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Decentralized Democracy

House Hansard - 319

44th Parl. 1st Sess.
May 28, 2024 10:00AM
  • May/28/24 12:54:37 p.m.
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Madam Speaker, it brings us no joy to speak on a matter like the one we are seized with today, but we must do it, because the Speaker's role is important. The Speaker's job is to maintain order in the House of Commons. He must ensure members do not cross the floor to hit each other, as we have seen in other parliaments. He must make impartial decisions about the operation of the House of Commons. Today, we are once again debating the Speaker's impartiality. I would like to provide a little historical background, if I may. We inherited Britain's parliamentary monarchy. The first Speaker was either Sir Peter de la Mare, in 1376, or Sir Thomas Hungerford, in 1377. Back then, the Speaker was considered as much the King's man as the servant of the House. It was not until 1642 that the Speaker broke with the Crown, when Speaker William Lenthall stood up to Charles I as the King sat in the Speaker's chair, demanding the heads of five parliamentary leaders. Despite threats, Speaker Lenthall stood up to the King, thereby cleaving his role from the Crown. After this, the speakership was still an appointment coveted by the parties in power, since it gave them extra leverage to promote their ideas and ideals. Only in 1728, when Arthur Onslow became Speaker, was the role severed from the party in power and shifted toward impartiality with the establishment of the first standards of independence and impartiality, which are still associated with the role today. By the time Charles Shaw-Lefevre became Speaker in 1839, the principle that the Speaker should abstain from all political activity was already firmly established. Unlike the United Kingdom, Canada was not obliged to waste much time debating the Speaker's role, since it was spelled out in the Constitution of 1867, the British North America Act. Apparently, not everything was covered, since we are now in a grey area that the rules did not account for. Now, I would like to talk a little about the impartiality that the Speaker should show. The authority and duties of the Speaker of the House of Commons arise largely from the Constitution and the written rules of the House. Page 317 of Bosc and Gagnon's House of Commons Procedure and Practice, third edition, reads as follows: The duties of the Speaker of the House of Commons require the balancing of the rights and interests of the majority and minority in the House to ensure that public business is transacted efficiently and that the interests of all parts of the House are advocated and protected against the use of arbitrary authority. It is in this spirit that the Speaker, as the chief servant of the House, applies the rules. The Speaker is the servant, neither of any part of the House nor of any majority in the House, but of the entire institution and serves the best interests of the House as distilled over many generations in its practices. Despite the considerable authority of the office, the Speaker may exercise only those powers conferred upon him or her by the House, within the limits established by the House itself. In ruling on matters of procedure, the Speaker is expected to adhere strictly to this principle, delineating the extent of the Speaker’s authority and in some cases offering suggestions as to matters which the House may see fit to pursue. Still according to Bosc and Gagnon, it states on pages 323 and 324 of House of Commons Procedure and Practice: When in the Chair, the Speaker embodies the power and authority of the office, strengthened by rule and precedent. He or she must at all times show, and be seen to show, the impartiality required to sustain the trust and goodwill of the House. In order to protect the impartiality of the office, the Speaker abstains from all partisan political activity.... My colleague has already mentioned a few examples. We see there is a flaw in the Standing Orders when it comes to situations like the one we are dealing with right now, specifically, when activist and partisan activities have taken place outside the House. True, six days after the activity in which the Speaker took part, the Liberal Party said that the press release was its fault and that the Speaker was in no way involved. I seriously question how this party operates and the kind of planning it does. Certainly the Speaker has a right to thank the party's volunteers. Personally, I would have waited for a time when the House was not in session, such as the Quebec's national holiday, or Saint-Jean-Baptiste Day for francophones, or even July 1. Then impartiality would have been respected. That said, the Liberal Party sent a press release without even asking authorization from the person concerned regarding the wording. They did it without even asking the team in that riding if it was really what they wanted to disclose, if it was cautious or proper. The party sent press releases about its own MPs and, in this case, about an MP who is Speaker of the House of Commons. However, they did not inform and or consult MPs on the contents of that press release. Apparently some parties are more democratic than others, because I have always been informed about the content of press releases. When I did not agree with the content of a press release, it was changed. The same applies for all my colleagues. Perhaps this is something that needs improvement. It is the fault of the Liberal Party, of the party organization. As I was saying, we can ask questions about the timing of the activity, about any follow-up, about how no one monitored the contents of the publication, about how the party did not consult its own MPs before publishing something and about how the team of the member for Hull—Aylmer failed to follow up to ensure that its own press release could be used instead of the party's highly partisan release. Apparently, the member for Hull—Aylmer's team did prepare a press release. In closing, the current question pertaining to the House's confidence in the Speaker arose not only as a result of a highly partisan press release from the Liberal Party of Canada, at a time when the Speaker was still sitting, when he could have waited to do another activist activity, but also as a result of the decision that he made and that openly raises the question of partisanship. Had the same event been held when the House was not sitting, it would not have created the problems it is creating now. An impartial Speaker is essential to the functioning of the House of Commons. The impartiality of this office must be so complete that every time the Speaker opens his or her mouth, no member should be able to recall which party the Speaker comes from. That is what full and total impartiality and neutrality look like. As things stand now, unfortunately, that is not the case with this Speaker. When he makes a decision, between 44% and 45% of the members of the House wonder whether the decision is truly impartial. No one should ever have to wonder about that, regardless of which side of the House they sit on.
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  • May/28/24 1:05:01 p.m.
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Madam Speaker, I would have liked my full remarks to be taken into account. I mentioned, and I even repeated it a few times, that the Liberal Party had erred, not just by sending a hyper-partisan release but by failing to ask the member or his team for authorization as to the content. I also mentioned that a mistake had been made, in that no one followed up and it took six days before someone woke up. Apologies are fine, but I will use the analogy of a Kleenex box to illustrate my point. Someone takes a pin and pokes hole after hole in the Kleenex box. At some point, someone apologizes, so each of the holes is plugged. When all is said and done, has my box of Kleenex been fixed? The answer is no. The same is true of confidence.
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  • May/28/24 1:06:46 p.m.
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Madam Speaker, I will again use an analogy to explain how apologies are no cure-all. This will be in response to my colleague`s question. If I take a sheet of paper and crumple it up, this represents all the harm, all the mistakes, all the ethics breaches and all the lack of judgment a person is guilty of. Then, each time the person apologizes, I try to flatten out the sheet of paper so that it reverts to its original shape. The paper will still be creased all the same. That is what is happening. People will remember, and here in the House, we remember that despite the 3, 4, 5, 6, 7 or 8,000 apologies and some $500 fines here and there, the sheet of paper remains creased and the confidence is still gone.
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  • May/28/24 1:08:34 p.m.
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Madam Speaker, are we attacking the Speaker personally? No. We are just trying to ensure that the person in that role is impartial and neutral and that we do not have to wonder, every time the Speaker opens his mouth, whether his decision is impartial or neutral. This is not a personal attack. I really like the member for Hull—Aylmer. However, he is not doing so well in his current role. We are not working with the Conservatives. We respect our values and decorum.
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