The Canadian Parliamentary Review was founded in 1978 to inform Canadian legislators about activities of the federal, provincial and territorial branches of the Canadian Region of the Commonwealth Parliamentary Association and to promote the study of and interest in Canadian parliamentary institutions. Contributions from legislators, former members, staff and all other persons interested in the The hardwood spiral staircase is objectives of the Review are welcome. a free-standing structure in New Brunswick’s Legislative Assembly The Review is published for the Canadian Building. Designed with the Region, CPA. Any opinions expressed supports coming out from the wall are those of individual contributors and instead of from a central pole, should not be attributed to any Branch of the staircase winds up from the the Canadian Region. first to third floor. New Brunswick hosted the 2014 Commonwealth Parliamentary Association Canadian Regional conference in July. Editor: Will Stos Credit: “Legislative Assembly of Layout: Frank Piekielko New Brunswick” Production Team: Albert Besteman, Cheryl Caballero, Kim Dean, Yasuko Enosawa, Susanne Hynes, Joanne McNair, The Importance of Debating Major Social Issues in Parliament: Wendy Reynolds, Linda Wells The Example of Québec’s Act respecting end-of-life care Editorial Board Jacques Chagnon, MNA...... 2 Patricia Chaychuk (Chair) Charles Robert (Deputy Chair) Women Parliamentarians in the Post-2015 Development Era Agenda Blair Armitage Deborah Deller Myrna Driedger, MLA...... 5 Dominique Drouin Kim Hammond Sonia L’Heureux Charles MacKay Is There a Confidence Convention in Consensus Government? Audrey O’Brien Gary O’Brien David M. Brock and Alan Cash...... 10 Kate Ryan-Lloyd Doug Schauerte Natalie Foster Executive Decision-Making: Challenges, Strategies, and Resources Adam Moscoe...... 17 Subscription $40.00 (4 issues) or “Tremendous Assets”: $70.00 (French and English editions) Co-op students at the Legislative Assembly of Ontario $75.00 (4 issues - international/U.S.) Susanne Hynes...... 24 $125.00 (French and English editions - international/U.S.) Same But Different: The 2013 Liberal Intra-Party Transition in Ontario Cheques should be made payable to: Connor Bays ...... 28 Canadian Parliamentary Review Observations on Youth Engagement in Parliamentary Politics Address correspondence to: Canadian Parliamentary Review Maya Fernandez, Rebecca Whitmore, Vanesa Tomasino Rodriguez c/o Ontario Legislative Library and Kate Russell...... 33 Queen’s Park CPA Activities: The Canadian Scene ...... 37 Toronto, ON M7A 1A9 E-Mail: [email protected] Parliamentary Book Shelf...... 41 Internet: http://www.RevParl.ca Legislative Reports...... 48 Editor: (416) 325-0231 Fax: (416) 325-3505 E-Mail: [email protected]

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CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 1 The Importance of Debating Major Social Issues in Parliament: The Example of Québec’s Act respecting end-of-life care

Jacques Chagnon, MNA

In an age when parliaments are often criticized for being too partisan in nature, it is still possible for legislatures to serve as exceptional forums to conduct in-depth examination of major social issues and foster broad-based consensus. Using the process employed when considering Quebec’s recent Act respecting end-of-life care as an example, the author shows how important and contentious social matters can be debated and examined in a constructive way by legislators, along with extensive participation from civil society. He concludes by proposing that Canadian parliaments may want to investigate whether to follow the examples of Finland and France by creating special committees to review such issues.

arliaments, at their which a person may obtain medical aid to die. The best, are capable of debate on euthanasia and assisted suicide has been Pcreating exceptional going on in Québec for some 30 years, during which forums in which to conduct time a number of court rulings have been handed in-depth examination of down on the subject. major social issues, in a The debate reached an important juncture in 2009, calm and non-partisan when the Collège des médecins du Québec published manner. Such initiatives a paper which proposed that society, medical should take place more practitioners and the legislature consider whether often in my view because euthanasia might not be, in cases of exceptional they give rise to the kind suffering, an appropriate final step in the continuum of broad-based consensus of end-of-life care. At about the same time, opinion that fosters social polls showed that the public, in general, and doctors, progress. They also enhance the image of Parliament, in particular, supported medically assisted dying by a which is too often seen as an arena for partisan debate. margin of more than 70 per cent, provided appropriate Québec’s recent discussions surrounding its new Act safeguards were put in place. respecting end-of life care provide one recent example of the benefit of debating social issues. It was against this background that, on December 4, 2009, the Members of the National Assembly The Select Committee on Dying with Dignity unanimously adopted a motion to create a select The Act respecting end-of-life care was adopted in committee to study the issues relating to dying with June 2014. Founded on respect, compassion and dignity. understanding, with regard to people who are at the The Select Committee on Dying with Dignity was end of their lives, the act sets out the rights relating chaired by a government MNA and vice-chaired by to end-of-life care and prescribes the conditions under the sponsor of the motion, an Official Opposition member. The committee’s mandate was to study end- of-life issues, which included euthanasia and assisted Jacques Chagnon is the President of the Québec National Assembly. suicide. In addition, it was to examine such subjects He also chairs the Committee on the National Assembly and the as palliative care, palliative sedation, refusal and Subcommittee on Parliamentary Reform.

2 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 cessation of treatment, and end-of-life planning, in Throughout its mandate, the Committee had a case of incapacity. team of researchers at its disposal who organized and studied data using NVivo qualitative analysis Once the Committee had been struck, a four-and- software, as well as participated in drafting documents a-half-year period of rigorous study and consultation later published by the Committee. followed. It is important to note that the Committee began, continued, and completed its mandate during The Committee’s report, crafted after 51 deliberative three different legislatures, in which two different meetings, contained 24 unanimous recommendations; political parties held power and four parties were it was tabled in the National Assembly on March 22, represented in the House. 2012. For the occasion, the Committee’s nine members, representing all four political parties, held a press The Committee’s work was characterized by a conference to announce their recommendations to targeted approach and a desire to give all citizens who the public. The report was extensively covered in wished to state their opinion a chance to do so. the media, as was each stage of the Committee’s It began by hearing approximately 30 experts from work leading up to it. The rigour of the Committee’s disciplines such as medicine, law, ethics, sociology and methods and the quality of its report were qualified as psychology. It then released a consultation document exemplary by political observers and the public alike. to increase public awareness of the subject and facilitate Whatever their political allegiance, all public participation. parliamentarians who participated in the work of the The idea was to consult the greatest possible number Committee can be proud of the work accomplished. of citizens. The Committee did everything in its power The Act respecting end-of-life care to encourage people to express their opinion; they sought out a briefs or comments, welcomed testimony In June 2013, little more than a year after the report before the committee without submitting a brief, and was tabled, the Minister for Health and Social Services promoted an online questionnaire. introduced Bill 52. In total, 273 briefs were received and the Committee The bill drew largely on the Committee’s travelled throughout Québec to meet with people recommendations on palliative care, advance medical who wished to participate. From September 2010 to directives and the strict conditions under which a March 2011, 239 individuals and organizations were person may obtain medical aid to die. For example, heard during 29 days of public hearings held in eight such a request may be made only by a person who has cities. Another 100 or so citizens expressed their views reached the age of majority and is capable of consenting during the open mic periods provided. to care. The person must be an end-of-life patient who is suffering from a serious and incurable illness, is in More than 6,500 people completed the online an advanced state of irreversible decline in capability, questionnaire and some 16,000 comments were and is experiencing constant and unbearable suffering received by email, mail and fax, or included with the that cannot be relieved by medical means. online questionnaires. As part of its examination of the bill, the Committee Clearly, people were provided ample opportunity to on Health and Social Services held public hearings give their opinion on this most sensitive of issues. The in the fall of 2013, during which 55 groups gave their hearings unfolded in a calm and serious atmosphere, opinion on the bill. From November 2013 to January with participants always respectful of opinions 2014, almost 52 hours were spent on clause-by-clause contrary to their own. consideration, resulting in the unanimous adoption of In June 2011, taking pains to cover all of the bases, four 57 amendments. members of the Committee went on a study mission However, in March 2014, just as the bill was about to the Netherlands and Belgium, two countries where to come to a vote, the Assembly was dissolved and certain forms of assisted dying are authorized, and to the 40th Legislature ended. In May 2014, at the start of France, where the subject has been hotly debated for the 41st Legislature, and after an agreement had been several years now. reached between the four political parties represented The four delegates attended 21 meetings with in the House, the Members unanimously agreed parliamentarians, representatives from the main to reintroduce the bill at the stage it had reached in government departments concerned, doctors, nurses, the legislative process prior to the end of the 40th palliative care workers, and ethics and legal experts. Legislature.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 3 In a gesture that was symbolic but deserves It is interesting to note that, on average, six mandates mentioning nonetheless, the bill was reintroduced by of this kind are carried out each year in Québec, two co-sponsors: the Minister of Health and Social and some of them result in significant legislative Services, and the Official Opposition member for the amendments and changes to government policy. riding of Joliette—the same MNA who had introduced It is safe to say that, more often than is commonly the initial motion in December 2009, vice-chaired the thought, the Members of the National Assembly Select Committee, and introduced Bill 52 as Minister examine major social issues in a spirit of collegiality for Social Services. that rises above all partisanship and focuses on the The vote held on June 5, 2014, was one in which common interest. All of which proves that it is possible Members were free to follow their conscience and vote for parliamentarians to undertake fundamental in accordance with their deepest convictions. In the discussions that eventually result in constructive end, 94 Members voted in favour of the bill, and 22 reform. against. Already, at the beginning of the 41st Legislature, Though the act has now been assented to, a healthy a number of committees have taken on mandates of debate continues to make waves in Québec society. this kind. One example is the Committee on Citizen Relations. In the coming months, its members will Other Examples of Non-partisan Debates on Social study two important issues: poverty among young Issues children, as well as the challenges faced by informal The example of the process leading to the adoption caregivers, who devote their time to providing care to of Bill 52 proves that parliaments can engage in non- their loved ones. partisan debates on important social issues and In addition, just recently, the government launched obtain concrete results. Indeed, other collaborative its anti-bullying program by announcing a new online parliamentary initiatives in Québec have proven every consultation. This problem is another major issue that bit as exemplary. is best dealt with in discussions that bring non-partisan Here are three examples of other mandates carried values to the fore. out through collaborative efforts, each of which Conclusion and Future Considerations resulted in a report containing conclusions and unanimous recommendations. To my way of thinking, it would be productive • The link between artificial tanning and skin cancer if the Members agreed to create a committee that was studied in response to the tabling of a citizens’ concentrated specifically on major social issues—a petition. The committee’s recommendations led committee similar, perhaps, to those which exist in to legislative amendments which, among other France and Finland. things, prohibit persons under 18 from having access to artificial tanning services. In France, the Senate created a senatorial delegation • Members concerned by the phenomenon of for strategic foresight (Délégation sénatoriale à la homelessness in Québec published a consultation prospective), whose mandate is to study changes document, received almost 150 briefs, and heard from approximately 100 people during in society and maintain relations with other bodies, hearings held in four cities. The committee’s 33 French and foreign, that focus on issues relating to recommendations subsequently served as a guide future social developments. for government policy. • A parliamentary committee looked at the issue of The French Senate drew its inspiration from how to better protect Québec investors in mutual Finland’s Committee for the Future. With the creation funds. The committee published a consultation of this committee, Finland inaugurated an ongoing document on the subject.The committee received 35 process of reflection and concerted action with regard briefs and 140 opinions, and heard 30 individuals to the future of the country. and organizations in the course of public hearings. Its recommendations led to legislative measures There must be no taboo subjects, and the Members aimed at better protecting Québec investors and must choose issues that have an impact on people’s strengthening their confidence in the financial sector. lives and could readily be studied in that most appropriate of forums: Parliament.

4 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 Women Parliamentarians in the Post-2015 Development Era Agenda

Myrna Driedger, MLA

The Chair of the Commonwealth Women Parliamentarians (CWP) – Canada Region reports on the activities of a CWP Pan-Commonwealth Conference in London, England. The conference, which addressed “Women in the Post Millennium Development Goal Era,” explored how women parliamentarians could use their positions to help the fight against global poverty in its many forms, including how it manifests in gender inequality.

illennium Millennium Development Goals Development Eradicate extreme poverty and hunger MGoals (MDGs) emanated from United Achieve universal primary education Nations’ Summits and Promote gender equality and empower women Conferences in the 1990s. The MDGs represent the Reduce child mortality world’s commitment to Improve maternal health deal with global poverty in its many dimensions. This Combat HIV/AIDS, malaria and other diseases commitment is supported Ensure environmental sustainability by a global partnership, which calls for country-led Develop a global partnership for development strategies and support from **Members are at different levels at achieving developed countries in the MDGs** areas of trade, official development assistance, debt sustainability and access to medicine and technologies. Global Efforts to Achieve MDGs: The eight MDGs – which range from halving The MDGs have been the most successful global anti- extreme poverty rates to halting the spread of poverty push in history. Significant and substantial HIV/AIDS to providing universal primary education, progress has been made in meeting many of the targets all by the target date of 2015 – form a blueprint agreed including: halving the number of people living in to by all the world’s countries and the world’s leading extreme poverty and the proportion of people without development institutions. The goals have galvanized sustainable access to improved sources of drinking unprecedented efforts to meet the needs of the world’s water; a significant decline in the proportion of urban poorest. The UN is also working with governments, slum dwellers; remarkable gains in the fight against civil society and other partners to build on the malaria and tuberculosis; and visible improvements in momentum generated by the MDGs and carry on with all health areas, as well as primary education. an ambitious post-2015 development agenda. However, there are still areas where action is needed most. For example: one in eight people worldwide remain hungry; too many women die in childbirth Myrna Driedger represents Charleswood in the Manitoba when there are means available to save them; and Legislative Assembly. She is Health Critic and Critic for the Status more than 2.5 billion people lack improved sanitation of Women for the Progressive Conservative Party. She is also Chair facilities. of the Commonwealth Women Parliamentarians in the Canadian Region of CPA.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 5 UN Secretary General Ban Ki-Moon says: violence, discrimination and under-representation. “In more than a decade of experience working Session 2: Presiding over the House - Establishing a towards the MDGs, we have learned that Gender Balance focused global development efforts can make a difference. Through accelerated action, the Dawn Primarolo, U.K. MP and Deputy Speaker world can achieve the MDGs and generate of Parliament, talked about the challenges of being momentum for an ambitious and inspiring post- 2015 development framework. Now is the time a woman Member of Parliament. Making particular to step up our efforts to build a more just, secure reference to the way women parliamentarians are and sustainable future for all.” portrayed by the media, she contended that female MPs get at least twice as much negative publicity as The CWP Pan-Commonwealth Conference men. CWP delegates emphasized the importance of This conference provided CWP members with the political parties improving their list systems when opportunity to develop our own considerations for the selecting female candidates. role of women, girls and gender equality in the post- It was expressed that there should be: MDG period. The conference provided the participants with the opportunity to gain an understanding of the • Zero tolerance for unacceptable behaviour towards women current thinking behind the negotiations for the post- • Select committees established, or similar scrutiny 2015 agenda, to hear about the work of Commonwealth to inquire into the way media is biased against governments in this area, to learn about the importance women of gender issues in social policy when legislating, and • Pressure on political parties to change their list obtain guidance on how to work to strike a better deal systems to encourage greater female participation for gender equality going forward. Session 3: Remarks from CPA Chair Keen to provide a forum to share good practice Alan Haselhurst, U.K. MP and Chair of the CPA in women’s issues, the CWP also deliberated issues Executive Committee, covered three main areas in of women’s leadership beyond public office and the this session: the obstacles to women entering political importance of the gender sensitization of parliament office, the greatest challenges to the CWP, and CWP’s through presiding over a legislative house. greatest achievements and future. Session 1: Introductions from CPA Secretary General Members raised the following points: and CWP Chair • The CWP needs to increase its visibility After welcoming CWP members, William F. Shija, • The CWP’s network needs to be completed CPA Secretary General, talked about the varying • CWP needs to stay within the ambit of the CPA levels of female representation in Commonwealth • The importance of intergenerational work needs to Parliaments, the direct correlation between women be emphasized in high office and improved levels of poverty, the • The use of social media to raise awareness of CWP activities and achievements of CWP to date, and the should be enhanced place for gender parity and women’s rights in the post- Session 4: Gender and Social Policy - Making Your MDG era. Mark CWP Chair Rebecca Kadaga talked about MDG Diane Perrons, Professor of Economic Geography achievements to date, including the reduction of and Gender Studies at the London School of Economics, poverty, the improved gender gap in employment talked about the enduring nature of gender inequality rates and of the efforts in the health and education and the fact that it often doesn’t capture the public’s sectors. She talked about the importance of reaching imagination in the same way as other elements of a consensus and the importance of a universal the development agenda do. The group talked of the development agenda. Gender equality, after all, is a universal character of gender inequality, the role of universal issue. education, and the importance of the quality of the education provided. She talked about the importance of addressing gender inequality through targets, from the grassroots Members raised the following points: of local government and upwards, and also about the • There is a distinct undervaluing of the unpaid relevance of developing a road map to enable the CWP work often undertaken by women such as the to achieve its objectives. Kadaga cited global examples provision of care where women are continually victims of gender-based • Women are frequently more vulnerable than men when cuts to national expenditures are made

6 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 • The importance of tracking public expenditures as • The provision, or lack of provision, of briefings a way to measure gender equality from governments on negotiations concerning the • Structural and cultural issues are often vast and next set of development goals, especially on girls’ therefore continue to hinder the development of and women’s rights women • The organization of consultations with the electorate on the post-MDG priorities Session 5: Negotiating a Better Position for Women • Effective oversight over governments’ and Girls After 2015 commitments to gender equality is critical Charles Chauvel, Advisor for Parliamentary Members expressed frustration over the UN system Development at UNDP, presented a progress report where parliament is often the periphery on the eight MDGs: extreme poverty rates have been halved since 1990; enrolment in primary education in Session 6: A Vision for the Future of Gender Equality developing regions has reached 90 per cent; the world and Post-2015 Development Goals has achieved equality in primary education between David Hallam, UK Department for International girls and boys – but women still face discrimination Development Envoy, set out the thinking behind the in accessing education at other levels, work, and successors to the MDGs, how they are designed and participating in decision making; 14,000 fewer children what they seek to achieve: a more equal world in are dying each day; maternal mortality has fallen by 2030 which is more prosperous, more just and more 47 per cent since 1990; greater numbers of people peaceful. It was emphasized that there was a need to are receiving treatment for HIV/AIDS and malaria; commit to changing the way we think and act. 2.1 billion people have gained access to clean water since 1990; debt service has declined in developing Five transformational shifts were set out: countries; and the trade climate has improved. • Leave no one behind • Put sustainable development at the core Members emphasized the following challenges in • Transform economies for jobs and inclusive negotiating for women in the post-MDG era: growth Photo provided

Attendees of the CWP Pan-Commonwealth Conference in London, England, with William F. Shija, Secretary General of the Commonwealth Parliamentary Association.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 7 Photo provided

Members of the CWP’s International Steering Committee meet at CPA headquarters in London.

• Build peaceful and effective open and accountable Session 7: The Role of Women in the Post-MDG Era institutions for all • Forge a new global partnership Kemi Ogunsanya, Advisor for Gender and Political • The gender agenda will consider the following: Development at the Commonwealth Secretariat, • Prevent and eliminate all forms of violence against provided an overview of the road map to making women and girls gender specific targets for the post-MDG era. This • End child marriage proposal included: • Ensure equal rights of women to own and inherit • Freedom from violence: prevention; adequate property, sign a contract, register a business and response; behavioural changes; security; support open a bank account services and justice • Eliminate discrimination against women in • Capabilities and resources: eradicate women’s political, economic, and public life poverty; promote decent work, education and skills; build women’s access to, and control of, CWP encourages: resources; reduce women’s burden; improve • A greater role for parliamentarians in the women’s and girls’ health; reduce maternal negotiations for the post-2015 era mortality; promote sustainable energy; and • Parliaments need to be more bold in demanding an provide access to water and sanitation account of what our governments are negotiating • Voice leadership and participation: promote for post-2015 equal decision-making in households, encourage • Greater coordination with other agencies such as participation in public institutions, foster women’s UN Women leadership in private sector and corporate boards and strengthen women’s collective action

8 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 The CWP agreed that: The CWP advocated to: • There is a lack of recognition of the importance of • Encourage that research be undertaken to evaluate Parliament as a development actor – aid agencies whether there is any correlation between girls prefer working with a country’s executive branch achieving greater results, and going on to further of government education, and attending mixed, or same-sex • Parliaments need to strengthen capacity, schools knowledge generation, and advocacy of MDGs • Promote the Commonwealth Business Council’s • Parliaments should play a critical role in developing women’s activities breakthrough strategies for MDGs in consultation Commonwealth Women Parliamentarians Moving with national stakeholders, and constituencies including civil society and private sectors Forward Session 8: The Gender Premium: Women in The Conference was followed by a meeting of Leadership Across the Commonwealth CWP-International, on which the Chair of CWP- Canada Region sits as one of 10 members. During Shaheena Jivrav, of the Commonwealth Business the meeting, a Draft Strategic Plan for 2014-2018 was Council, gave a presentation which acknowledged approved for circulation and discussion by all CWP that equal gender representation on the business jurisdictions. This CWP Strategic Plan will aim to serve boards have a direct correlation with superior as both a strategic communications and planning tool performance. Delegates discussed global consumer to enable CWP to act as a powerful agent for women spending by women which is totaling approximately parliamentarians in the CPA. $28 trillion, yet almost 40 per cent of companies still don’t have female directors on their boards. Strategies The Strategic Plan will provide a framework for CWP debated about how to shift this imbalance included to identify its achievements, strategically assess the education partnerships, sponsorship initiatives and challenges it encounters, build alliances, and undertake the development of databases of businesswomen. The actions across the CPA and beyond, in order to ensure Commonwealth Business Council set out its aims to that both men and women are involved in decision achieve this shift: to develop an advocacy strategy; to making in legislatures of the Commonwealth, and that work with governments and the private sector; and to women parliamentarians are supported in their work. strengthen policies to increase the number of women on sector and public boards.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 9 Is There a Confidence Convention in Consensus Government?

David M. Brock and Alan Cash

In the Northwest Territories’ consensus system, as in the party system, a government is appointed by the formal executive and members of the executive council are accountable to the House. However, the selection of executive council members in the two systems differs significantly and perhaps consequentially for the confidence convention in responsible government. In this article, born out of a debate between the authors sponsored by the Northwest Territories Regional Group of the Institute of Public Administration of Canada, David M. Brock and Alan Cash explore some of the factors to consider if and when the convention is put to the test in a consensus system. They conclude by noting that with recent changes to the Northwest Territories Act as well as emerging conventions regarding the removal of members of the Executive Council, one may now safely argue that the confidence convention could be applied in the Northwest Territories in a manner similar to the application found in party systems. However, the prerogative of the House, emphasized and codified in consensus government, limits the discretion of the first minister and mitigates the power of the executive.

onsensus government in the Northwest is based on the likelihood that that same party leader Territories is to be executed “in accordance with can command the sustained support of a majority the principles of responsible government and of members. However, complications with the C 1 executive accountability.” This does not necessarily confidence convention arise from determining what mean that all elements of responsible government are exactly constitutes a vote of confidence, whether a vote applied in the same manner as may be in the case in a of non-confidence truly signals an inability to govern party system. One area of potential uncertainty is the responsibly, and if a request to prorogue should be confidence convention. This convention holds that if granted. the executive no longer has the support of the majority In the northern system of consensus government, of members of the legislature, the government must where governments are formed and held to account either resign or request dissolution and a general differently, understanding the potential interpretation election. But, how might this work in the northern and application of the confidence convention can be system of consensus government? even more disorienting. In the consensus system, as The interpretation and application of the confidence in the party system, a government is appointed by convention in a Westminster party system is already the formal executive and members of the executive complicated. We know, generally speaking, the leader council are accountable to the House. However, of the political party with the most representatives the selection of executive council members differs in the legislature is usually called upon by the significantly and perhaps consequentially. In a party Crown’s representative to form a government. This system, the selection of ministers is the prerogative of the Crown acting on the advice of the first minister. In the consensus system, the selection of ministers, including the first minister, is the prerogative of the House. The manner by which the executive council David M. Brock recently completed a four-year appointment as is selected may therefore affect how – and whether – Chief Electoral Officer, Northwest Territories. Alan Cash is Deputy the executive council can be removed en masse, and, Secretary to the Cabinet, Government of the Northwest Territories.

10 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 most importantly, if the House can be dissolved and a when the Commissioner formally ceased being general election can be held before a fixed date.2 the active chairman of the executive council. Since that time, we in the Northwest Territories, as in all Recent changes to the federal Northwest Territories provinces and territories, have distinguished between Act further complicate the understanding of the the formal executive (the Commissioner) and the confidence convention in consensus government. active political executive (the Cabinet).4 The rights of the Commissioner enumerated in federal statute expanded in April 2014 to include new The Commissioner, although acting “in a manner powers of appointment and dissolution; the method similar in practice to that of a provincial Lieutenant of selecting who serves on the executive council, as Governor,” is still the representative of the responsible established by territorial statute, remains the same. federal minister.5 It is also notable that the statutory locution for the territorial legislature – the ‘Council’ – The confidence conundrum was the subject of is a term that endured from shortly after Confederation a recent discussion organized by the Northwest until this past spring, just three years shy of Canada’s Territories Regional Group of the Institute of Public sesquicentennial. Administration of Canada. We were asked to debate: be it resolved that there is truly a confidence convention Consensus government is the legislative system in consensus government. Neither that debate nor this used in both the Northwest Territories and Nunavut. paper will conclusively resolve the issue, and the views Characteristics common to consensus government expressed here are only those of two individuals and include: no registered political parties, a governing not an official position; but, in exploring this issue we policy mandate set by all elected members, a premier help draw out what factors possibly merit attention and cabinet elected by fellow members and serving when sorting through how Canadian conventions of in perpetual minority, no official opposition, a strong responsible government apply to the northern system role for legislative committees, and a predisposition of consensus government. for civil dialogue. Responsible Government Comes North, Again Territorial political culture, from the early days of settler government through contemporary times, Territorial governments in Canada are established has eschewed party organization. It is commonly by federal statute, rather than by constitutional held that the consensus system evolved in the North entrenchment. There is no Crown in right of the to reflect traditional decision-making structures Northwest Territories. However, over the past 50 in aboriginal communities. From an historical years, and especially over the past 15 years, all three perspective, this may be a dubious claim given that territorial governments have attained province-like northern governance structures were erected well powers and are generally understood to be self- before aboriginal residents were even eligible to vote. governing sub-national units. More recent scholarship challenges this revisionist Responsible government in the Northwest claim and asserts that northern institutional design Territories first emerged in the 19th century, following was motivated less by Ottawa’s cultural sensitivity the sale of lands by the Hudson’s Bay Company to and more by the federal government’s desire for the Dominion of Canada in 1869. It was then that a appointed officials to maintain control over executive Council of the Northwest Territories was established, decision-making ‘out west’ and ‘up-north’.6 That comprised of a mix of appointed and elected members. said, in contemporary territorial politics, one does Eventually this mixed composition ceded to a fully- see influences of Dene, Inuit, and Métis governance elected Council and system of responsible government customs. in 1897 under the guidance of the first premier of the Even with adaptations to the Westminster system, Northwest Territories, Frederick Haultain.3 modern territorial government is generally thought After the creation of Alberta and Saskatchewan to be responsible government. The executive is in 1905, responsible government in the Northwest drawn from a body of elected officials who advise an Territories lapsed: for nearly half a century, the appointed governor – in this case, the Commissioner territory was administered by bureaucrats in Ottawa; – who is bound by convention to follow advice. in 1951, the first representative was elected to serve However, unlike in the provinces, the Commissioner on the territorial Council; by 1960, there was an even is not bound to follow the advice of his first minister number of elected and appointed members; and, alone. The most recent letter of instruction from the finally, in 1975, all members of the territorial Council responsible federal minister to the Commissioner were elected. It was another 12 years hence, in 1987, makes clear the requisite sources of advice:

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 11 Courtesy of IPAC-NWT David M. Brock (left) and Alan Cash debate whether the confidence convention can be applied to consensus government in a session sponsored by the Northwest Territories Regional Group of the Institute of Public Administration of Canada.

Consistent with Canadian constitutional In a party system, ministers are appointed by the conventions, you will act by and with the Crown on recommendation of the first minister. advice of your Premier, Executive Council In short, a premier chooses his cabinet. Not so in and Legislative Assembly in all those matters relating to territorial policy, legislation and consensus government. The federal minister makes administrative decisions that fall within the clear in his letter of instruction that the making of competence of your office. There are only a few appointments should follow the advice of “the entity instances where your Premier alone has the authorized to make a recommendation.”9 In accordance 7 capacity to provide direction. with territorial law, the Premier is “chosen” by the What stands apart from Canadian constitutional Legislative Assembly and any additional member of convention is the numerous sources of advice rendered the executive council is to be “recommended” to the upon the Commissioner and the relatively limited Commissioner by the Legislative Assembly.10 This advisory role for the first minister. Those instances method of determining who comprises an executive where the ‘Premier alone has the capacity to provide council is examined below in more detail. direction’ are not comprehensively enumerated in 8 Although territorial premiers are not empowered letters of instruction nor in statute. to decide who will sit with them on the executive The territorial Commissioner has legitimate advisors council, premiers do hold the prerogative to assign, in both the executive and legislative branches. This or refuse to assign, ministerial portfolios to a member may not actually be as complex or exceptional as it first of the executive council, thus retaining at least one appears. In numerous respects, the advice rendered mechanism that is central to executive power in upon the Commissioner comes from expected quarters: Westminster government. the executive proposes and the legislature disposes. New Wine for an Old Vessel However, one area of significant difference – and one most germane to our examination of the confidence Successive letters of instruction from responsible convention – is how the Commissioner comes to know federal ministers to territorial commissioners have whom to appoint to the executive council. made clear that the role of the formal executive

12 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 should “continue to evolve in a manner consistent of the Executive Council, but the lawful removal of with, and supportive of, responsible government in a member of the executive council does not require the Northwest Territories.”11 This policy position was action by either the formal or the political executive.15 reflected in Parliament’s 2014 amendments to the These lines of accountability differ significantly from federal Northwest Territories Act.12 what one finds in the classical model of responsible government. Earlier this year, the federal government devolved greater responsibility for the administration of lands This arrangement might suggest a degree of and resources to the territorial government. At the incongruence: members of the Executive Council are same time, the Act was amended to alter some aspects appointed by the Commissioner, but cease being a of the machinery of member of that body government. These upon advising the changes may have direct Speaker. How can a relevance to whether or political entity hold not there is a confidence Successive letters of instruction from responsible the power to make an convention in consensus federal ministers to territorial commissioners appointment, but not government and, if so, have made clear that the role of the formal the power to revoke that how such a convention executive should “continue to evolve in a manner same appointment? This might be applied. consistent with, and supportive of, responsible type of arrangement may be more typical Two changes are government in the Northwest Territories.” than first perceived. By worthy of note. First, way of analogy, justices in accordance with the of the Supreme Court of amended section eight Canada are appointed of the Act, an executive by the Governor in Council, but may only be removed council with members appointed by the Commissioner by the Governor General on address of the Senate and is established. Previously, there was an executive, and House of Commons.16 The power of appointment and it was appointed by the Commissioner, but this was revocation does not always rest with the same entity. only recognized in territorial law; executive powers This appointment and removal process accentuates existed in federal statute only “so far as they [were] the elevated importance of the House in the consensus applicable to and capable of being exercised.”13 Second, system. in accordance with the amended Section 11 of the Act, it is the Commissioner who now grants dissolution. In thinking about the application of the confidence Previously, dissolution could only be granted by convention, it is important to disaggregate between the Governor in Council through a federal order- the executive council as a unit and the members who in-council. These two amendments expressly alter comprise the executive council as individuals. Under the power of the formal executive in the Northwest territorial law, members of the executive council Territories. “hold office during the pleasure of the Legislative Assembly.”17 It is not clear in law exactly how this Each of these two amendments and their relationship pleasure is revoked, but it can be. to the application of the confidence convention are now examined in turn. Under Canadian constitutional convention, if an individual minister has lost the confidence of Appointment and Removal the legislature, the honourable course would be The structure of government in the Northwest resignation. This does not always happen. But, Territories is such that members of the executive council whereas, in a party system, if a minister’s resignation are expressly appointed by the Commissioner. Yet, has been sought by, say, the opposition, the minister members of the executive council, following territorial might be defended by her party leader and stay on; in statute, are ‘chosen’ or ‘recommended,’ respectively, the consensus system, a minister whose resignation is by the Legislative Assembly, not the Premier. actively sought by a majority of legislators can simply Moreover, notice of resignation by a member of the be “taken out.”18 There are numerous examples in the executive council is to be conveyed to the Speaker, not history of consensus government where individual the Premier or Commissioner; and, in accordance with ministers have had their pleasure revoked by the territorial law, resignation is effective upon delivery of House. This, however, is the doctrine of ministerial such a notice.14 The Commissioner appoints members responsibility, not the confidence convention.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 13 Territorial legislators have never withdrawn the of legislative defeats over the years, most recently offices of a premier and all ministers simultaneously. since the early 1970s, without treating them as losses They have come close. Such an instance arose in 2009 of confidence.”21 following allegations of conflict-of-interest on the In either a party system or a consensus system, it part of then-Premier Floyd Roland. The House voted is less about winning or losing specific votes, and on a motion to formally revoke “the pleasure of the more about the ability of the executive to command a Assembly from the appointments of the Premier and all sustained majority in the legislature and thus continue Members of the Executive Council effective Monday, to govern. Consistent with this reasoning, the Federal February 9, 2009….” and to affect “that a Premier and Court of Canada found: “A government losing the Executive Council be chosen without delay and that confidence of the House of Commons is an event that the Commissioner be notified of the recommended does not have a strict appointments at the definition and often earliest opportunity.”19 requires the judgment The motion was of the [first minister].”22 defeated, but the The Federal Court of Canada found: “A In the consensus system, confidence convention government losing the confidence of the House it requires, not the was tested. of Commons is an event that does not have a judgment of the first This was the most basic strict definition and often requires the judgment minister, but rather the test of the confidence of the [first minister].” In the consensus system, judgment of the House. convention: a vote on an It is clear that the unambiguous motion it requires, not the judgment of the first minister, House has sufficient of non-confidence. but rather the judgment of the House. power to withdraw Even in the consensus its pleasure from the system, if such a motion previously appointed were carried, it would government, and advise compel the Commissioner to appoint new members the Commissioner on its choice of a new premier to the executive council, upon receipt of advice from and executive council. The more complex and the legislature, but would not necessarily result in a contested aspect of the confidence convention is early general election. dissolution. However, there is greater ambiguity about other Dissolution applications of the confidence convention. In sworn testimony, also in 2009, Tim Mercer, Clerk of the The Commissioner now holds the power to dissolve Legislative Assembly, stated: the Legislative Assembly and order the issue of the We’ve come fairly close to there being cases writs for a general election. Consistent with Canadian where some of the similar things that would constitutional convention and letters of instruction, a normally be considered an expression of loss Commissioner could only do so following the advice of confidence happened. For example, if the of the appropriate entity. minister of finance was to introduce a budget bill, and the budget bill was defeated, there is There is no evidence or logic to suggest that, in the a general understanding that that would be an consensus system, the first minister is the appropriate expression of loss of confidence. It’s never been entity to request dissolution. In previous election years, tested in our system. I think until such time that it has been tested and the House develops it has been the Speaker who has requested dissolution, conventions around that; there is uncertainty to the Governor in Council, following resolution by as to how the confidence convention would be the Legislative Assembly. It also then follows that exercised in our system of government.20 the prerogative to request dissolution does not rest It is important to parse these insightful comments. with either the Premier or the Speaker. This leaves The Clerk did not dismiss the existence of the the Legislative Assembly as the appropriate entity to convention, but simply expressed uncertainty about advise the Commissioner to dissolve the Assembly its application. One might then draw parallels with and order the Chief Electoral Officer to issue writs of instances in other Westminster legislatures where election for all districts. the government has lost votes, but not necessarily In order for dissolution to happen earlier than a confidence. Heard reminds us that governments in fixed date, the Legislative Assembly would have Canada and the United Kingdom “suffered a number to advise the Commissioner as such and do so

14 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 seemingly in contravention of its own legislation.23 There has been legitimate uncertainty as to whether This is perhaps not so far-fetched. The House of and how the confidence convention applies in the Commons and several provincial legislatures with northern system of consensus government. Absent fixed date elections have gone early to the polls.24 In clear autonomous powers to appoint members to the those governmental systems, despite the introduction Executive Council and dissolve the legislature, as was of fixed date elections, the powers of the Governor the case in the Northwest Territories before April 1, General and Lieutenant Governors, respectively, are 2014, it is understandable why the convention may unaltered, and explicitly preserve the discretion and have been deemed wholly inapplicable. power to dissolve the legislature.25 With recent changes to the Northwest Territories Act, Analogous language is found in territorial statute. as well as emerging conventions regarding the removal On the matter of an assembly’s duration, the relative of members of the Executive Council, one may now provision in the Legislative Assembly and Executive safely argue that the confidence convention could be Council Act begins conditionally: “Subject to the applied in the Northwest Territories in a manner similar power of the Commissioner to dissolve the Legislative to the application found in party systems. However, Assembly under subsection 11(1) of the Northwest the prerogative of the House, emphasized and codified Territories Act…” This, we argue, affords an assembly in consensus government, limits the discretion of the the right and the power to seek early dissolution. first minister and mitigates the power of the executive so routinely criticized in other legislatures in Canada. The power of dissolution is preserved for good reason. In the case of an ungovernable assembly, Notes where no government, however comprised, could 1 John Duncan. Letter from the Minister of Indian command sustained confidence and pass legislation, it Affairs and Northern Development to George Tuccaro, would be in the best interest of the people to go to the Commissioner, October 6, 2010 p. 1. polls. In the case of an assembly that ignored the fixed 2 The first general election held in the Northwest date and sat for longer than the maximum duration Territories in accordance with fixed date legislation was of an assembly, it would be in the best interest of the in October 2007. people for the Governor in Council to instruct the 3 Lewis Herbert Thomas. The Struggle for Responsible 26 Commissioner to use his power to dissolve. Government in the North-West Territories: 1870 – 1897, Toronto: University of Toronto Press, 1956. Whereas some may see the power of dissolution and its application as an abuse of executive authority 4 Mark O. Dickerson. Whose North? Political Change, over democratic process, preserving the power of the Political Development, and Self-Government in the Northwest Territories, Vancouver: UBC Press, 1992. formal executive to dissolve an assembly actually protects responsible government by ensuring that, 5 Duncan, op. cit., p. 2. under extraordinary circumstances, decisions about 6 Ailsa Henderson, Nunavut: Rethinking Political Culture, representation inevitably go back to the people. Vancouver: UBC Press, 2007, chapter 5; Jerald Sabin, “Contested Colonialism: Responsible Government and Conclusion Political Development in Yukon,” Canadian Journal of Political Science, forthcoming, 2014. The confidence convention is the foundation of responsible government.27 The evolution of 7 Duncan, op. cit., p. 1. responsible government in the Northwest Territories 8 This appears in keeping with Canadian traditions is reflected in changes over time to legislation, of responsible government (see: David E. Smith. The systems of representation, machinery of government, Invisible Crown: The First Principle of Canadian Government, jurisdiction, and procedure. Toronto: University of Toronto Press, 1991); although, more recently, some scholars have argued that these Even so, institutions require time to implement relationships should be codified (see: Peter Aucoin, et practical tests in order to better understand how al. Democratizing the Constitution: Reforming Responsible Government, Toronto: Emond Montgomery, 2011). generally accepted conventions are appropriately applied. The application of conventions is further 9 Duncan, op. cit., p. 2. complicated when there is also uncertainty elsewhere, 10 Legislative Assembly and Executive Council Act, SNWT as there is with the confidence convention, and when 1999, c.22, s.61(1) (hereafter, the ‘LAEC Act’). institutions of government are designed to reflect 11 Duncan, op. cit., p. 2. Letters of instruction to previous cultures both foreign and indigenous, as is the case in Commissioners convey the same message. the Northwest Territories. 12 Northwest Territories Act, SC 2014, c. 2.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 15 13 Northwest Territories Act, RSC 1985, c. N-27, s. 6. 22 Conacher v. Canada (Prime Minister), 2009 FC 920, [2010] 3 F.C.R. 411, at 59; also see Donald Desserud. 14 It is interesting that prior to 2011 there was no provision “The Confidence Convention under the Canadian for a member to resign; see, SNWT 2011, c.11, which Parliamentary System,” Parliamentary Perspectives #7, came into force on October 3, 2011 (polling day for the Canadian Study of Parliament Group, 2006, pp. 13 – 14. general election). 23 Fixed-date elections are established by LAEC Act, op. 15 However, government records indicate that in 2001 cit., s. 3, and Elections and Plebiscites Act, SNWT 2006, c. (Groenewegen) and 2008 (Yakeleya), the Commissioner 15, s. 39(5). did issue an order of revocation acting on the advice of the Legislative Assembly and referencing the LAEC Act. 24 For example, the federal general election in 2011 was held prior to a fixed date; and several provincial 16 Supreme Court Act, RSC 1985, c. S-26, ss. 4(2) & 9. legislatures, during periods of minority government, 17 LAEC Act, op cit., s. 61(2). have held general elections before a fixed date. 18 Graham White. Cabinets and First Ministers, Vancouver: 25 Conacher v. Canada (Prime Minister), 2010 FCA 131, [2011] UBC Press, 2005, p. 61. 4 F.C.R. 22. 19 Jane Groenewegen, MLA (Hay River South). Motion 26 The concept of a rogue legislature is raised in: Doug 8-16(3): Revocation of Appointments of the Premier Stolz. “Fixed Date Elections, Parliamentary Dissolutions and Executive Council, Legislative Assembly of the and the Court,” Canadian Parliamentary Review, 33:1, Northwest Territories. 2010, pp. 15-20. 20 Ted Hughes. Disposition Report of Sole Adjudicator, TB 35- 27 Heard, op. cit., at 68; Eugene Forsey. “The Question of 16(4), October 30, 2009, p. 10. Confidence in Responsible Government,” in Christian Leuprecht and Peter H. Russell (eds.), Essential Readings 21 Andrew Heard. Canadian Constitutional Conventions: The in Canadian Constitutional Politics. Toronto: University of Marriage of Law and Politics, Toronto: Oxford University Toronto Press, 2011, p. 33. Press, 1991, p. 69.

16 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 Executive Decision-Making: Challenges, Strategies, and Resources

Adam Moscoe

Executive branches of government are exercising increased control over decision-making, using a wide range of strategies to develop policy preferences and oversee their implementation. Canada, for instance, has seen a steady presidentialization of its parliamentary system, characterized by a heightened centralization of decision-making in the Prime Minister’s Office. The first part of this paper identifies a number of the cognitive biases that impede sound decision-making by the executive and examines two demanding, yet effective, strategies – multiple advocacy and the use of honest brokers – for mitigating subsequent distortions. The second part of the paper discusses challenges to effective policy implementation in light of the systematic disconnections between the executive and the public service. Finally, the merits of political patronage appointments as a means of mitigating these challenges are discussed.

xecutive branches of government are exercising decision-making biases, particularly with respect to increased control over decision-making, using the implementation of executive decisions, and will Ea wide range of strategies to develop policy enumerate potential strategies for resolving these preferences and oversee their implementation. Canada, challenges. for instance, has seen a steady presidentialization Cognitive Biases Impeding Sound Decision-making of its parliamentary system, characterized by a by the Executive heightened centralization of decision-making in the Prime Minister’s Office (PMO).1 In a democracy, When complex policy decisions are made by decisions are not made in a vacuum, and the individuals, regardless of the strength of their executive must work to overcome numerous political mandate from the electorate, biases are likely to and institutional challenges in order for decisions to cloud deliberations and impede logical reasoning. be fully and properly implemented. As decisions are Biases are defined as “cognitive and motivational increasingly attributed to a single elected official, it phenomena that lead individuals to systematically is more important than ever to identify, and develop make sub-optimal decisions in terms of their ways to mitigate, the cognitive biases and distortions experienced utility.”2 The implications of these sub- that are likely to influence heads of governments by optimal decisions can be grave, particularly when the sheer virtue of their human fallibility. Absent some domestic agenda is filled, as it typically is, with issues form of intentional intervention, democratic systems of critical importance to the lives of citizens, such as do not naturally allow for the exact implementation health, security, and environmental protection. of executive decisions due to communication In addition, the biases that affect a decision-maker are breakdowns – familiar to anyone who has ever not just internally determined, but are also influenced played a game of ‘telephone’ – and indirect reporting by multiple stakeholders, who work simultaneously structures between elected officials and bureaucrats. to advance their own interests. Decision-makers This paper will address the challenges presented by must negotiate these often competing agendas. They cannot make a decision that reflects some aggregate or average calculation of these interests, but rather they Adam Moscoe is an M.A. candidate in Public and International “must make distributional judgments that promote Affairs at the University of Ottawa. He can be reached at some people’s welfare at the expense of others.”3 [email protected] or on Twitter @AdamMoscoe.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 17 Moreover, unlike weather reporters who make inaction due to the immediate costs associated repetitive predictions and receive timely feedback with the contrary.Here the decision-maker on their precision and reliability, policy-makers must neglects considerations of “future benefits or the future costs of inaction.”11 The question is how constantly make new decisions in an environment of much long-term visioning the decision-maker incomplete information and inconsistent feedback, and his or her political clock can bear with respect qualitatively and quantitatively speaking.4 Decision- to a given policy issue. making occurs on multiple cognitive planes, ranging • The fifth distortion is of a social rather from a reliance on “intuitive, unconscious, automatic, than cognitive nature. Commonly termed fast” decision-making to a full engagement of “groupthink,” it is characterized by a “group’s premature convergence around a course of action analytic, conscious, and relatively slow decision- without adequate analysis…a disorder of highly making.5 The latter system requires a set of skills, such cohesive groups, exacerbated by ideological as statistical analysis, that many decision-makers homogeneity, authoritarian leadership, and lack. Cabinet ministers may have at their disposal insulation from outside influences.”12 Groupthink statistics experts within the public service, but when is a growing concern in the context of such phenomena as the presidentialization of the these experts deliver conflicting, yet, equally valid parliamentary system, a system wherein the recommendations, the leader is ill-equipped to decide prime minister’s closest advisors are those most which recommendation to endorse. loyal to – and most likely to express agreement with – their leader. As a result, many leaders resort to intuitive decision-making. This leaves them vulnerable to the Combating Decision-making Biases Through following distortions: Multiple Advocacy and Honest Brokers • First, the affect heuristic applies when “judgments Unless measures are taken to mitigate their effects, of risk are often based more on intuition than on these five distortions may cause leaders to endorse 6 dispassionate analysis.” President George W. a policy that is attractive in the short run, but that Bush, for instance, referred to himself as a “gut player” who follows his instincts in making fails to consider alternatives which may more decisions.7 adequately meet the needs of various stakeholders • Second, leaders may be unwilling to consider in the long run. A plethora of solutions are available divergent opinions or options due to a to address these fallibilities and guide policy-makers combination of the following proclivities: (a) towards more rigorous forms of analysis to make overconfidence; (b) motivated skepticism – the their recommendations. In order to overcome initial tendency not to criticize arguments that support one’s existing beliefs; (c) the “gravitational force barriers, decision-makers and their loyalists must of prior commitments” made to allies, interest engage in an open dialogue surrounding “their factual groups, and the like; and (d) the confirmation bias assumptions and the complexity of their values.”13 – the tendency to seek information that reaffirms Only then is it possible to make decisions using 8 one’s beliefs or justifies their preferences. “debiasing” strategies that replace intuition with • Third, leaders may make sub-optimal decisions rational analysis. The strategy of multiple advocacy when presented with too many options. Having too few options can produce similarly poor most effectively mitigates the five fallibilities, and results. A careful balance is thus required between the use of honest brokers is one way to manage the too many and too few options.9 In addition, these resulting deluge of conflicting information. A system options must be feasible, and must not be the sort of multiple advocacy is designed such that advisers of options that a leader would likely dismiss at to decision-makers representing different points first glance due to potential political quagmires or difficulties in ‘selling’ the policy to constituents of view, or advocating different policy options, in the public sphere. When the United States are given fairly equal opportunities to make their military presented President Barack Obama with recommendations. As Mel Cappe, former Clerk of the a set of options with respect to the proposed troop Privy Council, suggests, the best source for this range surge in Afghanistan, he responded: “You guys of ideas is the public service, which not only produces just presented me four options, two of which are not realistic…That’s not good enough…You have ideas, but also filters ideas emanating from the private essentially given me one option.”10 sector, civil society, and the international arena. The • Fourth, present bias, is the tendency to challenge is to compel the executive to be “demanders make decisions based solely on short-term of ideas” in an increasingly centralized system.14 considerations. These decisions are often related After all, lending an ear to multiple advocates does to election cycles, the semi-regular periods not require decision-makers to thoughtfully consider wherein all leaders in democratic societies are held accountable for the decisions made during each alternative presented. their term. A related tendency is to opt for Multiple advocacy effectively integrates several

18 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 Owen Egan Owen

Mel Cappe (left), pictured here with former Prime Minister Joe Clark at the McGill Institute for the Study of Canada’s event “Public Policy in Crisis?”, suggests the public service is best placed to provide executive decision-makers with a range of policy options and to filter ideas emanating from the private sector, civil society and the international arena.

debiasing strategies, including “awareness of biases; consensus, and by approaching advisors individually knowledge of probability, statistics, and empirical to solicit their independent opinions in confidence.18 methods; [and] formal procedures that require Eisenhower recognized that even if his staff spoke considering opposite viewpoints and justifying freely, they would not present the full range of one’s conclusion.”15 With multiple advocacy, it is not alternatives due to their ideological synchronicity. As sufficient for a decision-maker to be presented with such, he encouraged debate between “all of the people a set of alternatives. Rather, the executive must be who have partial and definable responsibility” in “consciously structured so that the representatives relation to the subject of the decision.19 Such debates of different alternatives [possess] similar intellectual would often play out in front of the president, a and bureaucratic resources.”16 practice continued by Obama. For example, in deciding whether to try alleged terrorists in civilian Yet, the systems that currently develop and funnel courts, Obama observed a debate between his advisors policy advice in the U.S. and Canada do not meet and the attorney general and his Justice Department the above requirement, since Cabinet secretaries staff.20 In that case, the politically sensitive advisors and White House staff do not have equal access to were victorious over their legally-bound colleagues. the president, just as deputy ministers and PMO staff do not have equal access to the prime minister. Multiple opinions are to be given equal Furthermore, there are hierarchies within the consideration, but eventually the executive will executive staff, and the chief of staff does not typically engage in reason-based and value-based decision present to the leader dissenting views from among his making, giving weights to the interests at stake, and employees. According to Ralph Heintzman, a former selecting the option that optimizes these values.21 In Assistant Secretary to Cabinet, the same may be said a demonstration of how multiple advocacy succeeds of the Clerk of the Privy Council, whose briefings to as a debiasing strategy consistent with analytic and the prime minister are rarely balanced displays of conscious decision-making, it is helpful to contrast impartiality and do not typically encompass the full Obama’s approach to decision-making with that of range of views expressed by leaders and advisors Bush, who, as noted above, relied on his “gut.” In the throughout the public service.17 Bush White House, a small number of like-minded individuals, loyal to the president, considered a Presidents Barack Obama and Dwight Eisenhower narrow range of alternatives, leading to rampant are unique in demanding multiple advocacy groupthink.22 It is important to emphasize that in spite and resisted groupthink by encouraging “devil’s of the utility of multiple advocacy with respect to wise advocates” to voice their opposition to an emerging decision-making, it represents a significant shift for

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 19 executive offices, where political staff are accustomed issues that engage multiple parts of government.26 In – “through the selective release and withholding of Canada, one could argue that the top advisors in the information” – to controlling the options that are Privy Council Office – that is, those not competing for presented to elected officials and to the public.23 the top job as Clerk – would be best suited to serve as the prime minister’s honest brokers, since they are Since multiple advocacy is time-intensive and can senior, non-partisan public servants with experience produce an overwhelming amount of conflicting in, and the ability to influence the work of, multiple information, some executives utilize honest brokers to government departments. sustain this approach to decision-making. An honest broker ensures that not only is a comprehensive range In sum, the social and cognitive distortions of options presented to his superior, but also that and biases to which humans are generally subject advisors have an equal degree of power and resources present significant challenges in a system wherein with respect to articulating their perspectives. the political executive has increasing control over Honest brokers do not act purely as liaisons between decision-making. Multiple advocacy, with optional government departments and the executive – as do support provided by honest brokers, represents the Deputy Ministers in the Canadian public service – but best strategy for overcoming these fallibilities. rather they “promote a genuine competition of ideas, From Decision-making to Policy Implementation: identifying viewpoints not adequately represented Broken Telephone or that require qualification…and augmenting the resources of one side or the other so that a balanced Once a policy decision has been made, a leader presentation results” and so that advisors have faces the challenge of ensuring his decision will be confidence their views will reach the executive, even implemented by the public service. Though the if the political staff finds them less than palatable.24 public service is mandated to carry out the will of the executive, there is generally a significant schism Interestingly, Obama has chosen not to engage between the political arena – the PMO and the honest brokers, instead investing personal time and ministers’ offices it directs energy in assessing – and the permanent, divergent opinions.25 non-partisan public Intensive involvement service staffed by civil by the leader will servants who often bring about the best Eisenhower recognized that even if his staff remain in their capacities results when using spoke freely, they would not present the full regardless of the political multiple advocacy, but range of alternatives due to their ideological party in power. This it requires the leader synchronicity. As such, he encouraged debate results in varying degrees to develop a detailed between “all of the people who have partial of distance between understanding of policy-making and policy policy debates and to and definable responsibility” in relation to the implementation – from invest considerable subject of the decision. frontline immigration time, thereby officers exercising decreasing his surprisingly bold availability for other discretion at the border,27 tasks relevant to the to Crown corporation employees functioning without leader’s mandate, not to mention the never-ending the direct oversight of the executive. pursuit of reelection. Obama’s deep involvement contrasts with Bush’s approach, which saw Vice Leaders are therefore under pressure to ensure that President Dick Cheney – a powerful advocate, rather the ‘wish lists’ of individual government departments than an honest broker – steer policy-making. do not inhibit sufficient implementation of executive decisions that affect multiple departments.28 The An important question is whether it is possible to prime minister and the appropriate cabinet ministers find a truly honest broker, someone whose personal can articulate their government’s positions on agendas or loyalties will not skew decision-making. international trade priorities or the monitoring of Chiefs of Staff are too concerned with loyalty and telecommunications metadata by the Canadian patronage, while Cabinet secretaries are too focused Security Intelligence Service; however, the executive is on advocating for their own line departments, and they unable to supervise the precise implementation of its rarely offer the cross-cutting advice needed to resolve policy directions. Leaders of governments throughout

20 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 the world address this implementation challenge by the executive; therefore, decision-makers have appointing individuals to certain positions in the an interest in controlling the degree of discretion public service, often on the basis of their historic that can be exercised by civil servants. Four factors loyalty to the governing party. Political appointments influence the degree of discretion utilized during – made through the Governor in Council in Canada policy implementation, including a lack of clarity – are a critical element of democratic systems and in policy directions, the need for flexibility to deal they are the “main patronage powers available to the with unique situations, a lack of monitoring leading prime minister.”29 These appointments often serve policy-makers to be unaware of how a previously- as a reward for years of partisan involvement, and authorized policy or program is being implemented, therefore they attract talented individuals to become and a lack of direct control by policy-makers of policy involved in the growth and professionalization of implementers.33 The political appointments process political parties, to the benefit of healthy democratic arguably addresses all of these concerns. development.30 However, patronage appointments Research in the U.S. attributes the need for political are rarely without challenges of their own, especially appointments – and an increasingly sophisticated when experienced public servants – subject matter process for their coordination – to the fact that voters experts and those possessing technical expertise hold presidents accountable for the performance of in everything from tracking terrorist financing to the entire government.34 Increases in the number administering biodiversity protection programs – of appointments tend to occur when an incoming find themselves reporting to new leaders who may government distrusts the public service and sees it lack familiarity with the policy issues or whose “as a potential impediment to the implementation management styles or ideological orientations, may of its agenda.”35 Political appointees can impose be vastly different from those who previously held changes that affect how career civil servants function, these positions. distancing government agencies from the status quo In examining the use of patronage appointments of a previous government. However, executives do by the executive to gain control over policy not have an unfettered ability to increase the number implementation, the benefits and drawbacks of this of political appointments. Rather, this ability is strategy become more clear. Due to editorial space stronger when legislators are unified – that is, when limitations, the internal dynamics within executive there is consensus between the executive and the and ministerial offices, as well as the relationship legislature regarding how agencies should perform.36 between political staff and political appointees in the Researchers are divided with respect to whether public service, will not be examined. U.S. presidents tend to appoint loyalists to the The norms underpinning political appointments government agencies most ideologically dissimilar processes in democratic societies vary widely. In from the president, or rather to those most aligned Canada, during the 50 years following Confederation, with the president’s priorities.37 Either way, political incoming governments would commonly dismiss appointees improve the implementation of executive the majority of public servants hired by the previous decisions and give leaders “an important source of government, and would offer these positions “to leverage in the political system,” allowing them to their own relatives, friends, and supporters.”31 While maintain partisan unity and attract the support of key innovations like the Public Service Commission have constituencies and interest groups.38 overseen the establishment of a merit-based process for However, there are disadvantages associated hiring the majority of public servants, there remains a with a reliance on political appointees to ensure the cadre of senior public servants, as well as the heads of implementation of executive decisions. First, they Crown corporations and regulatory agencies, whose conflict with the third – and sometimes the second – of appointment remains the government’s prerogative. the fundamental principles underpinning the public Patronage gives democratically elected decision- service: loyalty, competence, political impartiality makers greater confidence that executive decisions and independence.39 Furthermore, an influx of made in the fulfillment of their mandate will be political appointees serving for short terms inhibits properly implemented. Leaders have a right to the professionalization of the public service and ensure that public institutions are managed by hinders long-term efficiency.40 Political appointees competent individuals ideologically aligned with the are also increasingly scrutinized by the public, and elected government.32 It is unlikely that a government this causes disruptions to policy implementation. department will exactly mirror the mindset of

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 21 The most important disadvantage of patronage is Notes the trade-off decision-makers face between agency 1 Peter Aucoin, Mark D. Jarvis, and Lori Turnbull, performance and control over policy outputs. There Democratizing the Constitution. Emond Montgomery: is a negative correlation between agency performance Toronto, 2011, p. 126. and increases in political appointees, and this is likely 2 Paul Brest, “Quis custodiet ipsos custodes? Debiasing the main reason why most government employees the Policy Makers Themselves,” in Eldar Shafir, (ed.), are not political appointees.41 The Behavioral Foundations of Public Policy. Princeton University Press: New Jersey, 2013, pp. 481-493. Even if an appointee is fully aligned with the executive’s view, he or she may lack the competence 3 Ibid. p. 483. to oversee policy implementation “in a complex 4 Ibid. p. 485. 42 management environment.” Appointees may, 5 Ibid. p. 483. for instance, lack public management skills and the experience needed to engage in long-term 6 Ibid. p. 486. planning while maintaining professional service 7 James P. Pfiffner, “Decision Making in the Obama White and operational standards.43 Even if they are well- House,” Presidential Studies Quarterly 41:2, 2011, p. 249. educated and have amassed significant experience 8 Brest, p. 487. in the private sector, the aforementioned deficiencies 9 Ibid. p. 489. will often prevent the successful implementation of executive decisions, which, as has been discussed, is 10 Pfiffner, p. 258. the primary motivation for political appointments in 11 Brest, p. 489. the first place. 12 Ibid. p. 490. Fortunately for leaders, the increasingly educated 13 Ibid. p. 487. and experienced workforce in places like Canada and the U.S. makes it easier to find loyal partisans 14 Mel Cappe, Guest Lecture: Democratic Governance and 44 Public Management, Graduate School of Public and qualified to lead government agencies. Nevertheless, International Affairs, University of Ottawa, Ottawa, one reason why Canada, compared to the U.S., has Ontario, October 21, 2013. a smaller ratio of political appointees to career civil 15 Brest, p. 491. servants is “the difficulty of the work, coupled with a relatively poor compensation package.”45 Research 16 Pfiffner, p. 246. is beginning to shed light on appointment practices, 17 Ralph Heintzman, “Renewal of the Federal Public yet much of this research is American-centric and Service: Toward a Charter of Public Service,” Canada also does not explain the circumstances in which 2020, 2014, p. 9. certain factors guide specific appointments. After all, 18 Pfiffner, p. 254. it is probably impossible for an appointee to be at the 19 Ibid. p. 246. same time “loyal, competent, politically connected, representative of geographic and demographic 20 Ibid. p. 249. diversity, and satisfying to important presidential 21 Brest, p. 491. constituencies.”46 22 Pfiffner, p. 259. Some qualities will certainly triumph over others, 23 Eoin O’Malley, “Setting Choices, Controlling Outcomes: depending on political factors and the relationship The Operation of Prime Ministerial Influence and between the executive and the government agency the UK’s Decision to Invade Iraq,” British Journal of in question. Moreover, how leaders choose to define Politics and International Relations 9, 2007, p. 15. competence and how they might weigh political 24 Pfiffner, p. 247. experience against relevant experience in public 25 Ibid. p. 244. management remain unanswered questions. 26 Ibid. The appointment of political loyalists to government agencies is a time-honoured and often very effective 27 Geneviève Bouchard and Barbara Wake Carroll, “Policy-making and administrative discretion: The strategy for ensuring executive decisions are case of immigration in Canada,” Canadian Public implemented as intended. Patronage may, however, Administration 45, 2002, p. 240. significantly weaken government performance, and 28 Pfiffner, p. 252. thus decision-makers must strike an appropriate balance between ideological affinity and competence. 29 Aucoin, p. 139.

22 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 30 Lecture: Democratic Governance and Public 36 Lewis, p. 50. Management, Graduate School of Public and International Affairs, University of Ottawa, Ottawa, 37 Ibid. Ontario, October 28, 2013. 38 Ibid. p. 56. 31 David Johnson, Thinking Government: Public 39 Lecture, Ottawa. October 28, 2013. Administration and Politics in Canada, 3rd edition. Toronto: University of Toronto Press, 2011, p. 338. 40 Johnson, p. 339. 32 Ibid. p. 345. 41 Lewis, p. 50. 33 Bouchard and Carroll, p. 243. 42 Ibid. p. 55. 34 David E. Lewis, “Presidential Appointments and 43 Ibid. p. 59. Personnel,” Annual Review of Political Science 14, 2011, 44 Johnson, p. 345. p 49. 45 Juillet and Ramus, p. 127. 35 Luc Juillet and Ken Rasmussen, Defending a Contested Ideal: Merit and the Public Service Commission, 1908-2008, 46 Lewis, p. 57. University of Ottawa Press: Ottawa, 2008, p. 125.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 23 “Tremendous Assets”: Co-op students at the Legislative Assembly of Ontario

Susanne Hynes

Canadian legislatures provide paid employment for students in a variety of programs that benefit both students and legislatures. Hired as pages, interns, tour guides, summer staff, and in co-op programs, students assist regular staff in providing services to Members, other legislative staff, and the public. Through these programs young people earn money to help finance their education while learning first-hand about the institution at the heart of democratic government in their jurisdiction. This paper looks briefly at co-op programs in selected jurisdictions across the country and explores the Legislative Learner program in Ontario in some depth.1

Co-op Programs in Canada programs. For the past five years Newfoundland and urrently six Canadian jurisdictions provide Labrador has worked with Memorial University’s positions for co-op students: British Columbia, Department of Political Science to host one co-op New Brunswick, Newfoundland and Labrador, student per year who works in Communications/ C Policy Development with the House of Assembly or in Ontario, Prince Edward Island, and the Parliament of Canada. They provide opportunities for undergraduate the Legislative Library for a three-month term. students from accredited universities to work full-time Since 2008, two third- or fourth-year students in in offices such as the Clerk’s, Human Resources, or Prince Edward Island, usually majoring in political the Legislative Library. Placements usually last four science or history, are recruited by the University of months, reflecting university semesters, and occur Prince Edward Island for placement at the Legislative whether the respective Legislatures are in session or Assembly. Students work as members of the not. Co-ops provide full-time work that is conducted Assembly’s permanent staff performing various tasks in concert with permanent staff and also earns co-op and assuming job duties as assigned. The bulk of their credits at universities. While there are many shared work, however, is responding to research requests features there are some notable differences in the from internal staff, MLAs, or listservs. During their programs offered. placement, students are usually required to complete The Senate of Canada offers both co-op and a larger, independent research project that relates to page programs to full-time students in accredited legislative precedent, history, or celebrations. institutions and the Library of Parliament hires co- Ontario’s Legislative Learner Program op students from university library and information science programs for four-month work terms. For the past 40 years, the Legislative Assembly of Ontario has forged a strong relationship with the New Brunswick has periodically employed students University of Waterloo’s co-op program. Known as from universities under their co-operative education Legislative Learners since 2003, these students work one term in an Assembly Office and another in an MPP or caucus office during their time at Queen’s Park. They Susanne Hynes is the Research and Publications Librarian at the learn about the offices and functions of the Assembly Legislative Library and Research Services branch of the Legislative and the legislative process as important events of the Assembly of Ontario She has supervised, and mentored, Legislative day unfold. Learners for the past five years.

24 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 Nokomis O’Brien

Joel Le Forestier, Jacqueline Pitre and Nolan Wilson completed their first term as Legislative Learners in various Assembly offices in April, 2014. They return in September to work with an MPP or caucus office.

The Legislative Learner program has been very The Legislative Learner Program, which is advertised successful for both the Legislative Assembly of Ontario on Waterloo University’s Job Mine website in early and participating students. Bright and enthusiastic, autumn, generally receives about 150 applications these students have brought fresh skills to the work for what are considered to be plum placements for of the Assembly. In turn, they have had a unique humanities students. experience participating in the drama and the routine Waterloo University’s undergraduate co-op program, of offices that support the work of Ontario’s legislators the largest of its kind in the world, involves more than and in the intensely political process of an MPP or 5,000 employers and 17,300 students. The program is caucus office. highly organized and administered from a purpose-built Selecting the Students facility that houses co-op staff and provides excellent interview and waiting rooms. An electronic system A rigorous recruitment process selects students on tracks interviews and provides alerts for students and the basis of excellent academic records, outstanding interviewers. A team of Assembly staff from Human commitment to extra-curricular activities, and their Resources and the three hiring branches review resumes interest in the issues that animate Ontario politics and and interview 10 to 12 students. Although interviews politicians. They are expected to be fast learners and are offered to third-year humanities students with high good writers, be very articulate, have an excellent work academic achievement who have completed earlier co- ethic, be able to work well with other people, show op placements, exceptional second-year students have good judgment, and be knowledgeable about Ontario. also been interviewed—and hired. Students who have affiliations with political parties are not eligible for this program.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 25 The interviews, which are held at the University researching issues, and accompanying their MPP to of Waterloo in October, follow a set procedure. All scrums. In more than one case, MPPs have shown students are asked to attend a session where they their appreciation in the House, describing their co-op are briefed about the kind of work they will be doing students as “tremendous assets” and thanking them in their placements. In recent years, the winter term for “excellent work” and doing “a fantastic job.” placements have been in Procedural Services, the History of the Legislative Learner Program Legislative Research Service, and the Parliamentary Protocol and Public Relations Branch; fall term The Waterloo University/Legislative Assembly of placements have been in a Member’s or a caucus office. Ontario co-op program began in the 1970s shortly Scripted questions focus the half-hour interviews after the Office of the Legislative Assembly was that follow and each applicant is asked to indicate a formed. In its early days students worked for three or preferred office. four terms in Assembly Offices. Co-op students were less integrated into Assembly work and much of their The offer of three positions (and their acceptance) time was spent on their own research. They rotated occurs by early November. more frequently and also spent time working in the Working at Queen’s Park Ontario Elections Commission and other offices. Legislative Learners begin their first term in January In the late 1980s it was decided that the second term in an Assembly Office placement. They swear the at the Legislature would be in a caucus or MPP office. same oath of confidentiality as other Assembly staff Students requested the change because they felt that because they will be providing information services their experience in the Legislature would be enhanced to MPPs and their staff. Most are quickly assimilated by participating in the political environment. into their respective offices and learn that in a fast- In 1996, the program ceased because of budget paced environment their work has to be accurate and constraints. It was reinstated in 2002-03. on point. Students travel with committees, attend meetings, and are expected to observe in the House. Legislative Learner Alumni Special projects have involved creating databases, During the preparation of this paper, several former writing papers, arranging events, contacting people in Legislative Learners, among them lawyers, civil other Canadian legislatures or governments, helping servants, the Deputy Clerk of the Legislative Assembly to schedule witnesses, or posting information to the of Ontario, the Poet Laureate of the City of Toronto, and Assembly’s intranet site. the CEO of a large Ontario healthcare organization, Legislative Learners learn the importance of were asked what their time at the Assembly had meant keeping up with political news and are taught the to them. They indicated that the program had given importance of being non-partisan in the highly political them a sense of empowerment, built their confidence, environment of the Legislative Assembly. They are provided them with unique skills and insights and, as also encouraged to participate in tours, lectures, and a result, it had been a major influence on their careers. other Assembly programs such as the Assembly’s A selection of their comments below, in chronological Mentorship Program and lunchtime French classes; in order, speaks volumes: short, they are to learn as much as possible about the 1981-82 functions and people of the Assembly and its issues. Their university also requires them to write a paper I remember that I did a lot of running around about their placement. When the term finishes at the Queen’s Park. I remember the excitement of Budget end of April, it is followed by a University of Waterloo Day, and how pleased I was to have my very own study term. copy. I remember that sidewalk vendors were unhappy with some tax provisions, and there was a Students return to Queen’s Park in September to noisy, horn-honking demonstration of their vehicles work in MPP or caucus offices. What they learned the circling the legislature. I did enjoy working in the previous winter provides a good grounding for what Provincial Parliament itself—and running into Roy is often an intense deadline-driven four months. This McMurtry, Susan Fish, Bob Rae, Bill Davis (himself), term puts them in a highly partisan environment where etc., as I made my way around the back stairwells of the they learn about the give and take in a political office. building or handed out papers in Committee rooms. They work directly with MPPs and perform a range The experience affected my career path decisively. of duties that include making deliveries, attending political briefings, writing press releases or statements,

26 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 1981-83 2007-08 As for memories—the day I learned I had been I was immediately impressed by how many MPPs selected as a Legislative Learner was definitely one were lawyers by training, and this probably helped of the best of my life. Among the political science put the law on my radar as a career option. Working students at University of Waterloo, being selected to at the legislature helped give me a sort of bedrock work at the Legislative Assembly was the very hottest familiarity with the structure of this province’s ticket of all the available co-op placements. To be one legislation, which was undoubtedly an advantage of the three who got in was amazing to me. when I began attending law school. 1984-86 2008-09 Working at the Legislative Assembly was a fork I was able to talk one-on-one with MPPs from all in the road for me; a huge skill- and confidence- parties during the long bus rides we took, which building experience. I wrote papers on filibusters provided me with a wealth of information about and on voting initiatives. In the Clerk’s Office my job political processes as well as insight into the day-to- included posting the Order Paper and Notices and I day life of an MPP. Deadlines are usually in terms of was available to do research as requested. I was urged hours and minutes; long-term projects are a couple of to attend in the House and felt very much a part of the days, at most, with most other matters having to be office. Later I worked in the Liberal Members Service resolved in a few hours and the most pressing ones in Bureau where I answered letters and wrote members’ minutes. statements. I would never have considered a career in 2010 the government if I hadn’t been at Queen’s Park as a student. I learned what government is all about; the I had never been to Queen’s Park before, so I difference between the government and the political remember sitting in on my first Question Period, process. taking in the ornate details of the Chamber, and getting to see the politicians in action. A few months 1985-86 later, I got to participate in a Model Parliament, and It was very exciting to feel a part of the operations of actually got to sit in those green chairs and participate the Legislative Assembly. A fairly formal and historic in my own Question Period! I credit my position as building became quite familiar to us. At the same time a Legislative Learner as the first step in my career. I that the experience demystified such a monolithic worked with wonderful people who encouraged me institution, it also engendered a different kind of to take in all these new experiences, and shared their respect for the Assembly’s operations because of an knowledge of the political process, the Legislature astute awareness of the various steps and the detailed and all of its history. work by so many people behind the scenes, especially 2014 people passionate about their work and committed to the important functioning of the legislature. During my time with Procedural Services I have had amazing opportunities to become acquainted 2007-08 with the legislative process. It has been an incredible When I was working with the Legislative Research learning experience that I’m sure I will take with me Service, my work was acknowledged by the late MPP going forward into the rest of my academic career and Peter Kormos, and my name appears in Hansard as a further into my professional life. result. The time I spent with the NDP Caucus was full Notes of action. Each morning I was included in the morning strategy meetings, which included MPPs and staff. I 1. Many people connected with the Ontario program was often among reporters in the media scrum that were contacted in the preparation of this paper, including former and current Legislative Learners; followed Question Period each day. Human Resources staff; the program co-ordinator at the University of Waterloo; and several people who supervised or mentored students. Information was also received from other Canadian Legislatures through the APLIC listserv.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 27 Same But Different: The 2013 Liberal Intra-Party Transition in Ontario

Connor Bays

Kathleen Wynne’s ascension to the head of the Ontario Liberal party in January, 2013 automatically made her the province’s newest premier. Although the Liberals’ status as governing party remained unchanged, her victory necessitated the planning and execution of a transfer of power from old party leadership to new. Scholarly studies of transition in Canada and Ontario have generally focused on instances where one party takes power from another. This paper examines the Wynne transition and traces how its intra-party characteristics shaped its features and evolution. It is based on research conducted between February and May 2013 and primarily reflects 15 not-for‐attribution interviews with public servants and political figures.

avid Lindsay, one of the architects of Premier collaborative style and approach early in the transition Mike Harris’ widely praised transition to was important for reinforcing this differentiation. government in 1995, suggests that all modern D Political Preparations transition leaders’ efforts centre on four key elements: people; processes; policies; and public relations. The Dalton McGuinty’s surprise resignation from individuals conducting Kathleen Wynne’s transition the premiership on October 15, 2012 significantly saw their priorities and actions in these areas compressed the time period in which contenders for the significantly shaped by the transition’s intra-party Liberal leadership could conduct transition planning. nature. However, the ultimately victorious Wynne campaign did conduct advance preparations, spearheaded by First, a turnover in senior personnel – the most “transition lead” and former cabinet minister Monique significant element in the practical mechanics of the Smith. One expert was first contacted about a transition transition – occurred almost exclusively within the role “well, well before the convention” for his advice Premier’s Office, leaving the rest of government offices on policy and relationships with the public service, relatively unchanged. Second, the basic processes furnishing Wynne’s campaign with materials he had and structures of government were kept largely the written on the general subject. According to this expert, same, but one major aspect of the transition was a shift this first point of contact came from “a group of people towards a more collaborative approach in existing who were thinking about (Wynne’s) policy framework operations. In terms of policy, Wynne’s transition and what her priorities should be,” and who were trying priorities were narrow and focussed on stabilizing the to establish what positions the potential new premier province’s relationship with its teachers (this particular would take on certain issues she would be inheriting policy area will not be dealt with in this article). Finally, should she win the leadership. the overarching public relations goal in transition was to differentiate Wynne’s government from her The team that spearheaded the transition period predecessor’s. Communicating the government’s new in the weeks after Wynne’s victory on January 25 included both core campaign supporters and less partisan advisors recruited for their particular skillsets. Transition lead Monique Smith was involved in the Wynne campaign from its earliest days, while other Connor Bays was an Ontario Legislative Intern in 2012-2013. key transition figures – for example, Deputy Chief of This is a revised version of a paper presented to the Canadian Political Science Association Conference in June 2013. The author Staff Tom Allison, Chief of Staff Andrew Bevan and wishes to thank the individuals interviewed for their time, interest Human Resources Chief Shelley Potter – were similarly and candour.

28 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 instrumental in Wynne’s campaign for leadership. In Smith. As the specific roles of those entering the office the words of a senior staffer involved in the transition, became clearer, the communication channels between these individuals “came off the campaign bus” and set the two groups diversified. A senior McGuinty staffer to work during the transition period. In addition to this described these interactions as “fairly informal,” with core group of political supporters, the transition team the outgoing group providing advice and assistance. included individuals who had a minimal role in the Commenting on their relationship with Wynne’s staff, leadership campaign, but whose expertise made them one McGuinty communications aide noted, “it was valuable in establishing the Wynne government in its very simple to work with them… because I knew them early days. This category included former Queen’s from before and there was no confusion about what Park journalist John McGrath and, in a more advisory they needed from us.” role in the early planning stages, ex-civil servant Timing Tony Dean. An underlying force shaping the Wynne transition In the weeks leading up to the Liberal convention, was the short time period between her victory in Wynne supporters consulted advisors on the basics the contest for the Liberal leadership and the return of sound transition planning. The advice solicited of parliament for a new legislative session. Most from such advisors provides a glimpse of a list of government transitions are framed by some sense priorities and considerations that would be familiar of time limits and compelled by the urgency that to most inter-party transition planners, centering on such limits produce. However, veterans of previous public administration as opposed to political issues. transitions, in both bureaucratic and political roles, Wynne transition planners asked questions about the noted that the Wynne example was characterized by appropriate time to approach the Cabinet Secretary unusually intense time pressure. Between Wynne’s regarding Cabinet Office transition plans, whether swearing-in and her speech from the throne, her staff any immediate changes should be made in the had only eight days to prepare. This compressed current Deputy Minister roster, and about whether to timeline was largely self-imposed: part of Wynne’s change the existing ministry structure. An individual support in the leadership contest rested on her pledge involved summarized these conversations as “advice to end the prorogation instigated by her predecessor. on immediate changes to architecture and people,” compiling a checklist of goals the transition team Staff felt this time pressure keenly. As one staff needed to accomplish in the first 24 hours and first member related, “I just kept my head down for the week of the transition, respectively. first month and a half… (the priority was to) just get the product out and hit the points we needed to.” Less The Wynne transition team enjoyed one advantage immediate transition priorities, for example, ensuring not widely available to leaders assuming power the Premier’s Office met with the wider civil service, from the opposition benches: a relatively high degree took a backseat to the urgent priorities centered on the of assistance from some quarters in the outgoing throne speech, staffing and cabinet selection. Adding Premier’s Office. Senior McGuinty staff met the day to the pressure, the former premier’s agenda remained after their boss’ resignation announcement to discuss active even until the eve of transition, including a transition planning. According to one McGuinty highly-publicized trip to China only days before the staffer, the office “did a lot of preparing for what (the January leadership convention. These activities limited incoming team) might need”, for example, drawing the amount of time his staff and the bureaucracy could up a list of potential announcements that the new spend in preparation for transition. One Wynne staffer premier’s senior communications staff might need to succinctly captured the hectic pace, remarking that, make in their first week and making notes on key files. with the tempo and volume of work to be accomplished, Similarly, the Premier’s Office staff considered what the foremost priority was “not screwing up.” policy initiatives a new government might want to include in its imminent speech from the throne,while People maintaining an awareness that the new premier A dramatic turnover in senior personnel in the would not want to simply continue her predecessor’s Premier’s Office was the most significant element in the initiatives. practical mechanics of Wynne’s transition to power. In During the transition itself, the relationship between an intra-party transition such as Wynne’s, one might the outgoing and incoming staff complement was expect that personnel considerations would be much initially largely confined to McGuinty Chief of Staff less prominent, given that the governing party remains David Livingston and Wynne transition lead Monique in power. However, participants agreed that staffing

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 29 changes – focussed on the Premier’s Office – were the Allison and Brian Clow quickly assumed central roles most significant tangible feature of the transition. One in the Premier’s Office. Many of the staff who filled senior Wynne aide described taking over a Premier’s senior positions also shared a history of working for Office that was “gutted” from a senior personnel point Wynne in her capacity as a Cabinet Minister in the of view. Essentially none of the senior manager-level McGuinty years. Incoming Chief of Staff Tom Teahen, staffers returned to the new Premier’s Office. Strategic Communications Manager Siri Agrell and Director of Human Resources Shelley Potter all served The departure of such senior figures came as no the new premier in her earlier ministerial capacities. surprise to several transition insiders. Many departing One individual observed that, in their shared past senior staff had worked closely with Dalton McGuinty connections with the premier, several top aides for years, in some cases even before the Liberals represented a “Don Valley crowd” – referring to had formed government under his leadership. Wynne’s first campaign for provincial office. The retirement of their long-time boss provided a convenient juncture for senior McGuinty staff to The time constraints facing Wynne’s transition team pursue other opportunities after years in high-stress compelled the new office to begin substantial work and relatively low-paying jobs. As is normal practice, on cabinet selection, the speech from the throne, and the premier’s departure also triggered the payment other key objectives, before many staff roles could be of severance packages for his newly unemployed filled. Achieving these objectives took precedence over staff, providing a “soft landing” for staff transitioning establishing the exact composition and structure of outside of political life. the new staff complement. In the early weeks between Wynne’s leadership victory and swearing-in, the less In contrast to the new senior echelon in the Premier’s senior staff who had opted not to depart of their own Office, much of the lower level Liberal political office accord were still present, but lacked defined roles or corps was ultimately left intact. One junior Premier’s certainty that they would be re-hired into the new Office staffer expressed surprise at the degree regime. The continued presence of these individuals of continuity in personnel at levels below senior was extremely valuable to the Wynne transition team, management. Many junior staff were simply re-hired who faced tight deadlines and overwhelming amounts into the positions they had occupied on McGuinty’s last of work. As an example, several transition participants day in office. The eventual high degree of continuity highlighted the contributions of Karim Bardeesy, in lower echelon staff roles was an expedient answer formerly McGuinty’s Executive Director of Policy, to the pressures created by a compressed transition who was able to begin work on the throne speech timeframe and, due to the minority in the legislature, in the transition’s earliest days, before it was clear the threat of an imminent election. A senior bureaucrat whether that job would remain his in the new regime. who dealt with the incoming policy branch commented It was only later that Bardeesy was officially re-hired that this continuity provided useful context for the into that role. new senior staff and observed that Wynne’s transition was able to preserve “political memory” within the Wynne’s most publicized personnel decision was party that proved particularly valuable to individuals the composition of her cabinet. Her selection of a new assuming senior roles in the Premier’s Office for the first executive team represented a high-profile opportunity to time. Another bureaucrat commented on the rapidity signal the complexion and priorities of her government. at which many staff could be briefed about key files. One consideration that seemed to guide her choices was In more comprehensive inter-party transitions, every the need to reward loyalty. All 10 Liberal MPPs who level of personnel “starts from scratch” in getting up to had supported her leadership bid joined her executive speed on key issues. The advantage gained by keeping council, but so too did almost all of her former leadership existing personnel intact perhaps also explains the rivals. Projecting an aura of party unity and inclusivity absence of any overhaul of senior positions in the was key to her government’s overall tone and approach. bureaucracy. The dual pressures of a need for fence-mending as well as a need to reward early backers, could also explain The body of senior political staff who replaced those why the new cabinet grew by five members despite departing with the outgoing premier were united media and opposition criticism. by their close previous association with Wynne, and absence of ties to McGuinty. Most of the people who Processes eventually filled key roles in the Wynne Premier’s Wynne’s transition team did not substantially alter Office had worked on her leadership campaign. For most government processes and structures. As was the example, key leadership campaign staffers Tom case with other aspects of the transition, changes that

30 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 did take place occurred primarily in the organization letters, but made the process more collaborative by of the Premier’s Office. Even in that context, most asking ministers to provide input on their initial fundamental processes remained largely unaltered. mandate letters before the Premier’s office created a From a staff organizational point of view, the previous final draft. Seeking dialogue in this way contrasted arrangement of a single Chief of Staff in the Premier’s with her predecessor’s more top-down approach to his Office was altered to split the responsibilities ofthat cabinet. Similarly, staff working on the throne speech role between a Principal Secretary and a Chief of Staff. spent more time consulting ministers directly, than As with personnel changes, several political staff had been general practice, when determining specific noted that widespread change in the organization of details with which to flesh out the broader policy processes, roles and responsibilities in the government framework. One Liberal insider points to the Premier’s would have been incompatible with the need to quickly Office decision to establish an 8:30 a.m. senior staff put the new government on its feet. meeting as another example of a regime instituting more collaboration in its transition to government. The The Wynne transition was more innovative premier’s presence at these meetings was also notable in establishing an official and widely publicized to staff accustomed to the more hands-off approach of ‘transition advisory council’. Seeking the counsel her predeccessor. A newcomer to the Premier’s Office of advisors in setting a direction for an incoming recalled trying to convince colleagues that Wynne’s government was not a new phenomenon. However, presence (either in person or by phone) at these Wynne’s transition advisory council represented meetings was not a waste of the premier’s time. an innovative formalization and publicizing of this advice-seeking process. On this council – misleadingly One transition leader described a key transition described as a “transition team” in media reports – sat task as changing the relationship between the many renowned figures from all spheres of Ontario Premier’s Office and ministry offices to reflect the new political and public life, ranging from economist Don administration’s collaborative methods. Surprisingly, Drummond to former NDP Cabinet Minister Frances ministry staff, when asked for their opinions, were not Lankin to Liberal party heavyweight Greg Sorbara. initially forthcoming; previously, contacts from the central apparatus would provide direction. There were The transition advisory council convened in the some downsides to this consultation and hands-on very first week after Wynne’s convention victory, and involvement, however. One civil servant commented held several meetings dealing exclusively with issues that, from a bureaucratic perspective, “sometimes… related to the upcoming speech from the throne. A you just want to be told what (the political staff) want.” participant described these meetings as wide-ranging, sometimes lasting several hours, with the premier in Public Relations “full-blown listening mode,” asking members for their Wynne’s emphasis on collaboration in government opinions on the government’s handling of particular processes points to the key public relations message issues as well as seeking a “temperature check” and of the transition: differentiation. Delineating a clear discussion forum to help set the government’s general break from the previous government is more difficult direction. The council’s suggestions and feedback were for those leading intra-party transitions, as a new high-level and focussed on broad themes rather than leader cannot easily repudiate the decisions of her details. The council continued to meet after the throne predecessor when she is a member of the same party speech, turning its attention to the next major political and, as in Wynne’s case, sat at the Cabinet table during milestone: the budget. A senior bureaucrat involved its major decisions. with the throne speech saw this advisory council as an efficient source of direction and means of generating A Wynne transition team member noted that, ideas. The group continued to meet well after what had McGuinty “gone out on a ray of sunshine” the might be generally considered the transition period. transition team would have been looking to balance continuity in areas of strength while only making While Wynne’s transition leaders did not small adjustments to areas of perceived weakness. substantially alter the mechanics, processes or Instead, the Wynne transition team was searching structures of government, the government’s general for ways to show that the new leader was as different approach was made more collaborative. Towards the as possible from the leadership she was replacing. In end of his tenure, McGuinty had stopped producing the words of one senior staffer, the question facing “mandate letters,” in which Premiers had for years Wynne’s transition team was “how to take credit for previously outlined their expectations and goals for the good and push away the bad” by, for example, their ministers. Wynne not only resurrected mandate taking a different perspective on gas plants and labour

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 31 issues. The intense public focus on these issues made words of one staffer, “talk about what we wanted to do, differentiation and re-branding in transition key for what our approach would be and to take questions.” the Wynne government’s survival during its first The meeting aimed to signal to government offices weeks and months in office. outside the centre that the new government sought to take a different approach than the predecessor. The speech from the throne was a particularly crucial communication tool. A senior Liberal The announcement of Wynne’s transition advisory involved in writing the speech described the process council itself was also a clear attempt to communicate as “introducing the new premier and signalling her the premier’s new approach. An individual involved differences from Dalton McGuinty.” The throne speech described that body’s unveiling as the key transition was an opportunity to “establish the narrative” of “announcable,” which, through its non-partisan and what the new government wanted to say about itself, diverse composition had the desired effect of signalling and its authors wanted this narrative to be noticeably the government’s new approach. The inclusion of John different from what the government had been saying McGrath on the premier’s transition team was itself four months earlier. A focus on differentiation was also partially an exercise in media relations. One team partly responsible for changing the senior members of member suggested that his status as a former president McGuinty Premier’s Office staff. Keeping “McGuinty of the Queen’s Park press gallery could bolster the people” in key posts would not have fit the narrative government’s relationship with the press. The central of a new government trying to signal a change in bureaucracy was quick to adopt the premier’s new direction. style and ensure its emulation at the government’s furthest reaches. Cabinet Office went so far as to A new tone and style was an integral aspect of disseminate a (subsequently leaked) guide for public the new government’s effort to demonstrate its servants on how to model public communications on differences from the previous leadership. A senior the premier’s example. A senior civil servant reported transition advisor noted that, from the new leader’s that senior political staff were unperturbed by the convention-night acceptance speech onwards, every leak, as it simply affirmed their desired change in the public appearance was critical for demonstrating government’s communication style. her “accessibility, openness, honesty… that she was listening and learning.” Several transition team Conclusion members emphasized that the new leadership style The Wynne transition’s intra-party nature was rooted in the premier’s personality, flowing significantly shaped the priorities and actions of down from her through the levels of government those conducting its activities. Few changes and little beneath. However, the team also consciously tried transition activity occurred beyond the Premier’s to demonstrate this different approach. A senior Office, leaving most processes and personnel largely Premier’s Office staffer noted numerous examples – intact. However, the new premier did effect a obvious and subtle – of these efforts, describing them significant change in style and approach, partially as “dog whistles blown to signal (the new style) to driven by her need to create distance from her provincial politicos.” A widely cited example was the predecessor. Ultimately, leadership transitions are premier’s practice of beginning public addresses with only the second (after winning power) hurdle of many an acknowledgement that the ground beneath her was that governments inevitably face. However, they can traditional native territory. be important for starting a government on the right The new Premier’s team also wanted to communicate – or wrong – foot. The strengths and weaknesses its new style with the wider bureaucratic and of the Wynne government’s transition model will political apparatus. During the transition, Wynne’s undoubtedly be studied by teams leading future intra- team arranged a meeting of all Premier’s Office and party transitions. ministerial political communications staff to, in the

32 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 Observations on Youth Engagement in Parliamentary Politics

Maya Fernandez, Rebecca Whitmore, Vanesa Tomasino Rodriguez and Kate Russell

Low levels of youth voter turnout in recent elections have caused public concern about the disengagement of young people’s interest in parliamentary politics. In this article, the authors argue that legislative internship programmes and the presence of young legislators are both counter-examples to the trend of youth disengagement and evidence that some young people are actively involved in parliamentary politics. Drawing upon their experience as legislative interns in British Columbia, they offer a few strategies for youth engagement.

n recent years, parliamentarians and the public Internship Programmes as a Path to Engagement alike have decried the decline of youth engagement Legislative internship programmes give recent in parliamentary politics. This disengagement is I university graduates the opportunity to participate most clearly evident in low youth voter turnout for in the provincial or federal legislative process. For provincial and federal elections.1 For example, in the example, during the six-month B.C. Legislative 2011 federal election 38.8 per cent of eligible voters aged Internship Programme (BCLIP), interns are assigned 18-24 years cast a ballot.2 In the 2009 British Columbia to a caucus, either Government or Opposition, while provincial election, only 26.9 per cent of eligible voters the House is in session. In addition to working with aged 18-24 years voted and 33.69 per cent of eligible a Caucus, interns take on a placement in a provincial voters aged 25-34 voted.3 Many young people are not Ministry. Legislative internship programmes across voting which threatens the representative nature of Canada have competitive application processes and our democratic institutions. attract a significant number of applications. In the past Although low youth voter turnout indicates three years, the BCLIP has received 196 applications disengagement, counter-examples to this trend exist. for 30 positions (10 each year). David Mitchell, a As current legislative interns in B.C., we contend former B.C. legislative intern writing in the Canadian that some young people are meaningfully engaged Parliamentary Review, said that internship programmes in learning about and participating in parliamentary in Canada “provide long-term benefits to the country politics. In addition to the existence of legislative by educating a knowledgeable group of young people internship programmes across the country, there are about the parliamentary process.”4 In effect, legislative youth who are actively involved in parliamentary internship programmes create parliamentary politics as federal and provincial legislators. The ambassadors. purpose of this article is two-fold: first, to discuss the During the BCLIP, interns engage with other federal role of legislative internship programmes in engaging and provincial interns through educational visits that youth in federal and provincial politics; and, second, to provide an opportunity to gain a deeper understanding document the presence of young legislators in Ottawa of other parliamentary jurisdictions. This year the and B.C. We conclude by offering a few suggestions B.C. interns were fortunate to travel to Ottawa and for youth engagement strategies inspired by our Olympia, Washington to visit with Parliamentary experiences as legislative interns. Internship Programme interns and the Washington State legislative interns, respectively. In addition, the BCLIP hosted the Washington State interns, and the At the time this article was written, Maya Fernandez, Rebecca Ontario Legislative Internship Programme (OLIP) Whitmore, Vanesa Tomasino Rodriguez, and Kate Russell were interns in Victoria. interns with the Legislative Assembly of British Columbia.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 33 Travelling to other jurisdictions and hosting interns The 2011 federal election saw an increase in in Victoria presented an opportunity to compare the number of young MPs. The average age of internship programmes and share stories about parliamentarians dropped from 52 in the 40th different programme experiences. For example, the Parliament to 51 in the 41st Parliament and there are Ontario interns were interested in learning about the currently 51 MPs under the age of 40 representing BCLIP’s unique Ministry placements, and as such we various regions of Canada at the federal level. were able to share our thoughts on the differences During our visit to Ottawa, we had the opportunity between caucus and Ministry work. Accordingly, we to meet with some of these young MPs. For example, were able to learn about presenting academic papers we met with NDP MP Pierre-Luc Dusseault who at the Canadian Political Science Association annual was 19 years of age on election day, making him the conference, which is a programme component unique youngest MP ever elected in Canada. We also met with to the OLIP. NDP MP Laurin Liu who was elected at the age of 20. In addition to engaging in discussion, visiting Both Dusseault and Liu spoke about the challenges and hosting interns also provided an opportunity to of sitting in the House as a young Member, including compare parliamentary practices in other jurisdictions. media scrutiny. The ‘Orange Wave’ of newly elected While in Ottawa, we attended federal Question Period NDP MPs, who formed the Official Opposition, has and noted how it differs from Question Period in B.C., also created a youth caucus where young MPs meet to most obviously in its scale. In Washington State we were discuss issues relevant to Canadian youth. able to observe a bicameral system at the state level, The federal Liberals did not share the same boost of which contrasts the unicameral system in B.C. Overall, youthful representation in the 2011 federal election; internship exchanges provide important opportunities however, the party elected Justin Trudeau, 42, as their for interns to network with other politically engaged new leader in 2013, making him the second youngest youth, including young legislators, and to broaden leader in the party’s history. At our meeting with their knowledge of parliamentary politics. Trudeau in Ottawa, he described engaging with youth The number of BCLIP alumni who continue to as a priority for the Liberal Party under his leadership. participate in parliamentary politics throughout their He said he sees youth as an integral part of Canada’s careers is a testament to the value of the programme. future and their participation and voice as necessary in Former BCLIP interns have held cabinet positions in Canadian politics. B.C., and become Deputy Ministers, assistant Deputy Trudeau’s recent win in the Liberal leadership race Ministers, communications directors, and government has provided a Canadian example of harnessing the and opposition research officers. Although employment power of social media to engage young Canadians. data on former BCLIP interns is incomplete, it is clear During the leadership campaign, Trudeau had more that many programme graduates work at legislatures Twitter followers than the other five candidates or in the public sector. Mitchell described legislative combined. Trudeau now has over 230,000 followers on internship programmes as a “unique Canadian success Twitter, many of whom are youth, and connects with story.”5 Perhaps, the greatest indicator of their impact Canadians on an almost daily basis via social media has been their ability to inspire youth to pursue careers tools including Facebook and Instagram. in which they continue to be engaged in parliamentary politics. Conservative MP Andrew Scheer became the youngest Speaker of the House in Canadian history at Young Legislators in Canada and B.C. age 32 following the 2011 election. During a meeting In addition to legislative internship programmes, with the BCLIP in Ottawa, he spoke about the honour the presence of young representatives in federal and of the role and the challenges associated with managing provincial legislatures is convincing evidence of youth a House of 308 members. Both Trudeau (despite being engagement and has the potential to inspire greater slightly older than our definition of young politicians) youth interest in politics. Young parliamentarians have and Speaker Scheer represent young people with a role to play in mentoring and advocating for youth. positions of great political importance. For the purpose of this paper, we borrow Lewis’ In contrast to the federal parliament, the B.C. definition of young legislators as those aged 40and legislature has seen fewer young legislators elected in under.6 As legislative interns, we had the opportunity recent years; however, in a similar light to the federal to meet and work with young parliamentarians both in level, young MLAs in B.C. do hold important positions Ottawa and at the B.C. Legislative Assembly. within the Legislative Assembly. For example, B.C.

34 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 Legislative Assembly of British Columbia Legislative

The 2013 B.C. Legislative Interns (left to right): Vanesa Tomasino Rodriguez, Braeden Wiens, Thomas Lattimer, Emma Fraser, Jared Marley, Rebecca Whitmore, Stephen Satterfield, Maya Fernandez and Kate Russell. Liberal Michelle Stilwell, elected in 2013, currently other youth, young legislators can help counter the holds the position of Government Caucus chair. Across stereotype of youth disengagement. the aisle, both Michelle Mungall and Spencer Chandra Recommendations for Enhancing Youth Engagement Herbert of the B.C. NDP are responsible for significant critic portfolios. Mungall, who was first elected in A majority of young Canadians are not voting, 2009 when she was 31, currently serves as Opposition and youth in general are often disengaged from the Critic for Social Development and previously served electoral process and parliamentary politics. This is as chair of the NDP’s Women’s Caucus. Chandra a serious concern because it threatens the political Herbert, 33, has held a number of critic portfolios and representation of youth and stalls progress on issues was appointed Opposition Critic for the Environment that impact young people. While Canada and B.C. during the first session of the 40th Parliament. In the have young legislators, more work on the issue of wake of the 2013 election, Jennifer Rice, 38, and Jane youth engagement needs to happen. Shin, 34, joined Mungall and Chandra Herbert as As engaged youth who have gained parliamentary young NDP MLAs. Participants in the 2014 BCLIP knowledge from our internship experience, we will have the opportunity to work with and learn from propose three recommendations for increasing youth these young legislators. engagement in parliamentary politics: As the debate on youth apathy in parliamentary 1. We recommend that legislative internship politics continues, Canada and B.C. have seen a programmes continue at both the provincial and federal strong contingent of young representatives emerge. level. These programmes give youth opportunities to work By prioritizing meetings with legislative interns and in parliamentary politics and to learn about the systems

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 35 through which policy decisions are made. The expansion programmes such as the BCLIP. For decades, of these programmes to all provinces and territories legislative internship programmes across the country would provide a means to encourage young people across have provided an effective means to connect politically Canada to become parliamentary ambassadors. engaged youth with parliamentarians and with each 2. More opportunities for young legislators to meet other. We suggest these programmes be continued with and mentor young people could inspire greater youth engagement in parliamentary politics. Young and, where possible, expanded. legislators bring issues that are important to youth into Notes the political sphere. They also act as role models, allowing young people to see their contemporaries working in 1 Amanda, Clarke, “A Dialogue on Youth and parliamentary roles. Democracy,” Canadian Parliamentary Review, 33:2, 3. Continued use of social media to publicize the Summer 2010, p. 25. workings of parliamentary democracy would be beneficial 2 Elections Canada, Estimation of Voter Turnout by Age as a means to capture the attention of digitally engaged Group and Gender at the 2011 Federal General Election, youth. Legislative assemblies and political parties across June 23, 2013, accessed online at: http://www. Canada have been incorporating social media into their elections.ca/co ntent.aspx?section=res&dir=rec/part/ work, and they should continue to learn about new estim&document=index&lang=e technologies to assist them in communicating with youth. 3 Elections BC, Report of the Chief Electoral Officer on the 39th Unfortunately, young people continue to lag Provincial General Election and Referendum on Electoral behind older cohorts when it comes to voter turnout Reform, May 2009, p. 39. and being card-carrying members of political parties, 4 David Mitchell, “A Most Important Experiment: both of which are central to the traditional sense of Parliamentary Internship Programmes in Canada”, political engagement. Nevertheless, political parties, Canadian Parliamentary Review, 5:1, 1982, p. 12. advocacy groups and legislatures are increasingly 5 Ibid. developing non-traditional strategies to engage youth, including the use of social media. As new attempts to 6 J.P., Lewis, “Identities and Ideas: Participation of Young Legislators in the Canadian House of Commons,” engage youth are being explored, there is still value Canadian Parliamentary Review, 29:2, Summer 2006, p. 12. in acknowledging the ongoing success of internship

36 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 CPA Activities: The Canadian Scene Will Stos Will Delegates to the CPA - Canadian Regional conference, held in Fredericton from July 20-26, listen to Nova Scotia Speaker Kevin Murphy’s presentation about democratic engagement of people with disabilities.

More than 120 delegates and and guest presentations in the will replace Driedger as Chair, accompanying persons enjoyed New Brunswick Legislative while Saskatchewan MLA Laura some balmy New Brunswick Assembly’s Legislative Council Ross was elected as Deputy weather and legendary East Chamber on July 20 and 21. Chair. nd Coast hospitality as the 52 CWP-Canadian Region Chair The meeting then welcomed Commonwealth Parliamentary Myrna Driedger opened the CPA Chair Alan Haselhurst and Association – Canadian business meeting by noting that CWP International Chair Rebecca Region Conference was held in she would be presiding over the Kadaga to offer introductory Fredericton from July 20-26. meeting with a mixture of joy remarks. Haselhurst, who is and sadness – joy for witnessing Commonwealth Women also completing his own term as and/or taking part in the CWP’s chair this year, said that when Parliamentarians’ (CWP) many accomplishments as it Meeting he was elected three years earlier has grown and sadness as this he hoped the CWP would be Prior to the beginning of conference would be the last she stronger as an organization the Regional Conference, CWP would attend before completing by the time he left, which it is. steering committee members her term as chair. Linda Reid, He also noted the particularly and delegates gathered for Speaker of the Legislative strength of CWP networks in two days of business meetings Assembly of British Columbia, Africa and Canada and suggested

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 37 negativity, combined with the intense personal demands of parliamentarians (such as being tethered to a Blackberry), make it difficult to convince women to become involved in public life. Anne Bertrand, New Brunswick’s Access to Information and Privacy Commissioner, spoke of her pride at being appointed to her position based on merit and not gender, noting that when she was thrown into the commissioner role she had “no time to be a woman.” Nevertheless, in introducing six young women who worked with her, she said she was proud to CWP delegates met in the Legislative Council Chamber of New Brunswick’s stand in front of the audience Legislative Assembly to discuss plans for the coming year. as a woman and stressed the benefits of the collaborative that they can serve as models of Inspiration. Weir, who has served approach her office has strived what active CPA organizations as CEO of the Energy Efficiency to use for dispute resolutions. and chapters can accomplish. and Conservation Agency of During a question and answer Kadaga detailed the busy travel New Brunswick and become period Bertrand noted that after schedule she has maintained as an internationally renowned 30 years in public service, some she has attempted to attend as consultant on parliamentary of the issues women face have many CWP regional meetings strengthening since leaving the not entirely changed and today’s as possible. While highlighting New Brunswick Assembly, spoke problems are often couched some success stories of countries of the many challenges women in safety words. She said that where women parliamentarians politicians face in an increasingly politically correct language often are making great strides towards toxic media environment. This hides the insidiousness still equality and full participation, present. she reminded delegates that much work remains to be done by active chapters such as Canada’s. The CWP steering committee agreed that it would strive for less email communication and more in-person communication and outreach, steering committee meetings in every province, and additional distribution of promotional items. The steering committee also developed terms of reference and discussed future nominees for its Women of Inspiration speaker series. Elizabeth Weir, a former New Brunswick MLA and provincial NDP leader, addressed the Photos by Line Gravel gathering as this year’s Woman of Attendees walk along the grounds of the Lieutenant Governor’s residence.

38 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 CWP delegates then departed for a tour of the Muriel McQueen Fergusson Centre for Family Violence Research and a subsequent speech from [Acting Director ] Nancy Nason- Clark. In her scholarly work, she has explored how religious faith influences the journey towards healing for survivors, the challenges facing religious leaders who are called upon to respond to families dealing with domestic violence, and how secular society and religious groups cooperate in the fight to end intimate partner abuse and other forms of family violence. Photos by Line Gravel Upon returning to the British Columbia MP Russ Hiebert speaks with Alan Haselhurst, Chair of Chamber, Susanne Alexander, the CPA International Executive Committee at the Lieutenant Governor’s Publisher of Goose Lane residence. Editions, discussed how in her eight sessions which covered a government backbencher who post-government career she has variety of issues before Canadian must decide whether to defend helped to transform a tiny local parliaments as well as situations a government decision that is poetry press, operated largely which parliamentarians may unpopular among constituents by volunteers, into a publishing encounter in their roles as public or publicly break with his company of regional and national representatives. colleagues. In the discussion significance. Newfoundland MHA and which followed, participants CPA-CR Business Sessions Deputy Speaker Wade Verge spoke of the power of party leadership in the Canadian Conference organizers shared a personal story about the challenges of being a system and contemporary reform presented a diverse line-up of initiatives which seek to reassert parliamentarians’ independence. National Assembly President Jacques Chagnon detailed Quebec’s debate over end-of-life legislation as part of an argument for the need to debate social issues in parliament. Chagnon contended that parliaments create an exceptional forum in which to conduct the in-depth examination of social issues in a calm manner. Furthermore, he suggested they enhance the image of Parliament, which is too often seen as an arena for partisan debate. One option to facilitate these types of discussions would be to form a committee, similar to ones From left: Myrna Driedger, Manitoba MLA and CWP-Canadian Region Chair; in France and Finland, which Brigadier-General Greg Loos, Commander of the Joint Task Force (North), concentrate specifically on major Elaine Taylor, Deputy Premier of Yukon. social issues.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 39 Leonard Lee-White, Assistant possible Senate reform prompted is available to people with Deputy Minister in New much debate from delegates disabilities. And they are just that Brunswick’s Department of across the political and regional – people first.” spectrum. The Senate Speaker Finance, shared lessons learned The conference concluded noted the provincial and from the host province’s public with a roundtable discussion territorial interest in a strong, sector pension plan reforms. with Saskatchewan Speaker Dan functioning Senate. He suggested Noting New Brunswick had D’Autremont, and Manitoba that the provincial and territorial both an aging and declining MLAs Cliff Cullen and Melanie speakers could facilitate a population which put stress on Wight on the recent flooding dialogue amongst Senators the system, Lee-White detailed in the Prairie provinces. The and their respective provincial how the province opted for a parliamentarians noted the legislators concerning reforms shared-risk pension plan which tremendous difficulties that that would best serve the given offered an alternative to the more arise when decisions are made provinces and territories. traditional defined benefit and to divert water that will damage defined contribution funds. Nova Scotia Speaker Kevin some communities in order to Elaine Taylor, Yukon’s Murphy delivered his very spare others. The presenters Deputy Premier, and personal story about how he also lauded the improvements Brigadier-General Greg Loos, suffered a debilitating injury to infrastructure various Commander of the Joint Task while playing hockey as a youth. governments have made over Force (North), co-presented Recalling the accessibility issues the years to better protect a session on Department of he faced in school and later communities, while cautioning National Defence Aid to Civil in business and political life, that supposedly once-in-100-year- Authorities. Outlining the Murphy stressed that he realized floods are occurring with greater success of the annual Operation early on that self-advocacy was frequency and more pre-emptive NANOOK in the three northern going to be an important life skill work needs to be done. territories, Taylor recounted for him to learn. Nevertheless, her government’s experience he was adamant that “the world with the 2013 operation where a mock-wildfire threatened Whitehorse’s city limits. In addition to promoting citizen- interest in disaster preparedness, the operation’s scale provided a boost to the territories’ economies. Speaker Reid reported on her legislature’s successful Speaker in the Schools Program and revealed some key findings about which grades and ages were most receptive to the series. In post-presentation discussion, other delegates shared anecdotes about children who, though previously quiet and reserved in the classroom, would come out of their shells when selected for key roles in mock parliamentary activities.

Speaker of the Senate Noël Stos Will Kinsella’s presentation on what As host for the CPA-CR meeting, New Brunswick offered many interesting the recent Supreme Court of attractions and destinations to explore. The bridge leading to Le Pays de la Canada reference means for Sagouine.

40 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 Parliamentary Book Shelf

Conservatism in Canada, edited mandate in the latter election. by James Farney and David While these developments Rayside, University of Toronto provoked a great deal of media Press, Toronto, 2013, 400 pp. commentary, a comprehensive ollowing three consecutive scholarly study of the rise of both FLiberal Party majority victo- small “c” and big “c” Canadian ries in 1993, 1997, and 2000, there conservatism had proven elusive Conservatism in Canada was a sense among many that the until now. Liberal domination of Canadian is a perceptive and provocative politics might be indefinite. Sure, collection of essays which Jean Chrétien may not have been insightfully identifies Canadian beloved exactly, but when his conservatism as a multifarious, superstar Finance Minister Paul complex, and sometimes Martin inevitably took over the conflicting, body of ideas, values, party’s leadership, its majority and policy commitments, rather would only expand. than treating it as a monolith. So went the narrative in the Edited by James Farney and aftermath of the 2000 election David Rayside, the collection in which the Liberals, after two skillfully explores the diverse terms in government, picked up strains of conservative ideology seats, securing yet another victory within both federal and against a divided Right without provincial politics. It aims breaking a sweat. The dread this to address the roles of each inspired on the part of Canadian branch of government and, the Farney and Rayside argue conservatives was perhaps best relationship between them, that conservatism is best captured in a 2001 book written while simultaneously seeking understood as encompassing by two rightists entitled Gritlock: to determine to what extent four major ideological currents: Are the Liberals in Forever? It was a Canadian conservatives can neoliberalism, moral and social serious question. be regarded as distinct from traditionalism, populism, and Yet by 2004, the Liberals their American and European nationalism. To what extent found themselves rocked by counterparts. do these four currents find the Sponsorship scandal, while Ambitious in scope, or fail to find expression in the once seemingly intractable Conservatism in Canada offers conservative political parties? divisions which separated the an in-depth discussion of both The editors submit that, in the Canadian Alliance and the domestic economic and cultural Canadian context, neoliberalism Progressive Conservatives had questions, as well as foreign exerts a dominant role with been resolved in the form of policy. While some of the moral and social traditionalism a new Conservative Party of collection’s essays advance their and populism taking a back Canada. Led by Stephen Harper, arguments more persuasively seat, though still possessing it reduced the Liberals to a than others, nearly all of the a considerable measure of minority in the 2004, won its own contributions prove to be highly influence. Nationalism persists minority in 2006, and increased engaging, scrupulously balanced, in efforts to construct citizenship its seat counts in 2008 and 2011 – and deeply revealing. along traditionalist lines, but the sort of feverish xenophobia winning a long-coveted majority In their introduction,

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 41 common in European and, neoliberal ideology, even by It opens up with an illuminating increasingly, American Patten’s definition. Targeted and historically grounded conservatism is judged to be tax breaks have been met with analysis of how differing social, largely absent in Canada, given contempt in neoliberal quarters religious, and economic dynamics broad public acceptance of while prominent neoliberal have determined which type of immigration. economists have acknowledged conservatism takes greatest hold Conservatism in Canada the dangers of climate change in a particular province. This presents essays in three different and championed initiatives such general survey is followed by a sections: the first section explores as a Dion-like carbon shift on number of pieces which discuss the philosophical, religious, standard externality grounds. conservatism in individual and attitudinal dimensions of For those most interested in provinces. Canadian conservatism, while the radical reconfiguration of While each contribution in this the second and third focus on party politics brought about by section is laudable, a standout the federal Conservative Party the creation of the Conservative piece by David K. Stewart and and provincial conservatism, Party in 2003, the second section Anthony M. Sayers pushes back respectively. of Conservatism in Canada has strongly against conventional The first section begins with much to offer. An analysis of wisdom in challenging the a richly informative essay by the organizational structure of widely accepted notion of Alberta Christopher Cochrane which the Conservative Party by Tom as a monolithically conservative analyzes public opinion and Flanagan, the University of province. Making excellent use the conceptual divisions that Calgary political scientist who of a wealth of polling data, it shape and structure policy managed the 2004 Conservative convincingly establishes that disagreements, not only campaign, is helpfully informed Albertans are neither adamant between those on the Right by an insider’s perspective. neoliberals nor stalwart social and those on the Left, but also Flanagan argues persuasively traditionalists. Rather, their between different schools within that the Conservative Party has political convictions on both conservatism. A final essay by become wedded to a permanent economic and social issues are Steve Patten is less persuasive, campaign model centered not far off from the national however. It advances the on national control, message centre, though they are far plausible claim that neoliberalism discipline, and pre-writ attack more sceptical of and opposed has triumphed within partisan ads. He sees the opposition to centralized government conservatism in Canada but fails moving in this direction as well, action than citizens of any to support the claim effectively. creating a “Darwinian world of other province save for perhaps electoral competition” driven Quebec. The Harper Conservatives by an “arms race logic” which have no doubt employed Conservatism in Canada threatens the ability of political concludes with the editors’ neoliberal rhetoric in calling parties to serve as vehicles for for smaller government and contention that Canadian policy development and member conservatism can ultimately freer markets and embraced representation. certain neoliberal policies, be regarded as distinct from such as tax cuts and free trade Recent years have seen the European conservatism on agreements. However, they development of major new the basis of its greater/relative also contributed to bailing out conservative political parties acceptance of ethno-cultural General Motors and Chrysler and in Quebec, Alberta, and, most diversity, and from American increased corporate subsidies/ notably, Saskatchewan with the conservatism on the basis coporate welfare programs, two right-of-centre Saskatchewan of its relative secularism. In moves widely repudiated by Party currently in government. commenting on the interaction neoliberal purists. Moreover, Conservatism in Canada’s between the various ideological some of the policies cited as final section ably addresses currents outlined in the evidence of the Conservatives these developments while introduction, they argue again for neoliberalism – their preference discussing the evolution of the neoliberalism’s dominance, while for targeted tax breaks and more established Progressive suggesting that conservatism’s refusal to address climate change Conservative parties, as well as “reverence for the past,” – bear no clear relationship to provincial public opinion trends. expressed primarily in its support

42 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 for “traditional norms on gender practice is used to support and sexuality,” is in tension the ongoing importance and with its celebration of the ever- relevance of the Crown in expanding expanding individual Canada. Contributions cover a autonomy that has undermined wide range of topics including these very norms. This is an the tenure of the fourth Governor interesting, but underdeveloped, General, the Crown and Quebec, claim which demands further recent changes to the Law of reflection. Succession, the use of prerogative Wide-ranging, stimulating, powers, and the Crown’s and brimming with insight, this relations with First Nations. work is an excellent addition Overall, it is a useful collection to existing scholarship on describing how and why the the character of Canadian Crown is still relevant in today’s conservatism. Canada. For those who believe in the value of the monarchy, this Mathew Giroux book provides ample justification M.A. candidate (History), for their convictions. Laurentian University The complex nature of the Crown in its multiple Canada and the Crown: Essays relationships involving on Constitutional Monarchy, relevant to those who question the United Kingdom, the edited by D. Michael Jackson the value of the Crown as an Commonwealth, Canada, and Philippe Lagassé, Institute undemocratic institution and a and the provinces is currently of Intergovernmental Relations, pointed reminder of our colonial being revealed through a legal Montreal, 2013, 312 pp. past. For others, however, the challenge in the Quebec Superior Court. The case questions the and Queen’s long reign represents the best of a modern monarchy; its process followed by Ottawa to The Crown and Canadian stability, continuity and almost accede to changes to the rules Federalism, by D. Michael mystical prestige provide a of succession implemented Jackson, Dundurn, Toronto, counterpoint to the leadership by statute at Westminster. 2013, 336 pp. of government that, at its worst, Following their approval by all is often seen as too partisan and the Commonwealth realms, these he Diamond Jubilee of Queen changes will allow a first-born Elizabeth, celebrated in divisive. T Explaining and defending the child, regardless of sex the right 2012, provided monarchists and to inherit the Crown. They will constitutionalists alike with an Crown in Canada has become the mission of a number of scholars, also eliminate some restrictions opportunity to re-examine the with respect to marriage of significance and role of the Crown writers and parliamentarians. Chief among them are D. Michael members of the Royal Family to as a part of Canada’s identity and Catholics. The court challenge is government in the 21st century. Jackson, David Smith, Serge Joyal and Christopher McCreery. They based on the degree of consent The task was not without its required under the Constitution challenges. For many, there is and others have contributed essays to Canada and the Crown: Act, 1982 to effect these changes. something curious about having The federal government insists the person who is Queen of the Essays on Constitutional Monarchy. This is the second volume on that it has the authority, acting United Kingdom as Canada’s on its own, to give Canada’s Sovereign as well as the head of this topic to be published in recent years by the Institute of approval to these new rules of state of more than a dozen other succession. The opponents, two realms of the Commonwealth. Intergovernmental Relations of Queen’s University – the first, professors from Laval University, The fact that Elizabeth II is contend that approval requires personally respected, admired The Evolving Canadian Crown, appeared in 2010. In this new the consent of all the provinces and even revered, for her sense under the section 41 unanimity of duty and near faultless service collection, a mix of history, constitutional theory, law and clause. The case is now scheduled over many years is not really to be heard next June.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 43 model for the modern state. For way that acknowledges serious others like David Smith and questions about the value or Robert Hawkins, the higher the need for the institution in profile of the modern Governor the 21st century. This point General actually supports the is clearly underscored by the need to maintain the British title of the book’s summary dimension of the Canadian essay by Philippe Lagassé, Crown. The short tenure of the “The Contentious Canadian Governor General challenges the Crown”. It is also evident in occupants of that office to fully the essay by Peter Russell and comprehend and exercise their his lament for an educational vice-regal duties. They argue that system that does not adequately abandoning the direct connection teach an understanding of the to the Queen would risk the Crown’s role. Similarly, the loss of non-partisan stability advocacy for the use of Cabinet and continuity anchored in a Manuals, by James Bowden hereditary monarchy older than and Nicholas MacDonald, Canada itself. Indeed, the British to clarify the processes that Sovereign serves as the model should be followed in difficult for the Governor General in the constitutional situations implies This court case touches exercise of both its dignified and some misgivings about the upon two of the major themes its efficient responsibilities. ability of government officials raised in Canada and the Crown: Likewise, the Canadianization to deal adequately with unusual the Crown’s unambiguous of the constitution raises other circumstances, such as the British identity and its pivotal questions about the future prorogation episode of 2008. The role in Canada’s constitutional sustainability of the Anglo- speculation that subsequently architecture. For many, the British Canadian Crown. Originally swirled around the Governor reality of Canada’s Sovereign a British statute passed by General raised concerns about the recalls a time when the nation Westminster acting in its political involvement of the office was not independent and when imperial capacity, the British in carrying out its constitutional tolerance of anything non-British, North America Act was finally responsibilities. This aspect of if it existed at all, was limited to a patriated as the Constitution potential partisanship is also begrudging acknowledgement of Act, 1867 and augmented by raised by Richard Berthelsen in the French fact. Little of this has the Constitution Act, 1982, with his account of the history of the anything to do with the Canada the inclusion of a long-sought Speech from the Throne. Contrary of today, which openly embraces amending formula and the to the tradition of Openings of official bilingualism and Charter of Rights and Freedoms. Parliament at Westminster, where celebrates the cultural diversity More and more, Canada has the speeches are invariably short, of its large immigrant population. assumed, and continues to amounting to little more than a In addition, the successful develop, its own distinct identity list of bills to be introduced by Canadianization of the office of beyond its rich inheritance from the Government over the session, the Governor General, including Britain. Can the current Crown the Speeches from the Throne the popular tenure of two recent in its multiple relationships and delivered by the Governor occupants who were born outside compound capacities continue General are becoming longer and the country, also encourages to be a meaningful focal point more clearly partisan in flavour. some, including contributor of executive powers, legislative Over the long term, the essential John Whyte, to believe that the functions and judicial authority? neutrality and impartiality of time has come to let go of the Most of the authors of Canada and the Governor General is being British Crown and consider an the Crown believe that it can and compromised. David Smith, a alternative model of government. should. staunch believer in the Crown, Whyte contends that a hereditary regretfully acknowledges this Nonetheless, some of these monarchy is a poor reflection of trend by noting how the position authors express their support Canada’s social values and that of the Queen and its Canadian for the Crown defensively, in a civic republicanism is a better surrogate has been depreciated

44 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 in every significant respect. of The Crown and Canadian depend exclusively on the law. While acknowledging how the Federalism. D. Michael Jackson It relies more fundamentally on current government has done is an unwavering champion the support and consent of the much to elevate the status of the of the Crown. His position on people who appreciate and value Sovereign, Smith also recognizes its value in Canada’s history the Crown in all its dimensions. that the government is prepared is exuberant throughout his This support is harder to secure, to utilize the surrogate for plainly well-paced account, which but as the publication of these political purposes. This reality as focuses particularly on the role two books attest, there are those well as other factors undermines and powers of the Crown’s who are willing to make the the desirability of using the office representatives in the provinces, effort. of the Governor General to build the Lieutenant Governors. As a remedial relationship with the Jackson readily admits, his Charles Robert First Nations, a topic explored text “contains modest original Principal Clerk, in separate essays by Stephanie research” with little reliance on Chamber Operations and Procedure Danyluk and Jim Miller. primary sources. Instead, his at the Senate of Canada The contributors who take book seeks to benefit from the a more historical perspective recent research of others and The Global Promise of seem less encumbered by this communicate their results to Federalism, edited by Grace defensive approach. Carolyn a wider public, “providing a Skogstad, David Cameron, Harris, for example, presents readily accessible exploration Martin Papillon and Keith an interesting assessment of the and explanation of the Crown Banting, University of Toronto Marquis of Lorne as the fourth and Canadian federalism.” In his Press, Toronto, 2013, 312 pp. Governor General. In many ways, view, it is clear that the Crown Though its title does not his mandate from 1878 to1883, has played an indispensable part indicate as such, the Global which was enhanced in its first in fostering the development Promise of Federalism is a well- years by the participation of his of Canada’s federal system of deserved Festschrift for political wife, the Princess Louise, created government, its bilingual identity scientist Richard Simeon, the template followed by many and its multicultural reality. His the distinguished scholar of his successors. What was boundless admiration for the of Canadian and broader striking about his tenure was the Crown is based not just on its federalisms. Simeon, whose democratic, relatively egalitarian constitutional importance but career coincided with the great understanding that both he and equally on its significance as the challenge to Canadian federalism his wife demonstrated while in focus for the nation’s “values and Canada. During this time, the traditions and heritage, of loyalty, Crown enjoyed an immensely identity and ethos.” positive public profile. This is The Constitution Act, 1982 has also reflected in the article by firmly secured the position of the Serge Joyal, who writes of the Crown in Canada’s structure of long history of a favourable government. Section 41 stipulates association of the Crown with that changes to “the office of the Quebec, an association now Queen, the Governor General lamentably abandoned, as Linda and the Lieutenant Governor Cardinal points out. For his part, of a province” can only be Christopher McCreery, who achieved through the unanimous writes in separate articles of the approval of the Senate and expanding role of the Lieutenant House of Commons, as well as Governors, as well as that of the the legislative assembly of each vice regal secretary, presents a province. Unless the United careful analysis of both positions Kingdom embraces a republican in sustaining the Crown in government, Canada is likely to Canada. remain a constitutional monarchy One of the editors of Canada for years to come. However, the and the Crown is also the author security of the Queen’s status as the nation’s head of state does not

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 45 represented by the nationalist and democracy, and theology With a shift in so many and separatist impulses in and identity, to case studies on disciplines in both the social Quebec, the rise of the New West, Cyprus, Spain and comparative sciences and humanities away and the mega-constitutional Canadian-Australian federalism. from the study of Canada politics from the 1970s to the A highlight is Alain Noel’s (though not away from early 1990s resulting in the forceful argument about the Canadian-taxpayer supported Charter, patriation and failed importance of politics, ideology, funding), larger questions about Meech Lake and Charlottetown identities and majority/minority the policy implications of no Accords, has been a keen scholar, relations within a federation; longer focusing solely upon advocate and critic of federalism here, we have a sharp reminder Canada are salient. The broader for nearly 50 years. that the often messy politics of a question such a book asks, Indeed, during this period, at place needs to be “brought back is: Where to now? Questions a time when the study of Canada into” studies of the state and around Canadian federalism will seemed to have existential federalism, and that the bloodless continue to remain central to the implications, Simeon produced mechanisms of federalism are evolution of this nation state, but from his perch at Queen’s, and often shaped by people. Using with the retirement of so many then the University of Toronto, a the Quebec-Canada example, giants of Canadian political steady stream of important and Noel’s chapter acts as a sobering science (along with Simeon, ground-breaking works, not the reminder of federalism’s Peter Russell and Alan Cairns least of which were a series of limitations. come to mind), is the discipline studies for the 1985 Macdonald The global perspective up to the task of exploring Royal Commission. Simeon within the collection echoes not only the global promise also played a key role in the not only Simeon’s academic of federalism but federalism’s “comparative turn” in Canadian evolution, but that of the ongoing evolution, right here political science starting in the broader Canadian discipline, at home? This collection, whose 1990s, wherein that discipline’s and speaks to the importance editors and contributors are ably scholarship took a much more that Canadian scholars and taking up the task, suggests that expansive and global approach in practitioners of federalism, the discipline, and the study of its methodology and focus. such as Simeon himself, have federalism – in all its forms and spaces – is indeed in good hands. As a collection on federalism, played in international debates this book is a useful and practical and the evolution of federations around the world. This shift Dimitry Anastakis contribution. The introduction is Professor (History), Trent University a thoughtful overview of some in focus is also present when one thinks of the collection as ofthe key issues that have shaped Fire on the Hill, by Frank a Festschrift; a very interesting Simeon’s scholarship and driven Rockland, Sambaise Books, addendum by Simeon himself, the field in recent years: the Ottawa, 2013, 354 pp. “chicken and egg” debate over “Reflections on a Federalist Life,” Sitting in the Library of societal values vis-à-vis founding personalizes some of his thinking Parliament I am somewhat institutions as a key determinant as his scholarship (and some amazed at how this piece of for a federation’s causation; the of his political views) evolved, history survived the tragic fire question of the importance of and is both provocative and that consumed the Centre Block democracy and trust within a informative. Simeon’s comments of Parliament Hill on February polity as a basis for whether or on “public engagement” and his 6, 1916. The quick action of the not federalism can root itself role in the Meech Lake Accord clerk “Connie” MacCormac, in successfully; and, of course, remind readers that the scholar ordering the closing of the large federalism’s capacity to evolve can be an activist as well. The iron fire doors before evacuating, over time. anecdotes, stories, and, yes, even limericks contained in saved the library and its vital Many of these themes are this addendum reveal a man of contents for future generations. reflected, and expounded, upon humour and commitment, and But what really happened that in the collection’s 10 chapters, all it is easy to see why so many evening? Was it mere carelessness of which are very good. Topics scholars – both from Canada and of a smoker of cigars or was touch upon a broad range of abroad – were part of this tribute. there something more sinister fields and issues, from federalism at play? Those are the questions

46 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 the Belgian relief effort, Count does an extraordinary job in Jaggi insinuates himself into the portraying the social customs and Ottawa establishment meeting historical elements of the piece regularly with Conservative in a thoughtful and informative Prime Minster Sir Robert Borden, manner that aficionados of Leader of the Official Opposition history will find compelling. My Liberals, Sir Wilfrid Laurier, only critique of the novel is that future Liberal Prime Minister the conclusion may leave the William Lyon Mackenzie King reader less than satisfied, as it and the Governor General. makes little effort to adequately Jaggi, a womanizer with a tie up the loose threads that are particular fondness for those spun throughout the preceding already married, grows closer 34 chapters. However, it does to Katherine MacNutt in an leave the writer with an opening attempt to learn her husband’s to continue the development of plans against the saboteurs. The these characters in a subsequent setting of the novel oscillates book. between Ottawa and New York Overall, Fire on the Hill is and slowly builds towards the a weighty contribution for fateful night of February 6 where those who are fans of historical the Inspector, Mrs. NacNutt and fiction, and specifically, those that Frank Rockland explores the Count are all found in the who enjoy speculating about in a thrilling fictional tale of reading room of the Centre Block historical events from the conspiracy, politics and spies. where the fire is thought to have perspective of conspiracy. It begun. The plot of the novel centres on is a novel that is true to its Inspector Andrew MacNutt and Rockland does an exceptional historical underpinnings and his wife Katherine. As head of the job of placing the reader in the does not sacrifice fact for plot Dominion Secret Police, Inspector historical Canadian context of development. The book, which MacNutt has been attempting to the First World War. The reader will keep readers engaged keep the Canadian border secure will explore elements of the social chapter after chapter, leaves against a network of German and political changes that were readers with an urge to learn saboteurs run out of New York underway during the period, more about what life was like by Captains Franz von Papen and such as the role of women in on the home front and about the Karl Boy-Ed. After the Americans the war effort, the great divide key political and social figures declare von Papen persona non between English and French at a turning point in Canadian grata and order him back to Canadians about possible history. Europe, the Germans send Count conscription, and the formation Jaggi to replace him via Canada. of the Royal Canadian Mounted Michael Burke Christian Operating under the guise of Police. In addition, the writer PhD candidate (Communications and Culture), York University

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 47 Legislative Reports

Highlands–Norwood) that he to concur in the Committee’s would step down as leader of the report was passed in the House party as of October 19, 2014. Mr. unanimously and without Mason has indicated that he will debate. The appointment became continue to serve as a Member effective on May 26, 2014, and of the Legislative Assembly. The Ms. Trussler was officially sworn nomination period closed on in as Alberta’s fourth Ethics August 5, 2014. David Eggen Commissioner on June 4, 2014. (Edmonton–Calder), Rachel Ms. Trussler was born and Notley (Edmonton–Strathcona) raised in Alberta and served on and Rod Loyola, President of the the Alberta Court of Queen’s Non-Academic Staff Association Bench for 20 years. She holds a Alberta at the University of Alberta, have Bachelor of Arts and a Bachelor entered the race. of Laws from the University of Leadership Contests Changes to Caucus Membership Alberta, a Master of Laws from the University of Melbourne Alison Redford’s (Calgary– Almost one year after and was awarded an honorary Elbow) resignation as Premier resigning from the PC Caucus Doctorate of Laws from the in March 2014 set the stage for in July 2013, Mike Allen (Fort University of Alberta. In 2007 a leadership race within the McMurray–Wood Buffalo) she became the Chair of the Progressive Conservative (PC) was accepted back into the Alberta Gaming and Liquor Association of Alberta. When caucus on July 7, 2014. With Commission and has a history of the nomination period closed on this membership change the actively supporting a variety of May 30, 2014, three individuals composition of the Assembly cultural organizations and other had put their names forward is now at 59 Progressive community groups. for consideration as the next Conservatives, 17 Wildrose, leader of the PC party: Thomas 5 Alberta Liberals, 4 New Committee Activity Lukaszuk (Edmonton–Castle Democrats, and 2 Independents. On March 10, 2014, the Downs), former Minister of Jobs, Standing Committee on Skills, Training and Labour, Ric Appointment of a New Ethics Commissioner Resource Stewardship tabled McIver (Calgary–Hays), former the final report on its study of Minister of Infrastructure, and On November 15, 2013, public policy tools available Jim Prentice (former Member Alberta’s third Ethics to encourage broader and of Parliament for Calgary North Commissioner, Neil R. higher-value use of natural gas. Centre). The first leadership vote Wilkinson, announced that he Shortly thereafter, the Assembly will take place on September 6, would not seek reappointment referred Bill 201, Agricultural 2014. If no candidate secures a when his term expired. On Pests (Fusarium Head Blight) majority a second vote between May 7, 2014, the Select Special Amendment Act, 2014, to the the top two contenders will be Ethics Commissioner Search Committee. Bill 201, a Private held on September 20, 2014. Committee completed its Members’ Public Bill, sponsored The Alberta New Democratic mandate and unanimously by Maureen Kubinec (Barrhead– Party has also started the recommended Marguerite Morinville–Westlock), seeks process for a leadership contest Trussler be appointed the next to increase the tolerance level following the announcement Ethics Commissioner for the for Fusarium graminearum in by Brian Mason (Edmonton– Province of Alberta. The motion Alberta seed and livestock feed

48 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 to 0.5 per cent. The Committee Committee also accepted written provide written submissions on received a presentation from submissions regarding Bills 9 and the matter by August 22, 2014. the Bill sponsor, a briefing from 10 until August 15, 2014. Alberta Agriculture and Rural On April 14, 2014, Bill 11, Child, Jody Rempel Development, and spent two Youth and Family Enhancement Committee Clerk days meeting with stakeholder Amendment Act, 2014, sponsored panels representing various by Manmeet Bhullar (Calgary– agricultural interests including Greenway), Minister of Human experts on the issue from around Services, passed first reading. western Canada. One of the more notable parts The Standing Committee of the Bill related to removal on Alberta’s Economic Future of the existing publication ban completed its review on the surrounding children who die feasibility of high-speed rail and while in provincial care. Under tabled its report on May 23, 2014. Bill 11 a process would be The Committee recommended developed to allow for such a that the Government not invest ban to be requested in a court in the development of high-speed application made by specified rail along the Edmonton-Calgary persons, including individuals British Columbia corridor but instead focus prescribed in the regulations resources on the development as family members. On May 7, The spring sitting of the of light rail and regional 2014, the Assembly agreed to an Legislative Assembly concluded transportation systems. However, amendment to the Bill, proposed with the adjournment of the the report also suggests that by Rachel Notley (Edmonton– House on May 29, 2014. The infrastructure planning consider Strathcona), which stipulated that final weeks of the sitting were accommodations for high-speed no regulations could be made notable for the inauguration on rail development in the future. in this regard to this section of May 4, 2014 of John Horgan as Leader of the New Democratic The Standing Committee on the legislation without “being considered by an all party Party and Leader of the Official Alberta’s Economic Future is Opposition. In addition, on May now considering Bill 9, Public committee of the Legislative Assembly.” 15, 2014, the Legislative Assembly Sector Pension Plans Amendment unanimously adopted a historic Act, 2014, and Bill 10, Employment On July 16, 2014, two months bipartisan motion, apologizing Pension (Private Sector) Plans after the Bill came into force for over 100 laws, regulations, Amendment Act, 2014. These Bills (with exceptions including the and policies imposed by past were referred to the Committee portion relating to the publication provincial governments between for review after they received ban), the Standing Committee 1871 and 1947 against people of Second Reading. Both Bills on Families and Communities Chinese descent. have been the subject of strong met to consider a request from criticism in and outside of the the Minister of Human Services On May 26, 2014, the House. The Committee, which to review a draft version of the Legislative Assembly adopted began its review with three Publication Ban (Court Applications a motion authorizing meetings days of briefings from various and Orders) Regulation, which of the Committee of Supply stakeholders and pension would provide the process for in three concurrent sections to experts, also invited the public interested parties to request a consider the Estimates. This to participate in the review publication ban following the continued a practice initially process and held public meetings death of a child in provincial care. used in 2012 and again in 2013, in seven locations around the The Committee initiated a review and facilitated the consideration province. Over 900 people of the matter and invited the of ministry estimates during the participated in these public Minister and department officials spring sitting. The Committee of meetings, with particularly high to provide a technical briefing Supply has typically sat in two attendance in Edmonton and at the next Committee meeting. concurrent sections, and did so Calgary. In total, the Committee The Committee also identified for the majority of the spring heard over 150 presentations. The stakeholders and invited them to sitting.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 49 On May 27, 2014, the Bill 24, Agricultural Land Four Committees initiated House adopted, on division, a Commission Amendment Act, public consultations in support of government motion pursuant to 2014 – which implements their terms of reference: Standing Order 81.1(2), providing changes to the framework for the The Select Standing Committee for time allocation of the protection of agricultural land on Children and Youth launched remaining stages of debate of Bill in the province, following up a call for written submissions 24, Agricultural Land Commission on government’s “core review” to assist with its special project Amendment Act, 2014, by 5:30 pm of agricultural land provisions examining youth mental health on May 29, 2014. aimed at improving efficiency in BC. and reducing program costs. Legislation The Select Standing Committee A total of 14 private members’ By the end of the spring on Health began public bills were introduced, including consultations as part of its work sitting, the government had bills proposing to: allow introduced 26 bills (excluding to identify potential strategies to electronic petitions; move BC’s maintain a sustainable health care Bill 1) since the opening of fixed election date; amend th system. the second session of the 40 conflict of interest rules; enhance Parliament on February 11, 2014. the Legislative Assembly’s The Special Committee to Of these bills, 25 received Royal parliamentary committee system; Review the Personal Information Assent. The one bill which was and provide for a fall sitting of Protection Act opened public not adopted was Bill 25, the the Legislative Assembly every consultations to assist its Port Metro Vancouver Container year. comprehensive statutory review Trucking Services Continuation of the Personal Information Act, which was no longer needed The Legislative Assembly Protection Act, which is required when the government settled the adopted one private bill, Bill every six years under the terms of Armstrong-Spallumcheen Vancouver port strike. Pr 401, the Act. Student Assistance Association Notable bills which received (Corporate Restoration) Act, The Special Committee Royal Assent in the spring sitting 2014, which provides for to Review the Independent included: the Association’s continued Investigations Office (IIO) started Bill 20, Local Elections Campaign operation. a call for written submissions Financing Act, 2014 and Bill to support its statutory review Committee Activity 21, Local Elections Statutes of the IIO’s administration and Amendment Act, 2014 – this On May 28, 2014, the Special general operations. legislation reforms campaign Committee to Appoint an Auditor Gordon Robinson disclosure statements, advertising General released its report sponsorship disclosure and unanimously recommending Committee Researcher registration, and compliance and the appointment of Carol enforcement duties for Elections Bellringer as Auditor General BC; the legislation also extends for an eight-year term. The the terms of office for locally- Committee’s recommendation elected officials from three to four was subsequently ratified years, and moves the general unanimously by the House. local elections voting day from Ms. Bellringer will take up her November to October, beginning appointment on September 15, in 2018. 2014. Bill 2, Electoral Boundaries On May 28, 2014 the Select Commission Amendment Act, Standing Committee on 2014 – which provides for up Children and Youth and the to 87 electoral ridings, up from Select Standing Committee on the previous 85, and divides the Public Accounts released reports Manitoba province into regions to ensure outlining their annual summary th balanced electoral representation of 2012-2013 activities. The Third session of the 40 and preserve seats in rural and Legislature ended on June 12, northern areas. 2014. A number of government

50 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 bills received Royal Assent previous session and reinstated Government immediately during this spring session, this session. In addition, five bills commission an independent including: introduced by private members report with agreed upon bi- Bill 52 – The Non-Smokers received Royal Assent on June 12, partisan research parameters to Health Protection Act, which 2014. objectively evaluate the economic prohibits the sale or supply of Prior to adjourning, the impact over the next five years of flavoured tobacco products, House also agreed that three the $1,600 in broken tax promises with an exemption for menthol bills are to be sent to standing and fee hikes that have been tobacco products, snuff and committees intersessionally for forced on Manitobans since the chewing tobacco. The Bill also public presentations and clause imposition of the illegal PST hike repeals the exemption allowing a by clause consideration, with on July 1, 2013.” Following the parent to provide tobacco to his these bills to be reinstated in the debate, the motion was defeated or her child in a non-public place. 4th session of the 40th Legislature. on a vote of yeas 17, nays 31. Bill 55 – The Environment In the next session the bills are Private Members’ Resolutions Amendment Act (Reducing to be reported back to the House The Third Session of the Pesticides Exposure), and considered for the remaining which 40th Legislature saw a higher- prohibits the use of prescribed stages of the bill enactment process. The bills are: than-usual number of Private classes or types of pesticides Members’ Resolutions that were The Technical Safety Act on lawns and on the grounds Bill 69 – agreed to and adopted by the of schools, hospitals and child Bill 70 – The Real Estate Services House. The 12 Private Members’ care centres, except in specific Act Resolutions that were agreed to circumstances. Bill 71 – The Animal Diseases this past Session are as follows: The Adoption Bill 59 – Amendment Act Mr. Helwer - National Military Amendment and Vital Statistics Driver’s License Amendment Act (Opening Birth Opposition Day Motions and Adoption Records), which Mr. Altemeyer - JUNO Awards On May 29, 2014 Ralph Eichler creates a scheme that allows (Lakeside) moved an opposition Mrs. Mitchelson - Habitat for for more openness with respect day motion urging that “the Humanity to adoption records and pre- Legislative Assembly call on the Mr. Gaudreau - Rail Safety in adoption birth records, subject to Provincial Government to respect Manitoba certain privacy rights. Manitobans as the real owners of Ms. Wight - Inclusion in The Child and Family Bill 68 – Manitoba Hydro by immediately Schools Services Act, which requires reconsidering the plan to at least employees and others who work double hydro rates for Manitoba Mr. Martin - 20th Anniversary for, or provide services to, child families over the next 20 years of Becoming an Outdoors and family services agencies in a risky Hydro development Woman or authorities to report critical scheme that has already cost Mr. Marcelino - Filipino incidents that have resulted in the taxpayers $2.6 billion dollars to Nursing death or serious injury of a child create power that independent Ms. Crothers - 70th Anniversary In addition, before the end experts conclude will not be of D-Day of the session, the Assembly required to meet domestic needs until as late as 2034, and serves Mr. Schuler - Freedom and completed consideration of the Dignity in Syria main supply bills for Budget only to funnel billions of dollars 2014. Bill 73 – The Budget in additional hidden Hydro Mr. Goertzen - Celebrating th Implementation and Tax Statutes taxes and fees to the Provincial the 50 Anniversary of the Amendment Act, 2014, was passed Government.” Following the Mennonite Heritage Village on June 10, 2014 on a recorded debate, the motion was defeated Museum vote of yeas 28, nays 15. on a vote of yeas 18, nays 30. Mr. Nevakshonoff - The During the Third session of the On June 9, 2014 Heather Icelandic Festival of Manitoba 40th Legislature, 71 government Stefanson (Tuxedo) moved “Islendingadagurinn” bills received Royal Assent, another opposition day motion Mr. Cullen - Northern including 35 introduced in the urging that “the Provincial Manitoba Mining Academy

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 51 Standing Committees Current Party Standings more than previous years. The extra time was allocated to the The end of Session coincided The current party standings Standing Committees on Health with the busiest period for in the Manitoba Legislature Care and Education. Manitoba Standing Committees, are: NDP 35, Progressive with several meetings called Conservatives 19, Liberal 1, Legislation to consider bills. Activity this Independent 1, with 1 vacancy. quarter included the following During the session, 79 bills meetings: Andrea Signorelli received Royal Assent. The Government House Leader and Clerk Assistant/Clerk of Committee The Standing Committees Natural Resources Minister on Justice, Human Resources, Paul Robichaud introduced Intergovernmental Affairs Bill 84, An Act to Amend the and Social and Economic Legislative Assembly Act. The bill Development held a total of makes amendments regarding eight meetings, heard from 105 Members’ expenses, creating a presenters and considered a total new reporting system for MLA of 35 bills; and constituency office expenses. The Public Accounts Expense reports will now be Committee met on two separate prepared by the Legislative occasions to consider several Assembly and posted quarterly to Chapters of the last two Auditor the Assembly’s website. General’s Reports – Annual Finance Minister Blaine Higgs Report to the Legislature. introduced Bill 85, Teachers’ Under the provisions of the Pension Plan Act. The legislation Sessional Order, the Public formalized the agreement for Accounts Committee is required New Brunswick pension reform between the to have 10 meetings between provincial government and September 11, 2013 and The Fourth Session of the 57th the New Brunswick Teachers’ September 11, 2014. Currently, Legislative Assembly opened on Federation. The new pension plan this committee held its sixth and November 5, 2013, and adjourned will no longer require special seventh meetings between the on May 21, 2014, sitting a total payments, and will eliminate the end of June and the beginning of of 69 days. Of note during the deficit facing the current plan. July 2014. session was the referral of the The public service and MLAs budgetary estimates of certain have also undergone pension Resignation government departments by the reform this session, moving to a House to three separate standing On May 16, 2014, Frank shared risk pension model. committees; this occurred for Whitehead resigned as the MLA only the second time. The House Wayne Steeves, Member for for The Pas due to health and referred the estimates of the Albert, introduced Bill 86, An family reasons. First elected in a Department of Health to the Act Respecting Floor Crossing. by-election in March 2009, Mr. Standing Committee on Health The Private Member’s Public Bill Whitehead was then re-elected in Care and the estimates of the requires a Member who ceases the 2011 general election. He is Department of Education and to belong to the caucus of a the former Chief of Opaskwayak Early Childhood Development political party to either sit as an Cree Nation and served in several to the Standing Committee Independent Member or resign First Nation organizations prior on Education. The Standing his or her seat. to being elected as MLA. In the Committee on Estimates also Bill 87, Fiscal Transparency and Manitoba Legislative Assembly, considered various estimates Accountability Act, introduced Mr. Whitehead served as a along with the Committee of by Higgs, is intended to bring government backbencher and Supply, which is the usual more accountability to budgeting in the current legislature he was practice. A motion was adopted and the costing of election a permanent member of the to extend the hours allocated for promises. Governments will now Standing Committee on Public the consideration of estimates be required to set out a multi- Accounts. to a total of 120 hours, 40 hours year plan to return to balanced

52 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 budgets. If a deficit is recorded, role of the Opposition, Justice four pieces of legislation, it must be reduced by at least Minister Troy Lifford spoke including two supplementary $125 million, and if a surplus on the role of Cabinet, and the appropriation bills dealing is reported, a surplus is then Member for Victoria-Tobique, with both infrastructure and required the following year. Wes McLean, spoke on the role operations expenditures. Failure to meet these objectives of an MLA. Julian A.G. Dickson, The Assembly also considered could result in cabinet ministers Judge of the Provincial Court of and adopted An Act to Amend the paying an administrative penalty New Brunswick, spoke on the Elections and Plebiscites Act. The of $2500. Under the legislation, role of the judicial branch. amendments contained in the each registered political party Change to Caucus bill included increased access to will be required to either publish mobile polls and absentee ballots; the estimated costs of its election On June 27, Bev Harrison, changes to produce a more promises, or publicly state that Member for Hampton-Kings, accurate voters’ list; expanded no estimate has been prepared. announced that he would be opportunities for vouching; The mandate of the Legislative seeking the New Democratic and general clarification of Library will be expanded to Party’s nomination in the procedures and processes. provide support to the political upcoming provincial election. parties seeking information to Since his first election in 1978, All bills received assent calculate the estimated costs of Harrison has served in the from the Commissioner of the their election promises. A formal Assembly for approximately Northwest Territories, George L. access-to-information protocol 24 years as a Progressive Tuccaro, on June 5, 2014. will be implemented to ensure Conservative. A former Speaker, Four additional bills were the library is able to fulfill this he now sits as an Independent also introduced, received first mandate. A political party that Member. and second reading and were does not follow the requirements referred to a standing committee of the legislation will be subject to Election for consideration during the a legal process that could result The upcoming provincial summer and fall months. in the loss of its annual operating election is scheduled for Committees are expected to allowance under the Political September 22. Recent changes to report back on legislation when Process Financing Act. the electoral boundaries reduced the House reconvenes on October the number of ridings from 55 to 16, 2014. Student Parliament 49. Committees The 25th Annual Student Legislative Seminar was held Standings Michael Nadli, Chair of April 25-27, 2014. A total of The current House standings the Standing Committee on 48 students from various are 41 Progressive Conservatives, Government Operations, high schools participated, 13 Liberals and 1 Independent. presented the Committee’sReport representing all areas of the on the Review of the 2014 Report province. The seminar is a John-Patrick McCleave of the Auditor General of Canada non-partisan program open to Committee Clerk-Research Assistant on Northwest Territories Child and Grade 11 and 12 students. The Family Services. The Committee students were welcomed to the met with the Assistant Auditor Legislative Assembly by Speaker General and senior officials from Dale Graham. Throughout the Department of Health and the weekend, the students Social Services in late April, 2014 attended various lectures which to consider the Auditor General’s focused on the three branches of The Northwest Territories report, which was generally government: legislative, executive deemed to be extremely and judicial. Premier David The Fifth Session of the critical of current practices and Alward spoke on the role of the 17th Legislative Assembly procedures. Premier and the challenges and reconvened on May 28, 2014. The Standing Committee’s responsibilities of that office. The During the seven-day sitting the final report contained 30 Leader of the Official Opposition, House considered and adopted recommendations relating Brian Gallant, spoke on the

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 53 to the improvement of an Northwest Territories of his accountability framework, the government’s intent to introduce development of standards and amendments to the Northwest procedures, and training of child Territories Act which would allow protection workers. The report the 17th Assembly the authority was considered in the House on to vary its term of office. June 2, 2014, with all 30 motions Currently the fixed election being adopted by the Assembly. date is scheduled for October 5, The Department is required to 2015. If the proposed amendment respond to the Committee report to the Northwest Territories Act within 120 days. is adopted by the Parliament Ontario The Standing Committee of Canada, further discussion on Government Operations regarding the proposed change Budget 2014 also released its report titled in the Northwest Territories Establishing an Office of the election date is expected to take On May 1, 2014, Finance Ombudsman for the Northwest place during the fall sitting. Minister Charles Sousa presented Territories on June 4, 2014. The Ontario’s 2014 Budget. This was report was tabled in response Elders’ Parliament the second budget presented to an earlier motion of the Jackie Jacobson, Speaker under Premier Kathleen Wynne Assembly which referred the of the Legislative Assembly, in the then-minority parliament. matter of the establishment of hosted the third biennial Elders’ Following public statements in an ombudsman’s office to the Parliament from May 5-9, 2014. which both opposition leaders Standing Committee for research, Eighteen elders from across the stated their parties would not review and analysis. The report territory were selected to take be supporting the budget, the is available online for public part in the program. Elders Premier met with the Lieutenant comment and review over the participated in meetings and Governor to seek the dissolution summer and early fall and is briefings, enjoyed social events of Parliament. Lieutenant expected to be considered by the and long and lively debates. Governor David C. Onley th Assembly during the October/ During the model parliament dissolved the 40 Parliament on November sitting. session, motions requesting May 2, 2014, and issued the writs for Ontario’s 41st general election Bob Bromley, Chair of the a moratorium on hydraulic on May 7, 2014. The anomaly Standing Committee on Rules fracturing (fracking) within of issuing the writs several and Procedures, presented that the Northwest Territories and days following the dissolution Committee’s report titledReport addressing the high cost of of Parliament was a result of on the Review of the Auxiliary living and the establishment of Ontario’s fixed election date Report of the Chief Electoral community-based traditional legislation. The Election Act states Officer on Issues Arising from knowledge centres were that the writs for elections must the 2011 General Election to the introduced, debated and adopted be issued on a Wednesday and Assembly on June 4, 2014. The by the elder parliamentarians. that general elections must be report contained 14 additional held on a Thursday. The “early” recommendations to amend the Gail Bennett dissolution of a parliament is not Elections and Plebiscites Act. All Principal Clerk, Corporate and contemplated in the Act. motions were once again adopted Interparliamentary Affairs by the Assembly during debate Election on June 5, 2014. A further set of The Ontario general election amendments to the Elections was held on June 12, 2014. Prior and Plebiscites Act is expected to to dissolution, the composition be introduced in the Assembly of the 107 member House was during the fall sitting. as follows: Liberals 48 seats; Term Extension Request Progressive Conservatives 37 seats; New Democrats 21 seats; The Prime Minister of Canada and 1 vacant seat. advised the Premier of the

54 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 The election resulted in the Member for Etobicoke North, which carried by a vote of 57 to Liberals gaining 10 seats and Shafiq Qaadri. 36 two days later. The Minister of changing the composition On the third ballot, Levac was Finance also reintroduced Bill 14, of the House to a governing elected Speaker for the second Building Opportunity and Securing majority. The composition of time. Speaker Levac has been a Our Future Act (Budget Measures), st the 41 Parliament is as follows: Member of the Assembly since 2014. Liberals 58 seats; Progressive 1999. Conservatives 28 seats; and New Committees Democrats 21 seats. The House also appointed its Ontario’s nine Standing other presiding officers: Following the election, the Committees were appointed • Bas Balkissoon as Deputy Member for Niagara West- on July 16, 2014. The Standing Speaker and the Chair of Committee on Finance and Glanbrook, Tim Hudak, the Committee of the Whole announced his resignation House; Economic Affairs met for one day of public hearings and one day as Leader of the Progressive • Ted Arnott as First Deputy Conservative Party, effective July Chair of the Committee of the of clause-by-clause consideration 2, 2014. The Party has appointed Whole House; of the budget bill. The bill was the Member for Simcoe-Grey, • Rick Nicholls as Second reported to the House on July Jim Wilson, as the interim leader Deputy Chair of the Committee 23, 2014, without amendment, and the Speaker has recognized of the Whole House; and and received Third Reading and him as the Leader of the Official • Paul Miller as Third Deputy Royal Assent the following day. Opposition. Chair of the Committee of the The Select Committee on Whole House. Developmental Services was Members Take Their Oath Throne Speech reconstituted in order to re-adopt On July 2, 2014, during a its final report from the previous On July 3, 2014, Lieutenant ceremony held in the Chamber, parliament. The report, entitled Governor Onley delivered his Members took their oath Inclusion and Opportunity: A New last Speech from the Throne. simultaneously with Lieutenant Path for Developmental Services in Prior to beginning, expressed Governor Onley presiding. This Ontario, was tabled on July 22, his appreciation for the support was the first time in Ontario’s 2014. afforded to his office over the last history that the Lieutenant seven years. Before the House adjourned Governor has administered for the summer on July 24, 2014, the oaths this way. During the New Lieutenant Governor the Standing Committee on ceremony, Canadian astronaut On June 26, 2014, Prime Estimates received authorization Chris Hadfieldled the Members to meet commencing on in the singing of the national Minister Stephen Harper announced the appointment September 30, 2014. The rest of anthem. Members were then the Committees will next meet required to sign the roll before of Elizabeth Dowdeswell as Ontario’s 29th Lieutenant when the House reconvenes on taking their seats later that day October 20, 2014. for the election of the Speaker. Governor. Ms. Dowdeswell’s public service career includes Election of Speaker positions at the provincial, Tamara Pomanski federal and international levels. Committee Clerk The 1st Session of the 41st Her past roles have included: Parliament began on July 2, Deputy Minister of Culture and 2014, with the election of the Youth in Saskatchewan, Assistant Speaker. The five candidates Deputy Minister at Environment nominated were: the Member Canada and an Executive for Parkdale-High Park, Cheri Director of the United Nations’ DiNovo; the Member for Brant Environment Program. and previous Speaker, Dave Levac; the Member for Hamilton Budget East-Stoney Creek, Paul Miller; the Member for Chatham-Kent- On July 14, 2014, the Minister of Finance, Charles Sousa, Essex, Rick Nicholls; and the presented Ontario’s 2014 Budget

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 55 across the province, debated July, the review indicates the the motion, “Be it resolved that province’s population is 145,237, today’s youth are prepared to an increase of 0.05 per cent and build the Canada of their future, the only Atlantic province to carrying on the work of the show population growth in 2013. Fathers of Confederation.” Their Economic growth was recorded Royal Highnesses also toured at 1.3 per cent and 74,100 persons the Confederation Chamber were employed. where the delegates to the Charlottetown Conference met in September, 1864. Prince Edward Island Play and Lecture at Province House Fourth Session of the Sixty- Fourth General Assembly A number of special events are happening this year to mark The Fourth Session of the the sesquicentennial of the Sixty-fourth General Assembly Charlottetown Conference. To adjourned to the call of the date, one of the most popular has Speaker on May 14, 2013, after been a dramatized lecture held a spring sitting of 23 days. One in the Legislative Chamber in Saskatchewan bill and 65 motions remain on mid-June. While the “Fathers of the Order Paper. The Assembly Confederation” were meeting in End of Session will reconvene on November 12, Charlottetown in 1864, life in the 2014, according to Prince Edward countryside was going on much The spring sitting, which Island’s parliamentary calendar. as it had been for decades, and concluded on May 14, 2014, saw Rotary Youth Parliament the concerns of rural Islanders Lieutenant Governor Vaughn were very much focused issues Solomon Schofield give Royal The annual Rotary Youth to do with the land. The rural Assent to 30 bills including an Parliament took place at Province Islander mindset from 150 years appropriation bill to defray the House from May 1-2, 2014. Now ago was evoked in a special expenses of the public service. in its 26th year, the long-running lecture/performance featuring Ed Throughout the sitting, the project is a partnership among MacDonald from the University Assembly and committees spent the Speaker’s and Clerk’s offices, of Prince Edward Island. He almost 47 hours considering the Department of Education, spoke on a “Land of One’s Own. bills and just over 75 hours District School Boards, volunteer Prince Edward Island in the considering estimates. teacher advisors and Rotary Confederation Era.” The talk Clubs across Prince Edward was illustrated with vignettes Cabinet Shuffle Island. While debating topics of – words and music – from the Premier Brad Wall re- current interest, the students had theatrical production of Andrew organized government and the opportunity to experience the Macphail’s classic memoir The introduced a new provincial fashions of 1864, as they dressed Master’s Wife, scheduled to be cabinet on June 5, 2014. Eight in the style of the Fathers (and performed this summer at the ministers retained their Mothers) of Confederation. Orwell Corner Village Hall. The portfolios, six ministers changed performance played to a capacity Youth Parliament Attended by portfolios and three members crowd. Their Royal Highnesses entered cabinet for the first time. th The eight ministers that remain On May 20, 2014, Their Royal 40 Annual Statistical Review in their current portfolios are: Highnesses The Prince of Wales This year marks the 40th and The Duchess of Cornwall • Ken Krawetz remains as time the Annual Statistical Deputy Premier and Minister attended a Youth Parliament Review has collected key data of Finance; in the historic Legislative about Prince Edward Island’s • Bill Boyd remains as Minister Chamber at Province House. economy, population and social of the Economy, and Minister Sixteen young people, from all makeup. Released in early responsible for SaskPower and

56 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 the Global Transportation Hub Investments Corporation, Saskatchewan. The Standing and adds responsibility for Saskatchewan Liquor and Committee on House Services Energy and Resources; Gaming Authority (SLGA), met on June 13, 2014 and adopted Saskatchewan Government • Dustin Duncan remains as a number of motions to change Minister of Health; Insurance, the Public Service Commission and the membership on the standing • Don Morgan remains as the government’s Lean committees. Each of the four Minister of Education, Minister Initiative. policy field committees met of Labour Relations and Workplace Safety and Minister The three MLAs that enter subsequently and elected new responsible for the Workers’ cabinet for the first time are: Chairs of their committees: Compensation Board; • Jennifer Campeau becomes • Herb Cox - The Standing • Jim Reiter remains as Minister Minister of Central Services Committee on Crown and of Government Relations and and Minister responsible for Central Agencies; Minister responsible for First Saskatchewan Transportation • Gene Makowsky - The Nations, Métis and Northern Corporation; Standing Committee on the Affairs and adds responsibility • Mark Docherty becomes Economy; for SaskEnergy; Minister of Parks, Culture and • Greg Lawrence - The Standing • Lyle Stewart remains as Sport and Minister responsible Committee on Human Minister of Agriculture and for the Provincial Capital Services; Minister responsible for Commission; and • Laura Ross - The Saskatchewan Crop Insurance • Scott Moe becomes Minister Corporation; Standing Committee on of Environment and Minister Intergovernmental Affairs and • Christine Tell remains as responsible for SaskWater and Justice. Minister responsible for the Water Security Agency. Corrections and Policing; Lobbyist Registrar and Ken Cheveldayoff has become the Government House • Gordon Wyant remains The Lobbyists Act received as Minister of Justice and Leader while Corey Tochor Royal Assent on May 14, Attorney General and becomes Deputy House Leader. 2014. This legislation creates a adds responsibility for Nadine Wilson has been new Officer of the Legislative SaskBuilds. named Provincial Secretary Assembly of Saskatchewan The following six ministers and Legislative Secretary to the (LAS). The Conflict of Interest have changed portfolios: Premier. Greg Brkich, Larry Commissioner, Ron Barclay, has • Kevin Doherty becomes Doke, Wayne Elhard, Victoria been tasked with the new role Minister of Advanced Jurgens, Warren Michelson as the Registrar for Lobbyists. Education and Minister and Roger Parent have all The LAS is currently assisting responsible for SaskTel; been designated Legislative in the recruitment process for • Donna Harpauer becomes Secretaries. two permanent positions in the Minister of Social Services Registrar of Lobbyists office. and Minister responsible Changes to the Board of Internal for Saskatchewan Housing Economy New Officer of the Assembly Corporation and the Status of Women; Membership on the Board of On May 13, 2014, the • Jeremy Harrison becomes Internal Economy (BOIE) was Assembly adopted a motion for the Associate Minister of the changed on June 5, 2014. June a Humble address calling on the Economy responsible for Draude was removed as the Lieutenant Governor to appoint trade, tourism, innovation and Executive Council nominee and Ronald J. Kruzeniski as the immigration; Mr. Harrison was appointed in new Information and Privacy • Nancy Heppner becomes her place. Mr. Cheveldayoff was Commissioner of Saskatchewan. Minister for Highways appointed as the Government and Infrastructure and Mr. Kruzeniski began his five Minister responsible for Caucus nominee. year term on July 1, 2014. the Saskatchewan Gaming Corporation; Changes to Committee Portrait of Lieutenant Governor membership • Tim McMillan becomes Displayed Minister responsible for Rural Changes were made on June The official portrait ofGordon and Remote Health; and 13, 2014 to the composition L. Barnhart was unveiled on • Don McMorris becomes of the standing committees of May 5, 2014. Mr. Barnhart served Minister responsible for Crown the Legislative Assembly of

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 57 as the 20th Lieutenant Governor Bill No. 12, Third Appropriation Bill No. 74, Act to Amend the of Saskatchewan from 2006 to Act, 2013-14 Vital Statistics Act (modernizes 2012. He also served as the Clerk Bill No. 13, Interim Supply the Act in respect of recognizing of the Legislative Assembly Appropriation Act, 2014-15 the rights of same-sex parents in of Saskatchewan from 1968 to registering the birth of a child) 1989 and the Clerk of the Senate Bill No. 15, First Appropriation from 1989 to 1994. The portrait, Act, 2014-15 (Premier and Finance Private Members’ Bills by artist Cyril Leeper, will be Minister Darrell Pasloski’s During the Spring Sitting, displayed permanently in the territorial budget, in excess of 1.3 three private members’ bills were Legislative Building’s Qu’Appelle billion dollars) introduced (all by members of the Gallery which contains the Bill No. 67, Act to Amend Official Opposition): the Income Tax Act portraits of all the province’s past (reduces Bill No. 103, An Act to Respect Lieutenant Governors. the small-business corporate Voters and Stop Floor Crossing income tax rate, and mirrors a (would require any MLA seeking Conference Act federal amendment in the ’s to switch parties to either “sit as The Saskatchewan Legislative administrative rules) an independent, or run in a by- Library will host The Association Bill No. 68, Act to Amend election”) of Parliamentary Libraries in the Employment Standards Act Bill No. 104, Paid Lobbying Canada/ L’Association des (expands leave-without-pay bibliothèques parlementaires Act (would establish a registry provisions for employees with for paid lobbyists, and require au Canada (APLIC-ABPAC) children who are either critically and Parliamentary Researchers members of Executive Council to ill or who have, as a result of file returns with the registrar) Conference from September 8-12, crime, died or disappeared) 2014 in Regina, Saskatchewan. Bill No. 105, Act to Amend the Bill No. 69, Act to Amend the Vital Statistics Act (No. 2) Rob Park Fatal Accidents Act (expands provisions for awarding damages During Opposition Private Committee Clerk to family members of the Members’ Business on May deceased) 14, Bill No. 105, standing in the name of Lois Moorcroft, Act to Amend the Bill No. 70, received second reading, and Public Utilities Act (amends the some consideration in Committee meaning of “public utility” in the of the Whole (progress was Act ) reported). The bill’s intent is to Bill No. 71, Act to Amend facilitate the work of the Truth the Summary Convictions Act and Reconciliation Commission (improves/clarifies processing by providing exemptions to the Yukon and court procedure re: tickets) moratorium on accessing death Bill No. 72, Act to Amend records. On May 15, the 2014 Spring the Government Organisation Auditor General’s Report Sitting of the First Session of Act (modernizes/consolidates rd the 33 Legislative Assembly provisions re: appointment of On June 10, the Standing adjourned. The 30-day sitting, Executive Council, and makes the Committee on Public Accounts which had convened on March provisions congruent with the (chaired by Leader of the Official 25, concluded with Assent being federal Yukon Act) Opposition Liz Hanson) held a given in the Chamber by the public hearing in the Chamber, Bill No. 73, Act to Amend Commissioner of Yukon, Doug to consider a report released in the Environment Act (gives Phillips. February by the Auditor General certain powers to the Minister, of Canada, Michael Ferguson. Assent provides for a regulatory Report of the Office of the Auditor framework for the remediation Over the course of the Spring General of Canada to the Yukon of a contaminated site, gives Sitting, the following 11 bills Legislative Assembly – 2014: power to enforcement officers re: (all Government bills) received Yukon Family and Children’s inspection) Assent: Services – Department of Health

58 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 and Social Services assessed the and community organizations. the closure of the territory’s manner in which the Department The progress report also noted Canadian Cancer Society office, carries out its responsibilities the Committee had held public had been championed by former “for the protection and well- proceedings in the Legislative Commissioner Geraldine Van being of at-risk children, youth Assembly Chamber on January Bibber. and their families.” Before the 31, February 1, and May hearing, the Committee was 27-28, 2014, to facilitate an Linda Kolody advised by officials from the informed public dialogue on the Deputy Clerk Auditor General’s Office. During Committee’s eponymous subject the hearing, the Committee matter. questioned witnesses from the In order to gather input from Department of Health and Social the Yukon public, First Nations, Services, and also addressed and stakeholders, the Committee questions to Mr. Ferguson. The had scheduled public hearings in Committee will prepare a report a number of Yukon communities on the hearing which will be on a request-driven basis in tabled in the House at a future addition to the two communities date. expressly stipulated in the Hydraulic Fracturing Committee Committee’s mandate (Old Crow and Watson Lake). The first four The Select Committee of a total of 12 hearings were The House of Commons Regarding the Risks and Benefits held in late June in Watson Lake, of Hydraulic Fracturing (RBHF), Teslin, Old Crow, and Dawson The Second Session of the tasked with reporting its findings City. In July, public hearings Forty-First Parliament continued and recommendations on a policy were held in Ross River, Faro, and the House adjourned for the approach to hydraulic fracturing Carmacks, Pelly Crossing and summer break on June 20, 2014. to Yukon’s Legislative Assembly, Mayo. In September, public This report covers the period continues to be quite active. hearings will be held in Haines from May 1 to July 31, 2014. Established in the 2013 Spring Junction, Carcross and Tagish Sitting, with its membership (jointly), and Whitehorse. Legislation amended that fall, the Committee On May 27, 2014, the House was initially scheduled to report Information concerning adopted a motion which, by the end of the 2014 Spring the committee and its work amongst other provisions, Sitting; its reporting deadline has can be found at: http://www. temporarily set the ordinary been extended to the 2014 Fall legassembly.gov.yk.ca/rbhf.html hour of daily adjournment until Sitting. Speaker’s Yukoners Cancer Care the summer adjournment to On June 19, the RBHF Fund Reception midnight, Monday to Thursday Committee issued a news On April 23, Speaker David (with some exceptions). release, as well as a progress Laxton hosted the second annual Accordingly, the Government report. The latter noted: the Speaker’s Reception in Support succeeded in accomplishing Committee had spent “over of the Yukoners Cancer Care a substantial portion of its 70 hours in meetings, learning Fund. Open to all Yukoners, legislative agenda. Noteworthy about the process of hydraulic the reception was held in the among the bills which received fracturing and the context of the lobby of the Yukon Government Royal Assent were Bill C-23, An legislative and regulatory regime administration building which Act to amend the Canada Elections for oil and gas in Yukon”; the houses the Legislative Assembly Act and other Acts and to make Committee had received briefings Chamber. The evening raised consequential amendments to from numerous individuals over $18,000 for the fund, which certain Acts, better known by its and groups; and in January, it “provides financial support to short title, the Fair Elections Act had travelled to Alberta to tour Yukoners fighting cancer and and Bill C-24, An Act to amend an active hydraulic fracturing their families that are caring the Citizenship Act and to make site, and meet with industry for them.” The establishment consequential amendments to other representatives, regulators, of the fund in 2013, following Acts.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 59 Peter Julian (Burnaby—New Points of Order Government’s use of Standing Westminster) rose on a point Order 56.1, which specifies that On May 6, 2014, Elizabeth of order on May 30, 2014, with “in relation to any routine motion May (Saanich—Gulf Islands) rose respect to the notice of time for the presentation of which on a point of order pertaining allocation given on May 29, 2014 unanimous consent is required to her ability as an independent by Peter Van Loan, Leader of and has been denied, a Minister Member to put forth amendments the Government in the House of the Crown may request with respect to Bill C-23, the Fair of Commons, in relation to Bill during Routine Proceedings that Elections Act. Ms. May maintained C-17, An Act to amend the Food the Speaker propose the said that the mechanism (suggested in and Drugs Act. Mr. Julian alleged question to the House.” The an earlier ruling from the Chair) that the Government had failed motion is adopted unless 25 or permitting independent Members to consult with the opposition more Members rise to object to to submit and speak briefly to parties in the manner required it. The dispute, initiated by Mr. amendments in committee had before the moving of a motion Julian, centered on the question failed to function appropriately pursuant to Standing Order 78(3). of what constituted a “routine in the Standing Committee on In a ruling delivered on June 12, motion” for the purposes of the Procedure and House Affairs 2014, the Speaker concluded that, Standing Order. It is important to and that she was left with no since it was not the role of the note that the motion in question alternative but to ask that the Speaker to determine whether was a motion of instruction to Speaker permit her to submit her consultations had taken place or the Standing Committee on amendments for consideration not, the notice of time allocation Procedure and House Affairs at report stage. The Speaker for Bill C-17 was valid when it directing it to investigate ruled, on May 7, 2014, that the was given. allegations of the inappropriate imposition of a deadline for the use of House of Commons end of the debate in committee Financial Procedures resources by the New Democratic did not constitute a justifiable Party and ordering Leader of All votes related to the argument for the selection of the Official Opposition Thomas ministries of Transport and amendments at report stage Mulcair to appear in a televised Finance in the Main Estimates that were already presented meeting of the Committee; this for the fiscal year ending March and defeated in committee, and was a motion that it would be 31, 2015, were considered in accordingly, he declined Ms. difficult to classify as “routine” a Committee of the Whole, May’s request. pursuant to Standing Order no matter what criteria were 81(4)(a), on May 7 and 14, 2014, On May 8, 2014, Élaine used in this regard. Also at issue respectively. Main Estimates for Michaud (Portneuf—Jacques- were the potential difficulties the fiscal year ending March 31, Cartier) rose on a point of of the current requirements 2015, were concurred in on June order with respect to the fact of the Standing Order for 10, 2014. that a document distributed to smaller parties. The point of all Members in the Chamber During consideration in order was raised after Mr. by Peter Goldring (Edmonton Mulcair had already appeared Committee of the Whole of Bills East) had been in English only. C-38 and C-39, based on the Main in front of the Committee. In The Speaker replied that, while his ruling, delivered on June and Supplementary Estimates Members were at liberty to for the year ending March 31, 12, 2014, the Speaker noted distribute documents and to that the understanding of what 2015, Mathieu Ravignat (Pontiac) ignore material so distributed, asked the Chair the customary constitutes a routine motion had it was desirable that Members been allowed to expand over the question as to whether the bills follow the usual protocol with were in their usual form. Mr. Van years, a development that had respect to the distribution of caused concern to successive Loan then advised the Chair that documents. Chief Government the form of the Bills had been Speakers. He observed that Whip John Duncan suggested changed to present organizations the motion in question was an that the party whips remind their attempt to direct the internal in alphabetical order, as shown in caucuses of the accepted practice the Estimates. affairs of a Committee, thus in this regard. stepping beyond what the House A dispute arose on May had come to accept as being 16, 2014, with regard to the within the confines of Standing

60 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 Order 56.1. He said that he the Standing Committee on The Standing Committee would have been inclined to Agriculture and Agri-Food to on Justice and Human Rights rule the motion out of order had Bill C-30, An Act to amend the continued to sit during the month the matter been raised within a Canada Grain Act and the Canada of July in order to complete its reasonable delay. He encouraged Transportation Act and to provide consideration of Bill C-36, An Mr. Julian to take up the matter for other measures, the Speaker Act to amend the Criminal Code of fairness for smaller parties of ruled that, in the case of a bill in response to the Supreme Court a Standing Order that requires a referred to a committee after of Canada decision in Attorney minimum of 25 Members to stand second reading, an amendment General of Canada v. Bedford and in order for it to be withdrawn is inadmissible if it proposes to to make consequential amendments with the Standing Committee on amend a statute that is not before to other Acts. This bill is the Procedure and House Affairs. the Committee or a section of Government’s response to the On June 11, 2014, during the parent act, unless the latter Supreme Court’s invalidating Routine Proceedings, Mr. Julian is specifically amended by a of the existing Criminal Code moved a motion of instruction, clause of the bill. Accordingly, he provisions with respect to granting the Standing Committee declared null and void one new prostitution. On July 15, 2014, on Justice and Human Rights clause and the amendments to the Committee completed clause- the power to divide Bill C-13, several other clauses in the bill, by-clause consideration of the An Act to amend the Criminal and ordered that they be struck bill and ordered that the Chair Code, the Canada Evidence Act, the from the bill as reported and that report the bill, as amended, to the Competition Act and the Mutual it be reprinted. House. Legal Assistance in Criminal On May 2, 2014, the Speaker At the time of the summer Matters Act, into two bills: the ruled on a point of order raised adjournment, the Standing first related to cyberbullying; by Wayne Easter (Malpeque) Committee on Procedure and and the second bill containing on April 9, 2014, concerning House Affairs was conducting all the other provisions of Bill amendments contained in the a study on the use of House C-13 related to other online Third Report of the Standing of Commons resources by the activity. Mr. Van Loan rose on a Committee on Public Safety and Official Opposition. In a televised point of order, arguing that the National Security on Bill C-483, An meeting of the Committee on motion was out of order as an Act to amend the Corrections and May 15, 2014, the Leader of the almost identical motion had been Conditional Release Act (escorted Official Opposition, Mr. Mulcair, debated and was already on the temporary absence), presented in appeared before the Committee Order Paper. Mr. Julian countered the House on April 2, 2014. Mr. and mounted a spirited defense that the rule of anticipation was Easter alleged the amendments of his party’s conduct. In a ancient and no longer strictly had caused the bill to move subsequent meeting held on observed. The Speaker ruled that significantly away from its June 18, 2014, the Committee upon examination of the two original intent and principle. The heard evidence from Marc motions, it was clear to him that Speaker, in his ruling, stated that Bosc, Deputy Clerk of the they were substantially the same he could see nothing in the Bill House of Commons; Richard and, accordingly, ruled against as amended by the Committee Denis, Deputy Law Clerk and proceeding with the motion which would alter its aims and Parliamentary Counsel; and before the House. intent, namely the limiting of Mark Watters, Chief Financial the power of institutional heads Officer on the same subject. Committees to grant escorted temporary Private Members’ Business Amendments adopted in absences and providing a committee were challenged on a role for the National Parole Numerous private members’ number of occasions. In a ruling Board in the granting of such bills have been passed by the delivered on May 1, 2014, on a absences. He therefore found House since the last election point of order raised on April that the amendments adopted — one of the most prolific 10, 2014, by Brent Rathgeber by the Committee were indeed periods for such bills ever. Since (Edmonton—St. Albert), in keeping with the scope and last October only, five private regarding the admissibility principle of the bill as adopted Members’ bills have received of an amendment adopted by at second reading and were Royal Assent. One of the private admissible.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 61 Members’ bills passed by the of his or her parliamentary duties House during the period covered and functions. The amendments by this report — C-442, An Act also renamed the Code to the respecting a Federal Framework on Ethics and Conflict of Interest Lyme Disease — was sponsored Code for Senators. The report was by an independent Member adopted prior to the summer of Parliament, Elizabeth May adjournment. (Saanich—Gulf Islands). Senators Other Matters Four Senators either resigned Members or reached the mandatory age of By-elections were held on retirement during the late spring June 30, 2014, in four federal sitting. The two who resigned ridings. John Barlow (CPC) The Senate were Senators Hugh Segal and David Yurdiga (CPC) were and Roméo Dallaire. Senators respectively elected in Macleod During the late spring session, Andrée Champagne and and Fort McMurray—Athabasca the Senate was busy examining Catherine Callbeck reached the (Alberta), while Adam Vaughan legislation with the passage mandatory retirement age of 75. (LPC) and Arnold Chan (LPC) of 13 government bills (two of The first to depart was Ontario were elected in Trinity—Spadina which were introduced in the Senator Segal, an Order of and Scarborough—Agincourt Senate), four Commons Public Canada Recipient and former (Ontario), respectively. Bills and two Senate Public Bills. Chief of Staff to Brian Mulroney. Statements, Resolutions, Special The government bills included Senator Segal was named to the Debates the budget implementation bill, Senate in 2005 by Prime Minister supply bills and also Bill C-24, Paul Martin and served on many An emergency debate was held An Act to amend the Citizenship committees, including as Chair of on May 12, 2014, on the subject Act and to make consequential the Special Senate Committee on of the kidnapping of girls in amendments to other Acts, which Anti-terrorism and the Standing Nigeria. had been sent to the Standing Senate Committee on Foreign The House adopted a Senate Committee on Legal Affairs and International Trade. resolution commemorating the and Constitutional Affairs for Senator Segal resigned effective 100th anniversary of the birth of pre-study prior to it coming June 15 to become Master of Jan Karski, on May 15, and the before the Senate. C-24 changed Massey College in Toronto. th 25 anniversary of the Tiananmen legislative provisions relating Quebec Senator Dallaire Square events on June 4. to Canadian citizenship in the resigned his seat in the Senate Motions ratifying the areas of eligibility requirements, effective June 17. Also an Order proposed appointment of security and fraud, as well as of Canada recipient named to Daniel Therrien to the position application processing and the Senate by Prime Minister of Privacy Commissioner and review of decisions. During these Martin, Senator Dallaire, a retired reappointment of Mary Elizabeth three months, 16 bills received General, had served as Major- Dawson to the position of Royal Assent which included General of the United Nations Conflict of Interest and Ethics both written declarations and one Assistance Mission for Rwanda. Commissioner were adopted on traditional ceremony. He served on several Senate June 5 and 12, 2014. Committees committees, most notably on On June 4, 2014, the House National Security and Defence, Just before the summer resolved itself into Committee of where he was Vice-Chair and adjournment, the Standing the Whole in order to welcome the Chair of its subcommittee on Committee on Conflict of Olympic and Paralympic athletes, Veterans’ Affairs. Interest for Senators presented with the Speaker presiding over A third Prime Minister Martin a report amending the Conflict the Committee of the Whole. appointee, Quebec Senator of Interest Code for Senators. The Champagne retired on July 17. amendments related to the duty Gary Sokolyk An actress and Pianist, Senator of a Senator and the performance Table Research Branch Champagne had previously

62 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 been elected twice to the House for the office of President, debates upon adjournment, of Commons where she was the Jacques Chagnon, Member for business standing in the name first woman appointed its Deputy Westmount–Saint-Louis, was of Members in opposition and Speaker. Senator Champagne was declared elected for a third term interpellations, as well as on the most recently the Deputy Chair of office. distribution of speaking times for of the Standing Senate Committee adjournment debates. on Official Languages. Passage of bills and debate on the budget speech On June 13, 2014, the President Prince Edward Island Senator gave a ruling on a complaint of Callbeck retired from the Senate During the short sessional breach of privilege or contempt on July 25. Before becoming a period which ended on June 13, raised by the Member for Sainte- Senator in 1997 on the advice of 2014, the Assembly passed five Marie–Saint-Jacques. In her Prime Minister Jean Chrétien, bills: notice, the Member alleged that Senator Callbeck had served as Bill 52, An Act respecting end-of- the Member for Jean–Lesage Premier of Prince Edward Island. life care, which was carried over had addressed her using an She was the first woman ever to almost in its entirety from the inappropriate tone of voice while be elected as Premier in Canada. previous legislature; making an intimidating gesture at Senator Callbeck served on Bill 1, An Act respecting her. The President recalled that, numerous committees and was the inspector general of Ville de as established by jurisprudence, a particularly active member of Montréal; he must accept a Member’s word the Committee on Social Affairs, even though the situation calls Science and Technology and its Bill 4, An Act to amend the Act into question certain elements subcommittee on Population authorizing the making of collective that he himself did not witness. Health. agreements with a term of more However, the rules governing the than three years in the public and Assembly require Members to act Vanessa Moss-Norburry parapublic sectors; with kindness and rectitude to Procedural Clerk Bill 5, An Act to amend the Act to ensure respect for parliamentary limit oil and gas activities and other privilege, thus allowing them legislative provisions; and to perform their duties freely, Bill 7, An Act to ratify the without interference. Though agreement relating to the conduct the question of privilege was of proceedings in the National declared admissible, there Assembly and in parliamentary were no further consequences, committees as well as to since the Member for Sainte- parliamentary offices and budgetary Marie–Saint-Jacques did not aspects for the duration of the 41st state an intention to present a Legislature. motion regarding the conduct National Assembly of the Member for Jean–Lesage. The debate on the budget The Member sent a letter to the speech concluded at the President in which he explained General election and last sitting and, following a composition of the Assembly his version of the facts and recorded division, the motion apologized to the Member for The composition of the by the Minister of Finance for Sainte-Marie–Saint-Jacques. National Assembly has been as the Assembly to approve the During the same sitting, the follows since the general election Government’s budgetary policy President gave another ruling on of April 7, 2014: Québec Liberal was carried. a complaint of breach of privilege Party, 70 seats; Parti québécois, Directive and rulings by the or contempt raised by the Official 30 seats; Coalition avenir Québec, President Opposition House Leader, who 22 seats; 3 independent Members put forward that the Minister were elected under the banner of On May 26, 2014, the of Municipal Affairs and Land Québec solidaire. President gave a directive on the Occupancy had allegedly been management of oral question The first session of the 41st in contempt of Parliament by period and the distribution of legislature began on May releasing the content of Bill 3, control measures and speaking 20, 2014. The sole candidate An Act to foster the financial health times for statements by Members,

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2014 63 and sustainability of municipal duration of the 41st Legislature. the parliamentary group forming defined benefit pension plans, In this regard, three elements are the Government and the groups before it was introduced in the worthy of mention. in opposition. Of the 50 per cent Assembly. She argued that there First, the composition of allocated to the latter groups, were similarities between certain committees was changed, 60 per cent is allocated to the provisions contained in this bill increasinging from 10 to 13 Official Opposition and 40 per and an article published in a members distributed as follows: cent to the Second Opposition newspaper. In the President’s seven Members from the Group. opinion, although certain parliamentary group forming On June 2, each committee specific elements of the bill the Government, four Members elected its chair and vice-chair. were included in the article, from the Official Opposition and Exceptionally, the Committee it was impossible to say that two Members from the Second on Public Finance (CPF) and the final version of the text of Opposition Group, including the Committee on Public the bill was disclosed before one without the right to vote. Administration each elected two its introduction. In light of the When an independent Member vice-chairs. This special feature facts and parliamentary law, the becomes a committee member, formed part of the agreement Chair could not conclude that the Government party is allowed reached between parties. the minister was in contempt an additional Member. The of parliament. The President Following the 2014-2015 total number of members then budget speech on June 4, recalled that Members are increases to 15. the only ones who have the and within the framework of legitimacy to assess whether the Second, a Member from a the ensuing debate, the CPF content of a bill is in the public parliamentary group who is not continued the debate for a 10- interest and that it is a matter of a committee member cannot take hour period. After the adoption respect for the fundamental role part in a committee’s proceedings of the Government’s budgetary of Members in our parliamentary unless it is examining the policy, the examination of the democracy. estimates of expenditure. 2014-2015 expenditure estimates Previously, a Member who by the respective parliamentary Committee proceedings was not a committee member committees was carried out after Following the general was allowed to take part in the the Assembly had adjourned election of April 7, 2014, the proceedings of any committee for the summer, on June 13, parliamentary groups came to regardless of mandate. which is unusual. The last time an agreement relating to the Third, a special distribution of the expenditure estimates were conduct of proceedings in the speaking times was established examined during the summer Assembly and in parliamentary for mandates in which each holidays dates back to July 2003. committees. New Standing parliamentary group disposes of a limited time period. Total Nicole Bolduc Order provisions pertaining to and Cédric Drouin committees were adopted for the time is shared equally between Parliamentary Proceedings Directorate

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