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MINISTER DION STATES THAT FLEXIBLE FEDERALISM ENABLES PROVINCES TO EXPRESS THEIR
INDIVIDUALITY
MEXICO CITY, MEXICO, October 1, 1999 –
The Honourable Stéphane Dion, President of the Privy Council and Minister of
Intergovernmental Affairs, spoke today at El Colegio de Mexico, one of the most
distinguished institutions of higher education in Mexico, before an audience of
students, academics and experts in federalism. Minister Dion stated that the
flexibility of the Canadian federation, as well as certain asymmetrical elements
in that federation, allow Canada to reconcile equality of status with diversity.
"Most federations have significant
differences in the character of their constituent states," noted Mr Dion.
"This raises the question: how can very different constituent units be
content with the same constitutional status? How can federalism be flexible
enough to respect both the principle of equality and that of diversity?" In
response to these questions, the Minister identified three methods that
federations use to reconcile equality and regional specificity: "financial
asymmetry", "constitutional asymmetry" and "optional
asymmetry". Elements of all three can be found in the Canadian federation.
Minister Dion explained that "financial
asymmetry" consists of putting in place mechanisms of intergovernmental
transfers that are specifically designed to assist the less wealthy components
of a federation. The objective is to ensure that, despite the inequality of
their autonomous revenues, the components are more equal in fact, he added. The
principle of equalization "is strongly and consistently supported by
Canadians from have and have-not provinces alike," noted the Minister.
The Minister turned his attention to some of the
"constitutional asymmetries" that exist in the Canadian federation.
While all of the Canadian provinces have broadly the same constitutional powers,
there are certain special provisions for individual provinces within the
Canadian constitution relating to subjects such as constitutional protection for
denominational schools and minority language rights. He pointed out that Quebec
is the only province that uses civil law. He also added that, "under the
Constitution Act, 1982 the Government of Quebec has the right to limit the
access to English schools for as long as it deems this to be desirable in order
to better protect the French language in our North American context."
Mr. Dion went on to outline a third type of
asymmetry, "optional asymmetry", which, he noted, manifests itself in
numerous forms in Canada. "These asymmetries have arisen over time, because
the provinces have chosen to use their powers in different ways. Some provinces,
Quebec first and foremost, have used many more of the possibilities provided for
in the Canadian Constitution", noted the Minister.
He outlined several examples of optional
asymmetry in fields such as immigration, tax collection and pensions. "The
key point of these asymmetries is that they do not reflect differences in
underlying constitutional powers, but demonstrate the flexibility of the
federation in terms of the practical use of these powers," stated the
Minister.
"This is the Canadian way of seeking unity
in diversity," stated Mr. Dion. "The result is that the provinces'
equal status is not to be confused with uniformity." The Minister concluded
by noting that "(...) federalism is likely one of the best responses to
ensure that diversity is the very opposite of a problem, a threat or a source of
division, and is instead a strength which helps a country to prosper in
unity."
Mr. Dion added that he hoped his
remarks about the Canadian experience would be of some relevance to his audience
in the search for what is called in Mexico the New Federalism.
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For information:
André Lamarre
Special Assistant
(613) 943-1838
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