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Electoral Reform (Senate, Commons, & Gov Gen)

What do you want to see?


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Prof Michael Bliss, a noted Canadian historian, makes the case for abolition of the Senate in this opinion piece which is reproduced under the Fair Dealing provisions of the Copyright Act from the Globe and Mail:

http://www.theglobeandmail.com/commentary/remove-our-diseased-senate-from-the-body-politic/article13814949/#dashboard/alerts
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Remove our diseased Senate from the body politic

MICHAEL BLISS
Special to The Globe and Mail

Published Saturday, Aug. 17 2013

We surely have a consensus: The Canadian Senate cannot continue as it is, an affront to principles of democratic, accountable government.

But there is no possibility of effectively reforming the Senate. So the only solution is abolition. The way to make abolition feasible is to seek the advice of Canadians in a national referendum.

Neither minor nor major changes to the Senate will work. Obvious reforms, such as public audits of senators’ expenses, will give us long overdue transparency, but will still leave us with an appointed upper house of our Parliament that is utterly lacking in democratic legitimacy. Think about the next few years: Where will new senators come from? Will any Canadians of real capacity and civic spirit accept appointment to the Red Chamber, with or without new financial controls? The only Canadians who would accept a senatorship are exactly the kind of people we don’t want appointed.

Why not develop a better appointment process? If we could agree on one – not likely – we would still not get consistently good senators. Being drawn from the general public, senators could never command the legitimacy that appointed judges maintain by virtue of their professional legal backgrounds. First-rank former politicians already shun Senate appointments to work in the private sector. Two of the highest-achieving citizens recently appointed to the Senate – to general approval at the time – were, arguably, Pamela Wallin and Mike Duffy. They were thought to be pretty high-quality appointments.

An elected Senate is not in the cards because of the certainty of provincial deadlock about representation. That flag has been run up the mast and gone unsaluted. It also begs the larger question of why we need any kind of upper house at all. Canada has worked for 146 years with a Senate that has been little more than a standing scandal. The provinces are fully empowered to speak for themselves constitutionally; consultants can be hired to review draft legislation soberly at a tiny fraction of the Senate’s current cost. It is an appendix to the Canadian body politic that serves no purpose, is chronically diseased and can be removed without loss.

So how do we do a senatectomy at a time when many experts claim that Canadian constitutional surgery is impossible? To start with, instead of despairing, we learn from the mistakes of the Meech Lake/Charlottetown fiasco, and this time, we get it right.

The key is to consult the Canadian people at the beginning of the process rather than the end. The government of Canada should hold a national referendum on abolition of the Senate. It could coincide with the 2015 election. Depending on the Supreme Court’s views on provincial input into legislating Senate reform, the referendum would require an affirmative vote from either (a) a majority of Canadians; or (b) majorities in each of seven provinces totalling 50 per cent of the population; or (c) majorities in every province.

If the referendum produces a mandate to abolish the Senate, as I think it would, the government of Canada can formulate the necessary constitutional amendment and challenge provincial politicians to accept the will of the people. They would reject it at their peril. Would the government of the 140,000 Prince Edward Islanders oppose the wishes of many millions of Canadians to save four senatorships?

If a referendum to abolish the Senate fails, nothing much would be lost. Success would be a major achievement, and would lead to a truly important change for the better in Canadian parliamentary democracy.

A great Conservative leader, and a good managerial prime minister, Stephen Harper nonetheless has yet to leave a dramatic mark on Canadian history. Much worse, his fumbling of the Senate file, on which he should have been expert, and his inattention to the need truly to raise the bar of Canadian democracy now seriously imperil his government and his reputation.

To bring about a significant improvement in the governance of Canada by excising an out-of-date, useless, wasteful and undemocratic part of our system would be no mean legacy. Given the gangrenous nature of the current Senate scandals, it may also be the only way to save Mr. Harper’s government from continuing shame and ignominy.

Historian and author Michael Bliss holds the rank of university professor emeritus at the University of Toronto.


I agree, fully, with Prof Bliss that: "The Canadian Senate cannot continue as it is, an affront to principles of democratic, accountable government."

I disagree that: "An elected Senate is not in the cards because of the certainty of provincial deadlock about representation," because, as Prof Bliss, himself, says just a few lines later, "the government of Canada can formulate the necessary constitutional amendment and challenge provincial politicians to accept the will of the people. They would reject it at their peril." That applies, equally, to reform as it does to abolition.

The Senate can be reformed, but it will involve bullying some provinces. Abolishing the Senate will also involve bullying provinces, but maybe not the same ones.


Edit: typo
 
E.R. Campbell said:
We could have a Canadian constitutional monarchy - we could, even, change the title from king/queen to something more appropriate.

Like "High Muckamuck"?  ;D

http://www.thefreedictionary.com/high%20muckamuck

Edit to add:

Maybe "Hyas Tyee" would be more appropriate...
 
Here, reproduced under the Fair Dealing provisions of the Copyright Act from the Hill Times is some interesting speculation on Prime Minister Harper's strategy:

http://www.hilltimes.com/news/news/2013/09/02/harper-to-turn-senate-reforms-into-wedge-issue/35789?page_requested=1
hill_times_logo_460px.gif

Harper to turn Senate reforms into wedge issue
‘The strategy from what I can see is to let the thing fester,’ says a Tory source.

By LAURA RYCKEWAERT

Published: Monday, 09/02/2013

Prime Minister Stephen Harper is doing his best to separate himself from the Senate expense scandal, but he’s letting the controversy “fester” before stepping in and turning it into a wedge issue with a clear decision for Canadians—abolition or reform, says a senior Conservative.

“Where people need to keep their eyes fastened is the Prime Minister. The Prime Minister is a long-term thinker, so go back to the beginning, what did he say about the Senate? And that’s where he’s going,” said the Conservative, who spoke to The Hill Times on the condition of anonymity.
“The strategy from what I can see is to let the thing fester.”

The senior Conservative said Prime Minister Harper (Calgary Southwest, Alta.) has already “started the ball rolling” by removing former Government Senate Leader Marjory LeBreton from Cabinet and having her say if the Senate cannot be reformed it should be abolished. “He’ll say, ‘We’ve seen all this happen, it’s very bad, we need to reform the Senate, we should do this or we should get rid of it.’ His political strategy is to give people two clear, opposite choices—drive the wedge right down the middle,” the Conservative said.

The Senate expense scandal, which has centered around now Independent Senators Mike Duffy, Pamela Wallin and Patrick Brazeau’s expense claims as well as those of now former Senator Mac Harb, has been a dark cloud hanging over the Upper Chamber since news stories broke in the fall of 2012. Mr. Harb, a former Liberal Senator, announced his resignation from the Senate on Aug. 26, and also announced that he had dropped his challenge of the Senate Internal Economy, Budgets and Administration Committee’s order that he repay a total of $231,649.07 in ineligible expense claims and has repaid the money. P.E.I. Sen. Duffy, Saskatchewan Sen. Wallin and Quebec Sen. Brazeau are all former Conservative Senators.

Over the past year the expense scandal has barely cooled and has continued to unfold with new developments. The Deloitte audit on Sen. Wallin’s expense claims, the last of a series of four, only came out on Aug. 12, and RCMP investigations into the expense claims of all four Senators are also currently underway. The Senators are being investigated for a potential breach of trust, and Sen. Duffy also faces an RCMP investigation related to an approximately $90,000 personal cheque he accepted from former PMO chief of staff Nigel Wright in order to pay back Parliament.

The senior Conservative source said that when Parliament returns in the fall, the government will say that the issue is non-partisan to get support. “You’ve got [former Liberal] Senator [Raymond] Lavigne, who’s in jail, and you’ve got Mac Harb, who quit rather than face the music, and then you’ve got people on the Conservative side. I think the question is, ‘is this an institutional issue or is this a personal issue?’” said the senior Conservative source.

Former Quebec Liberal senator Raymond Lavigne is currently two months into a six-month jail sentence after being convicted in 2011 of fraud and breach of trust after claiming more than $10,000 in false expense claims and having a Senate-paid staffer do personal work for him (cutting down trees on his property).

Tim Powers, vice-chair of Summa Strategies, said the long-term impacts of the Senate expense scandal are “hard to tell” at this point in time, but said “it doesn’t help that it continues to go forward.”

“I think you can’t do anything about what’s been done or what’s alleged to have been done, it’s how you respond to it all and I think the ongoing cooperation with the RCMP and any other bodies who may be investigating this is the right course of action,” said Mr. Powers, a former Conservative staffer.

Mr. Powers said he suspects the anticipated fall throne speech will have “some mention of Senate issues,” and said the constitutional reference on Senate reform currently before the Supreme Court of Canada will keep the “story alive.”

The Supreme Court is scheduled to begin the actual court hearings on the Senate reform constitutional reference on Nov. 12, 13 and 14. A constitutional reference on Senate reform is also currently before the Quebec Court of Appeal.

On Aug. 26, CTV News reported that Saskatchewan Conservative Senator David Tkachuk, former chair of the Senate Internal Economy, New Brunswick Conservative Senator Carolyn Stewart Olsen, a former press secretary to Mr. Harper, told Sen. Duffy that if he accepted Mr. Wright’s cheque to repay his expenses, the committee’s report on his audit would be less critical. Both Sen. Tkachuk and Sen. Stewart Olsen have denied the allegations and have called them false.

Sen. Tkachuk stepped down as the committee chair on June 11 in order to concentrate on his battle with cancer, and the committee is now chaired by Nova Scotia Conservative Senator Gerald Comeau. Sen. Stewart Olsen remains a member of that committee, as well as the three-member steering committee.

As well, another ongoing element in the Senate expense scandal is the breakdown of Sen. Wallin’s expense claims, of which she has been ordered to repay a total of about $138,000. The Deloitte audit divided Sen. Wallin’s overall $532,508 in expenses into three categories: $390,182 that they deemed eligible, $121,348 that they deemed ineligible, and approximately $20,000 in expenses where auditors were unsure whether or not they were eligible and asked the Senate Internal Economy to make that determination. Sen. Wallin has already repaid about $38,000.

The committee has since ordered Sen. Wallin to repay about $17,000 of that $20,000 figure, but Senate communications has declined to provide a breakdown of what expense claims make up that $17,000 of ineligible expenses, and in turn, what constitutes the $3,000 in eligible expenses. In response to questions from The Hill Times as to why a breakdown of these expenses was not being made publicly available, Senate communications said the administration can only provide information already in the public domain, and “the decision of the committee was communicated directly to Senator Wallin.”

Mr. Powers said the Senate should make that information publicly available.

“If you want to see the example of transparency, and there are many Senators who I believe want to do that, including members of the different committees who have been looking at these things, I think they should be as transparent as they can, unless for some reason there’s a security issue or a personal privacy issue that cannot be exposed,” he said.

Nova Scotia Opposition Senate Leader James Cowan said he has confidence the Senate Internal Economy committee “did their assessment appropriately.”

“Four Senators, for whatever reason, chose not to abide by those rules,” said Sen. Cowan. “In my view the rules are clear, I don’t have any difficulty in deciding what is appropriate for me to claim and what I should pay out of my own pocket.”

The auditor general’s office is currently planning out a “comprehensive” audit to be conducted of the individual expenses of Senators, but it remains to be seen the level of expenses of each Senator to be examined or the time period to be reviewed, or even what level of specifics, such as the Senator’s name, will be included. Either way, the auditor general’s office is lined up to be an unprecedented glimpse into the expense claims of Senators.

“The auditor general will be good in that way,” said the senior Conservative source. “What he’s doing will have a salutary effect on the Senate because it will be the first time probably ever that a bright light will be shone in dark corners, and this is good for everybody so henceforth everyone will be far more aware of what they’re doing with their expenses. … What it comes down to, it’s not Mike Duffy putting an extra $50 in his pockets, its how do you do politics? There is a grey line between what is acceptable and what isn’t acceptable.”

On Aug. 12, ahead of the Deloitte audit’s publication, Sen. Wallin held a press conference and said Deloitte’s audit process was flawed. “Travel expenses which were approved and paid by Senate Finance in 2009, in 2010, in 2011 have in a number of cases now been disallowed. The basis for this latter decision is apparently some arbitrary and undefined sense of what constitutes Senate business or common Senate practice,” said Sen. Wallin.

The Conservative source said while Auditor General Michael Ferguson’s report would come back with some recommendations that could clarify what is acceptable practice when claiming expenses, he will “bat the ball back” to the Senate “and say, there are problems, we need a set of clear rules that everybody understands.”

The senior Conservative source said members of the Conservative Party are less uneasy than might be expected because Sen. Wallin, Sen. Duffy and Sen. Brazeau “are not longtime Conservatives.”

“These are folks who were appointed to the Senate for a number of different reasons. So in that sense, it’s not as if they’re seen as one of the family that’s suddenly done bad things,” said the source.

Mr. Harper has signaled he will be proroguing Parliament, and Parliamentarians are expected to return around mid-October.

Sen. Cowan said starting in September, all Liberal Senators and MPs will be voluntarily posting all of their expenses online, in a level of disclosure similar to that of a minister, with a more specific breakdown of travel, hospitality and office expenses provided. Currently the Senate publishes the overall expenses on a quarterly basis.

“Everyone’s got their eyes fastened on the Senate, but an equal amount of attention should be paid to the House. The Senate is not the centre of all bad spending in Ottawa,” said the senior source.

lryckewaert@hilltimes.com

The Hill Times


I can see the wedge issue tactic: Thomas Mulcair is all out for abolition, he will have a hard time making a useful reform proposal even after the Supremes say, as I expect they will, that abolition is constitutionally too difficult ~ requires unanimous consent of parliament plus all legislatures following a wide open constitutional congress; Justin Trudeau will have a hard time coming up with reform proposals that are any different, much less better, than what Prime Minister Harper will propose, which I guess will be: you (provinces) elect 'em or I will not appoint 'em at all; I'll let it wither on the vine.
 
E.R. Campbell said:
The return of pips and crowns (and, I guess, the birth of what'shisname in London) has set the pundits to debating the future of the monarchy. John Ibbitson explains why it's here to stay, because of a rigid written Constitution, in this article which is reproduced under the fair Dealing provisions of the Copyright Act from the Globe and Mail:

http://www.theglobeandmail.com/news/politics/globe-politics-insider/sorry-republicans-the-monarchy-is-here-to-stay/article13359833/#dashboard/follows/

This gives me a chance to beat two of my favourite  :deadhorse:

    1. The silliness of written constitutions, in general, and the Constitution Act of 1982 in particular; and

    2. A regency.

The single most important bits in the Constitution Acts of 1867 and 1982 are the two dates: 1867 and 1982. Both documents are accurate reflections of the political imperatives of their times ~ one is high Victorian document that reflect's a still prevailing mistrust of democracy in the hands of the great unwashed, the other reflects the political priorities of one man: Pierre Trudeau. Neither accomplishes very much of import. The 1867 Act is useful in apportioning responsibilities to the national and provincial governments (§91 ff), but that could have been done by a simpler act. There nothing, beyond minority language rights, in the 1982 Act that would not have been here anyway. Our rights and freedoms are, pretty much, the same as in e.g. Britain ~ a country without a written constitution of any sort. The Canadian Charter of Rights and Freedoms is, essentially, redundant rubbish.

Had we had a man with the brains the gods gave to green peppers in our highest political office circa 1982 he would have asked the British Parliament (Margaret Thatcher was PM at the time) to do one simple thing: repeal the BNA Act. We do, indeed, need a law that defines the divisions of responsibilities between the federal and provincial governments, but it should be a Canadian law passed by a Canadian parliament and by ten legislative assemblies ~messy, but Canadian. We do not need - no country needs - a written constitution. People like the Americans and the French venerate their, even as they amend them beyond all recognition or, simply, toss them aside when they are inconvenient. Would any country have challenged our right to exist, our right to out lands and waters, our right to act in the worls just because we didn't have a warmed over piece of 19th century British legislation as our constitution? Of course not!

I have prattled on, over and over again, about a regency ~ it's the form of government a monarchy (which Ibbitson says we are bound to remain) has when the anointed monarch is unfit or otherwise unable to serve. I suggest that, on the sad day when our most gracious sovereign lady Queen Elizabeth passes away, that's what we should have. We ought not to recognize the various and sundry acts of settlement and succession from about 300 years ago ~ and we ought to tell her Majesty and her heirs and successors that we don't recognize them ~ and we ought to appoint a regent on that sad day: the serving governor general. The first act of that serving governor general-regent should be to devise a way for parliament to 'elect' his (or her) successor, taking us all the way back to the Anglo-Saxon/Danish period of British constitutional history, 1300 years ago, when the Witenagemot (usually just Witan) to choose the sovereign from amongst qualified candidates.


But some people cannot leave well enough alone and now some Brits want to "crowd source" a written Constitution for Britain. In my opinion this is, no doubt, an interesting educational experiment which, I confidently predict, will result in almost everyone agreeing that written constitutions are inferior and the existing (and it does exist!) British Constitution is not in any need of reform. It, the British Constitution, is not, in any way problematic, although I agree with Professor Conor Gearty that it is peculiar. It does what all good constitutions do, and it does it at least as well as ~ and I would argue better than ~ any of the written ones.
 
While we wait for Canada's Supremes to decide on what/how much Ottawa can do to reform the Senate, here's Quebec's Court of Appeal's take....
The Conservatives’ plan to reform the Senate, if adopted, would be unconstitutional, Quebec’s Court of Appeal ruled Thursday.

An opinion delivered by five of the province’s top judges says that the federal government’s Senate Reform Act is an attempt to circumvent the constitutional requirement that a change in how senators are selected must be approved by Parliament and seven provinces with a majority of the country’s population.

(....)

The Supreme Court of Canada is to hold hearings on the review application next month, and the Quebec government hopes the highest court will take Thursday’s Court of Appeal decision into consideration when pondering its own opinion.
QC Court of Appeal decision (31 pages) here, and more on the Senate Reform Act here.
 
Former Foreign Minister Barbara McDougall offers some good advice in the last two paragraphs of this guest piece which is reproduced under the fair Dealing provisions of the Copyright Act from the Globe and mail:

http://www.theglobeandmail.com/commentary/why-the-senate-should-be-rebuilt-not-abolished/article15073583/#dashboard/follows/
I have reformatted the penultimate paragraph to make the six points easier to see.
gam-masthead.png

Why the Senate should be rebuilt, not abolished

BARBARA MCDOUGALL
Special to The Globe and Mail

Published Friday, Oct. 25 2013

A leader who seeks election on the basis that his integrity is superior to the other guy’s integrity is sooner or later going to run headfirst into a wall. For him to deliver on an integrity platform means too many people have to live up to too many standards – as proclaimed by him – and it only takes one to bring the wall down. You would think that everyone knows how to spell integrity, and that everyone spells it the same way, but in real life it just doesn't work that way.

It is ironic that the wall that connected with the Prime Minister’s head was the Senate, an institution he fervently wanted to reform even back when he was a member of the old-fashioned Progressive Conservative Party. Once in office he found it was easier said than done: The need for constitutional reform; approval of the provinces; the basis on which senators could be elected – there was, and still is, dissension on every issue. That’s why he wisely sent a reference to the Supreme Court asking what the federal government could do on its own. The Court’s response is due very soon, but too late to help with the current brouhaha. In today’s environment, the most popular action would likely be abolition, but for many thoughtful Canadians, that would be the worst option.

When I think about the Senators I have known over many years, I have nothing but admiration for most of them. They have had distinguished careers as parliamentarians (Allan MacEachen, Pat Carney), in public life (Michael Pitfield, Lowell Murray, Hugh Segal), in business (Finlay MacDonald, Ian Sinclair), in academia (Eugene Forsey), or in the professions (Walter Keon.) From both parties, many use their Senate base to further the public good through researching issues not necessarily on the government agenda, but important to the public interest (the safety of coastal lighthouses, mental health, guaranteed annual income.) Not always, but often enough to ensure the legitimacy of the process, this work can and does find its way into public policy.

The Senate has its share of party loyalists or defeated candidates who need a job – and yes, I can name some of them, too, but I won’t. There are fewer than you would think, and they too, for the most part, work hard and make their contribution. (For the record, among those making their contribution I do not include Andrew Thompson, the Liberal Senator who drew his salary and likely his expenses, from a warm and comfortable home in Mexico. There are exceptions.)

It will come as no surprise that Senators can be highly partisan, and that is legitimate. The government has the right to get its legislation passed, but probing by Senators, and Senate committee examination can frequently be more thoughtful than its equivalent in the House of Commons.

As minister of state for finance in the mid-1980’s, part of my job was to steer finance minister Michael Wilson’s budget and other legislation through the committees of the House of Commons and the Senate. Appearances before Senate committees were exacting, and required the best knowledge I could offer. Senator MacEachen, a former Liberal finance minister and a formidable expert on parliamentary procedure, would take me through the budget line by line, asking detailed questions to make sure I knew my stuff. One Senate Committee meeting on a borrowing bill was a cliff hanger, not unlike the debt ceiling debate recently in the U.S. Congress: if the bill had not gone through, Canada would not have been able to pay its bills. It did pass, only at the eleventh hour, and our world was saved. Senator McEachen knew his finance issues, but what he liked best was to catch the government out – not only Brian Mulroney’s Conservatives, but often his own Liberal Party.

Every government finds a strong and informed Senate to be a great trial – all the more reason to have a Senate. Showdowns are inevitable, as in the GST debate, when prime minister Mulroney used a little known rule to appoint eight temporary Senators in order to achieve his legislative objectives in the face of Liberal obstructionism. For opposition Senators to defeat a government money bill would have been without precedent in our parliamentary system and would have triggered an election. But for the most part robust – even angry and bitter debate – serves the public interest.

What became clear to me in my dealings with the Senate was that many Senators, secure in their tenure, become independent thinkers pretty quickly following their appointment, sometimes to the chagrin of the Cabinet. Our government’s abortion bill was defeated in the Senate. It was not a good piece of legislation no matter what side of the issue one was on, and I was secretly relieved. It was an embarrassment for the government, but thankfully the Senate did the right thing.

Which brings us to today’s ugly situation in the Red Chamber.

Amidst all the obfuscation let me lay out some pretty basic points that must be clear to everyone by now:

    First, the spending rules in the Senate are out of date, muddled, and an affront to the public;

    Second, over many decades many Senators have been careless and occasionally cavalier, in how they manage their expenses, but rarely criminal;

    Third, whether there is a major overhaul of the Senate or not, Senate functions must be transparent and Senators, even though not elected, must be made accountable;

    Fourth, the extreme partisanship and intra party bitterness in the Senate must end;

    Fifth, the Prime Minister’s Office, living as all PMO’s do in its own bunker, has done its leader and its country, an enormous disservice in its ham fisted treatment of its own Senators;

    Sixth, the Prime Minister’s insistence that illegitimate expense claims be repaid is not only correct, it resonates; seventh, the Senate must do the right thing and allow due process for all of the accused Senators.

What has gone on is disgraceful on many levels. But that does not mean the Senate should be abolished. It is harder to rebuild than to abolish, but it is in Canada’s interest to rebuild. It’s time for some sober second thought on everyone’s part.

Barbara McDougall was Secretary of State for External Affairs from 1991 to 1993.


I agree with all six points, but I'm not sure the fourth point (ending hyper-partisanship) is possible.

I have, many times, said that a federal state needs a bicameral legislature; I expect the Supremes to agree and to tell Prime Minister Harper that he cannot abolish it but to allow him some leeway in how he goes about reforming it.

 
These look like they could be positive improvements to the House of Commons.
Reform Act bill would change Canada’s parliament forever
Andrew Coyne
National Post
29 Nov 2013

The title of the bill that Conservative MP Michael Chong will introduce next Thursday in the House of Commons, “An Act to amend the Canada Elections Act and the Parliament of Canada Act (reforms),” makes it sound like a modest bit of housekeeping. Yet it contains the seeds of a revolution.

Should it pass, Parliament would never be the same again. The bill would fundamentally recast the relationship between party leaders and caucuses, and with it the whole structure of our politics. The balance of power would shift, irrevocably, in favour of MPs and their riding associations, and away from the leaders and their apparatchiks. In sum, this is a vastly consequential bill, and fully deserving of the historical echoes in its short title: The Reform Act.

In brief, the bill would do three things:

1. It would formalize the convention that the party leader serves only with the confidence of caucus (here defined as the party’s delegation in the Commons; the Senate, being unelected, is properly left to one side). A leadership review vote could be triggered at any time on the receipt of written notice bearing the signatures of at least 15% of the members of caucus. A majority of caucus, voting by secret ballot, would be sufficient to remove the leader, and begin the process of selecting a new one.

2. It would similarly empower caucus to decide whether an MP should be permitted to sit amongst their number. A vote to expel (or to readmit) would be held under the same rules as a leadership review: 15% of caucus to trigger, 50% plus one to decide. A member would also be readmitted automatically on being re-elected to the House under the party banner. In other words, membership in caucus would no longer simply be up to the leader to decide.

3. It would remove the current provision in the Elections Act requiring any candidate for election to have his nomination papers signed by the party leader. Instead, the required endorsement would come from a “nomination officer,” elected by the members of the riding association. In other words, the riding association, and not the leader, would decide who its nominee was. There would be no leader’s veto.
From: http://fullcomment.nationalpost.com/2013/11/29/andrew-coyne-reform-act-bill-would-change-canadas-parliament-forever/
and more here: http://www.edmontonjournal.com/news/Conservatives+bill+would+give+power+eject+their+leader/9228520/story.html
 
MCG said:
These look like they could be positive improvements to the House of Commons.From: http://fullcomment.nationalpost.com/2013/11/29/andrew-coyne-reform-act-bill-would-change-canadas-parliament-forever/
and more here: http://www.edmontonjournal.com/news/Conservatives+bill+would+give+power+eject+their+leader/9228520/story.html


This would move us closer to the British system of party leadership - which I think is much, much better than ours, which has moved too close to being a version of the US system.

I have said before (can't remember where, now) that I would like to see the powers of party conventions curtailed - especially leadership conventions. I believe that party conventions are the right place to write manifestos/platforms, but I agree with Mr Chong that the parliamentary leaders should be creatures of their caucuses. I'm not so sure that 15% is a high enough trigger level, but that's a quibble.
 
It will be interesting to see what develops with the bill. Mr Chong needs cross bench support to move this forwards. I wonder what Mr Trudeau and Mr Muclair think of the idea.
 
The NDP already seem prepared to oppose it ... they say Mr Chong is trying to solve an internal CPC problem. I expect the Liberals and many Conservatives will oppose it also.

 
http://www.ctvnews.ca/politics/senate-reformed-or-abolition-unlikely-experts-say-despite-scandal-1.1604407

It appears that there are enough (self-centred) competing interests across Canada that any sort of attempt to fix the Senate is doomed to failure.

What is the solution?  What would the Senate look like today if Prime Minister Harper had refused to appoint senators from 2006 on?  Is a feasible solution for the government to simply refuse to appoint any new senators, letting the body wither on the vine?
 
Infanteer said:
http://www.ctvnews.ca/politics/senate-reformed-or-abolition-unlikely-experts-say-despite-scandal-1.1604407

It appears that there are enough (self-centred) competing interests across Canada that any sort of attempt to fix the Senate is doomed to failure.

What is the solution?  What would the Senate look like today if Prime Minister Harper had refused to appoint senators from 2006 on?  Is a feasible solution for the government to simply refuse to appoint any new senators, letting the body wither on the vine?


That was discussed a few years ago ... the consensus opinion, as I recall, was the the Supremes would likely side with the provinces that would, surely, sue the government on the issue.
 
As always, the solutions can be found by reviewing our history:

http://www.youtube.com/watch?v=lMOHiQtuSuo
 
dapaterson said:
As always, the solutions can be found by reviewing our history:

http://www.youtube.com/watch?v=lMOHiQtuSuo

Awesome video. wrong thread though  8)
 
E.R. Campbell said:
This would move us closer to the British system of party leadership - which I think is much, much better than ours, which has moved too close to being a version of the US system.

I have said before (can't remember where, now) that I would like to see the powers of party conventions curtailed - especially leadership conventions. I believe that party conventions are the right place to write manifestos/platforms, but I agree with Mr Chong that the parliamentary leaders should be creatures of their caucuses. I'm not so sure that 15% is a high enough trigger level, but that's a quibble.


I yearn for what Prof Tom Flanagan calls the "Golden Age of Parliament" but he explains, in this article, which is reproduced under the Fair Dealing provisions of the Copyright Act from the Globe and Mail, why what I want is impractical:

http://www.theglobeandmail.com/globe-debate/this-is-no-way-to-choose-a-leader/article16091195/#dashboard/follows/
gam-masthead.png

This is no way to choose a leader

Tom Flanagan
Special to The Globe and Mail

Published Saturday, Dec. 28 2013

Michael Chong’s proposed Reform Act has attracted a lot support from pundits and politicians. They seem to like Mr. Chong’s idea that 15 per cent of caucus should be able to demand a review in which the leader could be unseated by a majority vote. The proponent and supporters are doubtless well intentioned, but this is a bad idea and Parliament should take a pass on it.

The fundamental problem is that all national parties have constitutions requiring their leader to be chosen not by their parliamentary caucus but by party members, either voting directly for a leadership candidate, or indirectly through delegates to a convention, or through some combination of the two. It makes no sense to have the leader chosen by a democratic process involving tens or even hundreds of thousands of people, but then allow a few dozen caucus members to fire the leader when they feel like it.

But, one might ask, why must the leader be chosen by the party members? Why shouldn’t the caucus elect the leader, as used to be done in the 19th century and is still done by some parties in Australia and New Zealand? The answer is that we have moved on from the “Golden Age of Parliament” to an era of mass democracy. Voters now expect to take part in choosing the country’s chief executive officer. Indeed, most voters, when they mark Liberal or Conservative or NDP on their ballots, are thinking mainly of the party and the leader, not of the local candidate. That is, they are thinking about choosing an executive government.

There was a time when conventional wisdom held voters to be incapable of making such a momentous choice. That led to the American Electoral College as a mechanism for indirectly electing a president, and the early parliamentary system of responsible government as a way of indirectly electing a prime minister. But that time is long gone.

A system in which Parliament acts as an electoral college for the prime minister is highly conducive to what Marx called “parliamentary cretinism.” Exhibit A is the caucus of the Australian Labor Party, which overthrew prime minister Kevin Rudd in favour of Julia Gillard in 2010, then overthrew Ms. Gillard in 2013 and reinstated Mr. Rudd to lead them into the impending election. Labor now has to reap what it sowed – three years of Liberal majority government.

Or consider what happened in New Zealand in 1997. When prime minister Jim Bolger was out of the country attending a Commonwealth meeting, one of his ministers, Jenny Shipley, organized a caucus coup against him that made her prime minister. Fittingly, she led the National Party to defeat by Labour in the next election.

Australia and New Zealand are wonderful countries (especially at this time of year), but such Third World antics are unworthy of a mature democracy. Canadians would be rightly appalled to see prime ministers overturned by caucus cliques in such a cavalier way.

Empowering party members to choose the leader builds popular support, thus giving the leader not just legal but also political authority to lead the party and the elected caucus. This is critical to giving voters a meaningful choice between parties with different policies, programs and personnel. Otherwise, elections would just mean choosing representatives with little idea of what comes next. Look at the factional, personalized politics of many city councils (not just Toronto) to get an idea of what democracy can be like without responsible political parties. The House of Commons should discuss the Reform Act seriously to expose the fallacious thinking that underlies it, then let it die on the order paper.

Tom Flanagan is a distinguished fellow in the School of Public Policy, University of Calgary, and a former campaign manager for conservative parties.


The fact - and it is a fact - that I accept that Prof Flanagan is correct and that popularly elected leaders are an artifact of a mature, liberal democracy doesn't mean that it, the popular election of leaders, is good for democracy. I remain committed to the idea that there is and should be difference between the party and the parliamentary caucus. I believe the party, per se, should be the absolute master of policy ~ the manifesto or platform ~ and party members should stand for election based on that platform; i.e. each and every candidate for the Conservatives or Greens or Liberals or NDP agrees to run on and fight for a specific set of policies, not for the whims of his (or her) constituents. But, once elected to parliament I believe that the MPs, the members of the parliamentary caucus, ought to have the right, the duty, to elect, from amongst their number, the person they feel is most likely to lead a successful government.

But I of agree with Prof Flanagan on one aspect of Mr Chong's proposed legislation: 15% is far, Far, FAR too low a threshold for recall: 75% is a better number, perhaps even higher - maybe 85%, i.e. only 15% of the caucus supports the leader.
 
I see Prof.  Flanagan's point, one that had escaped me until now. (Easier to say that than to admit I was wrong  ;D )

I don't like the notion of Dictator Pro Tem.  I'd like to have some other mechanism to keep leadership in check during their 4-5 year reigns than just the threat of being turfed at the end of their time. 

Equally I don't want to see the government being turfed, holus bolus, every time some faction disagrees with the boss.

If we are to go the route of Michael Chong at all I would agree first with the assertion that 15% is far too low a number to spark a very public airing of dirty laundry that would not only damage the government of the day but also the credibility of the party.  85% is better.

Where I would suggest a further change that is in keeping with both the spirit of Prof. Flanagan's concerns and Michael Chong's desires, I believe, is that instead of the caucus vote immediately resulting in the expulsion of the government of the day it would trigger an immediate party review of the leadership.  That would take time.  It would enfeeble the government.  It might not give the caucus "rebels" the results they expected.  It would allow the wound to bleed longer. None of which are good things for the party and the rebels.  That would, hopefully, give them pause before they acted.

The problem that I see is that the Government is the result of a personal "contract" between Her Majesty and the Prime Minister.  She asks an individual if he or she can form a government.

The Prime Minister is limited in the pool of people he can choose to work with.  He must select his ministers from Parliament (not necessarily from his party - although party constitutions probably speak to that).  The first problem is to find sufficient members of the house (preferably from caucus) to fill all the ministerial billets necessary to run an effective government.

The second problem is to find sufficient votes in the house to pass legislation.

But that presents a lesser problem, I believe.

There is nothing that requires government to put forward any legislation other than the budget.  A government can run effectively with short parliamentary sessions and governance by regulation. 

But that might trigger the leadership review discussed at the top.

Is there enough to be gained in this exercise that we would risk destabilizing the government to the extent found in places like Israel, Italy or Greece?

Maybe, after all, I do prefer the Dictator Pro Tem to the alternatives  :-\

 
Perhaps the solution is not to change the leadership of the caucus but to limit the control of the leadership of the caucus.  Right now the caucus is very tightly bound to the decisions of the leadership due to the fact that defeat of a (money) bill equates to non-confidence in the government.  The caucus can become dissatisfied if they feel they are forced to support policies that are against their/their constituents desires in order to maintain power. 

Perhaps if a Bill could be defeated and NOT automatically result in the government falling...but instead just be defeated by itself and trigger an immediate (separate) non-confidence vote in the government it would force the PM to be more responsive to the desires of his/her caucus. 
 
GR66 said:
Perhaps the solution is not to change the leadership of the caucus but to limit the control of the leadership of the caucus.  Right now the caucus is very tightly bound to the decisions of the leadership due to the fact that defeat of a (money) bill equates to non-confidence in the government.  The caucus can become dissatisfied if they feel they are forced to support policies that are against their/their constituents desires in order to maintain power. 

Perhaps if a Bill could be defeated and NOT automatically result in the government falling...but instead just be defeated by itself and trigger an immediate (separate) non-confidence vote in the government it would force the PM to be more responsive to the desires of his/her caucus.


Certain bills, especially those involving the budget,* must be matters of confidence.

The party's policy base, its manifesto and election platform, should spell out the matters for which the party, any party, will demand the confidence of the House. All candidates for that party must know what those principles are before seeking nomination and election and must, without fail, no matter what they or their constituents think, vote for those items. All other times should be matters for free votes although the PM may demand that the ministry, proper, vote with him, as the government, on certain issues ~ or members may resign from the cabinet to vote their conscience.

_____
* This has deep historical rots, resting in, at least, Magna Carta.
 
Here, reproduced under the Fair Dealing provisions of the Copyright Act from the Ottawa Citizen is a thoughtful piece from the [io]Citizen's[/i] editor, Andrew Potter:

http://www.ottawacitizen.com/news/democracy+doesn+need+white+knight/9347373/story.html
logo-ottawa-citizen.png

Why democracy doesn’t need a white knight

BY ANDREW POTTER, OTTAWA CITIZEN

JANUARY 3, 2014
By all accounts, it was a bad year for Canadian politics. Indeed, “A bad year in politics” was the headline on the year-end wrap-up in the Citizen’s editorial pages. According to a recent article on CBC.ca, “old-fashioned honour” went missing from politics in 2013. From the Chronicle Herald: 2013 was “the year that politics hit rock bottom.”

There certainly was plenty of scandal and malfeasance. The gas plants scandal in Ontario. The Senate spending scandal that has ruined four senators’ careers and engulfed the PMO. The ongoing work of performance art that is Rob Ford’s mayoralty.

But if bad behaviour was the villain that dishonoured the virtue of Canadian democracy in 2013, late in the year, a white knight appeared on the scene in the form of Conservative MP Michael Chong’s Reform Act.

The despair over the state of our politics is certainly warranted, but the near-desperate hope for a solution in parliamentary reform is not. Chong’s private member’s bill is yet another iteration of a perennial theme in our political discourse, which is for people to assume that if they don’t like what the system serves up, there must be something wrong with the system.

And so while the Reform Act might have stirred the souls of Canadians looking for something to power-wash the stain of the past year from our memories, the truth is we need the Reform Act like we need more cold weather.

Here is a naïve view of how politics works:

Politics is about policy. Groups of like-minded people coalesce around a set of ideas about how the world should work. This group is called a party. The party puts forth a platform of policies that will put those ideas into action. The role of the party then is to serve as the interface where ideas become policies. To gain power, the party promotes and sells these policies to the public as better than those of their opponents.

Thus, the adversarial nature of politics is essentially a debate between superior policies, and an election campaign is when the marketplace of ideas is open for business. It is like a graduate seminar in philosophy, where ideas are freely debated and truth will win out, whatever its source. When the party with the best ideas wins, and its policies are then implemented, the country as a whole is better off.

On the naïve view, the crucial trait of a successful politician is that he is intelligent. Political leaders should be smart people, policy wonks, charismatic academics, philosopher kings who will rule in the interest of all. The model naïve politician is someone like Pierre Trudeau, or Barack Obama.

Here is a cynical view of how politics works:

Politics has nothing to do with policy, it is about power. Joining a political party is not like joining a faculty club, it is more like joining a tribe or a gang. The party’s overriding function is to gain power and relative status for their group at the expense of people in other tribes and gangs.

Therefore, a party platform is not a list of policies seen as being in the objective interest of the country. Rather, it is a statement of brand affiliation, or, more simply, identity. The function of the party is to sell its brand or identity as more appealing than that of their opponents. Policies are implemented because of how they appeal to the group and promote its identity.

In this view, elections are basically popularity contests, not much different from the process of voting for class presidents. So the point of an election is to make one tribe’s leader seem more appealing than those of the other tribes.

For cynics, to govern is to choose between competing interest groups. There will be winners and losers, with some groups inevitably rising and dropping in status. This is because power is indivisible and rival. One group can only hold it at the expense of others.

The best politicians are charismatic figures, or gang leaders. They are polarizing figures, ruthless at pursuing the interests of their tribe at the expense of others. Loved, or at least greatly admired by their followers, they are loathed by their opponents.

The successful cynical politician is not necessarily intelligent. What matters is that he is authentic. The relevant question is not “does he have good ideas” but rather “is he a proper representative of my tribe?” The model cynical politicians are men like Jean Chrétien, or George W. Bush.

But these terms don’t just describe how politics does work, they can also be used as a language in support of reform or in support of the status quo. We may think that our politics ought to be more cynical, or ought to be more naïve.

In fact, the most significant political divide in Canada is not between East and West, French and English, or left and right, but between those who are cynical and those who are naïve about politics. It informs almost all other opinions about how our political machinery — including Parliament, the courts, the party system, the electoral system, the media — should function.

A great many political arguments, perhaps most, are actually disguised disagreements over which mode of politics is better, the naïve or the cynical. Indeed, most apparently partisan disagreements are, if you scratch the surface, differences of opinion between cynics and naïfs.

To see how this habit of conflating partisan views with metapolitical commitments can lead us into trouble, we need only look at the contrasting treatment of Toronto Mayor Rob Ford and the provincial Liberals under Kathleen Wynne.

In many ways, 2013 was no better for Wynne than it was for anyone else. The gas plants scandal won’t go away, the provincial auditor has repeatedly roasted her over her handling of the affair, manufacturing jobs are fleeing the province and the government’s books are in terrible shape. Meanwhile, Wynne continues to avoid facing a confidence vote in the legislature thanks to a preposterous rule that prevents the opposition from raising confidence issues without the government’s permission. Yet Wynne’s Liberals remain reasonably popular; at the very least, her ongoing presence in the premier’s chair is not seen as a repudiation of the very existence of standards in public office.

Then there is Ford. One of the most perplexing aspects of the Rob Ford story is the fact that he remains quite popular. As a recent Globe and Mail editorial lamented, as long as he remains unindicted, there is a very good chance Ford could be re-elected this year. This is, for his opponents, completely inexplicable on anything but the most cynical grounds. His supporters, the so-called Ford Nation, will vote for him under just about any circumstance because they are a tribe, and it is vital to membership in their tribe that they hate the urban elites.

Yet if you listen to what Ford’s supporters say, it isn’t quite as cynical as that. When Ford’s drinking, drug use, and abuse of office are raised as considerations for why he is unfit for office, the response isn’t always “so what?” Very often the answer his supporters give is something like: at least he didn’t nearly bankrupt the city, like his predecessor did. At least he didn’t cause the scandals at eHealth and Ornge, like the Liberals at Queen’s Park did. At least he didn’t cost the province a billion dollars and counting by terminating a couple of gas plants in the middle of an election, like Dalton McGuinty did.

When he was elected mayor, Ford’s main opponent was George Smitherman, the former McGuinty cabinet minister. As Peter Loewen argued in a column for the Citizen, Smitherman’s record was very weak, and it included the eHealth fiasco and “a hastily prepared green energy plan that unnecessarily enriched suppliers and grossly violated international trade agreements. The cost of this mismanagement certainly reached into the billions of dollars.” As Loewen concluded, “If Ford had no record, Smitherman had an indefensible one.”

For Ford supporters, the way urban voters continue to support the provincial Liberals, despite their mismanagement of the province’s finances, is equally perplexing. That most Wynne supporters miss this speaks to the degree to which most of us are blind to our own political biases.

The more sophisticated naïfs understand this, which is why they find it useful to state their case in the language of parliamentary reform.

Recall the familiar notion of the democratic deficit, which becomes a popular idea whenever a majority government gets a bit long in the tooth (e.g. third-term Jean Chrétien, current-term Stephen Harper) and the leader’s opponents start to wonder if he’ll ever leave.

A workable definition of the democratic deficit is the perception by naïfs of the inability of the system to keep the cynics in check. When it comes to proposals for remedying the democratic deficit, therefore, high on the list are things like relaxed party discipline, more “free votes” in the House of Commons, and the strengthening of bipartisan parliamentary committees to give MPs greater input into policy-making and the drafting and scrutiny of legislation.

This fall saw a remarkable addition to this list, in the form of Conservative MP Michael Chong’s Reform Act, which would remove the control of party leaders over local ridings, and provide a mechanism by which party caucuses — not party membership — could remove a leader. It was, claimed more than one observer, the single greatest opportunity to fix our democracy in a generation.

The problem with Chong’s bill is that it can’t possibly do anything close to what its supporters hope it will do. Chong’s bill is just another in a long line of proposed reforms to our political system, the achievement of which will give us True Democracy at last.

What all of these sorts of reforms (proportional representation is the Reform Act’s stablemate in the Magic Pony corral) have in common that the “fixes” they propose are rooted in a very specific, and highly naïve, account of politics as less about advancing specific interests and more about participating in some ongoing deliberative conversation.

The truth is politics is a messy and very unpleasant business, even at the best of times. It is very easy to look at what is going on and argue that the way things work is bad, and therefore any reform would be good. In contrast, making the argument for the status quo is hard. The system always seems broken, and it is easy to climb on the high horse of reform and ignore the fact that the answer to the question of whether an institution or a practice or a policy enhances democracy or inhibits it is often, “it depends.”

If the strong cynics are guilty of anything, it is in believing that politics is solely about gaining power, and using that power as the means to help your friends and harm your enemies. The strong naïfs are guilty of the exact opposite error: assuming that political power of any sort is inherently corrupting, and that it is possible to govern in the general interest without making hard choices about whose interests will be advanced and at whose expense.

The cynics are right about one thing though: Wielding political power is the starting point for doing anything at all, and the core feature of our political institutions is that they enable competition for political leadership. A healthy democracy provides a mechanism for evicting leaders who have outlasted their value to the nation, allowing elites to get cycled out once they have worn out their welcome. In the meantime, the best we can hope for from our democracy is one in which limited cynical means are deployed to achieve maximally naïve ends.

How close is Canada to this ideal? According to the near-consensus of the punditocracy, 2013 saw the Harper government reach the acme of political nihilism, where maximally cynical means are being used to achieve maximally cynical ends. Only a very few people seem to have noticed that, during his nearly eight years in power, Harper has kept his attention focused on a small set of policies that have, gradually and nearly imperceptibly, managed to change the country in a significant way, to the great approval of a large plurality of the electorate

Even so, the rumblings about Harper’s imminent departure are rising in lockstep with the grumblings from within his caucus about his leadership and the polls that show his party at levels that would see them lose their majority, if not power, in the next election. Like all political leaders, Stephen Harper will eventually either jump or he will be pushed. This is the sign of a democracy’s health, not its degeneracy.

The language of reform is the moral high ground of the sophisticated naïf. The language of the status quo is the language of the cynical exercise of power. And so it is not surprising to find that while naïfs are constantly trying to reform Parliament, cynics find themselves merely trying to defend it.

Andrew Potter is the editor of the Ottawa Citizen and the author of The Authenticity Hoax: How We Get Lost Finding Ourselves.

© Copyright (c) The Ottawa Citizen


I have a few quibbles with Mr Potter's analysis. I do not think the divide is between the naïfs and the cynics; I think we are (very nearly) all a mix of both and in most of us the two aspects are rather finely balanced. I believe the divide is between Old Canada and New Canada. (Now that distinction was made, many years ago, by a Canadian historian ~ i think it was Michael Bliss but I have been unable to find the original again ~ and he described it as a geographic and attitudinal divide.) Old Canada, he (whoever he was) suggested was socialistic, statist, timid and, generally, voted Liberal and lived East of the Ottawa River in QC, NB, PEI, NS and NL. New Canada, on the other hand, was capitalist, individualistic, entrepreneurial and suspicious of governments, in general, and, increasingly, voted Conservative and lived West of the Ottawa River in ON, MB, SK, AB and BC.

But I do think Mr Chong is aiming, however poorly, at a real problem: "governing from the centre" as Prof Donald Savoie put it in book which light to be required reading. British parliamentary democracy, upon which ours was modelled in 1867, has continued to evolve over the past 150 years while our has stagnated in many respects. The need to balance the "two Canadas" in the 19th century (Old and New Canada, even then) had a stultifying effect. For generations every decision, including how to prosecute a global war, had to be carefully sliced and diced to keep a firm political base in QC. Even in his Grey Lecture, in 1947, in which Louis St Laurent enunciated the best, maybe only decent foreign policy Canada has ever had, he made "do not harm national unity" his first priority. But someone else (Arthur Kemp, an Anglo-South African writer) said, "demographics is destiny" (he should have "are,' shouldn't he?) and the demographic tide is running in New Canada's direction. That's why I say, over and over again, that the New Canada based Conservatives have to learn to "govern without Québec" ~ not against Québec, just not making Québec's every whim and desire the centrepiece of Canadian policies.

I know I am repeating myself, but ... for generations we have, metaphorically, turned our backs on America, looked North and stretched our strong, right arm out to Europe. We need to turn about: to face the fact that we and America are more alike than any other two countries. We are joined at the hip, we are "kith and kin" we are each other's best, truest friends. The North is ours but it is not our defining characteristic ~ the every diminishing Canada/US border is what defines us. We need to extend our strong, right arm towards Asia: in friendship and in the hope of increased trade and prosperity for all. That is the New Canada approach ~ old Canada doesn't like it, and that's just too bad.
 
And Lawrence Martin, in a column which is reproduced under the Fair Dealing provisions of the Copyright Act from the Globe and Mail, reminds us of a bit of the history of the “elected dictatorship” that is the defining characteristic of a majority government in a Westminster based system:

http://www.theglobeandmail.com/globe-debate/decades-ago-we-should-have-listened-to-joe/article16314768/#dashboard/follows/
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Decades ago, we should have listened to Joe Clark

LAWRENCE MARTIN
Special to The Globe and Mail

Published Tuesday, Jan. 14 2014

Well, so much for another attempt at curbing the über-powers of our Prime Minister. The highly publicized reform proposals of Tory backbencher Michael Chong aren’t wanted, judging by the words of Stephen Harper and his team.

They will likely meet the fate of others before them. Our “elected dictatorship,” as Green Party leader Elizabeth May and others have called it, gets another reprieve. It is safely ensconced.

We can’t say we weren’t forewarned. We can go all the way back to the mid-1970s. On Dec. 9, 1974, we find Tory MP Joe Clark putting forward a motion in the Commons aimed at having safeguards set in place to secure the sovereignty of Parliament as intended by the Constitution.

Backbencher Clark – he hadn’t even reached the “Joe Who” stage of his career yet – was becoming uneasy over how that sovereignty was being challenged by Pierre Trudeau’s office. Mr. Trudeau’s government “might have got out of the bedrooms of the nation,” asserted Mr. Clark, “but it has more than made up for that everywhere else.”

The young MP had watched throughout the 1960s as rules of Parliament were significantly changed. A guillotine rule had been passed to limit debate. Limits were also put on the number of Opposition days. Debates were diverted from the Commons floor to committees.

In tandem, Mr. Clark noted, Mr. Trudeau had “in effect, established for the first time a new ‘Department of the Prime Minister’ in the Privy Council Office and the Office of the Prime Minister.” This office, he continued, was “created in the absence of authority from, or discussion in, Parliament. It operates beyond our scrutiny and, having the ear of the prime minister, it has the capacity virtually to change any direction or challenge any initiative that arises either in Parliament or in the public service.”

The new department, he said, was overpowering the cabinet, the public service and other checks and balances in the system. While the Constitution stipulated that the executive branch need submit to the will of the legislative branch, the Canadian system was devolving to something akin to the opposite – collective obedience to the will of the man at the apex of power.

On the controversial measure, the so-called guillotine rule, Mr. Trudeau invoked closure in 1969 to impose it. This was the moment when he uttered the infamous words about MPs being “just nobodies” when “they are 50 yards from Parliament Hill.”

Political scientist Denis Smith wrote at the time that “this was as clear an indication as there has ever been that the Canadian prime minister is inclined to think of himself as a crypto-president, responsible directly to the people and not to the House of Commons.”

The system was diffuse before Mr. Trudeau came to power, said Mr. Smith, but he gave the federal bureaucracy centralized political leadership, he expanded his office into a presidential-styled one, he altered the procedures of the House and he went directly to the people.

Four decades on, and the trends as noted by Mr. Smith and Mr. Clark (who came to power but dropped the ball) have only accelerated. The PMO gets more presidential all the time, but Parliament lacks the power of the House or Senate in Washington to check it.

Mr. Harper likes a presidential-styled operation and going directly to the people as well. The latest tactic from his communications team is what some are calling PMO TV. Funded by you, the taxpayer, and debuting on government websites, it’s a weekly video roundup of prime ministerial activities called “24 Seven.” Set to an imperious musical score, the PM is seen in Vancouver, minus the protesters, discussing the economy, children with happy grins surround him for a concluding clip.

Remarkable is the fact that while prime ministers have accumulated so much power, they have with rare exception refused calls, for the good of democracy and their reputations, to draw that power down.

Way back in the day, Mr. Clark was on to something. No one listened.


There was a time, in my lifetime ~ think about the Pipeline Debate of 1956 ~ when what Prime Minister Harper does, what Prime Ministers Chrétien, Mulroney and Trudeau did, would have destroyed their political fortunes. No longer, we have evolved, our politics have evolved in parallel with a highly Americanized, TV based, celebrity obsessed popular culture that aims to pacify us with social, economic and political "snacks," junk food, rather than nourish us with the roast beef and green vegetables of good, sound public policy.

 
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