Commonwealth Parliamentarians With Disabilities Conference

Article 2 / 11 , Vol 41 No. 1 (Spring)

Commonwealth Parliamentarians With Disabilities Conference

A founding organizational conference for a proposed Commonwealth Parliamentarians with Disabilities was held in Halifax from August 30 to September 2, 2017. Following this successful gathering of 24 delegates, a proposal to establish this group under the Commonwealth Parliamentary Association was accepted by the CPA’s executive committee for further review and discussion at the association’s upcoming meeting in Mauritius.

For a democracy to adequately represent and serve its people, it stands to reason that the elected officials within that democracy would need to be as diverse in background as the people they serve. When done correctly, this allows for the wide range of experiences and expertise found within a community to have a place at the table where policy is made, leading to the development of policy that better reflects the needs of the community. Through my experiences as a person with a disability, both as a private citizen and as an elected official, I have witnessed firsthand how a diverse government can have a significant impact not only on what policy is put forward, but on the procedures and practises of government itself, leading it to become more inclusive.

Democratic Reform on the Menu in Newfoundland and Labrador

Article 3 / 11 , Vol 41 No. 1 (Spring)

Democratic Reform on the Menu in Newfoundland and Labrador

What should democratic reform look like in the province of Newfoundland and Labrador? In advance of the provincial government’s plan to strike an all-party committee to study this question, two Memorial University professors used a public engagement grant to create a first-of-its kind, independent grassroots initiative in hopes of supporting this committee’s work. The Democracy Cookbook explores many options for better democratic governance in a way that is accessible to the public and in a manner that promotes greater public awareness of the committee’s mandate. In this article, the authors inform readers about how this initiative was designed, why it may be an effective model for other small jurisdictions, and some of what people will find in the open-source publication that resulted.

Conversations about democratic reform are stirring in Newfoundland and Labrador. In 2015, the provincial Liberal Party’s election platform made the following commitment:

Canadian Universities: Emerging Hubs for International Parliamentary Research and Training

Article 4 / 11 , Vol 41 No. 1 (Spring)

Canadian Universities: Emerging Hubs for International Parliamentary Research and Training

Canadian universities have recently emerged as important centres in applied parliamentary research and training, joining universities in Australia, the United Kingdom and elsewhere. This article reviews the growth of these research and training programs at three institutions – McGill University, Université Laval and the University of Ottawa – over the past five years. It also points to possible future areas of work, which will allow parliaments elsewhere to learn from Canada’s experience, and vice versa.

Parliamentary Privilege? Kinship in Canada’s Parliament

Article 5 / 11 , Vol 41 No. 1 (Spring)

Parliamentary Privilege? Kinship in Canada’s Parliament

In the Canadian parliamentary context, there are numerous contemporary and historical examples of dynastic politicians, but there has been curiously little academic study of this phenomenon. Many questions pertaining to kinship in parliaments remain unanswered. What is the rate of kinship in the Canadian parliament? What has been the rate of change in political kinship over time and can this change be explained? What advantages may dynastic politicians possess and what constraints do they face? This article measures the prevalence of kinship within the lower house in Canada’s federal parliament and presents data on kinship since Canada’s first parliament. After looking at economic and electoral data, it argues that change to make the electoral system more open and socially inclusive offers an explanation for the observable drop in rates of kinship over time. Finally, the paper will conclude with suggested courses for future research.

Rates of Kinship since Canada’s First Parliament

CSPG Seminar: Regulating Lobbying in Canada

Article 7 / 11 , Vol 41 No. 1 (Spring)

CSPG Seminar: Regulating Lobbying in Canada

Lobbying is a legitimate activity within a democratic society. But lobbyists, like politicians, are quite aware that their profession is not always held in high regard by the general population. As one consultant lobbyist joked during her presentation at a recent seminar of the Canadian Study of Parliament Group, “I am the root of all evil.” A recent Canadian Study of Parliament Group seminar explored attitudes toward lobbying in Canada, explained how lobbying legislation and regulations have influenced its development since the 1980s, and asked whether the current system is effective. A final panel of lobbyists discussed how their job is often misunderstood and why their much-maligned reputation is based on outdated notions of influence-peddling and the unethical actions of a few practitioners.

Regulation of Lobbying in Canada

CPA Activities

Article 8 / 11 , Vol 41 No. 1 (Spring)

CPA Activities

New Saskatchewan Speaker

On March 12, Saskatchewan Party MLA Mark Docherty was elected Speaker of the Saskatchewan Legislative Assembly. Speaker Docherty replaces Corey Tochor who resigned in January to seek the federal Conservative Party’s nomination in the Saskatoon-University riding.

Seven MLAs (including Glen HartDelbert KirschWarren MichelsonEric Olauson and Colleen Young of the Saskatchewan Party, and Danielle Chartier of the NDP) sought the Speaker’s role. Docherty, who represents Regina Coronation Park, won on the fifth ballot.

Remembering our founding editor: A tribute to Gary Levy

Article 6 / 11 , Vol 41 No. 1 (Spring)

Remembering our founding editor: A tribute to Gary Levy

The Canadian Parliamentary Review is very sad to report the passing of its founding editor, Gary Levy, 71, after a brief battle with cancer. Born in Saskatoon, he was an avid football player in his youth. He excelled in school and eventually completed degrees at the University of Saskatchewan and Carleton University, before earning a Ph.D. in Political Science at Université Laval. Before settling into his career with the Government of Canada, Levy spent an exciting year in Paris that coincided with the student riots in 1968 (where he learned the sting of a French gendarme baton). Returning to Canada, he started work at the newly created Research Branch of the Parliamentary Library in Ottawa. Soon, he took on the editorship of the Canadian Parliamentary Review, which he grew from a simple newsletter into a leading Canadian journal on parliamentary practice. Transitioning from a civil servant to a contractor permitted Levy the freedom to explore many other interests, including: being a clerk to Senate of Canada committees, organizing seminars, accepting various university teaching assignments, and studying desktop publishing in New York (where he later returned for a year as the resident Canadian Fellow at the Americas Society). In his retirement, Levy was an avid cross-country skier and cyclist who loved exploring the Gatineau Park. He even found time to contribute pieces to the Canadian Parliamentary Review, including a book review published in our previous issue. The editorial board of the Canadian Parliamentary Review is deeply grateful to Gary Levy for his decades of work with the journal and for the opportunity many of us had to work with him and to get to know him personally. In this tribute, Gary William O’Brien, a former Clerk of the Senate, Clerk of the Parliaments, and editorial board member of the CPR, reflects on his friend’s career and legacy.

I first met Gary in the late 1970s when he worked under Philip Laundy in the Research Branch of the Library of Parliament and I was with the House of Commons Journals. I immediately recognized him as someone who truly understood the workways of parliament. If we could compare him to others in our parliamentary history, who not only had an insider’s view but also increased our understanding through their writings, Arthur Beauchesne would come to mind. In fact, Gary was much attracted to Beauchesne (Beauchesne was a former Clerk of the Canadian House of Commons and author of the eponymous procedural manual) and wrote a four part mini-biography of him in the Canadian Parliamentary Review in 1985-86. Gary described Beauchesne as “an outstanding student,” “a prolific writer on parliamentary topics,” “a sought after public speaker,” who “participated in the great political debates of his time” and who “from the beginning saw parliament from the perspective of a presiding officer.” Many of these same attribues could be applied to Gary himself. If there is a difference, it was that Gary was more a scholar than a journalist. Perhaps a more appropriate comparison would be Alpheus Todd (a pre-and-post Confederation librarian, author and constitutional historian) or Sir John George Bourinot (the first Clerk of the Canadian House of Commons and author of an important early Canadian work on parliamentary procedure). Regardless, Gary’s place is among the giant intellectuals of Canadian parliamentary history.

Know Your Mace: Charlottetown

Article 1 / 12 , Vol 40 No 4 (Winter)

Know Your Mace: Charlottetown

On September 10, 1964, in Charlottetown, those in attendants at the Canadian Area Conference of the Commonwealth Parliamentary Association unanimously resolved to mark the occasion of the 100th anniversary of the meeting of the Fathers of Confederation by presenting, on behalf of the provincial and federal branches of the CPA, a Mace to the Legislative Assembly of Prince Edward Island. To that end, a committee composed of the Speakers of the Senate, House of Commons, Ontario and Quebec was appointed to make arrangements for the design and presentation of a suitable Mace.

The Declining Role of Lawyers in Elected Office

Article 2 / 12 , Vol 40 No 4 (Winter)

The Declining Role of Lawyers in Elected Office

Fewer lawyers are being elected to Nova Scotia’s Legislative Assembly in recent years. In this article, the author traces the decline over the past decades, provides some hypotheses as to why this trend has occurred, and analyzes what the relative absence of lawyers in a representative legislative body may mean. He cites the 1970s as a turning point for the decline of MLA-lawyers and suspects the shift from part-time work to full-time duties as an MLA, the relatively low salary compared to professional fees, and the poor post-politics job prospects, contributed to making the role less of a draw for practicing lawyers. The author also highlights skills lawyers may bring to the role of an MLA in terms of writing legislation and helping constituents with casework. He concludes by examining the Attorney General and Minister of Justice roles and the potential legal/constitutional questions that may arise if and when this cabinet position and the deputy minister position are occupied by non-lawyers.

There is a common perception that lawyers dominate our elected assemblies. It was true at one time, but it is not true today.

The Applicability of the Salisbury Doctrine to Canada’s Bi-Cameral Parliament

Article 3 / 12 , Vol 40 No 4 (Winter)

The Applicability of the Salisbury Doctrine to Canada’s Bi-Cameral Parliament

The presence of a large number of non-partisan Senators, the work of the Special Senate Committee on Senate Modernization, and the growth of a more activist Senate has focused much attention on the Salisbury Doctrine. This convention of the United Kingdom’s Parliament holds that the appointed House of Lords should not reject a government bill passed by the elected House of Commons if the content of the bill was part of the government’s electoral campaign platform. In this article, the author outlines the Salisbury Doctrine, examines political consideration which may have influenced its development and use, and reviews whether it may be applicable in Canada’s bi-cameral Parliament. He contends Canada’s Senate should not be beholden to the Salisbury Doctrine. The author concludes that while the Senate should show deference to the elected Commons when necessary, it should not accept any agreement, legal or political, that hampers its ability to outright reject any bill it deems outside the apparent and discernable popular will. However, he suggests the Senate should exercise this power with restraint.

The recently more activist Senate has given rise to the consideration of the applicability of the Salisbury Doctrine, a convention of the United Kingdom’s Parliament, to Canada’s bi-cameral Parliament. At its core, the modern interpretation of the Salisbury Doctrine is that the appointed House of Lords should not reject a government bill passed by the elected House of Commons if the content of the bill was part of the government’s electoral campaign platform.1