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Authors: Christopher Moore

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From the perspective of the 1990s, what was most striking about Brown’s offer is how much it was a
parliamentary
negotiation and a parliamentary accommodation. No single party could impose a solution to the problems of governing the united Canadas. No party commanded enough support to command the legislature, and no one-party policy would have been accepted in good faith by the others. Brown, however, had been proven right in his trust that, in a flourishing parliamentary system, where the voters’ elected representatives had real power to make both governments and policy, even a “governmental impossibility” could have a decisive impact.

The united Province of Canada has had an historical reputation, above all else, for political deadlock and for squalid deal-making. Professor Russell spoke for the late-twentieth-century mainstream when he dismissed parliamentary government at the time of confederation as a top-down form of democracy, obeying traditional
élitist theories that are no longer tolerable today. But the union’s parliamentary government had defenders. In a heterodox study of Ontario’s political traditions, Professor S. J. R. Noel wrote that “in the United Canadas, the combination of responsible government and brokerage politics produced a system in which practically all the important areas of public policy … were dealt with through the processes of bargaining, deal-making and compromise: in other words, almost everything was legitimate grist to the political mill.… At its best it was innovative, practical, and wonderfully civilized.” Professor Noel declared that the political system of the Canadas in the 1860s “was in some respects in advance of any other in the world at that time.”
10

Professor Russell – and presumably Preston Manning – would dismiss all this civilized parliamentary bargaining because it was done by “élites.” Certainly most politicians of the confederation era were wealthier, more prominent, and more successful than the mass of their supporters – much as politicians were in the late twentieth century. But they hardly enjoyed the kind of quasi-feudal authority suggested by “top-down democracy.” Politicians like George Brown and John A. Macdonald (essentially self-made successes, neither of whom received leadership as a birthright) were close to their electors. Macdonald is said to have known by name everyone who voted for him in Kingston, and (since voting was mostly done in public) everyone who opposed him, too. He and his rivals were elected on electoral franchises as broad as any then existing in the world, and they frequently staked their seats upon the support of an active, confident, well-informed, and changeable electorate. When they brokered the deal that broke the deadlock in June 1864, Macdonald, Brown, and Cartier had every right to believe that they represented the broad mass of the electorate which had recently put them into the legislature.

George Brown’s moment in government was brief. In the two vital conferences where confederation was negotiated, and in the
parliamentary debates that followed, he was a powerful force. But he was not in the end a government man, and not all the elements of the new Canadian constitution pleased him. Once confederation was settled, Brown no longer had any wish to sit in cabinet with his old rivals. He left the coalition in the summer of 1866, eager to see traditional party lines restored.

He never did become quite the white-haired patriarch that Careless says we have made him. In 1880, not entirely weaned from irascibility and impulse, he got into a struggle with a dismissed employee who came into his
Globe
office to complain. The employee had a gun, and it went off. Shot in the leg, Brown minimized the extent of the wound, but it became infected and he died. He was sixty-two.

It remains striking that a man so stiff-necked about his own principles and so ready to denounce those of others, above all so uneasy about co-operation and compromise, was also a parliamentary man. George Brown’s career suggests the strengths of nineteenth-century parliamentary politics. Even Brown – in the mainstream view a dangerous fanatic who preferred his principles to power and didn’t much care whom he offended – hewed to the conventions of parliamentary process and parliamentary authority.

In the deal-making of the late twentieth century, by contrast, Canadian politicians acted as if they felt trapped in parliamentary forms, which they tried as much as possible to circumvent. By general consent, and certainly without a murmur of protest from parliamentarians, the legislatures played no significant part in the patriation of 1982, the Meech Lake accord of 1987, or the Charlottetown accord of 1992. (Rarely, they could play a negative role, as in 1990, when procedural rules enabled a single Manitoba legislator to disrupt the careful ratification schedule that the triumphant first ministers had decreed.) In the late twentieth century, only leaders of parties in power had any place in constitutional deal-making. There was no place for the ideas of a party that could not hold power. In the 1990s, a sectional party could not represent its region in constitution-making
unless it achieved power, and it could only achieve power in Ottawa by ceasing to speak for one section.

Had the rules of the 1990s applied in the 1860s, George Brown’s persistent inability to form a government would have precluded him (and his party) from any role in settling the constitutional crisis of the Province of Canada. In the 1860s, however, when parliaments were powerful, a seat in Parliament promised influence at the constitutional table. Even a governmental impossibility like George Brown preserved his faith in parliamentary government out of a belief that the people were represented by legislatures, not by first ministers alone. And that belief was ultimately rewarded. Brown was able, as a fiercely sectional partisan, to be a vital participant in brokering a deal acceptable to many rival sections.

To see how a sectionalized political society sincerely dedicated to parliamentary process handled constitutional challenges in the midst of deadlock, we have only the 1860s to observe. We can follow George Brown and his rivals-turned-partners to Charlottetown, where another parliamentary accommodation had brought a diverse collection of politicians from the Atlantic provinces together to meet them.

*
The electoral franchise and its exclusions are considered in more detail in
Chapter Six
.

*
Maybe not. The “provincial equality” proposed by advocates of the Triple-E Senate has been criticized on rep-by-pop grounds. And when the Charlottetown accord proposed to guarantee Quebec one-quarter of the seats in Parliament, rep-by-pop did indeed become controversial again.

*
There was an ancient logic to this odd requirement. When kings actually ruled, parliaments existed not to govern but as a check upon the government of the Crown. Hence a parliamentarian who agreed to become an adviser to the Crown – a cabinet minister, in other words – was about to serve two masters: the king and the people. It was thought proper that he should secure the consent of his electors before doing so. As the parliament took control of government, and the king ceased to rule, the two-masters problem became moot. But constitutional usages die hard. The obligation on a new cabinet minister to seek re-election survived past confederation.

CHAPTER TWO
Charles Tupper Goes to Charlottetown

S
IR CHARLES TUPPER
died in 1915, in his ninety-fifth year. In his final years, he made periodic excursions to the Vancouver home of his son Charles Hibbert Tupper, but his residence at the end was an English country estate with the Wodehousian name of Bexleyheath. It is an enormous leap – almost too much for one life to contain – from the young political scrapper who entered Nova Scotia’s colonial assembly in 1855 to this ancient baronet of Bexley. It seems odd to us, now, how so many Canadian nation-builders, even those born and raised in Canada, took themselves off to Britain in retirement, preferring to die in the “old country,” even if, like Tupper, they had never been young there. The last Canadian political leader to choose a British deathbed was R. B. Bennett, child of Hopewell Hill, New Brunswick, who in 1938 removed himself to an English village called Mickleham, wangled himself a viscountcy, and died impersonating an English gentleman. Today, of course, Tupper and Bennett would be more apt to die in Palm Beach or Lyford Cay, which at least have weather to commend them. As the natural refuge of superannuated Canadian leaders, Britain has become unimaginable.

So Tupper at the end of his life cuts an incomprehensible figure. The last of the thirty-six fathers of confederation, all his contemporaries long dead, sits, a huge old ruin in a fur collar with a blanket over his knees, chauffeured about the damp English countryside in some clanking black motor car, doubtless trying to comprehend the horribly modern slaughter of young Canadians at Ypres and Festhubert, gradually letting it go.

That unedifying twilight makes it hard to recapture the energetic nation-building young Tupper of the 1860s. And Tupper himself does not help us. He left two volumes of memoirs and an authorized
Life and Letters –
all so bland, superficial, and sanitized that they tell us little of his achievements and almost nothing about him. His personal papers were, in historian Peter Waite’s phrase, “not so much laundered as starched.” The destruction of most of what was worthwhile in them has made it almost impossible to flesh out the stiff cardboard of his public image with anything human and tangible.

He had his admirers. There are many reports of the Tupper who always overflowed with energy and enthusiasm, who kept his black medical bag under his parliamentary desk and would offer medical help at any time. Those who liked him said he was bluff and four-square and immovable in his determination. He was full of “a characteristic which may be defined in a favourable sense as audacity,” as one journalist put it. “In repose, even, he looked as if he had a blizzard secreted somewhere about his person,” said a fellow
MP
. With the wives of his friends and colleagues, he was said to be gallant and flirtatious, never too busy to hear some medical confidence, organize an outing, or simply present a flower from the garden.
1

Those who liked him said he was dogged in adversity. Actually he was a bully. When he had power, he was constantly eager not merely to defeat but to humiliate his rivals. Historian Waite, who made a wonderful biography from the well-preserved papers of Tupper’s fellow Nova Scotian John Thompson, notes in it the legend that “Tupper” arose from the French
tu perds
, “you lose.” For the weak or dependent, Tupper was hardly the trusted companion his
more secure friends imagined. He was married for sixty-five years, and friends insisted the marriage was happy and close, but letters – vanished from Tupper’s papers but preserved in Thompson’s – suggest a Tupper who was aggressively sexual. Waite reports how Tupper, a Baptist and a minister’s son, once bullied Thompson into taking him to mass, simply to pursue a young Catholic woman he was attracted to. That and a hundred other incidents might have been simply flirtatious, but Waite also cites the Washington typist who alleged in a legal action that Tupper got her pregnant, talked her into an abortion, and vanished. Her complaint was unproven, and her court case, denounced as a blackmail, was either abandoned or privately settled. Still, such stray details give an unpleasant inkling of the kind of bullying endured, if half the rumours are true, by vulnerable citizens upon whom Tupper forced his attentions.
2

Tupper’s public record was long and distinguished. After the great editor and statesman Joseph Howe brought Nova Scotia responsible government in 1847 by welding supporters of reform into a disciplined party with broad electoral support, Tupper helped bring the conservative party back into contention by transforming it from an aristocratic Anglican clique into a broad coalition of middle-class Protestants and Catholics. He personally came to public attention by unseating Howe himself in a head-to-head contest. Howe acknowledged Tupper as a worthy foe, both as a campaigner and a strategist – though he regretted that young Tupper, for all his talents, could never simply argue a principle; he had to attack the good name of his opponents, too. As premier of Nova Scotia, Tupper led the confederation negotiations, and against deep opposition he brought his province into confederation. Moving to the federal stage, he became an indefatigable cabinet minister, ambassador, and political fixer, and finally prime minister of Canada.

Two deep scars flaw the record of nearly fifty years in public life. The more visible of the two was inflicted in 1896, after Tupper returned from nearly a decade as Canadian High Commissioner to Britain to become party leader and prime minister. He had to
face the voters at once, and was swept from office. Defeat left him the shortest-serving prime minister ever. With fewer days in office than Kim Campbell or John Turner, Tupper the prime minister ranks merely as one of the four hapless Conservatives – Waite’s Thompson was another – who briefly held the office after the death of Sir John A. All have been totally eclipsed by Macdonald’s halo and by the bright light of Wilfrid Laurier’s sunny ways, which flared out upon Tupper’s rout and outshone all rivals for fifteen years. Tupper, the last of the futile four and the only one to face election, seems now diminished rather than elevated by having held the office, an asterisk prime minister, a trivia question.

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