A Consideration of Cabinet Size

This entry is part 5 of 10 in the series 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.

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Cinderella at the Ball: Legislative Intent in Canadian Courts

This entry is part 4 of 11 in the series 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.

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Unpacking Gender’s Role in Political Representation in Canada

This entry is part 5 of 11 in the series 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?

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For the record… On being a woman involved in parliamentary politics

This entry is part 7 of 11 in the series Vol 38 No 2 (Summer)

For the record… On being a woman involved in parliamentary politics

If a male member of Parliament says anything foolish it is forgotten the next day, but if a woman does it, it is repeated endlessly, right across the country

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

This entry is part 2 of 12 in the series 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.

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Constituency Office Security: A Best Practices Guide for Parliamentarians

This entry is part 4 of 12 in the series Vol 38 No 1 (Spring)

Constituency Office Security: A Best Practices Guide for Parliamentarians

In this article, the author discusses the particular security challenges encountered when establishing and managing a constituency office. Drawing on the Legislative Assembly of Ontario’s Investigative/Liaison Unit’s best practices, he outlines steps constituency office staff can take proactively to secure their work places from potential disruptions.

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Harper’s New Rules Revisited: A Reply to Knopff and Snow

This entry is part 5 of 12 in the series Vol 38 No 1 (Spring)

Harper’s New Rules Revisited: A Reply to Knopff and Snow

This article offers a response to arguments put forward by Rainer Knopff and Dave Snow in the Canadian Parliamentary Review about the 2008 prorogation controversy. In “‘Harper’s New Rules’ for Government Formation: Fact or Fiction?” (Vol. 36, No. 1), Knopff and Snow dismiss the theory that the Conservative government and its well-known supporters in the punditry believed that changes in partisan control of parliamentary government could only occur following fresh elections, thereby establishing “new rules”. Instead, they suggest the arguments of government supporters at the time, most notably those of political scientist Tom Flanagan, fit within the mainstream of Canada’s parliamentary tradition and engaged with an “older consensus” articulated by constitutional expert Eugene Forsey in The Royal Power of Dissolution. In his response to this piece, the author is critical of Flanagan’s engagement with Forsey’s book-length argument and suggests Forsey’s conditions for dissolving parliament and holding a new election were not met in the face of the proposed coalition government in 2008.

What constitutional sense can we make of the prorogation controversy of December 2008? Prime Minister Harper claimed that the proposed Liberal-NDP coalition could not take power without a fresh election. Anything short of a vote flouted democratic principles. Conservative talking points alleged this amounted to a ‘coup d’état.’ Opinion writers Tom Flanagan1 and Michael Bliss2 jumped into the fray, Flanagan alleging that the coalition’s “apologists didn’t pay attention in Political Science 101” and instead promoted a “head-spinning violation of democratic norms.”3 The opposition’s conceit, maintained Bliss, was that “they can legally succeed in what millions of Canadians see as the overturning of the outcome of the democratic election, and do it without giving Canadians the ultimate say in the matter.”4 Could not governments change hands without fresh elections? Though coalition governments at the federal level have mostly been the exception, one would think that this was entirely consistent with Canadian parliamentary traditions.

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Changing House: The Law Affecting A Move Between Elected Offices

This entry is part 6 of 12 in the series Vol 38 No 1 (Spring)

Changing House: The Law Affecting A Move Between Elected Offices

This paper identifies, by jurisdiction, statutory provisions that affect holders of elected office intending to stand as candidates for another legislative (or local) office. It is hoped this compact account of dual-office law will be of particular use to those interested in moving into or out of provincial politics.

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