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Title: WELCOME BACK Political Economy of Social Welfare SOWK 2100 Spring Summer 2006 Week End


1
WELCOME BACK!Political Economy of Social
WelfareSOWK 2100 (Spring / Summer 2006)Week End
3, 26 27 August 2006Instructor Andrew
Webster
2
Readings and Preparation
  • By now you should have read all chapters of Rice
    and Prince!
  • The readings for this week are not heavy
  • Reading (18) Canada Health Act.
  • Reading (19) Managing Medicare The
    Prerequisite to Spending or Reform. C.D. Howe
    Institute.
  • Reading (20) The Incredible Shrinking 1,200
    Child Care Allowance How to Fix it. Caledon
    Institute of Social Policy.

3
The Test (35)
  • Tomorrow at 100 p.m. sharp. Dont be late.
  • Two hours (more time than will be needed).
  • Based largely on Presentations 1 2, but
    Presentation 3 contains useful review material.
  • Know the answers to the questions which were
    indicated in class!
  • It would be wise to study tonight.
  • No need to re-read all the readings, if you have
    already gone through them properly.
  • There will be a tiny bit in the test on todays
    materialjust enough to encourage staying awake!
  • Relax. It will not be terrifying.

4
Supplemental Quiz
  • As agreed in class, people who have missed two
    days may write a short quiz valued at the 5
    attendance mark which they lost.
  • This is to demonstrate an understanding of the
    material covered, and recover the lost attendance
    mark.
  • The quiz will take a few minutes and will be
    administered TODAY.
  • Everyone writes the quiz, as preparation and
    review for the test tomorrow, but only people who
    missed two days get the mark added to their grade.

5
  • REVIEW
  • REVIEW
  • REVIEW

6
  • What is the distinction that the 1601 Poor Law
    made between categories of paupers seeking
    relief? IMPORTANT

7
Herein lies the origin of the legal distinction
between the employable and the unemployable,
between the undeserving and the deserving.
  • Able-bodied unemployed, undeserving of charity
    because their unemployment is due to their
    laziness.
  • The disabled poor, deserving because they are
    unable to work through no fault of their own.
  • Almost 400 years later, which category were
    Indians put into?

8
What is political economy? IMPORTANT
  • About the structures and processes in the
    exercise of power and in production and
    allocation of resources, and to an
    interdisciplinary perspective for understanding
    these structures and processes.
  • Resources Tax revenues.
  • The study of how government resources are
    allocated considering the balance between
    available capital (government spending power) and
    political priorities.
  • In Canada, political economy is about power (the
    level of government responsible), resources
    (fiscal capacity to fund social measures), and
    ideology (to desire or to oppose those measures).

9
What is political economy? (2)
  • In Canada, political economy of social welfare is
    about the rise and fall of government social
    welfare programmes considering factors including
  • Ideology (Liberal, Conservative, etc.).
  • Election (and re-election) priorities.
  • Government revenues (ability to pay for
    programmes).
  • Taxation powers and capacity.
  • Debt and deficit.
  • Needs of the population.
  • Federal versus provincial jurisdiction.
  • Government vs. private sector.
  • Philanthropy.
  • The Indian Problem.

10
What was the Indian Problem?IMPORTANT
  • Under the old Indian Policy The problem was
    that Indians refused to assimilate and embrace
    the idea of enfranchisement into the
    predominantly White socio-economic and cultural
    fabric.
  • I want to get rid of the Indian Problem...our
    object is to continue until there is no single
    Indian in Canada that has not been absorbed into
    the body politic and there is no Indian question
    and no Indian Department.
  • Duncan Campbell Scott, Deputy Superintendent
    General
  • Indian Affairs, 1920

11
Destitute Indians Cost Money
  • Quantities of food and clothing have been issued
    during the months of June, July, August and
    September, and it is not probable that this was
    required at that season of the year in a district
    having plenty of fish and game. In August
    quantities of fishing nets and twine were given
    out and there is no apparent reason why the
    Indians should not buy them as usual. At
    Christmas flour, tea and sugar were issued to
    many, which was apparently a present from the
    officer in charge of the posts. Charges were
    also made for making coffins and digging graves
    for Indians. This is unusual and not considered
    necessary as the Indians are perfectly capable of
    doing that work for their dead and it is only
    right that they should be taught to do it.
  • Departmental Accountant to Hudson's Bay Company
    Fur Trade Commissioner, 29 May 1905.

12
Actual Suffering
  • The principle of "actual suffering" had underlain
    Indian relief policy since the 1880s, when the
    Superintendent General declared
  • Well, most of the Indians are miserably poor.
    If they were not they would not need Government
    assistance. All the Government can do is to keep
    them from actual suffering. And it does that
    only when the Indians make some attempt to help
    themselves. i
  • i The Facts Regarding Indian Administration in
    the North-West, op. cit., p. 20. A lengthy,
    vehement response to Opposition criticism that
    Indians were being mismanaged, starved, and
    poisoned. It stands as a splendid illustration
    of the faith the Department had in the ration
    system.

13
Poor Law principles in action
  • Relief should be given only to those actually
    incapacitated through illness or physical
    deformity, or temporarily destitute through some
    unavoidable misfortune. No relief should be
    given to Indians who have able-bodied, unmarried
    sons, capable of supporting them. In all cases
    relief should consist only of such bare
    necessities as flour, pork or lard, tea in
    limited quantities and ammunition when the
    recipient is able to make proper use of it. When
    ammunition is given there should be a lesser
    issue of provisions.
  • In cases of permanent destitution clothing may
    be given, but in no case more than one summer
    outfit and one winter outfit and such clothing to
    be of the plainest and most serviceable nature.
    In cases of serious illness, milk, sugar, and
    such necessities may be given in limited
    quantities. In no other circumstances must these
    be issued. It is not the intention of the
    Department to outfit Indians for hunting and
    accounts of this nature will not be paid. It is
    proposed to introduce some means of inspection in
    connection with relief vouchers and any cases
    reported by our officers as being undeserving of
    relief will be deducted from the accounts.
  • Circular memo from Assistant Deputy and
    Secretary of Indian Affairs, 31 May 1917.

14
What is the Indian problem today? IMPORTANT
  • Great socio-economic disparities cost billions
    that could be directed towards the elements of
    the electorate who decide the outcome of
    elections.
  • Indian poverty and ill-health constrains
    Government spending in more popular areas.
  • Indian programmes are best offloaded onto other
    governments.

15
Political economy is about political priorities
vs the financial resources available
16
What was the old Indian Policy?
  • Civilisation and Assimilation
  • Civilisation and Assimilation
  • Civilisation and Assimilation
  • Civilisation and Assimilation...

17
The Indian Policy What has changed?
  • Indians since 1951 are citizens so all welfare
    state programmes should apply. Early welfare
    state programmes were for citizens only.
  • Since 1963/64, federal policy is that the
    provinces should deliver and fund all services to
    Indians on and off reserves.
  • Indians are entitled to the same services as
    other Canadians. Canada claims that the
    provinces are denying Indians services on
    reserves.
  • Continued federal involvement at a minimum level
    is on humanitarian grounds. IMPORTANT

18
The Old Ration or Relief System
  • Under the old Indian Policy, Indians were at
    excluded from participation in welfare state
    programmes of general application. IMPORTANT
    For many years, the welfare state did not develop
    with all Canadians in mind.
  • Until the 50s / early 60s, Indian Affairs
    administered a harsh and punitive Indian relief
    system of destitute and medical relief.
  • This pre-dated the welfare state by many decades.
  • This alternative ideology reflected the thinking
    that Indians were subordinate and wards.
  • Poor Law administration principles applied.

19
Indians and the development of the welfare state
  • While the welfare state was developing towards
    its zenith, from 1945 to 1964 the Indian relief
    system or ration system collapsed in face of
    indefensible public criticisms.
  • Gradually, Indian people were admitted to the
    rapidly evolving array of mainstream federal and
    provincial programmes.
  • By 1964 Indian moneys were no longer appropriated
    for basic welfare services. 100 federal now.
  • Admission to the welfare state was both a good
    and a bad thing in social, cultural, and economic
    terms.

20
Provincial responsibility? Since when?
  • Ottawa exercised robust federal-only relief
    administration with a hands-off provinces
    policy.
  • A main feature of the emerging welfare state was
    a shift from ration relief towards cash benefits
    paid direct from the government.
  • Cash in the hands of Indians was thought ruinous
    to cultivating a work ethic, and liable to be
    spent on alcohol.
  • Everyone knew that the Red Man had no tolerance
    for drink. One of his genetic failings.
  • Indians were not citizens but wards of the state.
    Only citizens could enjoy privileges like
    participating in social welfare programmes.
  • This changed after the 1951 Indian Act.

21
The 1951 Indian Act?
  • IMPORTANT. This is the Act we have today, little
    amended from 1951 when it was last rewritten.
  • This Act reduced the authority of Indian agents,
    and allowed for increased band management of
    certain band affairs.
  • This Act removed enfranchisement clauses that
    prevented Indians from seeking higher education.
  • This Act made Indians Citizens. There was no
    longer a good argument against keeping Indians
    out of welfare state programmes.
  • Indian Affairs now looked at the dismal Indian
    living conditions, realised the fur economy was
    dying, and new it had to act.
  • VAST expenditures would be needed.

22
  • The Dark Side
  • of the
  • Welfare State

23
Dark Side of the Welfare State
  • Twenty years ago, Social Work taught that
    welfare state good and universalism best.
    Some in social work stick to this doctrine, but
    today most people in social policy feel that
    uniform social measures do not always mean
    equality, justice, or effectiveness. IMPORTANT
  • The welfare state is increasingly seen as
    oppressive to other minorities.
  • The welfare state has had some highly negative
    outcomes in the Aboriginal context.

24
Welfare Colonisation 1940s-1950s
  • The federal government was critically aware that
    income from traditional pursuits was declining
    and welfare costs were rising even faster
  • the time may not be far distant when it will
    be impossible for any person to make a living off
    fur and gradually, therefore, the population must
    be absorbed into some other industry. Trapping,
    even in the northern regions where there is a
    relative abundance of fur bearing animals, must
    not be considered a decent source of
    subsistence...all reports emphasise this point
    one way or another. The actual revenue out of
    this occupation does not allow an Indian family
    to live decently. (Indian
    Affairs Branch Report, 1951)

25
Welfare colonisation (2)
  • The answer seemed to lay in "integrating Northern
    residents as fully as possible into national
    life, either to provide a proletariat for
    envisioned commercial growth, or for what seemed
    humanitarian reasons".i
  • Accordingly, from about 1953 a vigorous
    interdepartmental programme of forced settlement
    was implemented. Development was not just needed
    for Indians Indians were needed for development
    i.(Kehoe (1981), p. 500

26
Welfare colonisation(3)
  • The nomadic way of life had to be stopped.
    Problems lay with the large part of the
    Aboriginal population living in rudimentary
    shacks in one or more locations according to
    their hunting and trapping lifestyle.
  • Many families lived most of the year in remote
    hunting camps.
  • Mobile Natives were harder to supervise and
    employ than stationary ones.
  • Their nomadic existence in crude dwellings
    "serves only to perpetuate a mode of life which
    is difficult to eliminate." I
  • i.N.A.C., RG85, vol. 1274, file 251-1-4, pt.
    1 L.A.C.O. Hunt, District Administrator to
    Director, N.A.L.B., 7 March 1955.

27
Welfare colonisation (4)
  • The strongest influence to settle may have been
    the welfare schools the prospects of having
    children at home year-round and keeping the
    Family Allowance were highly desirable.
  • The catch Indian families soon learned that
    having their children live at home did not mean
    they could take their children into the bush.
    Indian Affairs no longer approved of their going
    into the bush at all.
  • Children were placed in foster homes on a
    temporary basis to enable them to remain in day
    school while their parents were away from the
    settlement trapping.
  • The federal government was now somewhat
    schizophrenic over Indian education on the one
    hand speaking of its importance in promoting
    cultural respect and on the other recognising its
    value as an instrument of colonisation

28
Welfare colonisation fails
  • Jobs were promised. Few materialised.
  • Welfare and social housing was delivered.
  • Seasonal make-work projects and UI supplemented
    social assistance.
  • Benefits-in-kind were phased out throughout the
    1950s, and replaced with case.
  • Intergenerational welfare dependency began.
  • Indians could now consume alcohol, which they
    increasingly did.
  • Social workers replaced Indian agents.

29
Dark side of the welfare state
  • Generations of cultural oppression and poverty
    have embedded suicide in Aboriginal societies.
  • Suicide has become a norm. In many communities,
    news of a death gets the response suicide?
  • In some especially desperate communities, cluster
    suicide has become almost trendy for youth who
    see no way forward.
  • Suicide is just one indicator of mental health,
    albeit the definitive indicator.

30
Welfare state and the clash of cultures
  • The negative psychosocial impacts of continuing
    clash of cultures, especially in the urban
    milieu.
  • - Kathleen Beardy is the latest in a long list
    of sad examples.
  • Historical trauma Legacy of the residential
    schools and the policy of forced civilization
    and assimilation.
  • - Essentially, PTSD applied to an entire group
    of people.
  • - The psychosocial residue remains and is passed
    on.
  • - Loss of parenting skills.
  • - Emotional and sexual abuse.
  • - Loss of social skills.
  • - Loss of language.
  • - Acquisition of foreign discipline corporal
    punishment.
  • De-culturation unsuccessful acculturation
    marginalization.

31
Define Universality IMPORTANT
  • Equal application of a social welfare programme
    to all persons in the target population.
  • In particular, universality means benefits are
    provided regardless of the applicants ability to
    pay.
  • Income is not a factor. There is no
    needs-testing or means-testing.

32
Is universality always good?
  • Not necessarily, in a pluralist society if a
    programme cannot cross cultural boundaries well.
  • Certainly the mainstream welfare programmes have
    been a mixed social blessing in the Indian
    context.
  • Universality implies one set of standards and one
    delivery system for everyone

33
The welfare state was never universal?
  • Gross failure of the Canadian welfare state to
    comprehend, much less address, the legacy of the
    Indian Policy.
  • The Canadian welfare state is patently
    dysfunctional in the Aboriginal context. It
    always has been.
  • The fed / prov jurisdictional question constantly
    strains intergovernmental relations over
    cost-shared programmes. However, in the
    Aboriginal context this sort of fiscal football
    match has extreme consequences.
  • Additionally, the application of welfare state
    programmes to different groups, including
    Aboriginals, has been selective.
  • The welfare state original developed for the
    citizenry (i.e., British subjects).
  • The welfare state often excluded groups
    considered undeserving.

34
Main jurisdictional issues in Canadian social
welfareIMPORTANT
  • Constitutional responsibilities (BNA 1867)
  • Federal government (s. 91) specific powers of
    national scope (defence, criminal law, money,
    post office, international affairs, transport,
    etc.), taxation POGG.
  • Provinces (s. 92) creating municipal
    governments local matters hospitals, asylums,
    charities education (s. 92) agriculture (s.
    93) residual powers (what is not specifically
    federal).
  • Provinces have primary health and social
    jurisdiction.
  • In 1867 there was little government and few
    government services. Government had to develop
    to keep pace with industrialisation.
  • S. 91(24) gives the Dominion Indians and lands
    reserved for Indians, but where does it say
    federal responsibility for Indian social welfare?

35
Define fiscal federalism IMPORTANT and know
examples including the first
  • Fiscal federalism is how the federal government
    imposes national standards for social welfare
    programmes even though the provinces have most of
    the jurisdiction.
  • Key to all of this is the greater federal power
    to raise revenues through its constitutional
    domination of taxation.
  • The deal is simple You want the money? Then
    agree to these terms.
  • Fiscal federalism is national standards by
    contract law.

36
Which federal statute launched fiscal
federalism? IMPORTANT.
  • Old Age Pension Act (1927).
  • The provinces were never happy about the bother
    and expense of pension administration in the case
    of Whites, let alone Indians, but they
    appreciated the Dominion's contribution.
    This is why they bought into fiscal federalism.
  • This Act contained a clause excluding Indians
    from receiving benefits.
  • This precedent helped keep Indians out of the
    emerging welfare state for half a century.

37
Polanyis double-movement IMPORTANT
  • Community members are separated from their
    economic activities as governments create new
    economic structures, which spawn social
    disintegration and inability of members to care
    for themselves.
  • Community members respond to these changes by
    demanding from government greater protection
    against debilitating effects of market
    liberalisation.
  • Thus, government economic regulation - in the
    direction of market liberalisation - engenders a
    need for protection from the by-products of this
    very regulation.
  • It is a sort of devils circle. A double
    movement.

38
Juggling Act
  • Economic Liberalism
  • versus
  • Social Protection
  • Until the latter 1900s, economic liberalism had
    limits determined mostly by the national and
    provincial governments. If social programme
    could be afforded, they could probably be put in
    place.
  • Under globalisation, these limits were removed or
    degraded so that the system of welfare state
    social measures begins to erode after a period of
    stability.
  • Important

39
Polanyis four historical lessonsIMPORTANT
  • Governments, instruments of the new capitalist
    elites, created markets to allow these
    capitalists to buy and sell products.
  • Creating these markets meant regulations to
  • Limit community access to common property (e.g.,
    Enclosures Act, settlement provisions of Poor
    Law)
  • Constrain community rights (access to wells,
    paths)
  • Remove traditional barriers to trade and finance
    (guilds, building canals and turnpikes)
  • Allow capitalists to treat land, labour, and
    capital as commodities.
  • Relevance today the global economy is being
    separated from the state the same way that
    economy was disembedded from social relationships
    during industrialisation.

40
Main difference between the analyses of Polanyi
and Marx IMPORTANT
  • Polanyi rationalised that communities mobilise to
    pressure government to enact new protections as
    market liberalisation removes their old
    protections.
  • Marx saw that the lower class mobilises to
    overthrow government as market liberalisation
    removes old protections.
  • BUT - Marx could not imagine capitalism with
    social programmes a main reason why there were
    no communist revolutions in the Western
    industrial democracies.

41
Polanyis theory and early Canadian social policy
  • For protection during industrialisation, people
    turned to their communities for help, but the old
    system of municipal and charitable relief was
    inadequate.
  • New need for government programmes Need for
    government to organise it activity into
    programmes with specialised departments
  • Guarantee subsistence income (cannot work, no
    fault of their own).
  • Manage the insane.
  • Old age pensions (not for Indians!).
  • Categorical pensions (blind, disabled).
  • Mothers allowances.
  • Regulations regarding care of orphans.
  • Public health / Disease control (prostitution,
    epidemic diseases).
  • Other pre-welfare state, pre-universal
    programmes.

42
Evidence of the double movement today?Recent
social protections as economic circumstances
change
  • Publicly-funded, chronic care nursing homes are
    now the final residence of most infirm aged
    citizensThese result, in part, from municipal
    and higher level pressure by caregivers whose
    economic circumstances prevent them from spending
    the necessary effort formerly families cared
    for their elders.
  • RRSPs and Registered Education Savings Plans were
    introduced, after considerable lobbying,
    partially in response to rising numbers of
    self-employed who have no access to group plans,
    and in recognition that govt pensions are
    increasingly unable to meet subsistence needs.
  • Number of services for wife-abuse victims grew
    tenfold during 1982-1990. Government expenditures
    on these service rose dramatically during a
    decade of fiscal restraint, demonstrating that
    battered women (thus high risk) are better off
    today as a result of state involvement.
  • In Cape Breton, community economic development
    projects restored some small commodity capitalism
    to local levels through worker co-ops.
  • Programmes are put in place to deal with the
    social outfall of gambling addiction, when
    business pressures result in introduction of slot
    machines and casinosresult of pressure from
    agencies and groups.
  • The NCB (now CCTB), and provincial child tax
    benefits, resulted from public / interest group
    pressure following the elimination of universal
    family allowances.
  • Economic pressures (fewer tenure jobs, more
    McJobs, loss of universal programmes, more/higher
    user fees, etc.) mean that both parents have to
    work nowadays Day care subsidies help them stay
    in the labour forceresult of interest group
    pressure.
  • The Canada Health Act (1984) was a response to
    citizen / interest group pressure that
    unregulated physicians, as private practitioners,
    were charging user fees.

43
Three Dominant Forces at Work Today
  • Three dominant forces are changing how Canadians
    thing about social welfare according to Rice
    Prince
  • Globalisation of the economy.
  • Changing needs for social protection.
  • Desire by groups for community recognition
    (Aboriginal communities fit in here).

44
  • GLOBALISATION
  • The greatest economic paradigm shift since the
    early industrialisation period that Polanyi
    described.

45
Government reaction to globalisation
  • IMPORTANT
  • New regulations to protect business investors and
    ensure transparent, ethical management.
  • Pressure to privatise government services.
  • Stagnation of development in union legislation.
  • Reduced government revenues user fees for
    services.
  • Pressure to reduce government fewer services.
  • Freedom of consumer choice pressure to lower
    public taxes less spending power for social
    measures.
  • Government behaves like business (e.g., Health
    Canada has a Business Plan).

46
Government reaction to globalisation (2)
  • Re-orientation of revenues and expenditures makes
    health care seem less affordable than ever.
  • Pay-as-you-go including education.
  • Grants become loans.
  • Universal becomes needs-tested / means-tested.
  • Cash assistance becomes tax benefits.
  • Benefits are reduced.
  • Offloading costs to lower orders of government.
  • Services must be provided, so as responsibility
    cascades downwards, consumers still pay but
    through user fees or lower-level taxes.
  • Return to greater role of philanthropy (missions,
    charities, volunteerism).
  • Etc.

47
  • CRISIS
  • OF THE WELFARE STATE
  • SHOCK! HORROR! SURPRISE!

48
AUCHTUNG! PANZER!
  • Is this a crisis or a phoney war?
  • Or maybe the welfare state DOES need to change?
  • Before discussing any crisis, maybe we should
    first be clear on what the Canadian welfare state
    is!
  • Many people speak of a crisis, but they cannot
    really say what is under threat.
  • Lets review (quickly!) how the welfare state
    developed to its recent (final?) form.

49
  • Dont worry about each and every piece of
    legislation.
  • Just follow the history and know about the key
    statutes.

50
Important dates / events in political economy of
social welfare in Canada IMPORTANT
  • 1601 The amalgamated, classic Elizabethan Poor
    Law
  • 1780-1830 Industrial Revolution
  • 1834 Major Poor Law reform (UK) in response to
    industrialisation / urbanisation
  • 1867 Confederation.
  • 1867-1900 Early roots / preconditions of
    welfare state.
  • As per Mary Eliz. Wallace. Urbanisation /
    industrialisation (later in Canada than in UK)
    and need for government social protection. First
    provincial social welfare legislation.
  • 1914-18 WW1
  • 1927 Old Age Pension Act beginnings of fiscal
    federalism plus...
  • 1929-39 Great Depression Start of systematic
    federal and provincial relief assistance.

51
Important dates / events in political economy of
social welfare in Canada (2)
  • 1939-45 WW2
  • Initial welfare state legislation. Discussions
    of a post-War welfare state. Keynesianism in the
    national economic recovery plan.
  • 1951 Indian Act revisions (wards into citizens
    provincial laws of general application).
  • 1956 UA Act first cost-sharing of social
    assistance / social services.
  • 1964 Pearson Liberals rewrite federal
    responsibility for Indians.
  • 1965 CAP Final piece in welfare state social
    legislation.
  • 1984 CHA Final piece in welfare state health
    legislation.
  • 1995 CHST Liberals reduce transfers and
    programmes.
  • 1999 Social Union framework agreement.
  • 2006 Conservative minority New era of
    decentralisation?

52
Legislative milestones in the Canadian welfare
state
  • Pre-1900 Beginnings of modern social welfare
    legislation
  • In 1871 only 7 cities had 20,000 population and
    only Montreal had 100,000.
  • Quebec Municipal Code (1871).
  • Ontario Charity Aid Act (1874) made grants to
    charities more regulated.
  • Factory Acts (Ontario 1884, Quebec 1885, Manitoba
    1900).
  • 1901-1926 - Provincial Legislation
  • Workers compensation mothers pensions or
    allowances minimum wage laws pensions (veterans
    and old age).
  • 1927 Federal Old Age Pension Act IMPORTANT
  • Beginning of fiscal federalism.
  • Exclusion of Indians and Eskimos for half a
    century.

53
Legislative milestones (3)
  • 1929-1939 Great Depression
  • Indian relief first cut, later the principle of
    no fault of their own was first applied to
    Indians and the full relief scale was given to
    the able-bodied.
  • In 1930 Ottawa began assist the provinces with
    depression relief.
  • Dominion Housing Act (1935) and National Housing
    Act (1938).
  • The economic catastrophe showed need for
    permanent government presence in unemployment
    relief. This type of assistance was beyond the
    provinces revenue-generating abilities.
  • Key provinces resisted federal intrusion into
    social welfare although federal money was needed.
  • 1937 - Royal Commission on Dominion-Provincial
    Relations (Rowell-Sirois Commission) studies the
    jurisdictional question.

54
Legislative milestones (4)
  • 1929-1939 Great Depression
  • Massive increase in federal social welfare
    funding.
  • New provincial legislation obligated some
    provinces to give continuing relief to the
    unemployed.

55
Legislative milestones (5)
  • 1939-1945 WAR!
  • Total, massive industrial mobilisation eliminated
    White unemployment. Numerous emergency statutes
    were enacted.
  • Indians were forced to do war work or starve.
  • By 1943 we were starting to win. Cautious
    discussion began over a post-War Canadian welfare
    state.
  • Vast socio-economic realignment was needed in
    order to restore a peacetime economy and
    re-integrate large numbers of service personnel.
  • The trick was to maintain full employment while
    switching back to civilian production (Leading
    economist John Maynard Keynes).

56
Keynesian Economics - IMPORTANT
  • Keynesian economics holds that full employment is
    the goal maintain that, and interest rates will
    be low and GDP will be maximum.
  • Keynes said that governments need to spend their
    way out of a recession or depression this will
    trigger economic recovery and return to higher
    tax revenues.
  • Social policy is a main government tool for
    economic adjustment.
  • Current economic thinking holds that GDP and
    employment will be highest when interest rates
    are kept low Govts should keep interest rates
    low and leave job-creation to the private sector.

57
Legislative milestones (6)
  • 1939-1945 WAR!
  • 1940 - Unemployment Insurance Act, the first
    social insurance against unemployment in Canada.
    It required a constitutional amendment.
  • 1944 - Family Allowance Act paid benefits to
    recipients directly by the new Department of
    National Health and Welfare (DNHW). Rations not
    cash for Indians. IMPORTANT
  • 1945 Radical measures to move from wartime to
    peacetime economy.
  • 1945 Indian pensions / ration system debate
    begins in the House of Commons, all stimulated by
    the issue of Indian veterans.
  • 1945 New interest in giving Indians
    citizenship.

58
Legislative milestones (7)
  • 1939-1945 WAR!
  • Beveridge Report (1942) Keynesian economics
    laid the intellectual foundations of the Canadian
    welfare state.
  • Rowell-Sirois Report was now being read. It
    began discussions on national standards for
    social programmes (despite provincial protests)
    and a national system equalising the fiscal
    capacity of the provinces.
  • Marsh Report (1943) Social Security for Canada -
    most important document in the development of
    wartime and post-war social security measures in
    Canada. IMPORTANT
  • Heagerty Report (1943) Health Insurance Report
    pictured a joint federal-provincial health and
    medical insurance scheme, with provincial
    administration. This strongly influenced federal
    health cost-sharing which began a decade later.
  • Curtis Report (1944) Housing and Community
    Planning was a milestone in shaping federal
    involvement in the field of housing.

59
Legislative milestones (8)
  • 1946-1956 Ordered Series of Measures Begins
  • 1951 - Blind Persons Act provided for
    federal-provincial cost-sharing of 7525 for
    provincial allowances to blind persons between 21
    and 69. Henceforth Indians would not be excluded
    from so-called "universal" federal benefits
    legislation. Nor was reserve residence seen to be
    a factor.
  • 1951 - Old Age Security Act provided a 100
    federal pension to all persons over 70.
    Necessitated a constitutional amendment.
  • Finally, Canada had a national statutory
    cash-based pension in which eligibility was not
    restricted by race. For persons over 70 and for
    blind persons over 21 including Indians, the
    spirit of the Poor Law had finally been put to
    rest.
  • 1951 New Indian Act eliminated enfranchisement.
    Indians became citizens.
  • More important the 1951 Indian Act now had
    provincial laws of general application apply to
    Indians unless the Indian Act said otherwise
    which is seldom would do!
  • 1954 - Disabled Persons Act authorized
    federal-provincial 5050 cost-sharing for
    disabled persons aged 18 to 69.

60
Legislative milestones (9)
  • 1946-1956 Ordered Series of Measures
  • 1956 - Unemployment Assistance Act was the first
    federal statute to commit funding for social
    assistance. Allow provinces to provide
    "assistance to persons who are in need".
    Cost-shared 50.
  • Unemployed employables - previously designated as
    undeserving because they were able-bodied - were
    the last socio-economic category to be covered
    under national income security legislation.
  • No special provisions for Indians meant the start
    of provincial fiscal involvement off-reserve
    health and social services.

61
Legislative milestones (10)
  • 1957-1965 Ordered Series of Measures
  • 1957 - Hospital Insurance and Diagnostic Services
    Act. Predecessor of todays Canada Health Act.
    The HIDS Act was 50 conditional cost-sharing.
  • 1964 at the Dominion-Provincial conference on
    Indian Welfare, Ottawa tabled a revised fiscal
    policy which claimed that no fiscal distinction
    should exist between on- and off-reserve.
    Offloading would intensify.
  • 1965 Canada-Ontario Indian Welfare Agreement
    First and only.
  • 1965 - Canada Assistance Plan Act IMPORTANT
    consolidated federal funding for all of the
    pieces of a modernised minimum income program
    disabled persons, female single parents and the
    unemployed not covered by unemployment insurance.
  • With Old Age Pension (1951) and Guaranteed Income
    Supplement (1965), CAP provided a full range of
    nationally funded minimum income programs.

62
Canada Assistance Plan Act (1965)
  • CAP established six principles for delivering
    welfare services IMPORTANT
  • benefits must be based on need, irrespective of
    cause
  • need must be established through a needs test
  • assistance must be in the form of cash to all
    those who qualify
  • no non-voluntary work-for-welfare
  • provision for appeal must exist and
  • residence period must not be a condition for
    receiving assistance.

63
Legislative milestones (11)
  • 1966-1984 Ordered Series of Measures
  • 1966 - Medical Care Act supplemented the Hospital
    Insurance Act by covering costs of physicians
    services outside of hospitals.
  • 1984 - Canada Health Act was passed to discourage
    extra billing by physicians and hospital user
    charges, providing automatic penalties when a
    province allow such extra charges.
  • The CHA marked the zenith of the cost-shared
    welfare state. A decade later later it began to
    unravel fast.

64
The cost-shared welfare state in crisis Was it
ever affordable or sustainable?
  • Even before globalisation, the relatively
    generous welfare state (plus spending in other
    areas) was causing repeated federal deficits and
    driving up the federal debt to high levels, so
    much of the tax revenues went towards interest
    charges.
  • Stock markets crashed in 1987 for international
    reasons. Recession ensued.
  • Ottawa needed to reduce social welfare funding.

65
The welfare state in crisis
  • 1991 - First moves to control costs The Mulroney
    Government "capped" federal CAP contributions to
    5. growth for have provinces Ontario, Alberta
    and British Columbia.
  • Provincial welfare systems began to contract, at
    this point only slightly.
  • The first of the great universal programmes,
    Family Allowance, was considered too expensive
    and was terminated by the Tories in 1993. A
    Child Tax Benefit (CTB) came into effect
    (harmonious with new thinking that social
    benefits should be delivered by the tax system).
  • The CTB replaced not only Family Allowance, but
    the Child Tax Credit and Refundable Tax Credit.
    The new benefit includes a tax-based Working
    Income Supplement (WIS).

66
The welfare state in crisis
  • The FN social welfare fiscal trajectory was
    considered unaffordable in the climate of
    fiscal restraint.
  • Concerned over rising social assistance costs as
    a result of Bill C-31 Indians migrating to
    reserves, in 1989 Cabinet ordered an exit
    strategy for off-reserve social services to
    Indians.
  • By 1993 INAC had abrogated all remaining first
    year off-reserve agreements.
  • Savings were to be re-invested in on-reserve
    social services. In reality there was no
    reinvestment plan or monitoring mechanism to
    ensure this. The Public Accounts do not show
    that any re-investment happened.

67
Globalisation and the crisis of the welfare state
  • This conflict between macro-economics and demands
    for social protection is what Rice and Prince
    call the crisis of the welfare state. This is
    not the whole answerthe welfare state was
    becoming unaffordable before globalisation added
    to its woes.
  • Our main social programmes have been in crisis
    for two decades. They cannot be sustained at the
    same level of expenditure, nor justified when
    they conflict with global economic forces.
  • The over-arching dictum Canada must be able to
    compete in the international free market. Many
    people view social programmes as impediments to
    competitiveness.
  • The Canadian welfare state is now closer to
    equilibrium after being destabilised by fiscal
    shocks beginning in the 1980s.
  • Free trade agreements (NAFTA, GATT, etc.) set in
    motion international changes which continue to
    alter the welfare state in Canada and
    elsewhere.
  • Witness the fall of communism. This is how
    powerful these global economic forces are.
    Governments and ideologies fall!.

68
Globalisation and the role of the courts
  • We have considered pluralisation different
    communities each demanding recognition and rights
    - and the role of the courts. What about big
    business and the courts?
  • Globalisation only works if corporations have key
    rights similar to those of people. Corporations
    can challenge the legality of public policies
    when these policies constrain business
    activities.
  • And they do.

69
Attractiveness to governments ofprivate sector
programme delivery IMPORTANT
  • Governments now try to get out of any business
    that the private sector could occupy.
  • Globalisation ideology has government focusing on
    regulation and on activities that cannot involve
    worthwhile profit.
  • Privatisation is a way to reduce costs (although
    not always, and not always in the public good).
  • Privatisation is a way to reduce risk and
    ministerial accountability.
  • Privatisation smaller government good.
  • Universality unaffordable bad.

70
Attractiveness to governments ofprivate sector
programme delivery (2)IMPORTANT
  • Private administration is claimed to be
    inherently more efficient than public
    administration.
  • Privatisation is a way to raise capital needed
    for expensive projects without raising taxes
    (e.g., P3 hospitals).
  • Advocates of private health care claim that only
    private clinics and hospitals can shorten wait
    lists and provide much improved access to
    expensive equipment.
  • Anomaly? Privatisation / deregulation is why
    Ontarios power generating system came close to
    collapse. Giant private sector players declined
    to make massive investments that were needed for
    maintenance and growth.

71
Attractiveness to governments ofprivate sector
programme delivery (3)
  • AND
  • Parliamentarians who support privatisation can
    expect for-profit corporate assistance to their
    party and robust support in their electoral
    activities.

72
What is societal pluralisation? IMPORTANT
  • Pluralisation describes the growing divisions
    within Canada based on social characteristics of
    groups of people.
  • Quite the opposite of the US melting pot.
  • Not all is caused by multiculturalism-type
    tolerance.
  • The 1982 Constitution is enhancing rights of
    groups.
  • Additionally, intolerance is a factor
    (separatism, racism).
  • Changing demographics large immigrant African
    population in Toronto dominant language in BC in
    30 years will be Chinese.
  • Aboriginal rights.
  • Sexual orientation rights.
  • Religious rights (e.g., secular court debate).

73
What is societal pluralisation? (2)
  • Changing sense of history / rewriting history.
  • Liberal notion of independence from Britain and
    from the US.
  • Greater intrusion of US ideologies via the media.
  • Fragmentation of the Right.
  • Greater visibility of neo-conservative religious
    right.
  • Occupation by Liberals of the Conservative
    agenda.
  • Plus the irrelevance of social democrats at
    national level ideological polarisation Right
    (west) and Centre (rest).
  • Federal reaction to Quebec separatism means less
    exercise of federal power leading to
    regionalism.
  • Ascendancy of the province.
  • Multiculturalism backfires National and
    sometimes provincial identity diminishes, and
    large communities of ethnic groups maintain
    foreign traditions in conflict with mainstream
    secularism allegations of Islamic intolerance.

74
Pluralisation (3)
75
Diversity and equality in a pluralist welfare
community
  • Integration into the full life of the society
    should not have to imply assimilation to dominant
    norms and abandonment of group affiliation and
    culture (Young, 1990).
  • Is this fact or ideology?
  • The Canadian welfare state was (is) based on
    secular and universal principles. Are these
    principles antagonistic towards group identity?
  • Do we want different rules, different programmes,
    and different benefits for different groups?
  • And should the different groups pay their own
    way?

76
Death of universality? IMPORTANT
  • Citizenship in Canada is changing from that
    which accrues universally and uniformly in each
    individual Canadian, towards a still vaguely
    defined sense of the equal respect which should
    be accorded to groups, as groups. (Kerans, 1994)
  • Prevailing federal discourse promotes diversity
    and advances equality, while universality is
    seldom mentioned outside of the CHA / medicare
    debate.
  • Dilemma of Equality Should equality be achieved
    by taking away rights from groups with perceived
    extra rights?
  • When should the Notwithstanding be used?

77
Limits of pluralism
  • The folly of sharia in Ontario
  • LYSIANE GAGNON
  • Globe and Mail  Monday, September 5, 2005 1200
    AM  Page A15
  • It was with nearly unanimous indignation that
    Quebeckers learned that, thanks to the Ontario
    government, Canada might become the first Western
    country to legalize sharia-based tribunals to
    settle marital and civil disputes -- and this,
    against the wishes of countless Muslim women.
  • Outcome The Ontario Government, fearing sharia
    law would open the door to intolerable
    fragmentation and create Charter challenges,
    terminated the proposed sharia law project and a
    reportedly successful Hebrew law project already
    in operation.

78
Limits of pluralism (2)
  • e.g., Roman Catholic School Boards (RCSBs) in
    Ontario
  • Long tradition of having a separate school
    system for Catholics.
  • In the 1990s, the RCSBs started receiving the
    same level of public funding as public boards.
  • Does this weaken the public system, and diminish
    standards, by bleeding off scarce funding?
  • Should the public also fund Hindu or Raelian
    school boards?
  • Should the public also fund gay and lesbian
    school boards?
  • Say that in a city the urban Aboriginal
    population is 10,000 Should an urban Aboriginal
    school board be formed?
  • The question is Where does pluralism in social
    welfare lead?
  • Who will set the limits, and what role will the
    courts have?

79
Charter rights IMPORTANT
  • Every individual is equal before and under the
    law, and everyone has equal right to the benefit
    of the law without discrimination. (s. 15(1)).
  • However, 15(2) states that this does not
    preclude any law, programme, or activity that has
    as its object the amelioration of conditions of
    disadvantaged individuals or groups including
    those that are disadvantaged due to race,
    national or ethnic origin, colour, religion, sex,
    age, or mental or physical disability.
  • 15(2) allows for positive discrimination.
  • All federal Indian legislation and the treaties
    are subject to Charter interpretation.
  • Self-government is also subject (written into the
    agreements).

80
Pluralism and the role of the courts
  • Charter of Rights and Freedoms IMPORTANT
  • Increasingly, public policy is being defined by
    the courts. Governments especially the federal
    Liberals are disinclined to make policy when it
    might be challenged in court.
  • The federal Liberals, especially, are against
    using the Notwithstanding clause.
  • Quebec Liberals are not Language laws!
  • The courts struck down the old federal
    legislation that limited abortions. The
    Conservatives are unclear about whether they
    would legislate new abortion controls.

81
Pluralism can create discontinuities
  • Until the 1980s, sex in private between
    consenting adults of the same sex was buggery,
    sodomy, and gross indecency.
  • Today being gay or lesbian is a lifestyle issue
    without special criminal legal provisions
    (although there are those who would
    re-criminalise it).
  • Homosexuality used to be a mental disorder under
    the DSM. Overnight it was de-listed. A new
    disorder emerged difficulty adjusting to a
    homosexual orientation!
  • Gay couples now have the right to marry, on
    grounds that to deny it is discrimination. Does
    this interfere with religious rights?
  • Should public funding finance a religious school
    board that teaches that gays are abominations
    against nature?
  • Easy way out Let the courts decide!

82
In this politics of diversity...
  • Rice Prince argue that governments will have to
    create new policies that protect groups of
    citizens from damaging impacts of the social
    changes that stem from economic change.
  • This assumes that Polanyis self-correcting
    double movement applies today as it did during
    early industrialisation.
  • Well, does it????
  • Be able to cite multiple examples of the
    self-correcting double-movement at work today and
    in the past, in Canada.

83
Pluralisation of the Political Right (!)
  • The Great Tory Extinction (some say like the
    dinosaurs) left just two PC seats. The NDP were
    bitterly disappointed that PC dissatisfaction
    failed to translate into a major gain in NDP
    seats.
  • The NDP did not yet understand that the political
    climate had shifted right, not to the centre as
    one expects when a Liberal Government is elected.
  • Further political pluralisation showed in the
    rise of Quebec alienation Bloc Quebecois as Her
    Majestys Official Opposition.
  • The shattered PCs began to rebuild their party.
    Party Leader Jean Charest worked hard with some
    success, before he went Liberal and moved to
    Quebec politics.
  • New Liberals unrestrained! Similar to the New
    Labour Party which replaced the Thatcher
    Conservatives in the UK.

84
Pluralisation of the Political Right (2)
  • The pluralisation of the right has its origins in
    the changing economic climate Polanyi.
  • Voters considering themselves Conservative now
    split into two camps
  • PC (right of centre, similar to the Liberals) and
  • Social Conservative (farther right, anti-secular,
    anti-multiculturalism, pro-army, anti- gay
    marriage, pro- senate reform, anti-abortion, and
    pro- provincial powers.
  • The Liberals successfully exploited this turmoil.
  • The PC Party started to implode.

85
Liberal occupation of the Right-of-Centre
  • In Opposition the Liberals had condemned NAFTA,
    but now they caved in to Big Business /
    globalisation and embraced free trade.
  • A major sell-off of Crown corporations was in the
    works.
  • Needing money the Liberals abandoned their pledge
    to scrap the GST. They needed the money to
    bankroll election promises in the Liberal Red
    Book.
  • Funding for Aboriginals remained essentially at
    the historic growth rate.

86
Offloading and cost avoidanceFederal Social
Security Reform (SSR) in the 1990s.
  • The Liberals felt they had to balance the books
    in order to survive. The Tories would have
    achieved this eventually had they been
    re-elected. The Liberals opted for shock action.
  • Tories had been reluctant to do more than cap
    CAP. The Liberals at first maintained these
    caps.
  • However, the Liberals would soon go much further.
    They would start disassembling key elements of
    the welfare state and erode fiscal federalism
    despite their ideological commitment to national
    standards.
  • The Liberals needed a plan to reduce transfers to
    the provinces while minimising organised
    opposition. In 1993 they announced Social
    Security Reform (SSR).
  • SSR was supposed to be a great consultation
    exercise involving P/T governments and citizens
    with a view towards modernising social security
    (formerly usually known as the welfare state).
  • SSR was a diversion to buy time.

87
The February 1995 federal BudgetProfound change
in the fiscal landscape.
  • SSR consultations were over.
  • The 800 M Strategic Initiatives Programme was
    terminated with only half of the funding spent.
  • 1995 CHST replaced existing health and social
    transfers. It terminated CAP (5050 cost-shared
    welfare services) and replaced Established
    Programs Financing (EPF) which included
    post-secondary education and health care.
  • Initial CHST entitlements were reduced by 7
    billion over two years. Federal health
    contributions to the provinces declined 25.
  • Later, the CHST was split into Canada Social
    Transfer and Canada Health Transfer.

88
The February 1995 Federal BudgetProfound Change
in the Fiscal Landscape.
  • The CHST abandoned most of the former CAP
    conditions
  • Benefits must be based on need, irrespective of
    cause
  • Need must be established through a needs test
  • Assistance must be in the form of cash
  • No non-voluntary work-for-welfare
  • Provision for appeal must exist and
  • Residence period must not be a condition for
    receiving assistance.
  • The CHST originally retained only one CAP
    condition No residency period. A second has
    been added Provision for appeal must exist.
    IMPORTANT

89
The February 1995 Budget Profound reaction by
provincial systems
  • Immediate provincial response Outrage then
    cut-backs.
  • Less money but fewer conditions let Ontario and
    Alberta Conservative Governments slash SA
    benefits and institute workfare.
  • New interest in eliminating welfare fraud,
    which was never shown to be endemic anywhere.
  • In times of economic stress and reduced services,
    public generosity towards the poor diminishes.
  • Taking advantage of this climate, the Ontario
    Conservatives enacted legislation to regulate the
    undeserving unemployed beggars and the homeless.
    This was packaged as protection of the public.

90
Profound reaction by provincial systems (2).
  • Provincial and federal grants to major social
    welfare agencies (e.g. CCSD) were reduced.
  • The provinces made major medicare contractions
  • closed and merged hospitals reducing the number
    of beds
  • new super-hospitals
  • reduced their lists of medically necessary
    medicare services
  • dismissed doctors and nurses, many of whom left
    to the US.
  • Increase in provincial interest in private health
    care.
  • To be sure, this trend began in the early 90s
    before the Liberal Government. The Liberals
    simply accelerated it greatly.

91
New Normal Reduced federal funding
  • The deal Less money but more flexibility to use
    it.
  • CAP restrictions were lightened, allowing
    provinces to impose work-for-welfare and other
    punitive measures.
  • Canada Health Act principles remained in effect
    especially no private administration of health
    care.
  • Rapidly, Ottawa started to lose its leverage to
    maintain national standards as its dollar
    contribution decreased. Fiscal federalism
    started to unravel.

92
Consequences of reduced federal funding
  • IMPORTANT
  • The case for for-profit health care is stronger
    than ever.
  • Federal ability to enforce the prohibition is
    seriously weakened, despite recent augmentations
    to federal health transfers.
  • Provincial health contractions often went too
    far, seriously weakening the medicare regimes.
  • Increasing health costs, and still-low federal
    contributions, mean that some provinces are eager
    to try anything to reduce costs and improve
    access to quality services.

93
Globalisation Always lurking.
  • Powerful multinational companies are eager to get
    into the health insurance and health delivery
    business in Canada.
  • Severe contractions occurred in the UI programme
    in the 1990s (now called EI).
  • Ottawa has vacated various programme areas to the
    provinces like it or not, and sometimes
    unwisely.
  • Other severe shocks to the welfare state, some of
    which are ongoing.
  • Final abandonment of Keynesian economics Now
    governments strive to keep interest rates low,
    assuming that low rates maximum employment.
  • In the post-Keynesian era, Governments have
    abandoned the notion that full employment is
    possible.
  • A structural level of unemployment is now
    socially acceptable and necessary for the private
    sector to be responsive to new opportunities and
    markets.

94
1993 Programme Review Designing a more
business-friendly federal government.
  • The 1993 Programme Review involves six tests
  • 1. Public Interest test. Does the programme area
    or activity continue to serve a public interest?
  • 2. Role of Government Test. Is there a
    legitimate and necessary role for the federal
    government in this programme area or activity?
  • 3. Federalism Test. Is the current role of the
    Federal Government appropriate, or is the
    programme a candidate for realignment with the
    provinces?
  • 4. Partnership Test. What activities or
    programmes should or could be transferred in
    whole or in part to the private/volunteer sector?
  • 5. Efficiency Test. If the programme or activity
    continues, how could its efficiency be improved?
  • 6. Affordability Test. Is the resultant package
    of programmes and activities affordable within
    the realm of fiscal restraint? If not, what
    programmes or activities would be abandoned?

95
Welfare and workfare A hand up? or
discipline and punish?
  • Social assistance has always been anathema to
    private enterprise. This is why we still have
    the Poor Law principle of less-eligibility.
  • Industry-influences ideological political factors
    caused some provinces (esp. Alta and Ont) to
    slash SA benefits and eligibility in order to
    compel the employable to take on onerous
    employmentand to eliminate handouts to the
    undeserving.
  • Simultaneously, and as street begging increased
    sharply, Ontario legislated to control both
    street begging and squeegee kids.
  • Workfare was introduced, at additional
    administrative cost, in order to facilitate the
    welfare-to-work transition. Many studies prove
    that it seldom succeeded.
  • Private enterprise reacted negatively to
    workfare, fearing that it amounted to
    competition consequently, make-work welfare jobs
    tend to be with community agencies questionable
    value in many ways.
  • Ottawa changed UI to EI, reducing benefits and
    eligibility, in part so that former welfare
    recipients would not flock to UI.
  • Poor Law sentiments are alive and well!

96
Taxation and income distribution
  • Government programmes are paid from taxes, or
    sometimes from borrowed money during deficit
    years. Ultimately these services are not free.
  • Citizens used to pay. Today consumers pay.
    These are the same people.
  • Especially under globalisation, companies pay
    little if any of the tax burden. Intolerable
    corporate taxes businesses leave the country.
  • The federal social transfer reductions of the
    1990s gave the provinces fiscal shocks. In some
    cases Ottawa got out of the business altogether,
    leaving it to the provinces.
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