Hung Parliament in British Columbia

The final results of the 41st general election in British Columbia have been tallied and the parliament is hung. The incumbent BC Liberals hold a total of 43 seats (one seat short of a majority mandate), the BC NDP hold 41 and the BC Green Party holds 3 seats. As of yesterday, BC NDP leader John Horgan and BC Green Party leader Andrew Weaver have reached an agreement that would see the BC NDP form a minority government while being propped by the Green Party for the next four years. I feel the need to be absolutely clear here, because the media at times has not, but this is not a government-in-waiting scenario. In fact, Christy Clark is still the Premier of the province, and will remain the Premier until her government falls or she resigns. However, with this new agreement there are several outcomes for this BC parliament. This post will examine those outcomes and the road to each with some commentary on the fallout from each potential scenario.

Clark Resigns as Premier

In this scenario, Premier Clark looks at the seat-count in the legislature and the agreement between the BC NDP and BC Greens and decides that she won’t present a Throne Speech in the opening of parliament and resigns as Premier. She would have to go to the Lieutenant-Governor of BC, the Hon. Judith Guichon, and request that her ministry be dissolved (but not the legislature, thus not leading to an immediate election). In this scenario the L-G would have the option of asking Mr. Horgan to form the government as per the agreement between the BC Greens (being the party and leader that seemingly are able to establish the confidence of the legislature) or she could ask another MLA from the BC Liberal Party to form government (unlikely). Additionally, in this scenario could also decide to dissolve the legislature and trigger an election but this is the most unlikely course as it would be unconventional for her to dissolve the legislature without the advice of the Premier (and a legitimate question of constitutional law would arise as to whether or not she actually has the authority to do it without said advice). It is also important to note that in this scenario, Horgan would still need to prove that he has the confidence of the legislature through the passing of a Throne Speech.

Clark Dissolves the Legislature

In this scenario, Premier Clark still heads to Government House to speak with the L-G but in this case she asks that the entire legislature be dissolved. This would trigger a new election. The downside to this approach is that the L-G could decide that Clark’s request is not in the interest of the province and undermines her responsibility to ensure a democratic government is in place in BC, and could ask the BC NDP to attempt to form government. We are getting into Byng-King territory here and so it rapidly becomes a constitutional minefield. I personally, cannot see Clark going this route for two reasons: (1) having to overcome the whole “you brought us into another election merely a month apart” will be hard to overcome on the campaign trail and (2) there is too much uncertainty in what the L-G could do (there will be a lot of egg all over Clark’s face if she requests an election only to see the L-G ask the BC NDP to form government and go on to have a successful mandate).

Clark Presses Onward

In this scenario, Premier Clark maintains power as the incumbant government under a party with a plurality of seats in the legislature. This would allow her to open parliament and bring down a Speech from the Throne that outlines her plan for the next session of parliament. If she was shewrd (and she is), this speech would include a laundry list of “goodies” for the BC NDP and BC Greens, which would put them in the awkward position of voting down something that has a policy plan in their own favour. It would bring to light the power-grab nature of the opposition’s approach leading up to the opening of parliament. If the chips fall as the seat-count shows in light of the agreement, than the Clark government would fall but she would have some ground to stand on in presenting a plan that accomodated the opposition, and it would leave the onus on them to explain why they voted down the plan.

The Speaker Issue

The last scenario with Clark pressing onward as Premier and presenting a Throne Speech also has another aspect to it; the election of the Speaker. The first act of any parliament is the election of the Speaker. Because the BC NDP and BC Greens would be holding on to power with a slim majority in the legislature between them, chances are they will turn to the BC Liberals to supply the Speaker (standard in a minority government situation for the opposition to attempt to pick off another seat from the government by sending a member to the Chair). However, the individual elected as Speaker in BC must agree to actually take the job. A scenario could very well play out where the legislature is unable to elect a Speaker because no BC Liberal MLA will accept the job. The BC NDP and the BC Greens could offer up one of their own to be the Speaker, but in a tie between the government and the opposition following a vote on the Throne Speech, conventionally the Speaker would be compelled to vote in favour of the government. So it would break up the agreement regardless. If the legislature cannot elect a Speaker and thus cannot offer confidence to a ministry, the L-G would be compelled to dissolve the legislature and a new election would be called.

Final Word

I am probably going to pen an editorial on the topic shortly, but since we are going down the path of scenarios I will mention my thought-process briefly here. There is certainly nothing immediately wrong with the politicking that we are seeing right now in BC between the BC Liberals, BC Greens and BC NDP. This is how parliament works. But there are many other principles at play here. For example, a fundamental principle of parliament is stability and the continuance of the ministry. This is a strong aspect of parliamentary democracy, the fact that it is designed to withhold extreme changes back and forth in how government’s get formed and how the legislature props up or takes down said ministry. This is evident in the incumbency convention which dictates that the incument ministry remains in power until actually defeated in the legislature or upon resignation of the Premier. It is also evident in the convention that the Speaker sides with the government or more specifically the status quo. Nothing changing things quickly and limited dramatic moments are the centerpiece of the parliamentary system. What Andrew Weaver did by playing king-maker with a meagre three seats in the legislature is unparliamentary and unstatesmen-like. It is a power grab and an attempt to subvert the legitimate government in British Columbia. This is not to say that Weaver had to support the government, he didn’t, but he could have at least heard the Throne Speech, could have at least given Clark an honest go at governing in accordance with our conventions and the formation of parliament. Instead we get backroom deals and a king-maker who essentially lost the last election. I am the last person in line to call what is happening right now undemocratic, but I am first to label Weaver what he is: a power-hungry partisan politician.

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The Old House of Commons Chamber (1866-1916)

While I was browsing at the Astrolabe on Sparks Street two days ago (which, sadly, is closing down soon), I happened upon this neat photograph of the old Canadian House of Commons, taken in 1898, 18 years before the great fire destroyed the original Center Block and the Victoria Tower. Library and Archives maintains […]

via The Old House of Commons Chamber (1866-1916) — James Bowden’s Blog

Oral Questions / Question Period

Oral Questions, or Question Period as it has come to be unofficially called, is by far the most routinely watched and followed segment of the parliamentary day. It is during this daily 45 minute period that Members of Parliament are permitted to put oral questions to the government of the day and Ministers of the Crown are called upon to answer. Since Confederation, the period of time reserved for oral questions has evolved and now includes formal rules outlined in the Standing Orders of the House of Commons as well as through various Speaker Rulings throughout the history of the House of Commons. In this post we are going to examine the modern nature of oral questions, their historical significance and development over time.

Historical Development of Oral Questions

Leader of the Official Opposition, Rona Ambrose, asks a question to the PM during Question Period.
Leader of the Official Opposition, Rona Ambrose, asks a question to the PM during Question Period.

When Parliament first opened following Confederation, there were actually no provisions within the Standing Orders for oral questions. The only provisions for any sort of questions from MPs toward the government came in the form of written questions. Interestingly enough, the first recorded oral question took place without any formal guidance in place on 29 Nov 1867 (a full three weeks before any rules were formally written down, actually) when an oral question was posed to the Chairman of the Printing Committee. The inspiration for an oral question period came from the British House of Commons where the Prime Minister was subjected to questioning three times a week by MPs. It became a Canadianized practice during the legislatures of Upper and Lower Canada and eventually in the United Province of Canada prior to Confederation. It was not uncommon for MPs to put forward oral questions to Ministers of the Crown for urgent matters that required an answer within a timeline tighter than that of written question requirements. It was under this sentiment that Speaker Timothy Anglin made the first of a series of historical Speaker’s Rulings on oral questions when he said in 1878:

It is customary for hon. members to ask the Government for any special information between the various calls from the Chair for the day, before Notices of Motion or the Orders of the Day. I am not aware that any hon. member has a positive right even to do that; but I think he must confine himself entirely to asking the information from the Government, and he must not proceed to descant on the conduct of the Government.

But the 1940s a period of oral questioning had become an accepted part of the parliamentary day. However, there remained no official rules or guidelines covering their use and conduct. In 1944, the House procedures committee reviewed the practice of oral questions and concluded that it was “neither possible not advisable to do away with [oral questions].” However, the report from the committee was not accepted by the House of Commons and therefore was not actioned. This did not mean that oral questions went by the wayside, simply that the practise continued with little or no formal guidance in the Standing Orders of the House of Commons.

In 1964, the Speaker of the House of Commons attempted to enforce what was later viewed to be outdated rules concerning the conduct of oral questions and the formation of specific questions. This led to the formal codification of oral questions into the House of Commons Standing Orders. Thus Standing Order 37 was born which established a period of time for questions of an urgent nature to be put before the government. Under this new order, the Speaker had the power to determine that a question was not urgent enough to warrant an oral answer and could order the question sent to written questions. By 1975, a set timeframe for oral questions was established when a complete overhaul of the House of Commons routine business was conducted by the procedures committee. Since that time oral questions happen for 45 minutes each day at 2:15 pm EST Monday-Thursday and 11:15 am EST on Fridays, immediately following Statements by Members.

In 1974, Speaker Jerome established guidelines for questions during oral questions which were expanded and articulated in 1986 by Speaker Bosley. Bosley’s directions on oral questions remain the standard today for the conduct of this segment of business in the House of Commons. Speaker Bosley established four principles for the conduct of oral questions:

  1. The time is scarce and should, therefore, be used as profitably as possible by as many as possible.
  2. The public in large numbers do watch, and the House, recognizing that Question Period is often an intense time, should be on its best possible behaviour.
  3. While there may be other purposes and ambitions involved in Question Period, its primary purpose must be the seeking of information from the Government and calling the Government to account for its actions.
  4. Members should be given the greatest possible freedom in the putting of questions that is consistent with the other principles.

And adding to the ruling made by previous Speakers of the House of Commons, Bosley went on to articulate the principles, saying:

Mr. Speaker Jerome, in his statement 11 years ago, put his view with regard to the first principle of brevity so well that I would merely quote it:

“There can be no doubt that the greatest enemy of the Question Period is the Member who offends this most important principle. In putting the original question on any subject, a Member may require an explanatory remark, but there is no reason for such a preamble to exceed one, carefully drawn sentence.

“It is my proposal to ask all Hon. Members to pay close attention to this admonition and to bring them to order if they fail to do so. It bears repeating that the long preamble or long question takes an unfair share of the time, and invariably, in provoking the same kind of response, only compounds the difficulty.”

I agree with these comments and would add that such comments obviously also apply to answers by Ministers. I would also endorse Mr. Speaker Jerome’s view that supplementary questions should need no preambles; they should flow from the Minister’s response and be put in precise and direct terms without any prior statement or argument. It is the Chair’s view that it equally follows from the first principle, that time is scarce, that Members should seek to avoid merely repeating questions that have already been asked. I do not mean that other questions on the same subject should not be asked — as apparently I have been interpreted — just that subsequent questions should be other than ones already asked.

For similar reasons it has always been a fundamental rule of questioning Ministers that the subject matter of the question must fall within the collective responsibility of the Government or the individual responsibility of one of its Ministers. This is the only basis upon which Ministers can be expected to answer questions.

Beyond these few restrictions, there are a few other traditional restraints that flow from the principles above. Questions should relate to matters of some urgency and not be purely hypothetical. They should not seek a legal opinion or inquire as to what legal advice a Minister has received. They should not normally anticipate Orders of the Day. However, I hasten to add that there is normal exemption to that with regard to the budget process which I fully intend to honour. Members should be very careful with regard to questions or matters that are sub judice. Ministers should be questioned only in relation to their current portfolios and not in relation to any previously held responsibilities or Party responsibilities.

Since his ruling in 1986, Speaker Bosley remains the authority on determining the conduct of business during oral questions and has been cited by Speakers since as the foundation of our understanding of business during this segment of the parliamentary day.

Supplementary Questions

The development of oral questions over time also saw the introduction of supplementary questions– or follow-up questions. Today, the standard is that one question is asked and then the member who posed the original question has up to three supplementary questions to ask. There is very little formal guidance for these supplemental questions but in 1997, Speaker Parent articulated in a ruling that supplementary questions should be related to the topic of the original question. This has become somewhat outdated with the current practice of having a different member rise to ask a supplemental question, and little formal direction has come out as of late from the Speaker’s Chair. It is not uncommon to see the Leader of the Official Opposition and the leader of each respective opposition party to take advantage of all three supplementary questions following their initial line of questioning on the government, and occasionally we see backbench members following up on their original questions.

Adjournment Proceedings or The Late Show

In 1964, the procedures committee implemented a new practice each day called Adjournment Proceedings. Essentially, it became a half hour period at the end of each day initiated by a motion to adjourn the House for the day under Standing Order 37(3). The idea was that members who were not completely satisfied with answers on a given topic would have a chance to bring up the issue one more time at the end of the day. Since that time, three topics are given notice during the day to the Speaker that will be brought up during the Adjournment Proceedings– or Late Show. These topics are typically follow up items from issues that have arisen during the day or week. Ministers of the Crown typically do not attend the Late Show, however it is not uncommon for Parliamentary Secretaries to spar and follow-up with MPs on issues that arose during oral questions earlier in the day. This proceeding coupled with question period and the odd opposition day are essential the only periods of House business that the opposition can control away from the government. They are therefore even more important in majority government situations (such as the current parliament) as they give the opposition a forum to bring issues of the day to light. Most Canadians are not aware of the connection between Oral Questions and Adjournment Proceedings and almost every major media outlet does not give the Adjournment Proceedings the same level of attention and coverage as Oral Questions.

Answers During Oral Questions

The old parliamentary adage goes that oral questions are called “question period and not answer period for a reason.” And there is a lot of truth to this statement. When answering questions a Minister of the Crown has a handful of options available to them:

  • answer the question;
  • defer their answer;
  • take the question as notice;
  • make a short explanation as to why they cannot furnish an answer at that time; or
  • say nothing.
Since the introduction of televised debated in the House, Question Period has become theatrical with the tone and body language of questions playing a big role.
Since the introduction of televised debated in the House, Question Period has become theatrical with the tone and body language of questions playing a big role.

Most of the time the Minister chooses to answer the question, or if you were to ask the opposition, they chose to speak to the question, rather than give an answer. It has come up often times throughout any discussion on oral questions that there are virtually no mechanisms available to the Speaker to ensure that questions are answered. This was put on a fantastic show during the previous session of parliament when the Parliamentary Secretary to then Prime Minister Stephen Harper, Paul Calandra, refused to answer a direct question from the NDP and instead spoke about issues in the middle east. The NDP was out of line for pleading for the Parliamentary Secretary to answer the question at hand, and the Speaker was left powerless to watch the House devolve into a circus as a result of Calandra’s poor answers. In the end, he apologized to the House and all was made well but not before an attempt was made by the opposition to have the Speaker rule that answers should have substance. In his ruling, Speaker Scheer outlined the guidelines handed down since 1867 and explained to the House the limits that the Speaker had in holding the government to account in answering questions to the satisfaction of the opposition. And with that statement he hit the crux of the issue on the head; by what metric would a Speaker determine that a question has been adequately answered? If the opposition is the benchmark, in other words a question if answered only when the opposition is happy with it, than we are entering into the realm of political and the debate of facts, which is not the place of the Speaker to determine but of the whole House.

There is little in the way of guidance for answers however the following three principles have arisen out of Speaker’s Rulings on the subject:

  • no particular Minister is compelled to answer a particular question, even if that question was directed to a particular Minister in the statement,
  • no MP can insist on the answer and no point of order can be raised on the grounds that a question was not answered satisfactorily
  • the content of answers is considered a debate about facts and thus within the realm of the entire House and not the Speaker to rule when is in order and out of order

Questions and answers in the House of Commons are subject to all other Standing Orders and Speaker’s Rulings, meaning that language must always be parliamentary in nature (cannot call someone a liar, for example) and questions must be directed to the Speaker and not individual members. Additionally, the following guidelines on what questions should not be asked have been established over time based on existing Standing Orders and past Speaker’s Rulings:

  • be a statement, representation, argument, or an expression of opinion;
  • be hypothetical;
  • seek an opinion, either legal or otherwise;
  • seek information which is secretive in its nature, such as Cabinet proceedings or advice given to the Crown by law officers;
  • reflect on the character or conduct of Chair Occupants, members of the House and of the Senate or members of the judiciary;
  • reflect on the Governor General;
  • refer to proceedings in the Senate;
  • refer to public statements by Ministers on matters not directly related to their departmental duties;
  • address a Minister’s former portfolio or any other presumed functions, such as party or regional political responsibilities;
  • be on a matter that is sub judice;
  • deal with the subject matter of a question of privilege previously raised, on which the Speaker reserved his decision;
  • create disorder;
  • make a charge by way of a preamble to a question;
  • be a question from a constituent;
  • seek information from a Minister of a purely personal nature;
  • request a detailed response which could be dealt with more appropriately as a written question placed on the Order Paper; or
  • concern internal party matters, or party or election expenses.

Conclusion

The inspiration of this post came from comments made by a Liberal Minister concerning questions related to the Liberal cash for access scandal currently before the government. There were significant questions on the subject during question period, and the Minister was commenting on the fact that the way she understood the guidelines, such questions were not in line (see: concern internal party matters, or party or election expenses, above). It could be argued however that the questions concerned the conduct of government, and not the Liberal party specifically.

As mentioned earlier, question period is the most watched and most engaging aspect of the parliamentary day. It’s importance within the Canadian political culture cannot be understated, however given it’s importance it is alarming how little the average Canadian knows about the conduct of question period. Opposition leaders are often measured in their capability within the job against their performance in the House of Commons, Ministers of the Crown conversely are measured in their capability through their answering and performance during question period. It is an essential element of our democracy in Canada.

Bills C-1 and S-1

You may have already noticed that bill C-1 and S-1 are not located anywhere in the Status of Government Legislation posts featured on this blog. There is actually a good and very interesting reason for this. In this post we will examine the practical purpose of bills C-1 and S-1 in each session of Parliament and briefly review the historical perspectives of these bills.

Each session of Parliament begins with the formal opening of said Parliament with a Speech from the Throne delivered by the Governor-General on behalf of the reigning Monarch (monarchs have delivered this speech in Canada on various occasions) in the Senate Chamber. However, before the session begins, before all of the MPs make the trek from the House of Commons to the Senate and before all of the Senators and Justices of the Supreme Court take their seats before a filled regal chair in the Senate Chamber the entire Parliament is summoned by the Governor-General on the advice of the Prime Minister. The summoning of Parliament is a formal requirement in accordance with our constitution and established conventions on the opening of a session of parliament. The Summons itself is a Crown prerogative that on convention is exercised on the advice of the Prime Minister and is the literal formation of a particular Parliament by the Crown-in-Canada. This fact is important, the formation of our democratically elected House of Commons and appointed Senate into a particular Parliament with all of the powers, authorities and privileges required to conduct the democratic will of Canadians is rested upon the ordering of certain persons to Ottawa by the Crown. The glaring authority of the Crown in the formation of Parliament is made obvious in the direction the Crown gives to the Usher of the Black Rod to collect Members of Parliament from the House of Commons and summon them, on their feet before the Bar of the Senate, to listen to the Crown’s priorities and objectives for the government and the upcoming parliamentary session.

The Prime Minister proposed bill C-1 in the House of Commons. CBC News.
The Prime Minister proposes bill C-1 in the House of Commons following the Speech from the Throne. CBC News.

At the end of the Speech from the Throne, MPs return to the House of Commons and Senators continue business in the Senate. In the House of Commons bill C-1 is normally proposed by the Prime Minister and is titled An Act respecting the Administration of Oaths of Office. In the Senate, bill S-1 is proposed by the Senator representing the Government and is titled An Act relating to Railways. Each bill is considered to be pro forma, in that their mere form represents the historical purpose of the proposed legislation. Each is given a first reading and then is never moved again. And each bill has nothing to do with the title, in fact in recent times the bill itself it not even printed or published. But they are arguably the most important pieces of legislation in each session of parliament. These bills represent the automous nature of Parliament and specifically of each House of parliament. Regardless of what reason the Crown gives in the Senate during the Speech from the Throne for why the Parliament has been summoned and regardless of what priorities the Crown has established for the Government, both Houses assert their independence and ability to set their own business. Without these bills, the Houses may be compelled to conduct only business strictly related to that outlined in the Speech from the Throne, or at least historically that would have been the case.

Each bill is a carry over practice from the British Parliament. In the UK, each session of Parliament begins with the presentation of the Speech from the Throne (albeit with the actual reigning Monarch) and when MPs return to the House of Commons, the government presents C-1, the Outlawries Bill. Like our own C-1 and S-1, the bill is read a first time and then never again dispensed with during the session. Rarely is the bill printed today. And just like the Canadian custom, the bill signifies the independence of Parliament from the Crown. During a review of House of Commons practice in 2002, the Procedure Committee reviewed the practice and determined that it had historical significance with little impact on other business and therefore had no reason to be removed from practice.

You will not see bill C-1 and bill S-1 on the Status of Government Legislation series on this blog because there is little reason to list it constantly in Second Reading in the House of Commons and the Senate respectively. However, that does not undermine their importance. Bills C-1 and S-1 are a constant reminder of the independence of parliament and the democratic authority that we mandate to our elected representatives in Ottawa. Their importance in a free and democratic society cannot be overstated.

http://data2.collectionscanada.gc.ca/ap/a/a033986.jpg

Canadian Icons in Parliament

Parliament Hill is one of the most beautiful seats of government in the world. The transformation of Ottawa from a back-water logging town, miles away from anything of any importance in early Canada, has been carefully crafted to create a city that reflects the diverse and unique culture and history of Canada. In particular, icons in and around the Parliament Buildings, including within the House of Commons and Senate chambers, present to Canadians a stunning visual history of their roots and aspirations in the formation of a country forged out of distant New World colonies and vast wilderness. In this post we will explore Parliament Hill and learn about the history and intent of icons which have been crafted around the Parliament Buildings.

Parliament Hill

http://www.sending-postcards.com/2012_08_01_archive.html
The Centennial Flame was lit 1 Jan 1967 to commemorate the start of celebrations to mark the 100th anniversary of Confederation in Canada.

The Centennial Flame was lit on 1 January 1967 to mark the 100th anniversary of Confederation at the start of the year. It was lit in the presence of then Prime Minister Leaster B. Pearson. The monument is in the form of a flame that burns above a fountain that is lined with the coat of arms of all 10 provinces in Canada. It was envisioned by the federal government and contracted as a joint venture with the provinces in order to honour the provinces uniquely during the centennial celebrations. It has become tradition in Canada for Canadians visiting Parliament Hill to toss coin change into the fountain for good luck. The money collected through this is deposited in a government account and funds the Centennial Flame Research Award which is given “to a person with a disability to enable him or her to conduct research and prepare a report on the contributions of one or more Canadians with disabilities to the public life of Canada or the activities of Parliament.” The Centennial Flame is often mistakenly called the eternal flame. The flame however is not eternal and is often extinguished in bad weather (common in Ottawa) or for routine maintenance– interestingly, however, the fountain does not freeze during winter because of the heating from the flame slightly above the waterline.

https://en.wikipedia.org/wiki/Peace_Tower
The Peace Tower was build in remembrance of Canadians who gave their lives during the First World War and has extended to all Canadians who have died serving their country.

The Peace Tower that dominates Centre Block is probably one of the most recognizable features of Parliament Hill and Ottawa as a whole. The tower is 92.2 m tall and features approximately 370 gargoylesgrotesques, and friezes which are common in the Victorian High Gothic style of the Parliamentary precent. After the fire that took the original Centre Block in 1916, the creation of a memorial at the end of World War I coincided, and a tower for the facade of the new Centre Block was conceived. It was officially unveiled in 1922. Within the tower, above the porte-cochere, there is a memorial to all who died during the First World War called the Memorial Chamber. It is a valued 7.3 by 7.3 metre space with tall stained glass windows and the floor is made up of brass plates from shells used during the war. Near the peak of the Peace Tower is a 53-bell carillon that was dedicated to the commemoration of the 1918 armistice that ended World War I and was inaugurated on 1 July 1927, the 60th anniversary of Confederation. The Peace Tower was the first location that the new maple leaf Canadian Flag was flown above Parliament Hill on 15 February 1965.

https://en.wikipedia.org/wiki/Library_of_Parliament
The Library of Parliament is the oldest part of Centre Block and extends its institutional history to the 1870s.

The Library of Parliament is the oldest part of the Centre Block as a result of a quick thinking clerk closing the giant bronze doors that separate it from the rest of the building during the fire in 1916. The design of the library was inspired by the British Museum Reading Room and is formed circular in the form of a chapter house. It is separated from Centre Block via the Hall of Honour. The roots of the Library go back to the 1790s when the legislatures of Upper and Lower Canada established libraries along the lines of the UK parliament. With the uniting of the two regions under the United Province of Canada the libraries were merged and continued through Confederation in 1867. The Library features Hansard records from almost every legislative assembly in Canada, periodicals for MPs and Senators and significant state reports and publications. Since 1870 there have been only eight Parliamentary Librarians.

Centre Block

https://en.wikipedia.org/wiki/File:Architecture_of_Canadian_Parliament.jpg
The entire Centre Block is organized around Confederation Hall.

When entering Centre Block from the main entrance and walking through the porte-cochere of the Peace Tower one immediately enters Confederation Hall. The entire Centre Block is arranged symmetrically around Confederation Hall and the columns and stone work that dominates the walls and vaulted ceiling present a bold and confident entrance for the seat of government. The arcaded arches are topped by gables sculpted to commemorate the confederated nature of Canada and they support one side of the hall’s fan vaulted ceiling with carved bosses, while the other side rests on a single column in the centre of the room. This column is borne on a stone carved with an image of Neptune amongst sea lions and fish in a mythical sea. It was placed at noon on 2 July 1917, to mark the 50th anniversary of Confederation, and above it was carved the words:

1867 JULY 1917 ON THE FIFTIETH ANNIVERSARY OF THE CONFEDERATION OF BRITISH COLONIES IN NORTH AMERICA AS THE DOMINION OF CANADA THE PARLIAMENT AND PEOPLE DEDICATE THIS BUILDING IN PROCESS OF RECONSTRUCTION AFTER DAMAGE BY FIRE AS A MEMORIAL OF THE DEEDS OF THEIR FOREFATHERS AND OF THE VALOUR OF THOSE CANADIANS WHO IN THE GREAT WAR FOUGHT FOR THE LIBERTIES OF CANADA, OF THE EMPIRE AND OF HUMANITY.

https://upload.wikimedia.org/wikipedia/commons/thumb/f/f2/Hall_of_Honour-Centre_Block-Ottawa.jpg/1920px-Hall_of_Honour-Centre_Block-Ottawa.jpg
The Hall of Honour lies along a north-south axis from the Confederation Hall to the Library of Parliament.

Running along a north-south axis from Confederation Hall to the Library of Parliament is the Hall of Honour. This passageway serves as the corridors where the Speakers of both Houses of Parliament traverse during the Opening of Parliament and the start of each new sitting of Parliament. It is also the location of laying persons receiving state honours for funerals. The hall is bisected by small, vaulted corridors, the east one leading to a committee room, and the west to the old reading room; the latter is known as the Correspondents’ Entrance, as it is lined with bosses and label stops sculpted by Cléophas Soucy between 1949 and 1950 into the visages of ten notable parliamentary correspondents: Charles Bishop, Henri BourassaJohn Wesley DafoeJoseph HoweGrattan O’LearyFrank OliverJohn Ross RobertsonPhilip Dansken RossJoseph Israël Tarte, and Robert S. White. he Hall of Honour was intended to be a gallery where statues of notable Canadians would be arranged in the niches along each side. That plan was later abandoned in favour of a more general purpose of commemorating the 1916 fire, as well as honouring those who participated in the Great War. The sculptures remain incomplete; only the north end, closest to the Library of Parliament, has completed carvings.

House of Commons

https://en.wikipedia.org/wiki/Centre_Block#/media/File:Commons-doorway.jpg
The entrance of the House of Commons as seen from the foyer of the House of Commons.

Centre Block houses both Houses of Parliament. The House of Commons is located in the west side of the building and the Senate is located in the east. The foyer of the House of Commons is accessed via the South Corridor of Confederation Hall. The threshold of the House of Commons features a large ornately carved wooden double door. This is one of the most public spaces within parliament (aside from the House of Commons chamber itself) and is a common feature of news broadcasts across Canada during scrums following significant events within the Commons chamber. It was also a personal favourite location for Prime Minister Stephen Harper to conduct official government announcements. On either side of the entrance are wooden coat lockers for Members of Parliament.

The building’s western wing contains the House of Commons chamber, along with its antechamber and lobbies for the government and opposition, on the east and west sides of the main commons space. The doors to all are of white oak trimmed with hand-wrought iron.

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The Chamber of the House of Commons is adorned in green similar to that of the UK Parliament.

The chamber is 21 metres long, 16 metres wide, and has seats for 320 members of parliament and 580 persons in the upper gallery that runs around the room’s second level. The overall colour scheme is in green—visible in the carpeting, bench upholstery, draperies, paint within the gilded honeycomb cork plaster work of the cove, and the stretched linen canvas over the ceiling—and is reflective of the colour used in the House of Commons of the United Kingdom since at least 1663. That canvas, sitting 14.7 m above the commons floor and designed in 1920 by the New York decorating firm Mack, Jenney and Tyler, is painted with the heraldic symbols of the Canadian, provincial, and territorial coats of arms, with medallions at the intersections of diagonal stencilled bands in an argyle pattern. Running below this, and above the cove, is a continuous gold leaf cornicecreated in 1919 by Ferdinand Anthony Leonard Cerracchio (1888-1964), which displays a row of gilt figures, broken at the peak of each pointed arch by cherubs holding a cartouche, and behind all of which runs a painted grapevine with Tudor roses.

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The ceiling of the House of Commons Chamber is decorated with a magnificent linen canvas, richly painted. The design includes heraldic symbols from the Canadian, provincial and territorial coats of arms, inserted in medallions at the intersections of diagonal stencilled bands.

On the floor, the opposing members’ benches are spaced 3.96 m apart on either side of the room, a measurement said to be equivalent to two swords’ length, harkening back to when English members of parliament carried swords into the chamber. Directly between, directly opposite the main door, on the chamber’s axis, is the speaker‘s chair, made in 1921 by the English firm of Harry Hems as an exact replica of that in the British House of Commons. It is topped by a carved wood canopy bearing a rendition of the royal coat of arms of Canada sculpted in wood from the roof of the Westminster Hall, which was built in 1397; the whole was a gift from the British branch of what is today the Commonwealth Parliamentary Association. The chair has since been augmented with a hydraulic lift, lighting, writing surfaces, and, at the foot of the chair, a television screen and computer screen to aid the speaker in monitoring the process of the house. Behind the chair is a door that gives the speaker access to the speaker’s corridor, which links the commons chamber to the speaker’s chambers, and which is lined with portraits of past speakers of the House of Commons.

In the commons chamber’s east and west walls are 12 windows topped by pointed arches with hood moulds terminated by pendant drops. The glazing within is stained glass, commissioned as a Centennial Project in 1967 by then Speaker of the House of Commons Lucien Lamoureux. Each window contains approximately 2,000 pieces of hand-blown glass—created in Ottawa by Russell C. Goodman using medieval techniques—arranged in a Decorated Gothic style pattern designed by R. Eleanor Milne. Divided into four sections by stone mullions, the upper parts contain geometrical tracery and provincial and territorial floral emblems amongst ferns; in the tracery at the head of the windows are symbols extracted from the coats of arms of the provinces and territories.

http://www.parl.gc.ca/About/House/Collections/heritage_spaces/chamber/stone/bna-e.htm
The British North America Act series: a work in progress at the Sculpture shop, Plouffe Park, 1980.

As with other areas of the Centre Block, the commons walls are enriched with shafts, blind tracery, friezes, and a sculpture programme. The room was the last space in the building to be carved, with sculptural work only beginning in the late 1950s and continuing intermittently for the following two decades; approximately 225 blocks of varying sizes still remain uncarved. Amongst the work done are three series of stone works: The British North America Act, a set of 12 high reliefs on the east and west walls of the chamber, carved between 1978 and 1985, and illustrating through symbols and narrative themes associated with the federal and provincial responsibilities laid out in the British North America ActEvolution of Life, a series of 14 sculptures within the spandrels of the pier-arches at the north and south ends of the House of Commons, depicting Canada’s palaeontological past and the evolution of humanity through philosophy, science, and the imagination; and Speakers and Clerks, comprising four heads carved on the jambs of the two doors on either side of the Speaker’s chair, depicting the speakers and clerks of the House of Commons at the time of the opening of both parliament buildings in 1867 and 1920, respectively.

Senate

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The Diamond Jubilee Window in the Senate Foyer.

To the Senate’s immediate south is the Senate foyer, a double height space surrounded by a double layered colonnade, the inside ring of attached shaft columns rising to the ceiling and the outside ring of rose coloured limestone columns supporting a second floor gallery. Within the stonework are sculpted depictions of important figures in pre-Confederation Canada, as well as self-portraits of the sculptors who fashioned the stone. A number are dedicated as the Sovereigns’ Arches, with corbels sculpted into depictions of Canada’s monarchs; the latest addition being that of Queen Elizabeth II, unveiled on 9 December 2010. The entire ceiling is of a Tudor style stone tracery filled with stained glass depicting royal emblems, such as provincial coats of arms, as well as symbols of First Nations and the names of all the speakers of the Senate up until the ceiling’s installation in 1920. Above the exterior entrance into the foyer is a stained glass window commemorating the Diamond Jubilee of Queen Elizabeth II. Designed by Christopher Goodman and Angela Zissoff of KelownaBritish Columbia, with input from the Speaker of the SenateNoël A. Kinsella, and the Canadian Secretary to the Queen and Usher of the Black Rod, Kevin MacLeod, and approved by the Queen, the window shows Elizabeth and Queen Victoria with their respective royal cyphers and renditions of the Centre Block during the reign of each monarch. A gift to the monarch from the Senate, it was constructed over six weeks from 500 pieces of machine made and mouth-blown glass from France, the United Kingdom, Germany, and the United States. The Queen unveiled a model at Rideau Hall on 30 June 2011 and, after the finished piece’s installation, the window was dedicated by Governor General David Johnston on 7 February 2012.

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The Senate Chamber is adorned in red similar to the House of Lords in the UK Parliament.

In Centre Block’s east wing is the Senate chamber, in which are the thrones for the Canadian monarch and her consort, or for the federal viceroy and his or her consort, and from which the sovereign or the governor general gives the Speech from the Throne and grants Royal Assent to bills passed by parliament. The senators in the chamber who belong to the governing party sit to the Speaker of the Senate‘s right and the opposition sit to the speaker’s left.

The Senate chamber’s overall colour is red, seen in the upholstery, carpeting, and draperies, and reflecting the colour scheme of the House of Lords in the United Kingdom; red was a more royal colour, associated with the Crown and hereditary peers. Capping the room is a gilt ceiling with deep octagonal coffers, each filled with heraldic symbols, including maple leaves, fleurs-de-lis, lions rampantclàrsachWelsh Dragons, and lions passant. This plane rests on six pairs and four single pilasters, each of which is capped by a caryatid, and between which are clerestory windows. Below the windows is a continuous architrave, broken only by baldachins at the base of each of the above pilasters.

On the chamber’s east and west walls are eight murals depicting scenes from the First World War. Painted in between 1916 and 1920, they were originally part of the more than 1,000 piece Canadian War Memorials Fund, founded by the Lord Beaverbrook, and were intended to hang in a specific memorial structure. But the project was never completed, and the works were stored at the National Gallery of Canada until, in 1921, parliament requested some of the collection’s oil paintings on loan for display in the Centre Block. The murals have remained in the Senate chamber ever since.

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Gold leaf and painted coffers of the Senate chamber ceiling.

Edgar Bundy‘s Landing of the First Canadian Division at Saint-Nazaire, 1915, depicts the first landing of Canadian troops in France, at Saint-Nazaire, led off the Novian by the pipe band of the Black Watch (Royal Highland Regiment) of Canada, and watched by officers, troops, and townspeople. Algernon Talmage painted A Mobile Veterinary Unit in France, showing a scene on the Cambrai front, where a Canadian Mobile Veterinary Unit is taking wounded horses to an evacuating station. Railway Construction in France was painted by Leonard Richmond to show the construction of a railway by the Canadian Overseas Railway Construction Corps, in the deepest trench in France. James Kerr-Lawson was commissioned by the Canadian War Memorials Fund to create both Arras, the Dead City—which depicts the ruins of Arras Cathedral as they were in 1917—and The Cloth Hall, Ypres, a painting of the destroyed, 600-year-old Cloth Hall in YpresClaire Atwood‘s On Leave documents (as battlefield scenes were thought inappropriate subject matter for female artists) the home front activities of the Canadian Expeditionary Force at a YMCA canteen in one of London‘s train stations as they await their train to the battlefrontThe Watch on the Rhine (The Last Phase) was painted by Sir William Rothenstein to symbolically represent the defeat of Germany, with a British howitzer facing across the Rhine, and old and new Germany embodied in the ancient hills and factory chimney. And Sir George Clausen‘s Returning to the Reconquered Land was painted to illustrate agricultural land behind the front lines in France and shows people returning to their destroyed homes following the armistice.

From Wikipedia.

Order Paper and Notice Paper

The Order Paper and Notice Paper is the most important published document from a legislative standpoint (see the first image). Both the Senate and the House of Commons produce the Order Paper and Notice Paper daily (we are just going to focus on the House of Commons right now). You can find the Order Paper and Notice Paper for the House of Commons here. This document contains two sections; the Order Paper and the Notice Paper. The Order Paper concerns the order in which the House will hear business (all per the Standing Orders, unless otherwise ordered) and presents an outline for business which the government intends to introduce (under the headings Business of Supply, Ways and Means, Government Bills (House and Senate) and Government Business (the specific of these headings are not important yet, we will deal with that in a later post). The Notice Paper is the bulk of the document as it contains the order in which Private Members’ Business, motions, written questions and government bills are presented (basically how the House decides what is going to be debated).

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Let’s take a look at Order Paper and Notice Paper No. 3 for the 1st Session of the 42nd Parliament of Canada. From this document we see that the House of Commons will be sitting a normal Monday routine. Further on in the document under Order of the Day we see that the government intends to debate the Reply In Address to the Speech from the Throne. We also get a little piece of information in that the Standing Orders grant six days of debate on this particular piece of business. You can also see a projection for the remainder of the week regarding the debate on this business. Government Orders has an interesting notice for the opposition concerning a Supply Day (otherwise known as an Opposition Day). The Standing Orders allocate a certain number of days broken down into three periods of the year for the opposition to present motions and control the flow of business in the House of Commons (see Standing Order 81). Because parliament has not been sitting for the full period ending 10 Dec 15, the President of the Treasury Board is indicating that the opposition will have one day this period (as per the Standing Orders) and it will be on 10 Dec 15, meaning we can expect an opposition motion of some sort on that day (or whatever else the opposition would like to focus the attention of the House on for that short period of time).

Cross-posted from Consumervoter.ca.

Committees of the Whole

During consideration on a particular bill or motion, it may be prudent for the House of Commons to resolve itself into a committee composed of all of the members of the House. These committees are known as Committees of the Whole and they have a unique purpose in the body of parliamentary procedure. Each time the House sits as a Committee of the Whole, a new committee of that particular session is formed, thus, over the span of a session many ad hoc Committees of the Whole can be formed.

A Historical Perspective

Committees of the Whole were borne out of the British parliamentary tradition of grand committees that started prior to the reign of King James I. These committees considered legislation that was brought before the House and it became practice to allow any member who was in attendance of these meetings to speak and be heard. It was during the reign of James I and Charles I in the mid-1600s that these grand committees became known as Committees of the Whole and procedures similar to what we have today in Canada were formalized in our parliamentary tradition. In their early days, Committees of the Whole were forums that were struck to debate bills of great interest. By forming a committee outside of the sitting of the House of Commons itself, ordinary members were afforded a greater chance of getting their questions heard and answered. More importantly, the removal of the Speaker and all officers of parliament who were viewed to have the interest of the King at heart, meant that members were given more latitude to discuss controversial subjects.

There is as little sense of reality in appointing a committee of sixty members as there is in having a Committee of the Whole of 265: it is hopeless to expect a committee of such size to accomplish any useful work. (W.F. Dawson, Procedure in the Canadian House of Commons, p. 209)

In Canada the colonies adopted the practices of the British House of Commons and thus Committees of the Whole were brought over. In Lower Canada, four grand committees were struck at the start of each session that covered four broad but important areas of government. Addresses to the Crown were often first proposed and debated in the Committee of the Whole. At Confederation, the Parliament of Canada adopted the procedures of the former Legislative Assembly of the Province of Canada which required that issues of taxation, trade or public revenue had to be first considered by a Committee of the Whole before any resolution or bill could be passed by the House of Commons.

From 1867 to 1968 there were three main committees of the whole House of Commons; the Committee of Supply, the Committee of Ways and Means and Committees of the Whole House. The House of Commons often resolved into the Committee of Supply to consider budgetary matters and supply estimates provided to the House by the government. In 1968 after a special committee was struck to review and revise the rules of the House of Commons, changes were made to the committee structure. Standing Committees would be formed at the start of each session with membership limited to a certain number of members and partisan representation being based on the composition of the House as a whole. The process of resolving into a Committee of the Whole for matters of routine legislation, which financial matters were increasingly being viewed as, was seen as too cumbersome and complex for the entire House. The new streamlined process saw most Committees of the Whole in Canada fall by the wayside. And by 1975, the only remaining committee composed of all members of the House of Commons is the Committee of the Whole itself.

Special Rules and Procedures

When the House resolves into a Committee of the Whole there are significant changes to the rules and procedures which govern that particular body. While Standing Order 101 clearly states that all rules and procedures of the House of Commons shall remain in force while the House is resolved into a Committee of the Whole, it goes on to further add that rules pertaining to the seconding of motions and the length of speeches do not apply while in a Committee of the Whole. In fact, one of the most attractive aspects about Committees of the Whole is that members are permitted to speak more than once and may speak for up to 20 minutes on a particular topic, provided it is relevant to the bill or motion at hand. The general decorum while in a Committee of the Whole is much less formal that when the House itself is in session. The Speaker, for example, is not present in the Chair and actually leaves the Chamber entirely while the committee is meeting. The Mace is moved from the Table to the bracket just below out of sight. Members are not required to stand in their place to speak (they may sit anywhere they like in the House) and often civil servants are brought to the floor of the House to assist Ministers or Parliamentary Secretaries during deliberations.

On 11 June 2008, Stephen Harper issued an apology to aboriginal Canadians for the role of the federal government in the residential school system. During this apology, the House resolved itself into a Committee of the Whole which allowed aboriginal leaders to be on the floor of the Chamber during the speech and as well to address members present following the remarks from the Prime Minister. This is an example of the differences between the House of Commons being in session and being resolved into a Committee of the Whole.

Procedures for Resolving into Committee

The rules and procedures regarding how the House of Commons resolves into a Committee of the Whole have changed over time. Today, an order in placed on the Order Paper for the Speaker to vacate the Chair and the House to resolve into a Committee of the Whole is carried out without debate or objection. Once read in the House at the appropriate time, the Speaker simply gets up and leaves the Chair and the Chamber. The Sergeant-at-Arms will move the Mace from its place at the Table to the bracket just underneath the Table and all of the Officers of Parliament will vacate the Chamber. The Deputy Speaker, or more accurately, the Chair of the Committee of the Whole takes their place at the end of the Table (where the Clerk of the House of Commons typically sits) and the Speaker’s Chair is left vacant. The image of a vacant Speaker’s Chair and the Table will no Mace present is a sign that the House of Commons is no longer in formal session and has resolved into a Committee of the Whole. Individual members may also begin moving about the House at this time. It is not uncommon for the minister or parliamentary secretary relevant to the particular item being considered to take a seat along the front bench where government members normally sit. It is also not uncommon for civil servants to be escorted into and out of the Chamber during this time to assist ministers or parliamentary secretaries during the meeting of the committee.

When an Order of the Day is read for the House to go into a Committee of the Whole or when it is ordered that a bill be considered in a Committee of the Whole, the Speaker shall leave the Chair without question put. (House of Commons Standing Order 100)

A quorum of 20 members is required for the committee to sit. The quorum must be present when the House resolves itself into committee and during the entirety of the meeting. If at any time a member rises to draw to attention to a lack of quorum, the Chair will count members present and if a quorum is not met they will vacate the chair and report the status to the Speaker. The Speaker will take their chair and the Chair of the Committee of the Whole will report to the Speaker that a quorum is not present. If at this time the Speaker sees that there still is no quorum present than they will order the bells rung. If after 15 minutes of the bells ringing quorum has not been met than the House and committee will adjourn for the day and the proceedings will resume where they left off the following day.

Conduct of Debate

There are four unique characteristics of a Committee of the Whole in contrast to the rules and procedures in place when the House of Commons is in session. First, the rules of motions and the seconding of motions is different. No motion from the Committee of the Whole requires a seconder and motions may only be withdrawn by the mover or by unanimous consent of the committee. Second, members may speak more than once and, third, members may speak for up to 20 minutes with the exception of the Prime Minister and Leader of the Opposition who have unlimited time to speak, if they wish. And lastly, members are not required to be in their place during the meeting of the committee and often move about the Chamber during the meeting.

(1) The Standing Orders of the House shall be observed in Committees of the Whole so far as may be applicable, except the Standing Orders as to the seconding of motions, limiting the number of times of speaking and the length of speeches.

(2) Speeches in Committees of the Whole must be strictly relevant to the item or clause under consideration.

(3) No Member, except the Prime Minister and the Leader of the Opposition, shall speak for more than twenty minutes at a time in any Committee of the Whole. (House of Commons Standing Order 101)

When the Committee of the Whole is interrupted to permit the House of Commons to carry on with routine proceedings (for example, Oral Questions), the Chair will simply vacate their seat and the Speaker will resume the Chair. Once in place, the Chair reports the status of the committee to the Speaker and requests leave for further time to deliberate. The scheduling of Committees of the Whole is generally conducted by the Speaker in consultation with the House Leaders from each political party (with strong input from the majority leader). Once the Speaker takes the Chair and the Mace is moved back to the Table than the House of Commons resumes its sitting and carries on with proceedings.

If debate is required to be extended for any reason, members may not move such a motion without notice as in the House of Commons. Rather, notice must be given so that the Chair can make arrangements to report the status of the committee to the Speaker of the House of Commons. Any request for debate extension must go through the Speaker of the House of Commons who is responsible for committees of the House.

Voting within the Committee of the Whole is first done by voice. If the Chair hears no objection to a bill or motion than it is deemed passed without opposition. Any member may request a standing vote. The standing vote is done differently than in the House of Commons because a members name is not recorded in divisions. Members are not necessarily in their place, they simply rise where they stand on the division they wish and they are counted out-loud by the Chair. At the end of the count the matter is either affirmed or negatived and the committee moves on the next item of business. Typically the Chair does not vote in Committees of the Whole but may do so in order to break up a tie between the committee in the same fashion as the Speaker in the House of Commons (that is in such a way as to maintain the status quo).

Modern Application

Committees of the Whole are used in the modern Canadian parliament to debate matters of particular importance which may require input from members beyond what would be permitted in the Standing Committee model. The desire to resolve into a Committee of the Whole is generally started by the government or opposition House Leader and is added to the Order Paper as required. Committees of the Whole have also been used to allow the government to make an announcement and allow members of the public to address the Chamber. It is not uncommon to see orders for the House to resolve into a Committee of the Whole in the consideration of controversial legislation or main estimates or to conduct a less formal take-note debate on a particular subject.

Photo credit: Prime Minister Stephen Harper addresses the Committee of the Whole while aboriginal leaders listen on the floor of the House of Commons. Buzzfeed.