Can Question Period Be Reformed?
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The Difficulty of Amending the Constitution of Canada
Osgoode Hall Law Journal Volume 31 Issue 1 Volume 31, Number 1 (Spring 1993) Symposium: Towards the 21st Century Article 2 Canadian/Australian Legal Perspectives 1-1-1993 The Difficulty of Amending the Constitution of Canada Peter W. Hogg Osgoode Hall Law School of York University Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/ohlj Part of the Constitutional Law Commons Special Issue Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Hogg, Peter W.. "The Difficulty of Amending the Constitution of Canada." Osgoode Hall Law Journal 31.1 (1993) : 41-61. https://digitalcommons.osgoode.yorku.ca/ohlj/vol31/iss1/2 This Special Issue Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. The Difficulty of Amending the Constitution of Canada Abstract The Charlottetown Accord of 1992 was a set of proposals for amendments to the Constitution of Canada. These proposals were designed to achieve a national settlement of a variety of constitutional grievances, chiefly those arising from Quebec nationalism, western regionalism, and Aboriginal deprivation. The Accord was defeated in a national referendum. In the case of Quebec, the defeat of the Charlottetown Accord, following as it did on the defeat of the Meech Lake Accord, has made the option of secession relatively more attractive, but there are sound pragmatic reasons to hope that Quebec will not make that choice. -
Mr. Speaker, It's My Pleasure to Introduce to You and Through You to Other Members of the Assembly Ms Title: Thursday, March 22, 1990 2:30 P.M
March 22, 1990 Alberta Hansard 213 Legislative Assembly of Alberta MRS. HEWES: Mr. Speaker, it's my pleasure to introduce to you and through you to other members of the Assembly Ms Title: Thursday, March 22, 1990 2:30 p.m. Molly Anderson, who is a teacher from the state of Florida who is here on a Fulbright exchange. Ms Anderson tells us she is Date: 90/03/22 very impressed with the education system in Alberta. [The House met at 2:30 p.m.] head: Oral Question Period [Mr. Speaker in the Chair] Meech Lake Accord head: Prayers MR. MARTIN: Mr. Speaker, to the Premier. Yesterday we learned that the Premier and his western counterparts have MR. SPEAKER: Let us pray. agreed to set up a task force that will try to develop a common front among western provinces to deal with the constitutional Lord, forgive our excessive busyness as we seek to do our crisis. I'd say to the Premier that we welcome this initiative business. because we've watched with growing alarm the constitutional Grant us an awareness of these moments of life that we might crisis developing and the thought that our country could break take on a renewed sense of commitment as we seek to serve all up from lack of unity. At the same time, we are concerned that Albertans. the formation of this common front does not lead to a hardening Amen. of positions and that the committee will explore all avenues that head: Notices of Motions might lead to a solution to this current constitutional crisis. -
Charlottetown Accord
Charlottetown Accord This article was written by a law student for the general public. Following the failure of the Meech Lake Accord in 1990, a series of deliberations took place on the future of Confederation both within and outside of Quebec. In fact, there were four bodies empanelled to engage in these discussions – a parliamentary and an extra-parliamentary body within Quebec and a parliamentary and an extra-parliamentary body nationally. Specifically, within Quebec, there were the Allaire Committee (see Allaire Report) and the Belanger- Campeau Committee; and nationally, there were the Beaudoin- Edwards Committee and the Spicer Commission. These studies led to various reports including the federal documentShaping Canada’s Future Together. Subsequently, the federal government convened a series of five national conferences to discuss various aspects of this document. This, in turn, led to a federal report entitled A Renewed Canada. All of the foregoing culminated in negotiations among the federal government, the provincial governments (including Quebec in the latter stages of negotiations), the territorial governments and representatives from the Assembly of First Nations, the Native Council of Canada, the Inuit Tapirisat of Canada and the Métis National Council. These negotiations resulted in what is now referred to as the ‘Charlottetown Accord’. The Accord dealt with a number of constitutional issues. For example, regarding the division of legislative powers (see division of powers), it provided for exclusive provincial jurisdiction over forestry, mining and some other areas. It also required the federal government to conduct negotiations with the provinces in order to “harmonize” policy in such areas as telecommunications, labour development and training, regional development and immigration. -
CONSTITUTION-MAKING AS INTERGOVERNMENTAL RELATIONS a Case Study of the 1980 Canadian Constitutional Negotiations Adam D
CONSTITUTION-MAKING AS INTERGOVERNMENTAL RELATIONS A Case Study of the 1980 Canadian Constitutional Negotiations Adam D. McDonald1, University of Waterloo The Constitution Act, 1982 is a document that profoundly changed the Canadian political landscape. It brought home the highest law of the land; it provided Canadians a mechanism to change their Constitution; it created a Charter of Rights and Freedoms, entrenched within the Constitution, out of the reach of one government. Perhaps its most important legacies, however, are the seemingly permanent isolation of Quebec and the primacy of place in Canadian history it gave Pierre Trudeau. This paper will examine the constitutional history of Canada with a view to determining what made the 1980 negotiating sessions successful when the sessions that led to both the Meech Lake Accord and the Charlottetown Accord were not. It is important, however, to note that the word “successful” is used in the sense that an agreement was reached. Unlike Meech and Charlottetown, the repatriated constitution did not have unanimity among the participants. The question that comes to mind is this: if the governments did not really agree in 1981, why was a Constitution ratified? More importantly, are there lessons that can be drawn from this agreement that can be applied to the failed accords of the Mulroney era? In order to complete this examination, the paper will be divided into two parts. In the first part, Canada’s constitutional story will be told. This is a necessary part of any examination of the constitutional negotiations, for without knowing what the players wanted historically, one cannot see what was changed by the 1980s. -
Interview with Darren Praznik 125
INTERVIEW WITH DARREN PRAZNIK 125 Interview with Darren Praznik 160 A good parliamentary system is about checks and balances. Ultimately, the majority will rule, as it should. But the minority members of the House have huge ability to make the government go through a lot of processes before they ultimately rule. - Darren Praznik Any minister who is not prepared to accept reasonable suggestions or improvements from the opposition or the public does so at their own peril. You look stubborn, you look like you're on an ego trip as opposed to being a good minister, and I think you're always better to be flexible in the process. .1 always respected those groups who 2003 CanLIIDocs 77 came to me and said `we're opposed to your public policy decision, but if you're going to do it, these things make it better'. I mean, why would you just want to make it hard for people for no reason? - Darren Praznik I. INTRODUCTION s a young lawyer, Darren Praznik was first elected to the Manitoba ALegislature in 1988. Under Premier Gary Filmon, Darren served as Minister responsible for a wide variety of portfolios, including Labour, Energy and Mines, Northern and Native Affairs, Health, and Highways and Transportation. Darren continued to serve as a member of the Official Opposition from 1999 until February of 2002. He has since served as Executive Director of Government Relations for Canadian Blood Services. Over eleven years in government, Darren was witness to a number of notable legislative crises, including the failure of the Meech Lake Accord in 1990 and the Manitoba Telephone System privatization debate in 1996. -
COVID's Collateral Contagion
June 2020 COVID’s Collateral Contagion: Why Faking Parliament is No Way to Govern in a Crisis Christian Leuprecht The COVID-19 epidemic is the greatest test for the maintenance of Canada’s democratic constitutional order in at least 50 years, certainly since the October crisis of 1970. It is also a bellwether for the way the Canadian state manages risk. Risks that stem from globalization have a common denominator: by definition, no state can manage them alone. However, citizens still expect their state to act. Confronted with dire predictions of immi- nent Armageddon, politicians invoke largely performative measures to signal to citizens that they are acting – to manage a risk that is largely beyond their control. Managing risk has become to individual citizens the essence of the modern welfare state: unemployment insur- ance, health care insurance, mortgage insurance, etc. Such is the essence of “risk society”: the expectations by citizens that the state will manage risks, many of which the state cannot control, such as a global pandemic. Paradoxically, the less control and certainty the state has over a risk that is perceived as existential, the more heavy-handed is its approach. Precisely because of the threatening environment in which it exists and because it is shut out of many international organizations, Taiwan was well prepared for the pandemic and its reaction was measured. By contrast, much of the rest of the democratic world was ill-prepared, which explains the heavy-handed measures taken by many of these countries, including Canada. The author of this document has worked independently and is solely responsible for the views presented here. -
Test Your Knowledge of the Legislative Assembly of Ontario! Discover What a Typical Day Is Like at Ontario's Parliament
Test your knowledge of the Legislative Assembly of Ontario! Discover what a typical day is like at Ontario's Parliament. Fill in the blanks using words from the word bank below. 8:55 a.m. It is 8:55 a.m. and everyone is rushing around in the Legislative Building to get ready for the meeting of the , also called the House, which is about to begin promptly at 9:00 a.m. The sessional bells are ringing throughout the Legislative Building to summon all the Members of Provincial Parliament, or , to the Legislative Chamber. The young Legislative look dapper in their traditional as they scurry about getting the ready for the business day. They take their posts on either side of the Speaker and by the Chamber doors. The Pages serve in the House for approximately two to four weeks during each session. They are grade students from across Ontario, who are here to learn about the legislative process and how works. When in the Chamber, they bring glasses of water and deliver . 9:00 a.m. Each meeting begins with the entry of the Speaker into the Chamber. The is approaching the entrance to the Legislative Assembly. The Sergeant-at-Arms, carrying the mace on her right shoulder, leads the Speaker, the of the House, the Clerks-at-the-Table and two Legislative Pages into the . " !" says the Senior Attendant as the enters the Chamber. Everyone is standing as the takes his place on the dais. The Clerk and the take their places at the big table in front of the Speaker, and he Pages proceed to their assigned posts. -
Legislative Priorities and Public Opinion: Representation of Partisan Agendas in the Canadian House of Commons* Erin Penner
Legislative Priorities and Public Opinion: Representation of Partisan Agendas in the Canadian House of Commons* Erin Penner, Kelly Blidook and Stuart Soroka McGill University 5390 Words, + 2 tables, 3 figures Prepared for submission to the Journal of European Public Policy Abstract: Oral questions are a central feature of the Canadian parliamentary system, and a valuable indication of legislators’ issue attentiveness. Here, we consider parties’ behavior in Question Period, with a particular interest in Opposition parties’ representation of the public’s (and publics’) issue priorities. We do so using a content analytic database of oral questions covering three Parliaments from 1988-1999. We begin with some descriptive analyses of the distribution of oral questions across issues and parties, and then explore what drives parties’ attention to issues. Combining the oral questions database with public opinion data, we examine the relationship between the issue priorities of both parties and partisans. In doing so, we examine two different foci of representation: a generalized national constituency, and each party’s partisan constituency. * This research was supported by the Social Science and Humanities Research Council of Canada (SSHRC) and the Fonds québécois de la recherche sur la société et la culture (FQRSC). The authors are grateful to the Canadian Opinion Research Archive (CORA) at Queen’s University and the Library of Parliament for providing some of the necessary data. Previous versions of this paper were presented at Annual Meeting of the Canadian Political Science Association, London, Ontario, June 2-4 2005, and at “New Directions in Comparative Public Policy: Policies and Institutions,” a conference held at the University of Aarhus, Denmark, July 1-2 2005. -
Calls of the Wild: Resignation Requests in the Canadian House of Commons 1957-2008∗
Calls of the Wild: Resignation Requests in the Canadian House of Commons 1957-2008∗ Matthew Kerby [email protected] Department of Political Science Memorial University of Newfoundland St. John’s, Newfoundland and Labrador Abstract This research focuses on a particular class of parliamentary question: the call for a minister’s resignation. First, attention is paid to providing an initial look at where calls for resignation are situated in time and space. The second objective of this research is to examine the real effect of a call for resignation. Do ministers actually resign when they are called to? The answer is “yes, ministers do resign when called to . sometimes.” However, a closer examination is required to establish the true cause and effect in this relationship. Data drawn from an original dataset which records every call for resignation in the Canadian House of Commons for the period 1957-2008 is used to provide a clearer picture of the nature and relevance of parliamentary questions not only in Canada but in other Westminster parliamentary democracies as well. If the essence of Parliament is Government accountability, then surely the essence of account- ability is the Question Period in the Canadian House of Commons (1985, p.51). Hon. James Jerome Speaker of the House of Commons, 1974-1980 1 Introduction Considerable attention has been directed to the subject of parliamentary questions in Western democracies. Parliamentary questions are visible, they are recorded, they are often linked to contentious political events and actors. Parliamentary questions lend themselves for analysis by single case or large n quantitative studies; they can be treated as dependent or independent variables. -
The 1992 Charlottetown Accord & Referendum
CANADA’S 1992 CHARLOTTETOWN CONSTITUTIONAL ACCORD: TESTING THE LIMITS OF ASYMMETRICAL FEDERALISM By Michael d. Behiels Department of History University of Ottawa Abstract.-Canada‘s 1992 Charlottetown Constitutional Accord represented a dramatic attempt to transform the Canadian federation which is based on formal symmetry, albeit with a limited recognition of some asymmetry, into an asymmetrical federal constitution recognizing Canada‘s three nations, French, British, and Aboriginal. Canadians were called up to embrace multinational federalism, one comprising both stateless and state-based nations exercising self-governance in a multilayered, highly asymmetrical federal system. This paper explores why a majority of Canadians, for a wide variety of very complex reasons, opted in the first-ever constitutional referendum in October 1992 to retain their existing federal system. This paper argues that the rejection of a formalized asymmetrical federation based on the theory of multinational federalism, while contributing to the severe political crisis that fueled the 1995 referendum on Quebec secession, marked the moment when Canadians finally became a fully sovereign people. Palacio de la Aljafería – Calle de los Diputados, s/n– 50004 ZARAGOZA Teléfono 976 28 97 15 - Fax 976 28 96 65 [email protected] INTRODUCTION The Charlottetown Consensus Report, rejected in a landmark constitutional referendum on 26 October 1992, entailed a profound clash between competing models of federalism: symmetrical versus asymmetrical, and bi-national versus multinational. (Cook, 1994, Appendix, 225-249) The Meech Lake Constitutional Accord, 1987-90, pitted two conceptions of a bi-national -- French-Canada and English Canada – federalism against one another. The established conception entailing a pan-Canadian French-English duality was challenged and overtaken by a territorial Quebec/Canada conception of duality. -
(Cpha) Question Period Monitoring Report
June 4 – June 10, 2016 Canadian Pharmacists Association (CPhA) Question Period Monitoring Report Contents Federal ........................................................................................................................................................ 1 Physician-Assisted Dying ..................................................................................................................... 1 Ontario ....................................................................................................................................................... 7 Electronic cigarettes ............................................................................................................................ 7 Smoke-Free Ontario Amendment Act, 2016 ....................................................................................... 7 Northwest Territories ............................................................................................................................... 33 Ministers Statement on Medical Assistance in Dying ....................................................................... 33 FEDERAL Physician-Assisted Dying June 6, 2016: Ms. Marjolaine Boutin-Sweet (Hochelaga, NDP): Mr. Speaker, Senate Liberal leader James Cowan has now joined the growing number of Canadians saying that Bill C-14 is likely unconstitutional. Cowan said that this government legislation is so flawed that Canadians would be better off with no legislation at all. This bill does not respect the Supreme Court's decision, and it will be -
Monday, September 28, 1998
CANADA VOLUME 135 S NUMBER 127 S 1st SESSION S 36th PARLIAMENT OFFICIAL REPORT (HANSARD) Monday, September 28, 1998 Speaker: The Honourable Gilbert Parent CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire'' at the following address: http://www.parl.gc.ca 8431 HOUSE OF COMMONS Monday, September 28, 1998 The House met at 11 a.m. how taxpayers feel on certain issues, for example, the credibility of political leaders in negotiating these types of deals. _______________ Even though it is taxpayer money that is used to find out what the taxpayers feel about particular situations, they are not being Prayers told. They are not being given the information. We have some _______________ serious problems with that. This is very reminiscent of what happened with Brian Mulroney in 1992 when the Tories refused to release the taxpayer-funded PRIVATE MEMBERS’ BUSINESS polls on Charlottetown. It begs the question of why this taxpayer money is being spent. Why are these polls being held back? Why D (1100 ) are we not being apprised of the situation? [English] It boils down to a few reasons. One of the things the government likes to say is that somehow this will taint federal-provincial CALGARY DECLARATION relations. That was decided in court by Judge Rothstein. I will get into the quotes in a minute. In that case there was a determination Mr. Rob Anders (Calgary West, Ref.) moved: that the government did not have a legitimate case to deprive the That a Humble Address be presented to His Excellency praying that he will cause public of these documents.