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A Survey on the Ontario Speakership

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A Survey on the Ontario Speakership A Survey on the Ontario Speakership by Aamir Taiyeb The Speakership is an old and venerable office. Much has been written about the Speakership in Westminster, where the office, as well as much of Canada’s parliamentary traditions originated. However, the Speakership at Westminster is not the same as the Speakership in Canada and the thirteen provincial and territorial Speakerships also have some distinctions among them. This paper examines certain issues relating to the Speakership in Ontario including the election of the Speaker, the Speaker’s role in the house, the Speaker’s role as representative of the Legislature and the importance of personality. In so doing, it attempts to provide a better understanding of the role of the ‘first commoner’ in Ontario. s recently as May 2008, in a report entitled Justice. Throughout Ontario’s history, Speakers have Everything Old is New Again: Observations on played a vital role in shaping the highest institution in AParliamentary Reform, Thomas Axworthy, the province. recommended that the Speaker of the House of The Election of Speaker Commons make better use of her or his ability to influence the outcomes, efficiency and working of The procedure for the Speaker’s election is provided the House through the use of ‘moral suasion’. The for in the Standing Orders, the rules of procedure report also urged the Speaker to use his authority to that govern the conduct of the Legislative Assembly undo logjams in Parliamentary Committees1. This is of Ontario. According to Standing Order 3, the Clerk evidence that the Speakership is, and continues to be, administers the election and the voting process itself is held in high esteem across Canada. It is also telling that completely secret. The candidate with the most votes is the Speaker’s authority, at least at the federal level, then declared the Speaker by the Clerk. derives directly from the Constitution. Article 46 of Official sources are silent on the candidates’ the Constitution Act 1867, states that “The Speaker shall campaigns for the Speakership in Ontario. While, preside at all Meetings of the House of Commons”. arguably, the position of Speaker is on par with that Similarly, Ontario’s Legislative Assembly Act of a Minister, elected Members cannot campaign for authorizes the Speaker to assume various key roles, inclusion in Cabinet as they can for the Speakership. including that of head of the Office of the Assembly. Any elected Member can campaign to be Speaker, The Ontario Speaker is fourth in the protocol chain, provided that they are not already members of the behind the Lieutenant-Governor, Premier and Chief Executive Council, or the Leaders of a recognized party in the House. The Speakership is perhaps prized because of its accompanying privileges (use of an apartment in the Legislative Building at Queen’s Park Aamir Taiyeb was an intern with the Ontario Legislative and a salary increase) or perhaps because it allows for Internship Programme in 2007-2008. This is a revised version of a great degree of influence and respect in the Chamber. a paper delivered at the Annual Meeting of the Canadian Political Whatever the reason(s) may be, it is telling that no less Science Association in Vancouver, on June 5, 2008. It was based on a 2008 survey to all Speakers and Clerks across Canada, as than five candidates vied for this position after the 2007 well as to selected academics and senior Parliamentarians. The general election. Each one, tried in one way or another, survey was designed, administered, and the responses aggregated to influence their fellow colleagues. For example, anonymously, by the author. CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 15 Ted Arnott, MPP for Wellington-Halton Hills, wrote certain continuity of office that transcends partisanship a campaign-style letter to all MPP’s expressing his and party politics. But Ontario according to some of desire to pursue, among other things, improvements those interviewed for this paper, is simply not mature to Legislative decorum.2 Other candidates spoke enough to adopt this practice. Although, in Canada individually with their elected colleagues. Lucien Lamoureux, ran twice as an Independent and was elected unopposed by any major political party. Former Speaker David Warner related how in the Danis Marcel, a former Deputy Speaker of the House 1985 Speaker’s campaign, he and other candidates of Commons suggested that: were permitted to speak to each caucus individually, pitching their case in person.3 Mr. Warner even lobbied Lucien Lamoureux planted the seeds of what his counterparts in the hallways and over coffee in may yet see the light of day in our parliamentary tradition: first, the beginnings of the concept of a the Legislature. While the official procedure today continuous speakership; and, given this concept, remains unchanged since 1985, the approach taken by the idea that a Speaker seeking office in a general candidates today seems much more streamlined than election ought not to participate in a partisan it did in the past. fashion.4 Most persons surveyed agreed or were neutral with Whatever the merits of each argument may be, the the statement that ‘Candidates for Speaker often lobby winds of change may yet blow through this hallowed their fellow members during the election process.’ All office in the province of Ontario in this regard. The agreed with the statement that ‘Candidates for Speaker survey also asked a question relating to the Speaker’s should not be allowed to lobby their fellow Members. role outside the Chamber which elicited some of the However, perhaps the most interesting question in following responses: this section of the survey was the last: ‘The election • A Speaker who is able to bring Members together of Speaker is usually fair, open and transparent’. Two is effective; this could be done through dinners responses, disagreed with this statement. with the Speaker, etc • Demonstrate to your constituents that you still Some respondents suggested, although no concrete represent them. Be active in the day-to-day evidence was available, that the Premier’s Office in operations of Queen’s Park: i.e. administration, the past has been known to interfere in the Speaker’s weekly dinners with MPPs. Important to maintain election. Former Speakers Gary Carr and Chris an open-door policy with Members and their staff Stockwell appear to have had this experience, perhaps • A good administrator. An affable diplomat. an unfortunate vestige of days past when the Speaker Someone whose presence internationally will was almost entirely the choice of the sitting Premier. enhance our countries reputation • Solid understanding and interest in the operation The process for choosing a Speaker has matured and purpose for representative/parliamentary over time at Westminster. The incumbent, barring any institutions coupled with a willingness to share egregious behavior or flagrant misconduct, is returned this knowledge, in an engaging way, with those unopposed to his/her former role. He or she must run who are interested in a general election of course, and win, but even here • Being non-partisan in comments, not commenting tradition dictates that parties will not field candidates on issues in the media, including Members from all sides of the House in events or functions or in the incumbent Speaker’s riding. This allows for a dinner hosted by the Speaker and including Members from all sides of the House in conference The Election of Speaker delegations headed by the Speaker Statement Strongly Neutral Disagree/ • An interest in parliamentary issues and procedures agree/agree strongly and a desire to promote parliamentary principles disagree and an exchange of ideas and practices Candidates for Speaker • Active and visible participation in educational, often lobby their fellow 84% 8% 8% ceremonial and community events; effectively Members during the pursuing constituency issues in a manner that election process does not compromise the Speaker’s impartiality in Candidates for Speaker the House should not be allowed to lobby their fellow 100 0 0 • Respectable personal qualities such as strong Members for conflict of active listening skills, community-mindedness, interest reasons accessibility, respect for cultural differences, being of strong moral standing, modesty, and The election of Speaker is usually fair, open and 70% 15% 15% a healthy, positive lifestyle. Professional and transparent political experience including an awareness of the 16 CANADIAN PARLIAMENTARY REVIEW/SUMMER 2009 circumstances leading up to political decisions, Speaker’s Role in the Chambre / House understanding the process, and how/where the Speaker can shape those decisions that impact Strongly Disagree/ on his/her constituents while working ‘behind Statement agree/ Neutral strongly agree disagree the scenes’. A healthy respect for the institution and recognition of the goals and aspirations of the Most Speakers are completely Members also helps non-partisan in enforcing the 100% 0 0 Standing Orders/House Rules • Basic policy/advocacy skills – but overall influence is very limited Most Speakers rely entirely on the Clerks for advice on proce- 70% 15% 15% • A thorough understanding of the operations of the dural matters (as opposed to Assembly and importance of it’s independence themselves) from the executive. It is only with this The Speaker should have the understanding that a Speaker can work in the best ability/authority to rule on the 92% 0 8% interest of the institution ‘relevance’ of matters under • An air of being well-informed, a sense of self- discussion in the House confidence and non-partisan The effeciency of the House would be increased if the Balancing Government and Opposition Speaker was able to rule more often on the ‘quality’ of com- 77% 8% 15% The Speaker’s role is pivotal in our system. ments/debates/questions in the House (for ex.: unnecessary Regardless of an assembly’s size or composition, repetition in House debates) every Speaker bears responsibility for balancing two fundamental principles of parliamentary Speakers often advocate their own agendas or their party’s democracy.
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