At the time this article was written Gordon
Mackintosh was Deputy Clerk of the Manitoba Legislative Assembly.
From a cursory examination of Manitoba's
early legislative Journals it would appear that when the tiny new province came
suddenly into the mainstream of the British parliamentary system, it was to be
a true copy of the archetype. The bewildering lingo and offices of the
Westminster model were pervasive, the rules similar, the forms
"correct." Further, the local press proudly commented that the
Legislative Assembly's debut had "a completeness and dignity which were
creditable to our young province." Yet, Sir Thomas Erskine May or John
Hatsell would surely wonder what hybrid tradition was to be born of a
legislature convened in a rented log house, symbolized by a wooden Mace made of
an oxcart hub and a flagpole, and attended by members in open-necked flannel
shirts!
Strangers to a Parliament
Until its sudden creation in 1870,
representative and responsible government was virtually foreign to Manitoba.
One aberrant experiment is noteworthy. In 1868 an ambitious inhabitant of
Portage la Prairie, an isolated settlement on the Assiniboine River, convinced
the community to establish a "Republic of Manitobah". He declared
himself "President", wide boundaries were defined, a customs tariff
imposed for a jail and some public works and a "Council" selected.
When the "Republic" sought recognition from the Imperial Government,
a quick repudiation was sent to the "President". It was already
dissolved however. An infuriated settler let a gunshot warn the
"President" of the results of further taxation and the imposition of
his government.
The only significant experience with
government institutions was to the east. Within a 50 mile radius of the
junction of the Red and Assiniboine Rivers, a community of fur traders, church
officials, farmers and a few independent merchants lived under the aegis of a
private trading organization, the Hudson's Bay Company. The area had been known
as "Assiniboia," a small district defined within the vast and generally
unsettled Rupert's Land, a territory granted by charter to the Company. It was
an outpost of the British Empire, a relatively insular society of 12,000
settlers; half Protestant, half Catholic; half Anglophone, half Francophone.
Most were born there, either as Métis (French half-breeds) or English and Scots
half-breeds. Only a few of the estimated 13,000 area Indians lived in the
community and, of the 1,500 whites, most were born in Assiniboia. A few had
migrated from Britain, America or Canada.
The basic provision of law and order and
very limited public works were provided through the Council of Assiniboia, a
body of councillors appointed by the Hudson's Bay Company. It met at Upper Fort
Garry, where Winnipeg's Broadway Avenue and Main Street now converge. Although
the Council protected the Company's trading interests through the appointment
of company personnel, councillors representing other local, albeit
complementary, interests were appointed to the body and had some influence.
Threatened by the encroaching American
frontier, negotiations between the Imperial Government, Canada, and the Company
led to a transfer of Rupert's Land and the North-western Territory to Canada in
March, 1869. The Parliament of Canada prepared to govern its acquisition by passing
an act which prescribed an Ottawa-appointed Lieutenant Governor and council
with undefined powers to administer these Territories from Upper Fort Garry.
What a fleeting assertion this was to be.
As the newly-dispatched Lieutenant Governor
rode into Assiniboia, armed inhabitants confronted the astonished appointee. He
could not enter the settlement, they declared, without the consent of its
people. No assumption of power by Canada would be allowed without local
consultation and assurances of good government. The Lieutenant Governor never
did see Fort Garry.
The progenitor of this agitation was Louis
Riel. Supported by a group of fellow Métis, he had seized Upper Fort Garry.
Facing a small, yet organized and vocal opposition from some local Canadians, and
facing skepticism from many others, Riel invited one delegate from each of the
twelve Anglophone parishes and from each of the twelve Francophone parishes to
decide on a united course of action in the absence of a government. There
followed a few months of intense political manoeuvring, the temporary
imposition of martial law, the imprisonment of some rambunctious Canadians, and
two planning Conventions culminating in Assiniboia's first election, held at
public meetings, for the "Legislative Assembly of Assiniboia." It
consisted of twenty-four members equally divided between the Anglophone and
Francophone parishes. Riel was elected President. The constitution of the
Assembly exhibited both British and American influences. The executive was
chosen from the Assembly and responsible to it, although the President was not
a member and a vote of two-thirds was needed to override a Presidential veto.
The Provisional Government established under
President Riel functioned for almost four months; the Assembly passed several
laws and approved the fourth draft of a "List of Flights" to be
presented to the Canadian Government. The "List" was apparently drawn
up and approved under the dominant influence of Riel. It set out a number of
conditions to be met in order for annexation to be acceptable to the people of
Assiniboia. Provincial status was generally sought as well as the following
specific guarantees:
a) that representative institutions be
provided for;
b) that control of education be granted to
the communities;
c) that recognition of Métis and half-breed
land holdings be continued;
d) that a senate as well as an elected
assembly be established;
e) that denominational schools be provided
for; and;
f) that protection be provided for use of
the French language.
The Catholic, Francophone interests
obviously perceived threats to their culture.
With the chief exception that Assiniboia's
ownership of the public domain was withheld, Ottawa agreed to most of the
conditions sought and entrenched these rights in The Manitoba Act by the end of
two weeks. The Journals of Assiniboia's Assembly subsequently recorded a
unanimous vote on the question "That the Legislative Assembly of this
country do now, in the name of the people, accept The Manitoba Act." The
first post-confederation province and the first Canadian-made jurisdiction was
thereby born upon proclamation on July 15, 1870. It was perhaps a premature
birth, hastily and desperately conceived.
Although Ottawa did not label Assiniboia's
actions as treasonous, the federal Government was compelled to revenge Riel's
responsibility for his earlier execution of an Ontario man, Thomas Scott. An
expedition to the emerging province under Colonel Wolseley was ordered to
ensure peace and order and seek out Riel. When the troops arrived, the
President had vanished and most of the Assembly's members had made themselves
scarce. Riel was to later protest, 1 know that through the grace of God 1 am
the founder of Manitoba."
The name "Manitoba" was favoured
by Riel and several local leaders who envisioned an enlarged provincial
territory which might some day embrace the namesake, a westward lake which
nearby Indians referred to as the place where the Spirit whispers." It was
also favoured by Ottawa, the historic name of Assiniboia now having a negative
connotation in much of English Canada.
The sudden advancement to provincial status
in Manitoba was in great contrast to other parts of the country where
achievement of this status had resulted from gradual evolution over a much
longer period. Manitobans could hardly respect or understand their new
parliamentary system. There was previously scant interest in public affairs
largely owing to the transitory demands of the buffalo hunt, subsistence
activity or preoccupation with the spiritual institutions. At most, there was
an authoritarian/quasi-republican political heritage.
Manitoba's first Legislature fulfilled a
limited role as a representative body wherein members articulated the varied
community concerns. The legislative and financial expertise typical of the
British parliamentary model were generally wanting. The first Lieutenant
Governor, Adams Archibald of Nova Scotia (1870-1872) and the second, Alexander
Morris, formerly chief justice (1872-1877), were the real sources of policy
making. Archibald organized many of the candidates for election, his policies
formed the basis of the first partisan difference the
"pro-Government" candidates and "Oppositionist" candidates,
drafted the first major bills and reserved numerous others. Morris wrote Prime
Minister Macdonald,1 read every bill and play law clerk but they make a sad
mess of things with the amendments in the House." The Lieutenant Governors
attended Cabinet meetings for five years and their private secretaries sat as
observers on the floor of the Legislative Assembly. The financial function of
the Legislature was, of course, limited by the demands on government at that
time. Furthermore the ability of the Legislature to tax was so limited that 90
percent of provincial expenditures were met by the federal government.
By 1876, the advent of full responsible
government was imminent. The Lieutenant Governor increasingly withdrew from
active policymaking and a cohesive cabinet was emerging. By 1882, increasing
immigration from Eastern Canada was creating growing pressure for the
establishment of party politics. The Liberal and Conservative labels had sprung
up. The press became politically aligned and the Legislature more polarized.
A pioneer resident of Winnipeg, A.G.B.
Bannatyne, shared his home with the members of the Legislature for its first
session in 1871. He left his log abode to the Assembly and Council for the
ensuing two years, until it was razed by fire. The local Court House was
occupied until 1882 when a new brick Law Courts building accommodated the
Assembly. A federal grant finally allowed the Legislature to occupy its own
single purpose building in 1884. The white brick building with its crimson
Chamber was described in the 1883 Canadian Pacific Register as "A handsome
structure, one which not only shames the miserable pile of heterogeneous
government buildings at Toronto, but one superior to any provincial building in
the Dominion." Alongside it, the Lieutenant Governor's residence was
constructed in the same style. The residence remains in use today.
A fifth and much larger building was decided
upon in 1911. Since its completion in 1920, it has been described as one of the
continent's finest legislative buildings but its construction heralded one of
the continent's worst political scandals; $900,000 worth of contract fraud and
political kickbacks toppled the government of the day and is considered partly
responsible for almost eradicating partisan politics in Manitoba. It is also
noteworthy that, although the building was designed by an Englishman, the
Legislative Chamber is unique to British and Canadian parliamentary settings;
members are seated in a semicircular, tiered arrangement. As well, loges are
provided on the floor of the Chamber to seat former members or visiting members
from other Commonwealth parliaments. Allowing 11 strangers" to be so near
the thick of things has never caused a problem except in 1973 when it provided
former member and Winnipeg Mayor, Steve Juba, with an excellent vantage point
from which to preach to MLA's on the inadvisability of erecting a public
washroom in a nearby park. When the Speaker called upon the Sergeant-at-Arms to
remove him, members had to contain their laughs: the thin, ageing – and shocked
officer would be no match for Mr. Juba. Sensing the difficulty. the Speaker
then called for the police. A cabinet minister, Joe Borowski, gained the
Mayor's co-operation, however, and both walked out together.
The Upper Chamber
The Manitoba Act provided for a bicameral
legislature consisting of an appointed Legislative Council of seven members and
an elected Legislative Assembly of twenty-four members. The Upper House may
have provided a valuable stabilizing influence at least during the first two
years of the legislature's existence but it was costly and cumbersome machinery
for the little province. The cost of maintaining the Legislature was almost 70
percent of the provincial budget. Due to the limited revenues of the government
and the need to make regular appeals to Ottawa for increased funding, the
Manitoba Government responded in 1874 to a suggestion by the federal cabinet
that Manitoba reduce its expenses. The obvious solution was to eliminate the
Legislative Council. The required legislation passed easily in the Assembly but
was hoisted six months by the Council. At the next session it was hoisted three
months by the Council. On the third attempt, the Council received the bill
facing an atmosphere of increased public skepticism about the need for the
Upper House, and with the knowledge that each Councillor had received a promise
of an alternate position from the Lieutenant Governor or the government. One
Councillor nonetheless objected to the Third Reading motion, "The
Legislative Council can have no right to diminish their power, for that is coeval
with their conventional existence and therefore already beyond the scope of
implied commission." Despite such a reasoned and forceful argument, the
body voted itself out of existence in February, 1876; the Speaker cast the
deciding vote. The Council had lasted six Sessions. Only a minority of
French-speaking Catholics and a few wary of the abilities of the Assemblymen
lamented its passing.
Provincial Growth
Manitoba began as a tiny rectangle, perched
on the U.S. boundary and surrounded by Rupert's Land and the Northwest
Territories on all other sides. It was appropriately called the postage stamp
province." A continued crusade to push the boundaries outward saw
successful re-definitions in 1881 and 1912.
Manitoba's Attorney General once held the
seat of Rat Portage. Oddly, Rat Portage, now Kenora, also had a member in the
Ontario legislature at the same time. Both elections were held on the same day,
in 1883. The area owed this superior representation to the extended political
battles fought between Manitoba and Ontario over their shared boundary.
Unfortunately for Manitoba's Attorney General, Rat Portage was awarded to
Ontario in 1884. As a demonstration of independence however, the Assembly
allowed him to sit as a member for the ensuing session of 1885.
Within its boundaries, Manitoba's total
population mushroomed from 25,000 in 1870 to a staggering 460,000 by 1911. This
tremendous growth was precipitated by the transition of the province from the
fur trade and Red River cart era to one of grain and trains. Principally,
Winnipeg was the gateway to the vast agricultural lands around and to the west
of the city. Most of the newcomers were born in Britain, coming directly from
the "old country" or from Ontario. The Francophones became a
minority. Significant immigration by, first, the Mennonites and then the
Icelanders added to the ethnic and regional diversity of the Province. By the
turn of the century there was also major immigration from Eastern Europe,
notably of Ukrainians and Poles.
A Bilingual Outpost
The rapid decline of the Francophone
majority greatly affected the status of the French language despite the
language guarantees entrenched in The Manitoba Act. Those guarantees were
virtually identical to the English language guarantees of the British North
America Act affecting Quebec.
Equal representation of the two linguistic
groups ensured the regular use and equal recognition of both languages in the
Assembly during the first two Legislatures, but when the 1878 redistribution of
seats increased Anglophone representation to reflect demographic changes, two
developments occurred. First, the English majority overtly threatened the use
of French. In 1879, Anglophone members supported passage of a bill to eliminate
the printing of all public documents, except the Statutes, in French. Its
enactment was denied however when the Lieutenant Governor reserved the bill.
Second, the French succumbed to the majority language. Without the modern day
facilities of simultaneous interpretation, Francophone members increasingly
conducted Assembly business in English out of necessity to impress their views
on their colleagues. The Clerk's reading of all motions in French was
increasingly dispensed with by Francophone members and the requirement that
bills had to be printed in French before Second Reading was infrequently
demanded. As well, the Orders of the Day evolved into a unilingual publication.
Francophone acquiescence to this erosion provided further ammunition for
attempts to abolish French.
While anti-French sentiment had long existed
in some quarters, a watershed was crossed in August 1889 when the Attorney
General, Joseph Martin, rallied to the anti-French cause of a visiting MP,
D'Alton McCarthy, and pledged abolition of French as an official language or
his resignation. He argued, "This is a British country and the business of
the House should be done in the general language of the country."
Thereafter an order-in-council abolished bilingual publication of the Manitoba
Gazette. When the legislature met in 1890, the Rules respecting the use of
French were repealed and an act was passed to abolish French as an official
language of the Assembly and of the courts. The Francophone members and daily
petitioners to the Assembly avowed that the move was unconstitutional and
venomous. The Governor General decided there can be little doubt that a
decision of the legal tribunals will be sought at an early date as to the
validity of the present legislation. A judicial determination of the question
will be more permanent and satisfactory than a decision of it by the power of
disallowance."
County courts declared the language act
invalid on two occasions. Governments instead of appealing, simply ignored the
rulings. No meaningful judicial decision was secured for eighty-six years. When
the Supreme Court of Canada decided the case of Georges Forest, a Winnipeger
who fought a $5.00 parking ticket in 1979 on the ground that it was in English
only, the 1890 language Act was declared unconstitutional and the guarantees of
The Manitoba Act were upheld. The Legislative Assembly has since embarked on a
program of translating all bills which enact complete new legislation. Existing
acts are being continually translated. In December 1982, a simultaneous
interpretation facility was installed in the Chamber whereby, on reasonable
notice to the Speaker, Francophone members can have their speeches interpreted
into English. French speeches are followed in Hansard by an English
translation. Previously, this was done only if the member provided the
translation. As well, plans to translate the Journals are being finalized. The
use of French in the House is nonetheless infrequent. There are only three
Francophone MLA's and about as many Anglophones who may occasionally speak in
French. However as Larry Desjardins said to the Assembly in December 1982,
"(le changement) représente un grand pas de l'avant, un pas dans la
direction de la justice. Certainement, vous pouvez vous imaginer comme ce n'est
pas toujours amusant de parler à des piliers de granite. Aujourd'hui, jour
mémorable, je vous adresse un message, et vous me comprenez."
Representation
From the lst Legislature (1871-1874) to the
13th (1911-1914), the number of seats in the Assembly more than doubled,
reflecting Manitoba's population and territorial growth. However, while there
were 55 seats in 1920, there are only 57 today.
North America's first election based on
proportional representation took place in Manitoba in 1920. Winnipeg was a
single, ten-member constituency until 1949 when it was split into three,
four-member ridings. In 1958 the city was finally divided into single member
seats.
Representation in the Assembly used to
reflect a significant rural bias. In 1952, some members cited the example of
six urban votes in Kildonan-Transcona equalling one rural vote in St. George.
Even after Manitoba pioneered an independent electoral boundaries commission in
1955, a 7 to 4 rural voter advantage was established as a parameter for the
commission's redistribution, The CCF leader, Lloyd Stinson, once asked the
House, "Why should four housewives in Portage la Prairie be equal to seven
in Brandon?' An antagonist heckled, "You don't know those Portage
women." Stinson retorted, "Do you?" Although as much as a 25
percent population variance is still allowed between electoral divisions, the
disparity was nonetheless decreased for the 1981 election, the first in which a
majority of the electoral battles were fought in Winnipeg.
For 52 years, members of the Assembly who
were appointed to cabinet had to resign their seats and run again. The
requirement was intended to enhance the legislature's independence from the
executive and to ensure public endorsation of cabinet members. After 32
by-elections for this purpose, the Assembly agreed that the practice was unnecessarily
costly and it was abolished in 1927.
Only male property owners over 21 years of
age could vote in 1870. The property restriction was removed in 1888 and the
age limit was lowered to 18 in 1969. Manitoba was the first Canadian jurisdiction
to enfranchise women, ending a legislative struggle begun in 1892. Conservative
Premier Rodmond Roblin had argued, 1 believe woman suffrage would be a
retrograde movement, that it would break up the home, and that it would throw
the children into the arms of the servant girls." Local suffragette
leader, Nellie McClung knew how to handle such arguments. She claimed,
"Politics unsettles men, and unsettled men mean unsettled bills broken
furniture, broken vows and divorce." Roblin finally lost out in 1916 when
the Liberals under T.C. Norris came to office leaving Roblin to complain, I am
opposed by all the short haired women and the long haired men in the
Province." The first woman. Edith Rogers, entered the Assembly after the
1920 election amid thumping desks and ovations from the spectator's gallery
but, until 1981, only seven women were elected. Now times have changed and in
1981, seven women were elected at once. Treaty Indians were given the vote in
1952 and the first native, Elijah Harper, was elected in 1981.
Over the years 26 parties or groups have
been represented in the Manitoba's Assembly. There have also been two "non
partisan" eras. The first one, from 1870 to about 1882. preceded the
emergence of full responsible government and was followed by 40 years of bitter
Liberal and Conservative rivalry. The second non partisan era began in 1922 and
lasted three decades.
A number of farmers were elected in 1922 on
a platform which rejected party politics. The group found a leader in John
Bracken of the Manitoba Agricultural College. (it became known, perhaps
inappropriately as the Progressive Party, a name later combined with
"Conservative" label as a condition of Bracken accepting the federal
leadership of the Progressive Conservative Party in 1942.) Although
Conservatives, Liberals, Socreds and CCIF all joined this farmer's party at
various times, the regime came to be called the Liberal Progressive
administration. After Bracken, it was led successively by Stuart Garson and
Douglas Campbell. The only long-term opposition to the arrangement was
comprised of a few Labour or CCIF members and a few independents; one member in
the 1936-40 Legislature was North America's first elected Communist. Throughout
most of the 1940's there were only three opposition members in the Assembly.
This Liberal-Progressive government was
perceived by many as a stable and thrifty administration. Well-suited to the
demands of depression and war. Some observers were critical however and argued
that the Legislature had sunk to the level of a glorified but ineffective
municipal council. Professor M.S. Donnelly argues, "The theory, held so
strongly by Bracken, Garson, Campbell and Willis, that political parties were
unnecessary, shows how little they understood the parliamentary system which,
of course, is based on party government. indeed, they very nearly succeeded in
destroying it."
The rebirth of "partisan" politics
started after the disastrous Red River flood in 1950. The Progressive
Conservatives left the coalition charging that the Liberal-dominated government
had mishandled the emergency. The three main blocks the Liberals, Progressive
Conservatives and CCF/NDP have continued to vie with each other for political
supremacy although the Liberal vote started to decline in 1958. In 1981, the
Liberals and the newly-formed Manitoba Progressives, who had broken off from
the NDP caucus a year earlier (not descendants of the earlier Progressives),
were shut out by the electorate. The Tories and New Democrats were left to do
battle in the Assembly.
The Office of Speaker
The Manitoba speakership got off to a bad
start. One winter night during the session of 1873 the Speaker, Curtis Bird,
M.D., was summoned from his Winnipeg home by the advice that his medical
services were required at the death bed of a prominent woman. En route, he was
attacked by hooded men. The police officer who finally rescued him recounted,
"He was, indeed, a sorry sight, patches of tar and feather all over him,
and the bitterly cold night froze some of the feathers to his cheeks and he had
a scarecrow look in every way." The reason for the attack was a ruling the
Speaker had made regarding a controversial bill to incorporate the Town of
Winnipeg which had angered many of the town's residents. Two days later, the
Speaker was back in the Chair and the Assembly passed a resolution to condemn
the "cowardly and dastardly" treatment. The perpetrators were never
identified.
In 1888 the local press alarmed, "the
mighty unwritten part of the British constitution was hurled into the dust and
trampled upon." The outcry was not because the lack of a quorum had
prevented the House from meeting for six consecutive sittings. It was because
the Speaker wore a tweed suit instead of his robes for one of these brief
sittings. It was a difficult session for quorums. Once the Speaker adjourned
the House for want of a quorum during a lull in debate. When members chatting
in the lobby found out. they angrily pursued the Speaker to his Chamber. but he
refused to reverse his adjournment. The quick-thinking Attorney General, dashed
off and seized the Mace from the Sergeant-at-Arms room and put it in its place
in the House. The debate continued. Later adjournments for a lack of a quorum
were due to the more legitimate Manitoba distractions – snowstorms and
bonspiels.
The Speaker's Chambers were traditionally
the repository of the best cigars and tobacco. The late night committee rooms
were so full of thick air it was often difficuit to see the chairman. One
member from St. Boniface could regularly be seen going down the halls with
great handfuls of free cigars. However, during the depression this tradition
became regarded as extravagant and was discontinued. The 1931 tobacco costs
totalled over one thousand dollars, about 18 percent of the Assembly's
operating expenses for that year.
Speakers
of the Legislative Assembly 1871-983
|
Name
|
Constituency
|
Elected Speaker
|
Joseph Royal
|
St. Francis Xavier West
|
1871
|
Curtis J. Bird
|
St. Paul's
|
1873
|
Joseph Dubuc
|
St. Norbert
|
1875
|
John Wright Sifton
|
St. Clements
|
1879
|
Gilbert McMicken
|
Cartier
|
1880
|
Alexander Murray
|
Assiniboia
|
1883
|
David Glass
|
St. Clements
|
1887
|
William Winram
|
Manitou
|
1888
|
Samuel Jacob Jackson
|
Rockwood
|
1891
|
Finlay McNaughton Young
|
Killarney
|
1895
|
Wilhelm Hespeler
|
Rosen Feldt
|
1900
|
James Johnson
|
Turtle Mountain
|
1904
|
James Boyson Baird
|
Mountain
|
1916
|
P. Adjutor Talbot
|
La Verandrye
|
1923
|
Robert Hawkins
|
Dauphin
|
1937
|
Wallace Conrad Miller
|
Rhineland
|
1950
|
Nicholas Volodymir
Bachynsky
|
Fisher
|
1950
|
Abram William Harrison
|
Rock Lake
|
1958
|
Thelma Bessie Forbes
|
Cypress
|
1963
|
James H. Bilton
|
Swan River
|
1966
|
Ben Hanuschak
|
Burrows
|
1969
|
Peter Fox
|
Kildonan
|
1971
|
Harry Edward Graham
|
Birtle-Russell
|
1977
|
Derek James Walding
|
St. Vital
|
1982
|
|
|
|
In the late 1950's the Speakership appeared destined
to be filled on a permanent and non partisan basis. In the last Speech from the
Throne of the Campbell's government, it was announced, "You will be asked
to consider at this session that provision be made that the tenure of Office of
the Speaker be of a permanent nature to take effect at the first session of the
twenty-fifth Legislature." To this end, the leaders of all parties later
endorsed a measure to make the Speaker's indemnity a permanent and direct
charge on the Consolidated Fund. However, when Duff Roblin's ensuing minority
government nominated Abram Harrison, a member of government caucus, as Speaker
at the next sitting, an early government defeat appeared imminent. Mr. Campbell
alleged that no consultation had taken place to ensure a non partisan
appointment, contrary to the earlier consensus and contrary to the precedent
established by 40 years of consultation. Obviously the Tories, out of office
for so long, relished every appointment available. Although the Premier's
nomination was supported by the CCF in order to avoid an election, Mr. Campbell
proposed a resolution at the next session to seek affirmation of the
legislature's support for the implementation of a non partisan Speakership. It
was slightly watered down by the House when it was agreed that, ". . .
this House record its opinion that the practices and precedents of the Mother
of Parliaments at Westminster offers our best guide in confirming the
Speakership as a non partisan and independent office and that those practices
and precedents receive the support of this House." Although the British
model has not been adopted, nominations for Speakers have been made after
consultation with the Official Opposition and they have been seconded by
opposition members since 1971.
Manitoba Speakers must regularly face
appeals to their rulings. Two of Speaker Harrison's rulings were overturned in
one week during his second session. He later mused, 1t was like writing a
cheque with no money in the bank." On two occasions, resolutions were
proposed to ensure that specific Speaker's rulings should not be precedents;
one was agreed to. The first motion of censure against a Speaker was proposed
in I82 wherein it was alleged that the Premier and Attorney General had
influenced the Speaker to make a ruling which appeared to alter a previous
decision of the Chair. It was defeated on division.
The Speakership was not a stepping stone to
cabinet before 1950, but since then four of the eight Speakers were
subsequently appointed to the Executive Council. Conversely, four former
cabinet ministers have been elected Speaker since 1871.
The Fraternity
Decorum in the Assembly, like that in other
Legislatures, varies with personalities and issues. The first legislature
quickly set the standards of dress. Members may not have understood their
legislative system but they perceived its deserved dignity and accordingly shed
their flannel shirts for more stylish clothes. Cut-away coats or dark suits
were the vogue into the 1930's. Former Premier, Douglas Campbell recalls being
publicly chastized by a prominent press gallery commentator for wearing brown
shoes. In 1969, a member was caught in a turtleneck and jacket. He later
proposed a motion that any dress requirements should be eliminated, arguing
that the dress of a member was irrelevant to decorum and the performance of his
or her duties. The motion was ruled out of order and the Rules Committee later
confirmed the suit jacket and tie requirement. No one has yet found it
necessary to propose a dress code for female MLA's.
Long-time members, both past and present,
are known to lament a decline in the House's decorum. Mr. Campbell says of
earlier sessions, "Although members were fierce and furious at times they
conducted themselves in a gentlemanly way, always with a sense of
decorum." A possible indicator of a trend in decorum may be the increased
numbers of Speaker's rulings dealing with conduct rather than mechanical
matters. Similarly, only two members were ordered to withdraw from the Chamber
before 1970; there have been six namings since then, including a cabinet
minister and a Leader of the Opposition. The left-right partisan fervour of
today is likely a factor. Whether this spirit, that was so absent for about
thirty years, can enhance the effectiveness of the legislative process and help
ensure responsible government has yet to be decided. One placebo traditionally
taken by Manitoba members is to adjourn for a day during the session to travel
by train, and today by bus, to the Brandon Winter Fair. This annual pilgrimage
has endured since at least 1917.
The Assembly has historically sat late into
the night. A.F. Martin, MLA for Morris, holds the record for longevity in
debate. In 1890 he began at 10:00 p.m. and spoke until 7:30 the next morning
during a debate on the abolition of public aid to denominational schools.
Imposing time limits on debate in 1940 however did not guarantee shorter night
sittings. Other than the occasional "red-eyed" estimates review, the
government introduction of the "Speed-up" motion near the end of each
session allows the legislature to sit to any hour. As a former Whip said, 'This
is our annual trek into madness. . . " but it is generally accepted as
necessary to ensure passage of the government's program and to secure an extra week
or two of summer vacation for MLAs. In the early 1960's former NDP Leader, Russ
Paulley, wore a night-cap into the Chamber in silent protest. In 1970 exhausted
members sat for almost two months in "Speedup". Newlywed MLA. Russ
Doern, was astonished to see his new bride appear before a Standing Committee
in that year to admonish the group for a recent 5:20 a.m. adjournment of the
House. The Lieutenant Governor is often summoned from sleep to assent to the
Session end list of bills and to prorogue the House. Marathon sittings have
apparently been preferred to closure. Guillotine or closure motions have been
resorted to only three times.
At prorogation members revelled in the
"Paper Fight". The tradition began around the turn of the century
when MLAs would throw their desk papers into the air. By 1920 members began
aiming at each other. Paper balls were ineffective; tied up rolls of Hansard or
magazines were much superior. Blood and bruises resulted. Frustrations were
vindicated and vendettas exorcised. The press gallery was a favourite target.
Finally. in 1981 damaged Chamber fittings signalled the end to an era and, out
of respect for expensive new desk microphones, the tradition has been dropped.
Much of the Assembly's time is devoted to
studying the estimates of departmental spending. For a brief period, time
limits restricted this task to not more than 90 hours a Session. In the
mid-1970's an agreement was reached whereby this time limit was removed in
exchange for imposing a 40 minute limit on the Oral Question Period. Concurrent
sittings of two sections of the Committee of Supply presently examine the
spending plans for all departments. Since 1977, a Sessional average of 300
hours is devoted to this process, surely a Canadian record. Hopefully, this helps
to ensure legislative control over Government spending. It should also be noted
that the ancient doctrine that grievances may be raised before Supply is
maintained.
Standing committees have always played an
active role in the consideration of legislation. They are a forum where the
public has, by tradition, employed not only the privilege of attending but
making presentations on all bills, except ways and means or tax bills which are
referred to the Committee of the Whole. Of the eleven standing Committees, most
bills are studied in the thirty-member Law Amendments Committee. Annual reports
of crown corporations and public utilities are considered by the smaller,
eleven-member Committees on Economic Development and on Public Utilities and
Natural Resources. In 1960 a Standing Committee on Statutory Regulations and
Orders was established to examine regulations and report on whether or not they
are restricted to administrative matters, are not retroactive, do not exclude
jurisdiction of the courts, contain reverse onus clauses, impose a tax, or
otherwise make an unusual use of delegated authority. Although most regulations
stand permanently referred to the Committee and 'Shall be examined by that
Committee," no regulations have been considered since 1972, although a
futile revival of the chore was attempted in 1980. The Committee has been used
mainly to conduct inquiries related to specific legislation or proposed
constitutional changes.
The Rules are permanently referred to the
Standing Committee on the Rules of the House. It is chaired by the Speaker and
generally operates by consensus. Before 1977, Special Committees were struck to
examine the Rules from time to time but by the late 1960's as many as two
amendment packages a year were being passed, necessitating the permanent
Committee. The Committee also considers other related matters such as
recommending guidelines affecting broadcasting of House proceedings and Hansard
policy.
Committees have not exhibited significant
independence from the government. Until the election of the Schreyer
administration in 1969 many were chaired by cabinet ministers, including the
Standing Committee on Public Accounts. Today the minister sponsoring a bill is
always a member of the committee and usually in attendance. Committees
authorized to inquire into a particular matter are usually staffed, and reports
drafted, by employees of the related department and the minister often plays a
prominent role in the proceedings.
The Clerk Assistant of the Assembly was once
allowed at the Table only to announce members' names for recorded votes. This
practice proved unsatisfactory, however, so the Sergeant-at-Arms did the chore
for a brief period. Thereafter it was decided, in the mid1930's, that the page
boys, who were high school students, should do the job. Unique to Canadian
Legislatures, the pages continue to call the names. A division early in the
session can be a terrifying challenge to the chosen greenhorn but to both the
members and the young student it is usually a memorable moment.
Premiers
of Manitoba 1870-1983
|
Name
|
Years in Office
|
Party
|
Alfred Boyd
|
1870
|
Government
|
Marc Arnable Girard
|
1871-1872; 1874
|
Government
|
Henry J. Clarke
|
1872
|
Government
|
Robert A. Davis
|
1874
|
Government
|
John Norquay
|
1878
|
Conservative
|
David Howard Harrison
|
1887
|
Conservative
|
Thomas L. Greenway
|
1888
|
Liberal
|
Hugh John MacDonald
|
1900
|
Conservative
|
Rodmond Palen Roblin
|
1900
|
Conservative
|
Tobias Crawford Norris
|
1915
|
Liberal
|
John Bracken
|
1922
|
United Farmers of
Manitoba/Progressive/Liberal-Progressive
|
Stuart Sinclair Garson
|
1943
|
Liberal-Progressive
|
Douglas L. Campbell
|
1948
|
Liberal-Progressive/Liberal
|
Duff Roblin
|
1958
|
Progressive Conservative
|
Waiter C. Weir
|
1967
|
Progressive Conservative
|
Edward R. Schreyer
|
1969
|
New Democratic
|
Sterling R. Lyon
|
1977
|
Progressive Conservative
|
Howard Russell Pawley
|
1981
|
New Democratic
|
|
|
|
For the Record
Permanent recording of debate began in 1949
but it was not until the 1953 session typed transcriptions of speeches were
made available to members on request. This proved to be a successful service
and by 1957 the number of transcriber had increased from one to five. A
proposal in 1952 and three Private Members' resolutions introduced in 1956,
1957 and 1956 urged the establishment of a full-service Hansard, but to no
avail as all were defeated. However, when a new Tory Government was elected in
June 1958, a Hansard service was immediately put into place. Premier Duff
Roblin agreed to provide the service only on the condition that speeches be
unedited. By 1974, proceedings of Committees were also recorded and
transcribed. Today's 16-member Hansard team works devotedly through the night
on word processing equipment to provide a typeset publication within 24 hours
of the spoken word.
The broadcasting of the legislative
proceedings is a recent development in Manitoba. Despite urgings by way of a
Private Members' Resolution in 1952 that Chamber debate should be broadcast on
radio, an audio feed to the Legislative Building media offices was not made
available until 1973 and direct feed to Winnipeg cable outlets was not added
until 1979.
Televising of all proceedings was sanctioned
in 1979 but the consortium of television stations, which ensures coverage and
controls the film, usually limits the camera's operation to the Oral Question
Period, the Speech from the Throne and Budget Address. There are no prescribed
guidelines on camera movement. Taking still photographs from the Press Gallery
above the Speaker's Chair was approved in 1981. Committees are open to all
media coverage unless otherwise determined by a particular Committee.
The Battles
The landmark legislative and public issues
of Manitoba follow no common theme. Several early battles were concerned with
efforts to consolidate a strong provincial position and settle differences with
the federal government. The issues included: the extension of the Province's boundaries,
better federal-provincial financial terms and, in particular, repudiation of
federal disallowance of provincially incorporated railway companies which would
provide competition for the CPR.
The most divisive and lasting issue was a proposal
by the Liberal government of Thomas Greenway in 1890 to abolish public funding
of separate schools. Although the French Catholics lost the battle, this debate
has raged on through most of the province's history. It spilled into the
federal forum as well and became the main issue of the 1896 federal general
election.
Other major debates have included a
Legislative Building scandal, charges of collusion between Bracken's government
and a private electric company that was awarded ownership of a new power dam,
and alleged collusion in the setting of beer prices during the Campbell
government. Manitoba legislators also had to grapple with the Canada-wide
question of whether sales of coloured margarine should be allowed. This
apparently frivolous concern raged on for over a decade and divided members on
an urban-rural basis. A massive fraud by European interests involving public
funds invested in a forestry complex at The Pas was an important issue of the
late 1960's and early 70's. Finally, the introduction of a provincial public
automobile insurance plan in 1970, during a minority NDP Government under
Premier Ed Schreyer, was one of the greatest battles of the last few decades.
Conclusion
Manitoba's parliamentary tradition is
garnered from the experience of 112 years and its rules and procedures derived
from a long process of evolution. The system is strong, yet there are always
challenges. Three present-day examples can be identified. First, acrimony
resulting from a left-right ideological dichotomy, manifested in two major
political parties, often strains the application of many parliamentary rules
and conventions.
Second, demands on the resources of the
Legislature have greatly increased. For example, a comparison of the first ten
sessions with the last ten reveals that the average number of sessional bills
has increased from 48 to 82. The House must now consider well over a billion
dollars in public expenditure and thousands of government staff positions as
compared to about $150,000 a year and about half a dozen employees in the first
ten years. The average number of required sittings has more than quadrupled,
from 21 to 86 days and the former short sessions have expanded well into the
seeding and harvesting seasons. (Oddly, only the number of petitions praying
for action other than passage of a private bill has decreased; the last
petition of this type addressed to the Assembly was received in 1943) Today,
the Assembly requires of its Members almost fulltime duty.
The third challenge results from the steadily
growing difference between the roles of sitting members. On the one extreme,
ministers are subjected to the often exhausting demands of policymaking and
administration. These demands tend to divert their attention from the
Assembly's operation and may cause the busy minister to perceive the
legislature as a time-consuming nuisance. On the other extreme, the backbencher
may be perceived as being very remote from government or lacking access to
information about the government. This may cause such members to experience
consequent frustration and members at both extremes may direct these
frustrations at the parliamentary system.
Despite these challenges, the adaptability
of the parliamentary model is well-proven. In 1870, Manitoba took on the new
system, with no parliamentary tradition. For a time many thought the system was
doomed to failure, but the citizenry and the members came to recognize the
worth of the institution and demonstrated its adaptability. It has continued to
survive many and varied political crises. It will continue to serve the
province well.