The Westminster Approach to Prorogation, Dissolution and Fixed Date Elections

This entry is part 5 of 9 in the series Vol 35 No 2 (Summer)

The Westminster Approach to Prorogation, Dissolution and Fixed Date Elections

The Queen has various reserve powers, or personal prerogatives, including prorogation, dissolution and summoning of parliament, and dismissing and appointing a prime minister. The use of these powers is pursuant to unwritten constitutional conventions and are, in theory, the same for all Commonwealth countries that have retained the Queen as head of state. Yet in practice they operate differently – far more democratically – in England, where the Queen is present, than in Canada, where a governor general has been appointed to represent the Queen and manage these powers on Her behalf. This paper examines the British approach, contrasts it with the Canadian, and shows how Canada could improve its democracy by adopting the British practices.

Continue reading “The Westminster Approach to Prorogation, Dissolution and Fixed Date Elections”

Re-examining the Estimates and Supply Process

This entry is part 6 of 9 in the series Vol 35 No 2 (Summer)

Re-examining the Estimates and Supply Process

In February 2012 the Standing Committee on Government Operations undertook a study on the state of Canada’s Estimates and Supply process. One of the first witnesses to be called before the Committee was the parliamentary Budget Officer. The following is his opening presentation. For the full transcript see the meeting of the Standing Committee on Government Operations and Estimates, February 29, 2012.

The time is right for substantive change. The context for change is both institutional and fiscal. From an institutional vantage point, I agree with Senator Murray who recently described the estimates and supply process as an “empty ritual”.

Continue reading “Re-examining the Estimates and Supply Process”

Bilingualism and Bijuralism at the Supreme Court of Canada

This entry is part 7 of 9 in the series Vol 35 No 2 (Summer)

Bilingualism and Bijuralism at the Supreme Court of Canada

Section 5 of the Supreme Court Act states “Any person may be appointed a judge who is or has been a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province.” Other than a legislated requirement for three judges to be members of the Québec Bar, there are no other qualifications. In June 2008, Bill C-559 was introduced by Yvon Godin, MP for Acadie-Bathurst. It required that candidates for the Supreme Court may be appointed only if he or she understands French and English without the assistance of an interpreter. Although the Bill did not become law, this article shows that bilingualism for the Court is a highly controversial topic. It also argues that a more important issue, bijuralism, was largely ignored in the recent debate. The author believes that Canada would be better off if the debate about bilingualism included a debate about bijuralism.

Ask most people in Canada about bilingualism, and chances are you will elicit an opinion, whether positive or negative. Ask people about bijuralism and chances are you will elicit a confused look. Bilingualism is covered in the media, debated regularly in Parliament and taught in schools. Few in Canada, outside the legal field, would even know Canada is a bijural country with nine common law provinces and one civil law province, Québec.

Continue reading “Bilingualism and Bijuralism at the Supreme Court of Canada”

50th Canadian Regional CPA Conference, Québec

This entry is part 8 of 9 in the series Vol 35 No 2 (Summer)

50th Canadian Regional CPA Conference, Québec

The Fiftieth Conference of the Canadian Region, Commonwealth Parliamentary Association takes place in Québec City July 15-21, 2012. This article traces the evolution of the Canadian Region with particular emphasis on previous conferences organized by the Québec Branch.

According to Ian Imrie, former Secretary-Treasurer of the Canadian Region, the rationale for a meeting of Canadian representatives within the Commonwealth Parliamentary Association was partly to help legislators develop an understanding of the parliamentary process. Also,

Continue reading “50th Canadian Regional CPA Conference, Québec”

Defining the Role of an Independent Member

This entry is part 1 of 10 in the series Vol 35 No 1 (Spring)

Defining the Role of an Independent Member

Independents are those elected members who are not recognized as having official party affiliation. They may have run under the independent label at election time, or have defected from a recognized political party during the life of a parliament, or belong to a political party that does not have at least four elected members. This article looks at the challenges of serving as an independent member in a system where the vast majority of people belong to political parties and the rules and conventions have been designed for parties.

Continue reading “Defining the Role of an Independent Member”

The Whip in the Westminster System

This entry is part 2 of 10 in the series Vol 35 No 1 (Spring)

The Whip in the Westminster System

In July 2010, twenty-six participants from fourteen Commonwealth Parliamentary Association Branches, participated in the Commonwealth Parliamentary Whips Network in Hunter Valley, New South Wales. The idea came from Australia and the workshop was developed in consultation with the Whips from the Australian Parliament. In this article one of the Canadian participants outlines the topics discussed and the recommendations of the workshop.

At the outset let me note that the role of whip is as diverse as the people and the countries in the Commonwealth. There are whips that do the job of both caucus chair and whips. Some of them also do the job as House leader or parts of the House leader job, and even some of the jobs that our leader would do is left up to the whip. When I refer to whips, I am referring to the general term of whip because the job description varies from legislature to legislature, from country to country. In our system in Saskatchewan our caucus chair attends cabinet meetings and I do not. But in Great Britain, they do not have a caucus chair and their whip fulfills both those roles. That individual attends cabinet meetings.

Continue reading “The Whip in the Westminster System”

Four Ideas to Improve the Estimates Process

This entry is part 3 of 10 in the series Vol 35 No 1 (Spring)

Four Ideas to Improve the Estimates Process

This article outlines four steps that could be taken to modernize the supply process. It also looks at the upcoming Strategic and Operating Review and the problems it presents to parliamentarians attempting to understand the government’s deficit fighting program.

The most important function of the House of Commons, and its members, is to review and approve the government’s requests for supply and the ways and means by which they will pay for it. That is the very reason the first British Parliaments were assembled hundreds of years ago. Our role as Members of Parliament is simple: before the Crown can tax Canadians and spend their money, they must listen to the concerns of the people and act on them in a satisfactory manner. Until the House is satisfied, we can withhold supply from the Crown.

Continue reading “Four Ideas to Improve the Estimates Process”

New Brunswick’s Legislative Assembly Donald Desserud; Stewart Hyson

This entry is part 4 of 10 in the series Vol 35 No 1 (Spring)

New Brunswick’s Legislative Assembly Donald Desserud; Stewart Hyson

New Brunswick entered Confederation in 1867 with the rudiments of the Westminster model of legislative democracy – representative and responsible government – already in place. These particular institutions were typical of those in other British colonies at the time, which were characterized by a relatively small electorate, a limited scope for governmental activity, and elitist decision-making practices. But while the parliamentary institutions and political culture in other former British colonies developed and matured over the course of the late 19th and early 20th centuries, New Brunswick seemed caught in a time trap. Until the 1960s which were characterised by sweeping changes in governance, social services, education and income redistribution, all under the visionary programme known as Equal Opportunity shepherded by Liberal Premier Louis Robichaud. Since then, a parade of premiers and party leaders have tried to put their own stamp on the province. When the Liberals were defeated in 2010, it marked the first time a New Brunswick Government had been defeated after just one term. This paper portrays legislative democracy in New Brunswick as it has evolved from its 18th-century origins into the early years of the 21st century.

Continue reading “New Brunswick’s Legislative Assembly Donald Desserud; Stewart Hyson”

Pre-Budget Consultations in British Columbia: The Participants’ Perspective

This entry is part 6 of 10 in the series Vol 35 No 1 (Spring)

Pre-Budget Consultations in British Columbia: The Participants’ Perspective

For more than a decade the British Columbia Select Standing Committee on Finance and Government Services has conducted pre-budget consultations to gather the opinions of groups and individuals on the content of the upcoming provincial budget. Committee members travel to various communities across the province to hear witnesses during public hearings, and to receive submissions (written or video), responses to a survey (sent to every household in the province and available online), as well as letters and emails. At the end of the process, the Committee presents its recommendations to the Legislative Assembly. This article looks at lessons to be drawn from these consultations. It is based upon a survey of some 253 individuals who appeared before the Committee between September 15 and October 15, 2010.

Continue reading “Pre-Budget Consultations in British Columbia: The Participants’ Perspective”

Representation in the House of Commons: A Long Term Proposal

This entry is part 7 of 10 in the series Vol 35 No 1 (Spring)

Representation in the House of Commons: A Long Term Proposal

On December 16, 2011 Bill C-20 An Act to amend the Constitution Act, 1867, the Electoral Boundaries Readjustment Act and the Canada Elections Act received Royal Assent (now Chapter 26 of the Statutes of Canada, 2011). It increased the number of seats in the House of Commons from 308 to 338 by giving extra seats to Ontario, British Columbia, Alberta and Quebec. While representation in the House of Commons is now settled for at least a decade the issue of representation by population will arise again as mandated in section 52 of the Constitution Act, 1867 and protected in section 42 of the Constitution Act, 1982. This article makes a number of suggestions for the next time rep by pop is debated in Canada. Among other things it calls for improved provisions for the smaller provinces, a new mechanism for adjusting the Electoral Quotient and future constitutional negotiations to deal with problems that have developed over the years.

Section 51 of the Constitution Act 1867 provides that the number of members of the House of Commons and the representation of the provinces therein shall be readjusted on the completion of each decennial census, according to a number of rules. Rule 1 calculates the initial seat allocation for all the provinces strictly according to representation by population. Rule 2 adds seats to the provincial numbers based on two minimums: the “Senate Floor” (no less than the number of senators) and the “Grandfather Clause” (no less than the 1976 numbers). Rules 3 and 4 add seats to any province that was previously overrepresented such that it will not become underrepresented. Rule 5 provides that more accurate provincial population estimates are to be used in the calculation rather than the actual census figures. And rule 6 sets out an electoral quotient (constituency size) for rule 1 and provides for a specific method of recalculation every ten years.

Continue reading “Representation in the House of Commons: A Long Term Proposal”