Category: Feature

The Oldest Parliamentary Rules in Quebec and Canada

Article 7 / 13 , Vol 38 No.4 (Winter)

The Oldest Parliamentary Rules in Quebec and Canada

This article presents a brief history of the oldest written rules of the first “Canadian provinces” and introduces two unpublished manuscripts on the Rules of Quebec and Lower Canada.

From the fourteenth century until the early nineteenth century, parliamentary procedure in the House of Commons was more a matter of custom and practice rather than explicit written rules.2 It was not until 1810 that the Commons officially codified some of its procedures as Standing Orders.3

Continue reading “The Oldest Parliamentary Rules in Quebec and Canada”

Courting Controversy: The House of Commons’ Ad Hoc Process to Review Supreme Court Candidates

Article 8 / 13 , Vol 38 No.4 (Winter)

Courting Controversy: The House of Commons’ Ad Hoc Process to Review Supreme Court Candidates

In 2006, Canadians were introduced to a new ad hoc parliamentary process to review Supreme Court candidates prior to their appointment. This article explores how the English-language news media framed this appointment and review process. The authors note the media emphasized conflict surrounding the process over its scrutiny of the candidates themselves and conclude that it remains an open question whether the process of parliamentary vetting actually provided a meaningful educative function for Canadians.

Continue reading “Courting Controversy: The House of Commons’ Ad Hoc Process to Review Supreme Court Candidates”

Community Outreach: Bringing Parliament to Life

Article 2 / 10 , Vol 38 No 3 (Autumn)

Community Outreach: Bringing Parliament to Life

The Community Outreach program offered by the Parliamentary Protocol and Public Relations Branch of the Legislative Assembly of Ontario brings the experience of Queen’s Park to communities and schools in a way that transcends financial and distance barriers. Participants get a hands-on experience learning about how Ontario’s parliament works, the responsibilities of the three levels of government, and civic engagement.

Learning the responsibilities of government and how the electoral and legislative process works is something every Ontarian should be familiar with. Unfortunately, travel costs preclude every resident from travelling to their federal, provincial and territorial assemblies to get a first-hand look at legislatures in action. To bridge this distance, the Legislative Assembly of Ontario has created the Community Outreach Program. Groups of children, young adults and ESL (English as a second language) learners have all gained an opportunity to learn the basics of parliamentary processes through this service. Shaped around the participating group’s existing knowledge, the program aims to fill the gaps of what they don’t know in an informative and entertaining way.

Continue reading “Community Outreach: Bringing Parliament to Life”

Senate Reform: An Incremental Option

Article 4 / 10 , Vol 38 No 3 (Autumn)

Senate Reform: An Incremental Option

Although constitutional barriers to major Senate reform make the task appear daunting, significant change can be achieved through deliberate evolution which is shaped by consistent objectives. In this article the author identifies an incoherence about the defining purpose of the Senate as a central reason for the failure of past reform initiatives. Outlining the incremental reform option, he suggests practical steps, notably introducing a “job description” and particular qualifications required of Senate appointees. This could improve both appointments and accountability, and also support future nomination committees or other mechanisms.

Canada is once again experiencing a cycle of media attention to alleged Senate scandals and opinion polls showing wide support for change. Unless public emotion about the Senate can be connected to practical solutions and action, however, history suggests that today’s intensity will merely be the prelude to tomorrow’s fatigue and collective indifference. This article explores an approach to reform that does not rely upon constitutional change and could thus be initiated immediately. The Senate today is a very different institution from the Upper House created in 1867 and will continue to evolve, either by default or as a result of deliberate effort. If its evolution is shaped by consistent objectives, significant reform of the Senate can be accomplished incrementally.

Continue reading “Senate Reform: An Incremental Option”

A Consideration of Cabinet Size

Article 5 / 10 , Vol 38 No 3 (Autumn)

A Consideration of Cabinet Size

Cabinet size has fluctuated in Canadian legislatures over the past century. Beginning in 1993, two federal governments introduced “roll back” cabinets which sought to significantly reduce the number of ministers. The author, focusing especially on the years 1993 to 2014, asks if Canadian governments have a “cabinet size problem.” He notes that since 1993 two trends have emerged: 1) cabinets are more likely to expand during government and more likely to consolidate between governments and 2) cabinet size is more likely to increase during government under centre-left parties than centre or centre-right parties. Although arguments for a reduction of cabinet size tend to focus on financial costs, the author highlights the political cost of having a large cabinet relative to the size of the legislature, as there are fewer private members to keep the government accountable.

Following a January 2014 cabinet shuffle, Prime Minister Stephen Harper’s 40-member federal ministry tied Brian Mulroney’s 1984 cabinet as the largest in Canadian history.1 Compared to other Westminster systems, Canadian cabinets have been noted for their large membership.2 Does Canada have a cabinet size problem? As Graham White wrote in 1990, “foreign visitors to Canada are frequently bewildered by the size of Canadian cabinets”.3 Beyond the institutional differences identified by political scientists between Westminster states, the size of the ministries in Canadian federal and provincial governments is subject to domestic scrutiny after each cabinet shuffle. On occasions of cabinet expansion, critics express austerity-themed worries of the cost of government and populist-based concerns of “too many politicians”. On occasions of cabinet reduction, first ministers are praised for “streamlining government” or “doing more with less”. Not surprisingly, Canadian politicians have been quick to pursue the positive responses to cabinet reduction, promising to appoint fewer ministers to cabinet.

Continue reading “A Consideration of Cabinet Size”

Cinderella at the Ball: Legislative Intent in Canadian Courts

Article 4 / 11 , Vol 38 No 2 (Summer)

Cinderella at the Ball: Legislative Intent in Canadian Courts

This article explores a very specific kind of legal research – finding the intent of a legislature or parliament. Following a review of the history of legislative intent in Canadian courts, the exclusionary rule and an important Canadian case, Rizzo & Rizzo Shoes Ltd, the authors explore what developments in this area of law, statutory interpretation and, legislative intent research, might mean for parliamentary and legislative libraries in Canada. Based on research for their forthcoming Irwin Law book Researching Legislative Intent: A Practical Guide, this revised article was first presented to the Association of Parliamentary Libraries in Canada/ L’Association des bibliothèques parlementaires au Canada (APLIC/ABPAC) on July 4, 2013, in Ottawa, Ontario.

American statutory interpretation guru William Eskridge once referred to statutory interpretration as “the Cinderella of legal scholarship. Once scorned and neglected, confined to the kitchen, it now dances in the ballroom.”1 Cited in a 1999 article by Stephen Ross, an American law professor who encourages Canadian legal scholars to devote more time to teaching statutory interpretation,2 this quote perfectly captures the explosion of statutory interpretation scholarship that Ross sees happening in Canada. A fascinating area of legal research – which includes legislative intent – statutory interpretation also has a very important and practical use in courts. When the outcome of a case hinges on the meaning of a few words in a statute, interpreting the meaning of those few words will affect someone’s life and rights, one way or another.

Continue reading “Cinderella at the Ball: Legislative Intent in Canadian Courts”

Unpacking Gender’s Role in Political Representation in Canada

Article 5 / 11 , Vol 38 No 2 (Summer)

Unpacking Gender’s Role in Political Representation in Canada

The story of women’s political representation in Canada has generally been told as one of progress. While substantial progress has been made, particularly in recent years, there have also been periods of stagnation. In this article, the author interrogates a theory of demand and supply with respect to candidate recruitment strategies. She writes that the undersupply of women candidates does not have to do with voter preferences, but rather partisan selection processes, media-influenced gender norms, and the kinds of issues which dominate political discourse. She concludes that a demand and supply model of political recruitment provides a useful framework for understanding variation in women’s political underrepresentation in Canada.

In recent years much of the research into women’s political representation has focussed on the tremendous growth in the number of countries, now standing at over one hundred, that have adopted gender quotas as a means of increasing the number of women in legislatures around the world.1 But in the absence of such quotas, how well do women do politically? To what extent, for instance, does women’s political representation vary in Canada, where there are no formal legislative requirements for ensuring minimal numbers of women candidates on the ballot? And what are the primary forces shaping when and whether women are recruited into politics in Canada, given the absence of any such formal requirements?

Continue reading “Unpacking Gender’s Role in Political Representation in Canada”

Celebrating BC’s First 100 Women Members of the Legislative Assembly

Article 2 / 12 , Vol 38 No 1 (Spring)

Celebrating BC’s First 100 Women Members of the Legislative Assembly

Approaching the 100th anniversary of the election of BC’s first woman Member of the Legislative Assembly in 2018, the author reflects on some of the achievements of the first 100 women MLAs elected in the province. She notes that these women have often proven to be excellent role models for young people aspiring to a career in politics and public service.

Continue reading “Celebrating BC’s First 100 Women Members of the Legislative Assembly”

Top