I have
never hesitated to state my own opinions. I have again and again stated
in the House, that, if practicable, I thought a Legislative
union would be preferable... But, on looking at the subject in the
Conference,
and discussing the matter as we did, most unreservedly, and with a desire
to arrive at a satisfactory conclusion, we found that such a system
was impracticable. In the first place, it would not meet the assent
of the people of Lower Canada, because they felt in their peculiar position
- being in the minority, with a different language, nationality and
religion from the majority - in case of a junction with the other provinces,
their institutions and their laws might be assailed, and their ancestral
associations, on which they prided themselves, attacked and prejudiced;
it was found that any propositions which involved the absorption of
the individuality of Lower Canada - if I may use the expression - would
not be received with favour by her people... Therefore, we were forced
to the conclusion that we must either abandon the idea of Union altogether,
or devise a system of union in which the separate provincial organizations
would be in some degree preserved."
Being
forced to accept federalism because of the insistence of Quebec, Macdonald
was, nevertheless, determined to avoid what he called the excesses of
the American
federal constitution. The experiences of our neighbors, entwined
in the throes of the Civil War at the time, had led him to believe that
Canada needed a system with a strong and preponderant federal government.
He made his views clear, on the issue, during the Confederation debates: "The United States began at the wrong end. They declared by their
Constitution that each state was a sovereignty in itself, and that all
the powers incident to sovereignty belonged to each state, except those
which by the Constitution were conferred upon the General Government
and Congress. Here we have adopted a different system. We have strengthened
the General Government. We have given the general Legislature all the
great subjects of legislation. We have conferred upon them not only
specifically and in detail all the powers which are incident to sovereignty,
but we have expressly declared that all subjects of general interest
not distinctly and exclusively conferred upon the local government and
local legislatures, shall be conferred upon the General Government and
Legislature."
To
a large extent, Macdonald achieved the type of centralized
federalism (quasi-federalism) that he desired. He was not, however,
fully satisfied with some of the concessions that he had had to make
to the strong federalists. Upon assuming the Prime Ministership of Canada
in 1867, he determined to shape the new Constitution in the way that
he desired. He explained clearly his position in a letter to a friend
in 1868: "I fully concur with you as to the apprehension that a
conflict may, ere long, arise between the-Dominion and the 'States Rights'
people. We must meet it, however, as best we may. By a firm patient
course, I think the Dominion must win in the long run. The powers of
the General Government are so much greater than those of the United
States, that the central power must win in the long run. My own opinion
is that the General Government or Parliament should pay no more regard
to the status or position of the Local Governments than they would to
the prospects of the ruling party in the corporation of Quebec or Montreal."
The
history of the first 25 years of Confederation under Macdonald is but
one long attempt to implement his program of strengthening the federal
government at the expense of local autonomy. The result was a mixed
bag of successes and failures. Among what he considered to be his successes
were the opening of the West, the creation of a Dominion from "Sea
to sea," the transcontinental
railway and the National
Policy.
However,
Macdonald's excesses of centralization led inevitably to the creation
of a powerful provincial autonomy school that championed a more classical
form of federalism. Ultimately, Macdonald's centralization (and that
of later governments) came close to producing what George
Brown predicted in 1870: "The danger most to be feared is that
men who really don't believe in Confederation (he meant the federal
system) at all should so seek to extend and consolidate the Federal
legislative and executive power that the local Governments and Legislatures
shall be in danger of becoming mere shadows and shams, and that the
recoil from such a danger may lead to the opposite extreme of ignoring
national unity, and in zeal for mere local interests and specialists,
the breaking up of Confederation altogether."
For
further information, consult the entry under John
A. Macdonald in the Encyclopedia section of the site.
©
2001 Claude Bélanger, Marianopolis College
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