Conclusion

The reconstitution of Canadian federalism by first ministers via executive fed­eralism is one of the more remarkable outcomes in the annals of federal consti­tution making. Well before the patriation of the constitution in 1982, Canadian politicians managed to rewire major political institutions to serve the difficult and often fraught politics of this complex federation.

Executive federalism is not without its weaknesses. The very dynam­ics that allow it to function successfully have anti-democratic elements. Meetings of first ministers held in closed session with no official records of debates or decisions and lacking clear voting rules do little to enhance dem­ocratic transparency or accountability. Executive dominance of legislatures encouraged by the electoral system, party dynamics and Westminster par­liamentary norms conspire to limit the effectiveness of political opposition. So, too, do periods of sustained one-party dominance in several Canadian jurisdictions, including at the federal level. Yet, in contributing to the bar­gaining power of first ministers and pitting them against each other—as rel­atively independent actors able to authoritatively deliver results—executive federalism allowed for the political de-integration of a relatively centralized federal constitution.

As Riker's approach predicted, the analysis here suggests that the dynam­ics of executive federalism and bargaining are intimately connected to elec­toral and legislative realities that help determine the negotiating power of first ministers.

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CHAPTER 7 ‘Swimming Outside the Flags'