CPA Activities

Article 7 / 10 , 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.

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Parliamentary Bookshelf: Reviews

Article 9 / 10 , Vol 41 No. 1 (Spring)

Parliamentary Bookshelf: Reviews

The Senate and the People of Canada – A Counterintuitive Approach to Reform of the Senate of Canada, James T. McHugh, Lexington Books, Lanham, Maryland, 2017, 296 p.

James McHugh’s addition to the parliamentary bookshelf is extremely ambitious in scope. It undertakes to provide a comprehensive survey and assessment of historical, philosophical, methodological, constitutional, institutional and political considerations relevant to Senate reform – and that’s just in Part I. In Part II, McHugh proposes a Senate closely modelled on the British House of Lords. He provides draft constitutional amendments that would accomplish this along with detailed supportive argument. Part III examines non-constitutional options and recent history, including the Trudeau reforms of 2016, and concludes by calling for reform that would enable Canada’s appointed upper House to achieve its full potential.

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New and Notables Titles

Article 10 / 10 , Vol 41 No. 1 (Spring)

New and Notables Titles

A selection of recent publications relating to parliamentary studies prepared with the assistance of the Library of Parliament (November 2017-February 2018)

“Cracking the whips – Parliament’s whips have lost their edge, just as their role becomes vital.” Economist 425 (9066), November 9, 2017, pp. 40-1.

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Remembering our founding editor: A tribute to Gary Levy

Article 6 / 10 , 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.

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Know Your Mace: Prince Edward Island

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

Know Your Mace: Prince Edward Island

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.

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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.

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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

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Fusion of Powers? Building Connections Between the Public Service and the Legislative Branch

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

Fusion of Powers? Building Connections Between the Public Service and the Legislative Branch

As a former legislative intern, the author has had the opportunity to employ the knowledge of the legislative process he gained through his internship to great effect in his current role as a policy analyst with the federal public service. In this article he suggests this type of experience, if more widely available to public servants, could reinforce a sense of appreciation for the principle of parliamentary review, provide insight into how the legislative process can impact policy development, and allow them to develop their political acuity.

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It Takes Two to Tango—Exempt Staff and the Lobbying Act

Article 5 / 12 , Vol 40 No 4 (Winter)

It Takes Two to Tango—Exempt Staff and the Lobbying Act

Canada’s federal Lobbying Act is focussed on the lobbyist rather than the lobbied. However, the lobbied can play an important role in contributing to a culture of compliance. Given lobbying rules focus on the lobbyists, the lobbied do not have a strong incentive to learn about lobbying regulations. Furthermore, training from the Commissioner of Lobbying’s office is not mandatory. Thus, it is expected that a knowledge gap on the Lobbying Act exists. A survey sent to ministerial Chiefs of Staff revealed such a knowledge gap – although factors like experience as a lobbyist have a positive correlation to knowledge of lobbying regulations. This gap is concerning and speaks to challenges with training in the unique context of the Hill.

Contrary to its negative public perception, lobbying is a legitimate and regulated channel through which organizations and individuals influence policy in a Parliamentary democracy. It requires two parties: the lobbyist who is asking for something and the public office holder who is being asked. Parliament created lobbying regulations which focus almost exclusively on the former. Although the public office holder being lobbied is an integral party to the act of lobbying, there is very little research on the participation of the lobbied in the Canadian federal context. A study of one such category of public office holders, chiefs of staff in Ministers’ offices, demonstrates some of the challenges with regulating lobbying in a Parliamentary democracy and areas where further research is essential.

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