LECTURE 6
CONFEDERATION AND THE
NATIONAL POLICY
Generations of Canadian school-children,
at least in "English Canada", have been taught that the union of
the British North American colonies in 1867 was brought about by the far-sighted
efforts of a group of public-spirited "fathers of Confederation" who dreamed
of creating a great northern replica of the United States out of the remains
of the British empire in North America. Of course the process was
more complex, having been driven by hard economic realities of the time
and a bewildering interplay of political relationships which had developed
within and among the colonies themselves, between the colonial administrations
and the British authorities in London, and between the colonies and the
American states to the south. From a "public choice" perspective, the
union may be thought of as the outcome of an interaction among a
large number of particular interest groups within British North America,
all influenced by regional and local objectives, accepting the risks of
supporting changes in the political organization of BNA which they hoped
would serve their purposes, while being severely constrained in their options
by external forces over which they had no control.
But complex as the motives and circumstances underlying Confederation
were, Canadain economic historians have seen Confederation itself as only
one component of an even larger scheme, the building of a transcontinental
national economic system which seemed to defy "natural" ("market"?) forces
dictating a "north-south" integration of economic activity in all
of North America. This (perhaps entirely imagined) grand design has come
to be called the "national policy" (note absence of caps). It has conventionally
been represented as having four main components: the political union ("Confederation");
the acquisition and settlement of the western lands; construction of a
transcontinental railway (the CPR); and a protective tariff (also confusingly
known as the "National Policy" --note the caps).
CONFEDERATION
-
Who wanted it?
-
"the people"?
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farmers?
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business and commercial interests?
-
Winners and losers
-
the situation in the Maritime
colonies
-
the situation in the United
Province of Canada
It is not difficult to find the motives
underlying some of those who supported Confederation, but it should not
be imagined that the undertaking meant much to most ordinary citizens of
the time. There was no great upsurge of resentment against Britain or demands
for the advancement of popular democracy. Instead there were the particular
problems of groups such as farmers who could hope that a stronger national
government could support their quest for new markets and better transportation
facilities to get their products to them.
In the Maritimes, economic conditions
had been generally good, but some of the more progressive business and
commercial interests were anxious to see railway links established to connect
them to larger centres of population, projects which it was already evident
exceeded the capabilities of existing colonial governments. In central
Canada other business interests were looking for a broadening of their
domestic markets, especially for manufactured goods. However, there were
also many who feared change and who tended to focus their attention on
the real risks involved in departing from the status quo. Especially in
the Maritimes many people feared that a local way of life, instead of being
strengthened, would be submerged by union with a larger and more populous
Canada. In central Canada there were those who feared that the larger union
would simply further strengthen the dominant business elites while some
particular groups, such as the anglophone Protestant majority in Canada
East were concerned about their future in a newly constituted federation
which would replace the existing legislative union of the Canadas.
Options
-
status quo
-
economic stagnation
-
net emigration to US
-
union with the US
-
unease with outcome of Civil
War
-
dislike of American values
-
renewal of imperial connection
-
independence through union
The alternatives to Confederation
however were even less attractive. The status quo was, for many reasons,
unacceptable. Economic stagnation and the fact that so many were "voting
with their feet" by leaving British North America made that clear enough.
Then, as now, the option of union
with the US was appealing to some. Certainly many Americans of the time
saw such a development as inevitable. But despite an organized "Annexationist
Movement", this option failed
to attract either mass support or significant support from the business
community in the Maritimes or in Canada. The fact that the US was in disarray
as a result of the Civil War may have been a factor in this. And certainly
many in BNA, including those of Loyalist background, found closer ties
with the US repugnant.
Another option which appealed to
many who retained ties with Britain, or who remained sentimental about
the British connection, was a renewal of the old imperial system, or some
revised version of it. There were no indications, however, that the British
were interested in such.
By default, then, it seems likely
that Confederation -- despite all the obstacles presented by the regionalism
and internal conflicts which would have to be at least glossed over --
offered better odds for most of those involved than the available alternatives.
The Appeal of Federalism
-
reconciliation of unity with diversity
-
a strong central government
-
to manage economic growth
-
to withstand the "manifest
destiny" of the US
-
preservation of local particularities
-
French
language and culture
-
Maritime traditions
The key to resolving these differences
among the prospective members of a larger national union lay in the promise
of federalism. Creating a federal union offered a way of achieving two
otherwise incompatible things at the same time: unity and diversity.
A strong central government would
be created which could achieve certain things the individual colonial governments
could not: it could support large-scale investments in railways and other
nation-building infrastructure; it might be able to stand up to the threat
of a casual US take-over of Canada or the nibbling away of its parts as
had happened in the case of Mexico; it could manage the country's external
trade and such things as money, banking, and postal services which were
national in scope.
At the same time provincial governments
would continue to attend to matter of local or particular regional interest.
The way of life which had developed over generations in the Maritimes,
in Quebec, and in southern Ontario would go on much as it had under the
control of locally-elected politicians.
Of course there was nothing original
in this. Federalism had been adopted elsewhere. One thing that had recently
been made clear, however, was that such systems could break down if some
of the constituent states chose to break away. The bloody civil war in
the US showed how great the danger of this could be.
The
British North America Act 1867
-
Section 91 assigned responsibility to the federal authority
for:
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defence, money, criminal law,
-
patents, penetentiaries
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and "all matters not specifically assigned
to the provinces
-
Section 92 assigned responsibility to the provinces
for:
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the public lands
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hospitals, charities, education
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municipal institutions
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property and civil rights
-
all matters of a local or private nature
Following lively negotiations among
representatives of the various BNA colonies, in 1867 the British Parliament
enacted legislation, the British North America Act, creating a federal
union of Canada (divided into the provinces of Ontario and Quebec), Nova
Scotia, and New Brunswick.
For our purposes the most significant
parts of the Act were sections 91 and 92 which set out the responsibilities
of the two levels of government in the new Dominion. Section 91 assigned
to the federal authority what appear to have been considered the larger
and more expensive functions of government, including defence, money and
banking, the criminal law, patents, penitentiaries…plus a catch-all assignment
of all matters not specifically assigned to the provinces. The Act also
charged the federal government with another very broad category of responsibility,
ensuring "peace, order and good government".
Section 92 gave the provinces responsibility
for management of natural resources, hospitals, charity and education,
municipal government, and another catch-all category "all matters of a
local or private nature".
Revenue Sources
-
Federal government:
-
any mode or system of taxation
-
borrowing on the public credit
-
Provincial governments:
-
direct taxation
-
borrowing on the public credit of the
province
The British North America Act assigned
revenue-raising powers to the two levels of government commensurate with
what framers of the legislation expected would be required for them to
carry out the duties assigned to them.
The federal government was authorized
to borrow on the public credit of the country as a whole, and to impose
any form or mode of taxation, either direct or indirect, on its citizens.
The provincial governments were
authorized to borrow on the public credit of the province, and to impose
direct taxes only.
The distinction between direct and
indirect taxes is significant. Direct taxes, such as a sales tax are conspicuous
and resented by tax payers which means that governments limited to such
a form of taxation will find the political costs of raising revenues by
this means are high.
Governments with access to indirect
taxes have much greater taxing power in a practical sense because such
taxes, imposed for example on goods while in the process of production,
are invisible to those who ultimately bear the burden of them because they
are buried in the price they pay for a good or service.
Interpretation
-
literal?
-
intention to grant the major functions of government
to the central authority PLUS any additional functions arising in the future?
-
but…"property and civil rights" and "all matters of
a purely private or local nature"?
-
finding an impartial judicial authority
It
will be evident from even this cursory glance at the written part of the
Canadian constitution that its meaning in places is far from clear.
For example, what would be included
in "property and civil rights"? Indeed, what could be excluded? What would
be covered or not covered under "all matters of a purely private or local
nature"?
Any written constitution must be
interpreted, but where is responsibility for such interpretation to reside?
In the US, the task of deciding
what the constitution means was entrusted to the Supreme Court, the highest
court in the American judicial system. (Note that in Britain which managed
to get along very well without a written constitution such a question doesn't
arise -- Parliament is the ultimate decision-making body in that system.)
In Canada the question of judicial
interpretation was so sensitive because of concerns that a Canadian
Supreme Court might be less than impartial (a matter of particular
concern to the French Canadians in Quebec) that interpretation of BNA was
left in the hands of a remote and obscure body in London called the Judicial
Committee of the Privy Council.
The Question of Territorial
Expansion
-
the threat of American "Manifest Destiny"
-
the Oregon issue
-
Texas, California and the south-west
-
British Columbia ...Victoria
and the interior
-
the inviting open plains of the BNA interior
-
a new frontier of agricultural settlement
to support the economic development of central Canada?
Following Confederation Britain transferred
title to all its possessions in what is now western and northwestern Canada
to the new Dominion. The Hudson's Bay Company also agreed to turn over
Rupert's Land in return for compensation in the form of cash and land grants
from the Canadian government.
The big question remained, however,
as to how suitable the lands of the western interior were for agricultural
settlement. To determine this, the Canadian and British governments sponsored
expeditions to investigate the agricultural potential of the region.
The reports of these expeditions
were somewhat inconclusive. They indicated that much of the most accessible
part of the interior plains seemed to be quite arid, although there was
a more promising belt of land surrounding this dry area (which came to
be called Palliser's triangle after the leader of the expeditions) which
was more suitable for farming. Some of those involved in the surveys also
suggested that the biggest problem facing development in the region would
be establishing transportation facilities to link producers there to outside
markets.
Another problem which arose to complicate
the plan to establish large-scale agriculture in the west was the unexpected
opposition of local inhabitants and in particular the established Metis
community in the Red River area of what is now southern Manitoba.
The Western Lands
-
the transfer of land title to the new Dominion
-
Palliser's
expeditions to assess the possibilities of agricultural settlement
in the region
Some supporters of the Confederation
proposals in the 1860s suggested that a union of the BNA colonies would
make possible the development of the lands of the continental interior,
creating a new frontier of agricultural settlement which would provide
an expanding domestic market to support the development of manufacturing
and commercial activities in central Canada. How seriously this possibility
was taken to be at the time is unclear, but such a project did get underway
in the years following Confederation.
It has been suggested that the British
government was particularly interested in promoting such a scheme in order
to contain the expansionist ambitions of the United States. The US had
already annexed Spanish territory in the southwest, seized much of Texas
which was converted into the state of Texas, negotiated transfer of the
Pacific Northwestern Oregon
territory from Britain to American jurisdiction, and effectively occupied
lands in California which were claimed by Spain. Prospectors from the US
entered British Columbia in substantial numbers during the gold rushes
of the 1850s and the possibility that they might challenge British claims
in the area and demand US "protection" was a real threat to British sovereignty
in the region. Even more threatening was the fact that by the 1870s the
American west was filling up and it seemed likely that the American frontier
of western settlement would simply swing northward into British territory.
The
Red River Resistance
-
attempt to establish a Métis nation
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origins of Manitoba
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opposition of white Protestant interests in Ontario
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armed rebellion of 1869-70
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military suppression by federal authority
The Red River rebellion of 1869, now
more sensitively referred to as the Red River "resistance", did little
to disrupt the process by which the western prairies were converted from
the older uses of the fur trade to the new "purposes of the Dominion".
But it represented a number of significant policy issues, some of which
continue to reverberate in debates over the Canadian federation.
The opposition of largely French-speaking,
Roman Catholic offspring of fur traders who had married native Indians
to the plans of the federal government to develop the agricultural resources
of the prairie west served to highlight the extent to which the territorial
expansion of Canada into that region was assumed to be a matter of creating
a white, English-speaking Protestant economic, political and social system
in the region…in effect a westward extension of southern Ontario. It forced
some acknowledgement of French-Canadian rights outside Quebec, although
the effect of concessions made by the federal government to the Metis at
Red River was subsequently negated by its decision to hang Louis
Riel following his involvement in a second insurrection in the 1880s.
Disposal of the Public Lands
-
to compensate Hudson's By Co.
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to subsidize railway construction
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to attract settlers by giving away homestead lands
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to finance public education
Canadian land policy in the new western
territories was closely modelled on that of the US. Even the survey which
laid out the pattern of property titles in the region followed the American
system rather than that which had previously been used in central Canada.
The idea of using land grants to subsidize railway companies was also borrowed
from the Americans as was the free homestead policy which made a quarter
section of land (160 acres) available for a fee of $10 and a commitment
of at least 3 years residency on the land.
Some land was also set aside for
purposes of financing education once settlement got underway in the region,
some was made available to the Hudson's Bay Company as compensation for
its surrender
of title to Rupert's Land, and the rest was disposed of by direct sale
or by sale through private land companies.
A large literature has grown up
examining Canadian land policy in the prairie west, much of it critical,
claiming that the homestead policy encouraged wasteful, premature settlement,
that the railway land grants were excessive, that the railways and the
Hudson's Bay Company realized excessive speculative gains from the land
they acquired, that the Metis were cheated of the lands reserved for them
and so on. The greatest concern at the time, however, was that the hoped
for flood of settlers into the region was so slow in arriving. It was not
until well on in the 1890s that large scale immigration to the west got
underway.
The Railway
-
Condition of BC's entry into Confederation
in 1870
-
The Canadian Pacific Railway contract
of 1880
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$25 million subsidy
-
25 million acres of good land
-
700 miles of existing track
-
tax and tariff exemptions
-
20 year monopoly of traffic in region
Obviously development of the western
interior required some sort of transportation system to connect the region
to the rest of North America. In the late 1860s an American railway, the
Northern Pacific was constructed across the northern states. The possibility
of building links to it from western Canada was proposed by the Grand Trunk
Railway company but this was rejected in favour of an ambitious plan to
construct a railway from central Canada to the west by an all-Canadian
route passing north of the Great Lakes through the difficult terrain of
the Canadian Shield. Completion of such a transcontinental line became
part of the agreement by which British Columbia was induced to enter Confederation
in 1871.
Delayed by political scandals which
brought down the Macdonald government in 1873, parts of the transcontinental
line were built by the federal government in the later years of the decade
before Macdonald regained office and made a contract with the Canadian
Pacific Railway Company to complete the railway. The terms of the contract
were generous. The line was completed in 1885 and thanks in some part to
the generous terms of the agreement the company had with the government
it soon became highly profitable.
Even with the railway in operation,
however, it would be another ten years before the long anticipated settlement
of the region west of Winnipeg would pick up momentum.
More Railways
Given the almost immediate profitability
of the CPR it is perhaps not surprising that other railway projects were
immediately undertaken. What is surprising is how many of them were not
only begun, but actually completed.
Branch lines began to sprout from
the main sections of the CPR including connections to the US railway system,
but two more all-Canadian transcontinental trunk lines were also built,
the Grand Trunk Pacific extending the old Grand Trunk system in eastern
Canada westward across the northern prairie region to the Pacific Coast
and the Canadian Northern, patched together from a number of local railways
with the help of massive loan guarentees from the federal and several provincial
governments.
By 1914 Canada had far greater railway
capacity than the market could possibly support and by 1916 the major companies
involved, other than the still prosperous CPR faced collapse. As their
major creditor the federal government had little alternative but to take
them over, acquiring some 30,000 kilometres of railway track which was
brought under the management of a crown corporation, Canadian
National Railways.
The National Policy Tariff
-
a protective tariff on imported manufactured goods
-
modeled on US policy
-
an artificial barrier to force trade into an east-west
instead of north-south direction
The final
component in the nation-building project which began with Confederation
was adoption by the Canadian federal government of a system of tariff protection
for Canadian manufacturers.
For most of the decade following
Confederation the new Canadian government sought to re-establish some form
of free trade arrangement with the United States, but by the mid-1870s
hope for this was abandoned and, following the election of 1878 in which
trade policy was the central issue, the Conservatives, running on a platform
of tariff protection, were returned to office and the following year
instituted what was euphemistically named the "National
Policy tariff".
What this policy achieved has been
compared to erecting an invisible barrier along the Canada-US boundary,
the effect of which was to force Canadian trade into an east-west pattern
instead of allowing it to flow north and south -- which, for many parts
of the new nation, seemed to be the "natural" pattern which would have
prevailed under the influence of free market forces.
Although it was roundly denounced
by the Liberal opposition, the system of protective duties imposed by the
Macdonald Conservatives in 1879 was retained by all subsequent Canadian
governments -- Conservative and Liberal --over the course of the next 110
years. We will look at how it may have affected Canadian economic development
in later lectures.
Rounding Out Confederation
The union initiated in 1867 was subsequently
expanded through the addition of Manitoba, British Columbia, and Prince
Edward Island in the 1870s, the new provinces of Alberta and Saskatchewan
in 1905, and Newfoundland (finally) in 1949. Large
chunks of the old Northwest Territories were carved off and assigned
to particular provinces, or made into separate territories in the cases
of Yukon and the newly-established predominantly Inuit territory of Nunavut.
The significance of this lies in
the transfer of control over the vast areas of public lands the federal
government of Canada had control over when the new nation was formed to
the control of provincial governments. By the 1920s the "purposes of the
Dominion" had been pretty much accomplished and the development potential
of the public lands was no longer seen as a matter of national interest.
The natural resources of the provinces of Saskatchewan and Alberta, which
had been retained under federal control when the provinces were created,
were transfered to the provinces by amendments
to the BNA in 1930. To the extent the remaining unexploited land resources
would be utilized for purposes of promoting economic development, it would
be as part of "province building" ventures orchestrated by provincial governments
rather than as part of a grander national policy.
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