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121. UNDRIP Implementation Braiding International, Domestic and Indigenous Laws

Author:
CIGI
Publication Date:
05-2017
Content Type:
Special Report
Institution:
Centre for International Governance Innovation
Abstract:
In Canada, implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an opportunity to explore and reconceive the relationship between international law, Indigenous peoples’ own laws and Canada’s constitutional narratives. In May 2016, Indigenous and Northern A airs Minister Carolyn Bennett addressed the Permanent Forum on Indigenous Issues at the United Nations and o cially endorsed UNDRIP1 — without the quali cations attached by the previous government, which held the declaration to be aspirational and not legally binding. While this announcement did not change the legal relevance of UNDRIP in Canada, it does express the political will to begin implementation and signals that Canada may be on a path toward reconciliation with Indigenous peoples. us, the announcement also raised legal and policy questions about how the federal government intends to adopt and implement this soft law instrument.
Topic:
Human Rights, International Law, and International Affairs
Political Geography:
Canada

122. After the TPP: What’s Next for Canada in Asia?

Author:
Hugh Stephens
Publication Date:
04-2017
Content Type:
Policy Brief
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The Trump administration’s arrival has scrambled the cards in the trade policy world. Not only will the North American Free Trade Agreement (NAFTA) be reopened with uncertain results, but President Donald Trump has scuttled the Trans-Pacific Partnership (TPP) by announcing the United States’ withdrawal from the agreement. Canada, originally cool toward the TPP, pushed hard to be included in it. The TPP became the centrepiece of Canada’s Asia trade strategy, notwithstanding some public ambivalence on the part of the Trudeau government. With the TPP in its present form now in limbo, Canada still has options in Asia. First, it can keep an open mind with regard to the possible reconstitution of the TPP in another form, such as “TPP Minus One” (i.e., minus the U.S.). It should also push to reopen the bilateral negotiations with Japan that were suspended when that country joined the TPP negotiations. Canada is already exploring the possibility of an economic partnership agreement with China, perhaps on a sectoral basis, and simultaneously, it should actively pursue negotiation of a free trade agreement with the Association of Southeast Asian Nations (ASEAN) community. This could in time provide Canada access to the Regional Comprehensive Economic Partnership Agreement (RCEP) currently being negotiated among 16 countries in the Asia-Pacific region and would position Canada well in the eventuality that a Free Trade Area of Asia-Pacific (FTAAP) emerges. In the meantime, uncertainty regarding NAFTA’s future needs to be addressed. This uncertainty makes it more difficult for Canada to attract Asian investment but it also provides further impetus for Canada to diversify its trading relationships and to explore stronger relationships with Asian economies.
Topic:
International Affairs and Global Political Economy
Political Geography:
Canada and Asia

123. Beyond NORAD and Modernization to North American Defence Evolution

Author:
Andrea Charron and James Fergusson
Publication Date:
05-2017
Content Type:
Policy Brief
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
While most attention on NORAD and North American defence cooperation is focused on the modernization of the North Warning System (NWS), significant developments have occurred that suggest modernization will be accompanied by significant evolutionary changes to the Command. The new threat environment, centered upon Russian behaviour in Crimea, Ukraine and Syria, a new Russian strategic doctrine, and a new generation of advanced Russian long-range cruise missiles dictate not only layered, multi-sensor early warning system, but also changes in NORAD command arrangements. In addition, the maritime component of the cruise missile threat, alongside continuing concerns of terrorists employing freighters as cruise missile platforms, raise the question whether NORAD should evolve into a binational air-maritime defence command. These considerations are central to the ongoing Evolution of North American Defence (EVONAD) study, emanating from the Canada-US Permanent Joint Board on Defence, under the lead of NORAD, in collaboration with the Canadian Joint Operations Command (CJOC) and US Northern Command (the tri-command structure). The final result is difficult to predict. However, it is clear that both modernization and evolution will be driven by the militaries engaged, with civilian authorities guiding the process, and the public and Canadian government not paying attention.
Topic:
International Relations, Defense Policy, and International Security
Political Geography:
Canada

124. Staying Ahead of Trump on Security Requires a Holistic Review of Canadian National Security

Author:
Alan Stephenson
Publication Date:
05-2017
Content Type:
Policy Brief
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
It is time for the Canadian government to conduct a holistic review of Canada’s national security complex. The Defence Policy Review is floundering as a consequence of an uncooperative world, Canada’s domestic security institutions require legislative empowerment, and the election of Donald Trump has placed increased pressure on Canadian security and defence. Securing the U.S.’s northern border is a no-fail mission for Canada as peace and prosperity depend upon it. However, this must be done within Canadian security norms and values. Only a ground-up examination of the Canadian national security system will elicit a comprehensive understanding of the current deficiencies that will allow focused alignment of government objectives, policies and public funds. Crisis management requires a strategic plan with clear objectives from which to conduct concurrent and coordinated activities. The Trudeau government has the team in place; now, it needs a new National Security Policy statement to assist in “lead turning” an unconventional U.S. administration steadfast in its stance over national security.
Topic:
International Relations, International Security, and Immigration
Political Geography:
America and Canada

125. What Should Canada’s Aims be in Any Renegotiation of NAFTA?

Author:
Sarah Goldfeder
Publication Date:
05-2017
Content Type:
Policy Brief
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
On Jan. 23, the first Monday after being sworn in as president of the United States, Donald Trump signed a presidential memorandum that laid the groundwork for exiting the Trans-Pacific Partnership (TPP). The TPP was the elegant solution to a host of hold-over irritants from the North American Free Trade Agreement (NAFTA) as well as a way to address wholly new issues of trade and commerce. In the wake of this decision, Trump also promised a wholesale reworking of NAFTA, in which everything would be on the table. In the days since, the Trump trade team has been off to a rocky start. Finally, after months of discussion, the notification incumbent for use of the Trade Promotion Authority (TPA) was provided to Congressional leaders on May 18, 2017. Mexico has taken it all in stride, as it took almost immediate advantage of the blusterous U.S. rhetoric to outline its demands for any NAFTA discussion. Canada meanwhile plays the sphinx, open about its willingness to negotiate, but not much else. The U.S. may find that it’s less ready for this round of negotiations than it wanted to be, but its partners are well placed to unite and drive a hard bargain.
Topic:
International Political Economy and International Affairs
Political Geography:
Canada and Global Focus

126. Non-territorial indigenous self-governance in Canada and the United States

Author:
Raphaëlle Mathieu-Bédard
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Indigenous peoples and minorities throughout the world have endeavoured for centuries to rid themselves from colonialism and oppression, while governments struggle to recognize indigenous and minority rights and minorities’ rightful standing in society. Varied approaches have been adopted, with varying degrees of success – but much can be learned from past and current victories and mistakes. Both in Canada and in the United States, the federal governments have historically held exclusive and virtually unlimited authority over their indigenous populations. Yet, based on divergent interpretations of the ‘doctrine of discovery’, the two countries have long developed differing policies regarding the self-government of their indigenous[i] nations, inevitably influencing their respective indigenous self-determination movements and the emergence of indigenous, non-territorial institutions.
Topic:
Minorities and International Development
Political Geography:
America and Canada

127. Canada' s Trade Minister Is Ready to Make a Difference at the WTO

Author:
François-Philippe Champagne
Publication Date:
10-2017
Content Type:
Special Report
Institution:
Centre for International Governance Innovation
Abstract:
There is an inverse relationship between the number of kilometres François-Philippe Champagne travels and the amount of attention he receives. Canada’s trade minister was in Morocco over the Canadian Thanksgiving weekend for a World Trade Organization (WTO) meeting, and in Mexico less than a week later for Prime Minister Justin Trudeau’s first official visit to the country.
Topic:
International Political Economy and International Trade and Finance
Political Geography:
Canada

128. Is Canada Really Moving beyond Its Colonial Past?

Author:
Joshua Nichols and Robert Hamilton
Publication Date:
09-2017
Content Type:
Special Report
Institution:
Centre for International Governance Innovation
Abstract:
Justin Trudeau’s government has made a number of policy decisions which would refocus Crown-Indigenous relations. Joshua Nichols and Rob Hamilton place these changes in the context of the last 150 — if not 250 — years of Canadian history
Topic:
Post Colonialism and International Development
Political Geography:
Canada

129. Flood Risk and Shared Responsibility in Canada: Operating on Flawed Assumptions?

Author:
Daniel Henstra and Jason Thistlethwaite
Publication Date:
09-2017
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
Floods cause more property damage than any other hazard in Canada, and water-related losses now exceed fire and theft as the main source of property insurance claims. Public spending on flood relief has grown, and is projected to increase dramatically over the next decade, so governments have been changing their policies to reduce their financial exposure by shifting responsibility to homeowners. An implicit assumption of this policy shift is that individual homeowners must share greater responsibility for protecting their property by purchasing newly available flood insurance. Evidence is presented suggesting that consumer demand for flood insurance may be insufficient for economic viability. Low risk perception and a moral hazard created by government disaster assistance limit incentives for purchasing insurance.
Topic:
Environment and International Security
Political Geography:
Canada

130. Evaluating the Need for Pipelines: A False Narrative for the Canadian Economy

Author:
Jeff Rubin
Publication Date:
09-2017
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The claim that additional pipeline capacity to tidewater will unlock significantly higher prices for bitumen is not corroborated by either past or current market conditions. Recent international commitments to reduce global carbon emissions over the next three decades will significantly reduce the size of future oil markets. Only the lowest-cost producers will remain commercially viable while high-cost producers will be forced to exit the market. The National Energy Board should consider a rapidly decarbonizing global economy when assessing the need and commercial viability of further pipelines in the country and use Western Canadian Select as the price benchmark when evaluating the economic viability of any new oil sands projects. Pension plans need to stress test their long-term investments in the oil sands in the context of a decarbonizing global economy.
Topic:
International Political Economy
Political Geography:
Canada