Volume 37, No. 1 Spring 2014

Journal of the Commonwealth Parliamentary Association, Canadian Region Regional Executive Committee, CPA (March 30, 2014)

president regional representatives Gene Zwozdesky, Alberta Russ Hiebert, Federal Branch Ross Wiseman, Newfoundland and Labrador first vice-president Gene Zwozdesky, Alberta Dale Graham, New Brunswick chair of the cwp, canadian section second vice-president (Commonwealth Women Parliamentarians) Linda Reid, British Columbia Myrna Driedger, Manitoba

past president executive secretary-treasurer Jacques Chagnon, Québec Blair Armitage

Members of the Regional Council (March 30, 2014)

house of commons senate Andrew Scheer, Speaker Noël Kinsella, Speaker Audrey O’Brien, Clerk Gary O’Brien, Clerk

alberta nova scotia Gene Zwozdesky, Speaker Kevin Murphy, Speaker David McNeil, Secretary Neil Ferguson, Secretary

british columbia ontario Linda Reid, Speaker Dave Levac, Speaker Craig James, Secretary Deborah Deller, Secretary

canadian federal branch prince edward island Joe Preston, Chair Carolyn Bertram, Speaker Elizabeth Kingston, Secretary Charles MacKay, Secretary

manitoba québec Daryl Reid, Speaker Jacques Chagnon, Speaker Patricia Chaychuk, Secretary Émilie Bevan, Secretary

new brunswick saskatchewan Dale Graham, Speaker Dan D’Autremont, Speaker Donald Forestell, Secretary Gregory Putz, Secretary newfoundland and labrador northwest territories Ross Wiseman, Speaker Jackie Jacobson, Speaker Sandra Barnes, Secretary Tim Mercer, Secretary

nunavut yukon George Qulaut, Speaker David Laxton, Speaker John Quirke, Secretary Floyd McCormick, Secretary 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 It’s not springtime in Ottawa without objectives of the Review are welcome. the sight of tens of thousands of tulips in bloom. The Dutch government sent The Review is published for the Canadian 10,000 tulip bulbs to Canada in 1945 Region, CPA by the Parliament of Canada. as thanks for the country’s decision Any opinions expressed are those of to grant shelter to Princess Juliana individual contributors and should not be and her daughters during the Second attributed to any Branch of the Canadian World War. They have continued to Region. send thousands more each year ever since. Titled “Spring Politics,” this photograph is part of Michel Loiselle’s Editor: Will Stos parliamentary precinct collection. Layout: Frank Piekielko Editorial Board Patricia Chaychuk (Chair) A Year to Remember, 150 Years to Celebrate Charles Robert (Deputy Chair) Hon. Robert Henderson, MLA...... 3 Blair Armitage Deborah Deller The Northwest Territories Legislative Assembly Building: Dominique Drouin Kim Hammond Honouring our Past and Embracing our Future Sonia L’Heureux Charles MacKay Don Couturier...... 6 Audrey O’Brien Gary O’Brien Kate Ryan-Lloyd Doug Schauerte The Senate – An Essential House of Parliament Barbara Whittaker Speaker of the Senate Noël A. Kinsella...... 11 Political Donations and Democratic Equality in Canada Subscription Brianna Carmichael and Paul Howe...... 16 $25.00 (4 issues) or $40.00 (French and English editions) Perspectives on the Election of Committee Chairs Cheques should be made payable to: Brad Trost, MP, Ted Hsu, MP, Hon. Laurie Hawn, MP, Canadian Parliamentary Review Christine Moore, MP...... 21 House of Commons Committee Chairs: Perspectives of Two Members of Parliament Address correspondence to: Canadian Parliamentary Review Alexis Dubois...... 26 c/o Ontario Legislative Library Changing Times at the Canadian Parliamentary Review Queen’s Park Will Stos...... 33 Toronto, ON M7A 1A9 E-Mail: [email protected] Parliamentary Book Shelf...... 35 Internet: http://www.RevParl.ca CPA Activities: The Canadian Scene...... 37 Editor: (416) 325-0231 Fax: (416) 325-3505 Legislative Reports...... 40 E-Mail: [email protected]

Legal Deposit: National Library of Canada ISSN 0229-2548 Cette revue est aussi disponible en français

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 1 Call for Proposals

he Canadian Parliamentary Review is planning a future themed issue concerning digital issues facing 1 parliaments. We invite parliamentarians, scholars and other interested observers to submit short 110 1100 proposals for consideration. 10010 T 110011 1111000 01010100 01101000 01100101 Sample topics may include: 00100000 01000011 01100001 01101110 01100001 0110 01101001 • Is there a growing digital divide between parliaments and the electorate? 01100001 010010000 01010000 01100001 01110010 01101100 01101001 01100001 01101101 • Communicating effectively with constituents in the electronic age 01100101 01101110 01110100 01100001 01110010 01111001 00100000 01010010 01100101 • The growth and use of electronic devices in assemblies 01110110 01101001 01100101 01110111 00100000 01101001 • Security, data management and archiving in the digital age 01110011 00100000 01110000 01101100 01100001 01101110 01101110 01101001 01101110 • International perspectives on digital issues in assemblies 01100111 00100000 01100001 00100000 01100110 01110101 01110100 01110101 01110010 • Considering eVoting and ePetitions 01100101 00100000 01110100 01101000 01100101 01101101 01100101 01100100 00100000 01101001 01110011 01110011 01110101 01100101 00100000 01100011 01101111 01101110 01100011 01100101 01110010 01101110 01101001 01101110 01100111 00100000 01100100 01101001 01100111 01101001 01110100 01100001 01101100 00100000 01101001 01110011 Expressions of interest should be sent to the editor 01110011 01110101 01100101 01110011 00100000 01100110 01100001 01100011 01101001 01101110 01100111 00100000 01110000 01100001 01110010 01101100 by June 21, though early submissions are encouraged. 01101001 01100001 01101101 01100101 01101110 01110100 01110011 00101110 00100000 01010111 01100101 00100000 01101001 01101110 01110110 01101001 Please provide a 200-250 word proposal detailing the 01110100 01100101 00100000 01110000 01100001 01110010 01101100 01101001 01100001 01101101 01100101 01101110 01110100 01100001 01110010 01101001 01100001 01101110 main argument or contribution the work will provide. 01110011 00101100 00100000 01110011 01100011 01101000 01101111 01101100 01100001t 01110010 01110011 00100000 01100001 01101110 01100100 00100000 01101111 01110100 Previously completed articles or speeches relating to this 01101000 01100101 01110010 00100000 01101001 01101110 01110100 01100101 01110010the 01100101 01110011 01110100 01100101 01100100 00100000 01101111 01100010 01110011 theme not published in identical form elsewhere may also 01100101 01110010 01110110 01100101 01110010 01110011 00100000 01110100 01101111 00100000 01110011 01110101 01100010 01101101 01101001 01110100 00100000 01110011 be considered for publication after revision. 01101000 01101111 01110010 01110100 00100000 01110000 01110010 01101111 01110000 01101111 01110011 01100001 01101100 01110011 00100000 01100110 01101111 01110010 00100000 01100011 01101111 01101110 01110011 01101001 01100100 01100101 01110010 01100001 01110100 The CPR will endeavor to publish as many 01101001 01101111 01101110 00101110 00001101 00001010 00001101 00001010 01010011 01100001 01101101 01110000 01101100 01100101 00100000 01110100 01101111 01110000 01101001 accepted submissions as possible in the forthcoming 01100011 01110011 00100000 01101101 01100001 01111001 00100000 01101001 01101110 01100011 01101100 01110101 01100100 01100101 00111010 00001101 00001010 00101101 themed issue, however accepted contributions may 01001001 01110011 00100000 01110100 01101000 01100101 01110010 01100101b e 00100000 01100001 00100000 01100111 01110010 01101111 01110111 01101001 held over for use in future issues based on space restrictions. 01101110 01100111 00100000 01100100 01101001 01100111 01101001 01110100 01100001 01101100 00100000 01100100 01101001 01110110 01101001 01100100 01100101 00100000 01100010 01100101 01110100 01110111 01100101 01100101 01101110 00100000 01110000 01100001 01110010 01101100 01101001 01100001 01101101 01100101 01101110 01110100 01110011 Please contact: Will Stos, Editor 00100000 01100001 01101110 01100100 00100000 01110100 01101000 01100101 00100000 01100101 01101100 01100101 01100011 01110100 01101111 01110010 01100001 01110100 01100101 Email: [email protected] 00111111 00001101 00001010 00101101 01000011 01101111 01101101 01101101 01110101 01101110 01101001 T: (416) 325-0231 01100011 01100001 01110100 01101001 01101110 01100111 00100000 01100101 01100110 01100110 F: (416) 325-3505 01100101 01100011 01110100 01101001 01110110 01100101 01101100 01111001 00100000 01110111 01101001 01110100 01101000 00100000 01100011 1405 Whitney Block 01101111 01101110 01110011 01110100 01101001 01110100 01110101 01100101 01101110 01110100 Queen’s Park 01110011 00100000 01101001 01101110 00100000 01110100 01101000 Toronto, ON M7A 1A2

2 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 A Year to Remember, 150 Years to Celebrate

Hon. Robert Henderson, MLA

Prince Edward Island prides itself on its historic role in the development of Confederation. Celebrations are planned throughout 2014 in honour of the 150th anniversary of the original Charlottetown conference.

his year marks an Originally the intent behind the September 1864 important anniversary conference had been to discuss a proposed union of Tfor Prince Edward Nova Scotia, New Brunswick and Prince Edward Island and Canada. It is the Island, under one government and legislature. The sesquicentennial of the 1864 Journal of the House of Assembly of Prince Edward Charlottetown Conference, Island of April 18, 1864 recorded the following motion, an event which has come “Resolved, that his Excellency the Lieutenant Governor to be recognized as pivotal be authorized to appoint Delegates (not to exceed five) to the formation of the to confer with Delegates who may be appointed by the Canadian Confederation. Governments of Nova Scotia and New Brunswick, for To commemorate this the purpose of discussing the expediency of a Union milestone, Prince Edward of the three Provinces of Nova Scotia, New Brunswick Island is welcoming all and Prince Edward Island, under one Government Canadians to take part in and Legislature, - the report of the said Delegates to be a province-wide, year-long celebration of our shared laid before the Legislature of this Colony, before any history. We call it simply “2014” and consider it to be further action shall be taken regard to the proposed an opportunity to showcase our hospitality, heritage, question.” The motion was carried 18-9 and the communities and culture. The calendar is filled with resolution was adopted, paving the way for Island more than 150 events, festivals, and a variety of delegates to participate. activities to satisfy all interests. And, like all the best The Canadian government took note, and requested Island parties, there will be great music, good food, it be permitted to send a delegation to the conference high spirits, and new friends to meet. to see if the proposed union could be extended to The celebrations commemorate the occasion when include all the provinces. The request was granted 23 representatives of the British North American and a delegation of seven Canadians, including John colonies –Nova Scotia, New Brunswick, Prince Edward A. Macdonald, came to Charlottetown to join in the Island and Canada (present day Ontario and Québec)– discussions slated for the first week of September in gathered in Charlottetown to discuss the merits of 1864. creating a Canadian Confederation. The formal meetings of the delegates took place in the Legislative Council Chamber on the second floor of the Colonial Building, as it was then called. This room, with its soaring ceiling and rich appointments, remains a popular destination for visitors touring The Hon. Robert Henderson was first elected to the Legislative the building. Province House, as it is known today, Assembly in the provincial general election of 2007 in District is the only original meeting location of the Fathers of 25, O’Leary-Inverness and re-elected in 2011. A former economic Confederation still remaining from the Charlottetown development officer, employment counselor and farmer, he was and subsequent conferences. It is a tangible connection appointed Minister of Tourism and Culture on October 18, 2011.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 3 restorative work completed on the exterior sandstone facade. It looks much as it did when the conference delegates walked up Great George Street after arriving by ship at Charlottetown’s bustling waterfront. Many of the conversations about the possibilities of a new nation which took place at the Charlottetown Conference happened outside of the formal setting of the Legislative Council Chamber. The Fathers of Confederation had occasion to attend teas, banquets and grand balls, one of which was held in the current Legislative Assembly Chamber and featured not one, but two orchestras in the public gallery playing music well into the wee morning hours. Island hospitality and cordiality accompanied the more serious negotiations and possibly strengthened their purpose. Prince Edward Island will continue this tradition of conviviality throughout 2014, and looks forward to hosting visitors from across the country and around the world. The planning is well underway. Starting in 2012, communities, organizations and not-for-profit groups in the province have been developing and implementing projects and events that pay tribute to this very special anniversary. Financial support has been provided through a dedicated fund which was created to assist in this endeavour. A total of $5 million is funding collaborative enterprises including theatrical productions, eco tours, community festivals, art installations, youth conferences and literary

Photo by Mike Needham projects, among others. Above: The north side view of Province House in One of the most exciting events is Founders’ Week, Charlottetown. Opposite page: (top) The Legislative scheduled for August 28 to September 7, coinciding Assembly Chamber and (bottom) the Confederation with the dates the delegates began arriving in Prince Chamber (formerly the Legislative Council Chamber) in Edward Island for the Charlottetown Conference and Province House. the dates of the conference itself. One highlight will be the Tall Ships sailing into port in Charlottetown and to our past and, as such, an incredibly valuable legacy Summerside, offering a glimpse into what those busy for all Canadians. In recognition of its unrivaled harbours might have looked like 150 years ago. place in the country’s history, Province House was commemorated for its national significance in 1966. It is The centrepiece for the summer months of 2014 perhaps one of the most recognized and photographed will be the Celebration Zone, located at historic buildings in Canada and is a fine example of neo- Confederation Landing on the Charlottetown classical architecture. waterfront. It is intended to represent the 2014 guiding principles of honouring the past, celebrating the Province House has been home to the Legislative present and planning for a bold tomorrow. From July Assembly of Prince Edward Island since its opening through September, the Celebration Zone will be filled in January 1847. A contemporary newspaper described with activity–concerts, food tasting, children’s plays, the building as “an honor to the Island, […]which cultural presentations, interactive tours and more. It seems to command a feeling of pride and satisfaction will be a place of entertainment and education, truly in all who visit it.” It was a worthy setting for the a celebration of past and an inspiration for the future. important Charlottetown Conference some 17 years later, and it continues to be the centre of Prince Edward Please join us in Prince Edward Island in 2014 as Island’s ceremonial and political life. Over the past we commemorate one of the most important weeks in year, Province House has been readied for 2014 with Canadian history.

4 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Photo by Brian Simpson Photo by Mike Needham

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 5 The Northwest Territories Legislative Assembly Building: Honouring our Past and Embracing our Future

Don Couturier

This article looks at the 20th anniversary celebration of the Northwest Territories Legislative Assembly building and discusses the political developments that led to its construction.

“In this country you have a greater chance of seeing a total the building also symbolizes the territory’s long and eclipse of the sun than you do of seeing the opening of a new winding journey through colonial administration. It is legislative building. This is only the third time this century, a symbol of the territory’s efforts to break free from and only one more will be built in our lifetime. We’ll see you such arrangements and achieve its own unique blend in Nunavut in 1999.” of responsible and consensus government, elected representation, and political autonomy. -Michael Ballantyne, Speaker of the 12th Legislative Assembly; speech delivered at the opening of the Twenty years ago, when the Right Honourable legislative building on November 17, 1993. Jean Chrétien stood in the Legislature’s Chamber and announced the official opening of the building to the people of the NWT, they knew they had taken n November 1, 2013, the Legislative Assembly an irreversible step toward these goals. Although the of the Northwest Territories held a public push to devolve powers from the federal government Ocelebration to commemorate 20 years since the would continue, they knew that from that point on opening of its legislative building. Former and current the Legislative Assembly would become the most Commissioners, Premiers, Speakers, Members, and important symbol of public government in the territory. Clerks of the Legislative Assembly gathered with the Set against this backdrop, the 20th anniversary of the public to pay tribute to the territory’s unique political Legislative Assembly building was a momentous heritage, historical evolution, and permanent home. occasion designed to highlight these milestones and The phrase “permanent home” is particularly the people who helped bring them about. It was also noteworthy, since the majority of the NWT’s political an opportunity to bring the public and their elected dealings in the last hundred years have occurred representatives together to celebrate the building’s in temporary and often ad hoc quarters. Indeed, the beautiful structure, as well as the final mortgage construction of the legislative building was a landmark payment. moment in the territory’s history, and one that signaled Historical and Political Development the arrival of its political maturity. No longer would the Assembly be tenants in their own land, confined The construction of the legislative building was to renting temporary space to house and conduct its significant given the way in which government business. As Canada’s second-youngest legislature, administration has evolved in the territory. Although the Northwest Territories had responsible government in the late 19th century (representatives from other parts of Canada were elected to govern the territory at that time), from 1905 the affairs of the NWT were Don Couturier is the Public Affairs and Communications intern handled either by a Commissioner based in Ottawa, for the Legislative Assembly of the Northwest Territories. He was a member of the organizing committee that planned the 20th a council comprised of appointed public servants, or anniversary celebrations. some combination of the two.

6 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Photo by Tessa Macintosh Photo by Tessa

The Yellowknives Dene First Nation Drummers open the 20th anniversary celebration with a ceremonial drum prayer.

In 1951, when the Northwest Territories Act was In 1980, the position of Leader of Elected Members (a amended, some form of representative government title that eventually changed to Premier), was created was restored, with three members from the Mackenzie and held by George Braden. By 1981, the number of District elected to the Territorial Council. In 1965, elected representatives had increased to 24, with seven Abe Okpik of Frobisher Bay (Iqaluit) became the first members on the Executive Council. The creation of a Aboriginal member appointed to the Council, and fully elected Council was a crucial step that allowed shortly thereafter in 1966 three eastern arctic ridings the NWT to begin contributing to and shaping the were established. landscape of federal politics. For example, in 1982 a delegation of MLAs from the NWT, led by Government By 1966, the balance had begun to shift, and by the Leader George Braden, travelled to Ottawa and lobbied time the Carrothers Commission called for a return to the federal government to include Aboriginal rights responsible government, there were seven elected and in the repatriated constitution. Replete with eleventh five appointed members on the Council. Still, political hour diplomacy and backroom negotiations, this authority was held by Ottawa through the powers would become the NWT’s first instance of engaging in afforded to the Commissioner. In 1967, Yellowknife was Executive Federalism. named the capital and the seat of government formally moved there from Ottawa, led by Commissioner Stuart In 1987, shortly after then-Commissioner John Parker Hodgson. It was not until 1975 that the first fully elected transferred executive power from the Commissioner to Council took office with 15 members in total (and the Executive Council, the 11th Legislative Assembly for the first time in Canada’s history, the legislative approved a motion giving the Government Leader body contained a majority of Dene, Métis, and Inuit authority for the overall management and direction Members). of the executive branch of government. In 1990, a year before Nellie Cournoyea would become the first

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 7 Aboriginal female Premier in Canada’s history, Speaker designed to organize the financing of the project and Richard Nerysoo announced that the construction of find a way to encourage public participation in the the legislative building would commence. construction of the building. It was comprised of former Commissioner John Parker, Dene, Inuit, and Métis Throughout its history, the Legislative Assembly had development corporations, other northern business faced immense logistical challenges while conducting interests, and former senior members of the territorial business. Made up of remote communities, containing public service. huge geographic constituencies, and home to the sparsest population in Canada, the NWT’s Legislative After considering a number of financing options, the Assembly was tasked with the formidable challenge Assembly eventually opted for a lease-to-own program, of representing 64,000 people in an area over 3,000,000 whereby the building would be financed through a square kilometers in size (comparatively, the riding of conventional mortgage over a period of 20 years. The St. Paul’s in Ontario is comprised of 116,463 people in Assembly also authorized the Building Society to just 15 square kilometers). initiate a voluntary public bond issue system, enabling residents of the NWT to participate in and contribute To accommodate this geographic configuration, to the project. Under this system, the Building Society the Legislative Assembly travelled throughout the provided ownership and financed the design and territory, holding sessions in different communities construction costs, while the Assembly would lease with varying degrees of administrative support. Since the building for 20 years before taking ownership 1951, sessions have been held in communities as in November of 2013. The logic underlying such an diverse as Ottawa, Inuvik, Frobisher Bay, Fort Smith, arrangement was that it would ensure that the people Yellowknife, Rankin Inlet, and Norman Wells in school of the NWT would end up owning an asset in the form gymnasiums, banquet halls, and hotel board rooms. of a new building, rather than funding the soaring costs The Speaker’s Chair would be disassembled, carted of a mobile Assembly with no concrete return. around the territory, and set up in different locations as needed. When the building officially opened in November of 1993, it was, by any measure, an architectural The mace, an elaborate work of art constructed by nine masterpiece. Nestled on the shore of Frame Lake and Inuit artisans from Cape Dorset, perpetually toured the surrounded by boreal forest, the building’s distinctive territory. The Assembly was grappling with how to best domes, circular chamber, open concept, and locally- provide democratic representation to the people of the sourced materials give it a modern disposition unlike NWT without a focal point for their political endeavors. any other legislature in Canada. Two local architectural As political power steadily devolved from Ottawa to firms were hired: Pin/Matthews Architects and the territory, the demands placed on the Assembly Ferguson Simek Clark Architects and Engineers, increased, as did the cost of housing the Assembly who collaborated with Matsuzaki Architects Inc. of temporarily. As former Clerk David Hamilton noted, Vancouver and landscape architect Cornelia Hahn “[i]t became clear that a solution was required to the Oberlander. costly, time-consuming and temporary arrangements for housing the Assembly and its support services.” The walls are made, in part, from zinc mined on Cornwallis Island; expansive spaces are illuminated The construction of the legislative building was a by substantial windows filtering in natural light; natural and much-needed progression. Not only would and the Caucus Room, Chamber, and hallways are it ameliorate the long-term financial burden of the adorned with northern sculptures and paintings. Few “travelling legislature” model, according to Hamilton aspects of the building’s design echo the Victorian-era it would also “reflect the unique interests and diverse architecture common to most Canadian legislatures. population of the NWT and encourage the participation The departure was a deliberate and conscientious of as many citizens as possible.” Due to the territory’s decision by the architects, who intended to showcase financial relationship with the federal government and the unique and distinct peoples, cultures, and practice restrictions on resource revenue retention, the only of consensus government found in the NWT. The question remaining was how to finance the project. circular shape of the Caucus Room and Chamber, for Construction and Design of the example, is meant to facilitate consensus-building, Legislative Assembly Building collaboration, and working together as a minority-led collective. Additionally, it reflects the way in which To address this crucial issue, the Assembly Aboriginal groups traditionally make decisions in their established the Northwest Territories Legislative own communities. Assembly Building Society – a non-profit association

8 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Twentieth Anniversary Celebration Twenty years after the building was erected, the final payment on the mortgage was slated to bemade in September of 2013, as the anniversary of the official opening approached in November. The Office of the Clerk, under the direction of Speaker Jackie Jacobson, was tasked with organizing the 20th anniversary celebration. Since the building is not only a place of work for legislators, but also a gathering place for the public, the planning committee adopted a number of key guiding principles in its preparations. First, the celebration ought to be enjoyed by the people of the NWT. Second, it ought to celebrate the historical evolution of the Legislative Assembly, as well as the building itself. Third, it ought to offer an opportunity for the public to hear stories from former leaders in a way that would bring to life the moments and personalities that have shaped contemporary politics in the NWT. The end result would be a rare and powerful occasion reuniting northern political figureheads and inviting members of the public to take part in a celebration of the territory’s political heritage. On the evening of November 1, 2013, the Great Hall filled to capacity. Current and former Commissioners, Premiers, Speakers, Members, and Clerks arrived, along with an impressive turnout from the public. The Yellowknives Dene First Nation Drummers, a drumming group from the nearby community of Dettah, opened the event with a ceremonial drum prayer. After the welcoming address delivered by Speaker Jacobson, it Photo by Tessa Macintosh Photo by Tessa was time to unveil the portraits of all former Premiers The Honourable Jackie Jacobson, Speaker of the and the two most recent Speakers. One by one, former Legislative Assembly, cuts a cake in the design of territorial leaders came forward to unveil their portraits. the legislative building with the help of his daughter Once the public had an opportunity to explore the Mikayla. Caucus Room, Chamber floor, contents of a time capsule, video of congratulatory messages sent from other Both rooms contain designated areas for interpreters, Canadian legislatures, and historical photo displays of who translate any of the 11 official languages that the NWT’s political evolution, attendees gathered in the may be spoken at any given time when the House public gallery to listen to the Premiers’ panel discussion. is in session. Some features, such as the location of The panel comprised all former Premiers but one who the Speaker’s Chair at the head of the Chamber and was unable to attend, beginning with Government the adherence to formal house procedure, are more Leader George Braden (1980 to 1984), and moving in reflective of the Westminster parliamentary system chronological order through to Floyd Roland, the Premier used throughout the rest of the country (with the from 2007 to 2011. exception of Nunavut). The building itself embodies The Premiers’ panel discussion brought to life the the principles of a democratic parliament rooted territory’s political history through story-telling, first- in indigenous northern traditions, from the design hand accounts, and general commentary unencumbered and materials used, to the cultures represented and by the stresses of public scrutiny and Ministerial government system practiced within. At last, the NWT responsibility. Onlookers became privy to personal had acquired a permanent home grounded in the insights, stories from First Ministers’ Conferences (FMC) political heritage of the territory, and one that would and reflections on the goals and ambitions held by those house the Assembly for years to come. holding the highest political office in the territory.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 9 Referring to the 1982 delegation travelling to government is that “it operates in the way that the Ottawa during the repatriation of the Constitution, Inuvialuit, the Dene, and the Métis accept so easily.” Richard Nerysoo asserted, “[m]ost people think By the end of the discussion audience members had that the constitutional changes of Section 25 and 35 a colourful and dynamic image of the NWT’s political somehow came from a lot of other people, but this development, woven through time by former leaders is the group of people that led that conversation and spanning 30 years of history. assured Canadians that the interests of First Nations Following this informative and engaging exchange, and Aboriginal people, Métis and Inuit, were going to Renaltta Arluk of Fort Smith gave a passionate be protected.” Dennis Patterson recalled the moment theatrical rendition of significant moments in the when territorial Government Leaders were invited territory’s history and Leela Gilday, Juno-award to join the FMCs in Ottawa. He said, “[w]e became winning singer and songwriter from Yellowknife, equals at the table. We were brought into the First performed. A group of Inuvialuit Drummers from Ministers’ Conferences…the NWT came of age and Tuktoyaktuk, the Speaker’s hometown, closed the became an equal as a very important strategic part of evening with a rousing performance. Canada during my term.” Joe Handley held a different perspective on the same subject; he commented that Conclusion “they quickly make it clear to you that you’re a little The people of the Northwest Territories have much to fish in a big pond.” Nellie Cournoyea offered candid celebrate politically. The government has transformed advice for those aspiring to political office: “[i]f you from a colonial dependency to a large, sophisticated know something’s got to be done and you’re not going body legislated by 19 elected members from all regions to fight for it, stay home.” of the territory. The Executive Council has expansive Other former Premiers commented on their control over the affairs of the NWT. The Assembly particular style or approach to governance and the reflects the population it represents and is guided by nature of consensus politics more broadly. Jim Antoine the traditions of the people living there. The territory noted, “today we have to keep doing that kind of has acquired much of the same jurisdictional powers as approach…we had a government-to-government- the provinces, and the process of devolution continues to-government approach – Aboriginal government, to this day. The Legislative Assembly building now federal government, and territorial government stands as a permanent reminder of these advancements approach on how to do devolution,” and Stephen and the individuals who fought for them. Kakfwi said the most important aspect of consensus Photo by Tessa Macintosh Photo by Tessa

The Premiers’ panel discussion gathered almost all former premiers of the territory (from left to right): George Braden, Richard Nerysoo, Nick Sibbeston, Dennis Patterson, Deputy Clerk Doug Schauerte, Nellie Cournoyea, Jim Antoine, Stephen Kakfwi, Joe Handley, and Floyd Roland. Former Premier Don Morin was unable to attend.

10 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 The Senate – An Essential House of Parliament

Speaker of the Senate Noël A. Kinsella

The Senate plays a critical role in the form and function of the Canadian Parliament. In this article, the Hon. Noël A. Kinsella highlights the Senate’s role as a regional counterweight to representation by population, an independent source of legislative review, an excellent source for investigative policy studies, and a place where appointments can sometimes balance disparities in representation of the Canadian population in the elected chamber. This article is revised from remarks made to the 31st Canadian Presiding Officers’ Conference in Ottawa.

et again the Senate Structure is at the centre of The normal membership of the Senate now totals a constitutional Y 105. Originally there were 72 with 24 for each of the debate. Last November, three regions that comprised Canada at the time of the Supreme Court of Confederation. As the country grew, adjustments Canada sat three days were made to accommodate the addition of new hearing arguments on the provinces. An amendment to the British North Senate, dealing with various America Act by the Parliament at Westminster in issues about its reform or 1915 added a fourth region, the western division. The abolition. These questions provinces of Manitoba, Saskatchewan, Alberta and were brought forward by British Columbia were each allocated six senators. the federal government to An increase of six more seats was made when clarify the parameters of possible changes or reforms Newfoundland and Labrador joined Confederation to the Senate. In brief, the government wants to know in 1949. Three other seats were added over the years, what it can do without involving the constitutional one for each of the territories. amending formula of either 7/50 or unanimity. This concentrated attention is not new: in Quebec City in The regional structure of the Senate was devised to 1864, the Fathers of Confederation devoted six days accommodate the less populous provinces. Without to the topic of the Senate. it, there would have been no Confederation in 1867. Then as now, Canada was challenged by an uneven Whatever the outcome of the reference to the population distribution. Over 60 per cent of our Supreme Court, it is safe to say that the Senate is here people now inhabit just two provinces, Ontario and for the foreseeable future – and this is a good thing. Quebec. This is the demographic imbalance that The Senate fulfills a useful function that is necessary also had to be effectively addressed by the Fathers of to effective lawmaking, proper policy development Confederation in order to ensure for healthy regional and sustained national cohesion. A brief review of the representation and, in the case of Quebec, its distinct structure and composition of the Senate first may be linguistic, legal and religious features. The solution helpful. to these challenges was the Senate. By insisting on regional equality, the interests and characteristics of the different parts of the country were acknowledged and given appropriate weight within a bi-cameral The Hon. Noël A. Kinsella was appointed as a Senator for New parliament. Brunswick on September 12, 1990. Elected Leader of the Opposition in the Senate in October 2004, he was appointed Speaker of the The long mandate of senators – originally Senate of Canada on February 8, 2006. appointed for life but since 1965 to the age of 75 – was

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 11 designed to guarantee independence and autonomy. Legislative review Appointment would ensure that the Senate was A basic purpose of any Parliament or Legislature neither accountable to nor subject to outside is to examine legislation. In our federal Parliament, pressures. In this respect, senators are in some ways the adoption and enactment of any bill requires the similar to judges of our federal courts. They too are approval of the two Houses. In practice, of course, appointed for a fixed term and it is this feature that priority in Parliament is given to Government bills, ensures the independence that keeps the judges free although other members can initiate bills. of any improper interference from the government or Parliament. The independence of senators today is Reflecting our British parliamentary inheritance, still real, but it is tempered by political allegiances and most government legislation originates in the House also by self-restraint. The modern Senate recognizes of Commons. Over the course of a session, which can that it must yield to the will of the Commons when last a few weeks, months or several years, scores of bills there are sustained differences over legislation, unless may be introduced in the Commons by the government. there is a credible compelling reason not to. This self- Among these are certain to be supply bills which are, restraint is part of the evolution and transformation in practice, never amended by the Senate. Any other that has occurred with the Senate over the years. legislation, however, including budget implementation This transformation coincided with the expansion of bills, are liable to a thorough review by the Senate, the vote, the growth in the role of government and which can adopt, amend or reject them. The process the increased activity of members of the House of of review is structurally similar to that followed in the Commons as ombudsmen for their constituents. The Commons: there are three readings with committee modern Senate is no longer the Chamber of a wealthy consideration usually following second reading debate elite. Instead, it has become, in a meaningful sense, on the principle of the bill. The object of the Senate’s the Chamber of constitutional rights and minority study is to improve the bill where it can. While rejection interests, and not just in regional representation. The is possible, it is neither a primary option nor a likely Senate has a higher percentage of women members outcome. After all, most government bills arrive in the with 38 per cent currently as opposed to the 24 per Senate as a legislative measure already adopted by the cent in the House of Commons. It also tends to have Commons. a higher representation of Aboriginal and visible In the political environment that has developed minorities members. The Senate uses its power over the last 40 years or so, party discipline in the to meet the obligations of Parliament to consider Commons guides all of its activity, including the legislation thoroughly and to develop effective public study of legislation. When the bill comes to the Senate, policy. In carrying out these functions, the Senate the dynamics can be somewhat different even when continues to act as a complementary body to the the government has a majority. Debate, for example, House of Commons and, as such, it maintains its might focus on a specific element of a bill highlighting importance and relevance to the effective governance a particular aspect that might have been inadequately of the nation. examined or entirely overlooked by the Commons. In summary, the advantages often cited for creating While it must be admitted that party discipline is also bicameral legislatures speak of their ability to offer present in the Senate, its exercise is more limited and representation of diverse constituencies, to facilitate it does not prevent Senators from raising important greater or longer deliberation, to require a second issues in debate. look at legislation, and to provide enhanced oversight An example of this occurred in 1999 when the Senate of the executive. The purpose is to build in a level of looked at a bill updating extradition procedures. The redundancy – but not necessarily repetition. Many bill had been tagged as a “housekeeping” measure argue that second chambers possess a significant and had gone through the Commons in quick order. capacity to act as a persuasive institutional advisor, Upon arriving in the Senate, the focus of the debate by forcing legislation to be re-thought or re-written, soon concentrated on the authority of the Minister of by informing a particular debate with a certain Justice and Attorney General to allow extraditions level of wisdom and by allowing for greater public to jurisdictions with capital punishment – which had participation than is possible with one chamber alone. been abolished in Canada. As often happens in the The Senate contributes to Parliament’s work and Senate, debate crossed party lines. The government to the nation in many ways. These include legislative succeeded in resisting pressure to amend the bill, but review, policy development and fostering national while it won the battle in the Senate, it lost the war in cohesion. the courts. Senators actually take pride in the frequency

12 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Photo Credit: The Senate

with which the courts make reference to debates in the act to advise and to indirectly influence legislation is Senate and its committees, and by raising such issues through the tool of pre-study. This is a practice whereby the Senate can bring attention to aspects of legislation Senate committees can study the subject-matter of bills that are sometimes not properly considered elsewhere. that are still before the House of Commons. In this way the Senate can begin its detailed consideration This example shows that the Senate can choose of a bill and make recommendations before receiving to focus on aspects of legislation different from the it. Amendments can be made early in the legislative focus in the House of Commons. This is an example process to reflect this input, and the Senate can deal with of the complementary role the Senate can play in the the bill without jeopardizing the calendar of legislation. legislative process. Observations are another procedural tool available In a more recent example, immediately before to the Senate. In addition to proposing amendments, prorogation, the Senate was dealing with the Senate committees can attach comments to a report controversial Bill C-377, relating to public disclosure of on a bill. These observations may reflect concerns union expenses. The bill was brought to the Senate from expressed during the hearings or identify points that the House of Commons. Debate in the Senate was quite are beyond the actual scope of the bill. Through the intense, and transcended party lines. Amendments use of observations committees can highlight issues were proposed at third reading, and the acceptance of that need to be addressed and can help to ensure that one of them resulted in significant changes to the bill. commitments made during public hearings will not Prorogation intervened before the two houses reached be lost. Observations are for information purposes agreement. This bill has been revived in its original only, and carry no procedural weight. They can form and is now once again in the Senate, which has be a powerful tool for committees, reminding the not yet decided how to proceed. government that, even if the Senate is letting a bill pass These examples deal with direct challenges and without amendment, the situation will be monitored changes to legislation. Another way that the Senate can and progress is expected.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 13 Such practices and tools allow the Senate to substantive report on annual government spending. influence the legislative work of Parliament, to Appearing before the Commons Government give voice to concerns that were overlooked in the Operations and Estimates Committee, Professor Paul House of Commons, and to follow-up on issues and Thomas, for example, has noted that the Senate does commitments over a period of several years. All these useful work with the estimates,1 focusing on an aspect features enhance and strengthen Parliament in its role of parliamentary business that, although dull and as a legislative body. complex, is essential to the promotion of sound and Estimates responsible governance. It is also important to mention the contribution the Policy Studies Senate makes to Parliament’s work on the estimates. As an investigative chamber, the Senate can serve In the House of Commons, review of the estimates as an “incubator” of ideas. Because of the relative is divided among different committees depending stability of its membership and the less partisan on their portfolios. Each committee is tasked with environment in the Senate, senators are able to spend reviewing a part of the estimates and reporting back by more time undertaking investigative studies. They can a set date. If a committee does not report back in time concentrate and focus their efforts, think ahead, and the estimates are deemed adopted by the committee consider long-term perspectives and needs in a given and the process leading to the supply bill follows area. This continuity and consistency has allowed the largely automatically. Senate to become the corporate memory of Parliament. In the Senate, the review of the estimates is not Policy work in the Senate is performed by committees dispersed among different committees. Instead, it is composed of individuals who are directly integrated focused in the National Finance Committee. In light into the system of national governance. Senators are of the Commons’ control of the public purse, neither not academics or policy wonks who can think up the committee nor the Senate actually adopt the bright ideas without being able to do follow-up, or who estimates. The National do not have to worry Finance Committee about implementation. does, however, conduct “Put most simply, the Senate can act as a bit Senators will take the an in-depth review of of a brake in Parliament, making sure that all recommendations and them, inviting ministers, views are canvassed, and also bringing a longer- work performed by Treasury Board officials committees and can and other stakeholders to term perspective. The Senate reviews legislation, apply them on an on- testify before tabling its advises and looks into issues in more depth. The going basis. Senators are report in the Senate. This Senate can provide guidance and suggestions well placed to ensure that report is then debated to the House of Commons and to the Executive policy recommendations and voted in the Senate, based on experience and expertise.” are not forgotten. providing background and context for The Senate’s broad considering the supply thematic committees bill. The National Finance Committee also tables a approach issues in a holistic way. The Senate has a series of reports on specific aspects of the estimates tradition of championing public policy issues, often throughout the year, providing sustained and focused tackling controversial or politically sensitive topics. parliamentary attention. From the landmark Croll report on poverty in Canada, to the Davey report on mass media, Senate inquiries This focused approach for dealing with the estimates represent an important addition to the chamber’s that the Senate has adopted allows for comprehensive purely legislative role. These early examples illustrate and consistent analysis. Continuity of membership, a a pattern that has become ever more characteristic standard feature of Senate committees, allows senators of the Senate’s work. Such policy studies provide on the National Finance Committee to become quite background knowledge to allow senators to review knowledgeable about the budgetary and financial cycle; bills more intelligently, and they create opportunities they learn to understand the format of the blue books for the indirect initiation of legislation. and the technical information they include. Observers of Parliament have noted that in many fiscal years, The Senate’s important contribution to policy studies the Senate may be the only body within Parliament has been recognized for more than 50 years. Assessing to actually conduct public hearings and prepare a the Senate over a period going back to the 1920’s, F.A.

14 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Kunz noted that the real value of such work: in Parliament. Senators recognize that a major part lies in the long-term educative effect produced of their role is encouraging, assisting and protecting by the accumulated evidence and information minorities and communities of interest, whether they of their proceedings. Instead of being a cure- are cultural, linguistic, educational, professional, all, they are rather a contribution to the study economic or charitable causes of one kind or another. of the subject and form the basis of further The role is fluid and adaptable, but important. discussions in Parliament, in the departments of government concerned, and in the public at Conclusion large. Their most obvious use is in areas where the problems are either still too rudimentary, Any observer of Canadian politics knows that the or too controversial, or too elusive and bid for discussion of how to change the Senate started with 2 simple and straightforward solutions Confederation, and has continued in the national The value of the Senate’s contributions to policy discourse ever since. A range of plans have been development continues to be recognized by observers proposed, and the institution has evolved over the of Parliament, and it is something in which senators course of its history. take great pride. However, when discussion rages about how to National Cohesion change the Senate, too often little attention is given to the roles the institution plays in Parliament, and how The third vital function of the Senate, the fostering they could be affected by reform. of national cohesion, is one that has been present from the time of Confederation. The structure of the Put most simply, the Senate can act as a bit of a Senate was an essential part of the agreement leading brake in Parliament, making sure that all views are to Confederation, providing a house in which the canvassed, and also bringing a longer-term perspective. less populous regions have a level of representation The Senate reviews legislation, advises and looks into greater than their portion of the population. In large issues in more depth. The Senate can provide guidance part, Canada came to be a nation because the Senate and suggestions to the House of Commons and to the was agreed upon as an appointed body to represent Executive based on experience and expertise. the regions. Basic features of the Senate help it perform these New Brunswick is a smaller province which varied roles. The guaranteed length of senators’ provides an illustrative example, having 10 members mandates ensures that attention can be sustained over in each house. In the Commons that is only a tiny a lengthy period of time, without the interruptions of portion of the membership. It is a far larger portion the election cycles. Appointment can help reduce the of the Senate’s membership, giving New Brunswick level of partisanship within the upper chamber and senators a greater opportunity to articulate the needs increase the numbers of under-represented groups in and perspectives of their province. The same can be the elected Commons. The fact that for most Senators’ said about other provinces. membership in this body marks the final step in already successful careers also contributes to the very Moreover, without the Senate, the proportion of different nature of the institution. parliamentarians from Quebec would, over time, probably fall ever further below what is seen as None of this is to say that the Senate cannot be the important bar of 25 per cent representation changed. But as Canadians consider their upper house in Parliament. The voice of Quebec in the federal and what role they wish for it, it is imperative that they Parliament, so vital to ensure that its linguistic, legal understand what they currently have, so that they can and historic character are reflected and understood, discuss how they can build on the strengths of the would become increasingly marginal. Such a state of body. affairs could have serious effects on Canada over the Notes longer term. 1 House of Commons Standing Committee on Government The role of the Senate in fostering cohesion across Operations and Estimates, Evidence, 41st Parliament, 1st Canada is not, however, limited to providing a voice Session, May 7, 2012, p.13. for less populous geographic areas. The Senate plays 2 F.A. Kunz. The Modern Senate of Canada: A Re-appraisal, a similar role when it comes to minorities. Prime 1925-1963. University of Toronto Press, Toronto, 1965, Ministers can use appointments to ensure that the pp. 265-66. full richness of Canadian society is well represented

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 15 Political Donations and Democratic Equality in Canada

Brianna Carmichael and Paul Howe

Equality is a key tenet of democracy. With respect to the financing of federal political parties, one issue relevant to equality concerns has received surprisingly little attention: the phasing out of political parties’ annual per-vote subsidy, set to occur in 2015. Donations from individuals will henceforth become the parties’ primary source of funding; but not all Canadians donate equally. By examining a sample of disclosed donors from Elections Canada databases, combined with census data on neighbourhood income levels, this study establishes that donors are substantially more likely to come from wealthier sections of Canadian society. Despite a relatively low cap on donations – individuals can currently give no more than $1,200 annually – wealthier Canadians carry disproportionate weight in the total aggregate of donation dollars. The study concludes by briefly comparing federal rules to regulations at the provincial level and suggesting methods of mitigating inequalities in the political finance system.

he very essence of democracy is equality.1 from the new limits placed on donations. However, Fairness in politics is undeniably something they also were seen by many as a means of creating TCanadians desire. Since the 2011 federal a more egalitarian system of party finance, since each election, these principles have been front and centre, as and every voter would have some control over the a number of issues relating to the conduct of elections distribution of public funds to the various parties. have been making headlines and have been actively In 2015, these subsidies will be fully eliminated debated by Canadians concerned about the quality of and political parties’ main source of financing will be democracy in this country. donations by individual Canadians (currently capped Through this period, one important issue has at $1,200 per year).3 The parties will continue to benefit received surprisingly little attention: the phasing out from very substantial public funding: not only are there of the per-vote annual subsidies for political parties.2 generous tax credits for donations, but they are also reimbursed for a significant portion of their electoral These subsidies were first introduced in 2004 as expenses. Nevertheless, rather than public funds being part of a larger package of reforms to party finance partly directed by the voting preferences of all citizens, regulations, which included a ban on corporate and after 2015 they will be fully contingent on the support union donations and caps on political contributions of individual donors. by individuals. In part, the annual subsidies were designed to offset the revenue that would be lost One potential reason for the lack of debate on the changes may simply be that the prospective system based on donations is believed to have merit. Rather than parties receiving money automatically from the public purse, as occurs with per-vote subsidies, they Brianna Carmichael is a fourth-year honours student in political will have to engage with their supporters to earn their science and history at the University of New Brunswick. She is money. The system also appears quite egalitarian since planning to enter law school in the fall of 2014. Paul Howe is a parties must rely on many small donations to secure professor in the Department of Political Science at the University substantial funds rather than a small number of large of New Brunswick and author of Citizens Adrift: The Democratic Disengagement of Young Canadians (2010). donations.

16 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 The presumption of equality, however, warrants influence participation rates across different forms closer investigation. While $1,200 can appear to be of political and civic engagement. With respect to a relatively low cap, it does represent a substantial political donations, they found that income had a amount of money for many Canadians who might very powerful impact, especially when the size of consider donating to a political party. It is reasonable donations was taken into consideration. Those with to assume that contributions of this size are out of deeper pockets contributed much more, on average, reach for many would-be donors in lower income than those of lesser means. Of course, the principal groups. At the same time, larger donations have limitation of this study for our purposes is that the potential to count for much more than smaller political finance law in the United States differs greatly donations: receiving $1,000 from one person is the from Canada, with few effective upper limits on the same as receiving $50 from 20 people. The concern, amount an individual can donate. It does, however, therefore, is that there may be significant inequalities demonstrate the potential importance of examining in the system in the form of a general skew to donation amounts in order to assess the influence of donation patterns across income levels. This research income on political giving. seeks to assess whether these concerns about potential Methods inequalities, in particular income inequalities, are merited. The current research sought to fill the gaps in our current knowledge by drawing upon available data Donations to Canadian Political Parties: sources to analyze potential inequalities in Canada’s What We Know system of political donations. Two main steps were Prior research into political financing in Canada is involved in the data collection process (further quite limited. Despite substantial changes in political details can be found in the Methodology Appendix in finance regulations over the past 15 years, including the electronic version of this article on the Canadian the banning of corporate and union donations, the Parliamentary Review’s web site). The first was to introduction of caps on individual donations, as well gather information on a randomly selected sample as the introduction (and now elimination) of per-vote of donors to the five parties with a representative in subsidies, there has not been much investigation of the House of Commons, by using publicly available patterns of political giving. data on donors giving $200 or more. Just under one thousand such donors (out of a total of 92,470) from The most relevant recent study, by political the years 2010 and 2011 were sampled from databases scientists Harold J. Jansen, Melanee Thomas, and Lisa downloaded from the website of Elections Canada. For Young, is entitled ‘Who Donates to Canada’s Political each sampled donor, two key pieces of information Parties?’.4 Jansen and his colleagues do find that those were obtained: the size of their donation and their with higher incomes are more likely to give to political postal code. parties, but this does not emerge as a dominant factor in their analysis. Age is a more powerful demographic The second step in the data collection process was variable – older Canadians are considerably more to use the postal codes of donors in combination with likely to donate to parties – while other factors such as 2006 census data to determine the median household membership in a political party and political interest income of the dissemination areas where donors have the strongest effects on political giving. The main lived (dissemination areas, or DAs, are the smallest limitation of the study, however, is that it is based on geographical units used by Statistics Canada, each surveys that only probe whether respondents have containing 400 to 700 individuals). Census data were given money to a political party. The surveys do not also used to gather information on income levels for ask about the size of their donation(s) and therefore all Canadian DAs for comparison purposes. this important dimension cannot be considered in the As an additional follow-up step, donations by the analysis. same 1,000 individuals were tracked over a longer Research in the United States that has taken the size period (2007 through 2011) using the Elections of political donations into account has found income Canada donor databases. The same step was carried to be a more significant part of the story. In their 1995 out for individuals in the databases sharing the book Voice and Equality: Civic Voluntarism in American same surname and postal code as the initial donor – Politics, Sidney Verba, Kay Lehman Schlozman, and individuals assumed to members of the same family. Henry Brady examined various forms of political This additional step provided information about total participation in the United States with a particular donations over a longer period for both individuals emphasis on the way in which tangible resources and families.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 17 Finally, aggregate data from Elections Canada on Using additional information gathered in a second total donation amounts for each of the parties was phase of data collection, Table 2 shows patterns of assembled and analyzed. This is the only component donations over multiple years from 2007 to 2011, as well of our analysis which includes information on donors as family member donations over the same period. The making contributions of $200 or less. Using this data majority of donors in the total sample are multi-year allows us to establish this important point: while donors (nearly 70 per cent donated in more than one those giving more than $200 to a party in the years year). Furthermore, those who give larger amounts are 2010 and 2011 made up just 24.7 per cent of all donors, particularly apt to be multi-year donors. Almost all in their donations accounted for approximately 63.4 the top donor group (86 per cent) made a contribution per cent of total donation dollars. While this skew in more than one year, with 48 per cent giving in four in favour of larger donors would almost certainly or five years. By contrast, in the small donor group 63 be even greater if there were no cap on political per cent gave in more than one year and only 22 per donations, it is still very substantial.5 Therefore, while cent gave in four or five years. our analysis, by necessity, is limited to a minority of Table 2: Multi-year donations and family donors (since only individual donations over $200 are donations (2007-2011) by donation size publicly disclosed), it does encompass a majority of the donation dollars. Focussing on this group is then Donation Size a reasonable way of gaining some basic insights into potential inequalities in Canada’s system of political No. of years donating $200-$400 $400-$750 $750-$1100 Total donations. 1 37.3% 27.0% 14.1% 30.8% Findings: General Patterns of Donations Table 1 provides information on donation amounts 2-3 40.9% 34.3% 37.9% 38.8% among our sample of donors (those giving more than $200 to a party in the years 2010 and 2011). Fifty-nine 4-5 21.8% 38.7% 48.0% 30.3% per cent gave an amount between $200 and $400. A further 23 per cent gave an amount between $400 and Total 100.0% 100.0% 100.0% 100.0% $750. The remaining 18 per cent donated between Family mem- 10.1% 16.3% 19.5% 13.4% $750 and $1100 (the donation cap in 2010 and 2011).6 ber donating Table 1 also indicates mean donation amounts, for Smaller donors are also less likely to have family all donors combined ($495) and within each of the members making donations over the 2007-2011 three categories of donors ($314, $556 and $1026). period. We were able to identify donations from family Using this information, Table 1 provides estimates members for just over 10 per cent in the small donor of the share of the total donations coming from these category, compared to nearly 20 per cent for the large three groups: 37.5 per cent, 25.9 per cent and 36.6 per donor group (Table 2).7 These points further underline cent, respectively. In other words, while there are the concentrated nature of political donations: the more than three times as many donors in the ‘small’ small minority who give the largest amounts tend to donor category ($200 to $400) compared to the ‘large’ give more frequently and are more likely to have a donor category ($750 to $1100), donations from the family member giving as well. two groups account for roughly equal dollar amounts. Political Donations and Income Table 1: Donation size (donors over $200 only) To further probe potential inequalities in the system of political donations, information was collected on Donation Donors Mean Total donation Size (%) donation ($) dollars (%) income levels, both for donors and Canada-wide. Census data provided median household income8 $200-$400 59.2 $314 37.5 for the dissemination areas corresponding to the postal codes provided by donors, as well as median household income for all DAs in Canada. $400-$750 23.1 $556 25.9 The Canada-wide data were used to calculate income $750-$1100 17.7 $1026 36.6 quintiles: five income categories each containing 20 per cent of all Canadian DAs. 9 Our donor sample was then divided into the same five categories. If income Total 100.0 $495 100.0 were unrelated to political donations, we would expect

18 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 to see approximately 20 per cent of the sample in both in a given year (a group which accounts for nearly two- the bottom and top quintiles (and in all intermediate thirds of all donation dollars). This basic inequality quintiles as well). Instead, as Figure 1 shows, 37 per is exacerbated by the fact that those in lower income cent of the donor sample were found to be living in areas who do make donations over $200 tend to give DAs in the top income quintile, while 10 per cent were smaller amounts than those in high income areas, to in DAs in the lowest quintile. Instead of a ratio of 1:1, give less frequently, and are less likely to have family the ratio of top to bottom income quintiles in the donor members making donations. sample is nearly 4:1. As for those who donate amounts of $200 or less, we do not have individual-level data available to undertake similarly precise calculations. However, we do know, from the analysis of Harold Jansen and his colleagues reported above, that survey data asking about political donations in general reveal that those with higher incomes are more likely to be donors. Since those donating $200 or less account for about three-quarters of all donors, it is likely that these general results would hold for this group – in other words, that even among the smallest donors, there would be a greater incidence of individuals from high-income areas (though we would anticipate that income disparities would likely be less pronounced in this group, therefore having some mitigating effect). Any equalizing potential of donations of $200 or less is also limited by the fact that donations of this size only represent 37 per cent of all donation dollars. This inequality in political donations across income groups is even more severe for the top donor category. Political Donations and Parties Among those giving amounts over $750, 51.7 per cent One further inequality often noted about the pattern are in the top income quintile, compared to 8.0 per cent of political donations in Canada is that one party, the in the bottom quintile, a ratio of 6.5:1 (for the middle Conservative Party, has been much more successful in donor category the ratio is 3.8:1, and for the small raising money than the others. In fact, the Conservatives donor group it is 3.1:1). There is also a connection up until recently have raised more money from their between income and size of donation apparent in supporters than all the other parties combined. mean donation amounts: $485 for the lowest income quintile, compared to $543 for the top income quintile. It does not, however, appear that this fundraising edge derives from a special advantage for the Unequal patterns of political giving across income Conservatives among high-income groups. The ratio categories are evident as well in the results for multi- of donors in the top and bottom income quintiles year donations and family donations. In the top income for the Conservatives is 3.6:1, which is just about the quintile, 33 per cent had given in 4 or 5 years between same as the overall result for all parties combined. For 2007 and 2011, compared to 24 per cent of those in the the Liberals it is substantially higher at 6.4:1, while bottom quintile. Similarly, we were able to identify for the NDP, it is 2:1. The mean donation amount to donations from family members for 13 per cent of these three parties among our sample reflects these those in the top income quintile compared to just differences: $509 for Conservative donors, $523 for under 2 per cent (1.5 per cent) of those in the bottom Liberal donors and $444 for NDP donors. Our samples quintile. The mean value of the total amount donated sizes for the Greens and the Bloc are somewhat smaller, by individuals and their family members over the but the general patterns for these two parties look five year period also differed significantly: $1440 for more like the NDP than the other two parties. If there the bottom quintile versus $1907 for the top quintile, a is a difference between parties, it is mainly between difference of 30 per cent. the two traditionally dominant parties in Canadian In sum, the principal source of inequality in political electoral politics and the other three. But at the same donations across income groups is the simple incidence time, the issue of income inequality cuts across parties: of giving: relatively few Canadians living in low- all are more dependent for their donation dollars upon income areas give more than $200 to a political party Canadians with higher incomes.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 19 Conclusion Notes Equality is a core principle of democracy. Clearly, 1 Acknowledgements: Preliminary work on this paper was the federal system of political donations has some carried out as part of a course in political science research methods at the University of New Brunswick. Students in noteworthy inequalities. Despite a seemingly low the class carried out the first phase of data collection, as well cap on donations (now set at $1,200 but soon to rise as aiding in the methodological design and examination of to $1,500), it remains the case that ‘big’ donors carry preliminary results. The assistance of the following students considerable weight, accounting for a substantial is gratefully acknowledged: Jeffery Barrieau, Tia Beaudoin, proportion of total donation dollars. Furthermore, Jake Doucet, Megan Henwood, Sean Hutchins, Adetunji Lawal, Adam Melanson, Joshua Michel and Justine Salam. these donors are disproportionately from the wealthier We would also like to thank Siobhan Hanratty, Government sections of Canadian society. Arguably, the fact that Documents and Data Librarian at UNB, for her assistance in these donation dollars are multiplied by the provision accessing and working with the Statistics Canada databases of substantial public funding (in the form of tax used in this study. credits and reimbursement of electoral expenses) only 2 It is surprising for various reasons, not least because this aggravates these inequalities. was a key issue in the prorogation crisis of 2008, as the Liberal Party and the New Democratic Party moved to form The subject of political donations, and our system a coalition, supported by the Bloc Québécois, in response to of political finance more generally, would benefit the Conservative Party’s attempt to eliminate the per-vote from further research and public debate. These issues subsidies in their November budget update. are also pertinent at the provincial level, where rules 3 The cap is increased from time to time to allow for inflation, governing political finance vary widely. Regulations It was increased from $1100 to $1200 in 2012 and will in many provinces are more lax than at the federal increase again to $1500 under provisions of the new Fair level. A majority still allow political contributions from Elections Act. sources other than individuals. Caps on donations are 4 The paper was presented at the 2012 conference of the generally higher or non-existent. In many cases, tax Canadian Political Science Association. See http://www. credits for donations are the principal source of public cpsa-acsp.ca/papers-2012/Jansen-Thomas-Young.pdf funding; the more egalitarian method of providing 5 A relevant comparison can be drawn here with charitable annual subsidies to parties based on votes in the donations, for which there is no cap. A 2012 report from previous election is less common. Statistics Canada (based on the 2010 Canada Survey of Giving, Volunteering and Participating) found that From the standpoint of democratic equality, donors in the top 25 per cent accounted for 83 per cent of regulations in Quebec are the most rigorous. In 1977, all donation dollars to Canadian charities. This suggests that the concentration of giving is more pronounced for Quebec was the first Canadian jurisdiction to ban charitable donations than for political donations and that corporate and union donations and to set a relatively the cap on political donations does have some effect in stringent cap on individual donations ($3,000 mitigating potential inequalities. (Charitable donation annually). Recent debates in the province around results are reported in Martin Turcotte, ‘Charitable Giving issues of political finance led the Parti Québécois by Canadians,’ Canadian Social Trends, April 16, 2012, p. 26). government to reduce the annual donation cap to 6 Donations of exactly $400 (16.4 per cent of the sample) are just $100 in 2013. The province also uses a system of included in the $200-$400 category. Donations of exactly matching donations from government in lieu of tax $750 (9.7 per cent) are included in the $400-$750 category. Donations of exactly $1100 represent 8.0 per cent of the credits, which presumably facilitates giving by those sample. Our choice of donor categories corresponds to the for whom money is tight and a tax credit at the end tax credit system: donations up to $400 receive a tax credit of the year is insufficient incentive to make a larger of 75 per cent, amounts between $400 and $750 earn a credit donation. In addition, Quebec has increased the of 50 per cent, and amounts over $750 receive a credit of annual subsides provided to parties based on votes at 33.33 per cent. the previous election. 7 These should be considered lower end estimates, since the method of identifying family members was a conservative Assuming greater equality would be desired by one. See Methodology Appendix for details. Canadians, there are clearly a number of policy changes 8 The precise variable used is median family income for to consider. In our view, the most simple and pressing ‘economic families.’ at the federal level would be the re-introduction of the per-vote subsidy to offset the inequalities evident 9 The precise income quintiles are as follows: $47,969 or less; $47,969.10 to $59,481; $59,481.10 to $71,189; $71,189.10 to in the system of political donations. Certainly these $87,012.80; and $87,012.90 or above. DAs for which median issues should be thoroughly examined and discussed income data are suppressed by Statistics Canada due to in a way they have not been to date. small sample sizes (2.8% of all DAs) were excluded from these calculations.

20 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Perspectives on the Election of Committee Chairs

The following is a revised and abridged version of the October 21, 2013 debate on MP Brad Trost’s private member’s motion (Motion No. 431) which proposes to instruct the Standing Committee on Procedure and House Affairs to: (a) consider the election of committee chairs by means of a preferential ballot system by all the members of House of Commons, at the beginning of each session and prior to the establishment of the membership of the standing committees; (b) study the practices of other Westminster-style Parliaments in relation to the election of Committee Chairs; (c) propose any necessary modifications to the Standing Orders and practices of the House; and (d) report its findings to the House no later than six months following the adoption of this order.

Brad Trost (Saskatoon—Humboldt, CPC): directly by their committees. Peter McKay, the member for Pictou—Antigonish—Guysborough, said he idea behind at the time: “An independently elected chair...would this motion comes demystify and give greater credibility to the process. Tfrom two sources. What we are talking about is not the election of The first, and probably opposition members to fill those important positions the most relevant to this of chair, but government members.” Dick Procter, the place, is the debate that member for Palliser, noted: “Frankly we make it far too was held in 2002 on an easy for the media to cover politics in a very partisan opposition supply day. fashion. There is a high angle shot which highlights, There were members of maybe even exaggerates, the neutral zone between the the Liberal government government side and the opposition side.” That was caucus, the Canadian the general tone of the debate that day. These were Alliance, the Progressive members getting together and talking about ways to Conservatives and the enhance the credibility of committee chairmanships, NDP, who worked their powers and election. together to get a motion through. The motion at that time was about the election of committee chairs The second inspiration for this motion is what is known as the Wright report, a report by the British House of Commons. Several years ago, Great Britain began to look at a considerable number of reforms to make its House of Commons work. One of them, CPC MP Brad Trost is the sponsor for M-431 (Election of among other things, was to look at the election of committee chairs) in the 2nd session of the 41st Parliament. He committee chairs. In the last year it has looked at and was first elected in Saskatoon-Humbolt in 2004. Liberal MP Ted revised the changes that were implemented by the Hsu has represented Kingston and the Islands since the 2011 general election. First elected in 2006, the Hon. Laurie Hawn, Wright report, and by and large it has come to a very Edmonton Centre CPC MP, is a former parliamentary secretary to positive conclusion. It seems to be working, and it the Minister of National Defence. NDP MP Christine Moore has seems to be very substantive. represented Abitibi—Témiscamingue since 2011.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 21 There were several different positive results committees listed, which is, perhaps, unwieldy, or we from this change. First, there is the perception of could have a separate ballot. independence and impartiality. We are in a unique How would we actually ensure diversity among business in politics. Reality is not always reality the people who are committee chairs? One of the in politics; perception is reality. If we take steps to first things I would say is that this is a very political process. Everything we do here is political. I would think all members of the House would have some “In presenting this motion, I am seeking interest in seeing a diverse range of people taking the concrete ideas as to how we can take this chairmanships of the committees. Therefore, there would be a pressure to vote for a variety of candidates and make this very modest reform and to encourage people who we know may not fit the hoping this will serve as a springboard to traditional image of a committee chair to step forward. start to think about other ways and other It would probably be more difficult for rookies to get places we need to have reforms done, both in appointed or elected as committee chairs than it would committee and in caucus.” be for veterans. That is normative now, as we see most ~Brad Trost committee chairs are people with experience. It does help to have some idea how this place runs before we get involved in a leadership post. Having said that, if someone is an energetic brand new member with democratize and bring forward more independence, a talent and an ability to communicate, they will be and more perception of independence, we enhance the known by members in their caucus and the members reality of democracy. That is not to imply any sort of of their caucus will vouch for that and will help them criticism to current chairs – by and large, in my nine- to get their candidacy put forward. plus years in the House of Commons I have dealt In presenting this motion, I am seeking concrete ideas with excellent committee chairs. Second, members are as to how we can take this and make this very modest more likely to be engaged. One of the areas where we reform and hoping this will serve as a springboard to do get engaged as members of Parliament, in a very start to think about other ways and other places we deep and substantive way, is at our committees. We need to have reforms done, both in committee and in often do not have the time to become an expert on caucus. This would be an opportunity for members to all aspects of debate here in the House. As members come together, to be collaborative, to be productive. take responsibility at committees, through election, I suggest this as a very modest, positive step to help engagement and increasing independence, members make this place a more functioning, better democracy. will be more engaged and able to act. Ted Hsu (Kingston and the Islands, Lib.): This motion would not change who would be eligible to run for the chair of a committee. In a situation with support this idea. I a minority Parliament, opposition members would not must say that I feel choose from their ranks to fill the committee chairs a bit uneasy when I that are normally filled by the government. Some I am introduced at riding honourable members have asked why this motion does events as the Liberal not also apply to vice-chairs. On principle that would member of Parliament be a very good step; however, this would complicate for Kingston and the this motion and reduce its odds of being accepted and Islands. My duty as an I, as a government member, do not want to send the MP is to represent my message that I am imposing such a procedure on the constituents in Kingston opposition. and the Islands here in How would this change function? The ultimate the House as well as decision would be given to the committee. I would to say and do what is envision after the election of a speaker we would use best for the country. I a large preferential ballot. If there is more than one am their member of Parliament. I am not simply the candidate who has put his or her name forward to Liberal Party’s presence in Kingston and the Islands. stand, we would very simply number off: one, two, We in the House, from all parties, are here to keep three, four. We could have one ballot with all the tabs on the government of the day. If we presume

22 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 to hold the executive to account, we must have a Hon. Laurie Hawn (Edmonton Centre, CPC): functioning independent committee system that merits the public’s trust and confidence. The Standing Orders he motion tell us that committee chairs are elected by secret first sets out a ballot from among the members of the committee, but Trequirement for the Standing Orders do not fully reveal reality. The the procedure and current reality is that committee activities are often House affairs committee directed by the executive branch of government, and to consider the election a parliamentary secretary for a minister of the Crown of chairs by a means often sits on the committee and guides its work. That of a preferential ballot work includes going to great lengths to protect the system by all members government of the day. of the House. The motion then states that the committee would “We in the House, from all parties, are here be required to study the to keep tabs on the government of the day. If practices of committee we presume to hold the executive to account, chair selections in other Westminster style parliaments. It concludes with the committee having to table we must have a functioning independent its findings within six months of the motion being committee system that merits the public’s adopted, including any necessary modifications to the trust and confidence.” Standing Orders. ~Ted Hsu Let us discuss the context for the current chair selection system. Standing Order 106 provides that at the start of every session and, when necessary, during Committees are not as independent as they could a session, each standing or special committee shall elect be, but then, committee membership and committee a chair and two vice-chairs. If more than one candidate chairs are determined by the executive branch or by is nominated, an election is conducted by secret ballot. the leadership of opposition parties, who, to be fair, This approach is consistent with the long held view may be thought of as executive branches in waiting. that committees are masters of their own affairs. Much of what happens in the House is determined by Before this motion came forward I was not aware the leadership of political parties. They may have what that there were any major concerns with our current they believe to be the best interests of the country at system. The existing rules for committee chairs have heart, but we have been elected not only to say and now been in place for over 10 years. I believe it is fair do what is best for the country, and that is why we to say that the current system functions efficiently. It support our political parties and work as a team here was the Canadian Alliance Party that brought forward in Ottawa, but to represent our constituents. Therefore, a change of the rules through an opposition day motion Parliament and its committees must be more than in October, 2002. The motion proposed to change fields of battle between political parties. the Standing Orders to require a secret ballot when The election of committee chairs by a preferential selecting committee chairs. The premise for the motion ballot would have the potential to make the chairs and was the belief that committee members should have the their committees more independent of the government freedom to vote by secret ballot for the member of their of the day and more effective. I acknowledge the choice to be chair. The House agreed with that rationale caveats that have been raised by colleagues, including and adopted the motion by a vote of 174 to 87. the requirement that certain chairs be filled by I should note that although the previous government members of the Official Opposition, the need for the did not support the motion, many of its members did. preferential ballots to be secret, the risk of gender and After it passed, there was no subsequent attempt to regional imbalances and the need for the study by the undo the changes to the rules that it brought into effect. committee to address these concerns. We don’t know The result we see today is that committee chairs are the full implications of this proposal nor to what extent elected by the members of the committees they serve. it would nudge the balance of power in the House back toward elected members of Parliament, but it is a good With respect to electing committee chairs in other step to consider at committee. jurisdictions, many of the other Westminster style legislatures have the same system in place that we have.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 23 Most provincial legislatures, as well as the parliaments Some of the questions and concerns members will be of Australia and New Zealand, have systems of electing no doubt commenting on include these: Is there a need committee chairs that are essentially the same asthe for changing the current system? Is there something one we use here. about the system that is not working? Do members want a system where opposition members could influence An exception to this general approach is the United the selection of government chairs and government Kingdom, which only recently changed its system and members could influence the selection of opposition rules in 2010. Under the new rules, at the start of a new chairs? What are the mechanisms for removing parliament, the allocation of chairs of each party is set, chairs from their positions once elected? Would just committee members vote on this or all members of the House? How might this proposal affect considerations “We should keep an open mind about such as adequate gender or regional representation changing these rules, but such change should of committee chairs? Are these important issues for never be a trivial matter. Rather, prudence, members? Are we willing to consider moving to a due diligence and a wide support among system based on one established very recently in 2010, for which there is little understanding of its long-term members are needed before considering any impacts and possible unintended consequences? significant changes to the Standing Orders.” ~Hon. Laurie Hawn A study by the procedure and House affairs committee could review these and many other considerations. The committee is already undertaking a review of House rules and could review the process for based on the results of the previous election. Members electing committee chairs in the context of its broader are then able to submit nominations for committee chair review of the rules. The government will support this positions, as long as the member they nominate is from motion. That said, it is important all members consider the party which has been allocated the chair for that what is at stake when we implement any changes to committee. To be nominated, a member must obtain the Standing Orders. Any such decision should be signatures from either 15 members of his or her party or made with a clear understanding of potential impacts 10 per cent of the party’s members, whichever is lower. down the road. All members of that House vote to elect committee Christine Moore (Abitibi—Témiscamingue, NDP): chairs based on a system of preferential ballots, ranking as many candidates as they wish. A candidate is elected ince this will once he or she has received more than half of the votes, be studied in with the lowest candidate dropped from the ballot and committee, the those votes distributed according to the rankings after S end result may be any round that does not generate a majority outcome. different. However, This new system was implemented in 2010, so it has we will seriously only been used once. In that case, 16 of 24 committee consider the issue. The chair positions were contested and decided by important thing is to preferential ballot, and 8 were elected unopposed. At find a way to improve this time, it is too soon to determine what the long-term the democratic process impact of those changes will be or whether there are and the independence any unintended consequences of the changes. There are of our committees. We several factors in the consideration of changes to House will consider this in an rules. ordered, thoughtful way and if possible make the appropriate changes. Members will know that the rules of the House are Democracy must continually evolve and improve. carefully balanced, based on parliamentary principles and traditions and reflect the interests of all members. Although the motion is rather straightforward, the We should keep an open mind about changing these process of electing committee chairs can be somewhat rules, but such change should never be a trivial matter. complex. Electing 20 or so committee chairs by Rather, prudence, due diligence and a wide support preferential ballot at the beginning of each session among members are needed before considering any could be difficult for new members, because they do significant changes to the Standing Orders. not know the candidates. Within the first few days of my arrival here in the House, we voted to elect the

24 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 speaker of the House. We received some letters, and Of course, the voting system will have to be discussed I tried to learn about and understand the candidates. in order to determine if it would be by secret ballot or That is how I made my choice. However, if we have to recorded vote. The voting system that is chosen will do that for all of the committees, that is a lot to ask of have to be effective and result in chairs actually being new members who are trying to understand how the elected. If it takes several hours of voting for each House of Commons actually works. committee and there are 24 committees, then this risks being a complicated way to begin a session and it could Furthermore, if committee chairs were to be elected, make it difficult to implement the motion. However, it would only make sense to give all the members time to get to know the candidates. However, if we delay the election of committee chairs, would this not also delay the beginning of committee work at the start of “Electing 20 or so committee chairs by each parliamentary session? These questions need to preferential ballot at the beginning of each be examined in committee. session could be difficult for new members, Gender inclusiveness is also very important to because they do not know the candidates.” me. I fully support the principles of democracy and ~Christine Moore independence. At present, I imagine that both the government and official opposition whips—at least I am sure this is true of the official opposition whip—try solutions may already exist to ensure that it happens to have adequate representation of women as chairs very quickly and that we can promptly get to work on and vice-chairs. How can we be sure that this principle electing committee chairs. is honoured and give women, who are often under- That said, I am questioning whether the preferential represented, access to these positions? This principle ballot is necessarily the best voting system and needs to be protected when new committee chairs are whether, with 308 ballots, the numbers might make elected. the calculations too complicated. There are plenty of There is also the issue of representation of minorities. questions. For example, what would happen in the I am also wondering if, during this process, the four case of a tie? Would we have to start the voting all over committee chair positions that are currently reserved again? Although the motion is a simple one, it is clear for the official opposition will remain that way. That is that it could be quite difficult to actually implement something else that must be looked at. because of all the technical, practical details that need to be looked at in order to make it an effective In fact, there are many technical details that will process. However, in order to protect the principles of need to be looked at. For example, could someone be independence and democracy, I think it is really worth considered for two chair positions at the same time? examining this motion, taking the time to study it and Currently, the majority of chairs are government party checking to see if there are one or more ways that it members, except the four positions reserved for the could be implemented. official opposition. Would someone who is normally not allowed to hold the position—because he is a Editor’s Note: Motion No. M-431 was further debated by member of the third party or sits as an independent— the House on January 29, 2014, and adopted on February be able to throw his hat in the ring? 5, 2014.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 25 House of Commons Committee Chairs: Perspectives of Two Members of Parliament

Alexis Dubois

In this article, the author looks at the issue of the impartiality of chairs of the House of Commons standing committees during the 41st Parliament. He explains the importance of the Standing Orders of the House of Commons, constitutional conventions on responsible government and the disciplinary mechanisms influencing the behaviour of committee members. He suggests reforms to improve the operation of Canada’s House of Commons by examining the situation in the United Kingdom and the way in which the Standing Orders of the House of Commons have evolved over time.

n his classic book The Parliament of Canada, which for the proper operation of parliamentary institutions describes the many aspects of the business of that the first two roles, as outlined above, be properly Ithe House of Commons, C.E.S. Franks noted a performed, even if that means abandoning the third. paradoxical aspect of the roles and responsibilities of The analysis is built on a literature review which standing committee chairs that is still apparent today: includes a roundtable discussion conducted by the Chairmen in effect wore three hats: one, they Canadian Parliamentary Review with different Speakers were to ensure that the committee proceedings of legislatures around Canada in the summer of 2004. were orderly and fair, the same sort of impartial role as the Speaker plays for the House; two, they Other examples were taken from a research conducted had some responsibility for the effectiveness by Lynn Matte, parliamentary intern in 2010-2011, of the committees and the quality of this work, with government committee chairs Hon. Michael and helped to organize and lead investigations; Chong and James Rajotte. To supplement the research, and three, they had a function of protecting the Michael Chong, Chair of the Standing Committee on government’s interests when these were under attack by opposition members of the committee. Official Languages, and Pierre-Luc Dusseault, the then Chair of the Standing Committee on Access to To the parliamentary observer, a committee chair’s Information, Privacy and Ethics and member of the first and third roles appear to be in clear contradiction. Official Opposition, were interviewed on May 8 and How is it possible for a member of the government 16, 2012, respectively. party to be impartial while protecting the interests of the executive branch, or the interests of the opposition Standing Orders, party cohesion and interests parties in the opposite case? This paper will describe Committee work is characterized by a set of rules, the tension that arises in the course of committee chairs’ conventions and privileges (both express and implicit), work, thus revealing the limits of their impartiality. The that members must know how to use in order to normative position on this point is that it is desirable perform and fulfill their legislative roles. The Standing Orders of the House of Commons provides Alexis Dubois was a parliamentary intern in 2011-2012. His the rules that a MP must obey and are the primary article is based in part on interviews that he conducted with source of information on legislative matters. Chapter 13 two committee chairs, the Hon. Michael Chong and Pierre-Luc contains numerous provisions on parliamentary Dusseault. This is an edited version of a paper prepared for the Parliamentary Internship Program in 2012. The author can be committees, such as the political affiliation of the chair contacted at [email protected]. (Standing Order 106 (2)), membership of committees

26 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 (Standing Order 104 (2)) and powers and mandates to being subject to the usual rules of the House of (Standing Order 108). Committee members may Commons. Pierre-Luc Dusseault, the then Chair of the introduce motions for the purpose of organizing the Standing Committee on Access to Information, Privacy conduct of proceedings, establishing the committee’s and Ethics and member of the Official Opposition, agenda (studies, bills, appointments, travel and so on) contends a comparison can be drawn not only with the and allotting speaking time. For practical or procedural position of whip, but also with that of House leader: reasons, they may also strike a subcommittee on The parliamentary secretary is often the person agenda and procedure responsible for those matters. who tells the member who will ask the witnesses The Standing Orders also apply to all activities of questions and in what order, who issues the the House of Commons and remain in force from instructions most of the time, and the initiative parliament to parliament until the House decides rarely comes from any other member (during meetings of the Standing Committee on Access otherwise. Historically, amendments to the Standing to Information, Privacy and Ethics). Orders have mainly been made by consensus among the parties represented in Parliament. All cases for Parliamentary secretaries may also sit on which no provision is made in the Standing Orders subcommittees on agenda and procedure, where those must be decided by the Speaker of the House. committees are struck. A similar mechanism isin place on the opposition side. Although the Parliament A number of less formal, unwritten conventions and of Canada Act is silent on this point, the opposition practices particular to Westminster-style systems do parties tend to have critics for similar issues falling exist, although it is difficult to provide an exhaustive within committee mandates. For example, NDP and list, and they influence members in the course of their Liberal transport critics stand in opposition to the legislative work. Unlike American-style presidential Conservatives parliamentary secretaries and Minister systems, it is a constitutional convention of responsible of Transport in the 41st Parliament. Like parliamentary government that every government that is defeated secretaries, critics enjoy greater visibility and influence in the House on a question of confidence (motions of in the House and in the committees. Mr. Dusseault no confidence, motions that the government declares confirms this analysis: “Most decisions are made to be questions of confidence, some motions for the jointly, but sometimes the opposition members’ role granting of supply, the budget and the Address in within the opposition party is to support the critic’s Reply to the Speech from the Throne) must resign. position.” Consequently, critics occupy an enviable Consequently, mechanisms to guarantee party leadership position in ensuring that party’s actions cohesion have been developed to ensure greater are coordinated and that the party maintains cohesion predictability in legislative business by guaranteeing a similar to the government party. On June 1, 2012, higher degree of coordination of members’ individual opposition critics sat on all committees and 16 of the actions. In formal terms, a parallel may be drawn 22 House of Commons subcommittees on agenda and between the parliamentary secretary in a committee, procedure. who acts as a link to the Minister`s office and as a spokesperson to explain the government’s position, These mechanisms clearly achieve the desired and the government whip in the House in that the results and parties can expect a very high degree former ensures that the party’s position is known of party cohesion in committees and in the House. to committee colleagues. Consequently, since the Dissent is therefore unusual. As Mr. Chong confirms: government party holds a majority in all committees “It’s rare and MPs usually get disciplined on it.” in the 41st Parliament, if it maintains cohesion, it can Several disciplinary options are available to party exercise a major influence by virtue of its numeric leadership. One of these measures is to switch the superiority. According to Michael Chong, Chair of the member to another committee, although harsher ones, House of Commons Standing Committee on Official such as expulsion from caucus, may be considered. Languages and member of the governing party, the From a methodological standpoint, however, it is analogy between the parliamentary secretary and impossible to say, in the absence of admissions by the whip is not quite accurate. “It’s even worse,” he parliamentary players, whether disagreement with suggests. “Parliamentary secretaries are essentially the party line is the sole reason for disciplinary action. run by the ministers’ offices and every parliamentary After all, a member may be switched to another secretary is assigned a staffer out of the minister’s committee for various reasons besides individual office, a parliamentary secretary assistant.” As a result, actions. Neither the member at fault, out of fear of a work done in committee is controlled by the executive harsher reprimand, nor party leadership, which would branch based on specific political objectives, in addition then appear very rigid and autocratic, tend to have any interest in disciplinary action taken against a member

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 27 being known. As committee votes are not required aforementioned combination of objectives enables to be recorded individually, this researcher has no members to achieve a high degree of satisfaction with actual data with which to calculate the percentage of parliamentary work. votes during the current parliament (41st) in which a Impartiality of the House of Commons Speaker and member voted against the majority position of his or committee chairs her party in committee. As noted above, the business of the House of However, the case of Royal Galipeau, the Conservative Commons is characterized by a high degree of party member for Ottawa—Orleans, appears to suggest that cohesion, by coercion or persuasion. In committee, these disciplinary practices do exist. In the wake of the members align their individual actions by working and government’s appointment of a unilingual anglophone voting together in accordance with party allegiance. to the position of Auditor General of Canada, members Committee chairs must deal with this dynamic of the New Democratic Party and Liberal Party of when they balance the rights of the government Canada opposed the action. In debate in the Standing and opposition, while ensuring that they remain Committee on Official Languages, Mr. Galipeau, a impartial in the performance of their duties. Although Franco-Ontarian member representing a riding in considerable research has been conducted on the which one-third of constituents are Francophone, concept of parliamentary impartiality as it applies expressed an unfavourable opinion with respect to to the office of Speaker of the House of Commons, the appointment on November 22, 2011. Even if many much less has been written on the chairs of House of reasons can justify the absence of a parliamentarian Commons’ standing committees. from a committee meeting, a disciplinary mechanism Regardless of party may have been applied here. allegiance, the Speaker of the Subsequently, another MP “They can tell me whatever they want House of Commons, once was present instead of Mr but at the end of the day, I’m interpreting elected by fellow members, Galipeau at every meeting the rules in a fair and equitable manner.” represents the institution, not of the Standing Committee ~Hon. Michael Chong on the committee a particular political party. on Official Languages. This chair’s impartiality He or she is the guardian of lasted until January 31, 2012 order and decorum in the when the MP was removed House, its interests, the rights from the Committee. and privileges of all members, the right of the majority to govern and the right of the Individually and collectively, according to David minority to speak. The Speaker is independent of the C. Docherty in Mr. Smith Goes to Ottawa (1997) and executive branch of government and is impartial with Christopher Kam in Party Discipline and Parliamentary regard to all members, basing his or her decisions, Politics (2011), members use the Standing Orders to which have not been subject to appeal since 1965, on further their interests and objectives, which may be parliamentary practice and procedure. divided into three main categories. Even though there is a high degree of party cohesion, despite the brief Standing Order 10 clearly states: “No debate shall length of the average parliamentary careers, members be permitted on any such decision [of the Speaker], as individuals want to ensure they are re-elected. They and no such decision shall be subject to an appeal to must therefore work to achieve the success of their the House.” George Hickes, Speaker of the Manitoba party, their leader and their proposed policies in order Legislative Assembly from 1999 to 2011, summed up to achieve two other categories of objectives. First, that description in 2004 by saying, with respect to as members of political parties representing certain other members, that “I am not their boss; they must interests, ideas and values, they have objectives for comply with the Standing Orders” and that “they [the public policy. Legislative work helps them achieve Standing Orders] dictate the conduct of members, not these objectives by affording a range of opportunities I.” (motions, bills, visibility and so on). Second, at a The corollary of that duty of impartiality and professional level, members try to extend their influence independence with respect to one’s own party is by taking on more important and prestigious positions. that the Speaker must exercise the necessary reserve The positions of party leader, House leader, whip, in debates in Parliament. Standing Order 9 provides: minister and critic, committee chair and parliamentary “The Speaker shall not take part in any debate before secretary, with the opportunities they afford, help the House.” Michel Bissonnet, Speaker of Quebec’s them achieve their legislative preferences. Last, the

28 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 National Assembly from 2003 to 2008, notes: “A speaker can try to establish consensus and agreement among must be very careful when he speaks, and every speech the parties in order to perform the duties described must be made in a dignified, non-partisan manner to above. avoid undermining his impartiality and credibility Although there is an essential need for impartiality with all his colleagues.” In extremely rare cases, to among committee chairs and in the House of Commons, break a tie vote, the speaker will cast the deciding impartiality can be nevertheless sorely tested during vote (leaning, by convention, toward the status quo the election of committee chairs and in attendance at or toward future consideration of the matter). Such caucus meetings. occasions have arisen only 15 times in the House of Commons since 1867. Considering the number of Electing a House of Commons committee chair recorded divisions (363) in the previous parliament Unlike in the House, the credibility of a committee (40th) alone, for example, this is clearly an exceptional chair can be questioned on the basis of a democratic situation. criterion that relates not to the electorate, but to the Using the method of comparing analogous cases, it other members of a parliamentary committee and to the is possible to determine the nature of the impartiality other members of Parliament. Standing Order 106(3) of the Speaker’s office and to draw a parallel with provides for a specific procedure for electing the chair the committee chair. In committee, debate generally (or vice-chair) of a committee where several members focuses on subject matter limited by its mandate, are in the running. as defined in the Standing Orders. As confirmed by The process is not necessarily as competitive as in Standing Order 116, the Standing Orders apply in the House. When the Speaker of the House is chosen full, “except the Standing Orders as to the election of by members, those not interested in the position must a Speaker, seconding of motions, limiting the number indicate that fact and the remaining members are of times of speaking and the automatically candidates for length of speeches.” the position. In the election Mr. Dusseault made an The democratic legitimacy of elected of the Speaker of the 41st interesting observation in chairs in the view of other members Parliament on June 2, 2011, describing his office as “almost could be addressed by simply making a eight candidates expressed the same as that of the Speaker their interest, including of the House, except on a few amendments to the committee chair seven from the government smaller scale.” In addition to election process. party. Ultimately, the the duties referred to in the Hon. Andrew Scheer won the comment by C.E.S. Franks election. Even though there cited in the introduction, the duties of committee was a majority government, there was competition for chairs also include those of managing members’ the position, as may be seen from the seven ballots that speaking time, presenting committee reports in the were required to produce the outcome. House, participating in the conduct of studies as other At the first meeting of a House of Commons members and participating in and reporting to the committee, the chair must be elected and a process Liaison Committee. Unlike the Speaker of the House, is in place should more than one candidate contest however, the decisions of a chair may, as provided in the position. Committee members move motions to Standing Order 117, be appealed to the committee. nominate people for chair. Just as it assigns members House of Commons committee chairs must be to every committee, party leadership maintains control able to enforce the Standing Orders and not serve over the process and decides on the candidates. Based strictly partisan interests. Mr. Chong is clear with his on their own criteria, that leadership, exercised by the colleagues on this subject: “They can tell me whatever party leader, whip, parliamentary leader and their they want but at the end of the day, I’m interpreting the respective teams, may designate candidates at their rules in a fair and equitable manner.” Mr. Dusseault own discretion to the available positions. They must added, “You have to be open and fair with everyone then be confirmed by a vote. and not favour one party over another.” When the chair The use of this procedure was confirmed by renders a decision, this kind of behaviour establishes Mr. Chong and Mr. Dusseault. The members vote, of the necessary credibility with all players, not one course, but they do so in the same way as in the House, political party in particular. If conflicts and impasses in accordance with party line. According to Mr. Chong increasingly arise, the chair, if impartial and credible, and Mr. Dusseault, parliamentary committee chairs

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 29 are thus members who enjoy the party leadership’s However, the situation is entirely different for confidence. The official opposition, which is in the committee chairs. As might be expected, these minority on all committees, may approve or reject members attend all their Wednesday morning national appointments, but with a government majority on caucus meetings on Parliament Hill, take part in the the committee, supported by discipline, the chances meetings of their local executive and, if they are from of influencing the outcome of the election of the chair the governing party, may make announcements on remain very small. the government’s behalf. As a result, they appear to be much less independent of their party. However, even It is important to note, however, legitimacy as a if there are not necessarily any formal meetings for the committee chair does not take its only source from the members of a parliamentary group in committee such as electoral process to the position. After all, personal a caucus, pre-committee meetings are nevertheless their qualities such as diplomacy and the ability to listen equivalent. These meetings, which have become very to other’s opinions, professional qualifications and common in the recent string of minority parliaments experience can also afford what a committee chair (38th, 39th and 40th), are parliamentary party meetings needs to perform his or her duties. Nevertheless, the for the purpose of developing strategy for committee democratic legitimacy of elected chairs in the view of meetings. A committee chair is not barred by any other members could be addressed by simply making procedural rule from attending such meetings, which a few amendments to the committee chair election are the equivalent of caucus meetings. Considering process, as will be suggested in the section on reforms. the large number of committee chairs elected from the Attendance at pre-committee meetings government party (20 out of a total of 24), as stated in the Standing Orders, their involvement in this kind Interactions within caucuses are another cause of of exercise may undermine their impartiality. Given tension over the impartiality of committee chairs. The the potential presence of parliamentary secretaries contrast with practices in the House of Commons in (and parliamentary secretaries assistants coming from this regard is striking. the Ministers offices) at at pre-committee meetings, According to Audrey O’Brien and Marc Bosc (eds.) the blurring of powers, which benefits the executive, in House of Commons Procedure and Practice, Second is apparent and a problem. The same is true of the Edition, “in order to protect the impartiality of the impartiality of the office of committee chair. office, the Speaker [of the House of Commons] Although Mr. Chong and Mr. Dusseault agree that abstains from all partisan political activity (for this kind of situation exists, they differ widely in their example, by not attending caucus meetings), does analysis. Mr. Chong does not believe attending pre- not participate in debate….” The reason for this committee meetings poses a problem. He feels he must imperative is obvious. Since these weekly meetings interpret the Standing Orders fairly with respect to consist of in camera discussions on partisan strategy everyone and that being aware of his party’s future within a political party and are an opportunity for tactics does nothing to change that fact. “If they (the the party’s leadership to exercise its influence over all party) tell me what they are going to do, well, it is only party members in the House (this has been extended a nice point of information.” From that perspective, to include the executive in the government party), the the interaction between a committee chair and his presence of the Speaker of the House in the audience or her parliamentary party seem necessary and poses a problem. If the Speaker is aware of the party’s inevitable for the operation of the legislative process. upcoming parliamentary strategies or takes part in Consequently, based on that reasoning, there is no their development, how can he or she claim to have need to prohibit or restrict it. At best it would facilitate performed this duty of impartiality upon returning to future business by lending the proceedings a certain the Speaker’s chair? Consequently, as acknowledged degree of predictability. In Mr. Chong’s view, the in the works on practice and procedure in the House role of the chair at such meetings, and that of other of Commons by Beauchesne and by O’Brien and Bosc, government members, is negligible compared to that it is important for the Speaker to cut ties with caucus. of the parliamentary secretary. Michel Bissonnet, former Speaker at the Québec’s National Assembly, confirms that this is necessary, Like Jean Crowder, former opposition Chair of the noting that the Speaker never attends the caucus Standing Committee on Access to Information, Privacy meetings of his party. This is also confirmed by former and Ethics, Mr. Dusseault does not attend pre-committee speakers of provincial legislatures such as George meetings. In his view, doing so would undermine his Hickes (Manitoba), Bev Harrison (New Brunswick) “impartiality and credibility.” Mr. Dusseault believes and Ken Kowalski (Alberta). that if his conduct as committee chair demonstrates

30 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 that he is impartial outside of formal meetings, he may First, in the election of committee chairs, it is possible then appear much more credible with all members to copy the procedure used to elect the Speaker of the when a decision has to be rendered. On the other House. Franks raises this possibility by describing hand, based on Mr. Dusseault’s reasoning, if a chair the British model of 1987 (which has evolved since assists in implementing a party’s strategy, discusses that time), while David C. Docherty in Legislatures with members of his caucus information intended (2005) proposes that the House model be used. The for the chair as an impartial representative of the two approaches are complementary, as the current committee and is informed of government instructions experience of the British House of Commons shows. for government party chairs, the impartiality of the In the United Kingdom, the political allegiance of position, the credibility of the chair among its members the chairs of every committee must be determined at may be undermined. Although this kind of dynamic the start of each Parliament (with the exception of the is not a very serious issue in the course of routine Public Accounts Committee, the chair of which is filled proceedings, the situation may be quite different if a by the Official Opposition). Members may then run tough decision has to be rendered. The chair’s position for available positions. To do so, they must obtain the may prove to be more difficult if tensions rise in support of 15 per cent of the members of their party in committee, and, as witnessed on two occasions during Parliament or 10 per cent of all members. The election the 39th Parliament, a motion may be introduced to process is then conducted by preferential balloting of remove the committee chair. all members of the House, which prevents the process Toward reforms of committee work from working to the benefit of the majority party. As C.E.S. Franks notes, reforms have been proposed This would also be beneficial for other reasons. for the work of committee chairs over the past 60 years. First, the vote by secret ballot by a very large number Under John Diefenbaker, the first Official Opposition of members (650 in the case of the British House of member was appointed to chair the Standing Committee Commons and 308 in the case of Canada’s House of on Public Accounts and Commons) would encourage under Pierre Elliott Trudeau, many candidates to run committee chairs were from a single political party, given more powers. To Like Jean Crowder, former Chair of making it virtually impossible achieve reform, however, the Standing Committee on Access to to use disciplinary sanctions an essential premise must Information, Privacy and Ethics, Pierre- towards elected members be considered. The consent Luc Dusseault does not attend pre- who would dissent from the of party leadership must committee meetings. In his view, doing party line. There would be be obtained for any reform genuine competition for the involving an amendment so would undermine his “impartiality office, and the involvement to the Standing Orders - and credibility.” of all members in confirming an action that normally appointments would confer requires a consensus among additional legitimacy on the parliamentary players. Party process, in addition to that leaders clearly have no interest in such reforms since based on the qualifications of the committee chairs. As that would cause them to lose the control and power a result, the influence of party leadership in this matter they have over parliamentary players; this control is would be reduced to the benefit of the caucus. This useful in ensuring a certain degree of predictability and reform could ultimately relieve the tensions attending efficiency in the legislative process. In an institution the election of parliamentary committee chairs. in which dissent is often seen as embarrassing to the Mr. Chong believes that such reform is appropriate leadership of a political party, what would be the benefit and could be included in a broader effort to rebalance to party leadership of a loss of control and a decline in the legislative and executive branches. Other action the predictability of proceedings? Consequently, it will could also be considered for the purpose of transferring be readily understood why the reform of democratic power from the leadership to caucus. In Mr. Chong’s institutions is possible but extremely rare, even if it view, the British example warrants more attention in is desirable in increasing legislative power relative to this regard. Mr. Dusseault also agrees that such reform executive power. For this researcher, however, practical could be promising, provided its actual implications consideration aside, there are possible solutions to the are determined. problems raised in the previous two sections.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 31 The issue of committee chairs’ attendance at pre- This approach should be considered for the committee meetings is more problematic to address for purposes of committee chairs. Committee chairs must numerous reasons. First, since pre-committee meetings withdraw voluntarily from pre-committee meetings if are informal items on the parliamentary agenda this practice is to be maintained over time. The reasons (unlike national caucus meetings, which are held on given by Mr. Chong are logical but based solely on Wednesday mornings when House of Commons is the good faith of committee chairs. If tensions were to sitting), how could they be prohibited? Second, since rise in the House, in the event of a return to a minority the government party cannot forgo the services of Parliament, for example, there would be enormous 20 of its committee chairs in its caucus, contrary to pressure for committee chairs to play a more active what is done for the Speakership of the House, how role, and their impartiality could be greatly tested. is it possible to have fair Standing Orders that do not Considering the influence of the executive branch and penalize the necessary interactions between the chair the parliamentary secretary at pre-committee meetings of the committee and its members? and in the planning of partisan strategy, committee chairs would gain greater legitimacy, if some restraint The development of the procedure and practice of was observed. Mr. Dusseault validates this statement the House of Commons can be of assistance in this by his conduct, inspired by that of his predecessor, regard. In the first editions of the procedural works by Ms. Crowder. The imperatives of impartiality are Arthur Beauchesne (1922, 1927, 1943, 1965), no mention understood, assimilated and respected even by the is made of the customs and usages of the Speaker of less numerous Official Opposition members. Chairs the House in interactions with caucus. Reference is such as Mr. Rajotte and Mr. Chong, whose competence made instead to the impartiality of the chair in more as chairs is acknowledged, and others from both the general terms, in the recurring expression, “…many government and Official Opposition, could draw on conventions exist which have as their object not only to these practices to work in an even fairer manner for all ensure the impartiality of the Speaker but also to ensure concerned. that his impartiality is generally recognized.” Starting with the fifth edition (1978), section 117(3) states for Conclusion the first time, with respect to the Speaker of the House Canada’s parliamentary institutions face a of Commons, that “he does not attend the party caucus blurring of powers whereby the legislative branch is nor any outside partisan political activity.” Thus, subordinated to the executive. The reforms suggested the hitherto implicit convention became explicit as a in this paper should be included in a broader result of Speaker Lamoureux, who, considering the institutional review, as Mr. Chong has suggested. The challenges of minority parliaments in the 1960s, sought limits of the impartiality of parliamentary committee more independence for the office. By the practice and chairs, as outlined above, are only one aspect that these conduct of one player, these practices were adopted reforms should address. Legislators will be unable to by successive speakers of the House and subsequently do their work in an entirely independent manner as codified. Their validity is no longer contested. long as power remains in the hands of party leadership and the executive branch.

32 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Changing Times at the Canadian Parliamentary Review

Will Stos

The new editor of the Canadian Parliamentary Review introduces himself to readers in this article. He explains his approach to his new role and to the publication as being one which fosters discussion and debate about new ideas about parliamentary democracy while recognizing its distinguished past. Particular emphasis will be given to people and projects which seek to continue to make these institutions responsive and relevant to Canadians. A concluding section outlines some of the editorial board’s proposals for the Review during this time of transition and renewal.

s I begin my keeping up to date on the happenings in legislatures tenure as editor across the country. Current and former members Aof the Canadian publish pieces which seek to comment on some of the Parliamentary Review, I pressing issues or peculiarities of parliamentary life in pause to consider and a non-partisan setting. Legislative staff can be alerted question my professional to issues arising in certain legislative bodies or which purpose and the kind of they may soon experience in their home parliament. contribution I can make And academics with an interest in parliamentary to this long-standing and matters can present some of their work for the benefit well-regarded institution of both their colleagues and their subjects themselves. as it enters a period of At its best, then, the Canadian Parliamentary Review is immense change. I imagine reportorial, reflective and an incubator for new ideas many parliamentarians may have had similar thoughts about parliamentary democracy in this country and as they first entered their respective legislatures. occasionally in others which share the Westminster As a proponent of the value of historical knowledge tradition. These views correspond very well to the generally, it is a personal tenant of faith that one must sentiment encapsulated in our masthead’s mission look to the past to be best prepared for the unfolding statement: “The Canadian Parliamentary Review was future. founded in 1978 to inform Canadian legislators about the activities of the federal, provincial and territorial In preparation for the commencement of my duties branches of the Canadian Region of the Commonwealth as editor I spoke with some contributors to and Parliamentary Association and to promote the study of readers of the Review to ask how they conceived of the and interest in Canadian parliamentary institutions.” publication’s purpose and how I might build on the solid foundations and successes of my predecessor, Dr. The Review’s more than three decade-long legacy, Gary Levy. In these discussions it soon became clear replete with rich archives, has made this an incredibly that the Review had found a particular niche which it valuable source of information about the activities of served well. Parliamentary observers, in Canada and Canadian parliaments. Moreover, the promotional abroad, find this publication a valuable source for aspect of our mission statement intrigued me greatly. I think it fair to suggest that over the past decades a portion of the Canadian electorate seems to have Will Stos is the new Editor of the Canadian Parliamentary Review. lost interest and/or faith in our parliamentary A Ph.D. candidate in History at York University, his research explores provincial political parties engaged in region-building democracy. Opinion polls suggest trust in politicians projects from the 1960s to the 1980s. and governments is lagging, cynicism appears to

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 33 have grown, and declining voter turnout has been and I hope the Review can publicize some of their a great source of concern in many quarters. And, exciting work and innovations. as an academic historian who has closely followed This publication will be evolving as well. In step with professional debates about the value and utility of the staffing changes (the retirements of Dr. Levy and political histories focused on institutions such as his long-time editorial assistant Anna LaBallister), and parliaments, I might pose a question which directly production changes (the relocation of the CPR’s office challenges the work of many readers of this piece: Are to Queen’s Park), the editorial board has endeavoured parliaments truly worthy of study when the electorates to survey our readership to see how we might best they purport to represent appear to have disengaged? continue to fulfill our mandate and their needs (a If the answer to this question prompts a shrug questionnaire has been mailed to subscribers and will instead of a battle cry, the future for this publication also be posted on our website). and defenders of the value of our democracy would Chief among our plans will be to work on updating be grim. Of course parliamentary democracy matters; our website to provide more interactive features, not only in principle but also in practice. While there exploring possibilities for new designs for the print may be cynicism and disinterest among some elements edition, and adapting our style to acknowledge the of the electorate, other elements surprised political changing ways readers want to access news and observers in the recent past by becoming incredibly views. We will aim to be responsive to our audience engaged in discussions about possible coalition and produce a publication which continues to serve governments, referenda on important policy decisions, its existing niche and, it is hoped, attract new interest and the use of the heretofore mostly unremarkable tool from other quarters as well. In this way, the CPR will of prorogation. embody the change and renewal its contributors often Moreover, in meeting new colleagues at Queen’s propose with respect to parliamentary institutions. Park (where the Canadian Parliamentary Review is I view the CPR as a nexus: a coming together of now housed and published), I have learned of some many individuals and organizations – often perhaps at exciting projects that represent a part of ongoing odds in terms of partisan beliefs – who have a common efforts to make parliaments more open, accessible, goal in fostering the growth of our parliamentary understandable and relevant to the public. As I meet democracy and slaying our common enemy: apathy. legislators and parliamentary staff across the country I I look forward to the challenges that lay ahead and am positive that many of these projects and discussions on behalf of the editorial board I extend an invitation have counterparts elsewhere as well. Proponents of to all our readers to join us as we enter this exciting parliamentary democracy have looked to ways this period in our publication’s history. system can evolve alongside technology and society

34 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Parliamentary Book Shelf

Imperfect Democracies: The Democratic Deficit in Canada and the United States by Patti Tamara Lenard and Richard Simeon, UBC Press, Vancouver, 2013, 360pp.

eforming the Senate, ensur- Ring backbench MPs have a voice, alternative voting systems to first-past-the-post, and election finance reform are all issues that Canadians have debated since our inception as a nation. Likewise, the power of the executive branch, a do-nothing congress, politi- cal finance & Super PACs, and reforming the legal system have preoccupied policy-makers in the US. In each case, these reforms are debated on the basis that they will, or will not, help to create a more democratic society. In Imperfect Democracies, various authors explore the many aspects of what is perceived as a “democratic deficit” in both Canada and the US. Drawing on a rich body of recent literature, these scholars explore a diverse array of themes from citizen expectations, electoral reform, campaign finance, the balance of powers, and the jury system. The 19 contributors conclude that rather is designed to reorient do not complain of a deficit in in our fallible democracy, there the debate in order to “guide the same ways. The democratic exists a “democratic deficit,” future research into the nature of deficit, then, stems from both a or in other words, a separation democratic dissatisfaction” (327). broader institutional skepticism between citizen expectations of Nor is this book endeavouring held by citizens of most western their democracy and the actual to place a value judgment on the democracies (beginning roughly performance of their democratic relative merits of Canadian and 40 years ago), as well as historical institutions. This collection is American democracies; although differences that have shaped and not designed to be the answer to both experience a perceived defined each nation’s democratic a long held historical question democratic deficit, neither is institutions (and as such, each regarding the state of democracy deemed better or worse; yet nation’s citizen expectations of in Canada and the US, but citizens in Canada and the US those institutions).

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 35 This book is recommended a broad selection of disciplines extent of the democratic deficit. for students of politics (from will not be lost in this text. In Much of their data on gauging upper-year undergraduates addition to framing the debate, the democratic deficit stems onward), scholars, policy-makers some of the authors have chosen from an array of citizen surveys and politicians, or anyone to recommend solutions to the which the authors themselves contemplating the difference democratic deficit. For instance, acknowledge as problematic. between what we expect of David Docherty endorses the But even within the data that has our democratic institutions idea that the committee system been collected we are still left and what those institutions be reformed because “they with many points of conjecture. actually deliver. The authors provide a somewhat less partisan For instance, when citizens of this collection have done an forum for debate” and as a result perceive a democratic deficit, is it excellent job of framing these they “enhance both democracy because institutions fail to serve issues within an international and the legitimacy of the them? Or, on the other hand, is context (in particular, the EU), parliamentary process” (199). As it due to the individual actors as well as placing them in an such, this collection will not only that comprise those institutions? historical context. For example, inform students, scholars, and Is the democratic deficit due in his chapter on electoral reform policy-makers; it will provoke a to decreasing performance of in Canada, John C. Courtney much-needed intellectual debate institutions, or is it due to rising describes “five principle electoral over issues typically saturated in expectations among citizens? reforms since confederation,” hyperbole. These are not easy issues to including the extension of the This book does not, and tackle, and Imperfect Democracies franchise to women during cannot, provide all of the offers steady ground for diving the First World War as well as answers to these complex issues. in. the creation of the Office of the The authors cannot precisely Chief Electoral Officer in 1920 pinpoint the exact nature and Tom Hooper (112-113). As such, readers from Ph.D. candidate (History) York Univeristy

36 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 CPA Activities: The Canadian Scene

Photo by Denis Drever/Senate of Canada. Photo by Denis Drever/Senate

31st Canadian Presiding Officers’ Speaker Kinsella presented a of the Speaker and the Conference thoughtful statement on the administration of Parliament, the critical role of the Senate in Hon. Dan D’Autremont, Speaker rom January 30 to February 2, Canada’s bicameral Parliament of the Legislative Assembly of Fover 60 delegates and guests (see a revised version of this Saskatchewan’s presentation from every province and terri- presentation in this issue). In a prompted much discussion about tory, gathered in Ottawa for the subsequent discussion chaired by the diverse methods Canadian 31st Canadian Presiding Officer’s the Hon. Dale Graham, Speaker parliaments use to oversee Conference. of the Legislative Assembly of their grounds and operations. On January 30, guests to the New Brunswick, delegates of Numerous delegates mentioned conference, which was co-hosted some provinces which favour the difficulty administrators by Speakers Noël A. Kinsella and reform or outright abolition of legislatures have had when Andrew Scheer, were welcomed of this chamber offered some requesting funds for general and recognized by the Senate and counterarguments. Attendees operations or renovations from the House of Commons following noted they were waiting with members who may face political Senators’ Statements and interest for the Supreme Court’s consequences when approving Question Period, respectively. reference on Senate reform. spending. The first full day of the In a session chaired by the A third session chaired conference began with a courtesy Hon. Carolyn Bertram, Speaker by Ontario Deputy Speaker call with the Governor General, of the Legislative Assembly of Bas Balkissoon, featured a His Excellency the Right Prince Edward Island on the presentation by the Hon. Daryl Honourable David Johnston pros and cons of the Legislative Reid, Speaker of the Legislative at Rideau Hall. Once delegates Precinct being under the Assembly of Manitoba and reconvened on Parliament Hill, authority and responsibility Jacques Chagnon, Speaker of the

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 37 National Assembly of Quebec, depending on the expected the Hon. Gene Zwozdesky, focussed on security issues facing audience. Speaker of the Legislative legislatures. Discussion included Speaker Scheer outlined some Assembly of Alberta, delegates numerous anecdotes about recent rulings he had made noted the special stresses of their security threats, breaches, and regarding the speaking privileges unique occupations and the need protective services in place. Some of MPs in a session chaired by to ensure that their mental and commentators remarked that the Hon. David Laxton, Speaker physical health is well managed. geography and population often of the Assembly of the Yukon, on Dramatic differences in terms lead to particular challenges for the role of the Speaker versus the of what services were available certain jurisdictions. role of the parties in managing at different legislatures were On February 1, under the the House. Much discussion observed. guidance of chair the Hon. Linda ensued on different procedures In addition to formal business, Reid, Speaker of the Legislative for managing Question Periods in attendees had the pleasure of Assembly of British Columbia legislatures across the country. taking in an Ottawa Senators and presenter the Hon. Ross Finally, in a session which hockey game, the official opening Wiseman, Speaker of the House seemed to be of particular interest of Winterlude, and receptions of Assembly of Newfoundland to many parliamentarians in hosted by Speakers Kinsella and and Labrador, delegates briefly attendance,the Hon. Jackie Scheer, Gary W. O’Brien, Clerk brainstormed potential topics for Jacobson, Speaker of the of the Senate and Clerk of the future CPA regional conference Legislative Assembly of the Parliaments, Audrey O’Brien, and seminars. Participants noted Northwest Territories, outlined Clerk of the House of Commons. the need to provide discussions some of the Members’ Assistance A parallel programme for which were interesting, relevant, Programs in his jurisdiction. In delegates’ guests received much informative, non-partisan and the wide-ranging discussion praise as well. either specialized or more general which followed, chaired by

Photo by Denis Drever/Senate of Canada. Photo by Denis Drever/Senate Speakers Noël Kinsella and Andrew Scheer (left) address delegates during the opening session of the 31st Presiding Officers’ conference in Ottawa.

38 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Speaker Kinsella (centre) points out some interesting features In between sessions some attendees took the opportunity to get a in the Centre Block to Speaker David Laxton of Yukon (left) and guided tour of the Senate Chamber with Speaker Kinsella. Speaker Ross Wiseman of Newfoundland and Labrador (right).

PEI Speaker Carolyn Bertram (centre) shares a laugh during a Alberta’s Deputy Chair of Committees Mary Anne Jablonski and break with Northwest Territories delegates Colette Langlois, Alberta Speaker Gene Zwozdesky during a panel discussion. Acting Clerk, and Speaker Jackie Jacobson.

Photos by Denis Drever/Senate of Canada. Photos by Denis Drever/Senate Attendees listened to talks on security issues facing legislatures, Quebec President Jacques Chagnon (centre) presents gifts to Members’ Assistance Programs, and different methods used to Speakers Kinsella and Scheer, co-hosts of the conference. manage parliamentary precincts.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 39 Legislative Reports

on November 28, concurred in an impediment to her ability at report stage on December 3, to perform her parliamentary read a third time and passed on functions December 9, and received Royal As the communication which Assent on December 12, 2013. gave rise to the situation did not Points of Order occur on the floor of the House and it was difficult to determine On January 28, 2014, the that the Member was unable Speaker made a statement in to carry out her parliamentary response to a point of order duties, the Speaker concluded House of Commons raised by Nathan Cullen that there was no prima facie (Skeena—Bulkley Valley) on question of privilege. The Second Session of the December 9, 2013, regarding Forty-First Parliament adjourned Question Period. The Speaker Procedure for the winter break on December reminded Members of the need On December 3, 2013, the 10, 2013. The House resumed for questions to be related to the House adopted the Fourth sitting on January 27, 2014. The administrative responsibilities of Report of the Standing Committee information below covers the the government and cautioned on Procedure and House Affairs period from November 1, 2013 to against the use of “hybrid which reduced the membership January 31, 2014. questions,” with long, unrelated of committees from 12 to 10 preambles, warning Members Legislation members as of the first sitting that questions of this type day following the winter On November 5, during its might be ruled out of order. adjournment. Changes to the consideration of Bill C-4, A He also spoke to answers and number of members per party, second act to implement certain of his intention to continue the per committee, as well as to the provisions of the budget tabled in widespread practice and tradition number of Members required to Parliament on March 21, 2013 for the Chair to not judge the convene a committee meeting and other measures, the Standing quality or relevance of answers, a pursuant to Standing Order Committee on Finance invited principle that has been upheld by 106(4), effective for the remainder three other committees to study many Speakers before him. He of the 41st Parliament, were the subject matters of certain concluded that the onus is on all also made. On December 9, the provisions of the Bill and to Members to raise the quality of House adopted two motions to submit amendments to the both questions and answers. postpone the effect of the changes Committee. In addition, as per Questions of Privilege on the Standing Committee on a motion it adopted on October International Trade and the 29, the Committee invited On January 28, 2014, the Standing Committee on Veterans independent Members to submit Speaker ruled on a question of Affairs until February 10 and amendments, which would privilege raised by Charmaine February 24, 2014, respectively, in be deemed to be proposed. Borg (Terrebonne—Blainville) order to minimize disruption to The Committee considered 66 on December 9, 2013, regarding travel plans for these committees amendments, including 31 from a widely-distributed letter previously agreed to by the independent Members. No addressed to her from Senator House. amendments were submitted by Jean-Guy Dagenais. She argued the other Standing Committees. that the letter was an attack on On December 10, the Speaker The Bill was reported back to her reputation that constituted delivered a ruling in regards to the House without amendment three motions in amendment for

40 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 the report stage of Bill C-9, An continue its practice of making On November 25, four Act respecting the election and term the minutes of its meetings by-elections were held, with of office of chiefs and councillors available to the public in a timely Conservatives Larry Maguire of certain First Nations and the manner. and Ted Falk, being elected in composition of council of those First The same day, and pursuant to the ridings of Brandon—Souris Nations. Although it is unusual a November 28th order, the 42nd and Provencher, respectively and for the Speaker to provide Report of the Standing Committee Liberals Emmanuel Dubourg reasons for the selection of report on Procedure and House Affairs and Chrystia Freeland elected stage motions, he explained from the previous session was in the ridings of Bourassa and that independent Members deemed to have been presented Toronto Centre, respectively. had been invited to participate and concurred in. The Report Since December 12, 2013, in the Standing Committee on recommended guidelines with Bruce Hyer (Thunder Bay— Aboriginal Affairs and Northern regard to access to information Superior North) has been sitting Development’s clause-by-clause requests in which the House is as a Green Party Member. consideration of the Bill but a third party. The Committee that, due to an administrative emphasized that, by agreeing Statements, Resolutions, Special error, these Members were not to disclose or not to disclose Debates informed of the deadline to documents, the House in no way On November 6, 2013, the submit amendments. Though would be waiving its privileges House observed a moment of motions that could have been and the usual protections silence and statements were presented in committee would afforded to Members, its staff or made to mark Veteran’s Week not normally be selected, in light witnesses would remain. and Remembrance Day. of the circumstances, the three motions were selected. On January 29, 2014, the On December 5, 2013, there House adopted a private were statements in tribute Committees Member’s motion regarding to the late Nelson Mandela, On December 2, 2013, electronic petitions, sponsored followed by a moment of silence. the Standing Committee on by Kennedy Stewart (Burnaby— On December 10, the House Procedure and House Affairs Douglas), which instructs adopted a resolution expressing presented its Third Report on the the Standing Committee on its sincerest condolences to Board of Internal Economy (BOIE). Procedure and House Affairs the South African people and The Committee had undertaken to provide recommendations recognizing Mr. Mandela’s its study pursuant to an order of with respect to establishing an invaluable contributions and reference adopted by the House electronic petitioning system. achievements. on October 21, 2013. The Report The Committee is instructed to On November 20, the House concluded that the Committee consider, among other things, held a take-note debate on the could find no reason to alter the possibility that a petition crisis in the Philippines. Take- the structure, membership or would trigger a debate in the note and emergency debates were general functioning of the BOIE. House of Commons when a held on the situation in Ukraine The Committee did make several certain threshold of signatures on December 10, 2013 and recommendations nonetheless, on a petition is reached. The January 27, 2014, respectively. including that the BOIE further Committee is to report its The House also adopted consider how it could enhance findings to the House, with on January 27 a resolution the Members’ Expenditures proposed changes to the Standing condemning the recent law Report by providing additional Orders and other conventions, passed in Ukraine undermining information; that the Auditor within 12 months. freedom and democracy General be invited by the BOIE Members and calling on the Ukrainian to conduct audits with greater government and security forces frequency; that the BOIE, in On November 9, Ted Menzies to refrain from violence and to consultation with the Auditor (Macleod) resigned as a Member respect the people of Ukraine’s General, develop publicly- of Parliament. Brian Jean (Fort right of peaceful protest. available guidelines with respect McMurray—Athabasca) resigned to audits of House of Commons as a Member of Parliament on Julie-Anne Macdonald spending; and that the BOIE January 17, 2014. Table Research Branch

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 41 senators who are members of the truly representative of them at same party political party. The all levels. The latter urges the party must have initially been federal government and relevant registered under the Canada stakeholders to take into account Elections Act to qualify for this the evidence and preliminary status and have never fallen findings in this report in their subsequently below five senators. consideration of the evolving Each recognized party has a issues facing this group of First leader in the Senate.” The Speaker Nations. In January, the Standing went on to assert that Senator Senate Committee on Social Cowan, who was recognized as Affairs, Science and Technology the head of a party caucus which tabled a report concerning the had the most members other than off-label use of prescription the government party, would pharmaceuticals in Canada. The The Senate retain the title of Leader of the committee found that prescribers Opposition in the Senate. as well as their patients frequently are not aware when drugs are Prior to the winter Audio of Senate Proceedings adjournment, debate concluded being used off-label and therefore on a number of bills and the The Standing Committee on that safety and effectiveness have Governor General signified Royal Internal Economy, Budgets and not been thoroughly addressed. Assent to three of them in a Administration made a historic The committee made a number traditional ceremony on December decision to authorize the Clerk of recommendations to address 12, 2013. These bills included the to make the audio broadcast awareness in this regard but budget implementation bill and a of Senate proceedings publicly also to improve the collection supply bill as well as Bill C-7, An available. Beginning November and assessment of data on off- Act to amend the Museums Act in 26, 2013, audio proceedings of label drug use. In November, the order to establish the Canadian the Senate Chamber were made Standing Senate Committee on Museum of History and to make publicly available via ParlVU, Foreign Affairs and International consequential amendments to the Senate’s webcasting service Trade re-tabled a report from other Acts. Bill C-7 amends the that allows users to access live the previous session that was Museums Act to create a new and archived streams of Senate still on the Order Paper when Crown corporation called the committee proceedings and now, Parliament was prorogued. Canadian Museum of History to Senate Chamber proceedings. The committee’s second report, replace the Canadian Museum entitled Building Bridges: Canada- Committees of Civilization and also sets out Turkey Relations and Beyond, the purpose of the new Canadian There were three substantive contained six recommendations Museum of History. reports from committees that focused on ways to deepen political engagement and enhance In addition to the study of tabled in the Senate during this commercial diplomacy in order to legislation, a significant event period, including two from the renew relations between Canada occurred on January 29, 2014 Standing Senate Committee and Turkey. During debate on with the announcement from the on Human Rights entitled: the motion to adopt the report Leader of the Liberal Party that Employment Equity in the Federal in December, the Chair, Senator Liberal senators would no longer Public Service: Staying Vigilant Raynell Andreychuk, stated form part of the Liberal National for Equality and Recognising that following a trip to Turkey Parliamentary Caucus. These Rights: Strengthening Off-Reserve by the Minister of International senators subsequently formed First Nations Communities. The Trade, she was informed that the their own distinct caucus, and former concluded that although committee’s report was repeatedly elected Senator much progress has been made James Cowan highlighted by government as their leader. At the beginning in achieving employment equity officials and business leaders of the sitting of January 29, the goals over the years the committee in Turkey as a viable blueprint Speaker made a statement quoting has been studying this issue, for furthering Canada-Turkey from the Rules of the Senate, that there is still work to be done relations. “A caucus consists of at least five to ensure that Canadians have a federal public service that is

42 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Senators Privacy Commissioner, submitted his resignation to the Speaker of There were two resignations the Legislative Assembly effective and one retirement from the January 31, 2014. Mr. Dickson Senate during this period. After was appointed in November more than 23 years in the Senate, 2003 as Saskatchewan’s first Senator Donald Oliver reached full-time Information and the mandatory retirement age Privacy Commissioner. He was of 75 on November 16, 2013. reappointed for a further five- Senator Oliver had served as the year term in April 2009. Speaker pro tempore since 2010 and was Chair or Deputy Chair of Dome Rehabilitation Project many committees, including the Saskatchewan Standing Senate Committee on The rehabilitation of the Legislative building dome began Legal and Constitutional Affairs. During the fall sitting, which in January 2014. The restoration Appointed on the advice of Brian concluded on December 5, 2013, work includes replacing the Mulroney in 1990, Senator Oliver, 34 government bills, one private 100-year-old Tyndale stone and a lawyer, was the first Black man members’ public bill and one mortar and installing new copper named to the Senate. Upon the private bill were introduced. retirement of Senator Oliver, sheeting. An environmentally The Lieutenant Governor, on November 20 the Selection controlled scaffold system will Hon. Vaughn Solomon Schofield encase the entire dome to allow committee elected SenatorPierre- gave Royal Assent to four bills work to continue all year round. Claude Nolin to serve as Speaker including an Appropriation Bill pro tempore. The project is scheduled to be to discharge the expenses of the completed by January 2016. Senator Gérald Comeau Public Service. The other bills to resigned on November 30, 2013 receive Royal Assent were: Bill Rob Park after serving more than 27 years No. 110 – The Senate Nominee Committee Clerk in the Senate. Senator Comeau, Election Repeal Act; Bill No. 121 - who was also a Member of The Election Amendment Act, 2013; Parliament from 1984 to 1988, and Private Bill No. 903 – The St. was proposed for appointment Thomas More College Amendment to the Senate by Brian Mulroney Act, 2013. and was most recently the Chair of the Standing Committee on Ombudsman - Appointment Internal Economy, Budgets The Board of Internal Economy and Administration. He served completed the competition in many roles throughout his process for a new Ombudsman By-elections, parliamentary tenure, including Deputy Leader and the Legislative Assembly offices and composition of the of the Government in the Senate approved a motion on December Assembly from 2006 to 2011. 3, 2013 to make Mary McFadyen The candidates elected in Businessman and CFL the new Ombudsman and Public the by-elections of December 9, owner Senator David Braley’s Interest Disclosure Commissioner 2013 in the electoral divisions of resignation also took effect on for the Province of Saskatchewan Outremont and Viau made their November 30. Appointed to the effective April 1, 2014. Ms. official entry into the House at Senate in 2010, Senator Braley McFadyen is replacing Janet the resumption of parliamentary served on several standing Mirwaldt, who has been the proceedings on February 11 2014. committees and was most acting Ombudsman since June 4, For Philippe Couillard, the new recently the Deputy Chair of the 2013. Member for Outremont and Standing Committee on Rules, Leader of the Official Opposition, Saskatchewan Information Procedures and the Rights of this is a return to the Assembly; and Privacy Commissioner - Parliament. he sat in the House from 2003 Resignation to 2008. The new Member for Vanessa Moss-Norbury Gary Dickson, the Viau is David Heurtel. Jean- Procedural Clerk Saskatchewan Information and Marc Fournier, who held the

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 43 office of Leader of the Official Assembly in the Government 80 women parliamentarians, Opposition until the election may be raised only by means of members of networks in La of Mr. Couillard, is now Chief a vote on any motion that the Francophonie, the Americas Opposition Whip. Premier, or her representative, and the Commonwealth, during The Member for La Pinière, shall have expressly declared an interparliamentary seminar Fatima Houda-Pepin, left the a question of confidence in the organized in anticipation of the Official Opposition on January Government. 20th anniversary of the adoption of the Beijing Declaration 20and now sits as an independent Extraordinary sitting Member. The new composition and Platform for Action in of the Assembly is as follows: 54 On December 9, 2013, the 2015. At the conclusion of Members of the Parti Québécois Assembly held an extraordinary this seminar, the participants (Government), 49 Members of sitting to complete the adopted a declaration calling the Québec Liberal Party (Official examination of Bill 70, An on them to continue their Opposition), 18 Members of Act to amend the Mining Act, work to advance women’s the Coalition avenir Québec in accordance with the rules rights within their respective (Second Opposition Group) established by the exceptional parliaments and the networks of and 4 independent Members legislative procedure. It should women parliamentarians. This (2 under the banner of Québec be recalled that this bill had been seminar, held at the initiative Solidaire and 2 without any party introduced on December 5 by the of the President of the National affiliation). Minister of Natural Resources Assembly Jacques Chagnon, after the Assembly had rejected was the first in the history Rulings: Confidence of the the principle of the previous of the networks of women Assembly in the Government Mining Act (Bill 43). Following its parliamentarians. passage, Bill 70 was given Assent On November 7, 2013 just Standing committees: before the introduction of Bill on December 10. Independent Members who are 60, Charter affirming the values Bills passed of State secularism and religious standing committee members neutrality and of equality between The Assembly passed 10 bills Of the four independent women and men, and providing in November and December 2013. Members sitting in the Assembly, a framework for accommodation Eight of these bills were passed three are now members of a requests, the Government House unanimously. Among the more standing committee.Amir Leader declared in the House noteworthy are the following: Khadir (Québec Solidaire), that the vote on the motion -Bill 65, An Act to replace and Member for Mercier, became a to introduce this bill in the reconstitute the notarial deeds en member of the Committee on Assembly raised a question of minute destroyed in the 6 July Agriculture, Fisheries, Energy confidence in the Government. 2013 railway disaster in Ville de and Natural Resources, followed The Official Opposition House Lac-Mégantic, which establishes by Françoise David, Member for Leader then asked for a directive a special procedure for Gouin (Québec Solidaire), who on the possibility for the reconstituting the notarial records joined the Committee on Health confidence of the Assembly in destroyed in the Lac-Mégantic and Social Services, and Daniel the Government to be raised tragedy; and Ratthé, Member for Blainville, at this stage of the legislative -Bill 39, Voluntary Retirement who was named a member of the process when the content of Savings Plans Act, which Committee on Institutions. the bill has not yet been made establishes a type of retirement As stipulated in Standing public. The President recalled plan that is accessible to all Order 122, when an that it is for the Government to individuals, including self- independent Member is added determine whether or not it has employed workers and workers to a committee’s membership, the confidence of the House and whose employer has not the parliamentary group that, for this purpose, it may subscribed to such a plan. forming the Government has invoke Standing Order 303.1(5) an additional member. Such with regard to any motion. This Other events committees accordingly consist provision of the Standing Orders On January 21 and 22 2014, of 11 Members instead of nine, states that the confidence of the the Assembly welcomed some apportioned as follows: five

44 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Members from the Government, 2013. It should be recalled that the Committee was instructed four Members from the Official this order had also been carried to hear the Minister of Justice Opposition, one from the Second out on June 13, 2013 and that, concerning the comments of Opposition Group, and one before this date, the Committee the Commission des droits independent Member. had not availed itself of this de la personne et des droits 30th report on the accountability provision since February 20, 1997. de la jeunesse made public of deputy ministers and chief In this context, it should be on October 17, 2013 on the executive officers of public mentioned that the Minister Government’s policy directions bodies of Finance and the Economy, regarding the proposed charter of Québec values as well as On December 6, 2013, Nicolas Marceau, was summoned to appear before on the unconstitutionality of the Committee on Public the Government’s proposal. th the Committee and produce a Administration tabled its 30 Following the hearing, a report report on the accountability of document on the revenues and expenditures of the special funds containing two recommendations deputy ministers and chief executive was tabled. officers of public bodies, which and non-budgetary agencies as at contains 35 recommendations June 30, 2013. Furthermore, the The Committee on Agriculture, adopted unanimously by its Auditor General of Québec came Fisheries, Energy and Natural members. before the Committee to provide Resources was instructed by information regarding his audit the Assembly to examine the The report provides details of of the Government’s consolidated acceptability, for Québec, of the eight public hearings held in the financial statements as at March project proposed by Enbridge second half of 2013. The subjects 31, 2013. Pipelines Inc. to reverse the that were examined included the flow of Pipeline 9B eastward management of the Commission The Committee made two recommendations in its report. between North Westover and administrative des régimes de Montréal. After having held retraite et d’assurances, the Orders of reference special consultations and failure to file declarations with More than 250 groups and public hearings, the Committee Revenu Québec, the control and individuals tabled a brief within tabled a report containing 18 monitoring of the treatment of the framework of the general recommendations and expressing municipal wastewater and of the consultation on Bill 60, Charter its support for the project. production of drinking water, affirming the values of State The Committee on Health government interventions in secularism and religious neutrality the mining sector, intellectual and Social Services concluded its and of equality between women and special consultations and clause- disabilities and pervasive men, and providing a framework developmental disorders, by-clause consideration of Bill for accommodation requests. The 52, An Act respecting end-of-life home care services, and the Committee on Institutions wishes administrative management of care. This bill follows up on the to hear all of the persons and report from the Select Committee the Ministère de l’Emploi et de organizations that submitted a la Solidarité sociale and of the on Dying with Dignity. It should brief within the deadline that had be noted that the principle of the Régie de l’assurance maladie du been fixed. The public hearings Québec. bill was passed with 84 yeas and have already begun. 26 nays. All of the Government Quarterly examination of the This Committee is Members and independent Government’s budgetary policy continuing the clause-by-clause Members voted for the bill, while and the evolving state of the consideration of Bill 28, An Act 25 Official Opposition Members public finances to establish the new Code of Civil and one Member of the Second For the second time in less than Procedure, which had begun on Opposition Group voted against a year, and pursuant to Standing October 8, 2013. As of January 31, it. Order 292, the Committee on 2014, 730 of the 830 sections had Order of initiative Public Finance conducted the been adopted over the course of quarterly examination of the 25 sittings, with more than 274 The Committee on Health Government’s budgetary policy amendments. and Social Services has also and the evolving state of the undertaken an order of initiative Furthermore, following a on the living conditions of public finances on November 20 motion carried in the Assembly,

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 45 adults staying in residential and initiative in commemorating and of Province House and historic long-term care centres. Some 30 celebrating the Charlottetown Great George Street. Staff at groups and individuals will be Conference and honouring the Legislative Assembly have heard by the Committee and an the achievement of the Fathers been busy planning a number of online consultation questionnaire of Confederation. This year educational and legacy projects is available as well. is the sesquicentennial of the for 2014. (Please see the article in Charlottetown Conference of this issue for more coverage). Christina Turcot 1864. and Cédric Drouin -An Act to Amend the Civil Marian Johnston Parliamentary Proceedings Service Superannuation Act (Bill Clerk Assistant and Directorate Clerk of Committees No. 25) and An Act to Amend the Teachers’ Superannuation Act (Bill No. 27) provide for changes to the provincial civil service pension plan and the teachers’ pension plan, respectively, to address the financial challenges experienced by the plans in the face of changing demographics and volatility in the stock markets. Capital Budget In late November, the province Ontario Prince Edward Island issued its capital budget for 2014-15, with $73 million in The Ontario Legislature, now The Third Session of the Sixty- infrastructure investments in its third year as a minority fourth General Assembly was planned for the year. Hon. Wes parliament, continued to work prorogued on November 8, 2013. Sheridan, Minister of Finance, through the Second Session of The Fourth Session of the Sixty- Energy and Municipal Affairs, the Fortieth Parliament during fourth General Assembly opened announced that spending would the period from November 2013 on November 12, 2013, with the be more closely aligned to to January 2014. Speech from the Throne delivered traditional levels, signaling an On December 9, the House by the Hon. H. Frank Lewis, end to the stimulus spending of withdrew from its usual Lieutenant Governor. Highlights recent years. Highlights of the proceedings to address two of the Speech included initiatives budget included funding for a historic events – one local to make government more direct new stand-alone palliative care and the other international. and citizen-centred, and better centre, and a commitment to new First, each of the three parties management of land and water spending for the Bonshaw Hills made statements regarding resources. Wilderness Park. the Huronia Regional Centre, a former institution for people 2014 Significant Legislation with developmental disabilities During the fall sitting of the In 2014, Prince Edward Island that has been wrought with Legislative Assembly, several will commemorate an important stories of abuse. Premier pieces of significant legislation chapter in Canadian history, Kathleen Wynne issued an received Royal Assent: marking the sesquicentennial official apology as part of of the 1864 Charlottetown a settlement approved by -Disability Supports Act (Bill Conference. Signature events, a superior court judge in a No. 18) establishes a Disability conferences and activities of all class-action lawsuit between Support Program to provide types are taking place province- the province and survivors disability supports to eligible wide throughout the year. To of the centre. The House also persons; kick off the celebrations on New addressed the death of former -Birthplace of Confederation Act Year’s Eve, there were fireworks South African President, Nelson (Bill No. 24) sets out the powers and festivities on the grounds Mandela with a tribute by the of the Premier respecting leading

46 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Premier and Opposition Party Lakes-St. Lawrence River Basin selections for upcoming value for leaders Tim Hudak and Andrea and Bill 88, An Act to amend money hearings in February and Horwath. Mr. Mandela, who the Child and Family Services March. In addition, the Auditor is a Nobel Prize winner and Act with respect to children 16 General tabled a special report an honorary Canadian citizen, years of age and older. Bill 6 is called “Divestment of Ontario visited Ontario three times a government bill seeking to Northland Transportation during his life and has a Toronto protect and restore the ecological Commission” in response to the elementary school named after health of the Great Lakes. The motion passed on March 6 by the him. Committee is in the course of Standing Committee on Public The resignations of clause-by-clause consideration Accounts requesting the Auditor Liberal MPP Kim Craitor in of the bill. Bill 88 is a private General to undertake a special September and Progressive member’s public bill introduced assignment to investigate the Conservative MPP Peter by Rod Jackson, MPP for Barrie, government’s divestment of, and Shurman in December created and is seeking to amend the the operations of, the Ontario two vacancies. Premier Wynne Child and Family Services Act to Northland Transportation called by-elections for both recognize that services provided Commission. ridings for February 13, 2014. under it should be provided In September, the Standing NDP candidate Wayne Gates in accordance with the United Committee on the Legislative and Progressive Conservative Nations Convention on the Assembly passed several candidate Gila Martow were Rights of the Child and to allow motions setting out a schedule elected in Niagara Falls and temporary care agreements to be for its consideration of bills Thornhill, respectively. made in respect of children who which had been referred to the are 16 years of age or older. The Committee. The Committee Committee Activities bill was reported as amended to considered Bill 106, An Act On November 7, the House the House and has been ordered to amend the French Language passed a motion to authorize the for Third Reading. Services Act with respect to Standing Committee on Social Throughout November the French Language Services Policy to conduct a year-long and December, the Standing Commissioner, holding both comprehensive review of the Committee on Public Accounts public hearings and clause-by- Local Health System Integration continued its consideration of clause on December 11. The Act, and the regulations made the 2012 Special Report of the bill was reported back later that under it, as provided for in Office of the Auditor General same day and received Royal Section 39 of that Act. The of Ontario on Ornge Air Assent on December 12. As a statute, which came into force Ambulance and Related Services. result, the French Language in 2006, created 14 Local Health After 22 months of consideration Services Commissioner is now Integration Networks (LHINs) the Committee is now working an officer of the Assembly, in the province to provide for on its second interim report. appointed by the Lieutenant an integrated health system. On November 6, the Governor in Council on the The Committee began its review Committee met to consider address of the Assembly. with a technical briefing from Section 3.05, Education of On October 3, the House the Ministry of Health and Aboriginal Students, of the 2012 passed a motion creating Long-Term Care, as set out Auditor General’s Annual Report. the Select Committee on by the motion; a number of Three Ontario school boards, Developmental Services, with a organizations were invited to the Assistant Deputy Minister mandate to consider and report make presentations as well. The of Education as well as the to the House its observations Committee then travelled to nine Director of Aboriginal Education and recommendations with locations across Ontario for eight in Ontario made statements respect to the urgent need for a days in January and February and were questioned by the comprehensive developmental 2014 to conduct public hearings. Committee. services strategy to address The Standing Committee on The 2013 Annual Report of the the needs of children, youth Regulations and Private Bills Office of the Auditor General of and adults in Ontario with considered two bills: Bill 6, An Ontario was tabled on December an intellectual disability or Act to protect and restore the Great 8 and the Committee made its who are dually diagnosed

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 47 with an intellectual disability relating to the disclosure of and a mental illness, and to terms of employment, tutoring coordinate the delivery of requirements, income protection, developmental programs and hours of work, adult supervision services across many provincial for child performers, and rules ministries in addition to the relating to the health and safety Ministry of Community and of child performers. The bill Social Services. The Committee was reported as amended to the began its hearings in Toronto House and ordered for Third in November and December, Reading. and then travelled to London Under a Standing Order that (Ontario), Thunder Bay, allows policy field committees Moosonee and Moose Factory, to initiate self-directed studies, and Ottawa in January for the Committee initiated a study Nova Scotia hearings and site visits. The and review of the 2015 Pan/ Committee continued its Toronto Parapan American Games and On October 8, 2013 a provincial hearings in January, and is the Pan/Parapan American expected to release its interim election was held in Nova Scotia. Games Secretariat, as it relates The party standings prior to report by February 26. The to the mandate, management, Select Committee’s final report is the election in the House of organization, or operations of Assembly were: NDP 31, Liberal expected to be released by May the Ministry of Tourism, Culture 15, 2014. 13, PC seven, and Independent and Sport, with a particular one. As a result of the electoral During the month of emphasis on financial issues, map redistribution, there were 51 November, the Standing budgets, and expenses. The electoral districts for this general Committee on General Committee held three days of election and the Liberals formed Government completed its public hearings, inviting Deputy a majority government. Currently consideration of Bill 21, An Act to Minister Steven Davidson, the party standings in the House amend the Employment Standards Assistant Deputy Minister of Assembly are: Liberals 33, PC Act, 2000 in respect of family Nancy Munric, and a number 11, and NDP seven. caregiver, critically ill child care of stakeholders to appear. The and crime-related child death or Committee further continued its On October 22, 2013 the disappearance leaves of absence. Bill self-directed study relating to the cabinet was sworn into office. 21 would expand entitlements auto insurance industry – which In addition to Premier Stephen to personal leave without pay in it began in March 2012 – with an McNeil there are 15 cabinet cases where a family member or additional day of public hearings ministers of which five are child is critically ill and requires and the commencement of report women. Two days later the care, and where a child of an writing. MLAs were sworn into office. employee dies or disappears There are 27 first-time elected The Standing Committee on members out of the 51. Broken and it is probable that the Government Agencies began child died or disappeared as a down by political party there are an agency review of Metrolinx, 22 new Liberals and five new PC result of a crime. The bill was and held four days of public reported as amended to the members. There are also a total hearings, at which the agency of 14 women MLAs. House and was being debated and a number of invited at Third Reading when the stakeholders appeared. The House of Assembly House rose for the winter elected first-time Liberal MLA the adjournment. The Committee The Standing Committee on Hon. Kevin Murphy as Speaker. also considered Bill 71, An Act Finance and Economic Affairs Murphy’s election made history to protect child performers in the held pre-Budget consultations as he is the first Speaker using a live entertainment industry and the in January. The Committee held wheelchair. Mr. Murphy became recorded entertainment industry. public hearings in eight locations paralyzed during a hockey game It is a private member’s public including Toronto. at the age of 14. The House of bill introduced by Paul Miller, Assembly also elected a Deputy Valerie Quioc Lim MPP for Hamilton East—Stoney Speaker – new Liberal MLA Creek, that sets out the rules Committee Clerk Margaret Miller.

48 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 The fall sitting of the First a Minister. He did request that By-election in Carbonear- Session of the 62nd General both the question and the answer Harbour Grace Assembly commenced on be concise. He stated: “It is my The by-election for the November 28, 2013 with the hope that the questions will be District of Carbonear-Harbour Speech from the Thorne and about matters of genuine interest Grace, vacated on October 2 lasted 10 days. During the to the particular Members posing by former Minister of Finance sitting 11 public bills and two them. I believe it would be Jerome Kennedy was called on private bills were introduced and unfortunate if the questions were November 4 for November 26. received Royal Assent. simply easy “plants,” designed Liberal candidate Sam Slade was to allow Ministers opportunities elected. Mr. Slade will take his Address in Reply to the Speech to make statements that they are seat as a member of the Official from the Throne already free to make under the Opposition when the Assembly order of business ‘Statements by This was an excellent reconvenes in March. opportunity for first-time Ministers.’” elected members to make their Changes in Composition of the Modifications to Chamber maiden speeches in the House of House Assembly. Thirty-two members To accommodate the Speaker’s On January19, Paul Lane, made speeches during 12 hours wheelchair, rapid changes were MHA, Mount Pearl South, and 38 minutes of proceedings made to the historic Chamber announced that he would join the over nine sitting days. for the fall sitting of the House Official Opposition. of Assembly. As the large ornate Point of Order wooden chair on the Speaker’s On February 4 Dale Kirby, The Speaker made his first dais was not attached it was MHA, St. John’s North and ruling on December 4 arising easily removed and a ramp Christopher Mitchelmore, from the first Question Period of was built from the east side MHA, The Straits-White Bay the sitting held the previous day. of the Chamber, which is the North, who had been sitting The House Leader for the NDP opposition side, to the dais. The as Independents since leaving rose on a point of order relative Speaker enters from the east the NDP caucus on Oct. 29 to a government backbencher side of the Chamber and is able announced that they would asking a question of the to proceed up the ramp to the join the Official Opposition. Minister of Transportation and dais. When the Deputy Speaker As of writing, the governing Infrastructure Renewal during assumes the chair she does so Progressive Conservatives stand Question Period. He was of the from the west side of the dais at 34 Members, the Official view that Question Period was and a medium size upholstered Opposition Liberals comprise 11 reserved for opposition parties chair is lifted to the dais by the Members, and the Third Party and independent members. pages for her. New Democratic Party has three. The Government House Leader The numbers at the last general advised that only the 10th and 20th Annette M. Boucher election were: Government 37, question in each Question Period Assistant Clerk Official Opposition six and Third would be asked by non-Cabinet Party five. Members of his party and Resignation of Premier that only one question would be asked. There would be no On January 24, the Hon. Kathy supplementary questions. Dunderdale, MHA, District of Virginia Waters resigned from the The Speaker ruled that office of Premier of the Province. he would allow limited use Ms. Dunderdale continues to of questions by government Newfoundland and sit as an MHA. The Hon. Tom backbenchers as proposed by Labrador Marshall, MHA, Humber West, the Government House Leader has been appointed interim and confirmed the general The House of Assembly Premier. Mr. Marshall, elected principle that there was no convened for the Fall sitting on in 2003, had held the Finance prohibition against a government November 4, 2013, portfolio before his appointment backbencher asking a question of as interim Premier. The Hon.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 49 Charlene Johnson, MHA, Legislation Infrastructure and the Standing Trinity-Bay de Verde has been Committee on Social Programs During the four-day sitting, appointed Minister of Finance. also held public hearings in six bills received first and second January to review both Bill 5: An reading and were referred to Leadership Renewal Act to Amend the Motor Vehicles standing committees. Three of the Act and Bill 6: An Act to Amend the The Progressive Conservative bills were directly related to the Medical Care Act. Both Committees Party has called a leadership implementation of the devolution will report back to the House convention for the weekend of agreement with the Government when it resumes on February 5, July 4 to select a new leader and of Canada. Responsibility for 2014. Premier of the Province. public lands, water and resource At the NDP Provincial management are scheduled to be Committees Convention in May one of the transferred on April 1, 2014, from resolutions to be discussed the Government of Canada to the Standing committees met will be the addition of a Government of the Northwest in the capital for two weeks in leadership renewal clause to the Territories. December 2013, to meet with NDP Constitution under the all government departments to In order for the transfer to consider the draft Main Estimates Elections section. The renewal take place the Government of process would take place at 2014-2015 of the Government Canada has introduced Bill of the Northwest Territories. every convention that is not a C-15, the Northwest Territories leadership convention including These in camera sessions allow Devolution Act which must be the May convention. If the committee input prior to the passed prior to April 1, and the expected introduction of the 2014- resolution is adopted all three Government of the Northwest parliamentary groups will have 2015 budget during the February/ Territories must introduce and March sitting. had a leadership review before adopt legislation mirroring the next general election. current federal statutes. If all the Committees reconvened in The House is expected to devolution-related legislation is January 2014 for a further two reconvene in March to prorogue adopted, this legislation will be week period to continue budget before opening the Third Session reviewed in the same manner as discussions, receive briefings and of the Forty-Seventh General other territorial legislation, with a prepare for the February/March Assembly. similar process to amend. sitting. The Standing Committee Public Accounts Elizabeth Murphy on Priorities and Planning, Clerk Assistant The Standing Committee on consisting of all 11 regular Government Operations, chaired Members, is mandated to deal by Michael Nadli, Member with devolution-related matters. for Deh Cho, conducted its The Surface Rights Board Act, the review of the Public Accounts Reindeer Act and the Archaeological of the Government of the Sites Act are currently before the Northwest Territories for the committee and seven additional Northwest Territories year ended March 31, 2013. pieces of legislation were A public hearing was held in expected to be introduced during Yellowknife on January 24, 2014, The Legislative Assembly the February/March sitting. The prorogued the Fourth Session of with the Comptroller General Standing Committee is soliciting and the Assistant Comptroller the 17th Legislative Assembly on public input on the proposed November 1, 2013 and returned General in attendance. The legislation and any amendments Committee is expected to on Nov. 4, 2013, to open the Fifth that Northern residents feel Session. The Session began with present its report to the should be addressed in the future. Assembly during the upcoming Commissioner George L. Tuccaro The Standing Committee will presenting the Commissioner’s sitting. This is the second report to the House on its findings review of the public accounts Address on behalf of the during the upcoming sitting. Government of the Northwest undertaken by the Standing Territories. The Standing Committee on Committee on Government Economic Development and Operations following a hiatus of

50 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 approximately nine years. The The theme of the speech was outlines changes required for Committee once again publicly strengthening the economy public pension reform and the commended the Comptroller through resource development, implementation of a shared-risk General for the timeliness of the strategic investments and pension model. The pension tabling of the Public Accounts. responsible management for legislation will put an end to the future. Highlights included special payments under the Public Clerk of Committees and Public public pension reform, converting Service Superannuation Act, and Affairs the current pension to a shared- provides the basis for converting On December 2, 2013, the risk model; the implementation the pension of Members of the Legislative Assembly welcomed of a prescription drug plan, Legislative Assembly to a shared- a new Clerk of Committees and ensuring residents have access risk model; Public Affairs.Michael Ball to coverage for expensive -Bill 17, An Act to Amend the came from the Department of medication as well as prescription Provincial Court Act, introduced Finance to join the Office of the drug coverage; and responsible by Justice Minister Troy Lifford, Clerk. Mr. Ball replaced the resource development, such as creates efficiencies in the previous Clerk of Committees, the construction of a west-east Provincial Court by reducing Jennifer Knowlan, who has pipeline and continued natural adjournment, encouraging early taken a position at the territorial gas exploration. resolution of files, reducing archives. Mr. Ball looks forward Reply to Throne Speech administrative work performed to meeting his colleagues from by judges and decreasing delays; other Canadian jurisdictions. On November 7, Official -Bill 27, Prescription and Opposition Leader Brian Gallant Catastrophic Drug Insurance Act Gail Bennett gave his reply to the Speech from , introduced by Health Minister Principal Clerk of Corporate and the Throne. Gallant confirmed Interparliamentary Affairs the Liberals’ support for the Hugh Flemming, proposes pipeline project, but urged that the creation of a prescription the necessary environmental drug insurance plan, protecting measures be taken. Gallant asked New Brunswickers against the government to obtain support catastrophic drug costs. from affected communities The Official Opposition and create a plan to ensure introduced nine Bills, including maximum benefit from the Bill 12, An Act to Amend the project. The Opposition called for Members’ Conflict of Interest Act, a moratorium on hydro-fracking, introduced by Brian Gallant. raising concerns of the potential It proposes to increase the health and environmental issues. cooling off period before former Gallant opposed many of the Members can accept a contract or proposed changes to the pension financial benefit granted by the plan, questioning the lack of Crown, including employment, transparency of the reform and from 12 months to 48 months. the government’s failure to Speaker’s Ruling properly consult with the civil New Brunswick servants and retirees on the issue. On December 4, Opposition House Leader Bill Fraser rose on Legislation Throne Speech a point of order and submitted Twelve Bills received Royal that the time allocation motion Lieutenant-Governor Graydon Assent during the fall sitting. moved by Glen Tait, Member for Nicholas formally opened the Legislation introduced by Saint John East, was out of order Fourth Session of the Fifty- Government included: as it was an abuse of the Standing seventh Legislature on November -Bill 11, An Act Respecting Rules and infringed upon the 5, delivering the fourth Speech rights of the minority. The from the Throne of Premier Pensions under the Public Service Superannuation Act, introduced by motion proposed to limit further David Alward’s Progressive debate on Bill 11, at all stages, to Finance Minister Blaine Higgs, Conservative government. three days. Speaker Dale Graham

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 51 ruled the motion to be in order as 10 government bills introduced Legislative Chamber on January the use of time allocation motions during the sitting received Assent 31 and February 1, brought has been an accepted practice in before the sitting concluded. presentations from eight groups the New Brunswick Legislature, and individuals over the course and the wording of the motion Select Committee – Hydraulic of two full days. After each in question mirrored that of time Fracturing committee member had the allocation motions used in the The work of the Select opportunity to ask the presenter past. The Speaker noted in his Committee Regarding the a few questions, committee ruling that notice of the motion Risks and Benefits of Hydraulic members selected and asked had been given the week prior, Fracturing (established in the questions submitted in writing by giving Members opportunity to 2013 Spring Sitting, and described visitors in the Gallery. The public determine how best to utilize the in Yukon’s two previous proceedings in the Chamber time spent considering the Bill. legislative reports) continues. The included representatives from The Speaker further noted that Committee travelled to southern industry, an environmental every Opposition Member had Alberta on a fact-finding mission group, academics, regulators, and the opportunity to speak on the from January 6-9 to “tour a site a First Nation. second reading of the Bill and and meet with organizations A motion adopted during that the Bill was currently being and government agencies,” the 2013 Fall Sitting (Motion considered in Committee of the in furtherance of the aspect #518), formalized committee Whole. of the Committee’s mandate membership changes that requiring its members to gain Resumption of Sitting and had been informally observed “a science-based understanding Standings since shortly after the July 8, of the technical, environmental, 2013 change in affiliation of The Fourth Session adjourned economic and regulatory aspects committee memberDarius Elias on December 13, 2013, and of hydraulic fracturing.” (from an Independent member, resumed on February 4, 2014, at On January 6, the Committee to a Government member). which point Mr. Higgs delivered travelled to Red Deer, toured the Official Opposition member his final budget speech before the Alberta Energy Regulator Field Lois Moorcroft replaced a September 22 general election. Centre, and held meetings with Government member, Stacey The Standings in the Alberta Energy Regulator, and Hassard, on the Committee, thus House remain 41 Progressive Sundre Petroleum Operators restoring the equal Government- Conservative, 13 Liberals, and 1 Group. The following day, the Opposition balance to the Independent. Committee toured a hydraulic Committee’s membership. Ms. fracturing operation and a Moorcroft was subsequently John-Patrick McCleave producing well site located elected by the Committee as Research Assistant north of Red Deer. On January its Vice-Chair – a role Mr. Elias 8, the Committee held meetings relinquished after becoming a in Calgary with Alberta Health Government member. Services, Alberta Environment The committee has not yet set and Sustainable Resource a schedule for public hearings Development, a University of to be held in various Yukon Calgary professor from the communities. The motion Department of Geology and establishing the committee Geophysics, and the Cochrane (Motion #433, carried May 6, Yukon Area Under Siege Coalition. The 2013) provides for the committee following day, the Committee to report back its findings travelled back to Yukon. 2013 Fall Sitting and recommendations to the In a January 20 open letter, Legislative Assembly before the On December 19, the 2013 Patti McLeod, chair of the six- end of the 2014 Spring Sitting. Fall Sitting of the First Session member committee, provided an Additional information about the rd of the 33 Legislative Assembly update on upcoming committee Committee is posted at: http:// adjourned. The 28-day sitting had proceedings. Public proceedings, www.legassembly.gov.yk.ca/ commenced on October 31. All which were held in the Yukon rbhf.html

52 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Yukon Liberal Party Leadership build Manitoba’s road and -Failing to respect the rule Convention bridges, flood protection and of law and the democratic right municipal infrastructure like of Manitobans by raising major On March 1, the Yukon Liberal water and sewer; taxes without a referendum Party will elected a new leader and exempting Ministers from (not known as of press time). On -Better and streamlined tax established salary penalties July 25, 2013, Sandy Silver, the credits for employers to take on during deficit periods; MLA for Klondike, announced more apprentices, and new tools that he would be running for the to help match apprentices with -Continuing to impose taxes leadership of the Yukon Liberal job openings; on Manitobans at a lower level of Party. Since August 17, 2012, -A new grant program income than what is found in all when Mr. Elias announced he for young entrepreneurs in but two provinces, and failing to would sit as an Independent technology-based start-ups and provide an increase in the basic member, Mr. Silver has been the access to better resources for personal income tax exemption to Interim Liberal Leader, and the young people in skilled trades the national provincial average; de facto Leader of the Third Party wanting to start their own -Failing to protect the most in the House. business; vulnerable Manitobans by -New schools for growing refusing to raise the rental Linda Kolody neighbourhoods; allowance portion of employment Deputy Clerk and income assistance to 75 per -New Churchill transportation cent of median market rents; and authority to diversify and market the port to attract investment -Failing to follow through on and develop opportunities in the past commitments of numerous north; core infrastructure projects. -New child-care centres to give Following the defeat of parents more convenient options Mr. Pallister’s amendment on for care; November 21, 2013 by a vote of yeas 18, nays 34; on November 22 -More health professionals to the main motion carried on a vote help family doctors’ offices take of yeas 35, nays 17. on new patients, expansion of care options for cancer patients Legislation and building more clinics for As a result of the Sessional families to conveniently access Order adopted on September 11, the care they need; and 2013, the fall session dealt with Manitoba -Expansion of Manitoba Hydro the remaining legislative stages energy-efficiency incentives to of 35 reinstated government Speech from the Throne lower-income renters. bills from the 2nd Session. In late November, the House The Third Session of the 40th Reply to the Speech From The debated numerous Report Legislature began on November Throne Stage Amendments moved 12, 2013 with the presentation Official Opposition Leader by all parties to 15 separate of the NDP government’s Brian Pallister’s non-confidence bills and saw the passage of 10 17th Speech from the Throne. amendment to the Address in amendments affecting seven Delivered by Lieutenant Reply motion noted a number of government bills. Governor Phillip Lee, the shortcomings in the speech and address highlighted a range of As well, this fall session saw in the government’s performance, government commitments and the introduction of 19 bills and including: proposals, including: the passage of one government -Ignoring both the will of bill, all addressing a variety of -Strong infrastructure to Manitobans and the law by governance areas including: grow Manitoba’s economy – choosing to raise the Provincial a new five-year, $5.5 billion -Bill 2 – The Highway Traffic Sales Tax by one per cent from plan focused on core, strategic Amendment Act (Safety of Workers seven to eight per cent; economic infrastructure will

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 53 in Highway Construction Zones), These bills, except for Bill 2, Melnick from the NDP Caucus which increases the additional are all carried over to the spring indicating that he and his caucus fine to $7.70 per kilometre per session in order to proceed had lost confidence in the former hour of excess speed regardless through the rest of the legislative Minister of Immigration. In of whether workers are present process. accordance with section 32.3.1 of or equipment is being used in The Legislative Assembly Act, Ms. any construction zone that is Standing Committees Melnick will now be considered signed in accordance with the Manitoba Standing Committee as an Independent Member. regulations. activity this quarter included the The current party standings -Bill 21 – The Churchill Arctic following five meetings: in the Manitoba Legislature Port Canada Act, which establishes -Human Resources Committee are: NDP 36, Progressive Churchill Arctic Port Canada Inc. – to consider Bill 2; Conservatives 18, two as a non-government agency in -Legislative Affairs Committee Independents. the form of a corporation without – to consider the Children’s The House sat until Dec. 5, share capital. Its mandate Advocate Annual Report; 2013 before recessing for the is to facilitate the long-term holidays. Under the terms of development and viability of the -Social and Economic Development Committee – to the Sessional Order, the spring Churchill gateway system and to session will resume on March 6, promote it. consider the Manitoba Poverty Reduction and Social Inclusion 2014. The Sessional Order also The Cooperative -Bill 23 – Strategy (All Aboard) Report; and specifies dates for the completion Housing Strategy Act, which of Interim Supply, Main and requires the minister to develop a -Public Accounts Committee Capital Supply, and sets an end cooperative housing strategy and met on two separate occasions – date for completion of other review it at least every five years. to consider several reports from House business to occur between The minister is to consult when the Auditor General covering a June 12 and June 20, 2014. developing and reviewing the variety of topics including, the strategy. Manitoba Early Learning and Monique Grenier Child Care Program; and special The Apprenticeship Clerk Assistant/Clerk of Committees -Bill 33 – audits of four individual rural Employment Opportunities Act municipalities. (Public Works Contracts), which requires the government and any Under the provisions public sector body designated in of the Sessional Order, the the regulations to develop and Public Accounts Committee is implement an apprenticeship required to have ten meetings policy. An authority must also between September 11, 2013 ensure that its public works and September 11, 2014. This contracts contain a commitment committee held its fourth meeting by the contractor to employ on January 13, 2014. apprentices during the time the By-Elections and Current Party contractor performs work. Standings -Bill 204 – The Results-Based As a result of two by-elections Budgeting Act, which requires held on Jan. 28, 2014, Progressive the budgets for all government Conservative candidates, Doyle programs, services, agencies, British Columbia Piwniuk and Shannon Martin boards and commissions to be became the newly elected reviewed on a regular cycle to The Legislative Assembly members for the constituencies of ensure that they are delivering resumed on February 11, 2014 Arthur-Virden and Morris. They the outcomes that the public for the prorogation of the first will both be officially introduced needs. session of the Fortieth Parliament. when the House resumes sitting The second session began in -Bill 205 – The Seniors’ Rights in March. the afternoon with the Speech Act, which establishes a bill of On February 4, 2014, Premier from the Throne, followed by rights for Manitoba’s seniors. Gary Selinger removed Christine Budget Day on February 18. In

54 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 preparation for the spring sitting, Accessibility the government issued White Several changes have Papers on proposed amendments been made to the Parliament to the Electoral Boundaries Buildings to improve barrier- Commission Act, reforms to free accessibility for persons local government elections; with disabilities. They include and designing digital services, construction of a ramp behind the including the recently introduced Chamber to permit wheelchair BC Services Card. access to the Legislative Library, Committee Activity and the addition of automatic doors and card-access controls to Several committees were active several entrances and washrooms during the reporting period. On around the buildings. These Alberta November 14, the Select Standing changes supplement other Committee on Finance and accessibility initiatives over the Continuation of the 1st Session Government Services released its past year, including the opening of the 28th Legislature report on the public consultations of the new barrier-free Mowat The fourth sitting of the First on Budget 2014. The Committee entrance at the front of the received 676 submissions during Session of the 28th Legislature Parliament Buildings in March convened on October 28, 2013, the five-week consultation period, 2013. and made 73 recommendations and adjourned on December for the next provincial budget. Speaker in the Schools Program 4, 2013. This sitting saw the The Committee also completed passing of 19 Government Bills In November, Speaker Linda its annual review of the budgets and two Private Members Public Reid launched the Speaker of the eight statutory offices, Bills. The Second Session of the in the Schools Program, a and issued its report, with 28th Legislature is scheduled to new educational initiative for recommendations, on December commence on March 3, 2014. elementary school students 19. Bill 28, Enabling Regional designed to support and Growth Boards Amendment Act, The Legislative Assembly encourage young people to get originally named the Modernizing Management Committee involved in their communities Regional Governance Act, received (LAMC) met three times between and to become parliamentarians First Reading on October 28, 2013. November and January. During as a future career choice. The The Bill caused an immediate that time, the Committee program gives students the outcry from opposition parties completed its first public review opportunity to participate in and municipal leaders who of the proposed estimates of a model parliament, debate argued the proposed legislation expenditure for the Legislative bills, and take on the roles of was heavy-handed and created Assembly, and agreed to clarify Speaker, Clerk, and Sergeant- without proper consultation. the Members’ per diem policy At-Arms, as well as Premier Second Reading debate began on regarding prorating of Members’ and Leader of the Opposition. October 29 and was completed per diem expenses. LAMC also It also showcases educational at 1:41 a.m. the next day after agreed to a proposal to facilitate resources available from the surviving a hoist amendment, Members electronic access to Parliamentary Education Office brought forward by the Official House and Committee documents and promotes the BC Teachers’ Opposition. On October 31, through iPad technology. Institute on Parliamentary 2013, Premier Alison Redford Democracy. The Speaker visited On December 12, LAMC (Calgary-Elbow) announced that elementary schools in the Haida released an annual report of progress on the Bill would be put Gwaii communities of Masset, activities covering January 2012- on hold to allow for consultation Port Clements, Skidegate, and 2013. The next annual report will with municipalities. One month Sandspit on November 19 and 20 feature further accountability later, during consideration of Bill to launch the program. reporting, and will be published 28 in Committee of the Whole, in conjunction with the release of Byron Plant the Minister of Municipal Affairs, the Legislative Assembly’s first Hon. Doug Griffiths (Battle Committee Research Analyst audited financial statements. River-Wainwright) proposed

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 55 amendments to the Bill that Legally barred from striking (Edmonton-Mill Creek), were accepted by the House. In and unable to reach an agreement addressed the purported question addition to changing the name of with the Government through of privilege. The Speaker found the Bill, the amendments clarified negotiation or mediation, the there was no prima facie case that Growth Management Boards AUPE had applied successfully of privilege because there was would not be implemented by to go to binding arbitration in no finding that the Bill had the provincial government but February 2014. Under Bill 46 this been provided in its final form could be established by interested option is no longer available. The to the media or other entity municipalities, and that these Public Service Salary Restraint Act prior to its introduction in the Boards would be required to provides that if the Government Assembly. However, he went on develop an appeals process and and the union are unable to to clarify that his ruling should submit annual reports to the negotiate an agreement by not be interpreted as reducing Assembly. The enforcement January 31, 2014, or a date not restrictions on providing provisions of the Act were also later than March 31, 2014, then detailed information on Bills changed to ensure penalties focus the legislated agreement takes not yet before the Assembly. He on organizations, as opposed effect. However, the AUPE has cautioned that any advertising to individuals, and to impose initiated a legal challenge against of a Bill should be undertaken fines instead of imprisonment. the Government and requested with great caution so as not to Bill 28, as amended, received a stay on the implementation give the impression that the Bill Third Reading on Dec. 4, 2013, of the legislation until the was already law, and he went and came into force upon Royal court has ruled whether the on to emphasize the convention Assent one week later. legislation breaches the rights of confidentiality of Bills on The closing days of the fall of union members. On January notice in order to ensure that all sitting saw more controversy 29, 2014, the Court of Queen’s Members of the Assembly are after the Government introduced Bench issued a two-week stay well informed and the role of the Bills 45 and 46 in the Assembly. on the legislation to allow time Assembly in the parliamentary Bill 45, Public Sector Services to consider the request for a system is respected. Continuation Act significantly longer injunction. The following Subsequently, two additional increases the fines and civil day, the negotiation deadline purported questions of privilege liabilities on unions for illegal was extended to March 31, 2014, were raised in the Assembly. strikes or threats to strike. through an Order-in-Council. The first of these related to Bill 46, Public Service Salary Questions of Privilege Government advertising Restraint Act would apply to followed by a concern regarding the Government’s negotiations On the October 29, 2013, advance media access to with the Alberta Union of Public Shayne Saskiw (Lac La Biche- detailed information on Bills. Employees (AUPE) and would St. Paul-Two Hills) raised a On November 27, 2013, Rachel impose terms if agreement was purported question of privilege Notley (Edmonton-Strathcona), not reached between AUPE and regarding the Government’s raised a purported question the Government. Both pieces public advertising of a Bill that of privilege suggesting that of legislation faced significant had not been presented to the the independence and the criticism from unions and Assembly. The Bill in question, function of the Special Standing opposition parties and prompted Bill 32, Enhancing Safety on Committee on Members’ Services, multiple demonstrations on Alberta Roads Act, was on the the legislative committee the Legislature grounds. The Order Paper but had not been responsible for determining Government moved time introduced in the Assembly when Member remuneration, had been allocation motions limiting related media articles and public obstructed when the government debate at each stage of the signage appeared. Mr. Saskiw sent out a brochure to Albertans, legislative process to two argued that the Government including a statement referring hours. Both Bills moved quickly was in contempt for breaching to a multi-year wage freeze through the House and received the rights of the Members of the for MLAs. The government Third Reading just before the Legislative Assembly. brochures were delivered to completion of the fall sitting and On Oct. 31, 2013, the Speaker, Albertans several days prior to were granted Royal Assent on Hon. Gene Zwozdesky a committee meeting at which a December 11, 2013. motion calling for a three-year

56 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 wage freeze for MLAs was Assembly and the matter came to Oberle. Donna Kennedy-Glans scheduled for discussion. a close. (Calgary-Varsity) was appointed to the new position of Associate It was further purported that Changes to Cabinet the Government had breached Minister of Electricity and the privileges of the Assembly On December 6, 2013, Premier Renewable Energy. by holding a media briefing Redford announced significant With these new appointments regarding Bills 45 and 46 before changes to her Cabinet, which Premier Redford’s cabinet now either Bill had been presented in saw several ministers moved into has 19 ministers, including the Assembly and before copies new portfolios and the creation the Premier, and 10 associate were available to MLAs. The of both a new ministry and a new ministers. media briefing had a scheduled associate ministry. Dave Hancock start time of 2:45 p.m. while (Edmonton-Whitemud) took over Reports by the Ethics copies of the Bills in question as Deputy Premier and Minister Commissioner were not distributed in the of Innovation and Advanced In May 2013, Peter Sandhu Assembly until approximately Education, while Thomas (Edmonton-Manning), 3:15 p.m. Lukaszuk, the former Deputy resigned from the Progressive Premier, moved to the new Conservative caucus following On December 2, 2013, the ministry of Jobs, Skills, Training Speaker presented his ruling on media reports on legal actions and Labour. Wayne Drysdale both matters. Having received related to his personal business (Grande Prairie-Wapiti) and Ric additional information from interests. Mr. Sandhu requested McIver (Calgary-Hays) traded the Ministers involved in the that the Ethics Commissioner portfolios to become the Minister investigate the matter. Three media briefing on Bills 45 and of Transportation and Minister of 46 the Speaker found that the and a half months later another Infrastructure respectively. Ken distribution of the Bills in the investigation was requested Hughes (Calgary-West) took over Assembly and the actual time by opposition Members Municipal Affairs, whileDiana at which the media briefing who raised concerns about McQueen (Drayton Valley- prima facie the appropriateness of Mr. occurred indicated no Devon) became the Minister case of privilege had occurred. Sandhu lobbying for changes to of Energy, after having served legislation that would benefit his The Speaker went on to as Minister of Environment own home building company. address the matter of the and Sustainable Resource brochure referring to a wage Development. Doug Griffiths On October 16, 2013, the freeze for MLAs. In a statement went from Municipal Affairs to Commissioner released two that included references to Service Alberta, previously led reports relating to Mr. Sandhu’s parliamentary authorities and by Manmeet Bhullar (Calgary- activities. The Commissioner precedents found in other Greenway), who was moved to ruled that Mr. Sandhu’s efforts Canadian jurisdictions the Human Services. Frank Oberle to change legislation pertaining Speaker ruled that a prima facie (Peace River) was promoted from to home building companies case of privilege had occurred. It Associate Minister of Seniors to “created an appearance of a was noted that the Government Minister of Aboriginal Relations, conflict of interest but did not had already been “warned to which had been led by Robin amount to an improper use of not try and presume that the Campbell (West Yellowhead), his office.” Regarding the legal Assembly would pass legislation who became Minister of proceedings against Mr. Sandhu’s through some form of their Environment and Sustainable private business the Ethics own advertising.” The Speaker Resource Development. Commissioner concluded that the Member had violated the Conflicts indicated the Government was in Three private Members contempt of both the Assembly of Interest Act on six occasions became associate Ministers: Dave and one of its committees. by not disclosing court actions Quest (Strathcona-Sherwood which had not reached finalized Following the ruling Deputy Park) was promoted to Associate settlements. However, the report Premier, the Hon. Thomas Minister of Seniors, and Naresh also concluded that although Mr. Lukaszuk (Edmonton-Castle Bhardwaj (Edmonton-Ellerslie) Sandhu had breached the Act Downs), apologized on behalf of took over the Persons with he was relying on the advice of the Government for any affront Disabilities portfolio from Mr. his lawyer at the time and that to the dignity of the Legislative

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 57 “there was no deliberate attempt The Ethics Commissioner’s unanimously recommended to conceal actions for some investigation of the Premier, to the Assembly that Glen L. underlying reason.” Ultimately occasionally referred to Resler be appointed as Chief the Commissioner recommended as “tobacco-gate,” took Electoral Officer of Alberta. The to the Assembly that no sanction approximately a year to complete. Committee’s recommendation was warranted. The Ethics Commissioner was accepted by the Assembly On December 10, 2013, it was concluded that Ms. Redford, in and Mr. Resler began his new announced that Mr. Sandhu had her role as Minister of Justice, appointment on December 9, been welcomed back into the had taken part in the decision 2013. Progressive Conservative caucus. to hire a consortium of law On November 15, 2013, With this change the composition firms that included the firm in Alberta’s third Ethics of the Legislative Assembly of which her ex-husband was a Commissioner, Neil R. Alberta now sits at 60 Progressive partner, to represent the province Wilkinson, advised the Standing Conservative Members, 17 in a lawsuit against tobacco Committee on Legislative Offices Wildrose Members, five Alberta companies. He found that Ms. that he would not be seeking Liberal Members, four New Redford had not improperly reappointment when his five- Democrat Members, and one furthered any private interests, year term expired on November independent Member. and that her involvement in the 18, 2013, but that he would matter “was an entirely proper In January 2013, the Ethics remain in office for an additional exercise of her office as Minister six months, as permitted by Commissioner confirmed he of Justice, and in the public was conducting an investigation legislation, during the search for interest.” The Commissioner his successor. On December 3, into allegations that Premier found that the Premier had not Redford had breached the 2013, the Assembly appointed a breached the Conflicts of Interest nine-Member all-party committee Conflicts of Interest Act when she Act, and no sanctions were was Minister of Justice in 2010. for the purpose of inviting recommended. In his report, applications for the position of The investigation focused on the Commissioner used the the selection of a consortium Ethics Commissioner and to opportunity to remind Members recommend to the Assembly of law firms to represent the that his office performed both province in an estimated $10 the applicant it considers most an investigative function and suitable for the position. After billion lawsuit against tobacco an advisory role and that costly, companies. Included in the conducting a national advertising time consuming investigations campaign the Committee met selected consortium was the would be avoided if politicians firm at which the Premier’s ex- on February 21, 2014, to screen and senior officials consulted his applications. husband is a partner. Throughout office for guidance. the investigation a number of people, including several senior Search Committee Activity Jody Rempel Committee Clerk government officials, and the On November 20, 2013, the Premier herself, were interviewed all-party Select Special Chief by the Office of the Ethics Electoral Officer Committee Commissioner.

58 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 Notes

CANADIAN PARLIAMENTARY REVIEW/SPRING 2014 59 Notes

60 CANADIAN PARLIAMENTARY REVIEW/SPRING 2014

Canadian Region Commonwealth Parliamentary Association

Alberta Newfoundland & Labrador Ontario Office of the Clerk Office of the Clerk Office of the Clerk Legislative Building Confederation Building Room 104, 801 Legislature Annex P.O. Box 8700 Legislative Bldg. Edmonton, AB T5K 1E4 St John’s, NL A1B 4J6 Toronto, ON M7A 1A2 780 427-2478 (tel) 709 729-3405 (tel) 416 325-7341 (tel) 780 427-5688 (fax) 707 729-4820 (fax) 416 325-7344 (fax) [email protected] [email protected] [email protected]

British Columbia Northwest Territories Prince Edward Island Office of the Clerk Office of the Clerk Office of the Clerk Parliament Buildings P.O. Box 1320 Province House Room 221 Yellowknife, NT X1A 2L9 P.O. Box 2000 Victoria, BC V8V 1X4 867 669-2299 (tel) Charlottetown, PE C1A 7N8 250 387-3785 (tel) 867 873-0432 (fax) 902 368-5970 (tel) 250 387-0942 (fax) 902 368-5175 (fax) [email protected] [email protected] [email protected]

Federal Branch Québec Executive Secretary Direction des relations inter- 131 Queen Street, 5th Floor parlementaires House of Commons Assemblée nationale Ottawa, ON K1A 0A6 Québec, QC G1A 1A3 613 993-0330 (tel) 418 643-7391 (tel) 613 995-0212 (fax) 418 643-1865 (fax) [email protected] [email protected]

Nova Scotia Manitoba Office of the Clerk Saskatchewan Office of the Clerk Province House Office of the Clerk Legislative Building P.O. Box 1617 Legislative Building Room 237 Halifax, NS B3J 2Y3 Room 239 Winnipeg, MB R3C 0V8 902 424-5707 (tel) Regina, SK S4S 0B3 204 945-3636 (tel) 902 424-0526 (fax) 306 787-2377 (tel) 204 948-2507 (fax) 306 787-0408 (fax) [email protected] [email protected] [email protected]

New Brunswick Nunavut Yukon Office of the Clerk Office of the Clerk Office of the Clerk Legislative Building Legislative Assembly of Nunavut Legislative Building P.O. Box 6000 P.O. Box 1200 P.O. Box 2703 Fredericton, NB E3B 5H1 Iqaluit, NU X0A 0H0 Whitehorse, YT Y1A 2C6 506 453-2506 (tel) 867 975-5100 (tel) 867 667-5494 (tel) 506 453-7154 (fax) 867 975-5190 (fax) 867 393-6280 (fax) [email protected] [email protected] [email protected]